i^=^^ 3^1 
 
 
 iMi m 
 
 ^<!/0JllV3J0^ 
 
 \oi\m 
 
 ^OFCAllFOft^ 
 
 ^<9Awaan^\'^ 
 
 ^WE UNIVERi/A 
 
 ■^S]m\\\m^ 
 
 .vWSANCElfXy> 
 
 O 
 
 -< 
 
 'VA,M]AlMr).]WV 
 
 aOFCALIFO% ^OFCAlll 
 
 ^0AbVJi8ii-^v<^ ^<?Aavtia 
 
 vj<LOSANCflfj> 
 
 O 
 
 -< 
 
 %a3AiNn]WV^ 
 
 vvlOSANCElfj> 
 
 o 
 
 %il3AINn3WV 
 
 .^tllBRARYQr^ 
 
 ^OFCAIIFO/?/^^ 
 
 
 vj;lOSAHGElfj> 
 
 -< 
 %a3AINfl3WV^ 
 
 "% 
 
 UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 LAW LIBRARY 
 
 •Sxw. UDnrnTTOJi*' 
 
 '^<!/0JnV3JO'^ ^<!/0dl1V3JO'^ 
 
 ^OFCAUFO/?^ 
 
 ^OFCAUm/?^ 
 
 A>;10SANC 
 
 o 
 
 I 
 •CALIFO% 
 
 ^<!/0JnV3 
 ^OFCAIIF 
 
 
 •^^AiivjianiS^'^ <r?iJ3Nv.soi^ 
 
 A^^l•LIBRARYQ^ 
 
 >i 
 
 \WE UNIVERi/A 
 
 ^'^ S^ IL 
 
 ^lOSANCElfj^ 
 
 ^^ILIBRARYOc. A^^tLIBRAR 
 
 '^
 
 ijiaoNVSOi^"" %a3AiNn3WV 
 
 -< 
 
 \omyi^'^ 
 
 "^^OdlTVDJO'i^ 
 
 ^5- 
 
 ^\EUNIVERS//, 
 
 o 
 
 vKlOSANCElfXx 
 
 O 
 
 ^aaAiNrt-JW^-^ 
 
 ,OFCAllF0/?x; 
 
 ^OFCAIIFO/?^ 
 
 
 Aavaaii-i^"^ 
 
 ^WEUNIVERS/; 
 
 -<rii3Dwsoi^' 
 
 ^VIIBRARYO^ ^^^^l■LIBRARY■G^ 
 
 '<»0Jiiv3jo^ %oi\mi^- 
 
 \\sim\ms/A 
 
 o 
 
 ^lOSANCElfj> 
 o 
 
 -< 
 
 %a3AINn3WV^ 
 
 A^ILIBRARYQ 
 
 C3 
 
 -^.i/OJIlVJJ* 
 
 OFCAIIFO/?^ ^OFCAIIFO/?^ 
 
 ?AHv>jan-^s^^ ^<?Aiivaaii# 
 
 AWEIJNIVER5-/A 
 
 <ril33NVS01^ 
 
 ^lOSANCElfj> 
 o " ^ 
 
 %a3AINn3V\V 
 
 OFCAIIFO/?^ 
 
 ^6?AyvaaiH^ 
 
 \\t UMVERS/A 
 
 o 
 
 ^>^10SANGEI% 
 
 ■%a3AiN,i i\^: 
 
 ^tllBRARYQ^ ^lllBRARYQ^ 
 
 ^<!/0JnV3JO'^ ^<5fOJIW3JO^ 
 
 ^WEUNIVER^/, 
 
 %130NVS01^ 
 
 IrtEUNIVERS//- 
 
 v^lOSANCELfX/ 
 o 
 
 o 
 
 :?i]ONvsoi^ 
 
 "^aBAiNn-auv 
 
 .-A;OFCALiFO% ,^0FCAIIF0% .^WEUNIVERi-/^ 
 
 >&Aavaani>N^ 
 
 ^OAHvaani^ 
 
 <ai30NVS01^ 
 
 ^UIBRARYO/: 
 
 ^^lllBRARY6>/r^ 
 
 '^OJIIVDJO^ 
 
 %OJI1VJJO^ 
 
 \WEUNIVERy/A 
 
 o 
 
 vS:lOSANCElfj> 
 
 o 
 
 %a3AiNn-3WV 
 
 ^N^MIBRARYQ 
 
 •aojiivojo 
 
 OFCALIFO% ^OFCALIFO% 
 
 &Aavaan-i^ 
 
 ^^AavaaiH'^ 
 
 ,is 
 
 ^WEUNIVER5■//^ 
 
 ^mmmEs^ 
 
 o 
 <ril30NVS01^ 
 
 %a3AINn3Wv 
 
 ^OFCALIFQ 
 
 ^<5Aavaan-iS 
 
 MEUNIVERS/A. ^lOSML... 
 
 -'/^ 
 
 ^;AtLIBRARY(?/r. ^tUBRARYOc 
 
 \V\EUNIVER:
 
 ADVERTISEMENTS. 
 
 TATIL-SOVr Al CO. 
 
 Kxcelsior IVTac lnin ery Work:s, 
 
 MANUFACTURERS OF AND DEALERS IN 
 EVERY DESCRIPTION OF 
 
 LAUNDRY MACHINERY, 
 
 No. 264 BINGHAM COURT, 
 
 PHIIvAOEI^PHIA, PA. 
 
 WASHING MACHINES, STARCHING IMACHINES, COLLAR 
 
 AND CUFF IRONERS, SHIRT IRONERS, STEAM 
 
 MANGLES, COMBINED COLLAR & CUFF 
 
 IRONERS, LAUNDRY STOVES, Etc. 
 
 SPECIAL ATTENTION GIVEN TO FITTING UP LAUNDRIES, 
 HOTELS AND PUBLIC INSTITUTIONS.
 
 3a 
 
 ADVERTISEMENTS. 
 
 DRS. STARKEY & PALEN'S 
 -IJVEIvL - TRIED XRHAXMENX- 
 
 ^or Consumption 
 Asthma . 
 Bronchitis 
 Dyspepsia 
 Catarrh . 
 Hay Fever 
 Headache 
 
 TRADE MARK- 
 
 REGISTERED. 
 
 1529 ArolT. Street, Philad'a, I^fa. 
 
 For Debility . . . 
 Rheumatism . 
 Neuralgia . . 
 All Chronic . 
 
 . . . and . . 
 Nervous . . . 
 
 . . Disorders 
 
 "The Compound Oxygen Treatment," Drs. Starkey & Pakn, No 1529 Arch Street, Philadel" 
 phia, have been using for the last nineteen years, is a scientific adjustment of the elements of Oxygen 
 ;iiid Nitrogen magnetized, and the compound is so condensed and made portable that it is sent all 
 over the world. 
 
 "COMPOUND OXYGEN" being taken into the system, the Brain, Spinal Maraow, and the 
 Nerve-Ganglia — " Nervous Centres " — are nourished and made more active. Thus the Fountain 
 Head of all activity, both mental and physical, is restored to a state of integrity, and the nervous 
 system, the organs, and the muscles all act more kindly and efficiently. 
 
 When " Compound Oxygen" is inhaled, the heart has imparted to it increased vitality. That 
 organ sends forth the blood with more force and less wear to itscU ; the vital currents leave on their 
 circuit new deposits of vital force in every cell of tissue over which they pass, and return again to 
 the lungs for a new supply. This is a rational explanation of the greatest advance medical science 
 has yet made. 
 
 Office Patients are under our personal inspection and care, visiting the office daily, or as fre- 
 Huently as their cases may require. The treatment is by inhalation. 
 
 Drs. Starkey & Palen have the liberty to refer to the following named well-known persons who 
 have tried their treatment : Hon. Wm. D. Kelley, Member of Congress, Phila. Rev. Victor L. 
 Conrad, Editor Lutheran Observer, Phila. Rev. Charles W. Cushing, D. D., Rochester, N. Y. 
 Hon. Wm. Penn Nixon, Editor Inter-Ocean, Chicago, 111. Rev. A. W. Moore, Editor The Cen- 
 tenary, Lancaster, S. C. W. H. Worthington, Editor New South, Birmingham, Ala. Judge H. P. 
 Vrooman, Quenemo, Kan. Mrs. Mary A. Livermore, Melrose, Massachusetts. Judge R. S. Voor- 
 hees, New York City. Mr. E. C. Knight, Phila. Hon. W. W. Schuyler, Easton, Pa. Mr. Frank 
 Siddall, Merchant, Philadelphia. Edward L. Wilson. 833 Broadway, N. V , Ed. Phila. Photogra- 
 pher. Fidelia M. Lyon, Waimea, Hawaii, Sandwich Islands. Alexander Ritchie, Inverness, Scot- 
 land. Mrs. Manuel V. Oitega, Fresnillo, Zacatecas, Mexico. Mrs. Emma Cooper, Utilla, Spanish 
 Honduras, Central Ameri':a. J. Cobb, U. S. Vice-Consul, Casablanca, Morocco. M. V. Ash- 
 brook, Red Bluff, Cal. Ernest Turner, Nottingham, England. Jacob Ward. Bowral, New South 
 Wales. And thousands of others in eveiy part of the world. 
 
 "COMPOUND OXYGEN— Its Mode of Action and Results," is the title of a new brochure 
 of two hundred pages, which gives to all inquirers full information as to this remarkable curative 
 agent, and a record ol several hundred surprising cures in a wide range of chronic cases — many of 
 them after being abandoned to die by other physicians. Will be mailed free to any address on appli- 
 cation. Read the brochure ! DRS. STARKEY & PALEN, 
 
 1529 ARCH STREET, PHILA.. PA. 
 
 
 1343 ARCH STREET, M Phila., Pa, 
 
 Copies, Print, Type^Writing; in /g^-*^ send 
 
 fact anything written or printed ^"^^^ "i^ ciuciit^AR 
 
 THOUSANDS OF COPIES FROM ONE ORIGINAL. 
 UNIVERSAL 
 
 J. R. PALEN, Treasurer. 
 
 Copies print, writing, type-writing, 
 wood-cuts, lithographs, crayon draw- 
 ings, printed or written music, etc' 
 
 The original is written with our copy- 
 ing ink or with our ribbon, and then, by 
 a simple and sure process, transferred 
 to a plate, from which any number of 
 copies can be taken. Print is transferred 
 to the plate without spoiling the orgi- 
 nal, and then copied like writing. 
 
 Thousands of copies can be made 
 from one original. The plate can be 
 cleaned with turpentine without injuring 
 the negative. As printer's ink is usea, 
 all impressions are alike clear and 
 legible, and can be of any color desired. 
 
 The negative can be kept for years, or 
 it can be removed in a minvite, and the 
 plate used over and over again. 
 
 COPYING MACHINE CO., 
 
 No. 1343 ARCH STREET, PHILA.
 
 ADVERTISEMENTS. 
 
 Oliver Braden & Co. 
 FINE BOOK AND JOB PRINTERS, 
 
 Lithographers, 
 
 WOOD & STEEL PLATE ENGRAVERS, 
 
 Stationers and 
 
 BLANK BOOK MANUFACTURERS, 
 
 FORREST BUILDING, 
 
 No. 119 South Fourth Street, 
 
 PHILADELPHIA 
 
 Having had eighteen years' experience in 
 
 THE business, WE FEEL COMPETENT TO 
 
 handle all classes of work entrust- 
 ed TO OUR care. 
 
 D. H. SHOWERS. Pres. I. W. COOLEY, Secy. H. A. MINER, Treas. OLIVER BRADEN, Supt. of Agts 
 
 Chartered 'Perpetu/ClI under the Laws of Pennsylvania. 
 
 HOME OFFICE: 
 
 N. E. Cor. FifthL & VS^alnut Sts. 
 
 Classification of Sisks. 
 
 BENEFITS. 
 
 )eath by Accident 
 
 jOss of Hand and Foot.. 
 
 " " Both Hands , 
 
 " " " Feet 
 
 " " One Hand 
 
 " " " Foot 
 
 " " Both Eyes 
 
 " " One Eye 
 
 'ernum'nt Total Disability 
 BVeeltly Indemnity. 
 V.nnnal Cost about 
 
 \a 
 
 B C 
 
 D \ E 
 
 S20O0 81000 
 
 F 
 
 iiO(X) 
 
 g\ n\ I 
 
 SlOOOSlOOois 500 
 
 J 
 
 K 
 
 8 250 I 
 
 SoOOO 
 
 $4000 mm 
 
 8 .500 $ 2.50 
 
 5()00: 4(100 3000 
 
 2000, ]000 
 
 1000 
 
 1000, 1000 
 
 ,5(Kt 
 
 500 2.50 
 
 2.50 
 
 5000 -1000 -.mo 
 
 2000 1000 
 
 1000 
 
 1000! 1000 
 
 ,500 
 
 ,500 2.50 
 
 2.50 1 
 
 5000 ! 4000 3000 
 
 2000 1 1000 
 
 1(H)0 
 
 1000 i 1000 
 
 .500 
 
 500 2.50 
 
 250 i 
 
 2.500 2000 1500 
 
 1000 .500 
 
 o(H) 
 
 .500: 500 
 
 2.50 
 
 2.50 125 
 
 125 1 
 
 2.500 2000 1.500 
 
 1000 500 
 
 ,500 
 
 500 500 
 
 2,50 
 
 2.50, 125 
 
 1-?5 
 
 2.500 2000 1500 
 
 1000 500 
 
 ,500 
 
 .500 500 
 
 2,50 
 
 2,50; 12;5 
 
 125 
 
 625; .500 375 
 
 2.50 125 
 
 125 
 
 125 125 
 
 a5 
 
 1)5! 35 
 
 35 
 
 12.50 1000 7.50 
 
 500 2.50 
 
 2.50 
 
 2.501 2.50 
 
 125 
 
 125 65: 65 i 
 
 25.00' 20.00 15 00 
 
 12.50 7 50 
 
 10.00 
 
 12.50 15.00 
 
 10.00 
 
 5.00 7.50 5.00 1 
 
 13.001 13.(X); 13.00 
 
 3.(X) 13.00 
 
 13.00 
 
 13.00; 13.00 
 
 13.00 
 
 13.00! 13.00' 13.00 1 
 
 81200 
 1200 
 1200 
 1200 
 600 
 600 
 600 
 1.50 
 300 
 12.50 
 .30.00 
 
 81.5( 
 1,5( 
 15( 
 1.5( 
 
 17.5 
 
 .■!().( 
 
 COSTS IN THIS ASSOCIATIOIM ABOUT 25 CHNTS PCR -WEKK. 
 
 Half-Rate Certificates cost half and give half the Benefits named in above Table,
 
 4a 
 
 ADVERTISEMENTS. 
 
 Z "— 1^ I.I I "-^ I ": I ?T 1 1 m II '•
 
 ^Attoni0yand Coiiii:j2lIorlC 
 
 ANNUAL. ^^ESl^^f^'^^^Sfefe. J 
 
 SHOVi/KRS' 
 
 Legal Directorv 
 MERCHANTS' GUIDE. 
 
 CoKTAiNiNG A Comprehensive Digest ok the Collection Laws of 
 
 ALL THE States, Territories and Canada, with Legal 
 
 Forms Adapted to each ; Instructions for 
 
 Taking Depositions, etc. 
 
 THE NAMES OF ONE OR MORE ATTORNEYS 
 
 IN NEARLY 6,000 ToWNS IN THE UNITED STATES AND CANADA, 
 HAVING A TRUSTWORTHY RESIDENT ATTORNEY. 
 
 ALSO A LIST OF BANKS AND BANKERS, 
 
 WITH NAME OF BANK, CASHIER AND PAID-UP CAPITAL. 
 TOiiKTIlKR AVITIl VAItlOlS OTHER MATTER OF A'ALUE TO 
 
 BANKERS, ATTORNEYS AND BUSINESS MEN 
 
 1888. 
 
 D. H. SHOWERS, 
 
 EDITOR AND COxMPILER. 
 
 PHILADELmiA : 
 
 j^atioTtal liato antr (fTollection ^isgoriation, 
 
 ]K. K. Cor. 5tli and 'Walnut Streets.
 
 ADVERTISEMENTS. 
 
 JOHN HEINS, 
 
 Public Accou ntant *i Auditor, 
 
 BULLITT BUILDING, 
 
 T41 South Fourth Street, 
 
 -p' (FIFXH FI^OOR.i 
 
 ^^^^^"^ PHILADELPHIA. 
 
 ANALYZE FINANCIAL REPORTS, 
 
 EXAMINES ERRONEOUS ACCOUNTS, 
 ADJUSTS DISPUTED ACCOUNTS, 
 DESIGNS FORMS FOR BOOKS, 
 
 OPENS CORPORATION BOOKS. 
 
 AUDITS ACCOUNTS 
 
 KOlt 
 
 CORPORATIONS, FIRMS AND 
 INDIVIDUALS.
 
 A DVERTISEMENTS. 
 
 OVER TWENTY - EIGHT YEARS EXF1GEIENCE. 
 
 JOHN W. FRANCIS, 
 
 Public Accountant ^ Auditor, 
 
 No. 1020 Arch Street, " 
 
 PHILADELPHIA. 
 
 n(KjKS OPENED Cur Corpoiiitious, Finns and Individuals. S'l'A I'E- 
 MENTS \)ve^9.re(\ for Directors and Stockholders. Secretaries and r.ixik- 
 keepers instructed and superintended. Periodical or .special exantinnfions 
 made, errors detected and business analyzed. NEW FORMS for hooks 
 designed for special cases. THOROUGH and EXHAUSTIVE STATK- 
 MENl'S prepared for Executors, Assignees, Attorneys and others. 
 
 C'orresi)ondeuce solicited with tho.se desiring to adopt new and iniproVdl 
 methods of keeping their accounts, also with such as are ilissatished with 
 the present condition of tlieir books. 
 
 Testimonials of the highest ciiaracter, fnnn all departments oi" businc ^s, 
 furnished on application. 
 
 77ie Hon. Win. N. Ashiiiaii, one of the Judges of the Orpliaius 
 Court, says : 
 
 * -;:- ■:;■ " I would nut iiesitate to accept as rtnal. the oi)iniou of ^Ir. 
 Francis as an expert, on any ((uestion of ac<'ounting."" 
 
 R. 0. Moon, Attorne}- and Counseloi'-at-Law, says : 
 
 * * * ''The high personal character of ]\[r. Francis, his accuracy, 
 skill, good judgment and intinuite ac<iuaintance with business forms, make 
 his .services of especial value to all who need the services of an accountant." 
 
 792091
 
 »)a 
 
 ADVERTISEMENTS. 
 
 Short-hand saves money because it saves time, 
 which cannot be bought at any price. 
 
 TBI^EPHOBJE 1247. 
 
 ■^ ' 3 
 
 # STENOGRAPHER, ^ 
 No. 520 Walnut Street, 
 
 PHILADELPHIA. 
 
 Commissioner of the Courts of Common Pleas to take Depositions. 
 Under the Act of Assembly, approved March 26, 1873. 
 
 REFERENCES. 
 
 Hon. D. Newlin Fell, 
 
 James Otterson, 
 
 Hon. W. Nelson West, 
 
 William F. Johnson, 
 
 Daniel Dougherty, 
 
 Harry G. Clay, 
 
 William Littleton, 
 
 Gen. B. Franklin Fisher, 
 
 (,;harles Hart, 
 
 Hon. Fiirman Sheppard, 
 
 Hon. Charles Gilpin, 
 
 John Samuel, 
 
 Earle & White, 
 
 Alfred Moore, 
 
 Ed. H. Weil, 
 Henry Hazel hurst, 
 • Geo. M. Conarroe, 
 Wm. Ernst, 
 
 Hon. Kobert P. Decherf, 
 Hon. Isaac Hazelhurst, 
 Joseph B. Townsend, 
 MacGregor J. Mitcheson, 
 J. Fletcher Budd, 
 Henry M. Dechert, 
 Samuel G. Thompson, 
 Anthony A. Hirst, 
 Joseph Leedom, 
 F. F. Brightly. 
 
 A limited number of office students in short-hand and type-writing will 
 be taken ; also students by mail.
 
 ADVERTISEMENTS. 
 
 De Witt C. Williams, 
 
 Photograph Copyist, 
 
 AND 
 
 Printer for Aniateur Photographers, 
 No. 914 ARCH SiTRKKT, 
 
 PHILADELPHIA, PA. 
 
 MULLINS' PAPER WEIGHTS, 
 
 Composed of METAL, covered with PLUSH, LEATHER. Etc. for 
 
 Office, Counting-House, Library & Draughtsman. 
 
 Tlie j;reat weight ill proportion to bulk, 
 Icaiiliiiess and ease of liandling, make 
 hem tlie most desirable Paper Weii^li/s 
 that have ever been otlered to the piiblu-. 
 
 Can have Name. Business Address, &c. 
 stamped on in Gold. 
 
 No. I and No. i A, are especially adap- 
 ted to Draughtsmen. They do away lo 
 
 a great extent with the use of Thum Tacks. 
 
 .PATENTED MARCH 16, 1889. Are sufficiently heavy to keep the paper or 
 
 cloth in place, and uciiig composeil of Lead the drawing mstruments are not injured 
 by being struck against it. 
 
 No. 
 
 
 Covered with 
 
 Length 
 
 WhUh 
 
 Thi'kness 
 
 Weight 
 
 Per doz. 
 
 1A 
 
 Lead, 
 
 Ijeatlier, 
 
 of ill. 
 
 2Hn. 
 
 U in. 
 
 U lbs. 
 
 $15.0(( 
 
 'JA 
 
 Iron, 
 
 " 
 
 8f - 
 
 O .'i. 1 1 
 
 u ^• 
 
 2i - 
 
 9.00 
 
 4A 
 
 
 
 2i " 
 
 2 " 
 
 U " 
 
 U " 
 
 7.20 
 
 oA 
 
 ti 
 
 ii. 
 
 2i " 
 
 If " 
 
 H " 
 
 1 " 
 
 6.00 
 
 
 
 Pin 
 Cusliior 
 
 Plush and 
 I. LejiMior. 
 
 2i '' 
 
 H " 
 
 H " 
 
 1 " 
 
 12.00 
 
 Any .style furnished to order in qualities, at special prices, 
 Mullins' Blue Black Writing Fluid. 
 
 jMnilins' Chemical Writing Fluid, superior to any ink in the niurkcl. 
 Send for Price list. 
 
 KBNTON p. K. IMULLINS, 
 
 Stationer, Printer, Manufacturer and Patentee, 
 
 825 Arch Street, Philadelphia, Penn'a.
 
 ADVERTISEMENTS. 
 
 The Art Illustrative.^ 
 
 WOOD ENGRAVING is acknowledged by all to occupy 
 the foremost place in the Illustrative and Decorative 
 Ai'ts; giving the greatest satisfaction in every respect, 
 at a cost that may seem a tritle higher than that of other 
 methods, but far lower considering the increased effect and 
 beauty of the work. 
 
 
 
 mmn^' 
 
 
 ^!^^^ 
 
 :• 
 
 
 ^'/.- • A \^ *■ ^^^ "^ 
 
 ^ / • . *• • 
 
 Portraits, Pictorial Work, Book Illustrations, Decora- 
 tive Work, Views of Buildings, and Manufactories, Bird's- 
 eye Views, Street Scenes, every descrijotion of Machinery, 
 Catalogue Illustrations — in fact everything of which it is 
 possible to make a picture, engraved in the best manner, at 
 the lowest price, consistent with quality. 
 
 Correspondence on the subject solicited. In sending 
 for advice or estimates, enclose drawing or photograph of 
 subject. Personal atteution i)aid to all work. Orders by mail 
 promptly and satisfactorily attended to. 
 
 J. P. BRASELMANN. 
 
 ROOM 23. 
 
 524 Walnut Street, Phila,
 
 PREFACE. 
 
 WE PRESENT this the second annual volume of the Directory 
 and Guide in confidence to the public that it will prove a 
 convenient and reliable hand-book to Bankers, Attorneys, 
 Merchants and others, for the transaction of all legal or other busi- 
 ness in any of the States and Territories, Canada, or Continental 
 Europe. 
 
 The arrangement of the contents will be found the most suitable 
 and convenient possible. 
 
 We give under each state, etc., separately, every item pertaining 
 thereto. The Digest of Laivs comprising upwards of eighty subjects, 
 revised to November, 1887, by able attorneys of the diti'erent states, 
 etc. Instructions for taking depositions, legal forms, the names of one 
 or more attorneys and banks or bankers and name of cashier, with 
 amount of paid-up capital, in every county that has a trustworthy 
 attorney or such bank, and the latest revised population of every 
 town named. Also numerous ready reference tables, etc., etc., making 
 it a convenient and reliable reference book. 
 
 In its preparation every care has been used to make it thor- 
 oughly trustworthy and reliable. 
 
 The attorneys whose names appear herein have been selected by 
 correspondence and many years' experience in the collection business, 
 and- we cheertlilly recommend them to the business public. 
 
 While we do not assume any responsibility for the acts of others, 
 we will deem it a favor if any attorney herein named proves himself 
 untrustworthy, to have it reported. It is our untiring aim to present 
 the names of none not thoroughly reliable. 
 
 We tender our hearty thanks to all attorneys, bankers and others, 
 wlio extended us favors in the preparation of this volume. 
 
 D. H. S.
 
 Entered according to Act of Congress, in the year one thousand 
 
 eight Imndred and eighty-seven, 
 
 BV D. H. MHOWER8, 
 
 in the oflice of the Librarian of Congress at Washington, D. C.
 
 CALENDAR. 
 
 2S ►^ 
 
 1 ' VI 
 
 
 
 1 
 
 IS 
 
 s 
 
 7 
 
 oo 
 oo 
 oo 
 
 
 ■a 
 1 
 
 4 
 
 1 
 
 ~5 
 
 c4 1 
 
 % 
 
 6 
 
 ~7 
 
 Jan. 1 
 
 S 3 
 
 4 
 
 5 
 
 July 
 
 1 2 
 
 3 
 
 8 
 
 9 in 
 
 11 
 
 12 
 
 13 
 
 14 
 
 8 9 10 
 
 11 12 
 
 13 
 
 14 
 
 
 IR 
 
 16 17 
 
 18 
 
 19 
 
 20 
 
 21 
 
 15 
 
 16 17 
 
 18 19 
 
 20' 
 
 21 
 
 
 J^a 
 
 513, fi4 
 
 25 
 
 26 
 
 27 
 
 28 
 
 22 
 
 23 24 
 
 25 2b 
 
 27 
 
 28 
 
 
 ^9 
 
 30 '31 
 
 
 
 
 ••> ; 
 
 29 
 
 30 31 
 
 
 
 ... 
 
 
 Feb. , ■ 
 
 
 1 
 
 2 
 
 3 
 
 4| Aug. 
 
 
 
 1 
 
 2 
 
 3I 
 
 4 
 
 
 fi 
 
 fi 7 
 
 8 
 
 9 
 
 10 
 
 Ill 
 
 5 
 
 6 7 
 
 8 
 
 9 
 
 10 
 
 11 
 
 
 15! 
 
 13:14 
 
 15 
 
 16 
 
 17 
 
 18 
 
 12 
 
 13 14 
 
 15 16 
 
 17 
 
 18 
 
 
 19 
 
 20 21 
 
 22 
 
 23 
 
 24 
 
 25 
 
 19 
 
 20 21 
 
 22 23 
 
 24 
 
 2b 
 
 
 ?.?, 
 
 27 28 
 
 29 
 
 
 
 ... 1 
 
 26 
 
 27 28 
 
 29 30 
 
 31 
 
 
 » ■ 
 
 
 
 1 
 8 
 
 2 
 9 
 
 3 Sep. 
 10 
 
 
 1 
 
 
 
 1 
 
 
 4 
 
 . . . 1 . . . 
 fi 6 
 
 7 
 
 2 
 
 3 4 
 
 5 6 
 
 7 
 
 8 
 
 
 n 
 
 1213 
 
 14 
 
 15 
 
 16 
 
 17 |i 
 
 9 
 
 10 11 
 
 12 13 
 
 14 
 
 ib 
 
 
 18 
 
 1920 
 
 21 
 
 22 
 
 23 
 
 24 
 
 
 16 
 
 17 18 
 
 19 20 
 
 21 
 
 22 
 
 
 «!i 
 
 26 27 
 
 28 
 
 29 
 
 30 
 
 31 
 
 
 23 
 
 24:25 
 
 26 27 
 
 28 
 
 29 
 
 
 
 
 
 
 
 
 
 
 30 
 
 
 
 
 
 
 Apr. 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
 7 Oct. 
 
 
 1 
 
 2 
 
 3 4 
 
 5 
 
 6 
 
 i 8 
 
 9 
 
 10 
 
 11 
 
 12 
 
 13 
 
 14 
 
 7| 8 
 
 9 
 
 10 11 
 
 12 
 
 13 
 
 
 IR 
 
 16 
 
 17 
 
 18 
 
 19 
 
 20 
 
 21 
 
 14 15 16 
 
 17 18 
 
 19 
 
 20 
 
 
 n 
 
 23i24 
 
 25 
 
 26 
 
 27 
 
 28 
 
 21 22 23 
 
 24 25 
 
 26 
 
 27 
 
 
 on 
 
 sn, 
 
 
 
 
 
 28 29,30 
 
 31 
 
 
 
 
 May •.. 
 
 ... 1 
 
 2 
 
 3 
 
 4 
 
 5 : Nov. 
 
 
 
 1 
 
 2 
 
 3 
 
 6 
 
 7 8 
 
 9 
 
 10 
 
 11 
 
 12 
 
 4 5 
 
 6 
 
 7 
 
 8 
 
 9 
 
 10 
 
 
 13 
 
 14 15 
 
 16 
 
 17 
 
 18 
 
 19 
 
 11 12 
 
 13 
 
 1415 
 
 16 
 
 17 
 
 
 ^n 
 
 21 22 
 
 23 
 
 24 
 
 25 
 
 26 
 
 18 19 
 
 20 
 
 21 22 
 
 23 
 
 24 
 
 
 27 
 
 28 29 
 
 30 
 
 31 
 
 
 
 25 26 
 
 27 
 
 28 29 
 
 30 
 
 
 
 
 
 
 1 
 8 
 
 2 Dec. 
 
 9 
 
 
 
 
 
 1 
 
 3 
 
 4 fi 
 
 6 
 
 7 
 
 2 3 
 
 4 
 
 5 6 
 
 7 
 
 8 
 
 10 
 
 11 12 
 
 13 
 
 14 
 
 15 16 
 
 9 10 
 
 11 
 
 12 13 
 
 14 
 
 ib 
 
 17 
 
 18 19 
 
 20 21 
 
 22 23 
 
 16 17 
 
 18 
 
 19 20 
 
 21 
 
 22 
 
 124 
 
 25:26 
 
 27 28 
 
 29 30 
 
 23 24 
 
 25 
 
 26 27 
 
 28 
 
 29 
 
 \---\-\-\-\-\ 
 
 30 31 
 
 __ 
 
 
 — 
 
 r^^
 
 '9a 
 
 ADVERTISEMENTS. 
 
 # THE STAR # 
 
 SAFE, PRACTICAL AND FAST. 
 
 NO HEADERS OR DANGEROUS FALLS. ALWAYS FIRST ON THE 
 ROAD AND UP THE HILL. 
 
 The STAR is the only bicycle that combines in the highest degree the 
 qualities of safety, speed, and hill-climbing. 
 
 THE "SPECIAL" STAR. 
 
 STRONG & GREEN, 
 
 No. 54 North Fifth Street, Philadelphia. 
 
 Also a complete assortment of 
 
 Children's Bicycles, Tricycles and Velocipedes. 
 
 SEND FOR CATALOGUE. REPAIRING A SPECIALTY.
 
 10 
 
 CONTENTS AND GENERAL INDEX. 
 
 STATES AND TERRITORIES. 
 
 Alabama 
 
 Arizona Territory . . 
 
 Arkansas 
 
 Ualilbrnia 
 
 ( 'olorado 
 
 Connecticut .... 
 Dakota Territory . . 
 
 Delaware 
 
 District of Columbia 
 
 Florida 
 
 Georgia 
 
 Idaho Territory . . . 
 
 Illinois 
 
 Indian Territory . . . 
 
 Indiana 
 
 Iowa 
 
 Kansas 
 
 Kentucky 
 
 Louisiana 
 
 Maine 
 
 Maryland 
 
 Massachusetts .... 
 
 Michigan 
 
 Minnesota 
 
 Mississippi 
 
 Missouri 
 
 Montana Territory . . 
 
 Nebraska 
 
 Nevada Territoi'y . . 
 New Hampshire . . . 
 
 New .lersey 
 
 New Mexico .... 
 
 New York 
 
 Nortli Carolina . . . 
 
 Ohio 
 
 Oregon 
 
 Pennsylvania , . . . 
 Rhode Island . . . . 
 South Carolina . . . 
 
 Teinies.see 
 
 Texas 
 
 Utah Territory . . . 
 
 Vermont 
 
 Virginia 
 
 Washington Territory 
 West Virginia .... 
 
 Wisconsin 
 
 Wyoming Territory , 
 
 LAWS 
 
 AND 
 
 FORMS. 
 
 ATTOR- 
 NEYS AND 
 POPULA- 
 TION, 
 
 BANKS 
 AND 
 
 BANK- 
 ERS, 
 
 PAGE. 
 
 PAGE. 
 
 PAOE. 
 
 17 
 
 37 
 
 39 
 
 40 
 
 51 
 
 51 
 
 53 
 
 69 
 
 72 
 
 73 
 
 84 
 
 87 
 
 88 
 
 108 
 
 110 
 
 111 
 
 133 
 
 125 
 
 13G 
 
 139 
 
 142 
 
 143 
 
 154 
 
 154 
 
 155 
 
 lt)5 
 
 165 
 
 166 
 
 179 
 
 180 
 
 181 
 
 206 
 
 209 
 
 210 
 
 217 
 
 217 
 
 318 
 
 235 
 
 340 
 
 243 
 
 
 
 245 
 
 357 
 
 260 
 
 362 
 
 385 
 
 389 
 
 291 
 
 313 
 
 316 
 
 318 
 
 339 
 
 343 
 
 344 
 
 356 
 
 357 
 
 358 
 
 373 
 
 375 
 
 376 
 
 390 
 
 391 
 
 393 
 
 413 
 
 416 
 
 417 
 
 436 
 
 439 
 
 441 
 
 460 
 
 468 
 
 470 
 
 488 
 
 490 
 
 491 
 
 503 
 
 507 
 
 509 
 
 515 
 
 515 
 
 51G 
 
 535 
 
 537 
 
 539 
 
 551 
 
 551 
 
 553 
 
 564 
 
 565 
 
 566 
 
 573 
 
 575 
 
 577 
 
 585 
 
 5HC. 
 
 587 
 
 601 
 
 606 
 
 608 
 
 621 
 
 633 
 
 634 
 
 637 
 
 641 
 
 643 
 
 663 
 
 664 
 
 665 
 
 681 
 
 688 
 
 693 
 
 708 
 
 709 
 
 710 
 
 721 
 
 733 
 
 734 
 
 734 
 
 737 
 
 738 
 
 768 
 
 772 
 
 774 
 
 790 
 
 791 
 
 793 
 
 803 
 
 803 
 
 804 
 
 815 
 
 818 
 
 819 
 
 833 
 
 833 
 
 834 
 
 844 
 
 846 
 
 847 
 
 860 
 
 863 
 
 864 
 
 873 
 
 873
 
 loa 
 
 CONTENTS AND GENERAL INDEX. 
 
 Dominion of Canada. . 
 British Columbia . . . 
 
 Manitoba 
 
 New Brunswick . . . 
 New Foundland . . . 
 
 Nova Scotia 
 
 North "VW-st Territory . 
 
 Ontario 
 
 Prince Edward's Island 
 Quebec 
 
 LAWS. 
 
 ATTOR- 
 
 np:y8. 
 
 PAGE. 
 
 873 
 
 PAGE. 
 
 887 
 
 887 
 887 
 
 872 
 
 880 
 
 888 
 890 
 890 
 
 Advertisements, Cards, etc., Front and Appendix to back cover . I-XXXII 
 
 Banks and Bankers 39-872 
 
 Bills of Exchange, Damages and Grace on 15 
 
 Calendar for 1888 9 
 
 Collections, The Terms for 12a 
 
 Congress, Members and Terms of Fiftieth 13a-14 
 
 Foreign Attorneys 892 
 
 Grace on Sight Drafts, The Laws of 15 
 
 Government, The United States . . . .' 13 
 
 Index to Professional Cards 11, lla-12 
 
 Interest, The Laws of 14a 
 
 Notaries Public (see * in lists of attorneys) 39-890 
 
 Population, see lists of attorneys 39-890 
 
 Professional Cards. Appendix I-XXXII 
 
 Sight Drafts, Grace on and Laws of 15
 
 11 
 
 INDEX TO CARDS AND ADVERTISEMENTS. 
 
 STATE. 
 
 TOWN. 
 
 ALA. 
 
 BIRMINGHAM. 
 
 
 MOBILE. 
 
 
 MONTGOMERY. 
 
 ARIZONA. 
 
 PRESCOTT. 
 
 AEK. 
 
 LITTLE ROCK. 
 
 CAL. 
 
 SAN FRANCISCO. 
 
 COL. 
 
 DENVER. 
 
 CONN. 
 
 HARTFORD. 
 
 
 NEW HAVEN. 
 
 DAK. 
 
 BISMARK. 
 
 
 FORMAN. 
 
 DEL. 
 
 WILMINGTON. 
 
 D. C. 
 
 WASHINGTON. 
 
 FLA. 
 
 ORLANDO. 
 
 GA. 
 
 MACON. 
 
 ILL. 
 
 CHICAGO. 
 
 NAINIE. 
 
 PAGE. 
 
 PEORIA. 
 
 ROCKFORD. 
 
 EVANSVILLE. 
 
 LA FAYETTE. 
 
 DES MOINES. 
 
 SIOUX CITY. 
 
 TOPEKA. 
 
 LOUISVILLE. 
 
 NEW ORLEANS. 
 
 PORTLAND. 
 
 BALTIMORE. 
 
 BOSTON. 
 
 DETROIT. 
 ST. PAUL. 
 VICKSBURG. 
 KANSAS CITY. 
 ST. LOUIS. 
 
 COLUMBUS. 
 LINCOLN. 
 
 VIRGINIA CITY. 
 CONCORD. 
 FREEHOLD. 
 TRENTON. 
 SANTA FE. 
 
 BROOKLYN. 
 
 John Vary i 
 
 Hon. James Cobbs i 
 
 H. C. Bullock xxviii 
 
 E. M. Sanford ii 
 
 T. J. Olipliant i 
 
 F. A. Berlin ii 
 
 Wm. ir. II. Hart i 
 
 Wicklifie Matthews ii 
 
 Uttord, Reddin & Van Buren . . . . iii 
 
 Stephen Terry iv 
 
 Wm. A. Wrij;ht iv 
 
 F. V. Barnes iv 
 
 Hon. Jas. II. Vail iv 
 
 H. II. Ward . . . v 
 
 A. K. Browne v 
 
 Charles Bundy v 
 
 John C. Starkweather v 
 
 Chanej'^ & Odlin vi 
 
 James L. Anderson vi 
 
 Frank J. Crawford vi 
 
 Fry & Babb vi 
 
 Philip A. Iloyne vii 
 
 Simeon W. King viii 
 
 Robert L. Lyons viii 
 
 F. C. Russell viii 
 
 Cratty Bros., Fuller & Gallup . . xxviii 
 
 George M. Blake xv 
 
 Hon. C. L. Wedding ix 
 
 George B. Chamberlain xxix 
 
 Runnells & Walker xxx 
 
 J. S. Lothrop ix 
 
 Welch & Welch ix 
 
 Horatio S. Bright x 
 
 Merrick & Merrick x 
 
 Strout, Gage & Strout x 
 
 Harris J. Chilton xxx 
 
 Baker Johnson xxxi 
 
 Wm. G. Waitt xi 
 
 Charles II. Adams xi 
 
 Bowen, Douglass & Whiting . . . . xi 
 
 Frank E. Chipman xii 
 
 Shelton & Crutcher xii 
 
 Hem-y H. Craig xii 
 
 C. B. Allen xii 
 
 Paul F. Coste xiii 
 
 John Maefarland xiii 
 
 Stephen L. Geisthardt ..... . xiii 
 
 Hamilton & Trevitt xiii 
 
 J. W. Whiteher xiv 
 
 George M. Fletcher xiv 
 
 Frank P. McDermott xiv 
 
 S. B. Hutchinson xv 
 
 W. B. Sloan xiv 
 
 Wm. Breeden xvii 
 
 John A. Clary xv
 
 11a 
 
 INDEX TO CARDS AND ADVERTISEMENTS. 
 
 STATE. 
 
 N. Y. 
 
 N. C. 
 OHIO. 
 
 OREGON. 
 PA. 
 
 W. T. 
 
 TOWN. 
 
 NEW YORK. 
 
 SYRACUSE. 
 UTICA. 
 RALEIGH. 
 CINCINNATI. 
 
 TROY. 
 
 PORTLAND. 
 
 CHESTER. 
 
 ERIE. 
 
 MEADVILLE. 
 
 PHILADELPHIA. 
 
 SCRANTON. 
 WILKES BARRE. 
 
 R.I. 
 
 PROVIDENCE. 
 
 S. c. 
 
 CHARLESTON. 
 
 
 EDGEFIELD. 
 
 TENN. 
 
 CHATTANOOGA. 
 
 TEX. 
 
 SAN ANTONIO. 
 
 UTAH. 
 
 SALT LAKE CITY 
 
 VA. 
 
 RICHMOND. 
 
 NAME. 
 
 PAGE. 
 
 WALLA WALLA. 
 
 Halbert & Millard xvi 
 
 Theo. R. Shear xvi 
 
 Smith, Kellogg & Wells xxii 
 
 Henry A. Doolittle xvi 
 
 Jno. W. Hinsdale xv 
 
 C. H. Blackburn xvii 
 
 Orris P. Cobb xvii 
 
 J. A. Davy xvii 
 
 Stewart B. Linthicuni xviii 
 
 Orlando Harvey xviii 
 
 Allen & Rosenzweig xviii 
 
 Pearson Church xxix 
 
 Harry C. Flood xviii 
 
 J. P. Braselman la 
 
 Samuel H. Bruntzinghofter .... xxx 
 
 Lawrence E. Brown 2 
 
 Buzby, Shallcross & Pyle xix 
 
 Francis E. Bucher xix 
 
 Richard Caddbury xxxii 
 
 Edward H. Cloud xx 
 
 J. Walter Douglass xix 
 
 Jno. W. Francis 6 
 
 John Heiiis 5a 
 
 A. C. Hotfmeister . opp. inside b'k cover 
 
 Howson & Howson xxx 
 
 John F. Keator xxi 
 
 Theo. Leonhardt & Son 4a 
 
 Cyrus R. Morgan 6a 
 
 F. P. F. Mullins 7 
 
 Nat. Bank of tjie Republic 2 
 
 Penn Mutual Life Insurance Com- 
 pany Inside back cover 
 
 W. L. Showers xxi 
 
 Geo. L. Schofield . opp. inside b'k cover 
 
 Frank R. Shattuck xix 
 
 Starkey & Palen 3a 
 
 W. A. Stephens xxviii 
 
 Strong & Green 9a 
 
 Jno. Bethell Uhle xxii 
 
 DeWitt C. Williams 7 
 
 Wilson & Co 3 
 
 Chas. L. Hawley xxii 
 
 Joseph Moore xxii 
 
 D. L. O'Neill xxiii 
 
 T. C. Umsted xxiii 
 
 Harrison A. McKenney xxiv 
 
 Smythe & Lee xxiv 
 
 J. B. Lanier x 
 
 Creed F. Bates xxiv 
 
 Chas. H. Mayfield xxiv 
 
 Theodore Burmester xxv 
 
 A. B. Guigon xxv 
 
 Sands & Bryan xxv 
 
 Edgar Lemman , . . xxvii
 
 12 
 
 INDEX TO CARDS AND ADVERTISEMENTS. 
 
 STATE, 
 
 W. VA. 
 WIS. 
 WY. T. 
 
 TOWN. 
 
 FARMINGTON. 
 GRAFTON. 
 BEAVER DAM. 
 MILWAUKEE. 
 LARAMIE CITY. 
 
 NAME. 
 
 i'AGE. 
 
 W. W. Campbell xxv 
 
 M. H. Dent xxvi 
 
 W. B. Keeley xxvi 
 
 A. G. Weissert xxvi 
 
 Brown, Blake & Arnold xxvii
 
 12a TERMS FOR COLLECTION. 
 
 TERMS FOR COLLECTION. 
 
 1. On collections made by a Single Demand or notice, 3 per cent, 
 will be charged. 
 
 2. When repeated demands are necessary, the following charges 
 will be made on claims of $500 or under : 
 
 Claims under one year old, 10 per cent. 
 
 On claims older, 15 " " 
 
 Claims collected by installments, 15 " " 
 
 On claims over $500 as follows : 
 
 On the first $500, under one year old, 10 per cent. 
 
 On excess to $1,000 " " " 5 
 
 On " $5,000 or more, 2^ 
 
 On the first $500, over one year old, 15 per cent. 
 
 On excess to $1,000 " '< 7i 
 
 On " $5,000 " " 5 per cent 
 
 3. Minimum Fee, $3.00 in any case unless claims are under $6.00, 
 when the charge is 50 per cent. 
 
 4. When claims are entered bearing no date, or limited by 
 statute, the charges will be according to trouble. 
 
 5. Debts reported uncollectible will be subject to no charge 
 beyond a nominal office fee to cover correspondence, etc. 
 
 6. These terms apply upon all claims entered for collection, 
 whether paid at this office, paid direct to creditor, or when instruc- 
 tions are received to take no further action. 
 
 7. In exceptional cases not covered by above terms special 
 arrangements will be made. 
 
 8. Whenever a claim is ordered to be sued, the client or member 
 giving such order must provide the necessary funds for costs. The 
 Association will assume no liability. 
 
 9. All collections subject to above rates, except in localities or 
 Foreign countries where the rates are fixed by Bar Associations or law, 
 in which case they govern.
 
 tTNITEi) STAfES GOVERNMENT. 
 
 13 
 
 UNITED STATES GOVERNMENT. 
 
 Executive Department. 
 
 President— Grover Cleveland, of New York. 
 
 Salary, 8.50,000. 
 \'ic-e-Pkesident— [Vacant.] Salary, SIO.OOO. 
 SECKETARY OF STATE— Thonias F. Bayard, of 
 
 Dolaware. Salary, «8000. 
 SECRETARY OF THE TREASURY— Chas. F. Fair- 
 child, of New Yorl<:. Salary, $8000. 
 SECRETARY OF War— William (.;. Endicott, of 
 
 .Massachusetts. Salary, S8000. 
 SECRETARY OF THE Navy— William C. Whitney, 
 
 of New York. Salary, SSOOO. 
 I'ostmaster-Gexerai.- Don M. Dickinson, of 
 
 .Michigan. Salary, S*>00(J. 
 ."■Secretary of the Interior— William F. Vilas, 
 
 of Wisconsin. Salary, SiSmX). 
 Attorxey-General— Augustus H. Garland, of 
 
 Arkansas. Salary, akSOno. 
 
 COJIMIS.SIONER OF THE GENERAL LAND OFFICE 
 
 — \V. A. .1. Sparks, of Illinois. Salary, $4000. 
 
 Co.MMis-SiONER OF PATENTS— Benton J. Hall, of 
 Iowa. Salary, 34o00. 
 
 Commissioner of Pensions— J. C. Black, of Illi- 
 nois. Salary, s-JOUO. 
 
 Commissioner OF Agriculture— N. J. Colman, 
 of .Missouri. Salary, ?4500. 
 
 Comptroller of the Currency— VVm. L. Tren- 
 holm. Salary, SoOOO. 
 
 Commissioner of Indian Affairs— J. D. C. 
 Atkins, of Tennessee. Salary, SJOOO. 
 
 Treasurer of the United states — James W. 
 Hyatt, of Connecticut. Salary, SliOlHi. 
 
 Commissioner of Internal Revenue— .loseph 
 S. Miller, of West Virginia. Salary, SHOOO. 
 
 Register of the Tre.^sury — W. S. Rosecrans, 
 of California. Salary, $4000. 
 
 .Solicitor-General — Geo. A. Jenks, of Pennsyl- 
 vania. Salary, S7000. 
 
 CO.M.MissiONER OF CUSTOM.S— Joh n S. McCalmoiit, 
 of Pennsylvania. Salary, $4000. 
 
 The Judiciary. 
 
 United Slates Supreme Court. 
 
 Chief Justice, Morrison R. Waits, of Ohio. 
 Appointed 1874. Salary, 810,500. 
 
 There are eight Associate Justices, who each 
 receive $10,000 a j'ear salary. Their names with 
 date of Appointment, follow : Samuel F. JMiller, 
 Iowa, (1862); Stephen J. Field, California, (1868); 
 Joseph P. Bradley, New Jersey, (1870); John M. 
 Harlan, Kentucky, (1877) ; Sianlev Matthews, 
 Ohio, (1881); Horace Gray, Ma.ssachusetts, (1881); 
 Samuel Blatchtord, New York, (1882i; Lucius Q. 
 C. Lamar, Mississippi, ^887). Clerk, James H. 
 McKenuey. 
 
 United States Circuit Court. 
 
 First .Tudicial Ct;'C!a7— Mr. Justice Gray, of Boston. 
 
 Districts of Maine, New Hampshire, Massachu- 
 setts, and Rhode Island. 
 
 Circuit Judge, LeBaron B. Colt, Rhode Island. 
 Second. Tudicial Circuit— Mr . Justice Blatchford, of 
 
 New York. Districts of Vermont, Connecticut, 
 
 and New York. 
 
 Circuit Judge, Wm. J. Wallace, New York. 
 Third Judicial Circuit — Mr. Justice Bradley, of 
 
 Newark. Districts of New Jersey, Pennsylvania, 
 
 and Delaware. 
 
 Circuit Judge, William McKennan, Washing- 
 ton, Pa. 
 Fourth Judicial Circuit — Mr. Chief Justice Waite. 
 
 Districts in Maryland, West Virginia, Virginia, 
 
 North Carolina, and South Carolina. 
 
 Circuit Judge, Hugh L. Bond, Baltimore. 
 Fifth Judir-iat Circuit— L. Q. C. Lamar, of Missif^- 
 
 sippl. Districts of Georgia, Florida, Alabama. 
 
 Mississippi, Ijouisiana and Texas, 
 
 Circuit Judge, Don A. Pardee, New Orleans, La. 
 Sixth Judicial Circuit— ytr. Justice Matthews, of 
 
 Cincinnati. Districts of Ohio, Michigan, Ken- 
 tucky, and Tennessee. 
 
 Circuit Judge, Howell E. Jackson, Nashville. 
 
 Tenn. 
 Seventh Judicial Circuit — Mr. Justice Harlan, of 
 
 Louisville, Ky. Districts of Indiana, Illinois, 
 
 and Wisconsin. 
 
 Circuit Judge, Walter Q. Gresham, Chicago, 111. 
 Fifihlh .Judicial Circuit — Mr. Justice Miller, of 
 
 Keokuk, Iowa. Districts of Minnesota, Iowa, 
 
 Missouri, Kansas, Arkansas, and Nebraska. 
 
 Circuit Judge, David J. Brewer, Kansas. 
 yinth .fudicial Circuit — Mr. Justice Field, of Sail 
 
 Francisco, Cal. Districts of California, Oregon, 
 
 and Nevada. 
 
 Circuit Judge, Lorenzo Sawyer, San Francisco, 
 
 Cal. 
 
 United States Court of Claims. 
 
 Chief Justice, William A. Richardson, Massachu- 
 setts. 
 Judge, Charles C. Nott, New York. 
 
 " John Davis, Massachusetts. 
 
 " Glenni W. .Schotield. Pennsylvania. 
 
 " Lawrence Weldon, Illinois. 
 Chief Clerk, Archibald Hopkins. 
 Assi.Hant Clerk, John Randolph. 
 
 The United States Army. 
 
 LiriUenant-General—PhWip H. Sheridan. 
 Major General — John M. Schotield. 
 Alfred H. Terry. 
 " Oliver O. Howard. 
 
 Brigadier General— George Crook. 
 
 " " Nelson A. Miles. 
 
 " " David S. Stanley. 
 
 " " John Gibbon. 
 
 " " Thomas H. Ruger. 
 
 " " Westley Merritt. 
 
 Adjutant General — Richard C. Drum. 
 Inspector General — Absalom Baird. 
 Judge Advocate Gejieral—G. N. Lleber (acting). 
 Qua)-termnstcr General — Sam'l B. Holabird. 
 Cornmi/isari/ (reneral — Robert Macfeely. 
 Surgeon General — John Moore, 
 Paymaster General — William B. Rochester. 
 Chief of Fngineers—Jamea C. Duane. 
 Chief of Ordnance — .Stephen V. Benet. 
 Chief Signal Ojfficei- — Adolphus W. Greely. 
 
 The United States Navy. 
 
 .4rfj(m-a7— David D. Porter. 
 
 Vice Admirul—Htephen C. Rowan. 
 
 Rear Admiral— Stephen B Luce. 
 
 " James E. Jouett. 
 
 " Ralph Chandler. 
 
 " L. A. Kimberley. 
 
 " Bancroft Gherardi. 
 
 " Daniel L. Braine. 
 
 Acting Rear Admiral— James A. Greer.
 
 13a 
 
 i^HE FIFTIETH CONGEESS. 
 
 THE FIFTIETH CONGRESS. 
 
 3Ieets First Monday in December, 1SS7. 
 
 Senate. 
 
 ALABAMA. 
 
 1891 Jas L Pugh, D 
 1889 Jno T Morgan, D 
 
 AEKANSAS. 
 
 1891 Jas K Jones, D 
 1889 Thos W Berry, D 
 
 CALIFORNIA. 
 
 1891 L Stanford, R 
 189;^ Geo Hearst, D 
 
 COLORADO. 
 
 1891 H M Teller. H 
 1889 Thos M Bowen, R 
 
 CONNECTICUT. 
 
 1891 Orville H Piatt, R 
 1893 Jos R Hawley, R 
 
 DELAWARE. 
 
 1889 Eli Saulsbury, D 
 189a Geo Gray, D 
 
 FLORIDA. 
 
 1891 Wilson Call, D 
 1893 J J Finley, Z)^t 
 
 GEORGIA. 
 
 1861 Jos E Brown, D 
 1889 A H Colquitt, D 
 
 ILLINOIS. 
 
 1891 C B FarwelLi?* 
 1889 S M Cullom, R 
 
 INDIANA. 
 
 1891 D W Voorhees, D 
 1893 David Turpie, Jj* 
 
 IOWA. 
 
 1891 W B Allison, R 
 1889 Jas F Wilson, R 
 
 KANSAS. 
 
 1891 J J ingalls, R 
 1889 P B Plumb, R 
 
 KENTUCKY. 
 
 1891 J C S Blackburn D 
 1889 Jas B Beck, D 
 
 LOUISIANA. 
 
 1891 J B Eustis, D 
 1889 R L Gibson, D 
 
 MAINE. 
 
 1893 Eugene Hale, R 
 1889 Wni P Frye, R 
 
 MARYLAND. 
 
 1891 E K Wilson, D 
 1893 A P Gorman, D 
 
 MASSACHUSETTS. 
 
 1893 Henry L Dawes, R 
 1889 Geo F Hoar, R 
 
 MICHIGAN. 
 
 1893 F B Stockb'ge, R* 
 1889 T W Palmer, R 
 
 MINNESOTA. 
 
 1893 C K Davis, i2* 
 1889 D M Sabin, R 
 
 MISSISSIPPI. 
 
 1893 Jas Z George, D 
 1889 Ed C Walthall, D 
 
 MISSOURI. 
 
 1891 George G Vest, D 
 1893 F M cockrell, D 
 
 NEBRASKA. 
 
 1893 A S Paddock, R* 
 1889 C F Manderson, R 
 
 NEVADA. 
 
 1891 John P Jones, R 
 1893 W M Stewart, ij* 
 
 NBW HAMPSHIRE. 
 
 1891 Henry VV Blair, R 
 1889 W E Chandler, R 
 
 NEW JERSEY. 
 
 1893 RufusBlodgett,/)* 
 1889 J R McPherson, D 
 
 NEW YORK. 
 
 1891 Wm M Evarts, R 
 1893 Frank Hiscock, R* 
 
 NORTH CAROLINA. 
 
 1801 Zeb B Vance, D 
 1889 M W Ransom, D 
 
 OHIO 
 
 1891 H B Payne, D 
 1893 John Sherman, R 
 
 OREGON. 
 
 1891 J H Mitchell. R 
 1889 Jos N Dolph, R 
 
 PENNSYLVANIA. 
 
 1891 J D Cameron, R 
 1893 M S Quay, R^ 
 
 RHODE IS.LAND. 
 
 1893 N W Aldrich, R 
 1889 Jonathan Chace, Jff 
 
 SOUTH CAROLINA. 
 
 1891 Wade Hampton, A) 
 1889 M C Butler, D 
 
 TENNESSEE. 
 
 1893 Wm B Bate, />.* 
 1889 Isham G Harris,/? 
 
 TEXAS. 
 
 1893 Jno H Reftgan, D* 
 1889 Richard Coke, D 
 
 VERMONT. 
 
 1891 J S Morril, R 
 1893 G F Edmunds, R 
 
 VIRGINIA. 
 
 1893 J W Daniel, D * 
 1889 H H Riddleb'g'r, 
 
 WEST VIRGINIA. 
 
 1893 D B Lucas, J>*f 
 1889 John E Kenna, n « 
 
 WISCONSIN. 
 
 1891 John C Spooner, . 
 1893 PhiletusSawyer,ii^ 
 
 Republicans. .38; Democrats, 37 ; Independent, 1 
 * New members, f l^y Executive appointment. 
 
 House of Representatives. 
 
 ALABAMA. 
 
 1 Jas T Jones, 25* 5 JasE Cobb, D 
 
 2 Hilary A Herbert, D* « Jno H Bankhead, D 
 
 3 Wm C Gates, D* 7 Wm H Forney, D* 
 
 4 A C Davidson, D* 8 Jos Wheeler, i»* 
 
 ARKANSAS. 
 
 1 Poindexter Dunn, Z>* 4 Jno H Rodgers, /)* 
 
 2 C R Breckenridge, D* .5 Sam W. Peel, D^ 
 
 3 Thos C McRae, Z>* 
 
 CALIFORNIA. 
 
 1 Chas A Garter, R 4 Wm W Morrow, R* 
 
 2 Marion Biggs, D h Frank J Sullivan, D 
 
 3 Jos McKenna./e * 6 Wm Vandever, R 
 
 COLORADO, 
 
 1 Geo G Symes, R* 
 
 CONNECTICUT. 
 
 1 Robt J Vance, J> 3 Chas A Ru.ssell, R 
 
 2 Carlos French, D 4 Miles T Granger, D 
 
 DELAWARE. 
 
 1 J B Pennington, D 
 
 FLORIDA. 
 
 1 R H M Davidson, D 2 Chas Doughtery, Z>* 
 
 GEORGIA, 
 
 1 Thos M Norwood, 2>* Jas H Blount, D* 
 
 2 Hen G Turner, // - - . 
 
 3 Chas F Crisp, D* 
 
 4 Thos M Grimes, y> 
 
 5 Jno D Stewart, /> 
 
 7 Jud C Clements, D* 
 S Hen H Carlton, i)* 
 !) .\llcn D Candler, D* 
 10 Geo T Barnes, D* 
 
 ILLINOIS. 
 
 1 R W Dunham, fl* 4 (ieo E Adams, R* 
 
 2 Frank Lawler, /)* •"> Alb J Hopkins, ii* 
 
 3 Wm E Mason, R (i Robt R Hitt, R* 
 
 7 T J Henderson, iJ* 
 
 8 Ralph Plumb, R* 
 
 9 Lewis E Pavson, jB* 
 
 10 Philip S Post, K 
 
 11 William H Gest, R 
 
 12 Geo A Anderson, 7? 
 
 13 Wm M Springer, I>* 
 
 14 John H Rowell, R'>- 
 
 15 Jos G Cannon, iJ* 
 10 Silas Z Landes, I)* 
 17 Edward Lane, /) 
 l,s Jehu Baker, K 
 
 19 R WTownshend. /)* 
 
 20 John R Thomas, B" 
 
 INDIANA. 
 
 1 Alvin P Hovev, R 8 Jas T Johnston, iJ* 
 
 2 John H O'Neall, D 9 Jos B Cheadle, R 
 
 3 Jonas G Howard, D* 10 William D Owen, R' 
 
 4 Wm S Holman, X»* 11 George W Steele, /;* 
 
 5 C C Matson, I)* 12 James B White, R. 
 
 6 Thos M Browne, /?* 13 Benj F Shively, D 
 
 7 Win D Bynum, jD* 
 
 1 John H Gear, R 
 
 2 Walter I Hayes, D 
 
 3 D B Henderson. i2* 
 
 4 Wm E Fuller, ij* 
 .5 Daniel Kerr, R 
 
 ti James B. Weaver, D* 
 
 7 Edwin H Conger, fi* 
 S A R Anderson, R 
 9 .loseph Lyman, R* 
 
 10 A J Holmes, R* 
 
 11 Isaac S Struble, R* 
 
 KANSAS. 
 
 .5 J no A Anderson, R* 
 
 E J Turner, R 
 
 7 Samuel R Peters, R* 
 
 1 Edm N Morril, R 
 
 2 E H Funston, ie* 
 
 3 B W Perkins, iJ* 
 
 4 Thomas Ryan R* 
 
 KENTUCKY. 
 
 1 William J Stone, D* 7 W C P Brekenr'e, J>* 
 
 2 Polk Lattoon, />* 
 
 3 W G Hunter, R 
 
 4 A B Montgomery, D 
 ') Asher O Caruth, D* 
 John U Carlisle, U* 
 
 8 Jas B McCreary, D* 
 
 9 George M Thomas, R 
 
 10 WraPTaulbee, Z>* 
 
 11 H F Finley, A'
 
 THE FIFTIETH CONGRESS. 
 
 14 
 
 .John D. I-on^, i»'.* 
 Leopold Morse, I). 
 Pat'k A. Collins, 7>. = 
 Edw. I). Hivyden, 7e.* 
 Henry C. Lodge, R 
 
 I>OUISIANA. 
 
 t. S. Wilkinson, />. 4 N. C. Blanchard, /).* 
 Matt. D. Lagiin, D. 5 Ch«Tul>. Newton, £). 
 
 Edward J. Gay, D* 6 S. M. Robertson, D. 
 
 MAINE. 
 
 Thomas B. Reed, R* 3 Seth \.. Milliken, R* 
 y. Dingley, Jr., 7?.* 4 Chas. A. Boutelle, R* 
 
 MAKYLAND. 
 
 Chas. H. Gibson, />.* 4 Isidor Kaynor, D. 
 Frank T. Shaw, />.* '> Barnes Compton, D.* 
 Harry W. Rusk, D* 6 L. K. McComas, i2.* 
 
 MASSACHUSETTS. ' 
 
 Bol>ertT. Davis, R* 7 William Coggrswell,i;. 
 ~ ' " S Charles H. Allen, A'.* 
 
 9 Edward Burnett, J). 
 
 10 .John Vj Russell, D. 
 
 11 Willian Whiting, ii'.* 
 
 12 F. W. Kockwell, R* 
 
 MICHIGAN. 
 
 J. L. Chapman, />. 7 .Tnstin R. Whiting, D. 
 
 Ed. P. Allen, R. S Tim. E. Tarsney, D. 
 
 .lames O'Donnell, Rfi !) B. M. Cutcheon, R.* 
 
 J. C. Burrows, R:' 10 Spencer O. Fisher, D.* 
 
 Melburne H. Ford. /;. 11 .Seth C. Moflatt, R* 
 Mark S. Brewer, R. 
 
 MINNKSOTA. 
 
 Thomas Wilson, D. 4 Edmund Rice, D. 
 .TohuLind. R. 5 Knute Nelsfin, R.* 
 
 John L. McDonald, 1). 
 
 MISSI.SSIPPI. 
 
 .lohn M. Allen, />.* 5 C. L. Anderson, D. 
 
 Jas. B. Morgan, D* « Thos. R. Stockdale,/'. 
 
 T. C Catchings, /;.* 7 Chas. T-:. Hooker, D. 
 Fred. G. Barry, /-». ' 
 
 MISSOUUX. 
 Wm. H. Hatch, J)/' 8 John J. ONeill. D * 
 
 C. H. Mansur, D. !) .lohii M. Glover, 1).' 
 
 Alex. M. Dockerv, i>.* 10 Martin L. Clardy, /).* 
 James N. Burnes, />.* n Richard P. Bland, /^." 
 William Warner, A'.* 12 William J. Htone, />.» 
 ' John T. Heard, D.-- l^ W. H. Wade, A'.' 
 John E. Hutton. I).* 14 J. P. Walker, D. 
 
 NKBKASKA. 
 
 John A. MeSliano, D. 3 G. \V. E. Dorsey, i£.* 
 James Laird, Rfi 
 
 NKVADA. 
 
 Wm. Woodburn, Rfi 
 
 Ni;W HAMPSHIKK. 
 
 L. F. McKinney, D. 2 J. H. Gallinger, Rfi 
 
 NEW JERSEY. 
 
 George Hires, R* 5 Wm. W. Phelps, 7e*. 
 
 James Buchanan, Rfi- 6 Herman Lehlbach,i?.* 
 
 John Kean, Jr., 7£ 7 Wm. McAdoo, /).* 
 Jas. N. Pidcock, I>fi 
 
 NEW vo 
 Perry Belmont, Dfi IS 
 Felix Camjihell, Z>.^i= 19 
 S. V. White, A'. 20 
 
 Peter P. Malioney, A*21 
 Arcli. M. Bliss, /A* 22 
 A. .1. Cummings, i>. 23 
 Lloyd S. Price, 1>. 24 
 
 Tim. J, Campbell, Dfi'lb 
 S. S. Cox, J>. 26 
 
 Frank \'. Spinola, I). 27 
 T. A. Merriman, D * 28 
 Wm. B. Coekran, D. 29 
 Ashbel P. Fitch, /?. ;!0 
 W. c;. Stahlnecker,/). 31 
 Henry Bacon, />.* R2 
 Jno. H. Ketcham, i?.*;« 
 Steph. T. Hopkins, R.U 
 
 KK. 
 
 Edw.W.Grcenman, D. 
 Charles Tracy, />. 
 George West. Rfi 
 John H. Moffit, 72. 
 A. X. Parker, 7?.* 
 James W. Sherman, 7i. 
 David Wilber, ye. 
 James J. Belden, 7;. 
 Milton Delano, R. 
 Newt'n W.Nut'ting,/i*. 
 Thomas S. Flood, R. 
 Ira r)a\pnp(>rt, 72* 
 Charles s. Baker, 72* 
 John (i. Sawyer, 72.* 
 J. M. Faniuh'ar, 72.* 
 John B. Weber, A*.* 
 Wm. G. Laidlaw, R. 
 
 NORTH CAROLINA. 
 
 1 Louis C. Latham, D. 6 Alf. W. Rowland. D. 
 
 J. S. Hendcrstiii, 7).# 
 S W. H. H. Cowlcs, D.* 
 9 Wm. H. Malone./f. 
 
 2 J. H. Al)bott, 72. 
 
 3 C. W. McClamnn , Z> 
 
 4 .John Nichols, L. 
 6 John M. Brower, R. 
 
 <mio. 
 
 1 Ben. Butterworth,72.*12 A. C. Thompson. R.* 
 
 2 Charles F. Brown, 7?.* Vi J. H. Outhwait, D * 
 
 3 E. S. AVilliams, 72. "' - 
 
 4 S, S. Yoder, D. 
 
 5 George K. .Seney, D. 
 
 6 M. M. Bootman, /2 
 
 7 Jas. E. Campbell, D. 
 
 8 Robt. P.Kennedy. 72. 
 
 9 Wm. C. Cooper, /ifi 
 10 Jacob Romels, a fi- 
 ll Jacob J. Pugsley, R. 
 
 OREGON. 
 
 1 Binger Herman, Ti'.-- 
 
 PENNSYLVANIA. 
 
 14 C. H. (irosvenor, /\.* 
 
 15 Beriah Wilkins, />.* 
 
 16 C.P. WicUliani, A\ 
 
 17 .Joseph I). Taylor, 72 • 
 
 18 (ierjrge W. Crou.'^o, R. 
 
 19 EzraB. Tavlor, 72 * 
 
 20 Wm. McKinley Jr./2 * 
 
 21 Martin A. Foran, 1).* 
 
 E. S. Osborne. 72.* 
 
 1 H. H.Bingham, 72.* 
 
 2 Charles O'Neill. 72.*. 
 
 3 .Sam'l J. Randall. Ji 
 
 4 Wm. D. Kelley, /2 * 
 .5 Alfred C. Harmer 
 6 H. Darlington, /2, 
 
 14 Franklin Bound, /?.* 
 
 15 Frank C. Bnnicll, 72* 
 IH H. C. McCorinicU.72. 
 17 P:dward Scull. 72. 
 IS Louis E. Atkinson, R. 
 
 72.*19 Levi :Maisli, D. 
 20 John Pat ton, R. 
 
 7 Robert M. Yardley, 72.21 Welty McCnlloiifib 72 
 S D. Ermentrout. TJfi 22 John Dalzell .72 
 9 Jno. A Heistand, 72.*2;5 Thos. .M. Bavnc. R.* 
 To Wm. H. Sowden, />(.* 24 Oscar L. Jackson R.* 
 
 11 Chas. R. Buekalew, 2).25 .James T. Matlett, 72 
 
 12 John Lynch, D. 2(> Norman Hall, /). 
 
 13 Cha.s. N. Brumm, 72.* 27 William L. Scott,/).* 
 
 RHODE ISI.ANJJ. 
 
 1 Henry .J. Spoonei-, 72.* 2 Warren O. Arnold, 72. 
 
 SOCTH CAROLINA. 
 
 1 Samuel Dibble, J)fi 5 Jolm J. Hemphill J). * 
 
 2 (jfeo. D. Tillnian, J)fi (i < icorge W. DargaiiX>. * 
 
 3 .lames S. Cothran,7>i. 7 William Elliott, l>.* 
 
 4 William H. Perry, D. 
 
 TENNESSEE. 
 
 1 Roder'k R. Butle)-. R (> J. E. Washington. J) 
 
 •2 heonC. Honk, 72.» 7 W. C. Whitthornc. J>. 
 
 3 John K. Neal, Dfi 8 Ben.jamin A.Enloe.A). 
 
 4 Benton Mc:Millin, D* 9 Presley T. Glass. />.* 
 
 .1. D. Richardson, 7A* 10 .Tames Phelau,X>. 
 
 TEXAS. 
 
 1 Charles Stewart, 7^.* 7 William H. Crain, /).* 
 
 2 .John H. Reagan, Jj* 8 L. W. Moore, U 
 
 3 C. n Kiluore, D. 9 Roger Q. Mills, A* 
 
 4 D. B. Culberson, Dfi 10 Joseph D. Savers, J).* 
 
 5 Silas Hare, I). US. W. T. Lanham, D.* 
 
 6 Joseph Al>bott, D. 
 
 VERSION T. 
 
 1 John W. Stewart, .V.* 2 Wm. W. Grout. 72.* 
 
 VIRGINIA. 
 
 1 T. H. B. Brown, 72. (I Saml G. Hopkins. L. 
 
 2 George E Bowden. R. 7 C. T. O'Ferrall. 75.* 
 
 3 George D. AV^ise. Dfi 
 
 4 W. E. Gaines, 72. 
 
 5 John R. Brown, 72. 
 
 8 W. H. F. J-ee, D. 
 
 9 H. C. Bowen, R. 
 10 Jacob Yost, 72. 
 
 WEST VIR{;iNIA. 
 
 1 Nathan (TOtt", Jr., 72.* 3 Charles P. Snyder7>.# 
 
 2 W. L. Wilson, D,* 4 Charles E. Hogg, D. 
 
 WISCONSIN. 
 
 1 Lucien B Caswell. 72.* « Charles B. Clark, R. 
 
 2 Richard (Uientlier. 72. 7 (>. 15. Thomas, 72 * 
 
 3 R. M. LaFolIette, R.* 8 William T. Price, 72.t 
 
 4 Henry Smith, 7.. 9 Isaac Stephenson, R.* 
 Thomas R. Hudd, D.* 
 
 Whole number . . . 325 
 Republicans .... 
 
 Democrats 
 
 Labor 
 
 .1.5« 
 .Itii
 
 14a 
 
 LAWS OF INTEREST. 
 
 Laws regarding Legal and Special Interest, and Penalty for Usury. 
 
 States and Tekritories. 
 
 Alabama 
 
 Arizona Territory . 
 
 Arkansas 
 
 California 
 
 Colorado 
 
 Connecticut .... 
 Dakota Territory . 
 
 Delaware 
 
 District of Columbia 
 
 Florida 
 
 Georgia 
 
 Idaho Territory . . 
 
 Illinois 
 Indiana 
 Iowa . 
 Kansas 
 
 Kentucky .... 
 
 Louisiana .... 
 
 Elaine 
 
 ^laryland .... 
 ^Massachusetts . . 
 Michigan .... 
 ^Minnesota .... 
 Mississippi . . . 
 Missouri .... 
 ^Montana Territory 
 Nebraska .... 
 
 Nevada 
 
 New Hampshire . 
 New Jersey . . . 
 New Mexico . . . 
 
 New York 
 
 North Carolina . . . 
 
 Ohio 
 
 Oregon 
 
 Pennsylvania .... 
 Rhode Island .... 
 South Carolina . . . 
 
 Tennessee 
 
 Texas 
 
 L'tah Territory . . . 
 
 Vermont 
 
 Virginia 
 
 ^V^ashington Territory 
 West Virginia .... 
 
 Wisconsin 
 
 AVj'oniing Territory . 
 
 
 be t- 
 
 7 
 (> 
 7 
 
 10 
 6 
 7 
 G 
 6 
 8 
 7 
 
 10 
 
 6 
 
 6 
 
 6 
 G 
 (j 
 
 7 
 7 
 6 
 G 
 
 10 
 7 
 
 10 
 G 
 G 
 
 G 
 6 
 6 
 8 
 (> 
 6 
 7 
 6 
 8 
 
 10 
 G 
 l> 
 
 10 
 G 
 
 cS a 
 
 i_, 
 
 •3 2 
 
 
 
 ^H 
 
 ® o 
 
 Ol 
 
 O 
 
 P< 
 
 any 
 10 
 any 
 any 
 
 6 
 12 
 
 6 
 10 
 any 
 
 8 
 18 
 
 8 
 8 
 
 to 
 
 13 
 6 
 
 8 
 
 6 
 
 6 
 any 
 10 
 10 
 10 
 10 
 any 
 10 
 any 
 
 (i 
 
 6 
 12 
 
 G 
 
 10 
 
 6 
 any 
 10 
 
 G 
 12 
 any 
 
 G 
 
 6 
 any 
 
 G 
 10 
 any 
 
 Penalty for Usury. 
 
 Forfeit all interest. 
 
 None. 
 
 Forfeit all principal and interest. 
 
 None, 
 
 None. 
 
 None. 
 
 Forfeit all interest. 
 
 Forfeit principal. 
 
 Forfeit all interest. 
 
 None. 
 
 Forfeit all excess. 
 
 Forfeit 10 per cent, annually to 
 
 school fund. 
 Forfeit all interest. 
 Forfeit excess of interest. 
 Forfeit all interest. 
 Excess of 12 per cent, is applied 
 
 in liquidation of principal. 
 Forfeit all interest in excess of 
 
 legal rate. 
 Forfeit all interest. 
 None. 
 
 Forfeit excess of interest. 
 None. 
 
 Forfeit excess of 7 per cent. 
 Forfeit principal and interest. 
 Forfeit all interest. 
 Forfeit all interest. 
 None. 
 
 Forfeit all interest. 
 None. 
 
 Forf. three times excess and costs. 
 Forfeit of all interest and costs. 
 Usury law passed in 1884 makes 
 
 it a misdemeanor. 
 Forfeit of contract. 
 Forfeit all int. Is a misdemeanor. 
 Forfeit excess over G per cent. 
 Forfeit principal and interest. 
 Forfeit excess of interest. 
 None. 
 
 Double sum rei^eived. 
 Forfeit debt and interest. 
 Forfeit excess of interest. 
 None. 
 
 Forfeit excess of interest. 
 Forfeit of all interest. 
 None. 
 
 Forfeit excess of interest. 
 Forfeit all interest. 
 [None.
 
 15 
 
 LAWS OF GRACE AND SIGHT DRAFTS, AND 
 
 DAMAGES ON PROTESTED BILLS 
 
 OF EXCHANGE. 
 
 Statk. 
 
 1 
 
 Alabama .... 
 
 2 
 
 Arizona Territory. 
 
 3 
 
 Arkansas .... 
 
 4 
 
 Calitbniia .... 
 
 5 
 
 Colorado .... 
 
 6 
 
 Connecticut . . . 
 
 7 
 
 Dakota Territory . 
 
 8 
 
 Delaware .... 
 
 n Distr't of Columbia 
 
 10 
 
 Florida 
 
 11 
 
 Georgia 
 
 12 
 
 Idaho Territory . 
 
 i;] 
 
 Illinois 
 
 14 
 
 Indiana 
 
 15 
 
 Iowa 
 
 16 Kansas 
 
 17 
 
 Kentucky .... 
 
 18 Louisiana .... 
 
 19 
 
 Maine 
 
 20 
 
 jVIaryland .... 
 
 21 
 
 Massachusetts . . 
 
 22 
 
 Michigan .... 
 
 23 Minnesota .... 
 
 24 
 
 Mississippi .... 
 
 25 
 
 Missouri 
 
 26 
 
 Montana Territory. 
 
 27 
 
 Nebraska .... 
 
 28 
 
 Nevada 
 
 2!) 
 
 New Hampshire . 
 
 ;30 
 
 New Jersey . . . 
 
 31 
 
 New Mexico . . . 
 
 32 
 
 New York .... 
 
 33 North Carolina . . 
 
 34 
 
 Ohio 
 
 35 
 
 Oregon 
 
 36 Pennsylvania . . 
 
 37 Rhode Island . . . 
 
 3S 
 
 South Carolina . . 
 
 35) 
 
 Tennessee .... 
 
 40 Texas 
 
 41 
 
 Utah Territory . . 
 
 42 
 
 Vermont 
 
 43 
 
 Virginia 
 
 44 Washington Ter'v 
 
 45 
 
 AVest Virginia . . 
 
 46 
 
 Wisconsin .... 
 
 47 
 
 Wyoming .... 
 
 On Si<iHT Dii.vKTs. 
 
 Damage*— Protost Bills. 
 
 Grace is all;>wed 
 
 Grace is allowed 
 
 No statute 
 
 No grace 
 
 No grace 
 
 Grace is allowed 
 
 x\llowed by statute of 1873 . . . 
 
 Grace is allowed 
 
 Grace is allowed 
 
 Grace is allowed 
 
 Grace is allowed 
 
 No grace 
 
 Grace is allowed 
 
 Grace is allowed 
 
 Grace is allowed 
 
 Grace is allowed 
 
 Grace is allowed 
 
 Grace is allowed 
 
 Grace is allowed 
 
 Grace not allowed 
 
 Grace is allowed 
 
 Grace is allowed 
 
 6i"ace allowed by custom .... 
 Grace allowed by custi>m . . . 
 Grace not allowed by custom . . 
 Grace allowed by custom .... 
 (xrace allowed by statute .... 
 
 Grace is allowed 
 
 Grace is allowed . 
 
 Grace is allowed 
 
 No gviicc 
 
 Grace not allowed 
 
 Grace is allowed • . . 
 
 Grace is allowed 
 
 Grace is allowed 
 
 Grace is alloweil 
 
 (irace is allowed 
 
 Grace is allowed 
 
 Grace is allowed 
 
 Grace is allowed • 
 
 No grace 
 
 Grace is allowed 
 
 Grace not allowed by statute, 187: 
 
 Grace allowed by law 
 
 Grace is allowed 
 
 Grace allowed. K. 8.. 1841>, ].. 263 
 Grace allowed by custom . . . . 
 
 DOMESTIC. FOREIGN 
 
 S g si, 
 
 O > cS 
 
 li: 2 ^ ^ 
 
 ^^•^ ° ^ 
 cuoz; £3 2 
 
 -a >° ^ 
 •w - k 
 c .!2 "^ Oi 
 
 r ts 'S! s 
 
 cy ■" p 5 
 
 ^^^ ^g 
 tJO-S — 
 
 o S "! ^ 
 
 .IJ ~ 
 
 O S ^ 
 
 j9 o J; ^ 
 
 o 2 P ° 
 
 ♦J r rt "? 
 
 .<2 u '■" 1-1* 
 
 >£ O uj «9, 
 
 § "-5 ? 
 
 " •- c 2 
 
 ^^t ■ 
 
 - (U C «J 
 
 W 
 
 t3 u g « 
 
 ^ o 
 
 ^ ti Si ^ 
 rS 5 "S 2 
 
 1> O •? --; 
 
 O U>-' O 
 '^■~ '^Z 
 
 o y o - 
 
 tjoo 515^ 
 
 n! ITS ^ — 
 
 ^ o 
 
 10 
 
 20 
 
 
 10 
 
 5 to 15 
 
 10 
 
 10 
 None. 
 
 15 
 
 10 
 20 
 
 10 
 
 10 (0; 20 
 
 10 
 10 
 12
 
 16 
 
 ERRORS AND OMISSIONS CORRECTED. 
 
 TOWN. 
 
 Alabama 
 Arkansas 
 
 Dakota 
 Georgia 
 
 Maine 
 Michigan 
 Missouri 
 New Jersey 
 Pennsylvania 
 
 South Carolina 
 Virginia 
 
 Wyoming 
 
 Montgomery. 
 Camden. . . 
 
 Hot Springs. • 
 Jonesboro . . 
 Langdon . . 
 Atlanta . . 
 Columbus . 
 Morgan ... 
 Portland . . 
 Grand Rapids 
 Princeton . . 
 Woodbury . 
 Chester . . 
 
 Erie .... 
 
 Philadelphia 
 
 West Chester 
 Aiken . . . 
 Br3utsville . 
 Richmond . . 
 Rawlins. . . 
 
 J. T. Holtzclaw. 
 
 W. T. Martin. Refers to Dr. J. W. 
 Brown, Col. T. R. Thornton, Camden, 
 Ark. Will practice in the counties of 
 Ouachita and Calhoun. Strict attention 
 to collections. 
 
 L. Leatherman. 
 
 J. C. Brookfield. 
 
 B. Errickson. 
 
 Alexander & Turnbull. 
 
 Gary J. Thornton. 
 
 D. B. Day. 
 
 tStrout, Gage & Strout. 
 
 Boltwood & Boltwood. 
 
 iHyde & Orton. 
 
 Jos. J. Summerill. 
 
 Orlando Harvey. 
 
 (See card in Appendix xviii.) 
 
 Allen & Rosenzweig. 
 
 (See card in Appendix xviii.) 
 
 Wm. L. Showers. 
 
 (See card in Appendixxi.) 
 
 Geo. B. Johnston. 
 
 G. W. Croft. 
 
 Meredith (E. E.) & Thornton (J. B. T.) 
 t Sands & Bryan. 
 
 Z. T. Brown. 
 
 f is an error, should be ^;,
 
 STATE OF 
 SUMMARY OF 
 
 CoLLBCTioN Laws. 
 
 CoTJKT Calendar, Instructions for taking Depositions, Legal Forms, Etc. 
 Expressly Prepared and Revised to Nov. 1st, 1887, for "Showers' 
 Legal Directory and Merchants' Guide," for 1888, by 
 J. CoBBS, OF the Mobile Bar. 
 
 Acknowledgments — And proofs of conveyances may be taken by judges 
 of the supreme aud circuit courts and their clerks, chancellors and registers 
 in chancery, judges of probate courts, justices of the peace and notaries. In 
 other states they must be taken by judges and clerks of any federal court or 
 court of record, notaries public and commissioners appointed by the gover- 
 nor of this state. If out of the United States, by the judge of any court of 
 record, mayor or chief magistrate, or any diplomatic or consular agent. 
 
 Form, of Acknotcledgment. 
 State of Alabama, ) 
 
 County of , \ ' 
 
 I (name and style of officer) hereby certify that and , his wife, 
 
 who are known to me, acknowledged before me this day that, being informed 
 of the contents of the foregoing conveyance, they executed the same, volun- 
 tarily, on the day the same bears date. 
 
 Given under my hand this day of , A. D. 18 — . 
 
 {Signature and title of officer) 
 
 Actions. — Every action founded upon a contract, express or implied, must 
 be prosecuted in the name of the party really interested, whether he have 
 the legal title or not, subject to any defense the debtor may have had against 
 the payee or creditor previous to notice of transfer ; but this does not apply 
 to bills of exchange, or instruments payable in bank or at a designated place 
 of payment, and commercial instruments. 
 
 Administration. — Probate court, after fifteen days from the death, grants 
 letters, on application, to : 1st. Husband or wife ; 2nd. Next of kin; 3rd. 
 Largest creditor ; 4th. General administration for county, after forty days 
 from death; 5th. Any qualified citizen. Bond for faithful administration 
 is required in double the value of the estate. Claims duly proved by affida- 
 vit are to be presented to the administrator in person, or filed in court, within 
 eighteen months after the grant of letters or the accrual of the claim. Set- 
 tlement and distribution may be required after the expiration of eighteen 
 months succeeding the grant of letters. If the estate is declared insolvent 
 claims properly verified should be filed in court within nine months after 
 such declaration, and after this period the court distributes to each creditor 
 his pro rata. The same proceedings are had after the probate of wills, since 
 debts must be paid before the distribution. 
 
 [Ala. 1.]
 
 18 ALABAMA. 
 
 Affidavits. — Are made before cliaiicellors, registers in chancery, judges 
 and clerks of courts of record, justices of the peace, notaries public, and the 
 presiding officers of tlie liouse and senate. Tlie certiticate need not be under 
 seal. They may be made, out of Alabama, before any commissioner for 
 Alabama, t]ie judge or clerk of a federal court, the judge of any court of 
 record, or a notary public ; but they certify under hands and seals, if any. 
 In either case the certificate must show that the deponent, being "sworn to 
 speak the truth, the whole truth, and nothing bvit the truth, deposeth," etc. 
 '•That the foregoing itemized account is true and correct and the amount 
 thereof is due and unpaid." 
 
 Form of Affidavit for Proving Open Account. 
 
 Before me (name and style of officer), personally appears • — — , who, 
 being dvdy sworn on oath, says that the foregoing account is just and true, 
 correct and unpaid. 
 
 Sworn to and subscribed before me, date. \ 
 
 {Officer's signature.) 5 
 
 {Signature of affiant.) 
 
 Aliens. — May bo naturalized as per acts of congress. See constitution 
 1875, Art. 1, Section 86. Code 1876, page 180. Resident or non-resident 
 may own property in Alabama by purchase, descent, or devise, as a native 
 citizen, and dispose of or transmit it in like manner. Code, § 28G0. But 
 this section does not affect their rights acquired prior to February 25, 1875. 
 The alien devisee or next of kin of any person dying in this state may in- 
 herit to the exclusion of the state or to more remote or naturalized heirs of 
 the deceased; but this does not retract so as to divest title to property 
 already escheated to the state by final judgment. Aliens are not permitted 
 to vote until they have resided in the state one year and shall have filed their 
 declaration of intention preparatory to naturalization. Immigrants have, 
 under contract for wages, on the products of their labor, a preferred lien en- 
 forceable by law. They are liable for breach of their contracts, and there is 
 a lien on their wages for abandonment of service, etc., without just cause. 
 
 Appeals. — From judgments final in probate, city, chancery and circuit 
 coui'ts, to the supreme court, may be taken in one year ; also from judgments 
 on demurrer. If taken from ruling on law upon facts which would not ap- 
 pear of record, must be by bill of exceptions ; and without bill, if to reverse 
 on errors of I'ecord. Appeals lie to circuit court from commissioners' court 
 or board of revenue to review errors of law or for want of jurisdiction. From 
 justice of the peace to city or circuit courts must be taken within five days 
 after judgment. But for good cause shown, may be taken after the five 
 days on petition for certiorari and supercedeas. Common law certiorari 
 brings up only the record for review. On other appeals from justices, the 
 ■case is tried de now. In some cases, civil, before justices, appeal may lie to 
 a jury. 
 
 Arrest. — There is here no imprisonment for debt. 
 
 Assignments. — Are governed by the common law, except that a general 
 assifnnnent by a debtor, by which a preference is given to one or more over 
 the "remaining creditors, shall be and imire to the benefit of all creditors 
 equally. Does not embrace mortgages given to secure a debt contracted con- 
 temporaneously with the execution of the mortgage, and for security of 
 which the mortgage was given. Proving claim under a general assignment 
 and acceptance of a dividend will operate only pro tanto as a discharge of 
 the debtor. A general assignment for the benefit of creditors does not de- 
 stroy or impair the lien created by the levy of an attachment or lien of an 
 ^execution issued from a court of lecord prior to such assignment. There is 
 no statute on the subject in this state. 
 [Ala. 2.]
 
 ALABAMA. 19 
 
 Attachment. — Process will issue for the collection of a debt, whether due 
 or not, tt-) recover dania<;<.\s for breach of contract, or where the action is for 
 damages alone, upon affidavit by the creditor or his agent that the debtor 
 absconds, secretes himself, or resides out of the state, so that the process 
 can not bo served, or is about to remove or fraudulently disi^ose of his prop- 
 erty, or fraudulently withholds money, chattels or effects. Plaintiff must 
 give bond in double the amount claimed. Garnishment process will issuj iu 
 aid of attachment in all euch cases. 
 
 Banks and Bankers. — The general assembly can incorporate banks and 
 banking companies. None can take greater tlian eight per cent, on loans to 
 individuals. A lien on the stock of a de))tor may be enforced by sale of the 
 stock after thirty daj's' notice to him or his legal representatives. Code, § 
 2040. Sliares of a stockholder may be reached by execution or attachment, 
 § 55 2041 — 2. Transfers of stock must be entered on books. Under a new 
 act, the probate court may also allow banks and loan associations to increase 
 their capital stock to not less than $50,000, and reorganize and do business. 
 See acts 186G-7, page 98. 
 
 Bills of Exchange and Promissory Notes. — When payable in money at a 
 designated place, are governed by commercial law\ Other instruments payable 
 in money at any bank or banking house. Are governed by commercial law, 
 as to grace, protest and notice. ISlo other contracts have grace. When pay- 
 able on Christmas, July 4th, or January 1st, are due on the day preceding, 
 and if that is Sunday, are payable on the preceding Saturday. * 
 
 Those payable in bank, which are negotiated in due course of trade, are 
 not subject to any set-offs or defense between the original parties. If taken 
 and held as collateral for antecedent indebtedness, they are not negotiable 
 for value before maturity, and if accommodation paper, are subject to defence 
 of want of consideration. 
 
 Acceptances are in writing ; but drawer who refuses to return the paper, 
 accepted or unaccepted, in twenty-four hours, is deemed to have accejited it. 
 Promise in writing to accept is acceptance. 
 
 Damages for non-acceptance or non-payment, five per cent, on amount 
 drawn for. Bills drawn and payable in Alabama are inland ; those drawn iu 
 Alabama, payable elsewhere, are foreign. 
 
 Bills of Lading. — Are given by common carriers, showing condition of 
 goods; if not given, goods are presented in good order, unless destroyed or 
 lost. Rule is the same in case of warehousemen, who give receipts showing 
 even the condition of bagging and rope on cotton. 
 
 Chattel Mortgages. — Conveyances of personal property to secure debts, 
 or to provide indemnity, are inoperative and void against creditors and pur- 
 chasers without notice, until recorded, unless the proj^erty is brought into this 
 state subject to such incumbrances, in which case they must be registered 
 within four months ; and if such property is removed to a different county 
 from that in which the grantor resides, the conveyance must be recorded 
 within six months from the removal, or it ceases to have effect as to creditors 
 and purchasers from the grantee without notice. 
 
 "Section 2170, embraces absolute conveyances in which is contained a de- 
 feasance, which defeasance must be recorded also, to be good against 
 creditors." 
 
 Conveyances of personal property to secure debts, or for indemnity, must 
 be recorded in the county where the grantor resides, within sixty days after 
 execution. All mortgages of personal property must be in writing, signed, 
 "witnessed or acknowledged before some judicial officer ; and also' in the 
 county where the property is at the date of the conveyance ; if the property 
 is removed to another county, the conveyance must be again recorded within 
 six months from such removal, in the county to which it is removed. (Rev. 
 Code, § 1553 ; Code of Alabama, §2102). 
 
 [Ala. 3.]
 
 20 ALABAMA. 
 
 No renewal of chattel mortgage is necessary. They may be foreclosed as 
 follows : 1st. By selling the property viiider a power of sale contained in the 
 mortgage ; 2nd. By an action of detinue in a court of law having jurisdiction 
 of the amount or value of the property to recover possession ; 3rd. By bill 
 in equity for foreclosure. The rights of a mortgagee can not be affected by 
 the mortgagor remaining in possession of mortgaged chattels after the law 
 day of the mortgage, except by some act or consent of the mortgagee. All 
 the original rights of the mortgagee are preserved. The reservation of the 
 possession of stock in trade and of the right to deal therewith, is fraudulent, 
 as against the creditors of the mortgagor. 
 
 Claims against Decedents' Estates. — {See Administrations.') — A copy of 
 the claim, property verilied, may be filed in court within eighteen months 
 after the grant of letters, and that will be good presentment ; and after a 
 declaration of insolvency, it must be refiled. 
 
 Infants, and persons of unsound mind, are allowed eighteen months, after 
 their disability is removed, in which to present their claims. 
 
 Conditional Sales of Personal Property. — May be made and possession 
 delivered, antl under the agreement the bargainer retains title until the pur- 
 chase money is paid. Such contract need not be recorded. A conditional 
 sale is not a mortgage, and is good though made by parole. A verbal mort- 
 gage is void. 
 
 Corporations. — May be charged by the general assembly, or by general 
 laws, on petition and declarations for charter made to the probate court, 
 showing scope of business, number and amount of shares of stock. Stock- 
 holders are liable for the liabilities of the corporation, to the extent of their 
 unpaid stock. 
 
 They are taxable as individuals. Foreign corporations doing business here, 
 must have a i)lace of business and an agent on whom to make service, when 
 sued. Their charter must be filed in the office of secretary of state of Ala- 
 bama. When the president, or other head thereof, secretary, or cashier, or 
 managing agent, resides out of Alabama, or is unknown, on affidavit of such 
 fact, service is made on any white person in such corporation's employ. 
 
 Service is made by delivering a copy of the summons and complaint. 
 
 General or special laws are subject to future legislation. See Act '86-7, p. 
 102. 
 
 Costs. — Security for must be given by corporations suing, and by non-resi- 
 dents, either on commencing suit, or on notice by the court requiring it. 
 
 Generally — Costs are recovered by the successful suitor. The chancery 
 court may tax either party with all or any part of costs. In damage suits, 
 if the verdict is for less than fifteen dollars, the successful party recovers no 
 more costs than damages, unless the court certify that under the proof the 
 jury should have given greater damages. The plaintiff, in city or circuit 
 courts, is taxed with the costs, if herecover a less amount than $50, unless this 
 was reduced by set-off, etc. Non-residents, in order to secure early judg- 
 ment, should give security, or deposit money to cover it in court. 
 
 The laws of cost are penal, and no cost can be taxed that are not express- 
 ly authorized by statute. 
 
 No security for costs can be required of residents. 
 
 Courts. — Terms and Jurisdiction. — Justices of the Peace have jurisdiction 
 of debt up to $100 ; detinue to $100 ; in damage suits, except for slander, to 
 $50. 
 
 Probate Court has jurisdiction of probate of wills, estates of deceased per- 
 sons, business of orphans, partition, dower, ad quod damnum. Has also, but 
 does not always exercise the jurisdiction of the county court. But this is a 
 criminal jurisdiction of all misdemeanors except libel. 
 [Ala. 4.]
 
 ALABAMA. 
 
 21 
 
 Gity and Circuit Courts have generally coucurrent common law jurisdiction, 
 where the amount involved is $30 or more. They have no equitable jurisdic- 
 tion, but have appellate jurisdiction over inferior courts. 
 
 Chancery Court hn^i jurisdiction over equitable matters ; trust administra- 
 tions and partnersliip settlements ; (assigniueuts are included in trust ad- 
 ministrations) ; also of dower and divorce. 
 
 Court Calendar. — 
 
 UNITED STATES COURTS. 
 
 AlabaiU'^ is divided into tiirco districts, tlie Northern, Middle and Rourthern ; the 
 Nortlicru District is divided into two divisions, the Nortlieru and Southuru Divi- 
 sions. Alahania is in tlie Kiltli Circuit. 
 
 Norlhorn DUlrict, ^)'h (•ircuif..~('ircuif Jtidr/p, Don A. Pardee, New Orleans. La.; 
 C/erk Circuit Court, A. W. Mc("ullougIi, Iluntsville; District J u( I (jc, John Bruce, Mout- 
 
 fomery; District Attornci/, William H. Denson, (iadsden ; AssiHUmt District Attorney. 
 lOdawic A. Dodds, Mon tgoniery ; Clerk District Court, A. W. McCuUou sxli, Huntsvi He ; 
 Marshal, Arthur 11. Keller, Huutsville; liecjister in Bankruptcy/, W. A. Wallace, 
 Mobile. 
 
 Terms. — Circuit and District Courts, Northern Division, sit 1st Mon. April and 2d 
 Mon. October, at Huutsville; Circuit and District Courts, Soutliern Division, sit 1st 
 Mon March and September, at I'irminghani. 
 
 Middle District.iith Circuit. — Circuit .Tudf/c, Don A. Pardee, New Orleans, Da. ; Clerk 
 Circuit Court, J. W. Dimmick, Montgomery; District .Judge, John Bruce, Mont- 
 gomery; District Attorney, William II. Denson Gadsden; Clerk District Court, .l.W. 
 Dimmick, Montgomery; Marshal, Wm. W. Allen, Montgomery ; Register in Bank- 
 ruptcy, J. V. McDuffie, Hayneville. 
 
 rer??i.?.— Circuit and District Courts sit 1st Mon. May and Nov. at Montgomery. 
 
 Southern District, hth Circuit. — Circuit .Tudr/e, Don A. Pardee, New Orleans, La. ; 
 Clerk Circuit Court, N. W. Trimble, Mobile; Depnt.i/ Clerk Circuit Court, E. T. Broad- 
 way. Mobile; District Judge, Harry T. Tonlmin, iVIobile ; Cferk District Court. Richard 
 Jones, Mobile; District Attorney, .lohn D. Burnett. Mobile; .Marshal, William W. 
 Allen, Mobile; Register in Bankruptcy, .lohn H Wallace, Mobile. 
 
 T/Tws.— Circuit and District Courts sit 1st Mon. June and 4th Mon. December, at 
 Mobile. 
 
 STATE COURTS. 
 
 County. 
 Autauga . 
 
 Baldwin . 
 
 Barbour 
 
 Seat. Chancery Court. 
 
 Prattville, , , Thus, after 4th Mon. after 
 1st Wed. Feb , Sept,, :i&. . 
 
 Daphne . . . . .3d Mon. April, Nov., 3d., at 
 Mobile 
 
 Clayton 
 
 Bibb Centreville. 
 
 Blount . 
 Bullock. 
 
 Butler . 
 
 Calhoun. . 
 Chanabers 
 
 1st Mon. after 4th Mon. 
 March, September, Iw.. . 
 
 . 4th Mon. after 1st Wed. 
 February, September, 3d. 
 
 Blountsville . 4th Mon. May, Nov., 3d. . . 
 
 UnionSpringsThus. after 1st Mon. March, 
 September, 3d 
 
 Greenville . . 2d Mon. January, July, Iw. 
 
 .Jacksonville. .3d Mon. April, (>ctoi)er, 3d. 
 Da Fayette.. . 1st Wed. after 2d Mon.,. Jan., 
 July, 4d 
 
 Cherokee.- 
 Chilton.. . 
 
 Choctaw 
 Clarke. . 
 
 Centre . 
 Clanton 
 
 . 1st Mon. April, October, 4d. 
 
 . 1st Thus, after 3d Mon. 
 
 March, September. 3d. . 
 
 1st Mon. April, Nov., .'id. . . 
 
 Butler. . 
 
 Grove Hill. . .Thus after 2d Mon. April, 
 November, od 
 
 Circuit Court. 
 
 1st Mon. Feb.. Iw., 4th Mon. 
 July, 2w. 
 
 5th Mon. after 4th Mon. 
 March. 9th Mon. after 4th 
 Mon. September, 2w., at 
 Daphne. 
 
 15th Mon. after 1st Moc. 
 Feb., 15th Mon. after 2(1 
 Mon. Aug., 2w. ; in Eu- 
 faula 17th Mon. after 1st 
 Mon. Feb., 17th Mon. after 
 2d Mon. Aug., 3w. 
 
 3d Mon. Feb., 4th Mon. 
 
 after Itli Mon. July, Iw. 
 7th after 4th Mon. January, 
 
 July, 2w. 
 
 1st Man. Feb., 2d Mon. 
 
 August, 3w. 
 7tl» Mon. after 4th Mon. 
 
 March and Sept., 3w. 
 4th Mon. January, July, 3w. 
 
 11th Mon. after 4th Mon. 
 
 F'eb., 13th Mon. after 4th 
 
 IMou. .July, 2w, 
 1st Mon. January, July, 3w. 
 
 3d Mon. after 1st Mon. Feb., 
 5th Mon. after 4th Mon. 
 July, 2w. 
 
 4th Mon. March, 3d Mon. 
 after 1th Mon. Sept.,2w, 
 
 3d Mon. after 4th ISIon. 
 March, fith Mon. after 4th 
 Mon. September, Iw. 
 I Ala. 5.]
 
 22 
 
 County. 
 Clay . . . 
 
 Cleburne. . 
 
 CoflFee . . . 
 
 Colbert.. 
 Conecuh 
 
 Coosa . 
 
 Covington . 
 Creasliaw . 
 
 Cullman 
 Dale . . 
 
 Dallas . . . 
 DeKiilb.. . . 
 Elmore.. . . 
 
 Esctimbia . 
 
 Etowah . . . 
 
 Fayette . . . 
 
 Franklin . - 
 Geneva . . . 
 
 Greene . . . 
 Hale . . . . 
 Henry. . . . 
 Jackson. . . 
 Jefferson. . . 
 Lamar . . . 
 
 Lauderdale 
 Lawrence . 
 
 Lee . 
 
 Limestone 
 
 ALABAMA. 
 
 Seat. Chancery Court. Oiruit Court. 
 
 Ashland. . .Thn-2^yth.Ion._April. ^^^^_ ^^^^_ 
 
 January, July, 2w. 
 Edwardsville.Thus.^er^3_Mon. April, ^^^ ^^^ ^^^^_ 
 
 January, July, 2w. 
 Elba 3d Mon. March, Sept., 3d.. -^^^^-^^l^^Z-l^Z 
 
 August, Iw. 
 Tuscumbia...Thi^.^fter^M Mon. Feb., 3^ j^^„. .j^reh, Sept., 2w. 
 Evergreen.. ThusTaaer 1st Mon. Jan., ^^^ ^^^^^_ ^^^^^ ^^,^ ^^^^^ 
 
 •^"'•^' March, 2d ]Mnn. after 4th 
 
 Mon. September, 2w. 
 Rockford...lst Mon. afte^^ ^^^^_ ^^^^^ ^^^ ^^^_ 
 
 Januarj, juij, .u ^^^^ ^ ^^^^^ Mon. after 4th 
 
 July, Iw. 
 Andalusia. jTln^s af^er 3d Mon. Jan ^ ^^ ^^^ 
 
 Butledge... \ July, -M Mon. September, Iw. 
 
 3d VIou. March, Iw; 2d Mon. 
 September, 2w. 
 
 Cullman. . .9th Mon. after 4tli Mon. 
 
 February, August, 4d.. . 6th ^Mon.^after Jth^^ Mo^^^ 
 
 /->,„^i- TVin« iftpr ,3d Mon March, 4th Mon. Sept., 2w. 
 
 •O^'^'^l- sentember 3d . . . . 5th Mon. after 1st Mon. Feb., 
 
 beptemoer.da ^^^^ ^^^^ .^^^^^ 2<a Mou. 
 
 August. Iw. 
 
 : ^-t^u^fkT.- :i?h^^;^nfSchTsept., k . ^cl^^lom Fe^-„:- ^ M.m. 
 
 .Brewton. . . 1st Mon. January, July, 3d ^t'WIon^^M.u-ch, Iw; 4th 
 
 .Gadsden. . .3d Mon. May and Nov., Gd.. ^^'jJ^^^^^^'JXA^^- ^'"'' 
 
 . Fayetteviile . 8th Mon.^ after 4th Feb.and ^^^^^^^^ ^^^^^^^ Mon.Feb., 
 
 " ' August, 2w 
 
 . Bel Green. . . 3d Mon. Feb., August, 3d. . l«^i^^^[,';!;;-g^J^;"i,t*^ ^*°''- 
 
 .Geneva.. . ■ ChXS;«/5scretion 20d g^^^ i^^,,; .f^eristMon-Fob., 
 publication ^^^ ^^^^ ^^^^^ ^^ ^^^^^^ 
 
 August. Iw. 
 
 .Eutaw . . . -l^t ,^.^-•p,-r./!^^r'!■ mh Mon. after 4th Mon. 
 
 Feb., Aug., 3w. 
 
 .Greensboro ■ ^^^^om afteM^st Wec^^^ eth^Mon.^ after last Mon. 
 
 .Abbeville ..4th Mon. March, Sept., 3d.. 3d|oiV J^eV£>Iori Fe.,., 
 
 August, 2w. 
 .Scottsboro . -Sth >;c>n^ after^^4th_ Mon. ^^ Mon. after 4th Mon. Jan., 
 
 July, 3w. 
 . Birmingham..llth Mon. after 4th Mon. 
 
 Feb., August, no hm.t. . I'^^^^^^^iyj^^fiim^t. 
 
 •^^— " V' aVS 3d'"\ ''°"- 3dMon.after4thMon.Feb., 
 
 ' ' August, 2w. 
 
 Florence 4th Mon Feb., August, 3d . 1st Mon. March, Sept., 2w. 
 
 •.Moulton. . •'i-h>;«;(,f,«':,«^ ^^«"- ^^*^^:' 3d Mon. after 4th Mon. Mar., 
 
 Au^usi, ou September, 2w. 
 
 . .Opelika.. . -Thus l^.'^ore^jU Mon Ma^^^ 9th Mon. after Lt Mon. Feb., 
 teeptemner, ju ^^^^^ ^^^^ ^^^^^ gd Mon. 
 
 August, 3w. 
 
 • -Athens lVb'°Au.^a't'3r ?'.''"■ 7th Mon. after 4th Mon. 
 
 Peb., Au„u*i, .ia March, 8th Mon. after 4th 
 
 Mon. Sept., 2w. 
 
 [Ala. 6.1
 
 ALABAMA. 
 
 23 
 
 County. 
 Lowndes. . 
 Maeou . . 
 
 Madison. 
 
 Marengo . 
 Marion. . . 
 
 Marshall . 
 Mobile . . 
 
 Monroe . . 
 
 Seat. Chancery Court. 
 
 Hayneville. . Jth Men. January, July, l\v. 
 
 Tuskeiree. 
 
 4tli Mon. after -Jth Mon. 
 January, July, Iw . . . . 
 
 Huntsville . . 3d Mon. after Ith Mon. P'eb., 
 August, 2w 
 
 Linden. . 
 
 ."d Mon. March, Oct., Iw 
 
 . Hamilton. . . Thus, after 7th Mon. after 
 4th Mon. Feb., Aug., ad. . 
 
 . Guntersville. .4lh Mon. May, Nov., 3d, . . 
 
 . Mobile .... Same as Baldwin county. . 
 
 . Monroeville . Sits at Claiborne, Thus, after 
 1st Mon. April, Nov., 3d . 
 
 Montgonicry..Montomery. . 2d Mon. after 4th Mon. 
 
 Marcli. September, 3w . . 
 Morgan.. . . Somerville. . . Thus. ;)ftcr 1st M(jn. afrer 
 
 4th Mon. Feb., Aug., 3d. . 
 
 Perry . . . 
 
 Pickens . 
 Pike . . . 
 Randolph. 
 
 Russell.. . 
 
 Shelby . . 
 St. Clair. 
 
 .Marion 3d Mon. after 1st Wed. Feb., 
 
 September, l\v 
 
 . Carrollton . . 1st Wed. Feb., Sept., 4d. . . 
 
 . Troy 2d Mon. March, Sept.; Iw. . 
 
 . Wedowee. . . 4th Mon. April, Oct., 3d. . . 
 
 Scale . . 
 
 1st Mon. March, Sept., 3d. 
 
 . Columbiana . 3d Mon. March, Sept., 3d. 
 
 . . Ashville . . . Thus, after 2 Mon. May, 
 November, 3d 
 
 Sumter .... Jjivingston.. . 4th Mon. March, Oct , Iw. . 
 
 Talladega. . . Talladesra. . . 2 Mon. March, Sept., Gd. . . 
 
 Tallapoosa. .. Dadeville. . .Thus, after 4tli Mon. Jan., 
 
 July, 3d 
 
 Tuscaloosa. .. Tuscaloosa. .. 10th Mon. after 4th Mon. 
 Feb., August, 3d 
 
 Walker .... Jasper .... Thus, after 8th Mon. after 
 
 4th Mon. Feb.. .Vug., 3d. . 
 
 Washington . St. Stephens . Same as Baldwin county. . 
 
 Wilcox Camden ... 2 Mon. April, Nov., .3d . . 
 
 Winston . ; . Double Spr'gs.Same as Cullman county. 
 
 Circuit Court. 
 
 9th Mon. after last Mon. 
 Feb., Aug., 3w. 
 
 5th Mon. after 1st Mon. Feb., 
 7lh Mon. after 4tli Mon. 
 July, 3w. 
 
 2d Mon. Jan , 12th Mon. 
 
 after 4th Mon. March. 4w. 
 1st Mon. Mar-h. 4lh Mon. 
 
 September, 3w. 
 
 2d Mon after 4th Mon. Mar., 
 
 September, 1 w. 
 5th Mon. after 4th Mon. 
 
 .January, July, 2w. 
 7th Mon. after 4th Mon. 
 
 March, Ihh Mon. after 
 
 4tli Mon. Sept., Sw. 
 
 4th Mon. after 4th Mon. 
 :March, Iw ; 7th Mon. after 
 4th Mon. Sept., 2w. 
 
 2d Mon. June, Jan., no limit, 
 
 3th Mon. after 4th Mon. 
 March, Sept., Iw. 
 
 3d Mon. after last Mon .Feb., 
 
 August, 3w. 
 11th Mon. after 4th Mon. 
 
 February, August, 2w. 
 4th Mon. after 4th Mon. 
 
 March, September, 3w. 
 131 h Mon. after 1st Mon. 
 
 Feb., l.=)th Mon. after 4th 
 
 Mon. Julv, Iw. 
 12th Mon. after 1st Mon. 
 
 Feb., iL'th Mon. after 2d 
 
 Mon. August, 3w. 
 11th Mon." after 4th Mon. 
 
 January, July, 2w. 
 
 13th Mon. after 4th Mon. 
 
 •lanuarv, .July, 2w. 
 8th Mon. after 4th Mon. 
 
 Feljruary, August, 3w. 
 4th Mon. Jan., July, 4w. 
 
 9th Mon. after 1st Mon. Feb., 
 11th Mon after 4th Mon. 
 July, 2w. 
 
 6th Mon. after 4th Mon. 
 February, August, 2w. 
 
 3d Mon. Feb.. Aug., 2w. 
 
 2d M'.n. after 4th Mon. 
 March, 5th Mon. after 4th 
 Mon. September, Iw. 
 
 12th Mon. after last Mon. 
 February, Auerust, 3w. 
 
 2d Mon. Feb., Aug., Iw. 
 
 Curtesy. — Br statute, husband is entitled to use of deceased wife's ves^ 
 estate, during his life. He may sell and convey his life interest, and when he 
 does not claim it as homestead, it may be sold on execution against him. 
 
 Deeds. — All persons imder no legal disability, may convey their lands or 
 any interest therein, by deed in writing, attestt'd by one witness ; and incase 
 the conveyor cannot write, by two witnesses, who must subscribe their names 
 as such. 
 
 A married woman over eighteen j'cars may join her husband in a convey- 
 ance, or if it is of her own property, and he is a non-resident, or under two 
 
 [Ala. 7.]
 
 24 ALABAMA. 
 
 years' sentence for crime, or tliey are living separate and apart under separa- 
 tion agreement, she may convey without him. If they are living together, 
 they must join, to convey the v^fife's separate estate. 
 
 In a sale of the homestead, the husband and wife must join, and she must 
 be examined separate and apart from her husband, acknowledge that her 
 joining in is her own free and voluntary act, without fear, compulsion, threats 
 or constraint of her husband, in order for it to be valid ; which acknowledg- 
 ment must be certified by the officer taking it. 
 
 Deeds nuist be recorded in the probate court of the county in which the 
 land or interest therein lies. 
 
 Form of Warranty Deed. 
 
 State of Alabama, } ^^ 
 County of . S 
 
 Know all men by these presents : That , for and in consideration of 
 
 the sura of ■ dollars, to , in hand paid by , the receipt whereof 
 
 • do hereby acknowledge, have granted, bargained and sold, and by these 
 
 presents do hereby grant, bargain, sell and convey unto the said heirs 
 
 and assigns, the following described real estate situated in the county of 
 , and state of Mabama, to-wit: 
 
 To have and to hold the afore-granted premises to the said heirs 
 
 and assigns forever. And do covenant with the said heirs and as- 
 signs, that lawfully seized in fee of the afore-granted premises : that 
 
 free from all encumbrance ; that a good right to sell and convey 
 
 the same to the said heirs and assigns ; and that will warrant and 
 
 defend the premises to the said heirs and assigns forever, against the 
 
 lawful claims and demands of all jiersons. 
 
 In witness whereof, have hereunto set • hand and seal, this, the 
 
 day of , in the year of our Lord, one thousand eight hundred 
 
 and eighty . 
 
 Signed, sealed and delivered in the presence of ) ^ ^ 
 
 {Officer's Signature,) S ^ -' 
 
 Form of Certificate of Married Woman s Acknowledgment. 
 
 State of Alabama, } 
 County of . ^ 
 
 I, , a notary public (or other officer as the case may be, ) in and for 
 
 said county atad state, hereby certify that on the day of , 18 — , came 
 
 before me, the within-named , known (or made known) to me to be the 
 
 wife of the within-named , who being by me examined separate and 
 
 apart from her husband, touching her signature to the within , acknowl- 
 edged to me that she signed the saiiie of her own free will and accord, and 
 without fear, constraint or threats, on the part of her husband. 
 
 In witness whereof, I have hereunto set my hand on this day of 
 
 18—. 
 
 {Signature and style of officer.) 
 
 ■* 
 
 Descent and Distribution. — Real estate, subject to the payment of debts 
 and dower, descends as follows : 
 
 To cliilih-en and their descendants, in equal parts. If no children, nor 
 their descendants, to the brothers and sisters of the intestate and their de- 
 scendants, in equal parts. If no children nor their descendants, and no 
 brothers and sisters nor their descendants, then to the father, if living, and 
 if he is dead then to the mother. If none of the latter, then to the next of 
 km to the intestate in equal degree in equal jiarts. If none of the latter, to 
 [Ala. 8.]
 
 ALABAMA. 25 
 
 the husband or wife of the intestate, and if no husband or wife, it escheats 
 to the state. The lineal (U'scendants in ec^ual degi-ee represent their ances- 
 tor, i. e., the childi-en of a deceased child, brotlier or sister, are entitled to 
 inherit in eciual parts tlie same share which such deceased child, brother or 
 sister woukl have iuiierited if living. 
 
 Tlie degree of kindred is computed by the civil hiAV. No distinction is 
 made between tlie wliole and half blood in the same degree, unless the in- 
 heritance came to the intestate by descent or devise or gift from .'■ome of his 
 ancestors : in that case, those mitof tliat ancestor's blood are excluded from 
 the inheritance as against those of tlie same degree. Postliumous children 
 inherit as if born in intestate's lifetime. 
 
 Depositions. — On oath that a witness in a civil cause is material and re- 
 sides more than one hundred miles from the i)laee of trial, or out of the 
 state, or that a material part of the plaintilf's or defendant's case depends 
 on his testimony ; or is a married woman, or that the witness is unable from 
 age, infirmity or sickness, to attend the trial ; or is about to leave the state 
 and will probably not return till after the trial ; or where the witness is the 
 governor of the state, the treasurer, auditor, chancellor, judge, clerk, i-egis- 
 ter in chancery, or sheriff of a court of record ; or the president, director, 
 or other officer, of a bank incorporated in this state ; or a postmaster, or 
 other officer of the United States, or a practicing physician or lawyer, or 
 person employed on a steamboat or other water craft or alxjut the engine or 
 other machinery of a railroad or plank road or a manufactory ; or the super- 
 intendent, secretary, treasurer, master of I'oad repairs, or conductor of a 
 railroad; a telegraph operator, or school teacher actually engaged in teach- 
 ing; or minister of tlie gospel in charge of a diocese, parish, church, district 
 or circuit; the deposition of the witness maybe taken. After the affidavit 
 is filed, and on filing interrogatories, cross-interrogatories may be filed in 
 five days after notice ; five days more are allowed for rebutting interroga- 
 tories ; then tlie clerk issues a commission, with interrogatories annexed, to 
 any commissioner he appoints — and he may ai)poiiit any person suitable — 
 who causes the witness to come before him, and administers the oath to 
 speak the truth, the whole truth, and nothing but the truth; the commis- 
 sioner reduces the answers to writing as they under the oath are given, and 
 certifies the same under hand and seal to the court issuing the commission. 
 His certificate shows that after he had written the answers down, he read 
 them over to the witness, who approved and subscribed the same as his tes- 
 timony ; that the commissioner had personal knowledge or i)roof of the 
 deponent's identity ; that he so subscribed it as his testimony in the cause in 
 the commissioner's presence ; and tliat the commissioner is not of kin nor 
 counsel to the parties in the cause, and has no interest in the event of 
 the suit. 
 
 In taking the answei's, the commissioner must use the language of the 
 witness as near as may be, and the certificate must show that he has so done. 
 Depositions can be taken in criminal cases by the consent of the accused. 
 
 Forms for taking Depositions. 
 
 No particular form of notice is required. Any proper writing, signed by 
 counsel, requiring notice of time and place of taking. This applies to the 
 practice generally in use, in relation to notice, counsel using their own 
 phraseology to inform the other side of any desired fact. 
 
 Deposition of , a witness sworn and examined under and by virtue of 
 
 a commission issued out of the court for county, state of Alabama, 
 
 in a certain cause therein depending, wherein is ]ilaintiff, and de- 
 fendant. And the said , the witness named in said commission, being 
 
 [Ala. 9.]
 
 26 ALABAMA. 
 
 first duly sworn to speak the truth, the whole truth, and nothing but the 
 truth, doth depose and say as follows : 
 
 To tlie first interrogatory he saith : 
 
 To the second interrogatory he saith : 
 
 To the first cross-interrogatory he saith : 
 
 When finished witness signs, and certificate of commissioner is added. 
 
 CERTIFICATE TO DEPOSITIOKS. 
 
 I, the ccmimissioner named in said commission, hereby certify that I caused 
 
 to come before lue, at , t)ie witness, ; that he was duly sworn and 
 
 examined, and that his evidence was taken down, as near as may be, in his 
 own language ; that it was read over to him and subscribed by him in my 
 presence ; that I have personal knowledge of the ideiitity of said witness (or 
 proof of his identity has been made), and that he is the person named in 
 said interrogatories and commission annexed, and that I am not of counsel 
 or kin to any of the parties to the cause, or in any manner interested in the 
 
 result of the same. As witness my hand and seal, this day of 
 
 A. D. 18 — . 
 
 Coinmissioner. 
 
 Deposition is then sealed with three seals, and commissioner writes his 
 name on each of tliese seals. Not only forms, but printed instructions, ac- 
 company all commissions issued from the courts of Alabama. 
 
 Divorce. — Chancery court has jurisdiction. Grounds are adultery, impo- 
 tency, voluntary abandonment from bed and board for two years next before 
 bill filed, two years' imprisonment in penitentiary on sentence for seven 
 years or more, crime against nature with man or beast before or after mar- 
 riage, in favor of wife for husband's habitual drunkenness if not existing 
 and within her knowledge at the marriage, in husband's favor for wife's 
 pregnancy at marriage without his agency or knowledge, in wife's favor for 
 husband's actual violence attended with danger to her life or health orwhen 
 from his conduct there is reasonable apprehension of such violence against 
 her. During suit, court makes allowance out of husband's estate for wife's 
 support, regarding the estate and condition in life of the parties. Divorce 
 being granted, if wife has no sei)arate estate or it is insufficient to maintain 
 her, chancellor decrees allowance for her su])port out of husband's estate, 
 considering its value, and the family's condition in life ; if granted for hus- 
 band's misconduct, the allowance is as liberal as the estate and family con- 
 dition in life permits. 
 
 Decree against wife for her adultery bars her dower or distributive share 
 in husband's personal estate. Divorce deprives husband of all control over 
 wife's separate estate. The children are given to either parent, regard being- 
 had to their age and sex, and to the jirudence and moral character of the 
 parent. 
 
 If the divorce is granted for voluntary abandonment, complainant must 
 have resided in the state three years next before filing the bill. 
 
 Dower. — The widow is dowable of all lands of which the husband was 
 seized in fee during the marriage, or which anotlier held in fee to his use, or 
 to which he had perfect eipiity, having ])ai(l ]iurchase money. If husband 
 dies leaving solvent estate but no lineal descendants, widow gets one-half 
 his lands for life ; if estate is insolvent, or he leaves lineal descendants, she 
 gets one third for life. Widow relinquislics dower by joining her husband 
 in a conveyance attested by two witnesses or duly acknowledged ; or after a 
 conveyance by husband, by a written instrument so attested or acknow- 
 ledged. 
 
 Evidence.— All ])ersons are competejit witnesses, except those of unsound 
 mind, cliildren vnider ten not sulficiently intelligent to relate the facts ac- 
 [ Ala. 10.]
 
 ALABAMA. 27 
 
 curately or having no proper sense of accountability, and Indians, or those 
 having lialf or more indian blood, in cases where Avhite persons are parties. 
 Husband and wife cannot testify against each other, neither during nor after 
 marriage, as to cunhdential matters occurring during the marriage. Inter- 
 est does not disqualify; but a party cannot testify against the other to a 
 suit, as to transactions with or statements made by a deceased person wliose 
 estate is interested, or when such deceased at the time of the transaction or 
 statement actad in representative or fiduciary relation to the party against 
 whom the evidence is sought to be introduced. Code, § 3058. 
 
 Executions. — Writ of fi. fa. is a lien only within the county in which it is 
 received by the officer, on lands and personalty of defendant .'iubject to levy 
 and sale, and continues so long as writ is regularly delivered to the sheriff 
 without the lapse of an entire term. Executions issued from circuit courts 
 and city courts, when the court continues in session but one week, within 
 ten days adjournment, but may be issued when it continues two weeks, 
 within fifteen days ; and when it continues three or more Aveeks, within 
 twenty days ; justices after five days, returnable in not less than thirty nor 
 more than sixty days. May be issued instanter on affidavit of i)laintiff or 
 his agent that he is in danger of losing the fruits of his judgment. Execu- 
 tion in sheriffs hands when defendant dies, may be levied after the death, or 
 alias may issue and levy be made, provided no la^Jse of an entire term. 
 Code, g 3210. 
 
 Executors. — ( Sec Administration. ) 
 
 Exemptions. — The homestead of one hundred and sixty acres in the coun- 
 try, or in a city, town or village, the lot, with dwelling, etc., not exceeding 
 $2,000 in value, and owned and occupied by any resident, or if leased and 
 vacated it must n(jt be for a longer term than one year. Exemption may be 
 waived, but wife must sign a separate instrument, and it must be acknowl- 
 edged. Any person may, by stipulation in writing, waive whole or any spe- 
 cific part of exemption of personalty, without the consent of wife. Personal 
 property to the value of $1,000, selected by debtor, and wages to $35 per 
 month, are also exempt. Widow's exemption includes also, wearing apparel, 
 family books and pictures, and provisions for twelve months. Exemptions 
 to be good against real estate must be executed by husband and wife on 
 separate papers. 
 
 Factors. — When selling or disposing of property of others, factors who 
 refuse, for three days after demand by the owner or person for whom they 
 sell, his agent or attorney, to pay over the proceeds, may, on conviction, be 
 fined not over $1000, and imprisoned in county jail or sentenced to hard labor 
 for county, not more than six months. Factors who take cotton from bale 
 with intent to defraud, or knowingly authorize or permit another to do so, 
 must on conviction, be fined from 650 to $1000, and may be imprisoned in 
 county jail, or sentenced to hard labor for county, not over twelve months, 
 § § 4387, 4391. Those guilty of unlawlul saraijling or removing cotton, or 
 paying other than money for sampling cotton, shall, on conviction, be fined 
 $50 to $1000, for each offense, half of which goes to the informant, and 
 here ownership of cotton need not be alleged or proved ; those fraudulently 
 exhibiting false samples of cotton, article or commodity, av hereby any one is 
 injured, must, on conviction, be fined not less than $50, or sentenced to hard 
 labor for county, not over six months, or so imprisoned in county jail. 
 
 Those who fraudulently convert samples of cotton to their own use, or re- 
 fuse to deliver it on demand, to tlie owner, consignee or agent, within thirty 
 days, unless it has been destroyed, stolen, withovit his agency, or taken from 
 his possession by legal process, must, on conviction, be fined $50 to S500, and 
 may be imi>risoned in county jail or sentenced to hard labor for the county 
 not over six juonths. 
 
 [Ala. ll.J
 
 28 ALABAMA. 
 
 raise Pretence. — Whoever by false pretense or token, and with intent to 
 injure or defraud, obtains any money, personal property, or goods, or money 
 on credit, under false color or pretense of carrying on business, or under 
 false representation of his pecuniary condition, with intent to defraud, or who 
 brings into this state money, property, or goods, so obtained, shall on con- 
 viction, be punished as for stealing the same ; and may be indicted and tried 
 in county of his residence, or in any into which he brings or cavises to be 
 brought, such money, goods, or chattels. 
 
 "Who, l)y false personation of another with intent to injure or defraud, ob- 
 tains or receives any property intended to be delivered to the person he per- 
 sonates, shall be punished, on conviction, as though he bad stolen it. 
 
 Anycontractor or sub-contractor who buys materials on credit, representing 
 that they are to be used in a designated building or improvement, and uses 
 or suffers the same to be used in anotlier building or improvement without 
 first informing him from whom he piirchased them, or who shall make false 
 or fraudulent representation or list to the owner, when requested under Code, 
 § 3458, shall, on conviction, be fined not less than $50. Code, §§ 4370, 4373, 
 as amended by Acts '85, and g 4371. 
 
 Frauds, Statutes of. — All deeds of gift, or conveyances, transfers, and 
 assignments, verbal or written, of goods, chattels, or things in action, made 
 in trust for the use of the person making the same, are void as against credi- 
 tors, existing or subsequent, of such person. 
 
 In following cases every agreement is void unless it or a note or memo- 
 randum of it, expressing the consideration, is in writing, subscribed by the 
 party to be charged, or another thereunto by him lawfully authorized in 
 writing. 
 
 Every agreement by its terms not to be performed in a year from its making; 
 special promise by executor or administrator to answer damages out of his 
 own estate ; special promise to answer for debt, default or miscarriage of 
 another ; every agreement, promise, or undertaking, made in consideration 
 of marriage (mutual promises to marry excepted) ; every contract for the 
 sale of lands, tenements, hereditaments, or any interest therein, except leases 
 for not over a year, unless the purchase money or part of it be paid and the 
 purchaser be put into possession of the land by the vendor. 
 
 When lands, tenements, hereditaments, are sold or leased at public auction, 
 and the auctioneer, his clerk, or agent, makes a memorandum of the property 
 and its price, sold or leased, the terms, name of purchaser or lessee, and 
 name of him on whose account sold or leased, such memorandum is a note of 
 the contract. §§ 2121-2, Code. 
 
 All conveyances or assignments made with intent to hinder, delay, defraud 
 creditors, are void as against creditors or purchasers to be, or against others 
 who are injured thereby. 
 
 Garnislinieilt.— After siimmons and complaint have issued, if the plaintiff, 
 his attorney, or agent, makes affidavit that a i)erson or cori^oration named 
 are supposed to be indebted to defendant, and that he believes the process of 
 garnishment is necessary to secure payment of the debt sued for, garnish- 
 ment may issue by the clerk against such i^erson or corporation, or thejilain- 
 tiffs' giving bond as in attachment cases. 
 
 On same affidavit, garnishment may issue on a judgment upon which exe^ 
 cution can issue, returnable instanter if in term time, or, if not in term time, 
 to the next term, without the giving of bond. 
 
 If garnishment issues in term time, returnable forthwith, the garnishee 
 must answer immediately, and judgment maybe rendered on his answer if he 
 admit indebtedness. 
 
 If the garnishee fail to appear, judgment nin goes against him. If he fail 
 to answer at next term after notice served, judgment is made absolute for 
 want of answer. 
 [Ala. 12.]
 
 ALABAMA. 29 
 
 If not in term time, notice of garnishment issues to defendant. § § 3218- 
 19, and Acts '80-7. 
 Attachments may by served by sunimouing garnishee. 
 
 Grace. — (See Bills of Exchange and rromissory Notes.) 
 
 Homestead. — {See Exemptions.) 
 
 Insolvent Laws. — There are no insolvent laws in Alabama, except as to 
 proceedings in insolvent estates, for which see administration. 
 
 Interest and Usury. — The legal rate of interest is eight per cent. A 
 greater rate, for the loan of money or forbearance of goods, money, things in 
 action, or on any contract whatsoever, is nsvirious and pleadable in defense. 
 If plea holds good, party charging it forfeits all interest, and the other party 
 recovers full costs. §3130. Usurions interest on a contract is not recover- 
 able ; if paid it must be deducted from the princii^al. § 2093. 
 
 Any individual banker who discounts any note, bill of exchange or draft, 
 at a higher rate than eight per cent, per annum, not including the difference 
 of exchange, is guilty of a misdemeanor. § 4435. 
 
 Judgments and decrees bear interest from the date of rendition, at eight 
 per cent, no matter what rate was agreed on in the contract. 
 
 Where partial payments are made, interest is paid first and the balance of 
 the payment is applied to the princii^al. 
 
 Judgments. — Judgments are proved by a certified transcript, and are not 
 regulated by statute. Where service has been perfected by leaving a coi)y 
 of the summons and complaint with the defendant twenty days or more 
 before the return day of the process, judgment may be rendered at the first 
 term to which the summons is made returnable, where the contract sued on 
 was made since the 25th of July, 18G5 ; where the contract sued on was made 
 prior to such date, the first term is made the return term ; the second, ijlead- 
 ing or appearance term, and the third, trial term. If the term of the court 
 is more than one week, the defendant must, within the first three days of the 
 term, file plea or demurrer to the complaint, and the replication thereto 
 must be filed within three days thereafter, unless the time is enlarged by or- 
 der of the court. If the term is for one week only, the defendant pleads in 
 the first two days, and the issue is made up in the two days succeeding. In 
 justices' courts, which are not courts of record, and which have jurisdiction 
 in civil cases to the amount of one hundred dollars, judgment may be had 
 after three days' notice, but it must be at a regular term. 
 
 If execution issued in time prescribed by law, it can issue again at any 
 time in ten years after tests of the last execution, without revival. If exe- 
 cution does not issue on the judgment or decree of a chancery, circuit or 
 probate court, in a year after rendition, the judgment must be revived by 
 sci.fa., if defendant is resident, by publication if non-resident. If ten years 
 from the rendition have elapsed without issue of execution, or if ten have 
 elapsed without issue of execution, or if ten have elapsed since the date of 
 the last execution, the burden of proving non-satisfaction rests on the plain- 
 tiff. Judgments cannot be revived after the lapse of twenty years from ren- 
 dition. If the plaintiff dies and the judgment is unsatisfied, execution may 
 issue in the name of the deceased personal representative or his successor, 
 without revival. Judgment may be revived in the name of an assignee after 
 plaintiffs death. §3173, et seq. Judgments are liens for ten years when 
 certified copy of same are recorded in the probate court of the county where 
 the property involved lies. 
 
 Justices of the Peace. — Two are elected for each precinct in the county 
 by qualified electors. They have civil jurisdiction of detinue and debt not 
 exceeding $100, in actions for damages not over $50. They have jurisdiction 
 
 [Ala. 13.]
 
 30 ALABAMA. 
 
 for the recovery of stolen or embezzled goods and of violation of road laws, 
 § 4028. But have no jurisdiction of slander or libel. 
 
 The f-overnor may appoint one notary public for each election precinct in 
 countyf and one for each ward in cities of over 5,000 inhabitants, with ex- 
 ofBcio powers of justices, and they have jurisdiction of justices of the peace 
 in the wards for which appointed. 
 
 They hold monthly terms, fixed by themselves, but may in emergency 
 have i)rocess returnefl earlier, in which case judgment maybe rendered after 
 three days' notice. Justices have also jurisdiction of forcible entry and un- 
 lawful detainer. 
 
 Landlord and Tenant.— The landlord has a preferred lien on crops of 
 tenant to secure payment of rent and advances made for purpose of making 
 crop, and may enforce the same by attachment when the crop or a part of it 
 is removed from premises without his consent. Acts, 1882-83, p. 175, Code, 
 ^ 3467. Also has lien on furniture and stored goods and etfectsof tenant, for 
 payment of rent of houses. Acts 1884-5, p. 131. The landlord's assignee 
 has the same rights. 
 
 Leases. — (See Statute of Frauds.) 
 
 License. — Is required inider the Alabama revenue laws, for sale of liquor 
 in cities, towns, on steamboats and other water craft. Must be paid also by 
 compounders and rectifiers, brewers, pawnbrokers, peddlers, itinerant auc- 
 tioneers, keepers of bowling alleys, billiards, pool, bagatelle, theatres ; 
 lichtning-rod agents, sewing machine companies, mercantile agencies, cir- 
 cuses, nienageries, side show, legerdemain dealers ; concerts not charitable, 
 shooting galleries, fortune telling, skating rinks, gypsy trading, trading 
 boats, etc., etc. 
 
 Liens. — See Landlord and Tenant. — Mechanics, contractors, and every 
 person, including laborers, and employees of railroad comj)anies and agri- 
 cultural laborers, blacksmiths, wood workmen, etc., have a lien on whatever 
 they work on, for work and labor done and material furnished. Code, pp. 
 779-83. There is also a lien on ships, steamboats and other water craft fur- 
 nished, supplied, or victualed within this state for work done and materials 
 furnished, for wages of master, laborers, stevedores, shipkeepers, § 3465. 
 
 Limitations of Suits or Actions. — Of the state against a citizen, for real 
 •or personal property, and actions on judgments or decrees of state or United 
 States courts, twenty years. Actions on sealed contracts, for recovery of 
 lands, etc., motions, etc., against sheriffs, coroners, constables, and other 
 public officers, for non, mis, or malfeasance, ten years. Actions for tres- 
 pass to person, liberty, or property, for detention or conversion of personal 
 property, on unsealed written promise, for recovery of money loaned or on 
 stated or liquidated account, for arrears of rent on parol demise, for use and 
 occupation, motions, etc. against sureties of sheriff, coroner, constable or 
 any other public officer, against sureties of executors, administrators, guar- 
 dians, for misfeasance or malfeasance of principal, against attorneys-at- 
 law, actions based on any judgment before any justice in Alabama, ac- 
 tions arising from simple contract or any specialty not already mentioned, 
 six years. Actions founded on equity oi redemption, of lands sold under 
 decree in chancery, etc., five years. Actions against surety to writ of error, 
 appeal, replevin, or forthcoming, bond, executed in any court in the 
 United States, but not of Alabama, four years. On open or unliquidated ac- 
 count, three years. For wnmgful act or omission causing death of testator, 
 or intestate, §2641, two years. For malicious prosecution, criminal conver- 
 sation, seduction, breach of jiromise of marriage, qui tarn actions, for libel, 
 slander, against steamboat or other water craft commenced by attachment, 
 for injury to person or rights of another not arising from contract; under 
 [Ala. 14.]
 
 ALABAMA. 31 
 
 §2899 by father or mother against corporation or private association for 
 wrongful act of officer or agent, causing ilcath of minor child, one year. 
 
 Where right of entry exists, it is presumed to have been exercised ; the 
 right is not tolled l)y a descent cast. Time of absence from state by party 
 suable, is deducted from the time since the action accruetl. Tliree years are 
 allowed infants, married women, except as to separate estate, the insane, or 
 prisoners for crime for less than life term, after removal of disability. Suits 
 barred in other states for causes of action accruing there, are barred in Ala- 
 bama. But current accounts between merchant and merchant, their agents 
 and factors, are not limited. 
 
 Time is reckoned from the last item of mutual accounts between persons 
 not merchants, except where the account is liquidated and a balance struck. 
 A partial payment before claim barred, or an miconditional promise in writ- 
 ing, removes a bar. Where demand is necessary, time runs from act, etc., 
 giving right of action. In actions on acecmnt of fraud, time runs from dis- 
 covery of fraud. Six months between death and grant of letters, etc., are 
 not computed at all, nor the six months during which executors, etc., are 
 exempt frmn suit. 
 
 Time for commencement of limitation of principal against his deputy or 
 agent, does not accrue till liability of principal is ascertained by suit. And 
 the time during which an injunction holds is not computed, but when limi- 
 tation once begins to run it is never suspended, except otherwise expressly 
 ])rovided by statute. All disabilities must first cease. No civil action can 
 be brought after twenty years from the accrual of its cause. 
 
 Limited Partnerships. — Are formed for mercantile, mechanical, manu- 
 facturing, but not for banking or insurance purposes. §2063. 
 
 Special partners are liable for concern debts only to extent of funds put in 
 by each. General partners are liable jointly and severally for total partner- 
 ship debt. Latter alone manage the business ; subject to inspection and indi- 
 vidual or legal advice, by special partners; general alone sue and are sued. 
 
 To form, parties sign certificate, giving partnership name ; names of special 
 and general partners, distinguishing them, and giving their residences ; 
 amount each special partner puts in ; date of commencement and termination; 
 and general nature of business. They acknowledge if before a supreme, 
 circuit, or probate judge ; certificate and acknowledgment are filed and re- 
 cordedin probate court, of county containing principal business place. If 
 business places in different counties, certified copy of certificate and ac- 
 knowledgment must be so recorded in each such county. 
 
 At filing of certificate and acknowledgment, one or more general partners 
 file affidavit that each special partner has in good faith paid his subscription 
 in cash. Till these things done, no partnership. § 2070. 
 
 Any false statement in certificate or affidavit renders all liable as general 
 partners. 
 
 Terms of partnership are immediately published six successive weeks in 
 two newspapers named by probate judge ; else, partnership becomes general. 
 Printer's affidavits filed, evidence publication. 
 
 Above rules govern renewals likewise. Any alteration whatever, without 
 renewal, renders partnership general. Use of special partner's name makes 
 him general. 
 
 Special partner can draw out only interest and profits ; principal is never 
 reduced, or else is restored. 
 
 On insolvency, etc. , no preference to any creditor can be given by assign- 
 ment, judgment suffered, lien, credit, or security given. Such would be 
 void ; and by so doing or even assenting thereto, special partners become 
 general. 
 
 Special partners can not claim as creditors, in banckruptcy, etc., till all 
 other creditors are paid. 
 
 Dissolution before end of term fixed is impossible without three weeks 
 publication, etc., in county newspaper, 
 
 [Ala. 15.]
 
 32 ALABAMA. 
 
 Married Wo men. — Under the acts of the general assembly of 1886--7. a 
 mariifcl woman is practically a free dealer. 
 
 All her property held before marriage, or acquired thereafter in any manner,, 
 is her separate property, and not subject to husband's liabilities. So are her 
 earnings, but she is not entitled to comijensation for services rendered to or 
 for her husband or family. Also, damages recovered for injury to her person 
 or reputation are her separate property. 
 
 The husband is not liable for her engagements or debts made before mar- 
 riage, or her torts before marriage, but she is as if sole. Nor even after mar- 
 riage, unless lie participate in them. 
 
 With her husband's concurrence or assent, in writing, she has full capacity 
 to contract in writing as if sole. 
 
 She }nust sue alone, at law or in equity, on all her contracts, or to recover 
 her separate property, for injuries to it, its rents, incomes or profits, or 
 injuries to her person or reputation. And must be sued as if sole, on all her 
 contracts, engagements, or for her torts. 
 
 If husband is of sound mind, and has not abandoned her, or is not non- 
 resident of Alabama, or not imprisoned vmder conviction for crime for over 
 two years, wife cannot alienate her lands or any interest therein, without his 
 joining, as prescribed for execution of conveyances of land. Otherwise, she 
 can, as if sole. But her personal property or any part of it may be anywise 
 disposed of by the husband and wife by parole or otherwise. If he live apart 
 from her without her fault, or if he be of unsound mind, she may dispose of 
 it as if sole. 
 
 They may contract with each other ; but she shall in no way be surety for 
 him. Such contracts, however, are subject to rules governing contracts in 
 confidential relations. 
 
 With his express or written consent, filed and recorded in office of probate 
 judge of county of their residence and that in which the business is conducted 
 she may carry on any lawful business as it sole. If he is of unsound mind, 
 or has abandoned her, or is a non-resident of Alabama, or is imprisoned under 
 conviction for crime, his consent is needless. 
 
 All her property, acquired by descent or inheritance, gift, devise or bequest, 
 contractor conveyance, or by gift from a contract with the husband, is her 
 separate property ; save and except property conveyed to an active trustee 
 for her benefit. See Acknowledgments, Homestead, Exemptions, Descent and 
 Distribution, Divorce and Alimony. 
 
 Mechanics' Liens. — See Liens. — This is a preferred lien. Original con- 
 tractors within six months, journeymen and day laborers within thirty days, 
 everyone else in four months, after indebtedness accrued, must file in probate 
 office of county where property is, their just and true account or bill, after 
 all just credits made, and true discriptions of the property, near enough to 
 identify it, and name of owner or contractor, or both if known : all verified 
 by oath. But svich claim of a laborer, sub-contractor, or material-man, is 
 lien as to unpaid balance only, in hands of owner or proprietor at and after 
 notice given. Probate judge endorses filing on account, keeps abstract book, 
 etc. 
 
 Complaint states facts necessary to give lien, and proceedings to enforce 
 practically same as in other cases. Actions commence in ninety days after 
 filing of verified account ; persons other than original contractor, wishing ta 
 avail of this lien, must give ten days' notice before filing lien, stating amount 
 due and on what account. This notice gives lien to extent of unpaid balance 
 due by owner, etc. 
 
 Lien is on building, improvements, etc., and land on which situated, to 
 extent of one acre; if in city, town, village, on the lot, building, etc., there- 
 on, and any unpaid balance due to contractor. 
 
 First lien is to contractor ; then to laborers and material-men, Mechanics^ 
 lien is superior to any encumbrance made after mechanics' work began. Lien 
 attaches for buildings, etc., oix leased lauds, and aJso on the leasehold term. 
 [Ala. 16.]
 
 ALABAMA. 33 
 
 Minors. — Necessary expenditures may l)e paid and charged against min- 
 or's distributive share in an estate. Minors can recover money voluntarily 
 paid under contracts not beneficial. Chancery court relieves of non-age, if 
 over eighteen and capable to manage his own business, and the infant must 
 file copy of decree in each county where he contracts, for record. Judgments 
 to enforce mechanics' liens bind infants as adults. Savings l>ank or associa- 
 tion may pay a minor his deposits, and be discharged, as to adult. 
 
 Males at seventeen, females at fourteen, car. marry. But if never 
 before married and respectively under twenty-one and eighteen, parent or 
 guardian must consent. 
 
 A minor may practice law, but cannot plead infancy to any liability in- 
 curred in practice. In three years after attaining majority minors may file 
 bill of review. They sue by next friend, and defend by guardian. The 
 guardian may sue in his own name. Married women, thovigh minors, may 
 relinquish dower. 
 
 Guardians of minors are appointed by probate judge, and the minor if 
 over fourteen, may nominate; guardian must be appointed if minor has an 
 estate, and the father, if suitable, has preferenc^e. Guardian may be appoin- 
 ted by father's will, but mother has custody till minor is fourteen. Guar- 
 dian of estate of non-resident minor may be appointed by probate court of 
 county where property is. Guardians ad litem are aijpointed where neces- 
 sary. 
 
 Mortgages of Real Estate. — See Deeds. — Are executed and acknowledg- 
 ed in the same<manner as deeds. Usually they contain a power of sale au- 
 thorizing foreclosure without the intervention of a court, by publication of 
 a notice. They may be foreclosed upon failure to pay any portion either of 
 principal or interest, if there be a provision in the mortgage to that effect. 
 They may be also foreclosed by bill in equity. There are two years for re- 
 demption allowed in each case. A woman cannot mortgage her statutory 
 separate estate, for the purpose of subjecting it to sale for the payment of 
 her husband's debts ; (but she can bind her contract, or equitable estate, in 
 equity by signing any note or obligation.) There is no statute as to how 
 mortgages shall be discharged, being governed by common law. 
 
 Any person of sound mind and twenty-one may mortgage real estate. 
 Mortgages or instniments in the nature thereof, made to secure debts created 
 at the date thereof, must be recorded in thirty days to be good against pur- 
 chasers for valuable consideration, mortgagees and judgment creditors hav- 
 ing no notice thereof. Acts, 1886-7, p. 147. Mortgages made to hinder, de- 
 lay or defraud creditors, except of exempt property, are void. So are those 
 reserving benefits to grantor against creditors. On decree of foreclosure, if 
 debt is unsatisfied, decree for execution may be obtained. Mortgagees are 
 required to enter satisfaction or credits, on notice, under penalties. Selling 
 or disposing of mortgaged property is indictable. — {See Chattel Mortgages.) 
 
 Notes and Bills of Exchange. — {See Bills of Exchange and Promissory 
 Notes.) 
 
 Oaths and Affidavits. — {See Affidavits.) 
 
 Partnership. — Use of former partner's name is misdemeanor. Denial of 
 
 instrument sued on, purporting to be executed by partner, must be under oath. 
 Otherwise it is admissible in evidence without proof. In a suit brought by 
 partners, plaintiff must not be required to prove existence of partnership, 
 nor the individual names of the firm, unless denied under oath. A partner- 
 ship may be sued by the firm name, but the judgment binds only the joint 
 property of the associates. Any associate or his legal representative maybe 
 sued for the obligation of all. Individual members are bound for whole lia- 
 bility. 
 
 Promissory Notes.— (5ee Bills of Exchange and Promissory Notes.) 
 
 [Ala. 17.]
 
 34 ALABAMA. 
 
 Practice. — See Appeals, Depositions. — Is regulated by statute, rules of 
 supreme and other courts. lu circuit court, if summous and complaint are 
 executed twenty days prior to first day of term, suit stands for trial at first 
 term. Complaint is concise statement of cause of action, and signed by at- 
 torney. A copy thereof is delivered, with the summons, to defendant in 
 person. Pleading is simplified, right of amendment large and liberal. Sta- 
 tutes regulate rehearing and new trials in vacation ; grounds must be acci- 
 dent, mistake, fraud, without party's fault asking it. Only two new trials 
 allowed in any court to either side. Two non-suits are equivalent to a ver- 
 dict for defendant. 
 
 Prool of Claims. — See Affidavits — In the administration of trusts, chan- 
 cery court prescribes time in which to file claims, and directs accounts to be 
 taken by the register at time fixed by him, at which all claims are audited. 
 If claims when filed are properly verified and no objection made to them, no 
 further proofs of them is required. 
 
 In settlement of insolvent estates in probate court, if no objection is filed 
 to allowance of claim, it must be passed and allowed its pro rata. 
 
 Guardians, executors, administrators, settling in probate court, are re- 
 quired to prove vouchers for which they ask credit. 
 
 Recording. — See Deeds. — Deeds, mortgages, deeds of trust, conveyances, 
 which are instruments of title, are required to be recorded in probate court 
 of county where ijroperty is, and are admissible in evidence withoiit further 
 proof if properly acknowledged and recorded in twelve months from date. 
 If so recorded, and properly executed, certified copy is admissible in evi- 
 dence. Deeds of trust, as mortgages of realty, must be recorded in thirty 
 days. To render a judgment a lien, in any county, the clerk's certificate, 
 showing amount, date, costs, parties, attorneys of plaiutift', must be re- 
 corded in the county where the property is. 
 
 Redemption. — Real estate sold by the sheriff" on decree of court under any 
 deed of trust or mortgage, may be redeemed in two years after date of sale, 
 provided possession was delivered to the purchaser or to his vendee in ten 
 days after tlie sale. To redeem, the debtor must tender or pay to the pur- 
 chaser or his vendee the purchase money, with ten per cent, per annum 
 thereon, and all other lawful charges ; this reinvests the debtor with title, 
 and the purcliaser, if he received a deed, must reconvey, but at debtor's cost. 
 Creditors who, without fraud or collusion with the debtor, obtain judgment 
 before sale, or before redemption time has expired, may redeem land by ten- 
 dering or paying the amount bid therefor and ten per cent, thereon per an- 
 num with all lawful charges, and offering to credit bona fide subsisting 
 iudo-ment with an amount equal to ten per cent, of amount originally bid. 
 If the mortgagee is himself the purchaser, the mortgagor may in reasonable 
 time dissent from the sale, off"ering to pay mortgage debt and interest, and 
 mortgagee must account for rents. If parties disagree as to value of im- 
 proveincnts, statute provides arbitration. If the mortgagee refuse to appoint 
 an arbitrator he forfeits his rights as to value of improvements. If the 
 mortgagor refuse, he must pay for improvements. 
 
 Replevin. — AVe have no action of replevin ; our statutory detinue is equi- 
 valent thereto. When perscmal property is levied on by attachment, it may 
 be replevied, ^ o2Sl), by execution. §o043 ; Avhen taken under writ of detinue, 
 ^ 2943, on giving bonds prescribed by these statutes. Also in trial of right 
 of property, § 3341. Detinue is an action for recovering specific property. 
 Here its value is assessed, so as to have execution therefor, if the property 
 is not returned. 
 
 Revenue. — The laws, changing with each legislature, and the subjects of 
 revenue, are too extensive for presentation here. 
 {Ala. IS.l
 
 ALABAMA. 35 
 
 Revision. — See Appeals. — Constitvition 1875, Art. 4, § 46, reqviires general 
 a^<selnbly to provide every ten years for revision, etc., of public statutes of 
 j^eneral nature, civil and criminal. This revision, etc., is published this 
 year, 1887. 
 
 Revivor. — See Supjjlementary Proceedings and Judgments. — In proper 
 c;ises, bills supplementary, and of revivor, may be filed to continue former 
 .suit abated, and to briny in other parties, setting up settlement, devise, or 
 other act, etc., aflecting rights of original parties, etc. 
 
 Seal. — Secretary of state keeps great seal, used for authenticating state 
 documents ; and all public documents for use out of Alabama are authenti- 
 cated by the proper officers under hands and seals of office. 
 
 By statute, all writing purporting to be under seal on its face, is to betaken 
 as sealed, and has same ettect as if seals were actually affixed. 
 
 Conveyances need not be under seal. Composition of debts, in writing, 
 operates release without seal. 
 
 Security for Costs and Other Undertakings.— ('See Costs.) 
 
 Stay of Execution. — .Judgments rendered before a justice of the peace 
 may be stayed as follows ; by the production of good secvirity in the pay- 
 ment thereof, namely, on all sums less than twenty dollars, thirty days ; over 
 twenty dollars, for sixty days. If unpaid, execution issues against all parties 
 to such undertaking ; defendant can not stay the issue of execution from the 
 circuit court. The plaintiti' may do so, but he loses priority of lien, if other 
 liens in the meantime are obtained. The defendant, by executing bond in 
 double the amount of the judgment, and taking an appeal to the supreme 
 court, can delay the collection of the judgment until this affirmance by the 
 siipreme court, but for this he is compelled to pay legal interest and ten per 
 cent, damages, as well as all costs of the appeal. 
 
 Suits. — (See Actions.) 
 
 Supplementary Proceedings.— (^See Revivor.) 
 
 Taxes. — See License. — All property is assessed ad valorem. 
 
 VoW taxes are applied exclusively to free schools in the respective counties. 
 
 Power to levy and collect cannot be delegated to individuals or private 
 corporations. 
 
 The state is not allowed to create new indebtedness, except to repel inva- 
 sion or supi^ress insurrection, and then only by two-thirds vote of general 
 assembly. 
 
 The governor may negotiate temporary loans not exceeding 8100,000, to 
 meet treasury deficiencies. This does not prevent issuance of bonds in ad- 
 justment of existing state indebtedness. 
 
 General assembly cannot in any one year levy greater tax than three-fourths 
 of one per cent, of the value of taxable property. 
 
 No county can levy more than one-half of one per cent. County may levy 
 one quarter of one per cent, to pay debts of county and interest, provided 
 that, in order to pay debts or liabilities againjjt any county for erection of 
 necessary public buildings, the county may collect such special taxes as are 
 or may be authorized hy law. Property of i)rivate corporations, associations, 
 and individuals, are forever taxed at same rate. Religious, educational, and 
 charitable enterprises are not taxable. 
 
 Special provisions are made concerning taxation for city indebtedness. 
 
 Trust Deeds.— 5ee i)eefZs.— Married women like mortgages, they generally 
 contian power of sale, and this power is exercisable by the assignee or his 
 legal representative. (See Recording.) 
 
 [Ala. 19 ]
 
 36 ALABAMA. 
 
 Usury. — {See Interest.) 
 
 Wages. — See Liens. — Exemptions of laborers, employees, for personal 
 services, up to twenty-five dollars, are exempt from execution, garnishment, 
 etc. 
 
 Wills. — See Aliens, Administration. — Every person of sound mind and 
 twenty-one may devise by will his lands or any interest therein. Any one 
 over eighteen may thus disjjose of personal property. Property not willed 
 is disposed of as in case of intestates. 
 
 A will to pass real or personal property, must be in writing, signed by tes- 
 tator, or another for him in his presence and by his direction, attested by two 
 witnesses who subscribe in testator's presence. Unwritten wills of personal 
 property worth over $500, are invalid. 
 
 Wills should be probated in probate court of county of which testator was 
 an inhabitant, or in which he left property, if non-resident, to be effectual ; 
 they may be contested because testator was of iinsound mind, or were not 
 duly executed, for fravid, undue influence, or on other valid grounds. 
 
 Witnesses. — {See Evidence.) 
 
 [Ala. 20.]
 
 ALABAMA. 
 
 37 
 
 ATTORNEY'S IN ALABAMA. 
 
 Bold Face Type denotes count j' seats. A dash (— ) less than 100 population. 
 Figures after names, when admitted to the Bar. A star (*) Notaries Public. 
 A double dagger (X) our Compiler of Laws. 
 A dagger (t) former recommendation withdrawn. 
 
 Abbeville 
 
 Andalusia 
 
 Aiiuiston 
 
 AsMand 
 
 Ashville 
 
 Athens 
 
 Belletbiite 
 
 Bel Green 
 
 Birmingliam 
 
 Henry 
 
 Covington 
 
 Calhoun 
 
 Clav 
 
 St. Clair 
 
 Limestone 
 
 Jackson 
 
 Franklin 
 
 Jeiierson 
 
 Blount Spring 
 
 Blount 
 
 Blountsville 
 
 Blount 
 
 Brewton 
 
 Escambia 
 
 Butler 
 
 Choctaw 
 
 Calera 
 
 Shelby 
 
 Camden 
 
 Wilcox 
 
 Carrollton 
 
 Pickens 
 
 Centre 
 
 Cherokee 
 
 Centreville 
 
 Bibb 
 
 Clanton 
 
 Chilton 
 
 Clayton 
 
 Barbour 
 
 Collinsville 
 
 De Kalb 
 
 Columbia 
 
 Henry 
 
 Columbiana 
 
 Shelby 
 
 ComeUa 
 
 St. Clair 
 
 Courtland 
 
 Lawrence 
 
 Crawford 
 
 Russell 
 
 Cross Plains 
 
 Calhoun 
 
 Cullman 
 
 Cullman 
 
 Daphne 
 
 Baldwin 
 
 Dadeville 
 
 Tallapoosa 
 
 Decatur 
 
 Morgan 
 
 Demopolis 
 
 i\Iarengo 
 
 Easonville 
 
 St. Clair 
 
 Edwardsville 
 
 Clebuni 
 
 Elba 
 
 Coffee 
 
 Eufaula 
 
 Barbour 
 
 Eutaw 
 
 Greene 
 
 Evergreen 
 
 Conecuh 
 
 Payette C. H 
 
 Fayette 
 
 NAMES OF ATTORNEYS. POPULA N. 
 
 J. W. Foster. 1,500 
 
 Jno. E. Stanley. 297 
 
 J. J. Willett. 2,540 
 
 C. A. Stead. 387 
 
 J. R. Vandergrift. 400 
 
 W. R. Francis. 1,000 
 
 Hon. J. H. Norwood. 150 
 
 G. C. Ahnon. 150 
 
 John Vary. 2,800 
 
 See Card in Appendix, page 1. 
 FERGUSON & HOUGHTON, 
 
 ( Ferguson, F. S. 
 
 I Houghton, W. R. 
 
 B. Randolph. 500 
 
 • C. F. Hannill. 505 
 
 James M. Davison. 1,800 
 
 Glover & Carnathan. 240 
 
 H. L. OLIVER. '72 500 
 
 S. J. Cummiug. 1,000 
 
 M. L. Stansel. 349 
 
 J. L. jSIcComiell. 400 
 
 S. D. Logan. 200 
 
 Wm. A. Collier. 400 
 
 A. M. McLendon. 761 
 
 L. S. Nicholson. 300 
 
 Roper & Thomas. 700 
 
 J. L. Peters. 696 
 
 F. M. Thomason. 100 
 Hon. Jos. Wheeler. 518 
 J. M. Fuller. 124 
 W. J. Brock. 381 
 Parker & Brown. 286 
 {See Mobile.) — 
 H. J. Gillam. 1,000 
 E. W. Godbey. 1.070 
 
 G. G. Lvon. 1,389 
 S. P. McClellan. 100 
 Baber & Johnson. 467 
 W. D. Roberts. 222 
 E. H. :Merrill. 3,836 
 James B. Head. 1,101 
 Famham k Rabb. 800 
 JAMES J. RAY.* '81 400
 
 38 
 
 ALABAMA. 
 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OP ATTORNEYS. 
 
 popula'n. 
 
 Florence 
 
 Lauderdale 
 
 E. O'NEAL. '85 
 
 3,000 
 
 Fort Payne 
 
 De Kalb 
 
 W. J. Haroldson & Son. 
 
 400 
 
 Gadsden 
 
 Etowah 
 
 M. J. Turnley. 
 
 3,000 
 
 (Tainesvills 
 
 Sumter 
 
 Chas. Cooke. 
 
 960 
 
 Geneva 
 
 Geneva 
 
 C. H. Laney. 
 
 350 
 
 Greensboro 
 
 Hale 
 
 Webb & Tutwiler. 
 
 1,83^ 
 
 Greenville 
 
 Butler 
 
 Gamble & Richardson. 
 
 2,471 
 
 Grove Hill 
 
 Clarke 
 
 W. D. Dun, Jr. 
 
 176 
 
 Guntersville 
 
 Marshall 
 
 Hamill, Lusk & Bell. 
 
 435 
 
 Hamilton 
 
 Marion 
 
 W. H. Key. 
 
 100 
 
 Hart sell's 
 
 Morgan 
 
 W. H. Simpson. 
 
 450 
 
 Hayneville 
 
 Loundes 
 
 W. R. Houghton. 
 
 500 
 
 Hillsboro 
 
 Lawrence 
 
 John Phinizy. 
 
 300 
 
 Houston 
 
 Winston 
 
 P. H. Newman. 
 
 200 
 
 Huntsville 
 
 Madison 
 
 Milton Humes. 
 
 4,976 
 
 Jacksonville 
 
 Calhoun 
 
 R. L. Arnold. 
 
 883 
 
 Jasper 
 
 Walker 
 
 W. B. Appling. 
 
 700' 
 
 La Fayette 
 
 Chambers 
 
 Evan G. Richards. '33 
 
 1,061 
 
 Linden 
 
 Marengo 
 
 W. H. Taylor. 
 
 30O 
 
 Lineville. 
 
 Clay 
 
 J. W. McCann. 
 
 300 
 
 Livingston 
 
 Sumter 
 
 A. G. Smith. 
 
 73» 
 
 Marion 
 
 Perry 
 
 J. H. Stewart. 
 
 3,074 
 
 Mobile 
 
 Mobile 
 
 tHon. James Cobbs. 
 
 31,133 
 
 
 
 See Card in Appendix, page 
 
 i. 
 
 Monroeville 
 
 Monroe 
 
 Thos. S. Wiggins. 
 
 123 
 
 Montevallo 
 
 Shelby 
 
 W. S. Cary. 
 
 700 
 
 Montgomery 
 
 Montgomery 
 
 H. C. BuUock, '59 
 
 16 S. Periy Street. 
 
 16,714 
 
 
 
 See Card in Appendix, page 
 
 xxviii. 
 
 Moulton 
 
 Lawrence 
 
 . J. C. Eyster. 
 
 800 
 
 Mount Jlilliard 
 
 Bullock 
 
 Dan Collins. 
 
 150 
 
 Opelika 
 
 Lee 
 
 Barnes & Son. 
 
 3,345 
 
 Oxford 
 
 Calhoun 
 
 E. K. Hanna. 
 
 1,361 
 
 Ozark 
 
 Dale 
 
 H. H. Blackman. 
 
 513 
 
 Fikeville 
 
 Marion 
 
 {See Jasper.) 
 
 30O 
 
 Pollard 
 
 Escambia 
 
 Jas. E. Creen. 
 
 347 
 
 Prattville 
 
 Autauga 
 
 Daster & Abney. 
 
 977 
 
 Kandolph 
 
 Bibb 
 
 T. W. Henley. 
 
 38& 
 
 Roanoke 
 
 Randolph 
 
 Samuel Henderson. 
 
 327 
 
 Rockfort 
 
 Coosa 
 
 Parker & Parker. 
 
 400 
 
 Kussellville 
 
 Franklin 
 
 AV. P. Jack. 
 
 30a 
 
 Rutledge 
 
 Crenshaw 
 
 I. H. Parks. 
 
 315 
 
 St. Stephens 
 
 Washington 
 
 E. H. Gordy. 
 
 140 
 
 Scottsboro 
 
 Jackson 
 
 J. B. Ashley. 
 
 800 
 
 Sc-ott's Station 
 
 Perry 
 
 W. F. Hogue. 
 
 350 
 
 Seale 
 
 Russell 
 
 L. W. Martin. 
 
 757 
 
 Selma 
 
 Dallas 
 
 W. R. Nelson. 
 
 7,529 
 
 Somerville 
 
 jMorgan 
 
 G. P. Rice. 
 
 300 
 
 Talladega 
 
 Talladega 
 
 Heflin, Knox & Bowie. 
 
 1,333 
 
 Troy 
 
 Pike 
 
 Gardiner & Wiley. 
 
 3,398 
 
 Tuscaloosa 
 
 Tuscaloosa 
 
 Wood & Wood. 
 
 3,017 
 
 Tuscumbia 
 
 Colbert 
 
 J. B. Moore. 
 
 1,369' 
 
 Tuskeegee 
 
 Macon 
 
 Abercrombie & Bilbro. 
 
 3,500 
 
 Union Springs 
 
 Bullock 
 
 Norman & Son. 
 
 1,863 
 
 Uniontown 
 
 Perry 
 
 Taylor & Johnston. 
 
 810 
 
 Vernon 
 
 Lamar 
 
 T. B. Nesmith. 
 
 30O 
 
 Wedowee 
 
 Randolph 
 
 Smith «fc Smith. 
 
 300 
 
 Wetumpka 
 
 Elmore 
 
 W. P. Gladdis. 
 
 1,000
 
 ALABAMA. 
 
 39 
 
 BANKS IN ALABAMA. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital of one 
 banli in eacli county of this state in wliich sucli a banking institution is located. 
 
 
 
 
 PAID UP 
 
 PLACE. 
 
 NAME OF BANK. 
 
 CASHIER. 
 
 CAPITAL. 
 
 Auniston 
 
 First National Bank 
 
 Oscar E. Smith. 
 
 8100,000 
 
 Birmingham 
 
 First National Bank 
 
 E. W. Linn. 
 
 250,000 
 
 Clayton 
 
 Clayton Exchange 
 
 (Jennings & Dane.) 
 
 
 Columbia 
 
 John T. Davis & Son 
 
 
 15,000 
 
 Cullman 
 
 Parker & Co 
 
 
 
 Dadeville 
 
 Talapoosa CountyBank 
 
 C. J. AVright, Jr. 
 
 25,000 
 
 Decatur 
 
 First National Bank 
 
 W. W. Littlejohn. 
 
 15,000 
 
 Demojjolis 
 
 Front & Robertson 
 
 
 
 Eufaula 
 
 Eufaula National Bank 
 
 Edward B. Young. 
 
 100,000 
 
 Eutaw 
 
 Bank of Eutaw 
 
 B. B. Barnes. 
 
 20,000 
 
 Florence 
 
 W. P. Campbell & Co 
 
 W. P. Campbell. 
 
 
 Gadsen 
 
 First National Bank 
 
 W. G. Brockway. 
 
 50,000 
 
 Gainesville 
 
 Lewis Mayer's Bk'g House 
 
 
 10,000 
 
 Greensboro 
 
 A. Lawson 
 
 
 15,000 
 
 Greenville 
 
 Joseph Steiner & Sons 
 
 
 
 Huntsville 
 
 Nat. Bank of Huntsville 
 
 Joseph 3Iartin. 
 
 50,000 
 
 La Fayette 
 
 Andrews & Co 
 
 
 
 Livingston 
 
 Bk'g House of Brown Bros 
 
 
 
 Marion 
 
 Marion Savings Bank 
 
 Jas. T. Fitzgerald. 
 
 50,000 
 
 Mobile 
 
 First National Bank 
 
 Lloyd Boners. 
 
 :3oo;ooo 
 
 Montevallo 
 
 Bk'g House of C. C. Vandergrift. 
 
 
 Montgomery 
 
 First National Bank 
 
 A. M. Baldwin. 
 
 225,000 
 
 Opelika 
 
 First National Bank 
 
 Orrin Brown. 
 
 50,000 
 
 Oxford 
 
 Draper, Son & Co 
 
 
 
 Sheffield 
 
 First National Bank 
 
 T. L. Benham. 
 
 
 Selma 
 
 City National Bank 
 
 Albert G. Parrish. 
 
 400,000 
 
 Talladega 
 
 Bank of Talladega 
 
 J. L. McLane. 
 
 75,000 
 
 Troy 
 
 Farmer's &Merchant"sB'k 
 
 L. :M. Bashinsky. 
 
 100,000 
 
 Tuskaloosa 
 
 First National Bank 
 
 John Little, Jr. 
 
 60,000 
 
 Tuskegee 
 
 Macon County Bank 
 
 G. W. Campbell. 
 
 30,000 
 
 Union Springs 
 
 Bullock Ctninty Bank 
 
 J. H. Eley. 
 
 60,000 
 
 Uniontown 
 
 M. L. & C. Ernst 
 
 A. L. Ernst. 
 
 100,000 
 
 Wetumpka 
 
 Peter A. Buyck 
 

 
 TERRITORY OF 
 
 ARIZONA. 
 
 SUMMAEY OF 
 
 COLLKCTION LaV^S 
 
 CouKT Calendar, Instructions for taking Depositions, Legal Forms, Etc. 
 
 Expressly Prepared and Revised to Nov. 1st, 1SS7, for "Showers' 
 
 Legal Directory and Merchants' Guide." for 1888, by 
 
 E. M. Sanford, of the Prescott Bar. 
 
 Acknowledgments. — If made within the territory before a clerk of court 
 having seal, notary public, county recorder, justice of the peace ; without, 
 and in the United States, before a clerk of a court of record having seal, 
 commissioner of deeds of territory, and notary public, without the United 
 States, before an officer authorized to execute a commission to take deposi- 
 tions. Acknowledgment of grantor (except married women of the home- 
 stead,) shall state that he executed the same for the consideration and pur- 
 poses therein stated ; if unknown, the officer must have satisfactory evidence 
 on oath or affirmation of a credible, witness, (which he shall note in his cer- 
 tificate), that the grantor is the individual who executed in his presence the 
 instrument ; if by a married woman in conveying homestead, shall show 
 that she has had the same shown to her, and then and there fully explained 
 by the officer, on examination, privily and apart from the husband, and that 
 she thereupon acknowledged to said officer that the same is her act and deed, 
 that she has willingly signed the same, and that she wishes not to retract it. 
 
 Form of an ordinary Certificate. 
 
 Territory of 
 County of - 
 
 Before me, , (here insert the name and character of the officer,) on 
 
 this day personally appeai'ed , known to me (or proved to me on the oath 
 
 of ,) to be the person whose name is subscribed to the foregoing instru- 
 ment, and acknowledged to me that he executed the same for the purpose 
 and consideration therein expressed. 
 
 Given under my hand and seal of office, this day of , A. D. 
 
 . [seal] 
 
 The certificate of a married woman to homestead, must be in this form : 
 
 The Territory of , "I 
 
 County op . J 
 
 Before me, , (here insert the name and character of the officer, ) on 
 
 this day personally appeared , wife of , known to me (or proved to 
 
 [Ariz. 1.]
 
 ARIZONA. 41 
 
 -me on oath of ,) to be the person whose name is subscribed to the fore- 
 going instrument, and having been examined by me privily and apart from 
 
 her husband, and having the same fully explained to her, she, the said , 
 
 acknowledged such instrument to be her act and deed, and declared that she 
 had willingly signed the same for the purposes and consideration therein ex- 
 pressed, and that she did not wish to retract it. 
 
 Given under my hand and seal of office, this day of , A. D. 
 
 . [seal.] 
 
 The proof of any instrument of writing, for the purpose of being recorded 
 .shall be by one or more of the subscribing witnesses, personally api)earing 
 before some officer authorized to take such proof, and stating on oath, that 
 he or they saw the grantor or person who executed such instrument of writ- 
 ing, acknowledged in his or their presence, that ho had executed the same 
 for the purposes and considerations therein stated, and that he or they had 
 .signed the same as witnesses, at the request of the gi'antor or person who 
 executed such instrument; and the officer taking such proof shall make a 
 certificate thereof, and sign and seal the same with his official seal. 
 
 The proof by a subscribing witness must be by some one personally known 
 to the officer taking the proof, to be the person whose name is subscribed to 
 the instrument as a witness, or must be proved to be such by the oath of a 
 credible witness, which fact must be noted in the certificate. 
 
 The certificate, where the execution of the instrument isgovered by a wit- 
 ness, must be in the following form: 
 
 The Territory of , \ 
 
 County op . / 
 
 Before me, , (here insert the name and character of the officer, ) on 
 
 this day personally appeared , known to me, (or proved to me on 
 
 the oath of , ) to be the person whose name is subscribed as a witness, to 
 
 the foregoing instrument of writing, and after being duly sworn by me, stated 
 on oath that he saw , tlie grantor, or person who executed the fore- 
 going instrument, subscribe the same (or that the grantor or person who 
 executed such instrument of writing, acknowledged in his presence that he 
 had executed the same for the purposes and consideration therein expressed,) 
 and that he had signed the same as a witness, at the request of the grantor, 
 (or person who executed the same.) 
 
 Given under my hand and seal of office, this day of , A. D. 
 
 . [seal.] 
 
 Actions. — But one form of; do not abate by death, if cause of action sur- 
 vives. Pleadings, are complaint and answer ; venue, of suits are special. 
 <See Ansicer Day and Summons.) 
 
 Administration of Estates of Deceased Persons. — (See Probate Law.) 
 
 AflB.davits. — If taken within territory before clerk of district court or no- 
 tary public ; if out of, but within the United States, before any clerk of 
 court of record having a sjal, notary public or commissioner of deeds for 
 the territory ; if without the United States, before any ofl&cer authorized to 
 execute a commission to take depositions. 
 
 Aliens. — ^lay inherit in special cases. {See Descent.) 
 
 Answer-Day. — District court : after summons served in county, ten days ; 
 out of county, bu.t in district, twenty days ; other cases, thirty days after 
 service. Justices'" courts, six days after service of summons, as follows : In 
 [Ariz. 2.]
 
 42 ARIZONA. 
 
 precinct, five days ; -without precinct, and in county, ten days ; out of county 
 fifteen days ; other cases, twenty days. Continuances may be granted for 
 ten days, and if for want of evidence, thirty days. 
 
 Appeals. — {See Courts.) 
 
 Arbitration. — Person may arbitrate by filing agreement before justice of 
 the i)eace, if the amount of the dispute does nut exceed $300; otherwise with 
 the clerk of the district court. 
 
 Arrests and Bail.— ISTo act providing for. 
 
 Assignment for the benefit of Creditors. — Assignments shall provide 
 for the distribution of all real and personal proi^erty not exempt among 
 creditors, in proportion to their respective claims ; must be proved, acknow- 
 ledged, certified, and recorded, as conveyance of real or personal property, as 
 the case may be. There shall be annexed to the assignment, a statement : 
 1st. Of all creditors, the residence of each, if known, and if not known, that 
 fact to be stated ; the sum owing to each ; the nature of the debt, whether 
 arising on written contract, account, or otherwise, the true cause and con- 
 sideralion, and place where such indebtedness arose ; of every judgment, 
 mortgage, or other security for the payment of such debt ; an inventory of 
 the estate at the date of assignment, legal or equitable, encumbrances, 
 vouchers and securities with value, to the best knowledge of debtor : 
 affidavit annexed to inventory states, that the same is in all respects jvist 
 and true, according to the best knowledge and belief. Exempt property 
 may be retained; inventory is not conclusive. Creditors may coi»sent to ac- 
 cept their proportional share, if not, then creditors consenting, take their 
 share and debtor is discharged. The law provides for notice, personal and 
 by publication, the giving of bond by assignee, the presentation and allow- 
 ance of claim, which must be within six months from the time of first publi- 
 cation of notice of appointment of assignee. Claim shall be supported by 
 affidavit of creditor, his agent or attorney, that the statement is true, that 
 the debt is just, and that there are no credits or effects that should be al- 
 lowed against the claim, except as shown by the statement. Creditor not 
 consenting to assignment may garnishee assignee for balance in his hands. 
 All conveyances to defraud, or prefer, title vests in assignee, notwithstanding 
 the transfer. Preferences are void. Grantee may show good faith and valu- 
 able consideration. 
 
 Attachments. — Are original writs, issued out of justices of the peace 
 courts or district courts.at or after commencement of suit, on debt ordemaud 
 due or not duo, but judgment cannot be rendered until debt is due. The affida- 
 vit is made by plaintiff", his agent or attorney, stating one or more of the fol- 
 lowing grounds ; 1st. That the defendant is justly indebted to the plaintiff, 
 and the amount of the demand ; or 2d. That the defendant is not a resident 
 of the territory, or is a foreign corporation, or is acting as such ; or 3d. That 
 he is abovit to move permanently out of tlie territory, and has refused to pay 
 or secure the debt due the iilaintifi^ ; or 4th. That he secretes himself so tliat 
 the ordiqary jirocess of law cannot bo served on him ; or 5th. That he has 
 secreted his jjroperty for the purpose of defrauding his creditors ; or Gth. 
 That he is about to secrete his property for the purpose of defrauding his 
 creditors ; or 7th. That he is about to remove his property out of the terri- 
 tory, without leaving sufficient remaining for the payment of his debts ; or 
 8th, That he is about to remove his property, or a part thereof, out of the 
 county where tlie suit is brought, with intent to defraud his creditors ; or 
 9th. Tliat he has disposed of his property, in whole or in part, with intent to 
 defraud his creditors ; or 10th, That he is about to dispose of his property 
 with intent to defraud his creditors ; or 11th. That he is about to convert his 
 property, or a part thereof, into money, for the purpose of ijlacing it beyond 
 
 [Ariz 3]
 
 ARIZONA. .43 
 
 the reach of his creditors ; or 12th. That the debt is due for property ob- 
 tained under false pretenses. And further : That the attachment is not sued 
 out for tlie purpose of injurhig or harassing tlie defendant, and tliat tlie 
 plaintiff will probably lose his debt, unless such attachment is issued. The 
 bond must be signed by the plaintilf, with two or more sureties, payable to 
 defendant, in at least double the debt sworn to be due, conditioned that the 
 plaintiff will jirosecute his suit to effect, and will pay all such damages and 
 costs as shall be adjudged against him, for wrongfully suing out such attach- 
 ment. On the filing of affidavit and bond, one or more writs may issue to 
 several counties. Writs are levied as executions, but wheie real property is 
 attached, copy must be filed with county recorder. At any time before judg- 
 ment, defendant may replevin property by giving bond double amount of 
 plaintiff" s debt, conditioned that should the defendant be condemned in the 
 action, he shall satisfy the judgment that may be rendered therein, or shall 
 pay the estimated value of the property, and the lawful interest thereou from 
 the date of the bond. 
 
 Garnishment — Are original writs, and may be issued upon the plaiutifTs 
 executing a bond with two or more sureties, payable to the defendant in dou- 
 ble the debt, conditioned that he will prosecute this suit to effect, and i)ay all 
 damages and costs that may be adjiulged against him for wrongfully suing 
 out such garnishment, and filing an affidavit showing either, 1st. That an 
 original attachment has been issued, no bond rec^uiretl ; 2d. That the debt 
 sued for is just due and unpaid, and that the defendant has not, within his 
 knowledge, property in his possession within this territory, subject to execu- 
 tion, sufficient to satisfy such debt, and that the garnishment applied for is 
 not sued out to injure either the defendant or garnishee ; 3d. That the plain- 
 tiff' has a judgment, and makes affidavit that the plaintiff has not, within his 
 knowledge, property in his ijossession within this territory subject to execu- 
 tion, sufficient to satisfy such judgment. And further, that the plaintiff has 
 reason to believe that the garnishee, stating his name and residence, is in- 
 debted to defendant, or that he has in his hands, effects belonging to the de- 
 fendant, or that the garnishee is an incorporated or joint stock company, and 
 that the defendant is the owner of shares in such company, or has an interest 
 therein. Writs may issue to several counties out of justice or district courts, 
 and are returnable as svimmons therein. On failure to answer, judgment and 
 execution may be taken against garnishee, with costs. Answer may be 
 controverted and trial had, as in ordinary cases w' here cause of action between, 
 garnishee and debtor accrued, if garnishee resides out of the county. 
 
 Bills and Notes.— Grace three days. The holder of, may fix liability of 
 drawer or endorser without protest or notice by instituting suit against en- 
 dorser or maker within sixty days after right of action accrues ; if bill not 
 accepted, drawer becomes immediately liable, and liability of endorser 
 maybe fixed by suit within six months; all instruments not negotiable by 
 the law merchant may be transferred by assignment. Oral testimony is in- 
 admissible to show a release of due diligence to collect ; assignee may pur- 
 sue previous assignors upon negotiable instrument ; may be protested by 
 notary public, who shall set forth all the facts done by him, and specify of 
 whom and when and where demand was made and for what sum. 
 
 Chattel Mortgages. — {Sec Mortgages.) 
 
 Claims against Decedent's Estates.— ( -See Probate Law.) 
 
 Conditional Sales.— Writing evidence of, must be acknowledged and re 
 corded to impart notice. Surety. 
 
 Contracts. — Whether joint or several, either may be pursued without re- 
 leasing the others. In writing imports a consideration. 
 [Ariz. 4 ]
 
 44 ARIZONA. 
 
 Conveyances. — Sliall be in writing, subscribed and delivered in tbe pres- 
 ence of two credible subscribing witnesses, or acknowledged. 
 
 Corporations. — Any number of persons may form, for transaction of any 
 lawful business. Have power as follows : Perpetual succession ; sue and be 
 sued ; have a common seal and alter it ; to render shares transferable, and 
 prescribe the mode of transferring ; to exempt private property from liability; 
 to make contracts, acquire and transfer property and possession as natural 
 persons ; to establish by-laws, and make rales and regulations. Before com- 
 mencing business must adopt articles which shall be signed and acknowl- 
 edged as deeds, and recorded in the county recorder's office, where principal 
 place of business is. Articles must contain : 1st. Name of corporators and 
 of corporation, and its principal place of business ; 2d. The general nature 
 of the business ; 3d. The amount of capital stock authorized, and the times 
 when, and conditions upon which it is to be paid in ; 4th. Time of com- 
 mencement and termination ; 5th. By what officers affiiirs are to be con- 
 ducted, and times of their election ; 0th. The highest amount of indebted- 
 ness, or liabilit}', it is at anytime to subject itself; 7th. Whether private 
 property is to be exempt. (Unless so exempted, stockholders are liable for 
 debts, in proportion which their stock bears to the whole.) Articles must 
 be published six days in a newspaper published in the county of its principal 
 place of business. Corporations may then commence business. Copy of 
 newspaper must be filed in the office of the secretary of the territory within 
 three months. For intenaal improvement may endure for fifty years, other- 
 wise, twenty-five years, and may be renewed. Special provisions are made 
 for fire, marine, mutual life, health, accident, savings and loan, railroad, re- 
 ligious, social and benevolent corporations. 
 
 Foreign C'orx>07'aUons must file certified and duly authenticated copies of 
 articles with secretary of the territory and county recorder of county in 
 which business or principal office is located. Association company or cor- 
 poration, must file in same places a lawful appointment of an agent upon 
 whom all notices, processes, and summons may be served, which is consid- 
 ered lawful personal service. No business can be transacted unless copies of 
 articles and the appointment is filed. Every act done prior thereto is void. 
 Appointment must be by resolution duly adopted and signed by president, 
 manager or secretary. Agent must be iona fide resident of county, and his 
 full name and residence stated in resolution. If agent absents himself three 
 months consecutively, from county, and none appointed within four months, 
 after commencement of such absence, the right to transact business shall 
 cease, and all acts or contracts are null and void at option of any person in- 
 terested. On compliance with foregoing, have all the rights and privileges 
 as if incorporated under laws of this territory. It cannot hold more than 
 320 acres of real estate, exclusive of mineral lands, and land necessary for 
 milling, or working ores, or manufacturing for commercial purposes. 
 
 Existing Corporations may take the benefit of the revision of 1887, by re- 
 solution of board of directors cei-tified under seal and attested by the pre'si- 
 dent with his seal. 
 
 Costs. — Court may tax on motions. Plaintijff may be required to give 
 security for costs before final judgment, and if he fails to get it within ten 
 days after rule, suit will be dismissed. 
 
 Courts. — Terms and Jurisdiction of: 
 
 One Supreme ; Appellate, where matter in dispute exceeds one hundred 
 dollars, the legality of the tax. toll, or impost, municipal fine, felony, ques- 
 tions of law, civil cases brought in district court where matters in dispute 
 exceeds two hundred dollars, possession of land or cases brought into dis- 
 trict court from another court, or order affecting a substantial right in action 
 or proceedings, and the usual original powers. 
 
 [Ariz. 5.1
 
 ARIZONA. 45 
 
 District Courts. — There are three district courts. Original jurisdiction 
 •where amount exceeds one hundred dollars, inclusive of interest, cases in- 
 volving title or possession of real property, appeals from probate and justice 
 of peace courts and the usual powers in special proceedings, and of law and 
 of equity actions. 
 
 Justices'' Courts. — Of actions arising on contract for recovery of money, 
 damages, injury to person, taking or detaining personal property, injury to 
 real or personal property, faie, penalty, forfeiture, bonds, surety, undertak- 
 ings, foreclosure of mortgages, onforct-ment of liens on personal property, 
 recovery of personal projierty. Judgment by confessioii when amount or 
 value docs not exceed $300. Title to real property, those in nature of ad- 
 miralty cannot be tried before. 
 
 Court Calendar.— 
 
 TJir termf; ot tho district courts iu the first judicial district shall beheld at tlie 
 times following : 
 
 1. In the county of Pima, at Tuscson, on the second Monday in March and the 
 second Monday In September. 
 
 2. In tlie county of Cochise, at Tombstone, on the second Monday in May and 
 second ISIonday In November. 
 
 3. In the county of (iraluun, at Solomonville, on the second Monday in April and 
 second Monday in October. 
 
 The terms of the district courts in the second judicial district shall be held at the 
 times foUowins: 
 
 1. In the county of Maricopa, at Phcenix, on the first Monday in May and the first 
 Monday in November. 
 
 2. In the county of Gila, at Globe, on the third Monday in April and third Mon- 
 day in October. 
 
 8. In the county of \uma, at Yuma, on the fourth ^Monday in March and the 
 fourth Monday in September. 
 
 4. In the county of Pinal, at Florence, on the first Monday in April and first Mon- 
 day in October. 
 
 TTie terms ot the district courts in the third judicial district shall be held at the 
 time following: 
 
 1. In the county of Yavapai, at Prescott, on the first Monday in June and the first 
 Monday iu November. 
 
 2. In the county of JNIohave, at Kingaiar, on the first Monday in April and the fli si- 
 Monday in September. 
 
 3. In the county of Apache, at St. John, ou the first Monday iu July. 
 
 Curtesy. — (See Descent and Distribution.) 
 
 Drummers. — Pay license tax of $50 per quarter. 
 
 Deeds. — (See Conveyances and Acknowledgments.) 
 
 Depositions. — Taken within county without commission by five days' 
 notice, antl one day for each twenty-five miles ; out of county, and within 
 United States by commission and interrogatories to any clerk of court hav- 
 ing a seal, notary })ublic, or commissioner of deeds for this territory ; if 
 without the United States to a notary public, minister, commissioner, charge 
 d'affaires, consul-general, consul, vice-consul, commercial agent, vice-com- 
 mercial agent, deputy of consul, or consular agent of the United States. 
 Commissioners are given power to punish for contempt, issue subpoenas and 
 swear interpreters. Depositions are returned either by mail, or by any per- 
 son ; if by mail, the postmaster at the mailing office shall endorse thereon 
 that lie received them from the hands of the officer before whom they were 
 taken ; if sent by a person, he must make oath that he he received them 
 from the officer, that they have not been out of his possession and have not 
 been altered. The officer shall certify that the answers of the witness were 
 signed aud sworn to before him and shall seal them up and write his name 
 across the seal, and endorse the names of the parties to the suit and of the 
 witness, and shall direct the package to the clerk or justice who issued com- 
 mission. (See Acknoioledgments ,) 
 [Ariz. 6.]
 
 4« ARIZONA. 
 
 Descent and Distributions. — Property of person dying intestate, leaving 
 neither husband nor wife living, shall descend in parcenary to male or female 
 as follows : 1st. To his children and their descendants. 2d. If none, then 
 the father and mother equally ; if only one survive, then in two equal por- 
 tions, one to survivor and one to brothers and sisters of deceased, and to 
 their descendants ; but if none survive, then the whole to the sui'viving 
 father or mother. 3. If neither father nor mother survives, then the whole 
 to brothers and sisters and descendants. 4th. If no such kindred survives 
 then in two moities, one to the paternal, the other to maternal kindred, as 
 follows : -a. To grandfather and grandmother, equally, b. If only one sur- 
 vive, then in two parts, one to survivor and one to the descendants of the 
 other, c. If no such descendants, then the whole to the surviving grand- 
 parent, d. If no grandjiarent survives, then the whole to their descendants, 
 passing to lineal ancestors and their descendants. 
 
 When there survive a husband or wife, it descends as follows : If there be 
 child or children, or their descendants, surviving husband or wife takes one- 
 third of personal estate, and remainder to child and its descendants ; surviv- 
 ing Imsband or wife has life estate in one-third of land with remainder to 
 child and its descendants ; if no child nor children or their descendants, then 
 .survivor is entitled to all personal estate without remainder, and tlie other 
 half according to the foregoing rules ; provided, that if neither father nor 
 mother survives, surviving husband or wife is entitled to the whole. 
 
 No distinction is made in the descent between property acquired from 
 father or niother, 'provided, intestate is adopted heir, and leaves no husband, 
 wife or child, then it goes to the person and heirs who adopt them. In col- 
 lateral kindred, half blood inherit half as much as the whole ; but if all are 
 of the half tliey take all. Only those in being at time of death inherit. 
 Common property goes one-half to survivor and the other to child, but if no 
 eliild, then to survivor. Issues before marriage, and those of a marriage 
 deemed null in law, are legitimate. Bastards inherit from mother and may 
 transmit estates, also distribiite a share of personal estate of kindred. 
 
 It is no bar that ancestor is or has been an alien. If property descends to 
 alien, he has five years to become a citizen and take possession, or sell the 
 same, provided that treaties of the United States with nation of alien do not 
 otherwise direct ; and, provided that aliens may take and hold by descent 
 from alien or citizen, in the same manner in which citizens of the United 
 States may take by devise or descent within country of alien. 
 
 The estates by curtesy and dower are abolished. 
 
 Divorce. — (See Ilushand and Wife.) 
 
 Dower. — {See Descent and Distrihution.) 
 
 Equity of Redemption. — None, except for taxes. 
 
 Executions. — In district court are returnable at the next term of court, or 
 in thirty, sixty, or ninety days, as requested. Alias and pluries may issue. 
 Stock upon range may be levied upon without actual possession. Personal 
 ])roperty sold on ten days' notice ; proceedings supplementary to, are the 
 usual statutes. From justices of the peace courts returnable in sixty days 
 may be issued within five years. 
 
 Executors. — (See Probate Law.) 
 
 Exemptions. — Personal property to the value of one thousand dollars to 
 a family only ; to be selected by a debtor, if not selected by him officer may 
 select and ajjpraise the same at expense of debtor. Earnings of debtor for 
 thirty days next previous to levy, and necessary to family support, except 
 the homesteads, partly by his labor. — {See Homesteads.) 
 
 [Ariz. 7.]
 
 ARIZONA. 47 
 
 £vidence. — Parties in interest may testify ; no person is incompetent on 
 account uf religious opinions or want of religious belief, on account of color 
 or because lie lias been indicted, accused or convicted of a crime. Wife of 
 party is competent. Parties cannot testify to any transaction with testator, 
 intestate or ward, unless called by opposite party or by the court. 
 
 Gamisluuent. — (See AttacJimetits.) 
 
 Grace. — (See Bills.) 
 
 Holidays. — Sundays, New Years, "Washington's birthday, Memorial day, 
 Fourth of July, Christmas, Thanksgiving day, when it falls upon Sunday 
 next day is ; in computing time, if the last day is, it must be excluded. No 
 suit can be commenced on, except injunctions, attachment and replevin. No 
 protest can be made on. 
 
 Homestead. — Head of family may hold real property, selected to the value 
 of $4,000, the declaration of wiiicli must be recorded ; if over $4,000 credi- 
 tor may have appraisers appointed and sell the residue. Cannot be sold or 
 alienated in any way without consent of wife. 
 
 Husband and Wife. — All real and personal property acquired by either 
 before marriage, and that afterwards by gift, devise, or decent with the ifi- 
 crease, rents, issues and profits in separate i)ropertj% and not liable for the 
 debts of the other. 
 
 Divorce. — Incurable impotency or other impediment at the time of mar- 
 riage, excesses, cruel treatment, outrage, whether by the use of personal 
 violence or any other means. In favor of the husband where the wife has 
 committed adultery, or six months' abandonment ; in favor of wife, six 
 months' abandonment, habitual intemperance, six months' wilful neglect to 
 provide, either having the ability to do so, or by reason of idleness, profligacy 
 or dissipation, adultery ; in favor of husband or wife for conviction after 
 marriage, of a felony. Complainant must be an actual bojia fide resident of 
 the county for six months next preceding the filing of the suit. 
 
 Injuries Resulting in Death. — Actions for, are for benefit of the surviv- 
 ing husband, wife, children and parents, and is not liable for debts of de- 
 ceased ; action may be brought by one or more for the benefit of all, within 
 six months after date ; if not then, by administrator. 
 
 Insolvent Laws. — None. {See Assignments.) 
 
 Interest. — AVhere no express agreement fixing a different rate, seven per 
 cent. ])er annum on all moneys after they become diie, on anj- bond, bill, 
 promissory note or other instrument in writing, or judgment recovered in 
 this territory for money lent, for money dvie on .settlement of accounts, and 
 money received for the use of other parties, may agree to any rate in writing. 
 Other states are presumed to have the same law. 
 
 Judgments. — Judgments may be confessed by power or warrant of attor- 
 ney. For money or damages may be entered in vacation. In district court 
 becomes dormant in twelve months if execution has not been issued, and if 
 execution issued within twelve months, then five years. Where execution is 
 not issued within twelve months after judgment, may be revived by scire 
 facias or action. ^lay be had on open accounts supported by affidavit of 
 plaintiff, his agent or attorney, to the effect : that it is within tlie knowledge 
 of affiant just and time, that it is due, and that all just and lawful off-sets, 
 payments and credits have been allowed. 
 
 Justices' of tlie Peace.— C&e Courts.) 
 
 [Ariz. 8.]
 
 48 ARIZONA. 
 
 License. — (See Drummers.) 
 
 Liens. — Of every form, attempted to be given by owner on any stock of 
 goods, wares or merchandise, in bnsiness, which contemplates a continua- 
 tion of possession is void. Judgments, when entered in the abstract book of 
 clerk, are a lien upon all the real estate from that date ; in one county may 
 be abstracted in another, and become a lien. Mechanic's or other lien upon 
 homestead must be upon contract signed by wife ; lien expires in four 
 months, unless suit brouglit. Hotel keepers, livery men, material men, have 
 liens for the amount of their charges, and they sell the property after thirty- 
 five days possession of property. 
 
 Limitations. — To recover real estate, three years after cause accrued ;, 
 where founded on possession, two years. One year : actions for personal in- 
 juries, malicious prosecution, false imprisonment, libel, slander, seduction, 
 breach of promise, and injuries for death. Two years : actions for trespass, 
 injuries to property, detention of personal i^roperty, conversation, trover, 
 upon judgment or decree rendered without the territory, upon an instru- 
 ment of writing, executed without the territory, the time to be computed 
 from the arrival of the party pleading the statute in the territory. Three 
 years : actions after the cause of action shall have accrued, for debt where 
 the indebtedness is not evidenced by a contract in writing, upon state or oi^en 
 accounts (other than muttial and current accounts of merchant and merchant 
 or their factors or agents.) Four years : after cause of action accrues, ac- 
 tions for the penalty or for damages on a penal clause of a bond to convey 
 real estate ; partnership accounting, or vipon mutual and current accounts 
 between merchant and merchant, their factors or agents, dating from cessa- 
 tion of dealings, on bond of executors, administrators, guardians, (dating 
 from death, resignation, removal or discharge.) All actions for which na 
 limitations is prescribed, except to recover real estate, actions to contest 
 wills and to cancel a will for forgery or fraud, two years after the discovery 
 thereof. Five years : actions for debt evidenced by or founded upon any 
 contract in writing, made within this territory. Limitation ceases during 
 absence ; new acknowledgment or promise must be made in writing. No 
 demand shall be barred by removal to this territory for twelve months, un- 
 less previously barred by country from which he emigrated. Disabilities, 
 where under twenty-one years, unsound mind and from imprisonment, must 
 be specially j)leaded. 
 
 Married Women. — (See Ilushand and Wife, and separate froiwrty.) 
 
 Mechanics Liens. — (See Liens.) 
 
 Minors. — Become of age at twenty-one years. 
 
 Mortgages. — Mortgages may be given upon all realty or interest therein. 
 Trust deeds may be given upon all interests in real estate, and may be closed 
 out by sale without foreclosure. 
 
 Mortgages, Chattel. — May be given upon all personal property, except stock 
 of merchandise. The original or certified copy may be filed with the recor- 
 der, and parties to it must attach an affidavit that it is bona fide, and made 
 without any design to defraud or delay creditors. 
 
 Mortgagor may retain possession of, condition is broken if he removes pro- 
 perty from county or sells or disposes of same without consent of mortga- 
 gee, who may then sell and pay debt whether the same is due or not. If 
 property is removed, mortgagee has one month to file copy of mortgage in 
 county to which property is taken. 
 
 Mortgages of real property must be executed, acknowledged and proved 
 as other conveyances. Sale of real property under mortgage must be order- 
 ed by court. 
 
 Notes and Bills of Exchange.— ('See Bills of Exchange, Etc.) 
 
 [Ariz. 9.]
 
 ARIZONA. 49 
 
 Oaths. — Judjres of courts of record, their clerks and deputies, notaries 
 public iind justices of the peace have power to admiuster. 
 
 Partnership. — Doing business in this territory under a fictitious name or 
 a dcsiynatiou not showing names of persons interested as i)artners, must file 
 witli tliu recorder of county a certificate stating names in full of all their 
 members and their place of business. 
 
 Principal and Surety. — Principal must, if required by notice in writing 
 by surety, bring suit within sixty days. Surety may requii'e execution against 
 property of pnncipal. Surety cannot be sued unless principal is joined, un- 
 less principal resides beyond the territory, or residence unknown, or is 
 beyond the jirocess of law, dead or notoriously and actually insolvent. 
 
 Probate Law. — Wills must be proved and letters granted in the county of 
 residence of the deceased; if non-residents, or absent at the death, in any 
 county where death may be ; in all other cases where application for letters 
 is first made. If wills are proved elsewhere may be allowed and recorded 
 here. Wills in existence at time of death may be proved if lost. Nuncupa- 
 tive must be reduced to writing within six days after spoken, and proved 
 within six months. Administration of intestate are granted in the follow- 
 ing order : Surviving husband or wife, or competent person by such reques- 
 ted, children, father or mother, brothers, sisters, grand children next of kin 
 who share in the distribution, creditors, any person legally ctnnpetent ; sur- 
 viving partner cannot be appointed ; males are preferred to females, the 
 whole to the half-blood. Married women camiot be appointed, Inventory 
 and api)raisement, including homestead and exempt propei-ty must be re- 
 turned. Widow and children entitled to the possession of homestead, wear- 
 ing apparel and furniture, and may have set apart for their use the home- 
 stead ill value not exceeding $4,000, and personal property not exceeding 
 $1,000. Administrator must publish a notice to creditors not less than once 
 a week, for four weeks. If the estate is worth more than $3,000, claims 
 must be presented within ten months after first publication, otherwise four 
 months. 
 
 Every claim presented to the executor or administrator shall be supported 
 by the affidavit of the claimant that the amount is justly due, that no pay- 
 ments have been made thereon, and that there are no oft'-sets to the same to 
 the knowledge of the claimant or other affiant, provided, that when the affi- 
 davit is made by any other person than the claimant, he shall set forth in the 
 affidavit the reason it is not made by the claimant. The oath may be taken 
 before any officer authorized to take oaths. The executor or administrator 
 may also require satisfactory vouchers, or proofs, to be produced in support 
 of the claim. The amount of interest shall be computed and included in the 
 statement of the claim. If the claim be founded on a bond, bill, note or 
 other instrument, the original instrument shall be presented. If the claim, 
 or any part thereof be secured by a mortgage or other lien, such mortgage or 
 other evidence of lien shall be attached to the claim and filed therewith, un- 
 less the same be recorded in the office of the recorder of the county in which 
 the land lies, in which case it shall be sufficient to describe the mortgage or 
 lien, and refer to the date, volume and page of its record. 
 
 When a claim has been presented to the executor or administrator, he shall 
 indorse thei-eon his allowance or rejection, with the day and date thereof; if 
 he allow the claim, it shall be presented to the probate judge for his approval, 
 who shall in the same manner indoise upon it his allowance or rejection. If 
 the executor or administrator, or the judge, refuse or neglect to indorse such 
 allowance or rejection, for ten days after the claim shall have been presentt'd 
 to him, such refusal or neglect may be deemed eqiTivalent to a rejection, and. 
 if the presentation be made by a notary, the certificate of such notary, under 
 seal, shall be prima facie evidence of such presentation and rejection. 
 
 When a claim is rejected the holder must bring .suit against the executor 
 [Ariz. 10.1
 
 56 ARIZONA. 
 
 or administrator within three months after tlie date of its rejection, if it be 
 then due, or within two months after it becomes due, otherwise the claim 
 shall be forever barred. 
 
 Possessory Rights.— Arc held and claimed as real estate. 
 
 Revenue.— The law provides for territorial revenue, thirty-five cents ; 
 county purposes, two dollars, and may be more when levied ; lien of attachee 
 on the first Monday in March ; and become delinquent Februrary 1st, next ; 
 real property is sold on judgment in district court. A party in interest has 
 one year to redeem with thirty per cent, penalty. 
 
 Revision. — Last one in 1887. 
 
 Separate Property. — Real or personal property owned or claimed by hus- 
 ■band or wife, or that acquired after marriage, by gift, devise, or descent, and 
 the increase, rents, issues and profits are ; the earnings and accumulations of 
 ■wife, and of her minor children, in her custody while living apart from hus- 
 band are ; all other property is common property, and can be disposed of by 
 husband only ; of either husband or wife is not liable for the debts for the 
 other ; married women over twenty-one years, have exclusive control of, and 
 she may contract, sell, mortgage, devise or bequeath it as if vmmarried. 
 Wife may contract debts for necessaries, and court may decree execution ; 
 1st. Against common property ; 2d. Against the separate jjroperty of hus- 
 band ; 3d. Against the separate property of wife. 
 
 Summons. — {See Answer day.) — Publication of, may be made when de- 
 fendant is non-resident, or absent, or is a transient person, or residence is un- 
 known ; or a foreign corporation, having no legally appointed agent in terri- 
 tory, or defendant absents himself to avoid service, for four weeks succes- 
 sively, upon affidavit. When residence is known, copy of complaint and 
 summons is to be mailed. Unknown heirs may be sued without name. May 
 be made personal on any president, secretary, treasurer, or local agent of 
 corporation. On railroad, telegraph, or express companies, on agent who re- 
 sides or can be found in the county. 
 
 Wills. — ^Persons twenty-one years, or over, or lawfull^y married, of sound 
 mind, may make ; if in writing, is signed by testator, or by another, by his 
 direction, and in his presence ; and if not entirely written by himself, be at- 
 tested by two or more credible witnesses, over fourteen years old. Where 
 will is entirely written by testator, it need not be subscribed. Nuncvipative 
 wills may be made for less than $50 ; over, must be proved by three credible 
 witnesses. 
 
 lAriz 11.]
 
 AinZONA. 
 
 51 
 
 ATTORNEY'S IN ARIZONA TERRITORY. 
 
 Bold Face Type denotes county seats. A dash (— ) less than 100 population. 
 Figures after names when admitted to the Bar. A star (*) Notaries Public. 
 A double dagger (|) our Compiler of Laws. 
 A dagger (f) former recommendations withdrawn. 
 
 PLACE. 
 
 COUNTY, 
 
 Bisbee 
 
 Cochise 
 
 Flagg Staft" 
 
 Yavapai 
 
 Florence 
 
 Pinal 
 
 Globe 
 
 Gila 
 
 Holbrook 
 
 Apache 
 
 Mineral Park 
 
 Mohave 
 
 Phoenix 
 
 ^Maricopa 
 
 Prescott 
 
 Yavapai 
 
 Solomonsville 
 
 Graham 
 
 St. Johns 
 
 Apache 
 
 Tombstone 
 
 Cochise 
 
 Tuscon 
 
 Pima 
 
 Yuma 
 
 Yuma 
 
 NAMES OF ATTORNEYS. POPULA'n 
 
 G. G. Johnson, 
 W.L. Van Horn. '83 
 H. B. Summers. 
 Lemon & McCabe. 
 T. S. Bunch. 
 W. G. Blakeley. 
 Tweed & Hancock. 
 t E. M. Sanford. 
 
 See Card in A2ipendix,page ii. 
 James Hall. 
 Hon. R. E. Morrison. 
 Geo. G. Berry. 
 A. S. Dungau. 
 S. M. Knight. 
 
 700 
 
 300 
 
 1,364 
 
 1,350 
 
 300 
 
 618 
 
 2,708 
 
 2,074 
 
 546 
 5,4C0 
 9,743 
 1,2C0 
 
 BANKS IN ARIZONA TERRITORY. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital of one 
 bank in each county of this Territory in which such a banking institution is located. 
 
 PLACE. 
 
 Benson 
 Flagstaff 
 
 Phoinix 
 
 Prescott 
 
 Tombstone 
 
 Tucson 
 
 NAME OF BANK. 
 
 Rogers Bros 
 Arizona Central Bank 
 Bank of Flagstaff 
 Valley Bank 
 Kales & Lewis 
 Bank of Arizona 
 Bank of Prescott 
 Cochise County Bank 
 Bank of Tombstone 
 Bank of Tucson 
 D. Henderson 
 
 
 PAID UP 
 
 CASHIER. 
 
 CAPITAL. 
 
 J. H. Tracy. 
 
 $30,000 
 
 J. H. Hoskins, Jr. 
 
 
 William Christy. 
 
 50,000 
 
 
 100,000 
 
 W. E. Hazeltine. 
 
 50,000 
 
 J. F. Meader. 
 
 
 Albert Springer. 
 
 100,000 
 
 R. M. Wood. 
 
 50,000 
 
 
 100,000 
 
 
 75,000
 
 STATE OF 
 
 ARKANSAS. 
 
 SUMMARY OF 
 
 COLLKCTION LaW3. 
 
 COTTRT Calendar, Instructions for taking Depositions, Legal Forms, Etc. 
 
 Expressly Prepared and IIevised to Nov. 1st, 1SS7, for "Showers' 
 
 Legal, Directory and Merchants' Guide." for 1888, by 
 
 T. J. Ouphint, Esq. of the Little Rock Bar. 
 
 Acknowledgments. — When deeds are acknowledged or proved in this 
 state, i)root' of acknowledgment may bo taken before the Snpreme Court, 
 or cither judge or clerk thereof, or the clerk of any court of record, or any 
 justice of the peace or notary pul;)lic ; anywhere else in the United States, 
 i)efore any court of the United States, or any state or territory having a 
 xeal, or the clerk thereof, mayor or chief officer of any city or town having 
 a seal of office, or before a notary public, or any commissioner for the State? 
 of Arkansas. Out of the United States, before any court of any state, king- 
 dom or empire having a seal, or any mayor or chief officer of any city or 
 t )wn having an official seal, or before any officer of any foreign country 
 who by its laws is authorized to take probate of conveyance of real estate 
 <if his own country, if he have an official seal. 
 
 Tlie proof of the execution of a deed is made by one or more of the sub- 
 scribing witnesses making affidavit before the proper officer or court that he 
 saw the grantor subscribe it, or had heard him acknowledge that he had sub- 
 scril)ed and executed it for the purposes and considerations therein mentioned, 
 and that he or they had subscribed at his request. If the witnesses are 
 dead or cannot be had, proof of the hand writing of tlie grantor and that 
 of at least of one of the subsci'ibing witnesses may be proved by two or 
 more disinterested witnesses swearing to each signature. 
 
 If the grantor is nnlvuown to the officer or tlie court, his identity can be 
 established by affidavits indorsed on the conveyance. The husband must join 
 in the conveyance of the wife's lands, if the lands were acquired before 
 October loth, 1874, if acquired since that time, she can convey either as a 
 single person or in the form prescribed by the statute for conveyances by 
 married women. If the grantor is unknown to the officer or court, his iden- 
 tity can be established by affidavits indorsed on the conveyance. After a 
 deed is filed for recoi-d it is notice to all the world, but recording is not com- 
 pulsory. When husband and wife convey lands of the husband, the certificate 
 of acknowledgment must sliow tliat tlio wife acknowUidged her relin(]uislL- 
 ment of dower, but not when tlie lands belong to the wife. Neither deeds 
 nor mortgages are re(iui red to be filed for record within any specified time, 
 but mortgages are not liens until filed for record. Seals are not required 
 luidcr tlie law to any instrument of writing. The following are substan- 
 tially all the forms necessary, for deeds and mortgages, and adajited to each 
 conveyanci!, to-wit: — 
 
 [.Vrk." L]
 
 ARKANSAS. 53 
 
 Form of Afl.iiiitrhddiiu III fur a Si/if/le Pt rsoii. 
 
 Statk ov I* 
 
 COUXTY OK S 
 
 Be it remembered that on tliisday. ijcrsuiially ajJiR'ared bcfiMv me (here in- 
 sert the name and title of the offieer. ) Joim Smith, to me well known as the 
 yiantor in the forefi'oinf^- deed, and stated that he had exeented the same for 
 the consideration and puri)oses therein mentioned and set fortli. 
 
 Witness my hand and official seal as such (here insert title of the official) 
 this day of IS — . (Sujnat'ire and title.) 
 
 Form (if Ar/./ioirli'd;/meiit of Ilaahdnd mid M'ifc Voiireyinij 
 Ilushand's Laud. 
 Statk of } 
 
 COLXTY Of *i 
 
 Be it remembered that on this day, came before the undersigned (here in- 
 sert name and title of officer) within ami for the county aforesaid, duly com- 
 missioned and acting, John Smith, to me well known as the grantor in the 
 foregoing tleed, and stated that he had executed the same for the considera- 
 tion and jnirposes therein mentioned and set forth. 
 
 And on the same day also voluntarily ajjpeared before me Mary Smith, 
 wife of the said John Smith, to me well known as the person signing sai<l 
 <leed, and in the absence of her said husband, declared that she had of her 
 own free will signed and sealed the relinquishment of dower in the foregoing 
 deed, for the purposes therein contained and set forth, without compulsion 
 or un-due influence of her said husband. 
 
 "Witness mv hand and seal as such (title of the officer) on this day of 
 
 18—. 
 
 (Sig/iature arid title of t/w officer.) 
 
 Form, of Deed of IInKhinid and. Wife to the Wife's Land.s. 
 
 State of } 
 
 CouxTY OK — ;> 
 
 On this day came before me a didy commissioned, qualified, and acting 
 (here insert name and title of the officer) within and for the county afore- 
 said, John Smith and IJIary Smith, his wife, to me well known as the grant- 
 ors in the foregoing deed. And the said John Smith stated that he had exe- 
 cuted the same for the consideration and purposes therein mentioned and set 
 forth. And also voluntarily appeared before me the said INIary Smith, and in 
 the absence of her husband, declared that she had of her own free will exe- 
 cuted the same for the purposes therein contained and set forth, without 
 compulsion or imdue influence of her said husband. 
 
 "Witness mv hand as such (here insert title of officei-) on this dav of 
 
 18—. 
 
 (Signature and title of opcer.) 
 
 Any substantial deviation from this form of acknowledgment is fatal. 
 The omission of either of the words " consideraticm " or '' purposes " will 
 avoid the acknowledgment. 
 
 Form if Proof of Subscribi/ig Witnesses. 
 State of } 
 
 Coi XTY OK !i 
 
 Be it remembered that on this day came before me, a notary public, in and 
 
 for said county and state , one of tlie subscribing witnesses to the 
 
 foregoing deed, to me personally well known, who, being by me first duly 
 [Ark. 2.]
 
 64 ARKANSAS. 
 
 sworn, stated that he saw , the grantor in said deed, subscribe the' 
 
 same on the day of its date, or that he acknowledged in his presence on tlie 
 
 . (lay of —, 18 — , tliat he had executed said deed for tlie consideration 
 
 and purposes tlierein expressed. And that he and , the other sub- 
 scribing witness subscribed said deed as attesting witnesses at the request 
 of said grantor. 
 
 In testimony whereof, I have hereto set my hand and seal of office on this 
 
 day of , 18—. 
 
 {Signature and title.) 
 
 Form of Proof of Hand-writing of Grantor and Subscribing Witness. 
 
 State of ? 
 
 County of — ^ 
 
 Be it remembered that on this day of , 18 — , came before me, a 
 
 notary public, in and for said county and state, John Doe and Richard Roe, 
 and upon their oaths stated that the signatures of the grantor in the fore- 
 going deed, and of , a witness thereto, are genuine, and are in the 
 
 handwriting of said and respectively. 
 
 In testimony whereof I have hereunto set my hand and seal of office on 
 
 this day of 18 — . 
 
 {Signature and title.) 
 
 Actions. — {See Suits.) 
 
 Administration. — {See Claims against Estates of Deceased Persons.) 
 
 Affidavits. — Maybe made in the state before any officer authorized tO' 
 take acknowledgments of deeds. And out of the state before a commission- 
 er of Arkansas, judge of a court, mayor of a city, notary public, or justice 
 of the peace. If made before an officer having no seal, his official charac- 
 ter must be certified by a clerk of a court of record. See Proof of Claims. 
 
 Aliens. — May own, devise, transmit, inherit, or in any way acquire or 
 dispose of lands or other property. 
 
 Appeals. — May be taken from the judgment of a justice of the peace tO' 
 the circuit court within thirty days from the date of tlie judgment. An 
 appeal from the circuit court to the supreme court may be taken at any time 
 within three years from the date of the judgment appealed from. Infants, 
 married women, and persons of unsound mind at the time of rendering such 
 judgment, have one year after the removal of their disabilities in which to 
 appeal. Should one of such persons die, his legal representative may appeal 
 at any time within one year from the date of his death. 
 
 Appeals to the circuit court from the probate court may be taken at any 
 time within one year from the date of the judgment and from the county 
 court to the circuit within six months from the date of the judgment. 
 
 Arrest. — The defendant may be arrested in a civil action, upon the plain- 
 tiff filing an affidavit stating the nature of his claim or debt, charging the 
 defendant with fraud in contracting the same, that it is just the amount or 
 value the plaintiff bc'lievcs he ought to recover, and that affiant believes, 
 either the defendant is about to depart from the state, and with the intent to- 
 defraud his creditors, has concealed or removed from the state his property, 
 or so much thereof that the process of the court after judgment cannot be 
 executed, or tluit the defendant has money, or securities for money or evi- 
 dence of debt in tlie possession of himself, or others, for his use, and is 
 about to depart from tlio state without leaving property therein sufficient to 
 satisfy the claim of tlie ])laintift', Bond must be given to indemnify the de- 
 fendant, with one or more sufficient securities, who need not be owners of 
 real property. 
 
 ]Ark. 3.]
 
 ARKANSAS. 5$ 
 
 Assignments. — Tn all cases wUcro any person shall assign any property, 
 r.-iil, personal, mixed, or Glioses in action for the payment of debts, before 
 llie assifjnee shall be entitled to take possessi(m, sell, or in any Avay manage, 
 or control any property so assigned, he shall file in the offiee of the clerk of 
 the circuit, court having eqixity jurisdiction, a complete inventory and descrip- 
 tion of said property, and execute a bond to the State of Arkansas in double the 
 value of the property, with security to be approved by tlie court, conditioned 
 tliat the assignee shall execute the trust, sell the property to the best advan- 
 tage, and the proceeds thereof to the creditors mentioned in the assignment, 
 according to the terms thereof, and faithfully perform his duties according 
 to law. 
 
 The assignee shall at the first temi of the court after one year from the 
 date of the assignment, and at the corresponding terms of the court there- 
 after, until the proceeds of the assigned property be disposed of, file his ac- 
 counts in the clerks' office of the said court. The reports of the assignee 
 sliall be examined by the court and may be allowed credit for such debts as 
 are uncollectible, and a compensation not to exceed ten per cent, on sums 
 mider one thousand dollars, and five per cent on all sums exceeduig that 
 amount. 
 
 If the property is involved in litigation the court may authorize the 
 assignee to employ an attorney. 
 
 The assignee shall be required to sell at public auction, within one hundred 
 and twenty days from the execution of the bond, on thirty days notice, all 
 the property assigned, and any person damaged by the neglect, waste or im- 
 ])roper conduct of the assignee, may bring his action on the bond in the 
 name of the state for the use of such person. 
 
 The assignee is appointed by the debtor, and the acknowledgment is the 
 same as that of a deed. 
 
 It has grown into a practice, now in this state, under this statute, to prevent 
 attachments by creditors not consenting to assignment, to have the chancel- 
 lor to appoint the assignee or some one else a receiver, to take charge of the 
 ]iroperty and administer the same under the direct orders of the court, and 
 which enables the parties to evade the sale of the property at public auction. 
 It is also held here, that after the receiver is appointed by the court, that the 
 property is not subject to attachment, because it is in cusfocUa legis. 
 
 By a recent act of the legislature it is provided that any assignment for 
 the benefit of creditors may be contested or attacked for fraud by any cred- 
 itor, and proof of fraud on the part of the assignor shall be sufficient to in- 
 validate the assignment, whether the assignee knew of it or not. Prior to this 
 statute, our courts had held that the assignment was good provided the 
 assignee did not know of the fraud. 
 
 Assignments of Bills and Notes. ^h.\\ bonds, bills, notes, agreements and 
 contracts, in writing, for the payment of money or property or for both 
 money and property, shall be assignable. The maker of a note, when sued 
 by an assignee, caimot question the consideration of the assignment. 
 
 The lien or equity held or possessed by the vendor of real estate, when the 
 same is expressed upon or appears from the face of the deed or conveyance, 
 shall inure to tlie benefit of the assignee of the note or obligation given for 
 the purchase money of such real estate, and may be enforced by such assignee. 
 
 Bills of Exohanrje and Promissory Notes assigned in good faith, and for a, 
 valuable consideration before m iturity, are governed in all respects by the 
 law merchant concerning commercial and negotiable paper. 
 
 Assignee of a note or bill is not required to prove the assignment, unless 
 the defendant shall annex to his answer an affidavit denying such assign- 
 ment, and alleging that one or more of said assignments on such instrument 
 was forged. Nor is it necessary for the assignee to set forth the considera- 
 tion of such assignments on any assigned paper. 
 
 All blank assignments shall be taken to have been made on a day most tc» 
 the advantage of the defendant. 
 
 No assignor shall be able to release any part of the consideration of the 
 instrument by him assigned after the assignment thereof. 
 [Ark. 4.]
 
 56 ARKANSAS. 
 
 Attachments — The plaintiff in a civil action may, at commencement there- 
 of, have an attachment against the property of the defendant, in actions for 
 the recovery of mone}% where the action is against: first, a defendant or sev- 
 eral defendants, who, or some of whom, is a foreign corporation or a non- 
 resident of the state, notwithstanding plaintiff's non-residency; or, second, 
 who has been absent from the state four months; or, third, has departed 
 from the state with the intent to defraud his creditors; or, fourth, has left 
 the county of his residence to avoid the service of a summons; or, fifth, 
 so conceals himself that a summons cannot be served upon him; or, sixth, 
 is about to remove, or has removed, his property, or a material part thereof, 
 out of the state, not leaving enough therein to satisfy the plaintiffs claim, 
 or the claim of defendant's creditors; or, seventh, has sold, conveyed, or oth- 
 erwise disposed of his property, or suffered or permitted it to be sold, with 
 the fraudulent intent to cheat, hinder and delay his creditors; or, eighth, is 
 about to sell, convey, or otherwise dispose of his property with such intent. 
 But an attachment shall not be granted where the defendant is a foreign cor- 
 poration or a non-resident for any claim arising other than upon contract. 
 
 Where there is more than one defendant, the estate or interest of such de- 
 fendant, as embraced in the above sub-divisions, is subject to the attachment. 
 
 In order to obtain the attachment, the plaintiff must file in the office of 
 the clerk, or the justice of the peace, as the case may be, his complaint under 
 oath showing the nature of the claim, that it is just the amount he believes 
 he ought to recover; and the existence in the action of some one of the 
 grounds of attachment above enumerated. The affidavit in the case may be 
 made by an agent or attorney. The lien of an attachment can not be 
 affected by a subsequent general assignment. 
 
 The order of attachment is issued by the clerk or justice f)f the peace, on 
 the plaintiff filing a bond with one or more sureties, conditioned to pay all 
 damages the defendant may sustain if the order is wrongfully obtained. 
 
 Attaching creditors are entitled to satisfaction out of the attached property 
 according to their respective priorities. 
 
 The sureties in the attachment bond are resiionsible for the amount of the 
 actual damages, which do not include attorneys' fees or prospective profits. 
 
 Under the writ of attachment, debts due the defendant may be gamisheed. 
 But if the garnishee refuses to answer and pay into court, the only way is 
 to bring a separate suit against the garnishee and obtain a judgment against 
 iiim and ijroceed by execution to make the money; the only object to be ob- 
 tained, in suing out the garnishment in the attachment case, is to fix a lien on 
 the property or fund in the hands of the garnishee (unless the garnishee sees 
 proper to answer and pay into court, which if he does it is a full protection 
 to him). 
 
 Attachments may be sued out, and the actions in which the same are ob- 
 tained may be prosecuted in any county in which property may be attached; 
 or a garnishee, who is indebted, or has property belonging to the defendant, 
 is served with process. 
 
 Tlie creditor may have an attachment before his debt is due, when the 
 debtor has disposed of his property with fraudulent intent, the creditor first 
 I)i'ocuring an order for such attachment from the circuit judge or clerk. 
 
 Banks and Bankers. — The general laws in banking applies in fliis state, 
 without any special statutory restrictions. 
 
 Bills of Exchange and Promissory Notes. — (See Assignments of Bills and 
 
 Notes.) 
 
 Bills of Lading. — There is no special legislation on this subject in this 
 state. 
 
 Chattel Mortgages. — ^lust bo acknowledged and proved as other deeds 
 and mortgages, but are good between the parties without acknowledgment 
 or proof. Filing with the following endorsement serves the same purpose as 
 
 [Ark. 5.]
 
 ARKANSAS. 57 
 
 recording: — "This instrument to be filed but not recorded." Tlie lien 
 attaches from the time of filing. "When not recorded, they become void at the 
 end of a year, unless the mortgagee or his agent shall file an affidavit show- 
 ing the interest the mortgagee has in the mortgaged property, and the 
 amount due thereon. This must be filed within thirty days next before the 
 end of the year. The mortgagor may remain in possession and generally 
 <k)es until a breach of condition. If the mortgagor, by the conditions of 
 the mortgage, is allowed to remain in possession with power of disposition, 
 the mortgage is void. (S<'e Mortyages and Deeds.) 
 
 Claims against Estates of Deceased Persons. — Claims not exhibited 
 within two years after the grant of letters are barred. Claims in favor of the 
 executor or administrator, against the estate of liis testator or intestate 
 must be established by competent testimony in the probate court, and the 
 executor and administrator nuist make the same affidavit to his claim which 
 is required of other persons. Claims against estates are payable in the fol- 
 lowing order: first, funeral expenses; second, expenses of last sickness. 
 Mages of servants and demands for medicine and medical attendance durino- 
 last illness; third, judgments rendered against the deceased in his life-time, 
 which are liens on his lands, all other demands exhibited one year after the 
 grant of letters, and within two years thereafter. All actions pending against 
 tieceased persons at the time of their death, and revived against their per- 
 sonal representatives, are considered as legally exhibited against their estates 
 from the time of such revival. 
 
 All actions commenced against an executor or administrator are consider- 
 ed as demands legally exhibited against his estate from the time of service 
 of process. Claims are exhibited by delivering to the executor or adminis- 
 trator a copy of the judgment, note, or other written contract, and exhibit- 
 ing the original; or, if the claim is on an account, an itemized account must 
 be delivered. The claimant must append to his demand an affidavit that 
 nothing has been paid or delivered towards the satisfaction of the demand 
 except whatis credited thereon, and that the siim above demanded is justlj^ due. 
 The affidavit may be made by any one acquainted with the facts if not made 
 by the claimant, it must state that the affiant is acquainted with the facts 
 swoni to. No debt shall be paid or allowed until this affidavit has been made, 
 and no suit on a claim can be brought until the affidavit has been made. 
 Before whom the affidavit can be made; see Affidavit. 
 
 The administrator may allow a claim by indorsing his approval. If the 
 claim is approved, it shall be by the claiman, returned into the probate court 
 for allowance and classification; if rejected, the claimant must give the ad- 
 ministrator ten days' notice of the presentation of the claim to the probate 
 court for allowance, tlie court will hear and determine all such demands, and 
 its allowance of the claim has the same force of a judgment. Trials in the 
 pi-obate court on these claims are in a summary manner without the forms 
 of pleading. Depositions may be used as in other courts. All demands 
 must be made according to their classes. Non-residents and married women 
 ■cannot act as administrators. 
 
 Claims against Persons Living. — In suits on accounts, the affidavit of 
 
 the ])laintitf that the account is just and correct is sufficient to establish the 
 same, unless the defendant shall, under oath, deny the correctness of the ac- 
 count either in whole or in part; in which case the plaintiff shall be held to 
 p-ove such part of his account as is denied, by other evidence. As to how 
 proved, (.^ee Affidavits. ) 
 
 Non-resident Plaintiffs mvist, in all cases, give bond with surety, conditioned 
 for the payment of all cost which may acrue in the action; but suits may be 
 brought by poor persons in forvia pauperis. 
 
 Conditional Sales. — Condition sales are upheld in this state, and replevin 
 will lie for the i)roperty after condition is broken, against one in possession 
 by purchase from the original vendee, without notice. 
 [Ark. 6.]
 
 58 ARKANSAS. 
 
 Corporations. — Ary organized under a general incorporation layr. Stock 
 holders are liable only to the amount of their stock. Corporations for man- 
 Tifacturing or business purposes may be formed by any number of persons 
 not less than three, by entering into articles of association for that purpose. 
 The articles of association, together with a certificate, sworn to by the di- 
 rectors, and showing compliance with the articles, are to be filed with the 
 secretary of state and with the clerk of the county in which the corporation 
 is to have its place of business. The capital stock has to be divided into 
 shares of twenty-five dollars each, and the number of shares are fixed by the 
 articles of association, but may be increased by the stockholders specially 
 called for that purpose. 
 
 The directors must be at least three in number and chosen annually, but a. 
 failure to hold an annual election does not dissolve the corporation. The di- 
 rectors elect the president which must be one of their number, and also the 
 other officers. The secretary and treasurer must reside in the state. Cor- 
 porations may hold such lands as are necessary for corporate purposes, and 
 may receive lands in payment of debts. The president and secretary are re- 
 (piired to file in the office of the county clerk annual statements, showing the 
 financial condition of the corporation, and upon failure to do so are liable 
 for all the corporation debts. If the directors declare a dividend when the 
 corporation is insolvent, or one which will make it insolvent, they become 
 liable for the debts. Corporations have the power to sell the stock of sub- 
 scribers who are in default in the payment of their .stock subscriptions. The 
 taxes on the stock are assessed against, and is paid by the stockholders. A 
 fee of twenty five dollars is to be paid to the secretary of state for filing the 
 articles of association. Railroads are incorporated under a separate law, 
 and to set it out would answer no purpose. 
 
 Costs. — (See Claims against Persons Living.) 
 
 Courts, Terms and Jurisdiction.— -Sto^e Cii-cnit.— The circuit court has 
 both law and chancery jurisdiction in all counties in the state except where 
 by statute there is a separate chancery court created, it is the only court for 
 the prosecution of felony. Cases committed vmder the state laws, it has a 
 general jurisdiction; in all civil cases not especially provided for some other 
 court, for cases which are required, or are brought in the justice of the peace 
 court, and in the county or probate court, it is the appellate court. 
 
 Court Calendar.— 
 
 UNITED STATES CIRCUIT COURT. 
 
 Associate Justice U. 8. Supreme Court, Samuel F. Miller, of Iowa. Circuit Judye, 
 D. J. Brewer, of Kansas. 
 
 Terms. At Little Rock, 2d Monday in April and 4th Monday in Octobe 
 UNITED STATES DISTRICT COURT, 
 
 Eaxtern District. .Ttidge, Henry C. Caldwell. Clerk, R. S. Goodrich, Little Rock ; 
 Samuel I. Clark, Helena. 
 
 Tfrms. At Little Rock, 1st Monday in April and October ; At Helena, 2a Mon- 
 day in March and October. 
 
 Western DUtrirt. Judge, Isaac C. Parker. Clerk, Stephen Wiieeler, Ft Smith. 
 Ttrms (with Circuit Court powers). At Ft. Smith, 1st Mondays in February, May, 
 
 August and November. 
 
 SUPREME COURT OF ARKANSAS. 
 
 Cliief Ju.<!lice, S. R. Cockrell, of Little Rock. Associate Justices, Jno. R. Eakln, of 
 Washington, and \V. W. Smith, of Helena. 
 
 Terms. At Little Rock, on 4th Monday in May and November. 
 
 [Ark. -.]
 
 ARKANSAS. 
 
 CIRCUIT COURT— TEIIMS FOR 1888. 
 
 59 
 
 Coxinty. 
 Arkansas 
 Ashley 
 Baxter . 
 P.enton 
 Boone . 
 Bradley 
 Calhoun 
 
 Carroll . 
 
 Chicot . 
 Cnark . 
 
 Clay . 
 
 Clcbnrne 
 Cleveland 
 Columbia 
 Conway . 
 
 Craighead 
 
 Crawford 
 Crittenden 
 Cross . 
 Dallas 
 
 Desha 
 
 Drew . . 
 Faulkner 
 Franklin 
 Fulton . . 
 Garland . 
 Grant . . 
 Greene . 
 Hempstead . , 
 Hot Springs . . 
 Howard . . . . 
 Independence 
 Izard . . 
 Jackson . 
 Jefferson 
 Johnson . 
 Ijafayette 
 Lawrence 
 
 I^e .... 
 Lincoln . 
 Little River 
 
 Logan ... 
 Lonoke . . 
 Madison . . . 
 Marion . . . 
 Miller . . . . 
 Mississippi . 
 Monroe . . . 
 Montgomery 
 Nevada . . . 
 Newton . . . 
 Ouachita . . 
 Perrv . . . . 
 Phillips . . , 
 
 Pike 
 
 Poinsett . . 
 Polk 
 
 Pope 
 
 Prairie . . . 
 Pulaski . . . 
 Randolph . , 
 Saline . . . 
 
 Hcott 
 
 Searcy ... 
 
 Sebastain . , 
 Sevier . . . . 
 
 f.\rk. 8.] 
 
 County Seat. Circuit 
 
 DeWitt 11 
 
 Hamburg 10 
 
 Mountain Home . . 14 
 
 Bentonville .... 4 
 
 Harrison 14 
 
 Warren 10 
 
 Hampton 13 
 
 f Eureka Springs ) , 
 
 \ Berryville ; * 
 
 Lalte Village .... 10 
 
 Arkadelphia ... 8 
 
 f Boydsville 1 o 
 
 (Corning ^ ■ ■ • ^ 
 
 Sugar Loaf 6 
 
 Toledo 10 
 
 Magnolia 13 
 
 Lewisburg 5 
 
 /Lake City \ o 
 1 Jonesboro J " ' ' 
 
 \an Buren 12 
 
 Marion 2 
 
 Wlttsburg 2 
 
 Princeton 10 
 
 / Watson ) ] ] 
 
 t Arkan.sas City j ' ^ 
 
 Monticello 10 
 
 Conway 6 
 
 Ozark 5 
 
 Salem 14 
 
 Hot Springs .... 7 
 
 Sheridan 7 
 
 Paragould . • . . . 2 
 
 Washington .... 9 
 
 Malvern 7 
 
 Centre Point. ... 8 
 
 Batesville 3 
 
 Melbourne 14 
 
 Jacksonport .... 3 
 
 Pine Bluff 11 
 
 Clarksville 5 
 
 LewisviUe 9 
 
 Powhatan 3 
 
 E. District 
 
 Marianna I 
 
 Star City 11 
 
 Richmond 8 
 
 Paris 12 
 
 Ijonoke 6 
 
 Huntsville 4 
 
 Yellville 14 
 
 Texarkana .... 9 
 
 Osceola 2 
 
 Clarendon 1 
 
 Mt. Ida 8 
 
 Prescott 9 
 
 Jasper 14 
 
 Camden 13 
 
 Perryville 7 
 
 Helena 1 
 
 Murfreesboro ... 8 
 
 Harrisburg 2 
 
 Dallas 8 
 
 Dover 5 
 
 f De Vails Bluff ) , 
 
 1 Dos Arc J • ^ 
 
 Little Rock .... 6 
 
 Pocaliontas .... 2 
 
 Benton 7 
 
 Waldron 12 
 
 Marshall 14 
 
 /Ft. Smith ) ,„ 
 
 ( Greenwood | • • ^^ 
 
 Locksburg 8 
 
 Terms begin. 
 2d Mon. in Mar. and Sept. 
 1st Mon. in Feb. and Aug. 
 2d Mon. in Mar. and Sept. 
 3d Mon. in Feb. and Aug., Mar. and Sept. 
 3d Mon. in Jan. and July. 
 1st Mon. in April, and Oct. 
 2d Mon. in Feb. and Aug. 
 lutli Mon. after 3d Mon. in Feb. and Aug. 
 3d Mon. in Feb. and Aug. 
 1st Mon. in Jan. and July. 
 3d Mon. after 2d Mon. in Jan. and July. 
 3d Mon. after 1st Mon. in F'eb. and AuV. 
 2d Mon. after 1st Mon. in Feb. and Aug. 
 4th Mon. in Feb. and Aug. 
 2d Mon. in Mar. and Sept. 
 1st Mon. in Mar. and Sept. 
 1st Mon. in Mar. and Oct. 
 loth Mon. after 1st Mon. in Feb. and Aug. 
 6th Mon. after 1st Mon. in Feb. and Aug. 
 6th Mon. after last Mon. in Feb. and Aug. 
 11th Mon. after 1st Mon. in Feb. and Aug. 
 9th Mon. after 1st Mon. in Feb. and Aug. 
 4th Mon. in March and Sept. 
 3d Mon. in Feb. and Aug. 
 4th Mon. in Jan. and July. 
 3d. Mon. in Feb. and Aug. 
 4th Mon. in Jan. and July. 
 1st Mon. In Jan. and June. 
 4th Mon. in Mar. and Sept. 
 4th Mon. in Mar. and Sept. 
 3d Mon. in Feb. and Aug. 
 4th Mon. after 1st Mon. in Feb. and Aug^. 
 1st Mon. in April and Oct. 
 1st Mon. in Feb. and Aug. 
 2d Mon. in Jan. and July. 
 1st Mon. in Jan. and July. 
 2d Mon. in April and Oct. 
 16th Mon. after 1st Mon. in Jan and Julv. 
 4th Mon. in Mar. and Sept. 
 1st Mon. in May and Dec. 
 1st Mon. in Feb. and Aug. 
 10th Mon. after 1st Mon. in Jan. and July. 
 8th Mon. after 1st Mon. in Jan. and July". 
 lOth Mon. after 3d Mim. in Feb. and Aug, 
 4th Mon. in Feb. and Aug. 
 10th Mon. after 2d Mon. In Jan., and 11th 
 
 after 2d Mon. in July. 
 2d Mon. after last Mon. in Feb. and Aug. 
 1st Mon. in Jan. and July. 
 1st Mon. in Mar. and Sept. 
 4th Mon. in Feb. and Aug. 
 1st Mon. in June and Dec. 
 13th Mon. after 1st Mon. in Feb. and Aug. 
 4th Mon. after 3d Mf)n. in Feb. and Aug. 
 6th Mon. after 2d Mon. in Jan. and July. 
 1st Mon. in May and Nov. 
 1st Mon in Jan. and J uly. 
 9th Mon. after 1st Mon. in Mar. and Sept. 
 2d Mon. in Mar. and Sept. 
 18th Mon. after 3d Mon. in Feb. and Aug. 
 11th Mon. after -ithMon. in Jan. and Julv. 
 8th Mon. after 1st Mon. in Feb. and Mug. 
 7th Mon. after 2d Mon. in Jan., 8th Mon. 
 
 after 2d Mon. in July, 
 1st Mon. in April and Nov. 
 3d Mon. in Mar. and Sept. 
 2d Mon. after 3d Mon. In Feb. and Aug. 
 2d Mon. in IMar. and 4th Mon. in Oct. 
 6th Mon. after 1st Mon. in Jan. and July. 
 4th Mon. in Feb. and Aug. 
 2d Mon. in Feb. and Aug. 
 2d Mon. in Feb. and Aug. 
 13th Mon. after last Mon. in Feb. and Aug. 
 10th Mon. after last Mon. in Feb. and Aug. 
 8th Mon. aft^r 2d Mon. in Jan. and 9lh 
 
 Mon. after 2d Mon. in July.
 
 60 ARKANSAS. 
 
 Sharp Kvenins Shade . 3 ].';th Mon. after 1st Mon. in .Tan. and July. 
 
 St. Francis . . l''orest City 1 8th Mon. alter od Mon. in Feb. and Aug. 
 
 Stone Mountain View . . 3 11th Mon. after 1st Mon. in Jan. and July 
 
 Union El Dorado I'i .Sd Mon. after 1st Mon. in Mar. and Sept. 
 
 Van Buren . .Clinton <i .Id Mon. in Feb. and Aug. 
 
 Washington . Fayetteville .... 4 11th Mon. after 3d Mon. in Feb. and Aug 
 
 White Searcy 1 .Sd Mon. in Jan. and July. 
 
 Woodruff . . .Augusta 1 2d Mon. after 3d Mon. in Feb. and Aug. 
 
 Ypii /Danville ) r 4th inon. in Jan. and Aug. 
 \DardanelIe j " " "^ 2d Mon. in Feb. and Sept. 
 
 FIRST CHANCERY DISTRICT. 
 Judge, D. W. Carroll, of Little Rock. 
 
 County. Counly Seat. Terms begin. 
 
 Faulkner . . . Conway 4th Mon. in Mar. and Sept. 
 
 Lenoke .... Lenoke ."d Mon. in May and Nov. 
 
 Pulaski .... Little Rock 1st Mon. in April and Oct. 
 
 Curtesy. — Curtesy as at common law exists in this state, except that the 
 wife by conveyance, can deprive tVie husband of it, but his curtesy attaches 
 at her death to all lands of which she died seized. 
 
 Deeds. — See Acknowledgments. 
 
 Depositions. — Deposition may be vised on the trial of all is.sues in any 
 action where the witnesses do not reside in the*county where the action is 
 pending, or are absent from the state, or reside more than thirty miles from 
 where the court sits in which the action is pending, and may be taken de 
 bene esse, or upon reasonable notice to the adverse party, or upon interroga- 
 tories and commission. 
 
 Reasonable notice is one day for each thirty miles of travel, and one day 
 for jireparation, where the distance is one hundred miles or less and two 
 days where it is more. 
 
 Where the distance exceeds fifty miles, and the usual mode of travel for 
 the whole or part of the distance is by steamboat, railway, or other public 
 ^conveyance, the time ordinarily required by such mode of travel with the 
 days of preparation, shall be deemed sufficient in the notice. 
 
 AVhere more than three days' notice has been given to take a deposition 
 out of the state, the party may by notice to the adverse party or his attorney, 
 served in one day after service of the first notice, require the deposition to 
 be taken upon interrogatories. Where a deposition is taken upon interroga- 
 tories, neither the party, his agent or attorney shall be present, unless both 
 ])arties are present or represented, or unless the opposite party, his agent or 
 attorney, has been seasonably notified of the time and place of examination 
 or the party attending has been notified by the adverse party to attend. 
 
 The certificate of the officer must state the time and place of taking the 
 •deposition ; that the witnesses were duly sworn before they gave their testi- 
 mony, and it was written and read to and subscribed by them, in the 
 presence of the officer, and also state by whom it was written, and which of 
 the i)arties in person, or by agent or attorney, was present at the examina- 
 tion of tlie witnesses. 
 
 AVhen the depositions are completed, they shall be sealed up by the officer, 
 and directed to the clerk of the court in which the action is pending, with ah 
 indorsement thereon, showing them to be depositions, and style of the case, 
 and either delivered or mailed to the clerk by the officer taking them; except 
 that depositions taken out of the state, sealed and directed as above, may be 
 delivered to tlie i)arty taking the same, his agent or attorney, to be by hini 
 delivered; such person so delivering them taking an oath that they have not 
 been opened by him, or other person, to his knowledge. 
 
 [Ark. 9.]
 
 ARKANSAS. 61 
 
 The statement of the witnesses must he written in the presence of the oflfi- 
 eer taking it, either by the witnesses or tiie officer. Depositions may bo 
 taken in tlie state before any judge or clerk of a court of record, or a justice 
 of tlie peace, mayor of a city, or a notary public. Deposition may be taken 
 out of the state before a commissioner appointed by the governor thereof, 
 a judge of a court, a justice of the peace, mayor of a city, jiotary public or 
 any other person empowered by a commission directed to him, by consent of 
 the parties or by order of the court. 
 
 Form— OF CAPTION. 
 
 The deposition of , taken on the day of , 18 — , between 
 
 tlie hoiirs of eight o'clock a. m. and five o'clock, p. m., at the , in 
 
 the city of , county of and state of .to be read as evidence 
 
 in an action between — '■ , plaintiff, and , defendant, pending 
 
 jji the court of county, Arkansas. 
 
 certificate. 
 
 State of ? 
 
 County of — S 
 
 I^ , a in and for the county aforesaid, do certify that the fore- 
 going deposition of was taken before me and was read to and sub- 
 scribed by him in my presence, at the time and place, and in the action men- 
 tioned in the caption, the said having been first sworn by me that 
 
 the evidence he should give in the action should be the truth, and his statements 
 were reduced to wanting by me in his presence (or by him in my pres- 
 ence), (the plaintiff alone being present at the examination or the defendant, 
 or both, or neither in person, or by attorney, being present at the examina- 
 tion, ) according to the facts. 
 
 Witness my hand and seal, of office, at on this day of , 18 — . 
 
 {Signature.) 
 
 Where a desposition is taken out of a state before an officer having no 
 seal, his official character must be certified by a clerk of a court of record 
 of the county. 
 
 Descents and distributions.— Wlicn any person shall die having title 
 to any real estate of inheritance, or personal estate not disposed of, nor 
 otherwise limited by marriage settlement, and shall be intestate as to such 
 estate, it shall descend and be distributed in parcenary, to his kindred, male 
 and female, subject to the payment of his debts and his widow's dowser, 
 in the following manner : First, to children, or their descendents in equal 
 liarts; second, if there be no children, then to the father, then to the 
 mother, if no mother, then to the brothers and sisters, or their descendants 
 in equal parts ; third, if there be no children, nor their descendants, father, 
 mother, brothers or sisters, nor their descendants, then to the grand-father, 
 then to the grand-motlier, inicles and aunts in equal parts, and so on in 
 other cases w-ithout end, passing to the nearest lineal ancestor, and their 
 children and their descendants, in eijual parts. Where there are descendants 
 of the intestate, the property decends to them per capita, if in equal degree 
 and per stirpes in unequal degree. In cases of real estate, if the inheritance 
 was ancestral and came from the father's side, it will go to the line on the part 
 of the father, not in postponements, but in exclusion of the mother's line, and 
 roiiverso where inheritance came from the mother's side. Ifthe inherit- 
 ance is not ancestral, but anew acquisition, tlien after a life estate is 
 reserved in the father and mother if alive, it will go in remainder : first, to 
 the line of the intestate's paternal uncles and aunts, and descendants, in 
 postponement of the mother's line until the former becomes extinct ; and 
 then to the line of the intestate's maternal uncles and aunts and their 
 descendants unless there should be kindred lineal or collateral, who, either in 
 r.\rk. 10.1
 
 <62 ARKANSAS. 
 
 right of propinquity or by right of representation, stand in nearer relation- 
 ship to the intestate than the uncles and aunts ; in which case such nearer 
 kindred would take the inheritance to the exckision to both of these collat- 
 eral lines, and in their hands it would become an ancestral estate. And 
 afterwards go in the blood of the relative whence it came in the ordinary 
 course of decent prescribed for ancestral inheritance. The half blood and 
 their descendants take personalty as well as realty, equal with the whole 
 blood except that they are excluded from real estate when ancestral, if they 
 lack the blood of the transmiting ancestor. 
 
 Posthumous children of the Intestate inherit as if born in the life of the 
 intestate, but other posthumous children not born at his death do not inherit 
 from him. Illegitimate children are capable of inheriting and transmitting 
 an inheritance on the part of the mother. 
 
 Divorce. — The grounds of divorce are impotency ; wilful desertion for 
 one year without reasonable cavise ; where either has a husband or wife 
 living at the time of the marraige ; where either is convicted of fellony or 
 other infamovis crime ; habitual drunkenness for one year ; such cruel or 
 barborous treatment or personal mdignity as shall render the condition of 
 the applicant intolerable ; and adultery subsequent to the marriage. The 
 pleadings are not required to be sworn to, but either party may require 
 answers under oath to interrogatories touching any matter of property. 
 The plaintiff must allege and prove in addition to a legal ground of divorce, 
 first, a residence in the state for one year next before suit brought; second, 
 that the cause of divorce occurred or existed in this state, or, if out of the 
 state, either that it was a legal cause of divorce in the state where it occurred 
 or existed, or that the plaintiffs residence was then in this state; and third, 
 that the cavise of divorce existed or occurred within five years next before the 
 commencement of the suit. The court may allow allimony and interim and at- 
 torneys' fees to the wife, on final judgment, each party is restored to the 
 undisposed property which he or she brought into the marriage. The court 
 may restore the wife to her maiden name, the court may allow the wife rea- 
 sonable allimony, which may be changed from time to time. 
 
 Dower. — A widow is entitled to dower of one-third of all lands of which 
 the husband was seized of an estate of inheritance during marriage, nor 
 relinquished by her in legal form during her life; also absolutely to one-third 
 part of the personal estate of all kinds of her husband. If the husband die 
 leaving no children, his widow is entitled to dower of one-half of the land, 
 and one-half of the personal property absolutely, and in her own right. 
 
 Evidence. — "Witnesses are not excluded on account of interest. Parties 
 may testify in all cases except that in actions by or against executors, admin- 
 istrators or guardians, in which judgment may be rendered for or against 
 them. Neither party is allowed to testify for or against the other as to any 
 transactions with or statements of the tesu '^'^r or intestate or ward, unless 
 called to testify thereto, by the opposite party. Criminals can testify in their 
 own case. 
 
 Executions. — Where the execution has not been stayed, sales are made on 
 a credit of three months on bond and security, such bond having the force 
 of a judgment if forfeited. Advertisements of the sale of lands shall be 
 made for at least twenty days before sale, by posting printed advertisements 
 at the court house door and five other public places in the county in which 
 the sale is to be made, one of which on the premises to be sold, and by pub- 
 lishing the same, for at least two insertions before the day of sale, in a 
 weekly newspaper published in the county, if one there be, the time and 
 place of the sale of personalty shall be advertised by posting written or 
 printed notices at three of the most public places in the vicinity of the place 
 of sale. 
 
 [Ark. 11.]
 
 A U KANSAS. 63 
 
 Lands to be sold at tlit^ court house door, unless the defendant request the 
 sale to be made on the land. 
 
 Executions from the ciri'uit coui't are returnable in sixty days and from 
 justices' (;oui't witliin thirty days; See Liens., also Jitdr/ments. Executions 
 are liens on personal property from the time of its delivery to the officer to 
 be levied. 
 
 Executors. — See Claims arjainst Estates. 
 
 Exemptions. — The personal jjroperty of any resident of this state who is 
 not married or the head of a family, inspecitic articles to be selected by such 
 resident, not exceeding in value the sum of two hundred dollars, in addition 
 to his or her wearing apparel, shall be ex('mi)t from seizure on attachment, 
 or sale on execution, or other process for on anycourt, issued for the collection 
 of any debt by contract; provided that no i)roperty shall be exempt from ex- 
 ecution for debts contracted for the purchase money therefor while in the 
 hands of the vendee. The personal property of any resident of this state 
 who is married or the head of a family in specific articles to be selected by 
 .such resicleiit, not exceeding in value, the sum of five hundred dollars, in ad- 
 dition to his or her wearing appaiel and that of his or her family, shall be 
 exempt from seizure on attachment, or sale on execution, or other process 
 from any court, on debt by contract. The homestead of any resident of this 
 state, who is married or the head of a family, shall not be subject to the lien 
 of any judgment or decree of anycourt, or to sale under execution, or other 
 process thereon, except such as may be rendered for the purchase money, or 
 for specific liens for improving the same, or for taxes, or against executors, 
 administrators, guardians, receivers, attorneys for money collected by them, 
 and other trustees of an express trust for moneys due from them in their 
 fiduciary capacity. 
 
 The homestead, outside of. any city, town, or village, owned and occupied 
 as a residence, shall consist of not exceeding one hundred and sixty acres of 
 land with the improvements thereon, to be selected by the owner; provided 
 that the same shall not exceed in value the sum of twenty-five hundred dol- 
 lars, and in no event shall the homestead be reduced to less than eighty 
 acres, without regard to value. The homestead in any city, town, or village, 
 owned and occupied as a residence, shall consist of not exceeding one acre 
 of land, with the improvements thereon, to be selected by the owner; pro- 
 vided the same shall not exceed in value the sum of twenty-five hundred 
 dollars, and in no event shall such homestead be reduced to less than one- 
 (juarter of an acre of land, without regard to value. 
 
 If the owner of a homestead die, leaving a widow, but no children, and 
 said widow has no separate homestead in her owji right, the same shall be 
 exempt, and the rents and pn)fits thereof shall vest in her during her natur- 
 al life; provided that, if the owner leaves children, one or more, and said 
 child or children shall share with said widow, and be entitled to half of the 
 rents and profits until each of them arrives at the age of twenty-one years. 
 Each chihls' rights to cease at twenty-one years of age, and the shares to go 
 to the younger children ; and then go to widow ; and provided that said 
 widow or children may reside on the homestead or .not. In case of the 
 death of the widow all of said homestead shall be vested in the minor chil- 
 dren of testator or intestate. 
 
 Factors. — We have no legislation, especially on this subject in this state. 
 
 False Pretense^To obtain money, or personal projierty under false pre- 
 tense, is a felony, and punished as larceny. 
 
 Frauds, Statutes of. — To charge a person for the debt, or miscarriage of 
 another, it is necessary that there be a memorandum in writing from the 
 party to be bound, and to affect real estate it is necessary to have a memor- 
 andum of writing, but if a verbal contract is entered into for sale of lands, 
 [Ark. 12 ]
 
 64 ARKANSAS. 
 
 and the party purchasing, goes hito i^ossesion and makes hnprovenients, his 
 claim can be iuforced against the party selling by action or si:)ecific perfor- 
 mance. 
 
 Garnishment. — After judgment, garnishment maybe issued against any one 
 owing the defendant, but the service on the garnishee only serves to fix a 
 lien on the property or fund in the hands of the garnishee, except that the 
 garnishee sees pi'oper to answer and i)ay the money into court, otherwise tlie 
 judgment creditor can only recover by bringing suit against the garnishee 
 direct. (See Attachment.) 
 
 Grace. — AH negotiable paper is entitled to three day.s' grace. 
 
 Homestead. — (See Exemptions.) 
 
 Insolvent Laws, — (See Assignments.) 
 
 Interest and Usury. — The legal rate is six per cent, per annum, but 
 parties may contract for any rate not exceeding ten per cent. Usurious con- 
 tracts are void both as to principal and interest, and negotiable paper tainted 
 with usury is void in the hands of an imiocent holder. Judgments bear the 
 same rates as contracts sued on. Interest begins to run on an open account 
 from the time that payment is unreasonably withheld. 
 
 Judgments. — .Judgments and decrees rendered in the circuit court are 
 liens for three years on the real estate of the defendant, situated in the 
 county in which the court is held. Judgments of a justice of the peace 
 becomes a lien on the real estate of the defendant by filing a transcript of 
 said judgment with the clerk of the circuit court. 
 
 Execution may be issued on a judgment in the circuit court until it is 
 barred by the statute of limitations which is ten years, and may be issued on 
 a justice judgment, while the same remains in the justice court at any time 
 within five years, but after the transcript is filed in the circuit court execu- 
 tion will issue on it for ten years. 
 
 Death of the plaintiff does not prevent issue of execution, but the names 
 of the representatives may be indorsed ; nor does the death on part of the 
 defendants prevent execution against survivors. 
 
 Execution cannot issue on a judgment or decree, unless ordered by the 
 court in term time or until ten days after rendition thereof if the court is 
 not in session. 
 
 Foreign iudgments are proved by the authentication acts of congress of 
 May 20th, 1790. 
 
 Judgment notes are not allowed in this state. 
 
 .Judgments are rendered at the first term of a court of record if there is 
 no defence. 
 
 Justices of the Peace. — Justices of the peace have original jurisdiction 
 in all amovmts of one hundred dollars or less in all matters of contract, and 
 concurrent jurisdiction with the circuit court, in all matters of contract 
 where the amount in controversy does not exceed the sum of three hundred 
 dollars, and also concurrent jurisdiction in all matters of damage to per- 
 sonal property for one hundred dollars or less. 
 
 Landlord and Tenant. — A landlord has a lein on all the crop grown 
 upon his land for the payment of his rent, which takes precedent over all 
 otlier liens. 
 
 Leases. — -VU leases for more than one year must be in writing, aside 
 from this there is no specnal legislation on this .subject. 
 
 [Ark 13.]
 
 AKKANSAS. 65 
 
 License. — Commercial travelers, or dninnners, arc not taxed, except that 
 munieipal corporations in Avliich tlicy do business require them to take out a 
 license, this however is rarely done,- and the right to so require is very much 
 questioned hy the bar, although no test case has yet been made. In Little 
 lioek the tax is twenty-five dollars. 
 
 Liens. — See Execvtiona, Judgments, CliaUcl Mortgages, Mortgages, Mechan- 
 ics' Liens. 
 
 Limitations of Action or Suits. — All actions of debt, founded on con- 
 tract or liability not iu writing ; all actions of account and the like, founded 
 on any contract or liability, express or implied ; all action for injuring goods 
 or chattels, must bo brought within three years from the time the cause of 
 action accrued. Actions for wrongfully taking goods or chattels must be 
 brought within three y^ars from the time the cavise of action accrued. 
 Actions on ])romissory notes and other instruments of writing, not under seal, 
 must be commenced within live years after the cavise of action accrued, and 
 after actions on bonds and writings under seal, and judgments and decrees 
 must be commenced within ten years after the cause of action shall accrue. 
 Infants, insane persons, and married women have the period aUowed by tlie 
 statutes in which to sue after their disabilities are removed, a right or action 
 which is barred may be revived by a new promise in writing. Limitations of 
 of actions for the recovery of real estate, is seven years ; saving of three 
 years after the removal of disabilities in favor of infants, married women, 
 and insane persons, but not to non-residents. 
 
 Limited Partnerships. — Limited partnerships for the transaction of mer- 
 cantile, mechanical and ]nanufacturing business, are regulated by statute, so 
 far as to require a public record of names, business and the terms of the 
 partnership. 
 
 Married Women. — The real and personal property of any feme covert in 
 this state, acquired either before or after marriage, whether by gift, devise, 
 or othei-wise, shall so long as she may choose, be and remain her separate 
 estate and property, and may be devised, or bequeathed by her the same as 
 if she was feme sole ; and the same shall not be subject to the debts of her 
 husband. A wife's separate property is not liable ibr any debts contracted 
 by her except the contract is with special reference to it ; females become of 
 age at the age of eighteen, but under the constitution a girl would have the 
 right to stay on the homestead of their father or mother until they were 
 twenty-one years of age. 
 
 Mechanics' Liens. — Artisians, builders and mechanics, have liens for 
 work and labor and materials furnished by them on any building, edifice or 
 tenament, also for money by them paid for such materials. A true account 
 of such work, etc., must be filed in the ofiice of the circuit court of the 
 county, within three months after the lien shall accrue, which must be 
 sworn to by the plaintift' or some person for him, and the lien may be 
 enforced by scire facias. Laborers have also a lien on the products of their 
 labor. 
 
 The owner of the building or otlier thing to be constnicted is required to 
 hold back from the contractor one-third of the money until ten days after 
 the work is completed ; this is to secure laborers and sub-contractors. 
 
 Minor. — (See Limitations of actions or suits.) 
 
 Mortgages of Heal Estate. — Acknowledged the same as deeds, and are 
 not liens until they are filed or recorded although they are good between the 
 parties. They may l)e foreclosed by complaint in equity. Sales of person- 
 alty under decree are made on a credit of three months. Sales of land on 
 not less than three nor more than six months, the purchaser giving bond 
 [Ark. 11]
 
 66 ARKANSAS. 
 
 with surety, having force (>f a judgment, and a lien being retained on the 
 lands sold for the price. Personal decree is given for the amount due on 
 the mortgage, and may be enforced by execution either before or after the 
 sale of the mortgaged property, for any amount due. 
 
 Mortgages may be released by entry of satisfaction on the margin of 
 the record of the mortgage in the recorder's ofiice by the mortgagees. 
 Property, real or personal, sold vmder mortgages and deeds of trust shall 
 bring two-thirds of its appraised value. If the property does not bring two- 
 thirds of its appraised value, within case of personalty, another offering 
 may be made in sixty days, or in case of realty in one year, when the sale 
 shall be made to the highest bidder without reference to value. The realty 
 may be redeemed at any time by the mortgagor within a year from the sale 
 thereof, by paying the aijiount the property sold for, ten per cent, interest 
 and cost. 
 
 The mortgagee or trustee before sale shall a^jply to a justice of the town- 
 ship where the sale is to be made, to appoint three appraisers, who shall 
 appraise the property under oath, and they or any two of them shall make a 
 written report to the trustee or mortgagee, which shall be open to the 
 l)arties interested. 
 
 Notes and Bills of Exchange. — ('Sec Assuinments of BilJst and Notes.) 
 
 Oaths and Affidavits.— (^SVe Ajftdavits.) 
 
 Partnerships. — (See Limited Partnerships.) 
 
 Promissory Note. — {See Assignvient of Bills and Notes.) 
 
 Practice. — The courts practice under a code, substantially like the Ken- 
 tucky code. 
 
 Proof of Claims. — {See Claims against persons Un/ig. and Claims against 
 estates <f deceased persons.) 
 
 Recording. — {See Chattel Mortgages, also Mortgeiges.) 
 
 Redemption. — Real Estate or any interest therein when sold under execu- 
 tion, or decree in chancery, may be redeemed by the debtor from the 
 purchaser or his vendees, within twelve months after the sale by paying to 
 the clerk of the court where the execution issued the purchase money, with 
 fifteen per cent, per annum. The sheritF gives the p.urchaser a certificate of 
 sale, biit the purchaser is not entitled to a conveyance, or possession of the 
 premises until the time of redemption has exj^ired. .Judgment creditors may 
 also redeem before the expiration of twelve months from the time of sale. 
 
 {See Tax Laws.) 
 
 Replevin. — Personal i)roi)erty may l)e replevied at the time of the com- 
 mencement of a suit, or at any time before judgment, by the plaintiff 
 swearing to his ownership of it, its value, that it is wrongfully detained by 
 the defendant, and it has not been taken for a tax or under any order or 
 judgment of court, or excution or attachment, or that if it has been siezed 
 under an execution or attachment against the plaintiff it is by statute 
 exempt from such seizure. The affidavit may be made by an attorney or 
 agent. The plaintiff must also give bond, w ith one or more sufficient sureties 
 to the defendent, conditioned that the plaintiifwill duly prosecute his action, 
 return the projjerty, if a return thereof be adjudged, and pay all damages 
 that maybe adjudged against him not exceeding double the value of the 
 ])roperty and costs. " The defendant may retain the property, by giving bond, 
 imtil the suit is determined. 
 
 Reports, Judicial. — There are forty-seven Arkansas reports published, and 
 Hoses' Digest of tlie first twenty-three, and Oliphints' of the remaining up 
 
 [Ark. 15.]
 
 ARKANSAS. 67 
 
 to ami inchuling the forty-fifth, also IIoi)kins' and Morgans' of the first 
 lorty-four voliiiues. 
 
 Revision. — Last revision of the statutes was in 1884, styled "Mansfield's 
 Digest.' 
 
 Revivor, — In all eases where suits may be instituted, and either plaintiff 
 or defendant may die pending the sane, it shall be lawful for the court 
 before which such .suit or suits may be i)ending, on the motion of any party 
 interested, to appoint a si)eeial administrator, inwliose name the cause shall 
 be revived, and said suit or suits shall ])rogress in all respects in his name, 
 with like effect as if the plaintilf or defendant had reniuined in full life. 
 {See Juilr/ment.) 
 
 Seal. — Seals are abolished in this state. 
 
 Security for Costs and other Undertakings. — (See Claims against 
 
 I'trsti/is LiriiKj. i^ic Bephciti. t^ie Attachmtntn.) 
 
 Service. — In the circuit court the first term is the trial term ; 1st, where 
 the summons has been served ten days before the beginning of the term, in 
 the county where the action is brought, or in an adjoining county. 2nd, 
 where it has been served twenty days elsewhere in the state, or sixty days 
 out of the state. ilrd, where the defendant has been served by warning 
 order thirty days. Before a justice of the peace, inactions of fifty dollars 
 and under, the summons must be served on the defendant at least five day.s 
 before the day set for trial. AVhere the matter before the justice exceeds 
 fifty dollars the summons must be served at least ten days before the day of 
 trial. {See Suits.) 
 
 Stay of Execution. — The defendants, except in certain cases otherwise 
 provided, may, when there is no execution thereon in the hands of a collect- 
 ing officer, stay any judgment or decree for money for three months, by giv- 
 ing an obligation with good security, to be approved by the clerk, if in a 
 justice court by the ju.stice, conditioned for the payment of the judgment, 
 interest and cost. 
 
 Any execiition on a judgment or decree, which could be stayed before 
 such execution issued, may at any time before the sale of property luider the 
 same be stayed for three months, by the defendant giving to the officer au 
 obligation, payable to the plaintiff, with good security, for the amount 
 thereof, interest, cost and half commissions of the officer. 
 
 Xo stay is allowed upon a judgment or decree, against any collecting 
 officci', or attorney at law% or agent for a delinquency or default in executing 
 or fulfilling the duties of his office or failing to pay over money collected by 
 him in such capacity, or against a principal by his surety, or a judgment or 
 decree enforcing a lien in favor of a vendor or mortgagee. After the for- 
 feiture of a stay bond no further stay is allowed. 
 
 Suits. — In the circuit court is commenced by filing a written complaint, 
 signed by the pai'ty or his attorney, verified by the affidavit of the party or 
 his attorney ; but such verification is not I'equiied where the complaint is 
 founded on a bill, note, or other written obligation. (See Service.) 
 
 Summons. — (See Service.) 
 
 Supplementary Proceedings. — After judgment obtained, the plaintiff may- 
 begin an c(|uitable proceeding, and upon proof of insolvency, compel a dis- 
 covery from the defendant, and may make any person supposed to have pro- 
 perty or money due to the ])laintiff, a co-defendant. 
 
 Tax Laws. — Taxes must be paid between the first Monday in November 
 and the tenth day of February of each year, next succeeding that in which. 
 [Ark. in.]
 
 68 ARKANSAS. 
 
 they are assessed. If the taxes are not paid within the time required by law, 
 twenty-five per cent, penalty is added. Persons redeeming it must j)ay the 
 amount of taxes for which the land sold, penalty and cost. Taxes after- 
 wards paid by the purchaser, and interest on these sums at the rate of ten 
 per cent, per annum. Lands returned as delinquent for taxes, may be re- 
 deemed within two years after such forfeiture. Lands delinquent are sold 
 by the collector on the second Monday in April. When no one will bid 
 amount of taxes, penalty and costs, the lands are struck off to the state, pro- 
 vided that minors and persons in confinement, shall have the same time for 
 redemption, after the removal of their disabilities. 
 
 Testimony.^C'S'ee Evidence.) 
 
 Trust Deeds. — {See Chattel Mortgages and Mortgages.) 
 
 Usury. — {See Interest.) 
 
 Wills. — Males over twenty-one years old, and females over the age of 
 eighteen, may devise realty and personalty ; and males over age of eighteen, 
 may bequeath goods and chattels by last will and testament. Every will 
 must be executed as follows: 1st, it must be subscribed by the testator at 
 the end of the will, or by some person for him at his request ; 2nd, such 
 subscription shall be made by the testator, in the presence of each of the 
 attesting witnesses, or shall be acknowledged by him to have been so made, 
 to each of the attesting witnesses ; 3rd, at the time of such .subscribing or 
 acknowledgment, the testator shall declare the instrument so subscribed to 
 be his last will and testament ; 4th, there shall be two attesting witnesses, 
 each of whom shall sign his name as a witness, at the end of the will, at the 
 request of the testator ; 5th, where the entire body and signature of the 
 will are in the handwriting of the testator, it may be established by the un- 
 impeachable evidence of at least three disinterested witnesses, to the hand- 
 writing and signature of the testator, without subscribing witnesses ; but no 
 such will shall be pleaded in bar of one subscribed in due form. Noncupa- 
 tive wills may be made during last illness, and must be proved by at least 
 two witnesses, and are not good where the estate bequeathed exceeds five 
 hundred dollars. A copy of a foreign will may be admitted to probate in 
 this state, if it appears by the copy of the probate in another state, that it 
 was executed as to be a valid will of the lands in this state by the laws 
 thereof. 
 
 Wills are proved and recorded in the office of the clerk of the Probate 
 Court of the county in which the testator resided at the time of his death. 
 If he had no known place of residence in this state, and land is devised, then 
 in the county where the land or the greater part thereof lies, if no land is 
 devised, then in the county where he died ; or that in which his estate or the 
 greater part thereof shall lie, or where there may be any debt or demand 
 owing to him. 
 
 Witnesses. — {See Evidence. 
 
 [Ark. 17.]
 
 ARKANSAS. 
 
 69 
 
 ATTORNEY'S IN ARKANSAS. 
 
 Bold Face Type denotes county seats. A dash ( — ) less than 100 population. 
 Figures after names when admitted to Bar. A stiir (*) Notaries Public. 
 A double dagger (l) our Compiler of Ijaws. 
 A dagger (t) former recommendations withdrawn. 
 
 Alma 
 
 Alpin 
 
 Arkadelphia 
 
 Arkansas City 
 
 Ash Fhit 
 
 Atkins 
 
 Augusta 
 
 Batesville 
 
 Bearden 
 
 Beebe Station 
 
 Benton 
 
 Bentonville 
 
 Berrjrville 
 
 Black Springs 
 
 Blanchton 
 
 Blythesville 
 
 Boonville 
 
 Boydsville 
 
 Bucknur 
 
 Cabot 
 
 Caddo Gap 
 
 Camden 
 
 (Uirrollton 
 
 Centre Point 
 
 CJiarleston 
 
 (/herry Grove 
 
 Chismville 
 
 Clarendon 
 
 Clarksville 
 
 Clinton 
 
 Coal Hill 
 
 Conway 
 
 (.'orning 
 
 ('otton Plant 
 
 Crawfordsville 
 
 Dallas 
 
 Danville 
 
 Dardanelle 
 
 Des Arc 
 
 DeWitt 
 
 Dover 
 
 Drakes Crock 
 
 COUNTY. 
 
 NAME OF ATTORNEYS. 
 
 popula'n 
 
 Crawfoid 
 
 W. H. Bynes. 
 
 506 
 
 Berry 
 
 Hon. B. S. DuBose. 
 
 66 
 
 Clark 
 
 Hon. R. D. Hearn. 
 
 1,506 
 
 Desha 
 
 J)ickinson & Kichardson. 
 
 1,003 
 
 Sharp 
 
 AY. A. Turner. 
 
 300 
 
 Pope 
 
 J. E. Joyner. 
 
 523 
 
 AVoodruft' 
 
 D. D. Leach. 
 
 1,702 
 
 Independence 
 
 Coleman & Tancey. 
 
 1,264 
 
 Anachita 
 
 Wm. Gatlin. 
 
 50 
 
 White 
 
 J. E. RUSS. 
 
 800 
 
 Saline 
 
 D. M. Cloud. 
 
 453 
 
 Benton 
 
 J. A. Rice. 
 
 800 
 
 Carroll 
 
 John Watkins. 
 
 553 
 
 Montgomery 
 
 ' A. C. King. 
 
 100 
 
 Bradley 
 
 S. W. Godfrey. 
 
 50 
 
 Mississippi 
 
 C. L. Moore. 
 
 100 
 
 Logan 
 
 O. L. Miles. 
 
 175 
 
 Clay 
 
 G. B. HoUifield. 
 
 150 
 
 Columbus 
 
 L. C. COOK. '72 
 
 — 
 
 Lonoke 
 
 1. E. Hendricks. 
 
 754 
 
 Montgomery 
 
 S. P. Yaught. 
 
 50 
 
 Onacliita 
 
 H. G. Brenn. 
 
 1.503 
 
 Carroll 
 
 J. I. AYorthington. 
 
 248 
 
 Howard 
 
 W. M. Greeji. 
 
 816 
 
 Franklin 
 
 J. D. Parks. 
 
 391 
 
 Grant 
 
 T. A. Morris. 
 
 100 
 
 Logan 
 
 E. C. Estes. 
 
 100 
 
 Monroe 
 
 H. A. Parker. 
 
 600 
 
 Johnson 
 
 J. A. Basham. 
 
 956 
 
 Van Buren 
 
 S. W. Simpson. 
 
 166 
 
 Johnson 
 
 J. P- BUSTER. '81 
 
 200 
 
 Faulkner 
 
 J. H. Harrod. 
 
 1,038 
 
 Clay 
 
 G. B. Oliver. 
 
 393 
 
 Monroe 
 
 A. F. Maybury. 
 
 250 
 
 Crittenden 
 
 R. L. Smith. 
 
 1.50 
 
 Polk 
 
 ^V. M. Matheny. 
 
 178 
 
 Yell 
 
 John M. Parker. 
 
 200 
 
 Yell 
 
 May & Son. 
 
 74S 
 
 Prairie 
 
 JAS. E. GATEWOOD. 
 
 548 
 
 Arkansas 
 
 Gibson & Holt. 
 
 169 
 
 Pope 
 
 Bradley & Bradley. 
 
 368 
 
 Madison 
 
 E. Harrell. 
 
 100
 
 70 
 
 ARKANSAS. 
 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. POPULA'n, 
 
 Eldorado 
 
 Union 
 
 J. B. Moore. 
 
 443 
 
 El Paso 
 
 White 
 
 L. C. King. 
 
 144 
 
 Eureka Springs 
 
 Carroll 
 
 Davis & Baker. 
 
 5,000 
 
 Evening Shade 
 
 Sharp 
 
 J. L. Abemethy. 
 
 286 
 
 Falcon. 
 
 Nevada 
 
 L. C. Cook. 
 
 169 
 
 Fayetteville 
 
 Washington 
 
 L. & L. W. Gregg. 
 
 2,000 
 
 Fordyce. 
 
 Dallas 
 
 M. Cramer. 
 
 125 
 
 Forest Oity 
 
 St. Francis 
 
 J. Gattling. 
 
 903 
 
 Fort Smith 
 
 Sebastian 
 
 B. H. Tabor. 
 
 3,099 
 
 Gainesville 
 
 Greene 
 
 Hon. J. E. Riddick. 
 
 300 
 
 Grand Lake 
 
 Chicot 
 
 Geo. K. Cracroft. 
 
 300 
 
 Gravelridge 
 
 Bradley 
 
 Ira Pertle. 
 
 — 
 
 Green Forest 
 
 Carroll 
 
 James McCoy. 
 
 200 
 
 Greenwood 
 
 Sabastian 
 
 C. B. Neal. 
 
 203 
 
 Hampton 
 
 Calhovm 
 
 J. R. Thornton. 
 
 150 
 
 Hamburg 
 
 Ashley 
 
 George W. Norman. 
 
 747 
 
 Harmony 
 
 Johnson 
 
 Chas. B. Wilson. 
 
 — 
 
 Harrisburg 
 
 Poin.sett 
 
 Benjamin Harris. 
 
 750 
 
 Harrison. 
 
 Boone 
 
 G. J. Crump. 
 
 883 
 
 Heber 
 
 Cleburn 
 
 P. L. Stricklin. 
 
 100 
 
 Helena 
 
 Phillips 
 
 Tappan & Horner, 
 
 4,000 
 
 Highland 
 
 Sharp 
 
 A. J. Porter. 
 
 — 
 
 Hope 
 
 Henipstead 
 
 C. A. Bridewell. 
 
 1,233 
 
 Hot Springs 
 
 Garland 
 
 E. W. RECTOR. 
 
 3,554 
 
 Huntsville 
 
 Madison 
 
 A. M. Broomfield. 
 
 313 
 
 Jacksonport 
 
 Jackson 
 
 W. R. Jones. 
 
 656 
 
 Jasper 
 
 Newton 
 
 F. 0. Booner. 
 
 250 
 
 Johnsviile 
 
 Bradley 
 
 G. M. Hampton. 
 
 100 
 
 Jonesboro 
 
 Cragihead 
 
 McGovern & Hawthorne. 
 
 1,000 
 
 Judsonia 
 
 White 
 
 John DeBois. 
 
 567 
 
 Lake Village 
 
 Chicot 
 
 D. H. Reynolds. 
 
 100 
 
 Lewisville 
 
 La Fayette 
 
 W. P. Parks. 
 
 301 
 
 Little Rock 
 
 Pulaski 
 
 t T.J. Oliphint. 
 
 See Card in Appendix, pafje i 
 
 23,638 
 
 Lockesburg 
 
 Sevier 
 
 Steele & Steele, 
 
 256 
 
 Long Kidge 
 
 Logan 
 
 J. 0. Davis. 
 
 — 
 
 Lonoke 
 
 Lonoke 
 
 LEA (ROBT. J.) & 
 TRIMBLE (THOS. C.) 
 
 659 
 
 Luna Landing 
 
 Chicot 
 
 Robert E. Craig. 
 
 200 
 
 Magazine 
 
 Logan 
 
 W. D. Mclnturf. 
 
 478 
 
 Magnolia 
 
 Columbia 
 
 Kelso & Wallas. 
 
 536 
 
 Malvern 
 
 Hot Springs 
 
 Duffie & Duffie. 
 
 1.200 
 
 Marianna 
 
 Lee 
 
 John M. Hewitt. 
 
 1,200 
 
 Marion 
 
 Crittenden 
 
 R. F. Crittenden. 
 
 300 
 
 Mars Hill 
 
 La Fayette 
 
 Cassius Leigh. 
 
 — 
 
 Marshall 
 
 Searcey 
 
 W. M. Hays. 
 
 169 
 
 Melbourne 
 
 Izard 
 
 S. W. WOODS. . 
 
 549 
 
 Millville 
 
 Onachita 
 
 Lucian Dilworth. 
 
 — 
 
 Mineral Springs 
 
 Howard 
 
 J. A. Corbell. 
 
 546 
 
 Morrilton 
 
 Conway 
 
 Hanna & Hinkle. 
 
 1,270 
 
 Monticello 
 
 Drew 
 
 Wells & Williamson. 
 
 891 
 
 Moro 
 
 Lee 
 
 J. M. Hall. 
 
 — 
 
 More Bay 
 
 Bradley 
 
 D. Neal. 
 
 100 
 
 Mountain Home 
 
 Baxter 
 
 M. N. Dyer. 
 
 137 
 
 Mountain View 
 
 Stone 
 
 J as. A. King, 
 
 158 
 
 Mt. Ida 
 
 Montgomei'y 
 
 J. A. Watkins, 
 
 100 
 
 Murfreesboro 
 
 Pike 
 
 W. B. Thomasson. 
 
 200 
 
 Nashville 
 
 Howard 
 
 W. P. Teazle. 
 
 173 
 
 Newpoit 
 
 Jackson 
 
 Joseph M. Bell. 
 
 2,200
 
 
 ARKANSAS. 
 
 71 
 
 PI.ACK. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. 
 
 POrULA'N. 
 
 Osceola 
 
 Mississippi 
 
 S. S. Semmes. 
 
 317 
 
 Ozark 
 
 Franklin 
 
 Edward IL Mathes. 
 
 1,240 
 
 Paruyoultl 
 
 Green 
 
 L. L. Mack & Son. 
 
 790 
 
 Paris 
 
 Logan 
 
 Harlcy & Sadler. 
 
 COO 
 
 Peiulleton 
 
 Desha 
 
 G. W. Joslyn. 
 
 100 
 
 Perryville 
 
 Perry 
 
 J. F. Sellers. 
 
 256 
 
 Pine Bluffs 
 
 Jefferson 
 
 J. W. (h-awford. 
 
 3,203 
 
 Pocohontas 
 
 Randolpli 
 
 Black & Black. 
 
 525 
 
 Polk Bav.Hi 
 
 Sharp 
 
 Abner Steele. 
 
 — 
 
 Poplar IJlutt' 
 
 Ashley 
 
 B. B. Staton. 
 
 100 
 
 Poi>lar (Ti-ove 
 
 Phillips 
 
 J. P. Roberts. 
 
 319 
 
 Powhatton 
 
 Lawrence 
 
 Baber & Thornburg. 
 
 196 
 
 Prescott 
 
 Nevada 
 
 Smoot, McRea & Hinton, 
 
 1,253 
 
 Princeton 
 
 Dallas 
 
 M. M. Duffie. 
 
 105 
 
 Quitman 
 
 Cleburn 
 
 B. D. Turner. 
 
 177 
 
 Ked Fork 
 
 Desha 
 
 D. IL C. Moore. 
 
 100 
 
 Richmond 
 
 Little River 
 
 J. C. & H. C. Head. 
 
 350 
 
 Kocky Comfort 
 
 Little River 
 
 A. D. Hawkins. 
 
 213 
 
 Rogers 
 
 Benton 
 
 S. H. Cordell. 
 
 1,000 
 
 Rnssellville 
 
 Pope 
 
 .J. G. Wallace. 
 
 2,583 
 
 Salem 
 
 Fulton 
 
 Phillips & Cook. 
 
 168 
 
 Searcy 
 
 White 
 
 Rives & Rives. 
 
 1,500 
 
 Sheridan 
 
 Grant 
 
 J. S. Williams. 
 
 150 
 
 Smitlivillc 
 
 Lawrence 
 
 J. B. Judkin. 
 
 300 
 
 Sprinydale 
 
 Washington 
 
 A. J. Hale. 
 
 698 
 
 Star City 
 
 Lincoln 
 
 J. M. Cunningham. 
 
 500 
 
 Sunk Laud 
 
 Cragihead 
 
 W. A. May. 
 
 — 
 
 Texarkana 
 
 Miller 
 
 E. F. FRIEDELL. 
 
 1,336 
 
 Toledo 
 
 Cleveland 
 
 Stephens & Taylor. 
 
 143 
 
 Tomlinson 
 
 Scott 
 
 C. H. Hawthorne. 
 
 — 
 
 Trenton 
 
 Phillips 
 
 M. G. B. Scaife. 
 
 100 
 
 Van Buren 
 
 Crawford 
 
 Tnrner & Turner. 
 
 1,550 
 
 Vandale 
 
 Cross 
 
 J. D. Block. 
 
 250 
 
 Viola 
 
 Fulton 
 
 •J. M. Wiseman. 
 
 — 
 
 Waldron 
 
 Scott 
 
 L. D. Gilbreath. 
 
 500 
 
 AValnut llidge 
 
 Lawrence 
 
 Chas. Coffin. 
 
 500 
 
 Warren 
 
 Bradley 
 
 A. C. Jones. 
 
 301 
 
 Washington 
 
 Hempstead 
 
 A. B. Williams. 
 
 730 
 
 Wite'herville 
 
 Sabastiau 
 
 J. F. Marshall. 
 
 — 
 
 Wittsburg 
 
 Cross 
 
 N. W. Norton. 
 
 290 
 
 Wymie 
 
 Cross 
 
 J. R. Robertson. 
 
 — 
 
 Yellville 
 
 Marion 
 
 J. C. Flo^d. 
 
 545
 
 w 
 
 ARKANSAS. 
 
 BANKS IN ARKANSAS. 
 
 Giving tlie name of town, bank and cashier, and amount of paid-up capital of one 
 bank in each countyof this state in which such a banking institution is located. 
 
 PLACE. NAME OF BANK. 
 
 Batesville Simon Adler. 
 
 Bentonville Benton County Bank 
 Camden Bank of Camden 
 
 Dardanelle M. Jessup 
 Eureka Springs Citizens' Bank 
 
 Fayettville 
 
 (1 
 
 Fort Smith 
 
 Harrison 
 Helena 
 
 Hope 
 
 Hot Springs 
 
 Little Kock 
 
 Washington County Bank 
 William McElroy 
 Merchants' Bank 
 N. Bk. of West' rn Arkansas 
 Boon County Bank 
 First National Bank 
 John S. Horner & Son 
 W. Y. Foster 
 Arkansas National Bank 
 Hot Springs Valley Bank 
 First National Bank 
 Exchange National Bank 
 Uerman National Bank 
 Parker & Worthen 
 Bank of Magnolia 
 Ijee County Bank 
 Samuel Heller & Co 
 First National Bank 
 Merchants' & Planters' Bk 
 Nevada Coitnty Bank 
 Bank of Ik)gers 
 
 agnolia 
 
 arianna 
 
 Newport 
 
 Pine Bluff 
 
 (I 
 
 Prescott 
 
 Rogers 
 
 Searcy Bank of Searcy 
 
 Siloam Springs Bank of Siloam 
 
 Texarkana (See Texarkana, Texas.) 
 
 Van Buren Citizen's Bank 
 
 " Crawford County Bank 
 
 
 PAID UP 
 
 CASHIER. 
 
 CAPITAL. 
 
 S. F. Stahl. 
 
 $40,000 
 
 Charles K, Sithen. 
 
 30,000 
 
 J. T. Champlin. 
 
 
 Mac Devin. 
 
 12,000- 
 
 W. R. Mcllroy. 
 
 
 John S. Park. 
 
 100,000 
 
 John Vaile. 
 
 55,000 
 
 R. F. King, Jr. 
 
 20,000 
 
 Lycurgus Lucy. 
 
 50,000 
 
 
 20,000 
 
 Charles N. Rix. 
 
 100,000 
 
 B. D. Rapley. 
 
 10,009 
 
 P. K. Roots. 
 
 250,000 
 
 J. S. Pollock. 
 
 100,000 
 
 Creed T. Walker. 
 
 200,000 
 
 (J. G. Kelso.) 
 
 40,000 
 
 (Julius Lesser.) 
 
 35,000 
 
 
 10,000 
 
 C. M. Neel, Jr. 
 
 50,000 
 
 H. H. Hunn. 
 
 58,000 
 
 (Terry & Young.) 
 
 12,000 
 
 (W. R. Felker.) 
 
 8,000 
 
 G. B. Greer. 
 
 
 R. S. Morris. 
 
 20,000 
 
 U. H. Park. 
 
 50,000 
 
 R. S. Hynes. 

 
 STATE OF 
 
 CAIvIKORNIA. 
 
 SUM3IA1JY OF 
 
 Collection Laws. 
 
 OouRT Calendar, Instructions for taking Depositions, Legal Forms, Etc. 
 Expressly Prepared and Revised to Nov. 1st, 1887, for "Showers' 
 Legal Directory and Merchants' Guide." for 1888, by F. A. 
 Berlin, of the San Francisco Bar. 
 
 Ackno'wledginentS. — What must be acknowledged and recorded. — Declara- 
 tions of marriagt', inventories of separate property of wife, marriage settlement 
 contracts, contracts of apprenticeship, execution of power by married women, 
 con.sent to execution of power, instruments conveyancing- or encumbering 
 homesteads, declarations of homesteads, abandonment of homesteads, cer- 
 tificates of partnerships, mortgages of real and personal property, and all 
 deeds and transfers and instruments affecting title to real property ; judg- 
 ments, letters patent of this state and of the United States may be recorded 
 without acknowledgment. Articles of incorporation must be subscribed by 
 five or more persons and acknowledged by each. 
 
 Who may take acknotoledginents iit, the State. — A justice or clerk of the 
 supreme court, or a judge of a superior court, may take an acknowledgment 
 at any place within this state. A clerk of a court of record, a county re- 
 corder, a notary public or justice of the peace may take an acknowledgment 
 within the city, city and county, county or district for which he was elected 
 or appointed. 
 
 Without this state, but within the United States, and within the jurisdic- 
 tion of the officer, acknowledgments may be taken before either : 1. A jus- 
 tice, judge or clerk of any (;ourt of record of the United States. 2. A jus- 
 tice, judge or clerk of any court of record of any state, 3. A commissioner 
 ai)pointed by the governor of this state for that purpose. 4. A notary pub- 
 lic. 5. Any other officer of the state where the acknowledgment is made, 
 authorized by its laws to take such acknowledgments. Without the United 
 iStates, before either : 
 
 1. A minister, commissioner or charge d'affaires of the United States resi- 
 dent and accredited in the country where the acknowledgment is made. 2. 
 A consul or vice-consul of the United States resident in the country where 
 the acknowledgment is made. ?>. A judge of a court of record of the coun- 
 try where the acknowledgment is made. 4. Commissioners appointed for 
 such purpose by the governor of this state, jjursuant to special statutes. 5. 
 A notary public. 
 
 Where any of the foregoing officers are authorized by law to appoint a 
 deputy, the acknowledgment may be taken by such deputy in the name of 
 liis principal. 
 
 An acknowledgment must not be taken unless the officer taking it knows, 
 or has satisfactory evidence, on the oatii or affirmation of a credible witness, 
 that a person making such acknowledgment is the individual who is described 
 in and who executed the instrument ; or. if executed by a corporation, that 
 
 [Cal. 1.1
 
 74 CALIFORNIA. 
 
 the person making such acknowledgment is the president or secretary of sucli 
 corporation, and such knowledge or evidence must be stated in the certificate 
 of acknowledgment. 
 
 A married woman must be made acquainted, by the officer, with the con- 
 tents of the instrument on an examination without tlie hearing of her hus- 
 band, before the acknowledgment is taken, and she must acknowledge to 
 the officer that she executed the instrument and that she does not wish to 
 retract such execution. A conveyance by a married woman has no validity 
 until acknowledged as above stated. 
 
 Officers taking aud certifying acknowledgments must authenticate their 
 certificates by affixing thereto their signatures, followed by the names of 
 their offices, also their seals of office ; if by the laws of the state or country 
 where the acknowledgment is taken, or by authority of which they are act- 
 ing, they are required to have official seals. 
 
 General Form of Acknowledgments. 
 
 State of California, ) 
 
 County of ^ ' 
 
 On this day of , in the year , before me (name and quality of 
 
 officer), personally appeared , known to mc (or proved to me on the oath 
 
 of ) to be the person whose name is subscribed to the within instrument 
 
 and acknowledged to me that he (or they) executed the same. 
 
 [seal.] (C. C, § 1.189.) (Signature and title of officer.) 
 
 If the deed be executed by a corporation, after the words "known to me," 
 etc., insert "to be the president (or secretary) of the corporation that exe- 
 cuted the within instrument and acknowledged to me that such coi'iioratiou 
 executed the same." (C. C, § 1,190.) 
 
 op a married woman. 
 
 State of California, ) 
 
 County of . S ' 
 
 On this day of , in the year , before me (name and quality of 
 
 officer), personally appeared , known to me (or proved to me on the oath 
 
 of ) to be the person whose name is subscribed to the within instrument, 
 
 described as a married woman ; and upon an examination without the hear- 
 ing of her husband, I made her acquainted with the contents of the instru- 
 ment, and thereuijon she acknowledged to me that she executed the same, 
 and that she does not wish to retract such execution. 
 
 [seal.] (C. C, § 1191.) (Signature and title of officer.) 
 
 By subscriljing witness, see general form. 
 
 By an attorney in fact, same as the general form, but after the word " in- 
 strument" insert "as the attorney in fact of , and acknowledged that he 
 
 subscribed the name of thereto as principal, and his own name as attor- 
 ney in fact." (C. C, § 1192.) 
 
 Form — Proof by subscribing witness. 
 
 State op California, } 
 
 County of . ) ' 
 
 On this day of , in the year one thousand eight hundred and , 
 
 before me , a . jiersonally appeared, known to me to be the person 
 
 whose name is subscribed to the within instrument as a subscribing witness 
 
 thereto, and that said , being by mc sworn, on oath testified and proved 
 
 to me that , the person whose name is subscribed to said instrument as 
 
 a party, is the person described in it, and that the said executed the 
 
 same, and that he, the said , subscribed liis name thereto as a witness. 
 
 In witness whereof, I have hereunto set my hand and ■ the day and year 
 
 in this certificate first above written. 
 
 [seal. ] ( Signatu re and title. ) 
 
 [Cal. 2.]
 
 CALIFORNIA. 75 
 
 A-Ctions.— (See Attdrhmenta, Courts, Limitatiens, Judgments and Suits.) 
 
 Admildstration. — Of Estates of Deceased Persons. — Tlic superior court of 
 each county lias jurisdictiou of all matters of probate, administration and 
 guardianshij). 
 
 AflB.davits. — {See Oaths and Affidavits.) 
 
 Aliens. — Aliens may take, hold, and dispose of property, real or personal, 
 within this state. If a non-resident alien takes by succession, he must ap- 
 pear and claim the property within five years from the time of succession, or 
 be barred. 
 
 Appeals. — There is an appeal in all cases from tlie justices' court to the 
 superior court of the county ; and in all cases commenced in the superior 
 court there is an appeal to the supreme court of the state. 
 
 Arrest. — Defendant may be arrested in the following cases, and none 
 other, viz. : 1. In an action for the recovery of money or damages on a 
 cause of action arising upon contract, express or implied, when the defen- 
 dant is about to dejiart from the state with intent to defraud his creditors. 
 2. In an action for a fine or penalty, or for money or property embezzled, or 
 fraudulently misapplied or converted to his own use, by a public officer or 
 an oflicer of a corporation, or an attorney, factor, broker, agent or clerk, in 
 the course of his employment as such, or by any other person in a fiduciary 
 capacity, or for misconduct or neglect in office, or in a professional employ- 
 ment, or for a wilful violation of duty. 3. In an action to recover the pos- 
 session of personal property unjustly detained, when the property or any 
 pj),rt thereof has been concealed, removed or disposed of to prevent its being 
 found or taken by the sheriff". 4, When the defendant has been guilty of a 
 fraud in contracting the debt or incurring the obligation for Avhich the action 
 is brought, or in concealing or disposing of the property ; for the taking, de- 
 tention or conversion of which the action is brought. 5. When the defen- 
 dant has removed or disposed of his property, or is about to do so, with in- 
 tent to defraud his creditors. 
 
 An order of arrest must be obtained from a judge of the court in which 
 the action is brcnight. 
 
 The order may l)e made whenever it appears to the judge, from the affida- 
 vit of plaintiff' or some one else, that a sufficient cause of action exists, and 
 that the case is one of those above mentioned. 
 
 Before issuing the order the judge must require an undertaking with two 
 sureties in a sum not less than $500. The order may be made at any time 
 before judgment. 
 
 Assignments. — An insolvent debtor may in good faith, execute an assign- 
 ment of property to one or more assignees in trust for the satisfaction of his 
 creditors. A debtor is insolvent when he is unable to pay his debts from his 
 own means, as they become due. A debtor may pay one creditor in prefei'- 
 ence to another, or may give one creditor security for the payment of his de- 
 mand, in preference to another. But any assignment for the benefit of credi- 
 tors is void against any creditor of the assignor not assenting thereto, in the 
 following cases : 1st. If it give preference to one debt or class of debts over 
 another; 2d. If it tend to coerce any creditor to release or compromise his 
 demand ; 8d. If it provide for the payment of any claim known to the as- 
 signor to bo false or fraudulent, or for the payment of more upon any claim 
 than is known to be justly due from the assignor; 4th. If it reserve any in- 
 terest in the assigned property, or in any part thereof, to the assignor, or for 
 his benefit, before all his existing debts are paid ; 5th. If it confer upon the 
 assignee any power, which if exceeded, might preventer delay the immediate 
 conversicm of the assigned property, to the purposes of the trust ; 0th. If it 
 exempt him from liability for neglect of duty or misconduct. 
 
 fOal. 3.1
 
 76 CALIFORNIA. 
 
 An assignment must be m writing, and acknowledged, or proved and cer- 
 tified and recorded with the county recorder of the county in which the as- 
 signor resided at the date of the assignment ; and with the assignment must 
 be tiled with the county recorder, an inventory giving the names and resi- 
 dence of creditors, amount and nature of each debt, and its consideration, 
 judgments, mortgages or other security, property of assignor exempt from 
 execution, property not exempt from execution. 
 
 The assignee is not a i)urchaser for value, and has no greater rights than 
 the assignor. He must, within thirty days after the assignment, give a bond 
 to the people of this state, in an amount to })e fixed by the judge of the su- 
 perior court of the county in which the original inventory is filed. An assign- 
 ment once executed and I'ecorded, cannot afterwards be cancelled or modified 
 by the parties thereto, without the consent of every creditor aftected thereby. 
 
 Attachments. — An attachment may issue at the time of issuing the sum- 
 mons, or at any time thereafter, in the following cases : 1st. In an action 
 upon a contract, express or implied, for the direct payment of money where 
 the contract is made, or is payable in this state, and is not secured by any 
 mortgage or lien upon real or personal property, or any pledge of personal 
 property, or, if originally so secured, such security has, without any act of 
 the plaintiff or the person to whom the security was given, become valueless; 
 2d. In an action upon a contract, expressed or implied, against a defendant 
 not residing in this state. 
 
 The attachment is issued in the action by the clerk of the court, upon filing 
 an affidavit, by or on behalf of the plaintiff, showing the foregoing facts to 
 exist, and that the attachment is not sought and the action is not prosecuted 
 to hinder, delay, or defraud any creditor of the defendant. And before the 
 attachment is issued, the plaintiff' must file an undertaking, with two securi- 
 ties, in a sum not less than $200, nor more than the amount claimed, (it is 
 usually given for one-half the amount claimed) , the condition and object of 
 the undertaking is to secure the defendant against all costs and damages by 
 reason of the attachment. 
 
 Bills of Exchange and Promissory Notes, — The law and rules govern- 
 ing negotiable paper, are very much the same as those of the common law 
 and law merchant. Days of grace are not allowed in this state. An action 
 G.innot be maintained upon a bill or note, iniless commenced witliin four 
 jears from its maturity, or, if the bill or note is made out of this state, un- 
 less commenced within two years from maturity. Any writtenpromise or re- 
 quest for the payment of a certam sum of money, to order or bearer, is a 
 negotiable instrument. The apparent maturity of a bill of exchange, pay- 
 able at sight or on demand, is one year after date, if it bears interest, other- 
 wise, ten days after its date, in addition to reasonable time to forward it for 
 acceptance. The apparent maturity of a promissory note is one year after its 
 date, if it bears interest ; otherwise six months after its date. 
 
 Chattel Mortgages. — Mortgages may be made upon the following pro- 
 perty: 1. Locomotives, engines, and other rolling stock of railroad ; 2. 
 Steamboat machinery, the machinery used by machinists, foundrymen and 
 mechanics; 3. Steam engines and boilers , 4. Mining machinery ; 5. Printing 
 presses and material; 6. Professional libraries; 7. Instruments of a sur- 
 veyor or dentist ; 8. Upholstery and furniture used ui hotels, lodging or 
 bearding houses, when mortgaged to secure the purchase money of tlie arti- 
 cles mortgaged; 9. Growing crops ; 10. Vessels of more than five tons bur- 
 <len ; 11. Instruments, negatives, furniture and fixtures of a photograph 
 gallery ; 12. The machinery, casks, pipes, tubs and utensils used in the manu- 
 facture of wine, fruit brandy, and fruit s'yrup or sugar. 
 
 The mortgage must be accompanied l)y the affidavit of all the parties 
 tliereto, that it is made in good faith and without any design tohhider, delay 
 or defraud creditors, and it must be acknowledged or proved, certified and 
 recorded, as grants of real property. 
 LCal. 4.]
 
 CALIFORNIA. 77 
 
 Claims against Decedents' Estates. — Claims against estates of dece- 
 deuls must be pivsuiitcd to the cxeuiUor or administrator, within ten months 
 after the tirst publication of notice to creditors, if the estate exceeds $10,000 ; 
 otherwise, within four montlis. If approved by the executor or adminis- 
 trator, it must be presented for approval to the probate court ; if approved 
 by him, it may then be filed in the probate proceedings, and lias the effect of 
 a judgment. If a claim is not so invsented, it is forever barred, unless the 
 claimant make affidavit to the court or judge that he had no notice, by reason 
 of being out of the state ; in such case he may j^resent his claim at any time 
 before a decree of distribution is entered. 
 
 Every claim nmst be suj)ported by the affidavit of the claimant, or some 
 one in his behalf, that the amount is justly due , that no payments have been 
 made thereon which are not credited, and that there are no offsets to the same^ 
 to the knowledge of the atfiant. 
 
 If the claim should be rejected by the executor or administrator, or by the 
 judge, the claimant must bring suit in the proper court, against the executor 
 or administrator, within three months after the date of its rejection, if it be 
 then due, or w itliin two months after it becomes due ; otherwise the claim 
 ■will be forever barred. 
 
 Corporations. — Private corporations in this state may be formed for any 
 purpose for which individuals may lawfully associate themselves, and the 
 charter of incorporation is obtained as follows : by filing articles of incor- 
 poration with the county clerk of the county in which the corporation in- 
 tends to have its principal place of business, filing a certified copy of same 
 with the secretary of state, who thereupon issues a certificate of incorpora- 
 tion, which is its charter. 
 
 Costs, Secutity for. — Security for costs may be demanded of any non- 
 resident plaintift". 
 
 Courts, and time for holding.— The Supreme Court is composed of 
 two departments of three judges each. Cases of great importance are 
 heard in banc , when sitting in banc the chief justice presides. He may also 
 sit in either department. 
 
 The Superior Courts are the courts of general jurisdiction, and hear all 
 matters of a civil nature, except actions to recover money or damages or per- 
 sonal property, when the amount or value is under three hundred dollars, 
 ($300), in which case the justices courts have jurisdiction. The superior 
 courts hear all matters of probate, and try all indictments, presentments and 
 informations, etc. There are no set times for holding these courts , they are 
 presumed to be in continual session. 
 
 There are no county courts. 
 
 City governments have their police courts. 
 
 Curtesy. — There is no curtesy in this state. 
 
 Deeds. — {See Acknowledgments. ) 
 
 Descent and Distribution. — If decedent leaves a surviving husband or 
 wife and only one child, or the lawful issue of one child, the estate goes in 
 equal shares to the surviving husband or wife and child or issue of such child. 
 If the decedent leave a surviving husband or wife and more than one child 
 living, or one child living and the lawful issue of one or more deceased chil- 
 dren, one-third goes to the surviving husband or wife and the remainder in 
 equal shares to his children and to the lawful issue of any deceased child by 
 right of representation. But if there be no child of decedent living at his 
 death, the remainder goes to all his lineal descendants. If the decedent 
 leave no surviving husband or wife, but leave issue, the whole estate goes to 
 such issue. If the decedent leave no issue, one-half goes to the surviving 
 husband or wife, and the other half to the decedent's father and mother in 
 
 [Cal. 5,1
 
 78 CALIFORNIA. 
 
 equal shares, and if either be dead the whole of said half goes ta the other. 
 If there be no father or mother, then one-half goes in equal shares to the 
 brothers and sisters and to the children of any deceased brothers or sisters. 
 If there is no issue nor husband nor ■wife, the estate must go to his father 
 and mother in equal shares, or if either be dead then to the other. 
 
 If the decedent leave a surviving husband or wife, and neither issue, father, 
 mother, brother nor sister, the whole estate goes to the surviving husband 
 or wife. If the decedent leave neither issue, husband, wife, father, mother, 
 brother nor sister, the estate must go to the next of kin in equal degrees. 
 
 Depositions. — Depositions of parties to an action may betaken in all cases 
 at any time after the service of summons upon all the defendants, and may 
 be taken before a court commissioner or notary public. Depositions of non- 
 resident witnesses may be taken upon a commission issued from the court. 
 
 Divorces. — Divorces are allowed in this state upon the following grounds: 
 adultery, extreme cruelty, wilful desertion, wilful neglect, habitual intem- 
 perance, conviction of felony. 
 
 Dower. — There is no dower in this state. 
 
 Execution. — May be issued upon a judgment requiring the payment of 
 money at any tiiue within five years after judgment is rendered, and may be 
 levied upon either personal or real property of defendant, and such property 
 may be sold thereunder after due advertisement. 
 
 Exemptions. — 1. Chairs, tables, desks and books of the value of 
 2. Necessary household, table and kitchen furniture, including one sewing 
 machine, stoves, stove-pipes and furniture, wearing apparel, beds, bedding 
 and bedsteads, hanging pictures, oil paintings and drawings drawn or painted 
 by any member of the family, family portraits and their necessary frames, 
 provisions actually provided for individual or family use sufficient for three 
 months, and three cows and their sucking calves, four hogs with their suck- 
 ing pigs, and food for such hogs and cows for one month. 3. Farming uten- 
 sils or implements of husbandry ; also, two oxeu or two horses or two mules 
 and their harness, one cart or wagon, and food for such oxen, horses or mules 
 for one month; also all seed, grain or vegetables actvially provided, reserved 
 or on hand for planting or sowing at any time within six months, not exceed- 
 ing in value $300, and seventy-five bee hives, and one horse and vehicle of a 
 person maimed or crippled, and the same is necessary to his business. 4. 
 The tools or implements of a mechanic or artisan necessary to carry on his 
 trade, the notarial seal, records and office furniture of a notary public, the in- . 
 struments and chests of a surgeon, physician, surveyor or dentist necessary to 
 the exercise of their profession, with their professional libraries and necessary 
 office furniture, the professional libraries of attorneys, judges, ministers of 
 the gospel, editors, school teachers and music teachers and their necessary 
 office furniture, the musical instruments of music teachers actually used by 
 them in giving instructions, and all the indexes, abstracts, books, papers, 
 maps and office furnitvire of a searcher of records. 5 The cabin or dwelling 
 of a miner, not exceeding $500 in value ; also his sluices, pipes, hose, windlass, 
 derrick, cars, pumps, tools, implements and appliances necessary for mining, 
 not exceeding in aggregate value $500, and two horses, mules or oxen and 
 harness, and their food for one month, used with a mine, and also his min- 
 ing claim, not exceeding $1,000 in value. 6. Two horses, oxen or mules and 
 their harness, and one cart or wagon, dray or truck, one coupe, one hack or 
 carriage for one or two horses, by use of which a cartman, drayman, truck- 
 man, huckster, peddler, hackman, teamster or other laborer habitually earns 
 his living, and one horse, with vehicle and harness or other equipments used 
 by a physician, surgeon, constable, or minister of the gospel in the legitimate 
 l)ractice of his profession or business, witli food for such horses, oxen or 
 mule for one month. 7. Poultry, not exceeding in value $25. 8. Earnings 
 ICal. 01
 
 CALIFOIIXIA. 79 
 
 for personal services rendered within thirty days next precedin<^ levy of exe- 
 cution or attachment, when such earnings are necessaiy for the use of his 
 family, supi^orted in wliole or in pait by his labor, but one-half of snch earn- 
 ings may be taken i'or debts contracted for the necessaries of life. 9. AVhere 
 a party has no homestead he may hold as exempt shares in an incorporated 
 homestead association, not exceeding in value $1,000. 10. All moneys, bene- 
 tits, privileges oi- immunities accruing or in any manner gruwing out of any 
 life insurance on the life of the debtor, if the annual i)remiums jiaid do not 
 exceed $500. 11. All tire engines, liooks and ladders, with the carts, trucks 
 and carriages, hose, buckets, implements and ai)paratus thereunto appertain- 
 ing, and all furnitnre and uniforms of any tire company or department orga- 
 nized under any law of this state. 12. All arms, unifonns and accoutre- 
 ments re(£uired by law to be kept by any person, and also one gun. 18. All 
 court houses, jails, public offices and buildings, lots, grounds and. personal 
 ])roperty. the fixtures, furniture, pa])ers and appurtenances belonging and 
 pertaining to the jail and public offices belonging to any county of this state, 
 and all cemeteries, public S(|uares, parks and places, i>ublic buildings, town 
 halls, markets, buildings for the use of fire departments and military orga- 
 nizations, and the lots and grounds thereto belonging, owned or held by an 
 incorporated city, or dedicated by such town or city to health, ornament or 
 public use, or for the use of any fire or military ccnnpany. However, no ar- 
 ticle or species of property is exempt from executi(m issued upon a judgment 
 recovered for its price or upon a judgment of foreclosure of a mortgage 
 thereon. 
 
 False Pretense.— ('SVe An-eHt.) 
 
 Fraud, Statute of. — The following contracts are invalid, unless the same 
 or some note or memorandum thereof, be in writing, and subscribed by the 
 party to be charged, or by his agent : 1. An agreement that by its terms is 
 not to be perfonned within a year from the making thereof. 2. A six'cial 
 l)romise to answer for the debt, default, or miscarriage of another, o. An 
 agreement, made uj^on consideration of marriage, other than a mutual 
 ])romise to marry. 4. An agreement for the sale of goods, chattels, or thing 
 in action, at a price not less than two hundred dollars, unless the buyer ac- 
 cept or receive pai-t of such goods and chattels, or the evidences of some of 
 them, of such things in action, or pay at the time some part of the purchase 
 money. 5. An agreement for the leasing for a longer period than one year, 
 or for the sale of real property, or for an interest therein; and such agree- 
 ment, if made by an agent of the party sought to be charged, is invalid, un- 
 less the authority of the agent be in writing, subscribed by the party sought 
 tt) be charged. 0, An agreement authorizing or employing an agent or 
 broker to pui'chase or sell real estate for compensation or a commission. 
 
 Garnishment. — A debtor of a debtor may be garnisheed either by attach- 
 ment or execution. 
 
 Grace. — ^To grace is allowed in this state. 
 
 Homestead. — Homestead to the amoiuit of $5,000 is allowed to the head 
 of a familv : one not the head of a family is allowed a homestead of the 
 value of $1,000. 
 
 Insolvent Laws. — An insolvent debtor may in good faith execute an as- 
 signment of property to one or more assignees in trust for the satisfaction of 
 his creditors. An insolvent debtor, owing debts exceeding in amount the 
 sum of three hundred dollars, may api)ly by jjctition to the superior court of 
 the covmty, or city and county, in which he has resided for six months next 
 preceding the filing of his petition, to be discharged from his debts and 
 liabilities. 
 
 [Cal. 7.]
 
 80 CALIFOKNIA. 
 
 An adjudication of insolvency may "be made on the petition of five or more 
 creditors, residents of this state, whose debts or demands accrued in this- 
 state, and amount to not less than five hundred dollars. 
 
 Interest and Usury. — There are no usury laws in this state : a party 
 may contract for any rate of interest, and enforce his contract. Where no 
 rate is specified, the legal rate is seven per cent, per annum ; judgments bear 
 interest at seven per cent, per annum. 
 
 Judgments. — Judgments may be enforced at any time within five years 
 after they are entered. Immediately upon docketing a judgment it becomes 
 a lien upon the real estate of defendant in the county, and upon the filing of 
 a judgment in another county, it becomes a lien upon defendant's realty in 
 that county ; this lien continues only two years. Real property sold under 
 execution may be redeemed at any time within six months. 
 
 Justices of the Peace. — Have jurisdiction in civil cases of all actions for 
 the recovery of money, where the amount is less than three hundred dollars. 
 
 Liens. — Liens are acquired by mortgage of real or personal property, 
 pledges of personal property, (in which cases, possession must be taken of 
 the pledge), bottomiy and respondentia, vendor's lien, stoppoge in transitu, 
 mechanics and laborers and material men, hotel and lodging house keepers. 
 A carrier has lien for freightage, and also a lien for fare ; also a person in 
 possession of personal property has a lien for any service rendered to the 
 owner thereof, by labor or skill, employed for the protection, improvement, 
 safe keeping, or carriage thereof, lien being dependent upon possession. 
 
 Limitation of Actions. — Actions must be commenced, 1st. Within five 
 years, upon a judgment or decree of any court of the United States, or of 
 any state within the United States, and for mesne profits of real property ; 
 2d. Within four years, upon any contract, obligation or liability founded upon 
 an instrument inw riting executed in this state ; 3d. Within three years, upon 
 a liability created by statute, other than a penalty or forfeiture ; for trespass 
 upon real property; for taking, detaining, or injuring any goods or chattels, 
 including actions for the specific recovery of personal property ; for relief on the 
 ground of fraud or mistake, and the cause of action does not accrue until the 
 discovery of the fraud or mistake ; 4th. Within two years upon a contract, 
 obligation or liability not founded ujion an instrument of writing, or founded 
 upon an instrument of writing executed out of the state ; to recover dam- 
 ages for the death of one, caused by the wrongful act or neglect of another ; 
 against a sheriff for non-payment of money collected upon an execution ; 5th. 
 Within one year, upon a statute, or upon an undertaking in a criminal action 
 for a forfeiture or penalty to the peojile of this state ; for libel, slander, as- 
 sault and battery, false imprisonment or seduction ; against a municipal cor- 
 l)oration for damages or injuries to property, caused by a mob or riot ; 6th. 
 Within six months against an officer, or officer de facto, engaged in the col- 
 lection of taxes ; for money paid to him under protest, or seized by him as 
 collector of taxes, and which it is claimed ought to be refunded ; to recover 
 any goods, wares or merchandise, seized by him as tax collector, or to recover 
 the value or price of the same, or damages ; on claims against a county that 
 have been rejected by the board of supervisors ; 7th. W ithin four years, for 
 relief not heretofore provided for ; 8th. Within three years against directors- 
 or stockholders of a corporation, to recover a penalty or forfeitiire imposed, 
 or to enforce a liability created by law. No acknowledgment or promise is 
 sufficient to take a case out of the operation of the statute of limitations, 
 unless the same is in writing, signed by the party to be charged. 
 
 Whene a cause of action has arisen in another state, and would be barred 
 by the statute of limitations of that state, an action cannot be maintained 
 here. 
 
 Limited Partnerships.— Tiimi ted paitncrships are allowed in this state. 
 ICul. 8. J
 
 CALIFORNIA. 81 
 
 Married Women — Contracts of. — A married woman can contract in this 
 state, in rel'ereiice to, or so as to bind her separate property, as il" she were a 
 femme sole. The separate property of neither husl)and nor wife is subject 
 to the debts of the other. Tlie common proi)erty is at tlie absolute disposi- 
 tion of the husband duriuy his life, but ho cannot devise nore than cme-halt 
 of it. 
 
 Mechanics" Liens. — {See Liens.) 
 
 Minors. — A female is a minor until she is eighteen years of age, iin<l a 
 male until twenty-one years of age. All contracts of minors are void, except 
 for necessaries of life. 
 
 Mortgages of Real Estate. — This is the almost universal method of se- 
 curini,^ loans in this state. Mortgages must be acknowledged and recorded ; 
 and all debts secured by mortgage must be foreclosed in the manner pro- 
 vided by the code of civil procedure. 
 
 Notes and Bills of Exchange. — {See Bills of Exclmmje and PromiHHory 
 
 Notes.) * 
 
 Redemption. — All real estate sold under forchjsure of mortgage, or under 
 judgment, may be redeemed within six months after the sale, by payment of 
 the purchase money, with two per cent, per nionth added thereto. 
 
 Replevin. — Replevin is secured in this state by an action for claim and de- 
 livery of personal property. 
 
 Seal. — Seals are not required in this state. 
 
 Stay of Execution. — Execution may be stayed by order of court. 
 
 Suits. — Suit is commenced in this state by filing a complaint with the clerk 
 of the court ; a summons may be issued thereon at any time within a year 
 from filing complaint, upon order of plaintiffs attorney. The summons, 
 with a copy of the complaint, must be served upon the defendant in person. 
 If served in the same county in which suit is brought, the defendant must 
 demur or answer within ten days ; if served elsewhere in this state, within 
 thirty days ; if he fail to answer within these times, default and judgment 
 may be taken against him immediately. If defendant demurs and demurrer 
 is overruled, lie has ten days further to answer ; if within that time he does 
 not answer, default and judgment may be taken against him. 
 
 Supplementary Proceedings. — Proceedings supplementary to execution 
 are allowed in this state by examination of debtor, and any other persons 
 familiar with the facts of the case. 
 
 Taxes. — All taxes in this state become delinquent on third Monday of De- 
 cember, after which five per cent, is added ; and all real estate delinquent for 
 non-payment of taxes, is sold to the person who will take the least quantity 
 of property, and pay the taxes, and must bo advertised for sale in the city 
 and county of San Francisco, on or before the first Monday in March, and 
 outside of the city and county of San Francisco, on or before the first Mon- 
 day of February of each year, and the time of sale must not be less than 
 twenty-one nor more than twenty-eight days from the first publication. 
 Property may be redeemed from tax sale at any time within one year after 
 the tax sale. 
 
 Trust Deeds. — Trust deeds are allowed, but arc not common in this state. 
 
 ;OaJ.?l
 
 82 CALIFORNIA, 
 
 Wills. — Every person over the age of eighteen years, and of sound mind, 
 may, by List will, dispose of all his estate, real and personal, being in all 
 cases chargeable with his debts. An olograph will must be entirely written, 
 dated and signed by the hand of the testator himself. It is subject to no 
 other form, anil may be made in or out of this state, and need not be wit- 
 nessed. All other wills, except •luincupative wills, must be in writing, and 
 executed and attested as follows; 1st. It must be subscribed at the end 
 thereof, by the testator himself, or some person in his presence and by his 
 direction must subscribe his name thereto ; 3d. The subscription must be 
 made in the presence of the attesting witnesses, or be acknowledged by the 
 testator to them, to have been made by him or by his authority ; i5d. The 
 testator must, at the time of subscribing or acknowledging the same, declare 
 to the attesting witnesses that the instrument is his will ; 4th. There must be 
 two attesting witnesses, each of whom must sign his name as a witness at 
 the end of the will, at the testator's request and in his presence. 
 
 A nuncupative will is valid, 1st. When the estate bequeathed does not ex- 
 ceed in value the sum of $1000 ; 2d. Itmvist be proved by two witnesses who 
 were present at the making thereof, one of whom was asked by the testator 
 at the time, to bear witness that such was his will, or to that effect ; 3d. The 
 decedent niust.at the time have been in actual military service, in the field, 
 or on duty on shipboard at sea, and in either case in actual contemplation, 
 fear or peril of death; or the decedent must have been at the time in expec- 
 tation of immediate death from an injury received the same day. 
 
 No proof can be received of a nuncupative will, unless it is offered within 
 six months after the testamentaiy words are spoken, nor unless the words or 
 the substance thereof, were reduced to writing within thirty days after they 
 were spoken; and no .probate of a nuncupative will will be granted for four- 
 teen davs after the death of the testator. 

 
 CAJJFOIiNIA. 83 
 
 Court Calendar.— 
 
 UNITKI) STATES CIllCflT COURT. 
 
 AxKociatr. Justice of United Stalex Supreme Court, Stephen J. Field, California; 
 ^'irruit Judf/e, Lorenzo Sawj'er, San Francisco; Clerk, L. S. B. Sawyer, Sun Francisco. 
 
 Term-v.— At San Francisco 1st Monday February, 2d Monday July, 4th Monday 
 November. 
 
 INITKI) STATES DISTItlCT COURT. 
 
 District Judge, Ogden Ilotliniiii, San Kiancisco; DiMriH Atlorne.i/, John T. Carey, 
 San Francisco; Clerk, Southard llofliiuiii, S;in Francisco; Marshal, J. C. Franks, San 
 Francisco. 
 
 Teniis—Hixn Francisco 1st Mimday Keln'uaiy, L'd Monday July, 4th Monday 
 November. 
 
 Jurisdiction of both Circuit and District Courts cinbrucos all the counties in 
 the State. 
 
 State is now divided int<j two districts and circuits. 
 
 STATE SUPREME COURT. 
 
 Cliir/ Justice, ^ih'ii Searls, San Francisco; Associole Justices, E. W. McKinstry, 
 San Francisco; \'au K. rattcrson. Stockton; J. 11. Sharpstein, San Francisco. T. ii. 
 McFarland, San Francisco ; J. D. Thornton, San Francisco; Jackson' Temple, Santa 
 Rosa; Coniutissioners, I. S. Belcher, Y. Robert Hayne, H. S. Foote; Clerk, J. D. 
 Spencer, San Francisco. 
 
 Court is always open for the transaction of business. It holds sessions in San 
 Francisco 2d Monday .lanuary, :;d Monday July ; Los Angeles 1st Monday April, 2d 
 Monday October; Sacramento 1st Monday May, 2d Monday November. 
 
 SUPERIOR COURT. 
 
 The Superior Court for each county is held at the county seat, and is always open 
 for the transaction of business, legal holidays and non-judicial days excepted. 
 For j}irisdiction of courts, see title Courts, under Laws of Caj^ifoenia, ante.
 
 84 
 
 CALIFORNIA. 
 
 ATTORNEY'S IN CALIFORNIA. 
 
 Bold Face Type denotes county seats. A dash (— ) less than 100 population. 
 Figures after names, when admitted to the Bar. A star (*) Notaries Public. 
 A double dagger (J) our Compiler of Laws. 
 A dagger (t) former recommendation witlidrawn. 
 
 Adin 
 
 Alameda 
 
 Alturas 
 
 Anaheim 
 
 Anderson 
 
 Antioch 
 
 Areata 
 
 Auburn 
 Bakersfield 
 
 Benicia 
 
 Bishop Creek 
 
 Blair 
 
 Bodie 
 
 Bridgeport 
 
 Calico 
 
 Gamptonville 
 
 Cedarville 
 
 Chico 
 
 Coleville 
 
 Colusa 
 
 Compton 
 
 Covello 
 
 Crescent City 
 
 Dagjjett 
 
 Davisvillc. 
 
 Dixon 
 
 Downieville 
 
 DutcOi Flat 
 
 Etna Mills 
 
 Eureka 
 
 Fairfield 
 Ferndale 
 Folsom City 
 Fort Jones 
 Fresno 
 Gilroy 
 Gonzales 
 Grass Valley 
 Greenville 
 
 COUNTY. 
 
 Modoc 
 
 Alameda 
 
 Modoc 
 
 Lon Angeles 
 
 Shasta 
 
 Contra Costa 
 
 Humboldt 
 
 Placer 
 
 Kern 
 
 Solano 
 
 Inyo 
 
 Shasta 
 
 Mono 
 
 Mono 
 
 San Bernardino 
 
 Yuba 
 
 Modoc 
 
 Butte 
 
 Mono 
 
 Colusa 
 
 Los Angeles 
 
 Mendocina 
 
 Del Norte 
 
 San Bernardino 
 
 Tolo 
 
 Solano 
 
 Sierra 
 
 Placer 
 
 Siskiyou 
 
 Humboldt 
 
 Solano 
 
 Humboldt 
 
 Sacramento 
 
 Siskiyou 
 
 Fresno 
 
 Santa Clara 
 
 Monterey 
 
 Nevada 
 
 Phiinas 
 
 NAMES OF ATTORNEYS. POPULA'N. 
 
 D. D. Monroe. 500 
 
 R. B. Tappan. 5,750 
 
 Ewing & Clafliu 600 
 
 R. Melrose. 1,833 
 
 [See Redding.) 300 
 
 Oliver Wolcott. 820 
 C GEORGE W. HOPKINS, '54 
 
 .] Attorney, Notary Public 703 
 ( and Claim Agent. 
 
 J. E. Prewett. 1,229 
 
 C. C. Cowgill. 1,000 
 
 L. B. & L. Mintzer. 1,794 
 
 W. P. George. 275 
 
 W. D. Biegle. — 
 
 R. S. Miner. 3,500 
 
 O. F. Hakes. 300 
 
 Frank Almon. 500 
 
 J. R. Young. 400 
 
 (*See Alturas.) 300 
 
 F. C. Lusk. 3,500 
 R. G. Watkins. 100 
 Geo. A. Blanchard. 1,200 
 A. P. Bentley. 500 
 J. K. Chambers. 300 
 .1. E. Murphy. 800 
 C. J. Perkins. 175 
 James O'Neal. 600 
 C.A.King. '85 913 
 Hundlay & Gale. 750 
 
 G. H. Colby. 939 
 J. S. Beard. 361 
 
 S Chamberlin, (J. D. H.) o enn 
 
 '( McGowan, (F.) "^'^"^ 
 
 George A. Lamont. 150 
 
 P. F. Hart. 900 
 
 W. C. Crosett. 2,000 
 
 Geo. W. Russell. 40O 
 
 Hon. J. B. Campbell. 2,500 
 
 P. B. Tully. 2,000 
 
 Thos. Peniyou. 250 
 
 v. W. Kitts. 4,451 
 
 I). L. Hauu. 650
 
 CALIFORNIA. 
 
 85 
 
 PLACE. 
 
 , COUNTY. 
 
 KAMES OF ATTOKN^EYS. POPULA'N. 
 
 Grklley 
 
 Butte 
 
 B. C. Long. 
 
 600 
 
 Orovelancl 
 
 Tuolumne 
 
 Benjamin Hunter. 
 
 aoo 
 
 lleaklsbiiro- 
 
 Sonoma 
 
 L. A. Norton. 
 
 1,18:5 
 
 Hollister 
 
 San IJenito 
 
 N. C. Brigg.s. 
 
 1,.500 
 
 J loniitos 
 
 Mariposa 
 
 AVm. Adams. 
 
 400 
 
 Independence 
 
 Inyo 
 
 A. R. Conklin. 
 
 300 
 
 I one 
 
 Amador 
 
 H. A. Carter. 
 
 750 
 
 Ii)\va City 
 
 Placer 
 
 (See Auburn.) 
 
 600 
 
 Jackson 
 
 Amador 
 
 A. C. Brown. 
 
 1,140 
 
 Kiiii;sl)ur^' 
 
 Fresno 
 
 E. M. Morgan. 
 
 110 
 
 Lakeport 
 
 Lake 
 
 B. W. Crump. 
 
 600 
 
 Las Cnicas 
 
 Santa Barbara 
 
 S. B. I. Sturgeon. 
 
 — 
 
 Liiu'oln 
 
 Placer 
 
 P. Singer. 
 
 30r> 
 
 Jjiverniore 
 
 Alameda 
 
 Ct. W. Langan. 
 
 1,300 
 
 Lodi 
 
 San .Toaciuiu 
 
 AY. C, Green. 
 
 700 
 
 Lonipoc 
 
 Santa Barbara 
 
 1 
 
 AY. W. Broughton. 
 
 r BERLIN, B. R. '79 
 J\[()SS, LEON F. '80 
 
 500 
 
 Los Angeles 
 
 Los Angeles 
 
 1 
 
 AYILLIS, F. R., Special "81 
 attention to Probate Prac- 
 tice and Real Estate 
 ^ Law. 
 
 11,311 
 
 Lower Lake 
 
 Lake 
 
 D. M. Hanson. 
 
 459 
 
 .AFadera 
 
 Fresno 
 
 AY. Barry. 
 
 300 
 
 Mariposa 
 
 Mariposa 
 
 Hon. .Tohn M. Corcoran. 
 
 400 
 
 Markleville 
 
 Alpine 
 
 Hon. M. D. Arnot. 
 
 100 
 
 Martineze 
 
 Contra Costa 
 
 jVLills & AVallace. 
 
 1,500 
 
 Marysville 
 
 Yuba 
 
 .J. H. Craddoek. 
 
 4.32] 
 
 :\[ax^Yell 
 
 Colusa 
 
 C. E. Pond. 
 
 300 
 
 Merced 
 
 Merced 
 
 Farrar & Peck. 
 
 l.i502 
 
 .Millvillc 
 
 Shasta 
 
 AY. D. Beigle. 
 
 300 
 
 Modesta 
 
 Stanislaus 
 
 "Wright & Hazcn. 
 
 2,000 
 
 3[okeluiniie Hill 
 
 Calaveras 
 
 AY. R. Boucher. 
 
 515 
 
 .Monterey 
 
 ]\Ionterey 
 
 AYILL A. KEARNEY. "80 
 
 2,000 
 
 Napa City 
 
 Napa 
 
 E. D. Ham. 
 
 3,731 
 
 Nevada City 
 
 Nevada 
 
 Gaylord & Searles. 
 
 3,500 
 
 North San .Juan 
 
 Nevada 
 
 •T. A. Stidger. 
 
 675 
 
 •Oakland 
 
 Alameda 
 
 AY. R. Davis. 
 
 34,536 
 
 Orland 
 
 Colusa 
 
 Thos. Nicholls. 
 
 292 
 
 Oroville 
 
 Butte 
 
 Hundley '47 & Gale. "73 
 
 1,743 
 
 Pasodena 
 
 Los Angeles 
 
 N. P. Conrey. 
 
 400 
 
 IVtalunia 
 
 Sonoma 
 
 E. S. Lippitt. 
 
 5,000 
 
 Placerville 
 
 Eldorado 
 
 Hon. Geo. E. AYiUiams. 
 
 2,000 
 
 i^leasanton 
 
 Alameda 
 
 J. R. Palmer. 
 
 601) 
 
 Pomona 
 
 Los Angeles 
 
 J. Clarke. 
 
 300 
 
 Punta Arenas 
 
 Mendocino 
 
 L. G. Morse. 
 
 500 
 
 Quincy 
 
 Plumas 
 
 Htm. G. G. Clough. 
 
 500 
 
 Ked Bluff 
 
 Tehama 
 
 .T. F. Ellison. 
 
 2,500 
 
 lU'ddinj;- 
 
 Shasta 
 
 Frisbie '70 & Wiley. '82 
 
 700 
 
 Hedwood City 
 
 San Mateo 
 
 Geo. AV. Ft)x. 
 
 1,383 
 
 Riverside 
 
 San Barnardio 
 
 AY. H. Fessenden. 
 
 1,500 
 
 Sacramento City 
 
 Sacramento 
 
 L. C. AYhite. 
 
 21,420 
 
 Salinas 
 
 Monterey 
 
 Hon. .1. K. Alexander. 
 
 2,600 
 
 San Andreas 
 
 Calaveras 
 
 REDDICK & SOLUNSKY 
 
 600 
 
 San Bernardino 
 
 San Bernardino 
 
 II. C. Rolf. 
 
 1,673 
 
 San Buena Ventura Ventura 
 
 Hall c% Ilamer. 
 
 1,370 
 
 San Diego 
 
 San Diego 
 
 jr. A. Luce. 
 
 2,450
 
 86 
 
 CALIFORNIA. 
 
 San Francisco. Sak Francisco. 
 
 X Berlin, F. A., 420 Montgomery St. 
 
 See Card in Appendix, page ii. 
 HEALY, 'SG BENJAMIN, 531 California St 
 (;OAD, W. F., 006 Montgomery St. 
 
 Hart, Wm. H. H., 230 Montgomery St. 
 Si'e Card in Appendix, page i. 
 
 Matthews, Wickliffe, 405 Kearney St. 
 Ste Curd in Appendix, page ii. 
 
 EEDDICK & SOLUNSKY. 
 
 f Harper, W. IL, jMontgomery Block. 
 
 f ScUf/mn?t, M., 511 Montgomery St. 
 
 PoruLATiON, 239,!)5(>. 
 
 I'hACK. 
 
 COUNTY. 
 
 NAMES OF ATTOKNEYS. : 
 
 c TvITTREDGE, A. S. 
 ; Patton, Joseph R. "81 
 ^, Russell, J. H. ■69 
 
 porri.A N. 
 
 San Jose 
 
 Santa Clara 
 
 12.566 
 
 
 
 
 San .Tuan 
 
 San Benito 
 
 J. F. McMahon. 
 
 584 
 
 San Luis Obispo 
 
 San Luis Obispo 
 
 D. R. McVenable. 
 
 2,243 
 
 San Rafael 
 
 Marin 
 
 H. Wilkins. 
 
 2,276 
 
 Santa Ana 
 
 Los Angeles 
 
 V. Montgomery. 
 
 711 
 
 Santa Barbara 
 
 Santa Barbara 
 
 R. B. Canfield. 
 
 5,000 
 
 Santa Cruz 
 
 Santa Cruz 
 
 C. B. Younger. 
 
 2.81)8 
 
 Santa l^aula 
 
 Ventura 
 
 Dr. Guiberson. 
 
 203 
 
 Santa Eosa 
 
 Sonoma 
 
 Henly & Oats. 
 
 3,616 
 
 Santa Maria 
 
 Santa Barbara 
 
 S. E. Crow. 
 
 300 
 
 Shasta 
 
 Shasta 
 
 C. W. Taylor. 
 
 900 
 
 Sierra Valley 
 
 Sierra 
 
 H. A. Mason. 
 
 500 
 
 Sierra City 
 
 Sierra 
 
 B. Schlessenger. 
 
 600 
 
 Sierraville 
 
 Sierra 
 
 Geo. Wood. 
 
 360 
 
 Snison City 
 
 Solano 
 
 J. McKenna. 
 
 759 
 
 Sonoma City 
 
 S >noma 
 
 J. .J. Henderson. 
 
 910 
 
 Sonora 
 
 Taolumne 
 
 Edwin A. Rogers. 
 
 1,492 
 
 Stockton 
 
 San Joaquin 
 
 L. W. Elliott! 
 
 10.827 
 
 Susanville 
 
 Lassen 
 
 E. V. Spencer. 
 
 ()50 
 
 Tom ales 
 
 Marin 
 
 Wm. Vanderbilt. 
 
 300 
 
 Truckee 
 
 Nevada 
 
 H. A. Mason. 
 
 1,147 
 
 Tulare 
 
 Tulare 
 
 E. T. Casper. 
 
 (i75 
 
 Ukiah 
 
 Mendicino 
 
 T. L. Carothers. 
 
 1.300 
 
 Vacaville 
 
 Solano 
 
 A. J. Dobbins. 
 
 460 
 
 Vallejo 
 
 Solano 
 
 F. W. Hall. 
 
 5.989 
 
 Visaiia 
 
 Tulare 
 
 T. jVI. McNAMARA.* *74 
 
 2,000 
 
 Volcano 
 
 Anador 
 
 A. Heath. 
 
 500 
 
 Walnut Creek 
 
 (Jontra Costa 
 
 R. H. Latimer. 
 
 250 
 
 Watsonville 
 
 Santa Cruz 
 
 A. S Kittredge. 
 
 1,799 
 
 Weaverville 
 
 Trinity 
 
 C. E. Williams. 
 
 8()3 
 
 Willows 
 
 Colusa 
 
 B. F. Geis. 
 
 900 
 
 Wilniiiiiito.! 
 
 Los Angeles 
 
 .1. F. C. Johnson. 
 
 910 
 
 Woodland 
 
 Yolo 
 
 F. E. Baker. 
 
 ;{.516 
 
 Yreka 
 
 Siskiyou 
 
 H. B. Gillis. 
 
 1.0,59 
 
 Yuba City 
 
 Sutter 
 
 S. Stabler. 
 
 t50(k
 
 CALIFORNIA. 
 
 • 87 
 
 BANKS IN CALIFORNIA. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital of ore 
 bank in each county of this state in wliicli sucli a banking institution is located. 
 
 Alameda 
 
 BakerstioUl 
 
 Ohifo 
 
 Colusa 
 
 Dixdii 
 
 Euioku 
 
 Fresno 
 
 (iilroy 
 
 i I ol lister 
 
 Lakeport 
 
 Liverinore 
 
 Los Aiiyeles 
 
 .AFartiiicz 
 
 ^rerced 
 
 Modesto 
 
 Napa City 
 
 Nevafla City 
 
 Oakland 
 
 Petalunia 
 
 J^omona 
 
 lied Blutt" 
 
 liiverside 
 
 Sac'raiueiito 
 
 Salinas City 
 
 San Bernardino 
 
 SanBuena Ve'a 
 
 San Diego 
 
 San Francisco 
 
 San Jose 
 
 San Luis Obispo 
 
 Santa Barbara 
 
 Santa Clara 
 
 Santa Cruz 
 
 Santa llosa 
 
 Stockton 
 
 Suisun 
 
 Tomales 
 
 Fkiah 
 
 Vi.salia 
 
 AVatsonvilie 
 
 AV'^illows 
 
 Woodland 
 
 Yreka 
 
 NAME OF IJANK. 
 
 First National Bank 
 
 Kern Valley Bank 
 
 Bank of Butte County 
 
 ( 'olusa County Bank 
 
 Bank of Dixon 
 
 Humboldt Coitnty Bank 
 
 Farmers" Bank 
 
 Bank of Gilroy 
 
 Bank of Ilollister 
 
 Bank of Lake 
 
 Bank of Livermore 
 
 Los Angeles National Bank 
 
 Bank of ^lartinez 
 
 >[erced Bank 
 
 ^lode.sto Bank 
 
 Bank of Napa 
 
 Citizens' Bank 
 
 First National Bank 
 
 Bank of Sononio County 
 
 First National Bank 
 
 Bank of Tehama County 
 
 First National Bank 
 
 Xat Bk of I). O. Mills .t Co 
 
 Salinas City Bank 
 
 First National Bank 
 
 Bank of Ventura 
 
 First National Bank 
 
 Bank of California 
 
 First National Bank 
 
 Bank of San Luis Obispo 
 
 First National Bank 
 
 B"k of Santa Clara County 
 
 B'k of Santa Cruz County 
 
 Santa Rosa Bank 
 
 First National Bank 
 
 Bank of Suisun 
 
 Bank of Tomales 
 
 Bank of Ukiali 
 
 Bank of Visalia 
 
 Bank of Watsonville 
 
 Bank of AVillows 
 
 Bank oi "Woodlaml 
 
 Siskiyou County Bank 
 
 CASHIER. 
 
 J. E. Baker. 
 H. A. Blodget. 
 (-harles Faulkner. 
 ^V. P. Harrington. 
 J. 11. Rice. 
 W. :\r. Huntoou. 
 W. W. Philips. 
 Geo. E. Hersey. 
 T. W. Hawkins, 
 ^.[arshall Arnold. 
 H. Pitcher. 
 G. H. Stewart. 
 H. :N[. Hale. 
 Frank Howell. 
 .1. E. Wanl. 
 C'. R. Gritman. 
 .John T. Morgan. 
 A. D. Thompson. 
 J. S. Van Doren. 
 Stoddard Jess. 
 W. B. C!ahoon. 
 A. H. Waftzger. 
 Frank ^[iller. 
 W . S. Johnson. 
 \V. N. Crandall. 
 Henry Clay. 
 ]{. A."^ Th(nnas. 
 Thomas Brown. 
 L. G. Nesmith. 
 W. E. Stewart. 
 A. L. Lincoln. 
 C. C. Hayward. 
 
 E. J. Cox. 
 
 L. W. Burris. 
 P. P.. Eraser. 
 William Wolf. 
 Thos. J. Abies. 
 Samuel Wheeler. 
 C J. Giddings. 
 H. S. Fletcher. 
 Wm. C. Murdock. 
 C. F. Tliomas. 
 
 F. E. AVadsworth. 
 
 PAID XP 
 CAPITAL. 
 
 $100,000 
 
 53,000 
 2.30,000 
 .>00,000 
 223,100 
 200,000 
 100,000 
 
 68,000 
 2.'50,000 
 
 43,740 
 100,000 
 300,000 
 100.000 
 
 42,22.5 
 173.000 
 180.300 
 
 30.000 
 100,000 
 300,000 
 
 .30,000 
 300,000 
 
 .30,000 
 400,000 
 300, ()(»(> 
 100. OOO 
 
 90,00(> 
 
 100,00(» 
 
 $3,000,000 
 
 .300,000 
 
 100,000 
 
 .30,000 
 13.3,000 
 
 80,000 
 300,000 
 200,000 
 100,000 
 100,0()(> 
 230,000 
 200,000 
 20O,0flO 
 200,000 
 ;500, ()()(► 
 
 60,00(k
 
 STATE OF 
 
 COLORADO. 
 
 SUMMARY OF 
 
 COLLKCTION LaW3. 
 
 Court Calexdak, Instructions for taking Depositions, Legal Forms, Etc. 
 
 Expressly Prepared and Revised to Nov. 1st, 1887, for " Showers' 
 
 Legal Directory and Merchants' Guide." for 1888, by 
 
 Ufford, Reddin & Van Buken of the Denver Bar. 
 
 Acknowledgments. — Deeds, bonds and agreements, in writing, conveying 
 lands, or any interest therein, or aiiecting title tliereto wlien executed in this 
 state, may be taken before any jvidge of tlie supreme, district or county 
 courts, or any clerk of either of said supreme or district courts, or the 
 dei^uty of any such clerk, such county judge and such clerks certifying the 
 same under the seal of such court, respectively ; before the clerk and recor- 
 der of any county, or his deputy, he or his deputy certifying the same under 
 the seal of his county ; before any notary jjublic, he certifying the same 
 under his notarial seal ; or before any justice of tlie peace "witliin his county, 
 provided, that if tha lands conyeyed or involved do not lie in the county of 
 such justice of the peace, then there must be affixed to his certificate of ac- 
 knowledgment the certificate of a county clerk of such county, under his 
 hand and the seal of such county, to the official capacity of such justice of 
 the pyace, and that the signature of such justice of the peace to the certifi- 
 cate of acknowledgment is the true signature of such justice. 
 
 When executed outside of this state, and within the United States, or the 
 territories thereof, before the secretary of any such state or territory, certi- 
 fied by him under the seal of such state or territory ; before the clerk of any 
 court of record of such state or territory, or of the United States, within 
 such state or territory, having a seal, such clerk certifying the same under 
 the seal of such court ; before a notary public of such state or territory, he 
 certifying the same under his notarial seal ; before any other officer author- 
 ized by the laws of such foreign state or territory to take and certify such 
 acknowledgments ; provided, there shall be affixed to the certificate of such 
 officer a certificate by tlie clerk of some court of record of the county, city, 
 or district wherein such officer resides, under the seal of such court, that 
 the person certifying such acknowledgment is the officer he assumes to be, 
 that he has authority by the laws of such state or territory to take and cer- 
 tify such acknowledgment, and that the signature of such officer to the cer- 
 tificate of acknowledgment Is the true signature of such officer ; or before 
 any commissioner of deeds for sucli foreign state or territory, aj^pointed 
 under the laws of this state, certified under the hand and official seal of such 
 commissioner. 
 
 When executed out of the United States, before any court of record hav- 
 ing a seal, the judge or .'justice of such court certifying the acknowledgment 
 to have been made before such court, under the seal of such court ; before 
 
 [Col. 1.1
 
 COLORADO. 89 
 
 the mayor or other chief officer of any city or town havinjj;- a seal, certified 
 viiuler such seal by such mayor or other officer, or before any consul of the 
 Unitt'cl States within such foreign country, certified by him under the seal of 
 his consulate. If taken before the clerk of a court of record the certificate 
 should show it. 
 
 Form of Acknowledfjment. 
 
 Statr of Colorado, } 
 County of . ii * " 
 
 appeared before me this day of . Iss — , in person, 
 
 and acknowledged the foregoing instrument to be his act and deed for the 
 u.ses si)ecified therein. 
 
 AV^itness my baud and official seal. 
 
 [sKAL.] {Sifj nature (nul titU'.) 
 
 Actions. — There is but one form of civil action in this state. Civil actions 
 in courts of record are commenced by service of a summons, stating the re- 
 lief demanded, or by filing the complaint. Non-residents must give security 
 for costs at the time of commencing action. 
 
 Administration of Estates of Deceased Persons. — Of Decedents Estettes. 
 — (*SV(; ir(7?*-.)^Administrat;ou granted : 1. Husband or widow ; 3. Next 
 of kin ; B. Creditor; 4. Any other person hi case none of the foregoing ap- 
 ply. Administrator must take oath in court and give bond in doulde the 
 value of the estate. Administrators to collect may be appointed during any 
 contest over the probate of a will. A public administrator is annually ap- 
 pointed by the governor for each county, to whom administration may be 
 intrusted in case there is no relative or creditor of intestate in this state. 
 Executors and administrators may be removed for cause or required to fur- 
 nish new bonds. Demands against estates shall be paid in the following order 
 of priority: 1st. Funeral and other expenses attending last sickness. 2d. 
 Probate expenses and ijhysicians bill. 3d. Moneys owing by testator or 
 intestate as executor or administrator. 4th. All otherdebtsexhibited within 
 one year. If no objection is made to claim party is permitted to prove by 
 his oath that it is just and unpaid, after allowing all just credits. If objec- 
 tion is made it shall be proved in other cases, but in such case the party 
 making the claim shall not be permitted to prove the sum by his or her oath. 
 An entry of record is made of every demand allowed Avhicli has the force of 
 a jiidgment. After payment of debts and legacies the surjjlus is divided 
 .among the next of kin, according to law. — (See Descent and Distributioit.) 
 
 AflB.davits. — The following officers are authorized to administer oaths and 
 affirmations, and to take affidavits and depositions, to wit : the judges and 
 clerks of courts of record within their counties or districts, and justices of 
 the peace and notaries public within their respective counties. Those who 
 desire may affirm, s.ibject, however to the pains and penalties of perjury. 
 An affidavit taken in another state or territory of the United States to be 
 used in this state, shall be taken before a commissioner appointed by the 
 governor of this state to take affidavits and dei)ositions in such other state or 
 territoiy, or before a notary public or judge of a court of record having a 
 seal. When taken in a foreign country it must be taken before an ambassa- 
 dor, minister, or consul of the United States, or before any judge of a court 
 of record having a seal, in such foreign country. When an affidavit is taken 
 befoi'e a jiulge of a court in another state, or in a foreign country, the gen- 
 uineness of the signature of the judge, the existence of the court, and the 
 fact that such a judge is a member thereof, shall be ceitified by the clerk of 
 the court, under the seal thereof. 
 
 Aliens. — By act of April 3d, 1887, non-resident aliens are prohibited from 
 acquiring by purchase, agricultural, arid or ranye lands, or any interest, use 
 [Col. 27] ° o > .>
 
 90 COLORADO. 
 
 or benefit therein. Lands acquired in violation of the intent of act, shall be 
 forfeited to the people of the state, upon suit instituted by attorney general. 
 Interest acquired by non-resident alien, by devise or descent, or by purchase 
 at foreclosure or judicial sale, may be held for the pui'iiose of alienation, for 
 three years, and if not in the meantime sold, shall become forfeited. Act 
 does not apply to foreign corporations, symlicates or individuals, acquirinji-. 
 ownintf, holding or working mines, or for engaging in any industry other 
 than the holding of agricultural, arid or range lands, outside of incorporated 
 tovi^ns or cities ; act does not apply where the assessed value o£ land or in- 
 terest therein is less than $5000 ; but the entire land held in the state by any 
 non-resident alien shall be taken into consideration 
 
 Appeals. — Appeals to supremo court from district, county and superioi- 
 courts, allowed where judgment is final, and equals or exceeds -slOO, exclu- 
 sive of costs, or relate to a franchise or freehold. 
 
 Arrest. — There shall be no imprisonment or arrest for debt upon any con- 
 tract. If, in an action founded upon a tort, the verdict or finding shall state 
 that a defendant, in commiting tlje toit, was guilty of either malice, fraud, 
 or wilful deceit. An execution against the body may issue, and the defendant 
 may be imprisoned for a term not exceeding one year, provided an imme- 
 diate release must be made upon the payment of the judgment. If there 
 •has been a conviction in a criminal i)rosecution, for the same wrong, an exe- 
 cution against the body cannot issue in the civil action. 
 
 Assignments. — Any person may make an assignment for the benefit of 
 his creditors, by a deed, which, when filed for record in the office of the 
 county clerk and recorder of the county where the assignor resides, (if a non- 
 resident, then in county where he has his principal place of business) in this 
 state, vests in the assignee the title to all property, in trust, for the benefit 
 of the creditors. 
 
 To assignment shall be annexed an inventory of all property, real and per- 
 sonal, with an estimated value, with a list of all creditors, giving names and 
 residence, (if known), and amounts of their demands. This inventory is not 
 conclusive as to the amount of tlie estate. An omission of any property 
 shall not defeat the assignment. To be valid, an assignment must be Ibr the 
 benefit of all creditors, to be proportioned according to their respective 
 claims. When for the benefit of all, the assent of creditors is to be pre- 
 sumed. The assignee shall, within ten days after the assignment, file a true 
 and full inventory and valuation, under oath, with tlie clerk of the district 
 court, (or superior court where established, ) in the county where the deed 
 of assignment is recorded, and shall give bonds to the people of the state of 
 Colorada, for the use of the creditors, in double the amount of the valua- 
 tion, to be approved by the clerk of the court, for the performance of the 
 trust. If any real property or interest therein shall be conveyed in the as- 
 siginnent, the assigneeshall forthwith filewitli theclerk and recorder of each 
 county, wliere the real estate may be situated, a notice of the assignment, 
 giving date, and when and where recorded, and a desciiption of proj^erty 
 affected in that county. This shall be a constructive notice to a purchaser. 
 
 The assignee shall forthwith give notice of assignment, by publication in 
 a newsx)aijer in tlie county, to be for fmr weeks, lie shall thenmail t<> each 
 creditor, a n(^tice stating the estimated value of all tlie i)roi)erty, and the es- 
 timate of the liabilities, notifying each creditor to present his claim within 
 three months from the date of mailing noti<'e, under oath. Claims filed 
 within the first three months have a priority, unless a creditor can show he 
 never received a notice. The assignee shall, by atfidavit, make i)roof of 
 notice by mail, within ten days after mailing, giving a list of creditors and 
 post offices where the notices were .sent. 
 
 The publislier shall make, by affidavit, proof of the notice by publication, 
 within ten days after the last iiublication. No fees shall be allowed for such 
 notices unless the T>roofs arc made within the said ten days. 
 
 [Col. 3.]
 
 (."OLOIIADO. M 
 
 Three months fmm the first iniblication aiul mailiiifijor notice, the assignee 
 shall report and file >vith tlie elerk of tlie eoiirt, a true and lull list, under 
 oath, of all creditors who sliall have tiled their elaims, the amounts claimed. 
 and the value of any st'cui-ity hehl by any creditor, if any. lie shall tile a 
 statement of all his iirocc'e<lin<;s, Any jjcrson interested, may aiijyear before 
 a dividend shall be made, and tile with the clerk an exi'ejjtion to the claim of 
 any creditor. The clerk shall cause a notice to be givi'n to the creditors, 
 who shall file his ri'ply within the time allowed, to answer in an action at 
 law. The court shall give a hearing, and render such judgment as shall be 
 ju.st. If no exception shall be made to a claim filed, (or, if favorably adju- 
 dicated,) the court shall order the assignee to make fairand ecjual dividends, 
 as soon as may be, to rcmlera full a(;count of said trust. Compensation may 
 be allowed, following, as near as may be, ct)mi)eusation allowed to executors 
 for like services. The assignee shall, at all times be subject to the order and 
 supervision of the court. If the assignee fails to tile an inventory, or give 
 bonds within ten days after the making of the assignment, or shall die be- 
 fore the closing of his ti'ust, or be remuved, the court, upon the application 
 of any person interested, may ajjpoint an assignee to execute the trust. The 
 court may remove the assignee for neglei't, fraud, misapplying the trust, 
 waste, ft)r failui-e to obey the orders of the court. lie may be removed upon 
 the petition of the majcnity in luunber and value of the creditors, unless the 
 court shall be satisfied it would not be to the best interests of the trust 
 estate. 
 
 The assignee shall have all the rights, power and authority of the assignor; 
 may by deed, as assignee, convey any and all the estate, subject to the 
 ajiproval of the court. It shall be the duty of an assignee (appointed by the 
 court) to compel by suit, or the peremptory order of the court., the deliveiy 
 of the trust estate, and the property orthe value thereof, that may have been 
 wasted or misapjilicd by the previous assignee. If the sureties are not suiE- 
 cient, the court may order sufficient sureties to be given. 
 
 The assignee shall file an inventory of an additional property, coming into 
 his hands after the first inventory. The judge, or in his absence, the clerk, 
 may thereupon i'e(juire him to give additicmal security. The court or judge 
 may, n])on the application of the assignee, or of any creditor, compel the ap- 
 pearance of the debtor, or any other witness, to answer, under oath, such 
 matters as may then and there be inquired of him. The court may compel 
 the debtor to deliver t(j the assignee any property embraced in the assign- 
 ment. 
 
 No assignment shall be in%alid because of misappropriation of the property 
 by the debtoi' prior to the assignment. The assignee may recover it, if mis- 
 ajipropriated in fraud. Debts not due may be claimed. If not bearing in- 
 terest, a rebate may be allowed. Interest shall be computed to the date of 
 the assignment. The majority in number and value of the creditors may, in 
 writing, appoint an attorney to represent the estate, lie may appear lV)r 
 the assignee in all suits in behalf of the assignee, in securing, preserving or 
 defending the estate ; but for the creditors in all suits as to the accounts or 
 conduct of the assignee. The court may allow him a just compensation. 
 
 At any time after an assignment, the assignor, creditors, and the assignee 
 may agree that all i>roceedings, to be had before the court, may be waived. 
 Upon filing the agreement, the court shall cease t(t have any further jurisdic- 
 tion. The creditors and the assignee, with the consent of the assignor, may 
 make such disposition of the estate as to them shall six-m propter. 
 
 Before the assignee shall be discharged, he shall file his final report, show- 
 ing that be has fully accounted for all the property that came into his hands 
 and discharged the trust. A written notice shall be sent to the creditors, ten 
 days before the hearing, stating the final report, to be on file, that he has ap- 
 ])lied for his discharge, that a hearing will be had at the time and place desig- 
 nated in the notice. When the trust estate is fully closed the court may order 
 that the assignee and sureties be discharged. 
 [Col. 4.1
 
 92 COLORADO. 
 
 The assignee shall close the trust within one year from the filing of the 
 assignment, unless the court shall extend the time. An assignment shall not 
 Jbe invalid because property exempt from execution is exceiited. 
 
 Valid claims of servants, laborers and employees, for wages earned within 
 six months next preceding the assignment, not to exceed fifty dollars to any 
 one person, and all assessed taxes under the laws of this state or of the 
 United States, shall be preferred and paid in full, before payment of divi- 
 dends to other creditors. Any creditor may maintain an action on the bond 
 of the assignee, for any damages sustained by reason of the assignee. 
 
 Attachments. — In actions on contract, express or implied, the plaintiff, at 
 the time of issuing the summons, or at any time afterwards before judg- 
 ment, may have the property of the defendant, not exemi)t from execution, 
 attached as security for any judgment that may be rendered in such action, 
 upon filing with the clerk of the court the affidavit and bond herein described, 
 unless the defendant shall give good and suflficient security to secure the pay- 
 ment of such judgment. 
 
 The bond must be signed by sufficient sureties, to be approved by the 
 clerk of the court, and be in a sum not less than double the amount claimed 
 by plaintiff; the condition of the bond being that the plaintiff will pay all 
 ■costs that may be awarded to defendant and all damages he may sustain by 
 reason of the attachment, if the court shall finally decide the plaintilf not to 
 be entitled to the attachment. 
 
 The affidavit shall be made by the plaintiff, his agent or attorney, or some 
 ■credible person for him, and shall set forth, in addition to the fact that de- 
 fendant is indebted to plaintiff' in a certain sum, stated, as near as may be, 
 upon contract, express or implied, one or more of the following grounds of 
 attachment : 1st. That defendant is not a resident of this state. 2d. That 
 defendant is a foreign corporation. 3d. That defendant is a corporation, 
 whose chief office or place of business is out of this state. 4th. That the 
 defendant conceals himself or stands in defiance of an officer, so that process 
 of law cannot be served upon him, or that the defendant has, for more than 
 four months, been absent from the state, or that for such length of time his 
 w^hereabouts have been unknown, and that the indebtedness mentioned in 
 the affidavit has been dvie dui-ing all the said period. 5th. That the defen- 
 dant is about to remove his property, or effects, or a material part thereof, 
 out of this state, with intent to defraud, or hinder or delay his creditors or 
 some one or more of them. 6th. That the defendant has fraudulently con- 
 veyed, or transferred, or assigned his property or effects so as to hinder or 
 delay his creditors, or some one or more of them. 7th. That the defendant 
 had fraudulently concealed or removed or disposed of his property or effects, 
 .so as to hinder or delay his creditor, or some one or more of them, 8th. 
 That the defendant is about to fraudulently convey or transfer, or assign his 
 property or effects, so as to hinder or delay his creditors, or some one or more 
 of them. 9th. Tl)ut the defendant is about to fraudulently conceal or re- 
 move, or dispose of his property or effects, so as to hinder or delay his credi- 
 tors ; or that .such debtor has departed or about to depart from this state, 
 with the intention of having his effects removed from this state. 10th. That 
 tlie defendant has failed or refused to pay the price or value of any article or 
 thing delivered to liim, which he should have paid for upon the delivery 
 thereof. 11th. Tliat the defendant has failed or refused to pay the price or 
 value of any work or labor done or performed, or for any services rendered 
 by the phiiiititt", at the instance of the defendant, and which should have 
 been paiil at the completion of such woi'k, or when such sei-vices were fully 
 rendered. 12th. That the defendant fraudulently contracted the debt, or 
 fraudulently incurred the liability respecting which the suit is brought, or 
 l>y false representations or false pretenses, or by any fraudulent conduct, 
 ]irocured money or property of the plaintiff. 13th. That the action is 
 brought upon ovt-r due promissory notes, bills of exchange, other written 
 instruments for the direct payment of money, or uiJou book accounts. 
 
 [Col. 5.1
 
 COLORADO. 9S 
 
 Garnishee process will issue in aid of attaclinicnt when property of the 
 debtor is louiul in tlie possession of third persons. Writs of attaclnnentmay 
 issue upon <U'bts or liabilities not yet due, if the affidavit in attachment 
 states any of the <;rounds aforesaid, except the first, second and third, pro- 
 vided that any judi^incnt obtained sJiall be with a rcbatement of the interest 
 from the time such Judgment is I'cntlercd until the time at which such debt 
 or liability would have become due. Where it appears necessary by affida- 
 vit filed, the writ may be executed on Sunday. 
 
 No writ of attachment shall be quashed on account of any informality or 
 insufiiciency. An amendment shall be allowed. The defendant, within ten 
 days, may traverse and put in issue the matters allefjed in the affidavit. It" 
 the plaintiff shall substantiate any cause alleged, the attachment shall be 
 sustained, othenvise dissolved, and if the debt be not due, the action shall be 
 dismissed. The sheriff shall make a full inventory of the property at- 
 tached. 
 
 Banks and Bankers. — (See Corporations.) 
 
 Bills of Exchange and Promisory Notes. — (See Notes and Bills Payable.) 
 
 Chattel Mortgages. — To be valid as to third parties, chattel mortgages- 
 must be acknowledged before some officer authorized to take acknowledg- 
 ment of deeds, and recorded in the recorder's office of the county, unless 
 possession of the chattels be given to the mortgagee and the goods remain 
 with the said mortgagee. By providing therefor in the mortgage, the prop- 
 erty may remain in the possession of the mortgagor. After default the 
 mortgagee must nt)t delay in taking possession of the pro])ertj% or his lieu 
 will be invalidated as to third parties. Chattel mortgages must be recorded 
 in the county where the chattels or the greater part thereof are situated. 
 Any mortgagor who shall sell such mortgaged chattels, without informing 
 the purchaser of the mortgage thereon, may be compelled to pay to the pur- 
 chaser twice the value of such property. The sale, transfer, or incumbrance 
 of mortgage chattels by the mortgagor, without the notice to the mortgagee 
 and purchaser, is deemed and punished as larceny. The transfer, conceal- 
 ment, or carrying away of such chattels without written consent of mortga- 
 gee is a misdemeanor punishable by fine or imprisonment, or both. Failure 
 to record will not invalidate the lien thereof, if the purchaser of the chattels 
 have actual notice of the mortgage thereon. Mortgage valid from the time 
 of recoi'ding until the maturity of the last instalment of the mortgage in- 
 debtedness, not exceeding two years, when the amount secured does not ex- 
 ceed $2, oOO ; five years when amount secured is over $2, 500 and does not exceed 
 $20,000 ; ten years if more than 620.000. If mortgage given to secure a 
 greater sum than $2,500, sworn annual statements must be made and filed by 
 mortgagee, setting forth that the mortgage was given in good faith to secure 
 payment of sum mentioned, and the amount still due and unpaid. 
 
 Claims against Decedents' Estates. — (See Administration.) 
 
 Conditional Sales of Personal Property. — Not valid. The only way to 
 acquire a lien of this character is to follow strictly the provisions of the chat- 
 tel mortgage act. (See Chattel Mortgages.) 
 
 Corporations. — Corporations are organized under a general law. Three 
 persons (except as otherwise provided) may organize for the purpose of carry- 
 ing on any lawful business, by making, signing, and acknowledging a certifi- 
 cate, which shall be filed in the office of the secretary of the state, and with 
 the clerk and recorder of the county or counties in which the principal busi- 
 ness shall be carried on. The term of existence shall not exceed twenty 
 years, (except as otherwise provided. ) save and except to make perpetual cor- 
 porations insuring the lives of individuals. 
 [Col. *;.]
 
 M COLORADO. 
 
 Corporations may own, possess and enjoy so much real and personal estate 
 as shall be necessary for the transaction of their business, whether acquired ^ 
 by ijurchase, j^rant, devise, gift or otherwise, and may sell and dispose of the 
 same. Each stockholder shall be liable for the debts of tlie corporation, to 
 the extent of the amount that may be unpaid upon the stock held by him. 
 
 The directors or trustees of every corporation, except railroad and tele- 
 graph corporations, shall keep a stock book, showing the condition and 
 ownership of every share of stock, which shall be open for the inspection of 
 stockholders, creditors, and tlieir representatives. Fictitious increase of 
 stock or indebtedness shall be void. In no case shall the capital stock be 
 diminished, to the prejudice of the creditors of the corporation. No divi- 
 dend shall be declared when the corporation is insolvent, nor when the pay- 
 ment of the dividend would make it insolvent, or diminish the capital stock. 
 If done, the directors and oificers assenting thereto are liable for the debts of 
 the corporation, then existing, and for all that shall thereafter be contracted 
 Avhile the cajjital remains so diminished. Corporations may sue and be sued 
 as natural persons. 
 
 Banks may be organized with a capital of not less than thirty thousand 
 dollars ; fifty per cent, must be paid in before doing lousiness, and the bal- 
 ance within one year. Saving banks may organize with a cash capital of 
 twenty-five tlu)usand dollars. Trust, deposit, and security associations may 
 organize with a capital of not less tlian fifty thousand dollars ; thirty thous- 
 and dollars of whicli must be paid in before doing business. Shareholders in 
 banks, saving funds, trust, deposit, and security associations, shall be held 
 individually resjwnsible for debts, contracts and engagements of said asso- 
 ciations in double the amount of the par value of the stock owned by them 
 respectively. 
 
 A mining company, for the purpose ofpurchasing mining property, may issue 
 full paid non-assessable stock, which shall be unassessable until the balance 
 or whole amount shall be assessed to the jxir value and fully j^aid — then the 
 stock shall be ecjually and rateably liable to assessment. Any mining com- 
 pany may issue all its stock assessable or non-assessable. 
 
 Gas companies may exist for thirty years. To organize a railroad, five 
 persons are required. It may exist for fifty years, but this may be renewed 
 from time to time. 
 
 Foreign Corporations. — Before a foreign corjjoration shall be authorized to 
 do business in this state, it must file a certificate, signed by the president and 
 secretary, dulyacknowledgedwiththesecretary of state, andintheoltice ofthe 
 recorder of deeds, in the county in which the business is carried on, designating 
 the principal ])lace of business, and an autln)rized agent upon whom process may 
 be served. They cannot encumber their property in this state, to the injury 
 of any citizen of tliis state who may be a creditor. Every foreign corporation 
 shall file in tiie office of the secretary of state, a copy of their charter of in- 
 corporation, or in case snch company is incorporated, bi/ certificate, under any 
 general incorporation law, a cojiy of svich certificate, and of such general in- 
 corporation law duly certified and authenticated by the proper authority of 
 such state, kingdom or territory. A failure to comply with these provisions 
 shall render each and every officer, agent and stockliolder, jointly and sever- 
 ally personally liable on any and all contracts of such corporation, made 
 within this state during the default. 
 
 Foreign insurance companies must appoint the siiperintendent of insur- 
 ance, tlieir attt)rney, upon whom process may be served. They must file a 
 certified copy of its charter or articles of incorporation, or deed of settle- 
 ment, together with the last annual statement. Annual statements shall be 
 filed by March 1st, showing tlie condition of the company on tiie preceding 
 31st day of Diicember. No joint stock fire or life insurance comi)any shall 
 do business in tliis state, witli less than an actual casli paid up capital of two 
 hundred thousand dollars. Joint stock insurance companies, for other pur- 
 poses tlianfire and life insurance, must have an actual cash paid up capital 
 of one hundred thousand dollars. 
 
 [Col. 7.]
 
 COLO HA DO. 95 
 
 Costs. — X(>ii-n.'siili'iil> iim-t j;ivf .scciii'it y. 
 
 Form iif liiiml fnr Cost 
 
 v-<. > Court. 
 
 I do hiTfby enter myself security for costs in this case, and ackno-wled<To 
 myself bound to i»ay or cause to bo ])aid, all costs which may accrue in this 
 action, eitlu'r to the opposite jiarty or to any of the otticers of this court, 
 pursuant to the hiws of this .state. 
 
 Dated tills day of , IS—. (Signed), . 
 
 Courts. — Tcrma (tnd Jiiri»(Ucfioiv of. — The supreme court has appellate ju- 
 risdii'ti(»n only, except it shall have power to issue writs of liabeas corpus, 
 mandamus, quo wairanto, certiorari, injunction, and other original and re- 
 jiiedial writs, with authority to hear and deteimine the same. The appellate 
 jurisdiction is over all judgments and decisions of all other courts of record, 
 cxce])t actions lor damages conuneuccd before a justice of the peace in which 
 the judgment was for less than tifty dollars. 
 
 The district Court shall have original juiisdiction of all causes, both at law 
 and in eipiity, and ai)pellate jurisdiction in certain cases iu county and jus- 
 1 ices' courts. They shail have oi'iginal jurisdiction to determine all contro- 
 versies upon relation of any person, on behalf of the people concerninj^ the 
 rights, duties, and liabilities of railroad, telegraph, or toll road comijauies or 
 corporations. 
 
 County courts &\y.\.\\ have oi'iginal jurisdiction in all matters of probate, 
 settlement of estati'S of deceased jutsous, appointment of guardians, con- 
 servators and iulministrators, and settlement of their accounts. The.y have 
 ooncurient jurisdiction with tlie district courts in all civil actions when the 
 debt, damages oi' claim, or the value of the property involveil shall not ex- 
 ceed two thousand dollars. This limit does not apply to estate of deceased 
 persons, 
 
 Superior courts, in cities containing twenty-five thousand inhabitants and 
 over, have original and concurrent jurisdiction within the limits of the city 
 for which created, with the distri<'t courts of the state in all civil causes, and 
 such appellate jurisdiction as is jirovided in such cases for the district court. 
 
 There is but one superior court, viz. : at Denver. 
 
 Criiidueil courts have jurisdiction in all criminal cases not capital. 
 
 Justices of the peace — .Turisdiction not to exceed three hundreil dollars in 
 value. Xo jurisdiction where the title to real property shall l>e called in 
 question. Justices' courts are continually in session. 
 
 Court Calendar.— 
 
 UNITED STATES CIRCI'IT COURT. 
 
 AsxncUilr Jiisticr. — SamiU'l F. Miller, of Iowa. Oiri'uit Juih/r, r>. J. Brewer, 
 Leavenworth, Kansas, ('/"rk, William A. Willarrt, Deliver. 
 
 'Icrnhi. At Denver, 1st Tupsda.vs in Ma.v and October. At Tueblo, 1st Tuesday 
 in March. At Del Xorte, 1st Tuesday in September. 
 
 UNITED STATE-! DISTRICT COURT. 
 
 DMrirl Jiidf/e, Moses Ilallett, Denver. Dixtrirt Atlorm-i/, II. AV. Hobson, Don. 
 ver. C/rrk, William A. WlUard, Denver. MurxJuil, 'A. T. Hill, Denver. 
 
 Tfrmx. At Denver, 1st Tuesdays in May and November. At Pueblo, 1st Tues- 
 day in Mareli. At Del Norte, 1st Tuesday in Septemtier, 
 
 STATE COURTS, 
 
 SriMiEMK CouKT— Consists of three .Tustlees; also three Supreme Com-t Com- 
 missioners. Meets at the State House, Denver, on the first Tuesday in April and 
 December eacii year. 
 
 [Col. 8.]
 
 96 
 
 COLORADO. 
 
 C'OUJSTY COUKTS. 
 
 One Judge in each county. Six terms are annually held in each of the follow- 
 ing counties at the times named ; Arapalioe, Weld, El Paso, Park, Saguache, Sum- 
 mit, Rio Grande, Lal^e, (UiafTee and Uncompahgre, on tlie first Monday in the 
 montlis of January, Marcli, May, July, Septemljer and November. 
 
 Four terms in tlie following counties: Costella on the 2d Monday of March, 
 .Tune, September and December; Co)iejos County on the third Monday of the same 
 months. All tlie remaining counties except Las Animas, on tlie first Monday of 
 the same montlas. l^as Animas County, first Monday in January, April, July and 
 October. 
 
 SUPERIOR COURT AT DENVER. 
 
 One .Judge. Five terms of court each year commencing on the second Monday 
 of January, March, May, September and November. 
 
 CRIMINAL COURT. 
 
 One Judge in eacli of the counties of Arapahoe, Lake and Pueblo, four terms 
 per year, commencing on the first Monday of March, June, September and 
 December. 
 
 DISTRICT COURTS. 
 
 County Seat. 
 . Denver . . . 
 
 County. 
 Arapahoe . 
 
 Archuleta .... Pagosa Springs . 
 
 Bent Las Animas . . . 
 
 Boulder Boulder 
 
 Chaflfee Buena Vista . . . 
 
 Clear Creek . . . Geoj-getown . . . 
 
 Conejos Conejos 
 
 Costilla San Luis 
 
 Custer Rosita 
 
 Delta Delta 
 
 Dolores Rico 
 
 Douglas Castle Rock . . . 
 
 Eagle Red Cliff" 
 
 Filbert Kiowa 
 
 El Paso Colorado Springs, 
 
 Fremont Canon City , . . 
 
 <iarfleld Glenwood Sp'ngs, 
 
 Giljjin Central City . . . 
 
 Grand Grand Lake . . . 
 
 Gunnison .... Gunnison .... 
 Hinsdale .... Lake City . . . • 
 Huerfano .... Walsenburg . . . 
 
 .lefferson .... Golden 
 
 Lake Leadvillle .... 
 
 La Plata Durango 
 
 Larimer . . . Fort Collins . . . 
 Ijas Animas . . . Trinidad .... 
 
 Ijogaa Sterling 
 
 Mesa (irand Junction 
 
 Montrose .... Montrose .... 
 
 Ouray Ouray 
 
 Park Fairplay .... 
 
 Pitkin Aspen 
 
 Pueblo Puehlo .... 
 
 Rio (irande . . . Del Norte . . 
 
 Routt Halm's Peak 
 
 Sagauche .... Sagauche . . 
 SanJuiin . . . . Silverton . . 
 San Miguel . . . Telluride . . 
 
 Summit Bretrkenridge 
 
 "Washington . . Akron .... 
 Weld Greeley . . . 
 
 Dint. When Held. 
 
 2 2d Tues. Jan., 2d Tues. April and 2d Tues. 
 Sept. 
 
 6 Attached to La Plata County. 
 
 3 1st Mon. in Mar. and 1st Moil in Sept. 
 
 8 1st Mon. in Feb , 1st :Mon. Sejit. 
 
 4 2d Mon. Jan., 2d Mon. May, and 2d Mon. 
 Sept. 
 
 1 1st Mon. in June and 1st Mon. in Dec. 
 
 6 8d Tues. in June. 
 
 6 2d Tues. in March. 
 
 3 1st Tues. in June. 
 
 7 2d Mon. in Feb. 
 
 6 Last Tues. in Aug. 
 
 4 1st Mon. in Dec. 
 
 5 1st Mon. June, 2d Mon. Nov. 
 
 4 2d Mon. Dec. 
 , 4 -Itli Mon. in March and 1st Mon. in Nov. 
 
 3 1st Mon. in Aiiril and 2d Mon. in Oct. 
 
 9 1st Mon. in Oct. 
 
 1 1st Mon. in Jan. and 1st Mon. in July. 
 
 9 2d Mon. ill June. 
 
 7 1st Mon. in April and 2d Mon. in Aug. 
 
 7 1st Mon. in .July. 
 
 6 2d Tues. in Dec. 
 1 1st Mon. in April and 1st Mon. in Nov. 
 
 5 1st Mon. in Mar., 2d Mon. in July and 1st 
 Mon. in Dec. 
 
 6 4th Tues. in April and 1st Tues. in Oct. 
 
 8 1st Tues. in Mar. and ist Tues. in Oct. 
 
 3 2d Mon. in Mar. and 3d Mon. in Sept. 
 
 8 1st Tues. in Dec. and 1st Tues in June. 
 
 7 2d Mon. in .Tan. and .Sd Mon. in July. 
 7 2d Mon. in Mar. and 4th Mon. in Oct. 
 7 1st Mon. in May and 1st Mon. in Oct. 
 
 4 Sd Mon. in April and 1st Mon. in Oct. 
 
 9 1st Mon. in Jan., 1st Mon. in jNIay and 2cl 
 Mon in Nov. 
 
 .S 4th Mon. in April and Itli Mon in Nov. 
 
 6 2d Tues. in April and 4tli Tues in Nov. 
 
 9 2d Mon. in Sept. 
 
 6 4th Tues. in Mar. and 2d Tues in Nov. 
 
 6 3d Tues. in May and 1st Tues. in Sept. 
 
 7 1st Mon. in June and 2d Mon. in Sept. 
 
 5 .Sd Mon. in .Tune and 2d Mon. in Oct. 
 
 8 .Sd Tues. in Dee. and .'?d Tues. In June. 
 8 1st Tues. in April and 2d Tues. in Nov. 
 
 Curtesy. — .\.l)olishcd. — {See Descent and Dktyibation.) 
 
 Deeds. — Witnos.ses arc not re<iuire(l to the execution of deeds. A seal is 
 not, nccessai'y. No covenant, express or implied, in any deed of a married 
 woman shall bind her or her heirs. Sneh deeds operate simply as quit claim 
 deeds. Private corporations anthorizod l>y law to convey any of their real 
 
 [Col. 9.]
 
 COLORADO. 9T 
 
 estate, may convey the same by deed under their common seal, subscribed by 
 the president or other head officer. 
 
 A conveyance carries with it the right to immediate possession, unless a 
 future daj' lor jRissession is sjjecitied. A deed ]mr])ortin<^ to convey a fee- 
 simple, shall convey all after-accpxired titles. A deed is constiiieted to con- 
 vey a fee simple, unless <)ther\vise limited. Covenants of seisan, j^eaceable 
 l)ossessi(jn, freedom from incumbrance and warranty run with the pi'emises^ 
 No riglit of action ai;ainst the warrantor exists until the party menacing the 
 possession of the giantce shall have begun suit to obtain possession thereof^ 
 
 Powers of attorney, concerning real estate, must be duly acknowledged 
 an<l recorded in the same office in which the conveyance is required to be 
 recorded. 
 
 Form of Deed. 
 
 Know all men by these presents : 
 
 That I, , for the consideration of dollars?, to be paid, hereby 
 
 sell [convey or quit claim] to the following real property, situated 
 
 in county, state of Colorado, to wit : (insert description) with all its 
 
 appurtenances [and warrant the title to the same against all i^ersous claim- 
 ing under me.] 
 
 Signed and delivered this day of 188 — . 
 
 (Signed) -. 
 
 Depositions. — The testimony of a witness out of this state may be takere 
 by dejjosition in an action, at any time after the service of the summons or 
 the appearance <.)f the defendant, and in a special proceeding at any time 
 after a question of fact has arisen therein. The deposition shall be takeit 
 upon commission issued by the clerk of the court wherein the action is. pend- 
 ing, under the seal of the court, on the application of either pirty, upon giv- 
 ing five days' notice to the opposite party, w hich notice shall be accompanied 
 by a copy of the interrogatories to be attached to the commission. The par- 
 ties may agree upon some person to take the deposition; but, if they do not 
 agree, it shall be issued to any judge or justice of the peace, selected by the- 
 officer granting the commission, or to a regular commissioner of the state or 
 to a notary public. The adverse party may file and have attached to the 
 commission such cross-interrogatories as he may desire. The interroga- 
 tories, direct and cross, as the respective parties may prepare, may be an- 
 nexed to the commission, or when the parties agree by written stipulation, 
 the examination may be without written interrogatories. The comniissioa 
 shall authorize the commissioner to administer oath to witnesses and to take 
 their deposition upon the annexed interrogatories, or if without written in- 
 terrogatories upon the question in disjiute and to certify the deposition tathe 
 court in a sealed envelope, directed to the clerk or other person designated or 
 agreed upon and foi'warded to him by mail or other usual channels of cou.- 
 veyance. 
 
 Form of Depositions. 
 
 State of Colorado, ) In the district court of the judicial district of 
 
 > the state of Colorado, within and for the county of 
 
 County of . ) , aforesaid, the term, A. D. 18 — . 
 
 , Plaintiff, i 
 
 vs. > 
 , Defendant. ) 
 
 To the above named , or , h — attorney : 
 
 Take notice. That on the day of A. D. IS — , the will sue out 
 
 from the clerk's office of the said court a dedimus protestatum or commission 
 
 pursuant to the statute, to take the deposition — of , residing in the 
 
 of , in the county of , in the state of , to be read in evidence on 
 
 the part of the , upon the trial of the above entitled cause. The said 
 
 [Col. 10.}
 
 98 COLOKADO. ' 
 
 dedimus protestatum or commission to be directed to , Esquire, 'of the 
 
 of , ill said county and state. The interrogatories to be propounded to 
 
 the said in this behalf, on the part of tlie , are hereunto subjoined ; 
 
 and you can file cross-interrogatories and join in such commission, if you 
 shall see fit so to do. 
 
 Dated at , this day of , 18 — . 
 
 , Attorney f 07' . 
 
 State of Colouado, i In the district court of the judicial district of 
 
 > the State of Colorado, within and for the county of 
 
 County of . ) , aforesaid, , the term, A. D. 18 — . 
 
 , Plaintiff. ) 
 
 vs. > 
 , Defendant. ) 
 
 Interrogatories to be propounded to witness to be produced, sworn 
 
 and examined in this behalf, on the part of the , by virtue of the com- 
 mission or dedirmis protestatum to be issued in pursuance of the foregoing 
 notice. 
 
 First Interrogatory : What is yovir name, age, occupation and place of re- 
 sidence? 
 
 Second Intorrogatory : Do you know the jjarties, plaintiff and defendant, 
 in this cause, or either of them '.' If yea, how long have you known them, 
 and each of them, respectively '? 
 
 Third Interrogatory '? 
 
 Answer to Interrogatory First. [Here insert the answer, ] and so on suc- 
 cessively, in the order in which the interrogatories may be propounded and 
 answered. Then follow the answers to cross-interrogatories. '■'■ Ansicer 
 to Cross Interrogatory Firsf'' (if any) by the witness on the part of the defen- 
 dant [or ])laintitr, as the case may be.] 
 
 After the deposition is taken, the interrogatories and answers should be 
 read over to the witness, and if he assents to the truth of the answers as 
 Avritten down, the witness will then sign his name to the bottom of his depo- 
 sition, and swear to the truth of it before the commissioner, 
 
 CERTIFICATE. 
 
 The commissioner should then certify as to the time, place and manner of 
 taking the depositiou, as follows : 
 
 "I of the county of and state [or territory] of a commis- 
 sioner duly appointed to take the dei)Ositi()U of the said a witness [or 
 
 witnesses] whose name is subscribed to the foregoing deposition, do hereby 
 certify that previous to the commencement of the examination of the said 
 
 as a witness in the said suit between the said as plaintiff, and 
 
 as defendant, he was duly sworn by me, [or by one, of said commis- 
 sioners, if more than one] to testify the truth in relation to the matters in 
 controversy between the said parties, so far as he should be interrogated con- 
 cerning tlie same, that the said deposition was taken by and reduced to 
 
 writing by [naming the person] at my t)fTfice, [or at the liouse] of 
 
 In the city [or town] of in the county of • state [or territory] of ■ 
 
 on the day of A. D. 18 — , and tliat after said deposition was taken 
 
 l)y me [or us] as aforesaid, the interrogatories and answers thereto, as 
 written down, were read over to the said witness [or witnesses], and that 
 thereupon the same was signed and sworn to by the said deponent [nam- 
 ing him or them] befoi'e me [or us] at the place and on the day and year last 
 aforesaid. 
 
 Signed , Commissioner. 
 
 [The foregoing certificate of commissioner shovild be at the foot or bottom 
 of the deposition, immediately following deposition of the witness.] 
 
 The commissioner should then attach the said depositions to this commis- 
 sion or interrogatories, and also the exhibit, [if any] properly marked or 
 
 [Col. 11.]
 
 COLORADO. 99 
 
 lettered as "Exhibit A," etc., and enclose the whole in a suitahle wrapper 
 or envelope, and then seal up the same securely with THREE seals, writing 
 his name transversely across the middle seal or fold. 
 
 The commissioner will also endorse traversely across one end of the pack- 
 age thus sealed up, the names of the ])arties to this ^uit, and address by 
 mail to the proper address of the clerk, issuing the commission as follows, 
 to-wit : 
 
 A. B., Plaintiff, ) lu the District Court, 
 
 vs. S for the 
 C. D., Defendant. ) Co. of 
 
 Deposition of witnesses, taken on the part of the plaintiff (or defendant.) 
 
 To , Es(i., clerk of the district court, county of , Colorado. 
 
 Neither of tlie parties to the suit, or their attorneys or agents, or any per- 
 son at all interested in the event of the suit, are permitted to draw, write or 
 dietate any part of the deposition, required to be taken as aforesaid. 
 
 It is important to the validity of the dejjosition that these requirements 
 and instructions should be strictly attended to. 
 
 P. B. One caption will answer for the depositions of several witnesses, 
 where they are all taken at the same time and place, to be read as evidence 
 in the same suit, by so modifying the form above given as to be applicable to 
 the number of witnesses examined. 
 
 Should an adjournment be necessary before the depositions are all com- 
 pleted, the commissioner will note the same. 
 
 Care should be taken to attach such depositions, commission, interroga- 
 tories, answers and exhibits FIRMLY together, by means of tape or ribbon, 
 and using wax wafers or eyelets when necessary. 
 
 Descent and Distribution of Property. — The estate of an intestate shall 
 descend and be distributed as follows : If the intestate leave a surviving 
 husband or wile, and childn-n or decendauts of children, one-half shall de- 
 scend to the husband or wife surviving, and the residue to the-children ; if a 
 husband or wife survive, and no child or descendant of any child, then the 
 whole shall descend to the surviving husband or wife, subject to the pay- 
 ment of debts. 
 
 Except as above enumerated, such estate descends as follows : 1st. To the 
 surviving children and descendants of children who are dead, such descen- 
 dants, collectively, taking the share which their parent would have taken if 
 living. 2(1. If there be no children, northcir descendants, then to the father; 
 if there be no father, then to the mother ; if there be no mother, then to the 
 brothers and sisters, and to the descendants of brothers and sisters who are 
 dead, the descendants, collectively, taking the share of their immediate an- 
 cestors in equal parts. 3d. If no children, nor descendants, nor father, 
 mother, brothers, sisters, nor descendants of deceased brothers and sisters, 
 nor husband, nor wife living, tlientothe grandfather, grandmother, uncles, 
 aunts and their descendants, the descendants taking, collectively, the share 
 of their immediate ancestors in equal parts. 4th. If none of the above 
 enumerated relatives be living, then to nearest lineal ancestors and their de- 
 scendants, the descendants, collectively, taking the share of their immediate 
 ancestor in ecjual parts. 
 
 Posthumous children shall inherit in like manner as if born in the lifetime 
 of the intestate ; children and descendants of children, and descendants of 
 children of the half blood, shall inherit the same as those of the whole 
 blood ; collateral relatives of the half blood shall inherit only half the mea- 
 sure of collateral relatives of tlie whole blood. The illegitimate children 
 shall inherit the same as those born in wedlock, if the parents subsequently 
 intermariy and such children be recognized by the father to be his. Divorces 
 of husband and wife do not affect the right of children previously begotten 
 to inherit their projjcrty. 
 
 A widow, residing in this state, shall be allowed one bed and bedding, 
 wearing apparel for self and family, t>ne cow and calf, saddle and briddle, 
 [Col. 12.]
 
 100 COLORADO. 
 
 one horse, household furniture for herself and family, and also the samet 
 a.inount and species of property as is or may be hy law exempt from execu- 
 tion. Said property shall bo retained by the widow, and in no case shall it 
 be subject to the payment of the debts of the deceased. 
 
 Divorce. — Obtained for following causes : 1. Impotency. 2. Another 
 wife or husband living. 3. Adultery. 4. Desertion for one year. 5. De- 
 sertion and departure from state without any intention of returning. 6. Hus- 
 band's failure to support family f(^r one year. 7. Habitual drunkenness for 
 one year. 8. Extreme cruelty. 9. Conviction for felony. Plaintift' must 
 be a resident of state one year before suit commenced, unless offence wa» 
 committed in this state. 
 
 Dower. — (Abolished.) 
 
 Evidence. — No evidence of the contents of a writing, other than the writ- 
 ing itself, shall be given, except in case of loss or destniction of the original ; 
 or when the original is in possession of the adverse party, and he fails to pro- 
 duce it after reasonable notice ; or when it is in possession of a public officer, 
 or has been recorded, and a certified copy is made evidence by statute ; or 
 when the original consists of nu.merous accounts. Judicial records of this 
 state or United States, proved by production of original or certified copy ;. 
 of other states and territories, by attestation of clerk and seal of court, and 
 certificate of judge, according to the act of congress ; of foreign country by 
 like certificates, and certificate of minister, ambassador, or consel of United 
 States, to the effect that there is such a court, specifying the nature of its ju- 
 risdiction, and verifying the signatui-e of the clerk and judge. Printed 
 copies of statutes purporting to be published by authority, are admitted as 
 presumptive evidence of such laws. 
 
 Executions. — May be issued immediately upon entering judgment. They 
 must be issued within one year. May be issued to any county. When issued 
 from a court of record, they are returnable in ninety days ; when from a jus- 
 tices' court, in thirty days. An execution becomes a lien on chattels upon 
 the delivery into the hands of the sheriff, who is required to indorse the date 
 of the receipt of the same. 
 
 The plaintiff may elect as to what property it shall be levied upon, except 
 the land upon which the defendant resides, which shall be last taken in exe- 
 cution. Sale of lands under execution shall be advertised for twenty days. 
 Sale of chattels shall be advertised for ten days. Execution shall be stayed 
 one year, if a defendant die between the time of entry of a judgment, and 
 the issuing of the execution. Upon a sale of land, the sheriff gives a certifi- 
 cate of purchase which is assignable. The defendant, his heirs, executors or 
 grantees, may redeem within six months from the sale. Judgment creditors 
 may redeem after six months, and before nine months. If no redemption, 
 then the sheriff may give a deed to purchaser. 
 
 An execution may issue in another county from a justices' court, provided 
 it shall appear that an execvition has been returned, and personal property 
 has not been found sufficient to satisfy the debt, and it is alleged that the 
 defendant has personal property in another county ; to which execution there 
 shall be a county clerk's certificate that the justice is a justice of the peace 
 in and for said county. 
 
 If the return of an execution to a justice of the peace shows insufficient 
 personal property, and it is desired to have the same levied upon real pro- 
 perty, the justice may certify to the clerk of the district court a transcript, 
 which shall be filed and recorded. Execution may then issue from the dis- 
 trict court as in other cases. (Stay of Executions — An execution cannot 
 issue pending an appeal. 
 
 Exemptions. — A homestead of the value of two thousand dollars, while 
 occui>ied by the owner, or family of the owner, shall be exemjit from any 
 
 [Col. 13.]
 
 COLORADO. 101 
 
 ■execution. To secure this, the word "homesteaiV must be entered in the 
 margin of the record ot" tlie title to the property, signed by the owner ami 
 attested by tlie county clerk. For the head of a family, there shall also be 
 the following exemptions from execution, attachment ordistress : 1st. Family 
 pictures, school books and library ; 2d. A seat or pew in any house or place 
 of jmblic worship ; 3d. The sites of burial of the dead ; 4th. All wearing 
 apparel of the debtor antl family, beds, bedtling used for thedeljtor and family, 
 all stoves, appendages, cooking utensils, and all houseliold furniture, not 
 herein enumerated, of the value of one hundred <lollars ; 5th. Provisions for 
 fuel for six months ; (3th. Tools, implements, or stock in trade of any person 
 kept for the puri)ose of carrying on his trade or business, not exceeding two 
 hundred dollars ; 7th. Library and implements of professional men, of the 
 value of three hundred dollars; 8th. Working animals of the value of two 
 hundred dollars ; Uth. One cov/ and calf, ten sheep, and food for six months ; 
 one farm wagon, cart or dray, one i)low, one harrow, and other farming im- 
 plements, not exceeding fifty dollars in value. 
 
 One not the head of a family shall be allowed, exempt from execution, 
 tools, implements, working animals, books and stock in trade, of the value 
 of three hundred dollars. The above exemptions are not to be construed as 
 making any property exempt from the levy of legally assessed taxes, or ex- 
 empt on attachment or sale on execution for the purchase money. 
 
 The head of a family, or the wife of the head of a family, shall be entitled 
 to hold exempt from any levy under execution, or attachment, or garnish- 
 ment, wages earned during the thirty days next preceding the levy, to the 
 amount of one hundred dollars ; provided the family shall be wholly or iu 
 jjart dependent upon such earnings for support. 
 
 Executors.— (See Wills.) 
 
 False Pretences. — Any person, who, by false representations in writing, 
 of his wealth. resi)onsibility, or mercantile correspondence or cormection, 
 obtains a credit thereby, and defrauds any person of money, etc., or who 
 causes others to report falsely his wealth, responsibility, or mercantile char- 
 acter, and thus obtains goods, etc., shall be deemed a swindle r, and on con- 
 viction shall be sentenced to return the property, and fined not exceeding 
 $iOOO, and imprisoned not exceeding six months, in the county jail. Any per- 
 son convicted of knowingly and designedly, by any false pretences obtaining 
 money, goods, etc., with intent to cheat and defraud, may be fined $1000, and 
 imprisoned one year in penitentiary. This does not api^ly to sales on credit 
 
 Frauds, Statute of. — Every conveyance of land, with intent to defraud 
 prior or subsequent purchasers, for value, is void. Contracts for sale of lands 
 or leases for more than one year, must be in writing, and subscribed by the 
 party or his agent, lawfully authorized, in writing. A verbal lease for one 
 year, to take etfect in the future, has been decided to be valid. All transfers 
 ■of real or personal property for use of grantor void as agaii'st creditors. Fol- 
 lowing agreements void, unless in writing, and subscribed by the party to be 
 ■charged : 1st. When, by its terms, it is not to be performed within one year 
 from making thereof; 2d. Promise to answer for the debt etc. of another ; 
 3d. Agreements upon consideration of marriage, except mutual promises to 
 marry ; 4th. Contracts for sale of chattels, where ])rice equals or exceeds $50, 
 unless part payment or deliveiy is made. Sales of chattels, without delivery 
 and change of possession, conclusively presumed to be fraudulent as against 
 ■creditors or subsequent purchasers, in good faith. Conveyances, and bonds, 
 bills, etc., executed with intent to defraud creditors, void. Any party to such 
 fraudulent transfer, or who shall conceal or secrete, or remove goods with 
 like intent, shall, on conviction, be sentenced to the penitentiary for not ex- 
 •ceediug three years. 
 
 Gamislimeilt. — Whenever an execution has been issued against a defend- 
 ant, and the otticer shall not find property of the defendant, sutlicieut to satisfy 
 ICol. 14.1
 
 102 COLORADO. 
 
 the same, the officer shall, upon the reqiiest of the plaintiff or his attorney,, 
 summon such person or persons as the plaintiff may direct, as garnishees. 
 Judgments against garnisliees may be enforced in the same manner as other 
 judgments are. A judgment against the garnishee shall acquit him from all 
 demands by the defendant for all goods, effects, and credits paid, delivered, 
 or accounted for by the garnishee, by force of such judgment. (See 
 Exemptions.) 
 
 Grace, — (See Notes a?id Bills of Exchange.) 
 
 Homestead. — {See Exemptions. ) 
 
 Insolvent Laws. — {See Assignment.) 
 
 Interest. — There is no usury law. Any rate agreed upon maybe enforced. 
 "When there is no agreement, the rate is ten per centum per annum. Interest- 
 on county warrants and judgments is ten per cent., and on state warrants 
 eight per cent. 
 
 Judgments. — When a judgment is docketed and a transcript filed with the 
 recorder of the county, it becomes a lien upon the real property of the judg- 
 ment debtor, not exempt from execution. The lien continues for six years 
 from the date of entry of judgment, unless previously satisfied. A transcriitt 
 may be filed in any other county, and a lien created. When the action is 
 against two or more defendants jointly indebted on a contract, and the sum- 
 mons is served on one or more, but not on all of them, he may p'roceed 
 against defendant sei'ved, and if judgment be recovered, it may be entered 
 against all the defendants thus jointly indebted so far only as to be enforced 
 against the joint property of all, and the separate property of the defendants 
 served. 
 
 A judgment by confession may be entered without action either for money 
 due or to become due, or to secure any person against contingent liabilities 
 on behalf of the defendant, or both. A statement in writing must be made 
 and signed by the defendant, and verified by his oath, autiiorizing, 1st, — 
 the entiy of judgment for a specified sum. If for money due or to become 
 due, it must state, 2d, — the facts oat of which the debt arose, and show 
 that the sum confessed is justly due or to become due. 3d, — if the con- 
 fession is for the purpose of securing the plaintiff, it must .state the facts con- 
 stituting the lial)ility, and show that the sum confessed does not exceed that, 
 liability. The statement shall be filed with the clerk of the court in which 
 judgment is to be entered, wlio enters the judgment in the judgment bo(»k. 
 
 •Judgment by default, if tl.ie defendan't fails to answer, may be entered by 
 the clerk, in actions upon C(nitract, for the recovery of money or damages. 
 In oth.er actions, if no answer, demurrer, or motion has been tiled, the clerk 
 may enter default, and the plaintiff api>ly to the court for the relief deinaiuled. 
 It is not necessary to state facts conferring jurisdiction, in pleadmg a judg- 
 ment. 
 
 Judgment may be entered in term time or vacation. It may be entered 
 upon the report of a referee. Judgments may be revived upon filing a peti- 
 tion, in the action, alleging the time judgment was rendered, that it remains 
 unsatisfied, stating the amount it is claimed that the judgment should re- 
 vive for. Thereupon the <^lerk issiies an order to show cause why the judg- 
 ment should not revive. Issue may be joined, and the court may order a 
 revival. Judgments are rendered in foi'eclosure suits for balance due. 
 
 Landlord and Tenant. — Tenant guilty of unlawful detention in the fol- 
 lowing cases : When he liolds over after the expiration of his term ; when 
 beholds over after default in payment of rent, after three days' notice in 
 writing, demanding in tiie alternative i)ayment of the rent^or possession of 
 the premises ; when he holds over contrary to any covenant of the lease and 
 three days' notice requiring the delivery of the possession of the premises has. 
 
 [Col. 15.1
 
 COLORADO. lOS 
 
 been given ; when the prnpeity was sold under trust deed or mortgage, re- 
 corded prior to execution of lease ; or under decree of court and term of re- 
 demption has expired ; in such case, tenant may be ousted by summary pro- 
 ceedings brought in a justices' or other competent court. Tenancy from 
 year ti> year, terminated by written notice to <iuit, served three months 
 before the end of the year ; six months' tenancy, one month's not ice ; monthly 
 tenancy, ten days' notice ; tenancy at will, three days' notice. No notice nec- 
 essary where tenn ends by contract at a time certain. 
 
 Leases. — (See Statute of Fravds, Deed, Landlord and Tenant.) 
 
 License. — No auctioneer, peddler, etc., can sell goods at public or private 
 sale without having first obtained a license from the board of county com- 
 missioners. All retailers, except those paying an annual- tax on merchandise, 
 are required to have a license, and excejit those who manufacture or raise 
 themselves, in this state, the connnodities sold by them. Persons entering 
 into the marriage state must first obtain a license frtmi the county clerk. 
 
 Liens. — The following statutory liens are allowed on personal property, 
 viz. : ranchmen, farmers, tavern and livery stable keepers and others on 
 horses, cattle, etc., for pasturing and feeding when the stock is entrusted to 
 their care for such purpose. The stock may be retained until amount due is 
 l)aid ; every hotel, tavern, boarding housekeeper and person who rents fur- 
 nisheil rooms shall liave a lien on baggage of patrons, boarders, and guests 
 for any amount due for board or rent. Possessit)n may be retained until the 
 amount be paid : Common carriers and warehousemen have a lien for trans- 
 l)ortati()n and storage : Mechanics or other persons bestowing labor on per- 
 sonal i)roperty or for material furnished for the making of the same have a 
 lien on such articles. If the claim is not paid in thirty days after it is due, 
 a justice of the peace shall appoint appraisers, and then, u^Jon ten days' no- 
 tice, the goods may be sold. All costs and the claim shall first be paid — the 
 residue going to the owner. The lien is no bar to an action for (Charges or 
 any residue. 
 
 (Lien of builders anil material men.) 
 
 A lien is allowed forwork done or materials furnished by contract, express 
 or implied, with the owner of any land, to any amount for any work upon 
 any structure upon the land or for any work upon the land. This applies to all 
 persons doing work or furnishing material for any railroad, tramway, wagon 
 road, toll road, canal, bridge, wharl', Avater ditch, flume, aqueduct, reservoir 
 or mi)U'. Claimant must file a sworn statement of the claim in the office of 
 the county clerk and recorder of the county where the land is located, which 
 shall state — 1st. Intention to hold and claim a lien. 2d. A description of 
 the i)roi)erty to be charged. 3d. An abstractof the indebtedness. An action 
 to enforce tiie lion must be commenced in six mouths after filing the state- 
 ment, otherwise the lien will be of no avail. Liens shall rank as follows : 
 1st. Sub-contractors in the second degree. 2d. Sub-contractors in the first 
 degree. 3d. The original contractors. 
 
 Limitations. — xVctions founded upon contract, express or implied, upon 
 judgments of courts not of record : for rent ; for waste and trespass on land; 
 for taking, detaining or injuring goods or chattels, must be begun within six 
 years after the cause of action shall accrue. Actions for assault and bat- 
 tery, for false imprisonment, for slander, for libel, and actions against sherifis 
 and coroners, for misfeasance or nonfeasance (except for escapes) within one 
 year after cause of action accrued. Action against sheriffs or other officers 
 for the escape of persons imprisoned on civil process, shall be connnenced 
 within six months from the time of such escape. All personal actions, on 
 any contract not limited by the foregoing sections, or by any other law, in 
 this state, shall be brought within three years after the accruing of the cause 
 of action. 
 [Col. Ifi.]
 
 104 COLORADO. 
 
 On an account current, the cause of action accrues at time of the last item 
 proved. Bills for relief on the ground of fraud must be tiled within three 
 years after discovering the fraud ; in case of a trust not cognizable by courts 
 of common law, within tive years after cause shall accrue. 
 
 Persons under the age of twenty-one years, married women, persons insane, 
 imprisoned, or absent from the United States, may bring any of the above 
 actions, within the times respectively limited, after the disability of such in- 
 fancy, coverture, imprisonment, or absence is removed. 
 
 It shall be lawful for any person against whom any action shall be com- 
 menced, in any court of this state, where the cause of action accrued without 
 the state, upon a contract or agreement, express or imijlied, or vipon any 
 sealed instrument in writing, or judgment or decree of any court, more than 
 six years before the commencement of the action, to plead the same and give 
 the same in bar of the plaintiff's right of action. 
 
 An executor or administrator may commence action to recover demands 
 •due decedents one year after the granting of letters, testamentary or of ad- 
 sninistration, if the decedent died before the expiration of the limitation, 
 although barred at the date of the issuing of the letters. 
 
 In case of abatement of an action begun within the period of limitation, a 
 new action may be begun in one year thereafter. The new promise of one 
 co-obligor will not render the others lial)le upon such promise. The effect of 
 payment by defendant is not impaired, but no indorsement of such payment 
 by or on behalf of the plahitift' shall be deemed sufficient proof of such pay- 
 ment. Payment by one co-obligor will not take the case out of the statute as 
 to the others. 
 
 Limited Partnerships. — May be foi-med, but general partners only may 
 bind the firm, a certificate must be signed, acknowledged and filed and re- 
 corded in the county where the principal business is to be carried on, stating 
 the name of the firm, nature of the business, names of general and special 
 l)artners, amount of capital stock, and term of existence. And an affidavit 
 ■of the special partners must be filed at the same time, stating actual amount 
 of cash or property contributed. A notice setting forth the terms of the 
 liartnershi}), amount of capital of special partner, etc., must be published in 
 a news^iaper of the county for fourweeks, immediately after filing certificate. 
 Public notice of dissolution must be given for four weeks. A married woman 
 may become a special partner, and make contracts with her husband and 
 testify for or against him as if sole in res^iect thereto. 
 
 Married Women. — A married woman may transact business the same as 
 if sole ; may dispose of her personal and real estate, or make any contract 
 in relation to the same without her husband's consent, and may sue and be 
 sued as if sole, and may convey her real estate without her husband joining 
 in the deed with her ; and her acknowledgment to such deed may be taken 
 in the same manner as her husband's. Executions may issue against her 
 property on judgments obtained against her. Her separate property accjuired 
 by her, or left to her by will before or after marriage is not bound for her 
 luisband's debts. She can make contracts in her own name, buy goods', give 
 note.s in settlement of purchasers, can do any business the same as if sole and 
 bind her own sei)arate property, real and personal. She may marry at the 
 age of eighteen without the consent of parents or guardian. She may choose 
 lier own guardian at the age of fourteen years if her father be dead. The 
 minority of females ceases at the age of eighteen years. 
 
 A married woman acting under the coercion of her husband cannot beheld 
 criminally liable ; the husband shall be prosecuted as principal. If a mar- 
 ried woman be named as executrix, it is necessary for her husband, with two 
 sufficient sureties, to give a bond for her faithful performance. 
 
 Under the limited i)artnership act a married woman may become a special 
 partner with her hu.sband or other person and as suclnnay contract as a 
 /emme sole, and in all suits arising out of such partnership she shall be a 
 
 [Col. 17.]
 
 COLORADO. 105 
 
 witness for or against her liusband, the same as though femme sole. A mar- 
 ried ■woman cannot l>cqneatli away from her husband more tlian one-half of 
 lier property, real and personal, without his consent in writing, and if any 
 married man shall deprive his wife of over one-half of his property by will 
 it shall be optional with such married woman, after death of her husband, to 
 accept the will or one-half of his whole estate, (See Deed.) 
 
 Mechanics' Liens.— (&<? Liens.) 
 
 Minors. — (See Willg.) — ]May begin suit by their next friend, who shall give 
 bond lor costs. 
 
 Mortgages. — There is no statutory provision as to mortgages, except as to 
 the manner ol' ibreclosure and redemption from sale thereunder. Trust deeds 
 are used more than mortgages. Entry of satisfaction or receipt on mortgage 
 or record thereof, operates as a release and reconveyance of title. Trust 
 deeds are released by a release deed. (See Redemption.) 
 
 Form of Real Estate Mortgafje. 
 Know all men by these presents : 
 
 That I, hereby mortgage to to secure the payment o^ dol- 
 lars, due as follows : the following described real property, situated 
 
 in county. State of Colorado, to-wit : (insert description) with the ap- 
 purtenances [and warrant the title to the same]. 
 
 Signed and delivered this day of 188 — . 
 
 ( Signature. ) . 
 
 Notes and Bills of Exchange. — Promissory notes, bills, and other instru- 
 ments in writing may be made for the payment of personal projjerty or 
 money, and are negotiable by endorsement. The assignee must use due dili- 
 gence against the maker before he can make the assignor liable, except where 
 the institution of a suit against the maker would be unavailing, or where 
 the maker has absconded or left the state. Mercantile law governs bills of 
 exchange ; but the statutes of this state provide that upon foreign bills of 
 exchange, and bills drawn by any person or body out of this state, but within 
 the United States and territories, duly protested, there may be collected ten 
 l)er cent, damages besides interest, costs and charges of protest. The usual 
 three days' grace is allowed upon promissory notes, bills of exchange, etc., 
 except on drafts payable at sight and checks for funds deposited subject to 
 draft at sight. If a note is assigned after maturity, the maker is allowed the 
 same defense against the assignee as against the payee, and in case of assign- 
 ment before maturity, the maker may show in defence, payments to payee 
 1)efore assigmnent, of which assignee had notice. Failure in whole or in 
 part, or want of consideration, or fraud, cannot be set up against a bona fide 
 assignee before maturity. Persons jointly or severally liable upon the same 
 obligation, including the parties to bills of exchange and "promissory notes, 
 and sureties on the same or separate instrument may all. or any of them, be 
 included in the same action. Actions upon notes and bills are to be brought 
 in the county where the same are made payable. For all purposes whatsoever 
 regarding the presenting for payment or acceptance and the protesting, and 
 giving notice of the dishonor of bills of exchange, bank checks and promis- 
 sory notes, the 1st of January, the 23d of February, the 30th of May, the 
 4tli of July, the 25th of December, and any day appointed or recommended 
 by the governor of this state or the President of the United States as a day 
 of fasting and prayer, or thanksgiving, shall be treated and considered, as is 
 the first day of the week, commonly called Sunday. But if any of the said 
 holidays shall fall upon Sunday, then the Monday following shall be con- 
 sidered as the holiday, and all notes, bills, etc., or other evidence of indebt- 
 edness falling due or maturing on either of said days, shall be deemed as 
 «due or having matured on the day previous to the first of said days. 
 
 Foreign notes and bills of exchange must be protested. 
 
 Domestic notes and bills need not be protested to hold endorser liable. 
 [Col. 18.]
 
 106 COLORADO. 
 
 Oaths and Afl3.d.avits. — Every judge or clerk of any court, justice of the; 
 peace, notary public, county clerk, and officer authorized to take testimony 
 or decide upon evidence, may administer oaths. Witnesses shall swear virith 
 the hand uplifted, "by the everliving God." Witnesses may affirm or de- 
 clare, if they so desire. — (See Affidavits.) 
 
 Partnerships. — (See Limited Partnerships.') — Surviving partner must 
 make inventory anil render an accounting to the county court. 
 
 Practice. — The civil practice is regulated by a code of civil procedure. 
 The criminal practice by a criminal code, incorporated in the general laws. 
 
 Proof of Claims. — (See Administration.) 
 
 Recording. — All deeds, mortgages, etc., must be recorded in the county 
 where property is situated. Transcript of judgment must be filed in re- 
 corder's office in order to be a lieu on property. County clerk is ex-officia 
 recorder. 
 
 Redemption. — Real estate sold under execution may be redeemed by the 
 defendant, iiis heirs, executoi's, administrators, or grantees, at any time 
 within six months from the day of sale. After the expiration of six montlis, 
 and within nine mouths, from the day of such sale, judgment creditors may 
 redeem such real estate. The same time is given for the redemption of 
 mortgaged real estate sold under the decree of court. Lands sold by a trus- 
 tee under the deed of trust are not redeemable. 
 
 Replevin. — Action of, may be commenced, where party claims property" 
 or possession thereof, on filing bond and affidavit. .Justices' courts have 
 jurisdiction where value of property does not exceed $300. 
 
 Revivor. — ( See Limitatlo n . ) 
 
 Stay of Execution. — (See Execution.) 
 
 Supplementary Proceedings. — When an execution against property of 
 the judgment debtor or any of several judgment debtors in the same judg- 
 ment issued to the sheriff of the county, where he resides, or if he does not 
 reside in the state, to the sheriff of the county where the judgment roll is 
 filed, is returned unsatisfied in whole or in part, the judgment creditor, at 
 any time after such return is made shall be entitled to an order from the 
 judge of the court or the county judge, re<iuiring such judgment debtor to 
 appear and answer concerning his property, before such judge or referee, 
 appointed by hin\ at a time and place specified in the order, but no judgment 
 debtor shall be recpiiredto attend before a judge or referee out of the county 
 in which he resides. After issuing an execution against property and upon 
 proof by affidavit by a party, or otherwise, to the satisfaction of the court 
 or judge thereof, that auy judgment debtor has property which he unjustly 
 refuses to apply to the satisfaction of the judgment, such court or judge 
 may, by an order, require the judgment debtor to appear at a specified time 
 and place before such judge or leferee, appointed by liim, to answer con- 
 cerning the same, and such proceedings may thereupon be had for the appli- 
 cation of the property of the judgment debtor toward the satisfaction of the 
 judgment as are provided upon the return of an execution. 
 
 When execution is returned, unsatisfied, judgment debtor may be required 
 to answer under oath touching his property, and if it appears by affidavit 
 that there is danger of his absconding, he may be arrested and held to bail. 
 
 Instead of the order requiring the attendan(;e of the judgment debtor, the 
 judge may, upon affidavit of the judgment creditor, his agent or attorney, if 
 it appear to him that there is danger of the debtor absconding, order the 
 
 [Col. li).J
 
 COLORADO. 107 
 
 sheriflf to arrest the debtor ami bring him before the judge. On beiiij; 
 brought before the judge, he may be ordered to enter into an undertaking 
 with surety that he will attend from time to time, before the judge or referei;, 
 as shall be directed during the pendency of the proceedings, and until the 
 final determination ; and will not, in the meantime, dispose of any portion of 
 his property, not exempt from execution. In default of entering into such 
 undertaking, he may be committed to prison. After the issuing of an exe- 
 cution against property, any person indebted to the judgment debtor, may 
 pay to the sheriff, the amount of his debt, or so much thereof as may be 
 necessary to satisfy the execution. And the sherifi"s receipt shall be a suffi- 
 cient discharge for the amount so paid. If it appear that a person or corpora- 
 tion alleged to have property of the judgment debtor, or intlebted to him, 
 claim an interest in the property adverse to him, or denies the debt, the court 
 or judge may authorize, by order, the judgment creditor to institute an ac- 
 tion against such person or corporation for the recovery of such interest or 
 debt, until au action can be commenced and prosecuted to judgment. 
 
 Trust Deeds. — Are generally used instead of mortgages. They contain 
 powers of sale at a })ublie auction by the trustee or successor for default in 
 payment of principal or interest, or breach of any covenants. There is no 
 redemption. 
 
 Wills. — Every person aged twenty-one years, if a male, or eighteen years, 
 if a female, not married, bjing of sound mind and memory, may dispose of 
 his or her property, by will, subject to the payment of his or her debts. (See 
 married women.) Personal estate may be disposed of by will or testament, 
 at the age of seventeen. All wills devising lauds, tenements, hereditaments, 
 annuities or rents, must be reduced to writing, and signed by the testator or 
 testatrix, or by some one in his or her presence, and by his or her direction, 
 and attested by at least two credible witnesses, in the presence of such tes- 
 tator or testatrix. AVills are recorded in the county courts out of which let- 
 ters testamentary or of administration issue, and also with the recorder of 
 each county where decedent owned real estate. 
 
 Executors entitled to letters testamentary. Executors shall cause will to 
 be probated. Unless otherwise directed by the testator, and executor shall 
 enter into bonds in double the value of the personal estate, together with the 
 rents and issues of the real estate. 
 
 Witnesses. — A party to a suit shall not be allowed to testify of his own 
 mt)tion, where the adverse party sues or defends as trustee, conservator, exe- 
 cutor, administrator, heir or guardian. Except as to facts occurring after 
 the death of such deceased person, and except when any agent of the de- 
 ceased, or the adverse party, or a witness on his behalf, testifies to any con- 
 versations or transactions, or the depositions of deceased is read in evidence. 
 Persons of unsound mind, or children under ten years of age, incapable of 
 receiving just impressions, shall not testify. Husband or wife shall not 
 testify against the other, except in a civil action by one against the other, or 
 a criminal action for a crime committed by one against the other ; nor an at- 
 torney against client ; nor a clergyman or priest as 1o any confession under 
 him, in his professional character ; nor a physician or surgeon against hi.s. 
 patient, withoiit consent ; uor a public officer as to communications made iin 
 official coutideuce. 
 
 rCol. 20.]
 
 !108 
 
 COLORADO. 
 
 ATTORNEYS IN COLORADO. 
 
 Bold Face Type denotes county seats. A dash (— ) less than 100 population. 
 Figures after names when admitted to the Bar. A star (*) Notaries Public. 
 A double dagger (J) our Compiler of Laws. 
 A dagger (f) former recommendations withdrawn. 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OP ATTORNEYS. 
 
 rOPULA'N 
 
 Alamosa 
 
 Conejos 
 
 A. W. Mclntyre. 
 
 802 
 
 Alma 
 
 Park 
 
 G. L. Horine. 
 
 700 
 
 Aspen 
 
 Pitkin 
 
 W. W. COOLEY. '83 
 
 5,000 
 
 Bonanza 
 
 Bagauclie 
 
 J. M. Denny, 
 
 1,500 
 
 Boulder 
 
 Boulder 
 
 R. H. Whiteley 
 
 4,120 
 
 Breckenridge 
 
 Summit 
 
 S. Jones. 
 
 1,G57 
 
 Buena Vista 
 
 Chaftee 
 
 C. S.- Libby. 
 
 2,141 
 
 Canon City 
 
 Fremont 
 
 Charles E. Waldo. 
 
 2,500 
 
 Castle Eock 
 
 Douglas 
 
 William Dillon. 
 
 388 
 
 Central City 
 
 Gilpin 
 
 C. AVithrow. 
 
 2,626 
 
 Coal Creek 
 
 Fremont 
 
 R. W. Singleton. 
 
 701 
 
 Colorado Springs 
 
 El Raso 
 
 T. A. McMorris. 
 
 6,526 
 
 Co mo 
 
 Park 
 
 W. L. MALPUSS. '84 
 
 500 
 
 Conejos 
 
 Conejos 
 
 R. K. Brown. 
 
 339 
 
 Crested Butte 
 
 Gunnison 
 
 M. F. Styles. 
 
 900 
 
 Del Norte 
 
 Rio Grande 
 
 W. M. Maguire. 
 
 1,300 
 
 Delta 
 
 Delta 
 
 S. S. Shernan. 
 
 200 
 
 Denver. Arapaho County. Population, 80,000. 
 
 t Uflford, Reddin & Van Buren, 1518 Larimer St. 
 Uttbrd, M. F. 
 
 * Reddin, John II. 
 
 * Van Buren, M. 
 
 See Card in Appendix , page iii. 
 
 Baxter, '76 Joseph N., Notary Public, 40 & 42 King Block. 
 Brazee, '53 Hon. Andrew W., 1540 Champa St. 
 Horner, '68 J. W., Times Building. 
 Witter '62 Daniel, 1713 Larimer St., 
 Practice before Land .Offices and General Lcuid Office a specialty. 
 \ Gordon & Kegan. 
 
 f Harvey & Richardson, Barclay Block, 
 f Van Buren & Van Buren, 372 Larimer St. 
 
 Durango 
 
 La Plata 
 
 Charles D. Wright. 
 
 3,000 
 
 Erie 
 
 Weld 
 
 E. A. Tliompson. 
 
 358 
 
 Tairplay 
 
 Park 
 
 Bailey & Wilkin. 
 
 450 
 
 Port Collins 
 
 Larimer 
 
 GEORGE W. BAILEY. '84 2,800 
 
 Georgetown 
 
 Clear Creek 
 
 R. S. jVIorrison. 
 
 3,301 
 
 Glenwood Springs 
 
 Garfield 
 
 Hon. T. L. Hodges. 
 
 — 
 
 Golden 
 
 Jetterson 
 
 W. A. Dier. 
 
 2,731 
 
 Gothic 
 
 Gunnison 
 
 C. J. S. Hoover, 
 
 949 
 
 Greeley 
 
 AVeld 
 
 J. E. Garrignes. 
 
 2,000
 
 
 COLOllADO. 
 
 109' 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. 
 
 rOPULA'N. 
 
 Gunnison 
 
 Gunnison 
 
 D. T. Sapp. 
 
 S,500 
 
 Idaho Si)rings 
 
 Clear Creek 
 
 Fillius &: Bullis. 
 
 2,000 
 
 Kiowa 
 
 Elbert 
 
 L. Itamsey. 
 
 113 
 
 Lake City 
 
 Hhidstlale 
 
 Charles ^IcDougall. 
 
 1,95a 
 
 La Junta 
 
 Bent 
 
 J. C. Denny. 
 
 759 
 
 La Veta 
 
 Huerfano 
 
 D. :\[i-Kaskil. 
 
 365 
 
 Leadville 
 
 Lake 
 
 S. J. IIANXA. '65 
 
 14,820 
 
 Loveland 
 
 Larimer 
 
 A. JL Nicholas. 
 
 1,000 
 
 Montezuma 
 
 Summit 
 
 J. W. Swisher 
 
 250 
 
 Montrose 
 
 Montrose 
 
 S. H. Baker. 
 
 875 
 
 ()univ 
 
 Ouray- 
 
 Storey & Stevens. 
 
 1,500 
 
 Pitkin 
 
 Gunnison 
 
 J. F. Drexelius. 
 
 1,891 
 
 Pueblo 
 
 Pueblo 
 
 Charles E. Gast. 
 
 8,000 
 
 Red Cliff 
 
 Eagle 
 
 Hon. P. F. Quinu. 
 
 1,000 
 
 Rico 
 
 Dolores 
 
 J. Thompson. 
 
 894 
 
 Kobinson 
 
 Summit 
 
 See Leadville. 
 
 1,000 
 
 Rosita 
 
 Custer 
 
 M. M. Kellogg. 
 
 1,008 
 
 St. Elmo 
 
 CJhaffee 
 
 R. M. Cash. 
 
 500 
 
 Salida 
 
 Chaliee 
 
 R. H. Hagan. 
 
 3,100 
 
 Silver Cliff 
 
 Custer 
 
 J. R. Smith. 
 
 4,560 
 
 Silverton 
 
 San Juan 
 
 A. M. Jackson. '53 
 
 1,500 
 
 South Pueblo 
 
 Pueblo 
 
 Salisbury & Elwell. 
 
 5,000 
 
 Storlino- 
 
 Weld 
 
 C. L. Allen. 
 
 225 
 
 Telluride 
 
 San Miguel 
 
 W. H. Gabbert. 
 
 750 
 
 Tin Cup 
 
 Gunnison 
 
 W. S. Uhren. 
 
 450 
 
 Trinidad 
 
 Las Animas 
 
 Wallace & McChesney. 
 
 3,300 
 
 Walsenburg 
 
 Huerfano 
 
 C. D. Heudren. 
 
 377 
 
 West Clifle 
 
 Custer 
 
 J. R. Smith. 
 
 300' 
 
 West Las Aninn 
 
 «s Bent 
 
 John AV. Jay. 
 
 450.
 
 110 
 
 COLORADO. 
 
 BANKS IN COLORADO. 
 
 'Giving the name of town, banli and cashier, and amount of paid-up capital of one 
 feank in each county of this Territory in wliich such a banliing institution is located. 
 
 PLACE. 
 
 Akron 
 
 Alamosa 
 
 Aspen 
 
 Boulder 
 
 Buena Vista 
 
 Canon City 
 
 Crested Butte 
 
 C'entral City 
 
 (/olorado Sp'gs 
 
 Del Norte 
 
 Delta 
 
 Denver 
 
 Denver Junc"u 
 
 Durango 
 
 Fairplay 
 
 Foi-t Collins 
 
 Georgetown 
 
 Olenwood Sp^s 
 
 Oolden 
 
 Grand Junction 
 
 Granada 
 
 (ireeley 
 
 Gunnison 
 
 Idalioe Springs 
 
 •Tulesburg 
 
 La, Junta 
 
 Lamar 
 
 Leadvillc 
 
 Longmont 
 
 Loveland 
 
 Monte Vista 
 
 Otis 
 
 Pueblo 
 
 Rico 
 
 Saguache 
 
 Salida 
 
 Soutli Pueblo 
 
 Telluride 
 
 Trinidad 
 
 Westclifte 
 
 NAME OP BANK. 
 
 Bank of Akron 
 First National Bank 
 
 Boulder National Bank 
 Bank of Buena Vista 
 Fremont County Bank 
 Bank of Crested Butte 
 First National Bank 
 El Paso County Bank 
 Bank of Del Norte 
 Delta County Bank 
 City National Bank 
 Bank of Denver Junction 
 First National Bank 
 llathaway's Bank 
 First National Bank 
 Bank of Georgetown 
 Geo. Arthvir Rice & Co 
 Jefferson County Bank 
 Mesa County Bank 
 Granada Exchange Bank 
 First National Bank 
 
 Citizens Bank 
 
 Bank of Commerce 
 
 Bank of Lamar 
 
 Carbonate Bank 
 
 First National Bank 
 
 Bank of Lovehvnd. 
 
 Bank of Monte Vista 
 
 First Bank of Otis 
 
 First National Bank 
 
 Davis, Matthews & Webb 
 
 Saguache County Bank 
 
 Continental Divide Bank 
 
 South Pueblf> National Bank Delos L 
 
 San Miguel Valley Bank 
 
 First National Bank 
 
 Morton, E., Po.st & Co. 
 
 
 PAID UP 
 
 CASHIER. 
 
 CAPITAL. 
 
 R. n. Northcott. 
 
 
 II. I. Ross. 
 
 $ 50,000 
 
 Theo. G. Lyster. 
 
 50,000 
 
 Cliarles. L. Spencer. 
 
 50,000 
 
 R. W. Hockaday. 
 
 20,000 
 
 R. S. Lewis. 
 
 
 Metzler Bros. 
 
 
 F. H. Messinger. 
 
 50,000 
 
 Wm. S. Jackson. 
 
 100,000 
 
 F. B. Crocker, Asst. 
 
 16,000 
 
 John R. Hanna. 
 
 200,000 
 
 (). Liddle. 
 
 30,000 
 
 Alfred P. Camp. 
 
 50,000 
 
 Thomas H. Sheldon. 
 
 15,000 
 
 H. C. Wheeler. 
 
 50,000 
 
 Henry Seifried. 
 
 30,000 
 
 
 20.000 
 
 L. Harrison. 
 
 30,000 
 
 W. A. Marsh, Asst. 
 
 25,000 
 
 Thomas Doak. 
 
 
 B. D. Harper. 
 
 100,000 
 
 E. P. Shaw. 
 
 50,000 
 
 Geo. E. McClelland. 
 
 50,000 
 
 L. E. Loveland. 
 
 35,000 
 
 L. Hayes. 
 
 
 A. V. Scott. 
 
 25,000 
 
 John C. Mitchell. 
 
 100,000 
 
 E. White. 
 
 50,000 
 
 C. L. Smith. 
 
 30,000 
 
 R. B. Wallace. 
 
 30,000 
 
 J. Denholm. 
 
 10,000 
 
 M. D. Thatcher. 
 
 100,000 
 
 E. L. Davis. 
 
 25,000 
 
 Chailes Tarbell. 
 
 30,000 
 
 L. W. Craig. 
 
 12,500 
 
 : Delos L. Holden. 
 
 50,000 
 
 W. E. Wheeler. 
 
 30,000 
 
 H. J. Alexander. 
 
 50,000 
 
 Wm. M. Bell. 
 
 40,000
 
 STATE OF 
 
 CONNKCXICUT. 
 
 SUMMARY OV 
 
 Collection Laws. 
 
 Court Calkndak. Instuuctions kou taking Depositions, Lkgai- Foums, Etc. 
 ExPRKSsi.v Prkpakei) and Reviseu to Nov. 1st, 18«7, fou "Showek-s" 
 LF;GAr, DiKEcroKY and Merchants' Gitioe," kou 1S8S. by 
 \Vm. A1.VIN Wright, of the New Haven Bar. 
 
 Acknowledgments. — (See Deeds.) 
 
 Actions. — Process in civil actions is by summons or attachment. Any ac- 
 tion may bo commenced by a foreign attacliment. Tlie writ describes the 
 jiarties and the court; mentions tlie timeand place of appearance ; is accom- 
 panied with a declaration called a complaint, and is signed by a justice of the 
 peace, commissioner of the superior court, or a judge or clerk of the court to 
 which it is returnable. The action is not deemed to be commenced until ser- 
 vice is made upon the defendant, but the initiatory steps of an attachment 
 may be taken before such service. 
 
 Administration. — Administration of the estate of any person shall not be 
 granted, nor shall the will of any person be admitted to probate, after ten 
 years from his decease, unless this court of probate, upon written i)etition 
 and after public notice, shall find that administration ought to be granted, or 
 that said will should be admitted to ])rol)ate. 
 
 In all cases where a person has died leaving estate which is not known to 
 those interested in the same, within the time above limited, but is discovered 
 ufterwards, administration may be granted withinone year after its discovery. 
 
 Affidavits. — In ex parte cases, the affidavit of a person residing in other 
 state, may be used in judicial proceedings, and should be sworn to before a 
 notary public or conimissioner for Connecticut, or it may be sworn to before 
 any magistrate authorized to administer oaths, and in the latter case a certi- 
 ficate of a clerk of a court of record of common law jurisdiction, with the 
 seal of suc^h clerk, that such magistrate is authorized to administer oaths, 
 should be appended. Affidavits are not required on civil process to procure 
 attachment, by arrest, garnishment, or otherwise. 
 
 Aliens. — Xon-resident aliens can hold and transmit land for mining and 
 quarrying puri)oses only. 
 
 Appeals. — Appeals may be taken from the judgment of justices' courts to 
 the court of common ])leas, in counties where such courts are established, 
 and in other counties to the superior or district courts. From the probate 
 and city courts, ajipeals are taken to the superior court of the county. Ap- 
 peals from the superior, common pleas and district courts are allowed to the 
 supreme court for the revision of errors of law only. 
 
 I Conn. 1.]
 
 112 CO^sXECTICUT. 
 
 Arrest. — Persons may be arrested for fraud. 
 
 Assignments. — {See Insolvent Laws and Assignments.) 
 
 Attachment. — Attachment of debtor's property can not be had before debt 
 is due. An attachment is served by attaching the goods or lands of tlie de- 
 fendant, or, if no goods can be found, by attacliing tlie person, wlien liable 
 to attachment. If tlie plaintiff is irresponsible, or a non-resident, a bond for 
 costs is required from some substantial inhabitant of this state. This bond 
 is simply to enable the defendant to collect his taxable costs in case he suc- 
 ceeds in the suit. No bond is required to indemnify the defendant for dam- 
 ages which he may suffer by reason of the attachmeht. Goods concealed iu 
 the hands of agents, so that they can not be attached, or debts due from any 
 person, are attachable by process of foreign attachment. Attachments hold 
 until the execution is levied, provided the execution be levied within sixty 
 days after final judgment, when personal estate is attached, and within four 
 months when real estate is attached. Where several attachments of the same 
 projierty ai'e made, the debts and costs of suit of the first attaching creditor 
 must first be fully satisfied, and subsequent attaching creditors in the order 
 of their several attachments. No assignment of future earnings can prevent 
 their attachment, when earned, unless made to secure a bona fide debt, the 
 amount of which is therein stated, and the term definitely limited ; nor unless 
 recorded in the town clerk's office, and a copy thereof left with the employer. 
 
 Bills of Exchange and Promissory Notes.— (-See Notes and Bills.) 
 
 Chattel Mortgages. — The owner of machinery, engines, or implements, 
 situated and used in any manufacturing or mechanical establishment, the 
 owner of any presses, types, cases, stereotype plates, or copper plates per- 
 taining to a printing establishinent, the occupant of a dwelling-house having 
 a family, and having household furniture used by him in housekeeping, or 
 the owner of hay deposited in a building, or tobacco in the leaf, or the owner 
 of any piano, organ or melodeon, or of any musical instrument used by an 
 orchestra or band, may mortgage such machinery engines, implements, 
 presses, types, cases, stereotype or copper i)lates, furniture, hay, tobacco, 
 piano, organ, melodeon, or musical instrument, provided the deed of mort- 
 gage be executed, acknowledged and recorded in all respects as mortgages of 
 land are required to be ; and such mortgage will be good, although the mort- 
 gagor shall retain possession of the mortgaged property ; and upon breach of 
 condition, may be foreclosed by sale by order of court. The above provi- 
 sions extend to mortgages executed by hotel-keepers of furniture, fixtures, 
 and other personal chattels contained and used in the hotels occupied by them, 
 or employed iu connection therewith. To be good against third parties, mort- 
 gages must be recorded within a reasonable time in the town clerk's office. 
 
 Form of Mortgage of Personal Property. 
 
 Know all men by these 2'>resents, That , of , in the county of , 
 
 and state of Connecticut, for the consideration of dollars, received to 
 
 , full satisfaction of , do hereby bargain, sell, transfer, and convey 
 
 imto the said , the following articles of property : (here describe prop- 
 erty. 
 
 To have and to hold the same to the said , executor — , adminis- 
 trator — , and assign — forever, to and wn proper use and behoof ;. 
 
 And , the said , for — sel — , heirs, executor — and administrator — , 
 
 covenant and agree with the said to warrant and defend the said goods 
 
 to , the said , against all persons whatever. 
 
 The condition of tins deed is such, That whereas tlie said grantor—, , 
 
 justly indebted to the said grantee in the sum of dollars, as evidenced by 
 
 ' promissory note— of even date herewith, payable to the said grantee or 
 
 order, with interest . 
 
 [Conn. 2.]
 
 CONNECTICUT. 113 
 
 Now, therefore. If said nute — shall be ■well and truly paid accordino: to 
 its tenor, then this deed shall be void, otherwise to remain in full foiee and 
 edect. 
 
 In icitness wliereof, have hei-eunto set hand — and seal — , this 
 
 (lay of - — , in the year of our Lord one thousand eight hundred and 
 
 Signed, sealed an<l delivered in the j^resence of ? [r.. s.] 
 
 !>*■'• [L. S.] 
 
 Statk op Connecticut, "1 „„ » t^ ..o 
 
 County OP . }''■ A. D. 18-. 
 
 Personally apjieared , sig-ner — and sealer — of the foregoinjr instru- 
 ment, and acknowledged the same to be free act and deed, before me. 
 
 , Justice of the Peace. 
 
 Claims against Decedents' Estate^.— Six months are usually allowed for 
 
 the i>resentationof claims against the estate of a deceased party, and a fail- 
 ure to i)resent the claim within the time limited debars a recovery. Where 
 the executor or administrator refuses to pay a claim duly presented, suit 
 must be commenced within four months from sucb refusal. 
 
 Conditional Sales of Personal Property.— Sales of personal property 
 without delivery are void as against attaching creditors of the vendor, other- 
 wise conditional sales may be made. 
 
 Corporations. — Any number of persons not less than three, may *by writ- 
 ten articles, pursuantto the general statutes, form a corporation for the trans- 
 action of any kind of business except banking or insurance. 
 
 Costs. — When the plaintiff is a ntni-resident or is not a substantial party, 
 bonds for prosecution must be furnished. 
 
 Courts. — Terms and Jurisdiction : 
 
 The Supreme Court of errors is the highest court in the state. 
 
 There is a SujJerior Court in each county having jurisdiction in all cases 
 exceeding $.^00 in amount. Process may be made returnable to this court, 
 the first Tuesday of any month except July and August. 
 
 In the counties of Hartford, New Haven. New London, Fairfield and Litch- 
 field, there are Courts of Common Pleas for the trial of causes involving sums 
 under .S.")00, and appeals from justices of the peace. 
 
 Justices of the Peace have jurisdiction of causes involving 8100 or less, with 
 an api)eal lying to the common pleas court or to the superior court in counties 
 where there is no intennediate court. 
 
 Court Calendar.— 
 
 UNITED STATES CIRCUIT COURT. 
 
 Asxoointr .Titxtior Supreme Court, Samuel Blatchford, of New York ; Oircuif Jiidge, 
 William J. Wallace. ofSyracuse. N. Y. ; Clerk, Edward E. Mar\'in,of Hartford. 
 Terms.— Ai New Haven 4th Tuesday April ; at Hartford 3d Tuesday September. 
 
 UNITED STATES DISTRICT COURT. 
 (Has jurisdiction of the whole State.) 
 District .Tiidf/e, Nathaniel Shlpmaii, of Hartford ; C'erk, Edward E. Marvin, of 
 Hartford ; Dixtriot Attornci/, Lewis E. .Stanton, of Hartford ; Marshal, Nathan D. Bates 
 of Norwich, ofticc at Hartford. ' 
 
 Terms.— \X Hartford 4th Tuesday May and 1st Tuesday December; at New 
 Haven 4th Tuesday February and 4th Tuesday August. 
 
 SUPREME COURT. 
 
 Chief ,Tv St ice, .lohn D. Park, of Norwich; Associate Judges, Elisha Carpenter of 
 Hartford; Dwifrht W. Pardee, of Hartford; Dwight Looniis, of Rockville • Sidney's 
 Beardsley, of Bridgeport. ' 
 
 [Conn. 3.]
 
 114 CONNECTICUT. 
 
 Clerks of the Superior Court in tlieir respective counties are clerks of the Supreme 
 Court. 
 
 The.judg:es of the Supreme Court :ire also jurtses of the Superior Court. 
 
 Ternis.— For the First Judicial District, comprisiny: the counties of Hartford. 
 Tolland, Middlesex, Windliain and Jjitchfield, at Hartford on the 1st Tuesdays of 
 January, March, May and October; for the Second District, New London County, at 
 Norwich on the last Tuesday of May and the od Tuesday of October ; for New Haven 
 County, at New Haven on the 1st Tuesday of June and December; for Fairfield 
 County, at Bridgeport on the 3d Tuesday of March and the 4th Tuesday of October. 
 
 SUPERIOR COURT. 
 
 .Tidlgex, (in addition to the judges of the Supreme Court above) Edward I. Sanford, 
 of New Haven; Augustus H. Fenn, of Winchester; Charles B. Andrews, of Litch- 
 field ; Henry Stoddard, of New Haven; David Torrance, of Derby, and James Phelps, 
 of Essex. 
 
 The Superior Court is deemed to be open daily except on Sundays and holidays 
 and excepting July and August, whether any judge is in attendance or not, for pur- 
 pose of entering appearances and judgmen ts of default or non-suit for want of appear- 
 ance or non-compliance with rules or order of court, filing pleas, and generally for 
 such ether matters relating to the practice of said court as t he judges may order. 
 
 County. Where held. Terms. 
 
 Hartford Harttord '2d Tuesday October. 
 
 T-T XT„ ^ ( New Haven . . . 4th Tuesdav SeptMuber. 
 
 iNewtia%en . . ^watcrbury 1st Tuesday November. 
 
 Tolland Tolland 1st Tuesday September. 
 
 iv/r-^ ii.o-,..- fMiddletown . . . 2d Tuesday November. 
 
 Middlesex ■ ■ ■ \ Haddam 4th Tuesday September. 
 
 «7-»,,ii,„w, f Windham . . . . 1st Tuesday Decemlier. 
 
 Windham . . . -j ^rooldyn 1st Tu<-sd ay May. 
 
 TV.T TT I ^^„ /Norwich 1st Tuesilav November. 
 
 ,JNew i.onaon.. . -j ^-^^^ London.. . . 8d Tuesday September. 
 
 T? --fioiri /Bridgeport 1st Tuesdav December. 
 
 i't.irneici. . . . ^ Banbury 8d Tuesday September. 
 
 Litchfield . . . . Litchfield 1st Tuesday September. 
 
 The judges at their annual meeting may provide for such additional sessions as 
 may be necessary. These terms are generally for trial of civil causes only. Terms 
 arealso appointed for trial of criminal cases. 
 
 COURT OP' COMMON PLEAS. 
 
 Count!/. Where held. Terms. 
 
 Hartford Hartford 1st Mon. Sept., Nov., Jan., March, May. 
 
 New Haven. . . . New Haven . . . 8d Mon. Sept., 1st Mon. Nov., Jan., March, May. 
 
 „ . H ,, /Danbury 1st Mon. Februar.v, April, June, December. 
 
 i-airneia .... -[Bridgeport 1st Mon. Jan., March, May, Sept., Oct .Nov., and 
 
 may adjourn from either place to Norwalk or 
 Stamford for the time of court cases only. 
 
 f Litchfield 1st Mon. May, 4tli Mon. September. 
 
 -,..,„ ,, I Winchester. . . . 1st Mon. Januar.v, April, September. 
 
 Litcnneia. . . • i canaau 1st Mon. March, July, November. 
 
 [NewMilford. . .1st Mon. February, August, and may adjourn 
 from one place to any other. 
 -.^ T , /New London.. . . 1st Tues. April, August. 
 New London.. . |]vjorwich 1st Tues. February, October. 
 
 Curtesy. — {See Afarried WoDien.) 
 
 Deeds. — Deeds of land must l)e in writing, subscribed by the grantor, and 
 attested by two witnesses, and must be personally acknowledged. An 
 acknowledgment, whether within or without the state, is sufficient if made be- 
 fore a justice of the peace, notary public, judge of some court of ordinary isni 
 prius or superior jurisdiction, or any officer having power by law to take 
 acknowledgment of deeds. Deeds may also be acknowledged in the state by 
 tlio commissioner of the school fund, judges of probate, clerks of the supe- 
 rior, common i)lcas and district courts, town clerks and commissioners of the 
 superior court. All deeds executed by grantors residing out of the United 
 States may be personally acdcnowledged before a United Statew consul, notary 
 ])ublic, or justice of the peace. A notarial seal is generally accepted as 
 proving itscll'. A certificate of the county clerk should be annexed to an 
 acknowledgment by a justice of the peace. The nuigistrate must be person- 
 ally ac»iuainted with the grantor. 
 fConn. 4.1
 
 CONNECTICUT. 115 
 
 The oraissiou of a notarial seal to a deed ackuowleilgetl before a notary 
 publie does not invalidate the deed ; hut in ease of. such omission, there should 
 t)e some state or court certificate certifying that the party acting is notary 
 public. 
 
 The word [Seal] and the scroll [L. B.] are, either of them, equivalent to 
 a seal. 
 
 Form of Warranty Deed. 
 
 To all people to whom these presents shall come : Greeting : Know ye, that 
 
 . of the town of , county of , and state of Connecticut, for the 
 
 cimsideration of dollars, received to full satisfaction of do give, 
 
 grant, bargain, sell, and conlirm unto the said . 
 
 To have and to hold the above granted premises, with the appurtenances 
 
 thereof, unto the said grantee, lieirs and assigns forever and 
 
 their own proper use and behoof. And also , the said grantor— do — for 
 
 sell heirs, executors and administrators, covenant with the said 
 
 grantee, heirs, and assigns, that at and until the unsealing of these 
 
 presents well seized of the premises as a good indefeasible estate, in fee 
 
 simple, and have good right to bargain and sell the same in manner and form 
 as is above written ; and that the same is free from all incumbrances whatso- 
 ever . 
 
 For conditions for mortgage deed, insert form following from 1 to 3 : 
 
 A/id father more. , the said grantor — , do — by these jjresents bind — sell 
 
 — and heirs forever to warrant and defend the above granted and bar- 
 gained premises to , the said grantee, heirs and assigns, against all 
 
 claims and demands whatsoever . 
 
 Li iritness whereof, have hereunto set hand and seal this day 
 
 of , in the year of our Lord one thousand eight hundred and . 
 
 Signed and delivered in presence of } [^- i^-] 
 !>■ [S. L.] 
 
 Form of Ackiioirledfjments. 
 
 State op Conxecticut, > 
 County op . S ' 
 
 Personally appeared , the signer and sealer of the foregoing instrument 
 
 and acknowledged this same to be his free act and deed, before me. 
 
 Ill testimony whereof. I have hereunto set my hand and affixed my official 
 seal, at , in said county, this day of , A. D. 18 — . 
 
 [l. s.] , Commissioner for State of Connecticut. 
 
 Depositions. — Depositions to be read on the trial of any civil action may 
 be taken in any foreign state or country without the lijuits of the United 
 States, pursuant to the i^rovisions of law, before the following described 
 officers of the United States, viz : foreign ministers, secretaries of legation, 
 consuls and vice-consuls ; and a certificate from the secretary of state of the 
 United States shall be sufficient evidence topi'ovethe official character of the 
 person taking the deposition. 
 
 Whenever a party in a civil action shall be notified to appear at the taking 
 of any deposition, the party thus notified niay, if he see cause, take deposi- 
 tions at the sanio time and place designated in said notice, to be used in the 
 same cause, with-nitany further notice to the opposite party, and the notice 
 thus given sliall be deemed sufficient notice to both pai'ties tliat depositions 
 will then and there be taken by them. 
 
 When a deposition is taken in the absence of the adverse party, or his agent 
 or attorney, the party taking such deposition shall lodge it with the clerk of 
 the court to which it is addressed, on the first day of the session of said court 
 for the inspection of the adverse party, unless before that time he has de- 
 livered the same, or a copy thereof to said adverse party. But the court may, 
 "in its discretion, direct that said deposition be lodged with the clerk at some 
 
 [Conn. 5.]
 
 116 CONNECTICUT. 
 
 subsequent lime instead of the time aforesaid. And if this rule he not com- 
 plied with such deposition shall not be read in evidence. 
 
 Form of Deposifions. 
 
 CAPTION. 
 
 , 'i State of Co>'necticut, ^ 
 
 rn. > County of . > ss. 
 
 , of , county of , state of , being first duly cautioned and 
 
 sworn, deposed and said, as follows : (Here state testimony.) 
 
 Every witness must sign his own deposition, "Exhibits" should be an- 
 nexed and signed by witness and magistrate. 
 
 Form of Certificate to Deposition. 
 
 State of Conne^jticut, ^ 
 
 County of , > ss. The day of , A. D. 18 — , 
 
 Town of . ) 
 
 Then personally appeared the above named , signer of the foregoing 
 
 deposition, and after having been duly cautioned to speak the whole truth, 
 and carefully examined, did subscribe the same and make oath before me 
 that the same contains the truth, and nothing but the truth. 
 
 The foregoing deposition is taken pursuant to the annexed notice at the 
 
 request of the , to be read on the trial of an action pending before the 
 
 court, within and for the county of and state of Comiecticut, in 
 
 which action plaintiff and defendant. 
 
 The cause of taking this deposition is that the said deponent lives more 
 than twenty miles from the place of trial, and out of the state of Connecti- 
 cut. 
 
 The adverse party was notified to be present at the taking of this deposi- 
 tion, and was present thereat. 
 
 Subscribed, taken and sworn to before me. 
 
 {Signature and title.) 
 
 instructions. 
 
 The commissioner miist caution the witness to speak the whole truth, shall 
 carefully examine them and have them svibscribe to the deposition and make 
 oath to it before such authority, who shall attest the same and certify that 
 the adverse party or his agent was present (if so), or that he was notified ; 
 and shall also certify the reason of taking such deposition ; shall seal it up 
 
 and direct it as follows : m. . To the Hon. court, for 
 
 county, Connecticut. The deposition of , to be used in said cause, taken 
 
 and sealed up an directed by me [signature and title):, where it is to be used, 
 and delivel" it, if desired, to the party at whose request it was taken. 
 
 Persons in interest may not write, draw up, or dictate the deposition. 
 
 Descent and Distribution.— The estate, both real and personal, of any 
 person, except as hereafter mentioned (see Married Women), dying intestate, 
 after payment of expenses, is to be distributed as follows : one-third of the 
 personal estate to wife, if any there be, forever; and if she shall not have 
 been otherwise endowed before marriage, one-third part of the real estate to 
 her during life, and all the residue of the real and personal estate in equal 
 proportions, according to its value at the time of distribution, to and among 
 the children, and the legal representatives of any of them who may be dead, 
 excepting children who shall receive estate by settlement of the intestate in 
 his life-time, equal to the shares of the others, and excepting that children 
 advanced by settlement or portion, not equal to the shares of the rest, shall 
 have only so much of the estate as shall make all the shares equal. If any 
 (Conn. 6.J
 
 CONNECTICUT. 117 
 
 •of the chiUlren die before arriving at lawful age, before any legal tllsposi- 
 tiou of the estate and before marriage, the portion of such deceased child 
 shall be equally divided among tiie surviving children and their legal repre- 
 .sentatives. If there be no children nor any legal representatives of them, 
 then half the personal estate shall be set out to the wife forever, and one- 
 third of the real estate for life, and the rt'sitlue of the estate, except as here- 
 inafter provided, distributed etpially to the brothers and sisters of the intes- 
 tate of the whole blood, and tuose who legally represent them, and if there 
 be no such kindred, then to tlie parent or parents, and if there be no parent 
 then equally to tlie brothers and sisters of the half blood, ami those who 
 legally represent them, and if there be Jio parent, and no brother or sister, or 
 those who legally represent them, then equally to tlie next of kin in equal 
 degree, kindred of the whole blood to take in preference to kindred of the 
 half blood, in equal degree, and no representatives to be admitted amongthe 
 collaterals after the representatives of brothers and sisters ; but all the real 
 estate of the intestate which came to him l)y descent, gift, or devise from 
 any kindred shall l)clong equally to the brothers and sisters of the intestate, 
 and those who legally reijresent them, of the blood of the i)erson or ances- 
 tor from whom such estate came or descended ; and in case there be no 
 brothers and sisters, or legal representatives as aforesaid, then equally to the 
 children of such person or ancestor, and those who legally represent them ; 
 andif tliere be no such children or representatives, then equally to the broth- 
 ers and sisters of such person or ancestors, and those who legally represent 
 them; and if there be none such, then it shall be set olf and divided in the 
 same manner as other real estate; and if there be no wife, all the estate shall 
 be divided among the children and heirs in manner aforesaid. The jiart of 
 the real estate which is subject to the widow's dower, if it remain undivided 
 ■at the expiratiim of her term, shall be distributed in manner aforesaid. 
 
 All estate of any minor, dying intestate, Mhich he acquired by gift or in- 
 heritance from relatives, if'he leave no children, brother or sister of the 
 whole blood or their representatives, or parent, goes to his next of kin of the 
 blood of the relative from whom he acquired title. 
 
 Divorce.— Divorces may be granted for adultery, habitual intemperance, 
 wilful desertion with total neglect of duty for three years, and for intoler- 
 able cruelty. One of the parties must have resided in this state three years 
 before bringing suit, unless the cause of divorce shall have arisen after thejr 
 removal to this state. 
 
 Dower. — (See Married Women.) 
 
 Evidence. — Parties in interest are competent witnesses. Conviction of 
 crime may be shown to eft'ect the credibility of a witness. 
 
 Executions. — Issue on the return of final judgment, and are returnable 
 within sixty days. Xo execution issued in an action founded on contract 
 merely can be levied on the body of the debtor, except for breach of promise 
 of marriage, misconduct or neglect in office or professional emiiloyment, oi 
 breach of trust. When real estate has been attached a judgment lien can be 
 placed upon the property by the attaching creditor, which lien may be fore- 
 closed in the same manner as mortgages of real estate. — {See Stay of Execu- 
 tion.) 
 
 Exemptions. — Homestead, to the value of $1,000, if declaration to hold it 
 as such is lecorded. Of the pnjperty of any one person, his necessary ap- 
 parel and bedding and household furniture necessary ftn- supporting life ; 
 arms, military equiinnents, uniforms or musical instruments owned by any 
 member of the militia for military purposes ; any pension moneys received 
 from the United States while in the hands of tlie pensioner ; implements of 
 the debtor's ti'ade ; his library, not exceeding $500 in value ; one cow, not 
 
 [Conn. 7.]
 
 118 CONNECTICUT. 
 
 exceedin.;" iJ^l.lO in A'aluo ; any number of sheep not exceeding ten noi' exceed- 
 ing in all 8150 in value ; two swine and the pork produced from two swine, 
 or two swine and two hundred pounds of pork ; poultry not exceeding $25 in 
 value ; certain specified family stores ; the horse of any practicing physician 
 or surgeon of a value not exceeding $200, and his saddle, biidle, harness and 
 buggy ; one boat used in the business of jilanting or taking oysters, or clams, 
 or shad, with the sails, tackle, rigging and implements used in said business, 
 not excjcding in value 8200 ; one sewing machine in use ; one pew in church 
 in use, and lots in burying ground, appropriated by its owner for tlie burial 
 place of any persv)n or family ; so much of any debt which has accrued by 
 reason of the personal services of the debtor as shall not exceed $oO, and all 
 benefit i allowed by any association of persons in this state toward the sup- 
 port ot" its members incapacitated by sickness or infirmity, shall be exempted 
 from foreign attachment or execution. Minor's wages not to be taken by 
 process of foreign attachment for any debt of parent while such minor is 
 living apart from such parent, nor in any case where the debt is not for 
 necessaries furnished the minor or such parent. 
 
 False Pretense. — (See ArreM.) 
 
 Frauds, Statutes of. — No c'wW action shall be maintained upon any agree- 
 ment, whereby to cliarge any executor or administrator, vi^jon a special 
 promise, to answer damages out of his own estate, or any person upon any 
 special promise to answer for the del)t, default or miscarriage of another ; 
 or upon any agreement made upon consideration of marriage ; or upon any 
 agreement for the sale of real estate, or any interest in or concerning it, or 
 u}u)n any agreement that is not to be performed within one year from the 
 making thereof, unless such agreement, or some memorandum thereof, be 
 made in writing and signed by the party to be charged therewith, or his 
 agent. 
 
 Garnishment. — {See Attachment. ) 
 
 Grace. — Not allowed on notes payable on demand or bills payable at sight. 
 
 Homestead. — {See Exemptions.) 
 
 Insolvent Laws and Assignments. — If a debt exceeding $100 is sued 
 for, and no sufficient property can bo found to attach, the creditor can apply 
 to the court of probate to appoint a trustee in insolvency of the debtor's es- 
 tate. A citation then issues, and a hearing is had. If the petition is granted 
 the trustee takes all the debtor's estate not exempt from execution and vol- 
 untary conveyances, and attachments on m,esne process or incomplete levies 
 of execution, commenced within sixty daj^s previous, are dissolved. The 
 debtor receives an allowance from his estate for the support of his family, 
 provided he has complied with the provisions of the statute and gives public 
 notice tliat he intends to apply for such allowance, and if lie pays seventy 
 per cent, of all claims proved, obtains a full discharge. Commissioners are 
 ajipointed in each case to pass upon claim presented, with an appeal to the 
 superior ccmrt. Three to six months are allowed for proving claims. Prov- 
 ing claim and accepting dividend does not operate as a discharge of the 
 de])tor. 
 
 Preferential assignments are not allowed, but assignments in insolvency 
 cran be voluntarily made by any one to a trustee of his own selection ; sub- 
 ject to the substitution of another by the court of probate, if deemed proper. 
 The estate is settled in substantially the same way as in involuntary pro- 
 ceedings. 
 
 All debts due any laborer or mechanic for personal wages for labor per- 
 formed within three months, are preferred to the amount of $100 ; also, the 
 costs of incomplete levies of executions and attachments, which are dis- 
 solved by insolvency proceedings. 
 [Con. 8.1
 
 CONNECTICUT. 119 
 
 Form of Ass if/ II incut en Jnsolcenci/. 
 
 Statk of Connecticut, } 
 County op . ^ ' 
 
 Kaoic all men hi/ these presents. That , of , the of and 
 
 state of Coimeeticut in consiik'ration oftlie snni of one doUar to in liand 
 
 paid by , of in said state, and in fnrther c )nsideration of tlio uses 
 
 and trusts hereinafter eonfeiTtd ui)on and assumed by said , do liereby 
 
 give, grant, sell, convey, transfer and assign to said all real auil 
 
 personal estate, debts, demands, claims, and choscs in action of every kind 
 whatsoever, and wlieresoever the same may be situated, except what jirop- 
 erty is by law exempt from execution, aud excepting also the sum of one 
 hundred dollars in cash. 
 
 To have and to hold the same to the said in trust for the purposes 
 
 following, viz. : to be held, managed and disposed of for the benefit of all 
 
 creditors in proportion to their respective claims, and i)ursuant to the 
 
 provisions of the statutes of said state, in such case made and provided. 
 
 In iritness irliereof. have hereunto set hand aud seal this 
 
 day of , A. D. 18 — . 
 
 Signed, sealed and delivered in the presence of ) [l. s. ] 
 ._ i ■ [L. s.] 
 
 State op Connecticut, ) A. D. 18 — . 
 
 County op . y" 
 
 Personally appeared , signei- — and sealer — of the foregoing instru- 
 ment aud acknowledged the same to be free act and deed, before me. 
 
 -. Justice of the Peace. 
 
 , Goininissioner of the Superior Court. 
 
 Interest. — The legal rate of interest is six per cent. Xo penalty for 
 usury. 
 
 Judgments. — Are a lien on real estate when a certificate of the judgment 
 is lecorded hi the town where the land lies. These liens may be foreclosed 
 in the same manner as mortgages. 
 
 Justices of the Peace.— Have jurisdiction in civil causes involving .$100 
 or less. 
 
 Leases. — For more than one year must lu> in writing, acknowledged in the 
 same manner as deeds, aud recorded. 
 
 Liens. — Liens are allowed on claims of ^2^) or over, for services rendered 
 or materials furnished in the erection of any building. Boarding hou.se 
 keepers have a lien u]ion the personal elfects of boarders, and may .sell after 
 sixty days. — {See Judgments.) 
 
 Limitations to Suits.— Open accounts and contracts not under seal, six 
 years ; instruments in writing and ])romissory notes not negotiable, seventeen 
 years; ex])ress contracts not specified, and of which there is no written 
 memorandum, three years. Usual exceptions in favor of married women, mi- 
 nors, lunatics and those imprisoned. The time during which the i)arty against 
 whom there may be such cause of action shall be without the state, shall be 
 excluded from the computation. Title to real estate by adverse possession 
 may be gained in fifteen years. 
 
 Married Women. — By a law passed in 1877, neitlier husband nor wife shall 
 acquire any interest in the estate of the other, by force of a marriage contract- 
 
 (Con. 9.1
 
 120 CONNECTICUT. 
 
 ed subsequent to April 20, 1877, except as to the share of the survivor in the 
 property of the other ; and in such a marriage, the sejiarate earnings of the 
 ■wife shall be her sole property, and the wife shall have power to make con- 
 tracts with third persons, and to convey to them her real or personal estate 
 in the same manner as if she were unmarried. All her property shall be lia- 
 ble to be taken for her debts, in tlie same manner, and to the same extent as 
 if she were unmarried — except tliat the property of the husband, when found, 
 shall be first applied to satisfy liabilities incurred for the support of the fam- 
 ily. On the death of the husband and wife, the survivor (except where by 
 a written contract made before marriage, or after, either party has received 
 from the other what was intended as a provision in lieu of the statutory 
 share) shall be entitled to the use for life of one-third in value of all the prop- 
 erty, real or personal, owned by the other at the time of his or her decease, 
 after the payment of all debts and charges allowed against the estate. The 
 right to such third can not be defeated by will. Where there is no will, the 
 survivor shall take such tliird absolutely, and if there are no children, shall 
 take one-half absolutely. 
 
 In cases of marriages contracted prior to April 20, 1877, the husband and 
 wife may enter into a written contract for the mutual abandonment of all 
 rights of either, in the property of the other, under previous statutes, or at 
 common law, and for the acceptance instead thereof of the rights given by 
 act of 1877, and when such contract is recorded in the probate court of the 
 district and the town clerk's otBce in the town where they reside, the provis- 
 ions of the act of 1877 shall apply to such marriages. 
 
 In marriages contracted prior to April 20, 1877, the wife remains under the 
 same disabilities as before the law of 1877 was passed, (unless written con- 
 tract is made and accorded as above-mentioned), that is, her husband must 
 join her in all conveyances of her estate, and an action can be sustained against 
 her only for torts committed by lier, and upon contracts made by her, upon 
 her personal credit, and for the benefit of herself, her family, or her joint or 
 separate estate. Contracts which, by express agreement, charge estate held 
 to her sole and separate use, may be enforced against such estate. Her prop- 
 erty is not liable for her husband's debts, nor can his interest in her estate 
 be taken for his debts. Any married woman may make a will subject to the 
 marital rights of her husband. 
 
 Dower exists only in real estate of which the husband was seized at his 
 death. 
 
 The husband acquires a right to the use of all the land of his wife during 
 her life, and if he has a child by her, and survives her, then during his own 
 life as tenant by curtesy. 
 
 Personal property of any woman married since June 22, 1849, and before 
 April 20, 1877, vests in her husband as trustee, to use the income during his 
 life, subject to the duty of expending what may be necessary of such income 
 for the support of his wife during her life, and of their children during their 
 minority, and of expending any part of the principal ^jiat may be necessary 
 for the support of the wife, or otherwise with her written assent. 
 
 Upon the death of th3 husband, the remainder to be transferred to the wife, 
 if living; otherwise as the wife may by will have directed, or, in default of 
 such will, to those entitled by law to succeed to her intestate estate. 
 
 Married woman may be executrix, trustee or guardian without consent of 
 her husband, and the husband is not liable for her acts and defaults, unless 
 such acts are by his express direction. Any married woman over the person 
 and estate of wliose husband a conservator 1ms been appointed, while such 
 appointment is unrevoked, may lease, sell, convey and have and exercise all 
 rights in and concerning her estate, in the same manner as if she were un- 
 married. [Public Acts, 1881, p. 93.] 
 
 Mortgages. — ^Mortgages of real estate are executed, acknowledged and 
 recorded in the same manner asdi^eds, and are foreclosed by proceedings in 
 equity, not by a sale. The court limits a reasonable time, generally from two 
 [Con. 10.1
 
 CONNECTICUT. 121 
 
 to six months, for redemption ; and if the debt is not paid within this period, 
 the equity of redemption is extinguished, and the jn-operty behmgs absolutely 
 to the mortgagee. The court may also orderand enforce the delivery of pos- 
 session to the mortgagee on a foreclosure. 
 
 If the maker of the note is to be held personally, he must be made a party 
 to the foreclosure, and the court on motion, shall appoint three appraisers, 
 Avhose appraisal shall be conclusive as to the value of the mortgaged prem- 
 ises. 
 
 The mode of dischargmg mortgages is by a quit claim deed from the mort- 
 gagee. 
 
 Form of Conditions for Mortgage Deed. 
 
 (1) TJie condition of this deed is sucJi. That whereas the said grant or 
 
 justly indebted to the said grantee in the sum of dollars, as evidenced 
 
 by promissorj'- note — of even date herewith, payable to the said grantee 
 
 or order . 
 
 yoic, tJicrefore, If said note — shall be well and truly paid according to 
 
 tenor, then this deed shall be void ; otherwise to remain in full force and 
 
 effect. (2) 
 
 ACKJfOWLEDGMEXT. 
 
 State of Connecticut, ) « t^ io 
 
 County of . S ^^- ^- ^^~- 
 
 Personally appeared , signer and sealer of the foregoing instrument, 
 
 and acknowledged the same to be free act and deed, before me. 
 
 • , Notary Public^ ^ 
 
 , Justice of the Peace, or > as the case may he. 
 
 , Commissioner of the Superior Court. ; 
 
 Notes and Bills, — Promissory notes for the payment of money only, pay- 
 able to any person, or his order, or to bearer, are negotiable. Negotiable de- 
 mand notes are deemed overdue and dishonored after four months. When 
 the third day of grace falls upon a holiday or Sunday, presentation for pay- 
 ment shovild be made on the next preceding secular or business day. 
 
 Judgment notes (so called) are not allowed. 
 
 Xo particular form of note is recommended. 
 
 Oaths and A&diZMi%&.— {See Affidavits.) 
 
 Practice. — Is governed by the code adopted in 1879, superceding tlie com- 
 mon law practice in force, until that date 
 
 Proof of Claims. — No special form is required. Claims presented for al- 
 lowance against au estate should be sworn to, though failure to do so, will 
 not prevent an allowance of, or hearing on a claim presented in due time. 
 
 Recording. — {See Deeds, etc.) 
 
 Redemption.— (-Se*? Mortgages.) 
 
 Replevin. — Picplevm lies for the recovery of personal property unlaw- 
 fully detained. 
 
 Seal- — All deeds of lands, or any interest therein, for more than one year 
 must be under .seal. The letters '*L. S." with scroll, constitute a sufficient 
 seal. 
 
 [Coil, ll.j
 
 122 CONNECTICUT. 
 
 Security for Costs and other Uhdertakings, — Non-resident plaintiffs 
 are required to furnish bonds for prosecution with resident surety. 
 
 Stay of Execution. — Execution will he stayed in the case of a judgment 
 rendered against an executor or administrator, on the settlement of an insol- 
 vent estate ; in case of foreign attachment, when it shall appear on the hear- 
 hig of the scire facias that the debt due to the principal is not yet payable ; 
 upon a judgment for a mortgagee in ejectment, pending a foreclosure of the 
 mortgage ; and upon a motion for a new trial, or proceedings in error, at tne 
 discretion of the court. 
 
 Wages. — {See Exemptions,} 
 
 "Wills. — Must be atte.sted by three witnesses. 
 
 Witnesses. — No party is disqualified from being a witness, in any cause in 
 which he may be interested, but such interest may be sh(jwn to affect his. 
 credibility. 
 
 [Con. 12. J
 
 CONNECTICUT. 
 
 123^ 
 
 ATTORNEYS IN CONNECTICUT. 
 
 Bold Face Type denotes county seats. A dash (— ) less than 100 populatiou. 
 Flfiures after names when admitted to Bar. A star (*) Notaries Public. 
 A double dajrger (I) our Compiler of Ijaws. 
 A dagger (t) former reeonimendations withdrawn. 
 
 PLACE. 
 
 Andover 
 
 Aiisonia 
 
 Barklianisted 
 
 Berlin 
 
 Bloomfield 
 
 15ranford 
 
 Bridgeport 
 
 Birmingham 
 
 Bristol 
 
 Brooktield 
 
 Brooklyn 
 
 Bifckland 
 
 Canaan 
 
 Cheshire 
 
 Chester 
 
 Clinton 
 
 Colchester 
 
 Collinsville 
 
 Cornwall 
 
 Coventry 
 
 Danbury 
 
 Derby 
 
 Durhani 
 
 East Iladdam 
 
 East Hampton 
 
 East Hartford 
 
 Enfield 
 
 Essex 
 
 Fairfield 
 
 Fair Haven 
 
 Gaylordsville 
 
 Glastonbury 
 
 Granby 
 
 Green's Farms 
 
 Greenwich 
 
 Griswold 
 
 Groton 
 
 Guilford 
 
 Hadlyme 
 
 Hamden 
 
 Hampton 
 
 COUNTY. 
 
 Tolland 
 New Haven 
 Litchfield 
 Hartford 
 Hartford 
 New Haven 
 
 Fairfield 
 
 New Haven 
 
 Hartford 
 
 Fairfield 
 
 Windham 
 
 Hartford 
 
 Litchfield 
 
 New Haven 
 
 Middlesex 
 
 Middlesex 
 
 New London 
 
 Hartford 
 
 Litchfield 
 
 Tolland 
 
 Fairfield 
 
 New Haven 
 
 ^Middlesex 
 
 ^Middlesex 
 
 Middlesex 
 
 Hartford 
 
 Hartford 
 
 Middlesex 
 
 Fairfield 
 
 New Haven 
 
 Litchfield 
 
 Hartford 
 
 1 f artford 
 
 Fairfield 
 
 Fairfield 
 
 New London 
 
 New London 
 
 New Haven 
 
 New London 
 
 New Haven 
 
 Windham 
 
 NAME OF ATTORNEYS. POPULA'n 
 
 M. P. Yoemans. 
 .T. D. Ballou. 
 
 C. P. Ives. 
 F. A. Brown. 
 H. R. Mills, 
 .loseph C. Shaikey. 
 
 ^ .JOSEPH A. JOYCE.* 
 '( Stiles Judson, Jr. '85 
 
 (See Sheltoii.) 
 
 Newell ifc .Jennings. 
 
 Samuel Shernian. 
 
 Jjonis 13. Cleveland. 
 
 Chas. H. Owen. 
 
 L. P. Dean. 
 
 Geo. Hine. 
 
 T. I. Clarke. 
 
 D. L. Peck. 
 
 E. S. Day. 
 
 F. M. Mills. 
 
 L. J. Nickerson. 
 A. .J. Turner. 
 S. Tweedy. 
 W. E. Downs. 
 
 G. Newton. 
 
 Attwood. 
 
 Hall. 
 
 S. Bryant. 
 
 W. .Johnson. 
 .James Phelphs. 
 W. B. Glover. 
 C. S. Bushnell. 
 E. S. Merwin. 
 W. S. Goslen. 
 W. C. Case. 
 A. Relyea. 
 H. W. R. Hoyt. 
 H. H. Burnham. 
 .John J. Clapp. 
 H. T. Walker. 
 H. Wiley. 
 C. S. Everest. 
 C. F. Cleveland. 
 
 3,855 
 1,300 
 2,385 
 1,346 
 3,048 
 
 27,643 
 
 3,026 
 2,763 
 1,151 
 2,308 
 
 200 
 
 800 
 2,284 
 1,177 
 1,412 
 1,415 
 1,376 
 1.584 
 2,044 
 11,669 
 11,646 
 
 980 
 3,034 
 
 737 
 3,500 
 6,756 
 1,279- 
 3,748 
 1,528 
 
 242- 
 3,580 
 1,349 
 
 45^ 
 1,576 
 2,745 
 5,130 
 1,450 
 
 40:? 
 3,410 
 
 157
 
 124 
 
 CONNECTICUT. 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. POPULA'N. 
 
 Hartford 
 
 Hartford 
 
 Stephen Terry, 
 
 309 Main Street. 
 See Card in Appendix, page iv. 
 
 42,553 
 
 Killiiiohy 
 
 Windham 
 
 E. Martin. 
 
 6,921 
 
 Litchfield 
 
 Litchfield 
 
 Hon. Chas. B. Andrews. 
 
 1,090 
 
 jNIerideu 
 
 New Haven 
 
 Geo. W. Smith. '58 
 
 15,540 
 
 Middletown 
 
 Middlesex 
 
 D. J. DONAHOE. 
 
 6,826 
 
 Milford 
 
 New Haven 
 
 G. M. Gunn. 
 
 3,346 
 
 Mystic 
 
 New London 
 
 Chas. Perrin. 
 
 384 
 
 Mystic River 
 
 New London 
 
 L. Clift. 
 
 1,169 
 
 Nangatiick 
 
 New Haven 
 
 John M. Sweeney. " 
 
 4,281 
 
 New Britain 
 
 Hartford 
 
 P. J. Markley. 
 
 11,800 
 
 New Hartford 
 
 Litchfield 
 
 F. A. Jewell. 
 
 1,670 
 
 !New Haven 
 
 Hartford 
 
 1:Wright, Wm. A. 
 
 15:3 Church Street. 
 See Card in Aj^pendix, page iv. 
 
 SMITH, HON. GEO. W. 
 \Bahcock, FrerVk V/. 
 
 78 Orange Street. 
 
 62,882 
 
 Newington 
 
 Hartford 
 
 P. Wells. 
 
 934 
 
 New London 
 
 New London 
 
 Waller, Tibbitts & Waller. 
 
 10,537 
 
 New jMiltord 
 
 Litchfield 
 
 F. W. Marsh. 
 
 1,417 
 
 Norfolk 
 
 Litchfield 
 
 C. E. Bristol. 
 
 1,415 
 
 North Haven 
 
 New Haven 
 
 E. L. Linsley. 
 
 1,763 
 
 Norwalk 
 
 Fairfield 
 
 J. A. Gray. 
 
 5,308 
 
 Norwich 
 
 New London 
 
 CHAS. E'. BLUMLEY. '84 
 
 15,112 
 
 Plymouth 
 
 Litchfield 
 
 H. B. Plumb. 
 
 649 
 
 Portland 
 
 Middlesex 
 
 J. M. Murdock. 
 
 4,162 
 
 Putnam 
 
 Windham 
 
 G. W. Phillips. 
 
 5,828 
 
 Sandy Hook 
 
 Fairfield 
 
 Wm. O'Hara. 
 
 840 
 
 Saybrook 
 
 Middlesex 
 
 A¥. F. AVilcox. 
 
 1,363 
 
 Sharon 
 
 Litchfield 
 
 W. Baker. 
 
 2,580 
 
 Simsbury 
 
 Hartford 
 
 Geo. P. McLean. 
 
 1,833 
 
 Southin(>ton 
 
 Hartford 
 
 M. H. Holcomb. 
 
 5,410 
 
 South Norwalk 
 
 Fairfield 
 
 R. Frost. 
 
 3,726 
 
 Southport 
 
 Fairfield 
 
 Charles M. Gilnian. 
 
 958 
 
 Stafford Springs 
 
 Tolland 
 
 W. A. King. 
 
 2,081 
 
 Stamford 
 
 Fairfield 
 
 G. A. Carter, Jr. 
 
 2,540 
 
 Stonington 
 
 New London 
 
 H. A. Hull. 
 
 1,755 
 
 Stratford 
 
 Fairfield 
 
 V. R. C. Giddings. 
 
 4,251 
 
 Suffield 
 
 Hartford 
 
 L. N. Austin. 
 
 3,225 
 
 Thomaston 
 
 Litchfield 
 
 Bradstreet & Etheridge. 
 
 3,226 
 
 Thompsonville 
 
 Hartford 
 
 John Hamlin. 
 
 3,796 
 
 Tolland 
 
 Tolland 
 
 E. S. Agard. 
 
 229 
 
 Torrino'ton 
 
 Litchfield 
 
 G. H. Welch. 
 
 3,327 
 
 Trunibill 
 
 Fairfield 
 
 R. C. Ambler. 
 
 1,323 
 
 Walling-ford 
 
 New Haven 
 
 L. M. Hubbard. 
 
 3,017 
 
 Waterbury 
 
 New Haven 
 
 J. O'Neill, Jr. 
 
 17,806 
 
 Watertown 
 
 Litchfield 
 
 C. B. Atwood. 
 
 1,896 
 
 Westbrook 
 
 Middlesex 
 
 D. A. AV right. 
 
 878 
 
 Wethersfield 
 
 Hartford 
 
 S. W. Adams, 
 
 2,172 
 
 AVinsted 
 
 Litchfield 
 
 F. D. Tyler. 
 
 2,475 
 
 AVilton 
 
 Fairfield 
 
 T. J. Hubbell. 
 
 1,864 
 
 Windham 
 
 Windham 
 
 E. B. Sumner. 
 
 8,268 
 
 Windsor 
 
 Hartford 
 
 T. M. Roberts. 
 
 3,056 
 
 Windsor Locks 
 
 Hartford 
 
 J. AV. Johnson. 
 
 2,331 
 
 Woodbridge 
 
 New Haven 
 
 W. H. Clark. 
 
 830 
 
 AVoodbury 
 
 Litchfield. 
 
 Huntington & AVarner. 
 
 2,149 
 
 Woodstock 
 
 Windham 
 
 G. S. F. Stoddard. 
 
 3,638
 
 CONNECTICUT. 
 
 125. 
 
 BANKS IN CONNECTICUT. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital of one 
 banli in each countyof tliis state in ■wliich such a banlcing institution is located. 
 
 Aiisonia 
 
 Birmingham 
 
 Bridgeport 
 
 Bristol 
 
 Brooklyn 
 
 Clinton 
 
 D anbury 
 
 Danielsonville 
 
 Deep River 
 
 East Haddam 
 
 Essex 
 
 Falls Village 
 
 Hartford 
 
 Litchfield 
 
 Meriden 
 
 Middletown 
 
 Mystic Bridge 
 
 Mystic River 
 
 Nangatuck 
 
 New Britain 
 
 New Canaan 
 
 New Haven 
 
 New London 
 
 New Millbrd 
 
 Norwalk 
 
 Norwich 
 
 Portland 
 
 Putnam 
 
 Rockville 
 
 Southington 
 
 South Norwalk 
 
 Southport 
 
 Stafford Springs 
 
 Stamford 
 
 Stonington 
 
 Stuffield 
 
 Thompson 
 
 Thompsonville 
 
 Wallingford 
 
 Waterbury 
 
 Westport 
 
 West Winsted 
 
 Willimantic 
 
 Winsted 
 
 NAME OF BANK. 
 
 Ansonia National Bank 
 Birmingham National Bank 
 Bridgeport " " 
 
 Bristol '• " 
 
 Windham County Nafl Bk 
 Clinton National Bank 
 Danbury National Bank 
 First Nat'l Bk, of Killingly 
 Deep River National Bank 
 Nat'l Bk, of New England 
 Saybrook Bank 
 National Iron Bank 
 Hartford National Bank 
 First National Bank 
 Home " " 
 
 First " 
 
 Mystic River National Bank 
 Nangatuck National Bank 
 New Britain National Bank 
 First National Bank 
 Second National Bank 
 Union Bank 
 First National Bank 
 Fairfield County Nat. Bank 
 First National Bank 
 
 Southington National Bank 
 City National Bank 
 Southport National Bank 
 Stafford National Bank 
 First 
 
 Thompson " " 
 
 Thompsonville Trust Co. 
 First National Bank 
 Waterbuiy National Bank 
 First National Bank 
 Ilurlbut National Bank 
 First National Bank 
 
 
 PAID VF 
 
 CASHIER. 
 
 CAPITAL. 
 
 Fred. M. Drew. 
 
 $ 200,000 
 
 Charles E. Clark. 
 
 300,000 
 
 F. N. Bendham. 
 
 215,850 
 
 C. S. Treadway. 
 
 100,000 
 
 .John P. Wood. 
 
 108,300 
 
 E. E. Post. 
 
 75,000 
 
 .Jabez Amsbury. 
 
 327,000 
 
 H. N. Clemons. 
 
 110,000 
 
 Gideon Parker. 
 
 150,000 
 
 Thomas Gross, .Jr. 
 
 133,000 
 
 Louis P. Parker. 
 
 100,000 
 
 Dwight E. Dean. 
 
 200,000 
 
 W. S. Bridgeman. 
 
 1,200,000 
 
 George E. .Jones. 
 
 200,000 
 
 .J. S. Norton, Jr. 
 
 (300,000 
 
 .J. N. Camp. 
 
 200,000 
 
 Elias P. Randall. 
 
 150,000 
 
 Henry B. Noyes. 
 
 100,000 
 
 Arthur H. Dayton. 
 
 100,000 
 
 A. .J. Sloper. 
 
 310,000 
 
 S. Y. St. John. 
 
 100,000 
 
 Charles A. Sheldon. 
 
 1,000,000 
 
 .J. L. Chew. 
 
 300,000 
 
 H. S. Mygatt. 
 
 135,000 
 
 Lester S. Cole. 
 
 300,000 
 
 Lewis A. Hide. 
 
 500,000 
 
 •John H. Sage. 
 
 150,000 
 
 .Jno. A. Carpenter. 
 
 150,000 
 
 John H. Kite. 
 
 200,000 
 
 L. Iv. Curtis. 
 
 250,000 
 
 Jacob M. Layton. 
 
 100.000 
 
 0. T. Sherwood. 
 
 100,000 
 
 R. S. Hicks. 
 
 200,000 
 
 A. R. Turkington. 
 
 200,000 
 
 N. A. Pendleton. 
 
 200,000 
 
 A. Spencer, .Jr. 
 
 200,000 
 
 Charles Arnold. 
 
 100,000 
 
 Willis Gowdy. 
 
 25,000 
 
 Wm. H. Newton. 
 
 150.000 
 
 A. M. Blakesley. 
 
 500,000 
 
 B. L. Woodworth. 
 
 300,000 
 
 Henry Gay. 
 
 205,000 
 
 O. H. K. Risley. 
 
 100,000 
 
 Frank D. Hallett. 
 
 100,000
 
 TERRITORY OF 
 
 DAKOTA. 
 
 SUMMARY OF 
 
 CoivLKCTioN Laws. 
 
 •Court Calendak, Instructions for taking Depositions, Legal Forms, Etc. 
 Expressly Prepared and Revised to Nov. 1st, 1887, for " Showers' 
 Legal Directory and Merchants' Guide." for 1888, by 
 F. V. Barnes, of the Bismarck Bar. 
 
 Acknowledgments.— (/See Deeds.) 
 
 Actions. — All distinction between actions at law and suits in equity are 
 abolished. There is but one form of action for the protection of private 
 rights, and the redress of private wrongs, and that is denominated a civil 
 action. (C. C. P., § 33.) 
 
 Every action must be i^rosecuted in the name of the real party in interest, 
 except that an executor, administrator, or trustee of an express trust, or a 
 person expressly authorized by statute, may sue or defend without joining 
 "with him, the person for whose benetit the action is prosecuted or defended. 
 
 Civil actions in courts of record must be commenced by the service of 
 summons. 
 
 Statutory costs are allowed the prevailing party in all civil actions, except 
 to the plaintiff in a judgment upon a written contract, executed prior to the 
 act of March 1883, whereby the debtor has contracted for the payment of 
 attorney's fees. Attorney's fees contracted for by a debtor, in writing, must 
 be allowed by the court, in conformity to the instrument, and must form a 
 I)art of the judgment. (C. C. P., §§ 377-378.) 
 
 In cases in which the plaintiff is a non-resident, he must furnish security 
 for costs. The surety must be a resident of the county where the action is 
 to be brought. 
 
 Affidavits. — (See Oaths and Affidavits.) 
 
 Aliens. — Aliens may take by succession, buy, hold and dispose of real 
 or personal property within the territory, the same as a citizen thereof. 
 
 Appeals. — (See Courts.) 
 
 Arrest and Bail. — {See Protisional Remedies.) 
 
 Assignments by Insolvent Debtors, — An insolvent debtor may, in good 
 faith, by an instrument iu writing, subscribed and acknowledged by the as- 
 signor, and recorded in the manner prescribed for the acknowledgment and 
 recording of transfers of real estate, transfer property to one or more as- 
 
 [Dak. 1.]
 
 DAKOTA TERRITORY. 127 
 
 signees, in trust, towards the satisfaction of all his creditors, subject to the 
 provisions ot" the civil code, in relation to fraudulent transfers and trusts, 
 l)ut no levy of an attachment or execution is effected by such an assign- 
 ment. 
 
 Attacllinent. — (See Procisianal Remedies.) 
 
 Banks and Bankers. — (^See Corporations.) 
 
 Bills of Exchange and Promissory Notes. — {See '' JVegotinble Instn.i- 
 me ids." 
 
 Bills of Lading. — Bills of lading are negotiable, and if made to bearer, 
 or equivalent terms, a simple transfer thereof conveys same title as indorse- 
 ment. 
 
 Chattel Mortgages. — All mortgages of personal property must be in 
 •writing, subscribed by the moitgagor, in the presence of two persons, who 
 must sign the same as witnesses thereto, and no other proof or acknowledg- 
 ment is necessary. 
 
 Such mortgages are void as agninst creditors and subsequent purchasers, 
 or incumbrances in good faith for value, unless tlie original or an authenti- 
 cated copy thereof is tiled in the office of the register of deeds of the county 
 where the mortgaged ^iroperty or any part thereof is situated. When so 
 executed and filed, such mortgage becomes and remains, unless sooner satis- 
 fied, a lien upon the property therein describetl.for the period of three years 
 from the date of filing, and such mortgages may be renewed for the further 
 I)eriod of three years, if tiie mcntgagee or his assignee shall, within thirty 
 -days next preceding the expiration of the original tei'ni of three years, file a 
 true copy of the mortgage, together with a sworn statement of the amount 
 of the existing debt for which he claims a lieu ; and such copy and sworn 
 statement must be so filed eveiy three years, or the mortgage ceases to be 
 valid as against creditors, subsequent ptirchasers, eti;., as aforesaid. 
 
 Foreclosure. — When the mortgage debt or any part thereof becomes due, 
 or if the mortgagor voluntarily removes or permits the removal of the mort- 
 gaged property from the county in which it was situated at the time it was 
 moilgaged, the mortgagee or his assignee may proceed to foreclose the same 
 by action, as provided by the code of civil procedure, or by a public sale of 
 the property upon tea days' notice. Such attorney's fees as are specified in 
 the mortgage luay be collected ujion the foreclosui'e if the mortgage is 
 foreclosed by an attorney of record of the territoiy, and his name appears as 
 attorney upon the notice of sale. Tlie mortgagee or his a.ssiguee may be a 
 purchaser at the sale. (Act of ]V[arcli lo, 1885.) 
 
 Property may be attached. — Personal property mortgaged may be attached 
 by a creditor of the mortgagor ; but before the levy is made under the writ 
 of attachment, the officer must pay or tender to the holder of the mortgage, 
 the amount of the mortgage debt with interest, or nuist deposit the same 
 with the county treasurer, payable to the order of such holder ; otherwise 
 the officer is responsible for the full amount of the mortgage debt. 
 
 Title acquired by a mortgagor, subsequent to the execution of the mort- 
 gage, inures to the mortgagee as .security for the debt, in like m.anner as if 
 acquired before the execution. Thus a chattel mortgage may be given upon 
 a crop to be grown upon a certain tract of land, during a certain season, 
 and if any such crop be grown, the lieu on the mortgagee will attach thereto. 
 
 Form of Chattel Mortrjage. 
 
 This mortgage, made the day of , in the year , by A. B., of 
 
 , by occupation a , mortgagorto C. D., of , by occupation a , 
 
 mortgagee, witnesseth* That the moi-tgagor mortgages to tlie mortgagee, 
 (here describe the property) as security for the payment to him of — ^— dol- 
 lars, on (or before) the day of , in the year — , with interest there- 
 on, or as security for the payment of a note or obligation, describing, etc. 
 [Dak 2.
 
 128 DAKOTA TERRITORY. 
 
 Claims against Decedent's Estate — Every executor or administrator must 
 imuietliately after appoiutmeut, publish in some newspaper in the county, if 
 there be one, if not in sucli paper as may be designated by probate judge, not 
 less tlian once a week for four weeks, a notice that all claims must be pre- 
 sented to him with vouchers, within such time as specified in notice, six 
 months after first publication, if estate exceeds five thousand dollars, if less, 
 four months. All claims not presented in such time, are barred forever, ex- 
 cept if they be not then due, or if contingent, they may be presented with- 
 in one month after due or absolute ; or if it appear by the affidavit of the 
 claimant, to satisfaction of the executor or administrator, and the probate 
 judge, that he had no notice by reason of being out of the territory, they may 
 be presented before a decree of distribution is entered. A claim for a defi- 
 ciency remaining unpaid after a sale of the property of the estate mortgaged 
 or pledged, must be presented within one month after such deficiency is as- 
 certained. Nothing in this law shall apply to mortgages, except that no bal- 
 ance of the debt remaining vmpaid, secured by svich mortgage after foreclos- 
 ure, shall be a claim against the estate, vinless such debt was presented as 
 required by the code. Claims must be supported by aflidavit. 
 
 Corporations. — Domestic. — Private corporations can be formed by three 
 or more persons, under general incorporation acts only. Legislature cannot 
 grant isrivate charters or privileges. The articles of incorporation must be 
 subscribed by three or more persons, one-third of whom must be residents 
 of this territory, and acknowledged by each, before some officer authorized 
 to take acknowledgments of conveyances of real estate, and when so sub- 
 scribed and acknowledged, must be filed with the secretary of the territory. 
 The secretary of the territory must issue to the corporation, a certificate that 
 the articles have been so filed, and that they contain the necessary statement. 
 of facts, and thereupon the persons signing such articles shall be a body . 
 politic and corporate. 
 
 Each stockholder of a corporation is individually liable for the debts of the 
 corporation, only to the extent of the amount that is unpaid upon the stock 
 held by him. The term stockholder as here used, shall apply not only to 
 such persons as appear by the books of the corporation to be such, but also 
 to every equitable owner of stock, although the same appear on the books 
 in the name of another. (C. C, g§ 384^18.) 
 
 Foreign. — No coi-poration created or organized under the laws of any other 
 state or territory, except corporations or associations created for religious or 
 charitable purposes solely, shall transact any business within this territoiy, 
 or acquire, hold and dispose of property, real, personal or mixed, within this 
 territory, until such corporation shall have filed and recorded in the office of 
 the secretary of the territory, a duly authenticated copy of its charter or 
 articles of incorporation. Such corporations shall appoint an agent, whcf 
 shall reside at some accessible point in this territory, in the county where the 
 principal business of such corporation is carried on, duly authorized to accept 
 service of process, and upon which service of process may be made in actions 
 wherein such corporation is a party. An authenticated copy of such appoint- 
 mei\t or commission shall be filed and recorded in the office of the register of 
 deeds of such county, and of the secretary of the territory. 
 
 Costs. — {See Actions.) 
 
 Courts. — Terms and Jnrisdiction of — The courts of this territory are the 
 supreme court, district courts, probate courts and courts of justices of the 
 peace. 
 
 Supreme Court. — The original jurisdiction of the supreme court extends 
 to the writs of mandamus, certiorari and prohibition, and all other writs 
 necessary to the exercise of its appellate jurisdiction*; and this court has ex- 
 clusive appellate jurisdiction to review uptm appeal every actual determina- 
 tion made at any regular or special terms of the district courts. 
 
 [Dak, 3.]
 
 DAKOTA TERRITORY. 129 
 
 Dlt^trict Courts liavo cxi-Uisivc original jurisdiction in all actions at law or 
 in equity where the amount claimed exceeds one Inmdred dollars ; where the 
 title to real i>roperty is in question, and in all actions lor divorce. Tliey also 
 have jurisdiction of appeals from justices' courts and from all judgments, 
 decrees or order's of the jtrobate courts or other inferior officers or tribunals ; 
 and also have power to issue writs of habeas corpus, mandamus, injunction, 
 quo warranto and certiorari. 
 
 Probate CoHrishuxe jui-isdiction to open and receive proof of wills, and 
 to admit them to proof and to allow and record foreign wills. These courts 
 have the general control of the administration and settlement of the estates 
 of deceased persons, minors, and insane persons, including the appointment 
 and removal of administrators and guardians. 
 
 Justices' Courts have jurisdiction to try and detemiine all actions for the 
 recovery of money, where the amount claimed does not exceed one hundred 
 dollars (and to recover the i.ossession of pt-rsonal i)roperty, where the value 
 thereof does not exceed one hundred dollars), and actions for forcible entry 
 and detainer or of detainer only of real property, where the title or boundary 
 thereof in nowise comes in question. 
 
 Court Calendar. — 
 
 iSUPREME COURT. 
 
 Chief Jusfire: Bartlett Tripp of Yankton. Axxocintc Justices: C. S. Palmer, Sioux 
 Falls: "VV'iii. II. Francis, Bismarck; Wm. B. McConnell, Fargo ; Chas. M. Thomas, 
 Deadwood ; and James Spencer, Huron. U. <S'. Marshall: D. W. Maratta. U. S. 
 Attorney : John E. Carland, Bismarck. Clerk of Court: J. H. C. Young, Yankton. 
 
 Terms.— Xt Bismarck 1st Tuesday of February. At Yankton, 2d Tuesday of May f 
 At Deadwood, 1st Tuesday of October. 
 
 DISTRICT COURTS. 
 The general terms for the various counties are held as follows :— 
 First Di.stkict.— Chas. M. Thomas, Judpe. Pennington at Rapid City. Sd Tues- 
 day of May, and -Ith Tuesday of Octolier. Custor at Custer, '2.0. Tuesday of June, and 
 ad Tuesday of October. Fall River at Hot Springs, 3d Tuesday of June. Lawrence 
 at Deadwood, 1st Tuesday of January and August. 
 
 Second District.— Bartlett Tv\\tx), Judge. Yankton at Yankton, 1st Tuesday of 
 April, and 2d Tuesday of November." Bon Homme at Bon Homme, 2d Tuesday of 
 September. Charles Mix and Douglass at Wheeler, time fixed by judge. Hutchin- 
 son at Olivet, time fixed by judge. Miner at Howard, 1st Tuesday of jMay. Hanson, 
 Davison and Aurora at Alexandria, 2d Tuesday of June. Brule, BufTalo, Lyman, 
 Presho, Meyer, Tripp and Gregory at Chamberlain, time fixed by judge. 
 
 Tiiinn District.— Wm. B. McConnell, Judge. Cass at Fargo, 1st Tuesday in 
 June and December Pembina and Cavalier at Pembina. 1st Monday in April and 
 October. Grand Forks and Walsh at Clrand Forks, L'd Tuesday of April and 
 October. Ransom at Liston, 2d Tuesday of iMarch. Traill at Caledonia, od Tuesday 
 of April and October. Nelson at Dakota, 'kl Monday of August. Ricliland at Wah- 
 peton, 4th Tuesday of March and 1st Tuesday of October. Sargent at Milnor, time 
 fixed by judge. Ramsey and Towner at Devil's Lake, time fixed by judge. 
 
 ForRTH District. — C. S. Palmer, Judpe. Clay at Vermillion. 1st Tuesday of 
 February and. id Tuesday of .September. Union at Elk Point, od Tuesday of Febru- 
 ary and 1st Tuesday of September. Turner at Swan Lake, 4th Tuesday of February 
 and September. Lincoln at Canton. 2d Tuesday of March and 8d Tuesd.ay in Octo- 
 ber Minnehaha at Sioux Falls, 2d Tuesday of April and November. McCook at 
 Salem, 4th Tuesday in May. Lake at Madison, 1st Tnesday of June. Moody at 
 Flaudrau, .3d Tuesday of June and 1st Tuesday of Januar^. 
 
 Fifth District.— James Spencer, ./i/c/ry. Brookings at Brookings, 2d Tuesday 
 of June and December. Kingsbury at DeSmet, 3d Tuesday of June and Decem- 
 ber. Coddington at Watertown, I'st Tuesday of June and December. Deuel at 
 Gary, 4th .Monday of May. Hamlin at Spauldlng, 4th Tuesday of November. 
 Hughes at Pierre, 2d Tuesday of April and September. Hand at Miller, 4th Tues- 
 day of April and 3d Tuesdav o( October. Beadle at Huron, 1st Tuesday of May 
 and October. Spink at Ashton, 2d Tuesdav of January and July, Brown at 
 Columbia, 3d Tuesday of Januarv and July, Grant at Milbank, od Tuesday of 
 March and November. Edmuinls,'McPh(»rson, Wolworth and Campbell at Ipswich, 
 2d Tuesdav of September. Tlvde, ."d Tuesdav of September, place to be fixed by 
 Judge. Sully at Clifton. 4th Tuesdav of October Marshall and Day at Webster, 2d 
 Tuesday of August. Potter at Forest Citv, 3d Tuesday of February, Faulk at 
 Faulkton. 1st Tuesdav of September and 4th Tuesdav of .lanuary. Clark at Clark, 
 1st Tuesday of February and 3d Tuesday of August. Other counties to be provided 
 for as judge may see fit. 
 
 [Dak, 4.]
 
 130 DAKOTA TERPvITORY. 
 
 SiXTU DisTKicT.— Will. II. Francis, Judge IJurleigli, Emmons, Mcl.ean, Stev- 
 ens, Bowman, Slieridun and (iarfield at Bismarck, 1st Tuesday of March and Sei)- 
 tember. Morton, Hettinger, Oliver, Williams and Mercer, at Mandan, 1st Tuesday 
 of August and .January. Kidder and Logan, at Steele, term fixed by judge. Stuts- 
 man and La Moure, at Jamestown, 2d Tuesday of May and November. Barnes, at 
 Valley Citv, last Tuesday of June. Benson, Rolette, Bottineau and De Smet, at 
 Mlnnewaukon, term fixed by judge. Dickey and Mcintosh, at EUendale, term fixed 
 by judge. Griggs and Steele, at Cooperstown, 2d Tuesday in June. Ward, Renville, 
 Mountraille, Klannerv, Buford, McHenry and Wynn,at Burlington, term fixed by 
 judge. Stark, Bowman, Villard, Billings. Dunn, McICenzie, AUred and Wallace, at 
 Dickinson, term fixed by judge. Foster, Wells and ii^ddy, at Carrington, term fixed 
 by judge. 
 
 Curtesy and Dower,— Al)()li.slie(l. 
 
 Deeds. — Estates in real property, othbr tlian at -vrill, or for a tenii not ex- 
 C ecling one year, can only be transferred liy operation of law, or l)y an 
 i.istrunient in writing-, executed l)y the party disposing thereof, or by his 
 agent thereunto authorized by writing. 
 
 Deeds or grants of laud may be made by either husband or wife without 
 the other joiniug therein, except in ease of the transfer of the homestead, in 
 wiiich case, if the owner be married, husband and wife must join in the exe- 
 tion of the deed. Deeds may be made V>y wife to luisband and eke versa. 
 
 Certificates of acknowledgment should be in the following form : 
 
 State or Tkhuitouy. } 
 COL^TY OK — . i'"' 
 
 On this day of A. D. 18 — , before me (liere insert name and title of 
 
 officer) pei'soually ajjpeared known to me (or proved to me on the oath 
 
 of ) to be the person who is deseribetl in and who executed the within in- 
 
 strumeul, and acknowledged to me that he (or they) executed the same. 
 
 If the instrunu-nt is executed by a corporation, then as follows : 
 
 St.vte ou Tkhritoky. } , 
 County ok — . i ' 
 
 On this day of A. D, 18 — . before me (liere insert name and title of 
 
 officer) })ersonally appeared to me known (or proved to me on the oath 
 
 of ) to ln! tlie president (or secretary) of tlie corporation described in 
 
 and that executed the within instrument, and acknowledged to me that such 
 corporation executed the same. 
 
 If the inslrunicnt is executed by an attorney in fact, tlieii as loUows : 
 
 State oh Tkuuitoky. \ 
 
 County op — . j '"**' 
 
 On this day of A. D, 18 — , before me a (here insert name and title 
 
 of officer) ])ersonally apjteared to me known (or proved to me on the oath 
 
 of ) to be the person who is described in and whose name is subscribed 
 
 to the witliin instrument as tlie attorney in fact of and acknowledged to 
 
 me that he subscribed the name of thereto as principal, and liis own 
 
 name as attorney in fact. 
 
 A conveyance by a married women has the same effect and may be 
 acknowledged in the same manner as if she wei'e unmarrietl. 
 
 It is iin])i)rtant that tlic forms above given ])e clo.sely followed in taking 
 acknowlcdguu'nts of instruments intended for record in tliis territory for 
 the reason that tliey an; the forms prescribed by tiie code, and forthe further 
 reason tliat the Dakota (Mxle do(!S not contain the ])rovisiou found in the 
 statutes of most states and teiritoi'ies. vi/.. : tliat acknowledgments which 
 are certified to iu a f<.)reign state are sufficient if they comply with the lawa 
 of the state or territory where made. 
 
 [Dak. 5.]
 
 DAKOTA TEHUITOllY. 131 
 
 Descent and Distribution. — Tlu-, ])r(>perty, botli real ami personal, of one 
 ■who dies without a will, passes to the heirs, subject to the coutrol of the 
 probate court and to the itossession of any administrator appointed by that 
 court. 
 
 Deposition. — Depositions may be taken in this territory before a judge 
 or clerk of the supreme court or district court, or before a justice of the 
 peace, notary public. United States circuit or district court commissioner, or 
 any jtersnu cini)ow"ered by a sjjccial commission. 
 
 Out of the territory, ilei>ositions may be taken before a judge, justice, 
 clianccUor, or clerk of any court of record, a justice of the peace, notary 
 public, mayor, or chief magistrate of any city or town corporate, a commis- 
 sioner appointed by the g(wernor of. this territoiy to take depositions, or any 
 person authorized by a special commission from any couit of this territory. 
 The officer before whom any deposition is taken mu.st not be a relative or 
 attorney of either party or otherwise interested in the event of the action in 
 which the deposition is to be used. 
 
 Dei)ositions may be taken upon a special commission issued by any court 
 of this territory, or upon notice to tlie adverse paity in writing, which notice 
 shall be served so as to give the party served sufficient time, by the usual 
 route of travel, to attend at the time and place mentioned in the notice. 
 and one day for prei>aration, excluding day of service and Sundays. If so 
 stated in the ut)tice, the examination may be adjourned froni day to day until 
 ■ileposition is complete. If tlie deposition is taken under commission it mu.st 
 0'^ ui)on interrogatories attaciied to the commission. 
 
 When the deposition is taken and properly certitied it must be sealed and 
 
 "; loi'scdwitlithe title of the cause, that it is a deposition taken on behalf 
 
 1 i one of the parties, specifying Avliich one. and the name of the officer tak- 
 
 ag tlie same, and addressed and transmitted by him to the clerk of the 
 
 court or officer or tiibunal where tlu; action is pending. 
 
 In taking and certifying depositions the following forms should be 
 observed : begin the deposition l»y giving the state or tei'ritory, county, 
 court, and title of the action, and piefix to the testimony of each witness 
 the following : 
 
 "Testimony of of the county of and state of taken befoi-e (give 
 
 name and title of officer) at on the day of A. D. 18 — , by virtue 
 
 of the stipulation (or commission) (or notice) hereto attached."" The depo- 
 -sitiou must be written by the officer or in his presence by some disinterested 
 per.son, and at the end of the testimony of each witness the witness must 
 subscribe liis name in the presence of the officer, and the officer sliould attach 
 the usual jurat, "subscribed and sworn to," etc., together with his official 
 signature and seal. When the deposition is otherwise complete attach 
 thereto the following : 
 
 CERTIFICATE. 
 
 , ) .... 
 
 County of . <, ' 
 
 Be it known, that I took the annexed deposition of pursuant to the 
 
 annexed stii)ulation (commission), (notice) ; that I was then and there a 
 
 in and for said county and ; that I exercised the power of that 
 
 office in taking such deposition ; that by virtue thereof, I was then and there 
 authorized to administer an oath ; that each witness, before testifying, was 
 duly sworn to testify the truth, the whole truth, and nothing but the truth, 
 relative to the cause specifted in the annexed stipulation (commission), 
 
 (notiiH') ; that the deposition of each witness was reduced to writing by 
 
 a disinterested and proper ))erson; that the dei)osition of each witness was 
 written and subscribed in mv presence ; that said deposition was taken at 
 
 on the day of 18 — , at o'clock — j\I. ; that the examination 
 
 was conducted on l)ehalf of the plaintiiT by ; that the examination was 
 
 conducted on behalf of the defendant by . 
 
 Witness mv hand (and seal) this day of 18 — . 
 
 [L. S.] ■ . 
 
 [Dak. 6]
 
 182 DAKOTA TERRITORY. 
 
 Every deposilioii intuiKied to l)o read in evidence on the trial must be filed 
 with the clerk of court at least one day before the trial. 
 
 Divorce. — -Divorces may be ^^ranted for any of the following causes : 
 adultery, extreme cruelty, conviction for felony, and cither wilful desertion, 
 wilful neglect or habitual intemperance for one year imniediately preceding 
 commencement of the action. 
 
 Divorce will be denied if there has been an unreasonable lapse of time, 
 and unless plaintiff has been a resident in good faith of the territory for 
 ninety days before the commencement of the action. 
 
 Execution.— Execution may is.sue at any time within five years after entry 
 of judgment. After the lapse of five years from entry of judgment execu- 
 tion can only be issued by leave of the court, unless within the five years 
 execution has been issued and returned unsatisfied in whole or in part. 
 
 The execution must be returned to the clerk of the court, by the officer, 
 within sixty days after its receipt by him. 
 
 Real property sold upon execution may be redeemed by the judgment 
 debtor, or his successor m interest, or by a creditor having a judgment lien 
 or mortgage upon the premises sold, at any time within one year after the 
 sale. 
 
 There is no stay of execution in this territory except upon appeal from 
 judgment, and filing an undertaking conditioned for the payment or perform- 
 ance of the judgment in case the same is affirmed by the appellate court. 
 
 Executors. — The probate court after will is proved and allowed, must ap- 
 point the persons named therein, if they are competent to act. Any one over 
 the age of majority, not disqualified, may act. A married woman may act 
 the same as f&mme sole, provided she is named in the will. "When an unmar- 
 ried woman, appointed executrix, marries, her authority is extinguished, ^ 
 
 Exemptions. — The following property is absolutely exempt from attach 
 ment or mesne process, and from levy and sale on execution. All family 
 pictures, a pew or any other sitting in nny house of worship ; a lot or lots in 
 any burial ground ; the family bible, and all school books used by the family, 
 and all other books not exceeding in value, one hundred dollars ; all wearin .; 
 apparel and clothing of the debtor and his family ; provisions for the debtor 
 and his family, necessary for one year's supply, and also fuel necessary for 
 one year, and the homestead as created, defined or limited bylaw. Asid'? 
 from these absolute exemptions the debtor may select from all other of his 
 personal property, goods, chattels, merchandise, or money, not to exceed in 
 the aggregate, fifteen hundred dollars; or in lieu thereof, he may select 
 books and musical instruments of the value of five himdred dollars, kitchen 
 and household furniture and bedding, of the value of five hundred dollars, 
 three cows, ten swine, one yoke of cattle, two horses or mules, one hundred 
 sheep and their lambs under six months old, and all wool therefrom, and all 
 cloth or yarn manufactured from such wool, and the food necessary to keep 
 such animals for one year ; also one wagon, one sleigh, two ploughs, one 
 harrow and farming utensils, inckuling tackle for teams, not exceeding three 
 hundred dollars in value ; the tools of any mechanic used and kept for the 
 purpose of carrying on his trade, and in addition thereto, stock in trade of 
 the value of two hundred dollars. The library and instruments of any pro- 
 fessional person, not exceeding six hundred dollars in value. 
 
 None but the absolute exemptions above specified, are allowed to either a 
 corporation, for profit, a non-resident, a debtor who is in the act of removing 
 from the territory with his family, a debtor who has absconded, taking his 
 family with him, or any person against whom an execution or other process 
 issues, vipon a debt incurred for property obtained under false pretenses, or 
 as against an execution issued for the recovery of laborers' or mechanics' 
 wages, or physician's bills. No exemption exists as against execution issued 
 for the purchase-money of property, real or personal. 
 
 [Dak.. 7.]
 
 DAKOTA TERRITORY. 133 
 
 A partnership firm can claim but one exemption of fifteen hundred dollars, 
 or the alternative property, and not a several exemption for each partner. 
 
 Homenteadn. — Every family resident in this territory, may hold as a home- 
 stead within a town, a traet of land not greater than one acre, and if not 
 within a town, a tract not exceeding one hundred and sixty acres. There is 
 no limit.ation as to its value, and it is absolutely exemi^t, except for a debt 
 created for the i)urchase thereof, or for taxes thereon. (Pel. C, chap. 38.) 
 
 Evidence . — ( See Witnesses. ) 
 
 Factors. — A factor, in addition to general .authority f)f agents, has, unless 
 actually restricted, authority to insure uninsui'ed property, consigned to 
 him ; to sell on credit, unless contrary to usage, but not to pledge or mort- 
 gage, and to delegate his authority to his partner or servant. 
 
 False Pretense. — False pretense is punished by imprisonment in the ter- 
 ritorial prisun. nut exceeding three years, or in county jail not exceeding one 
 year, or by a fine not excee<ling three times the value of the money or pro- 
 perty so obtained, or by both such fine and imprisonment. 
 
 Frailds, Statute of.— No sale of personal property, nor agreement to buy- 
 er sell it for a ]>nce L>f fifty dollars or more, is valid, unless the agreement or 
 some note or meniorandixm thereof be in writing, and subscribed by the 
 party to be charged or his agent, or the buyer accepts and receives part of 
 the things sold, or, if a thing inaction, part of the evidences thereof, or some 
 of tliera, or the buyer at the time of sale pays part of the i>rice. An agree- 
 ment to manufacture a thing f lom materials furnished, is not within the pro- 
 visions of above. 
 
 No agreement for the sale of real property or an interest therein, is valid, 
 i;nless it or some note or memorandum thereof be in writing, and subscribed 
 Ly the party to be charged, or his agent, authorized in writing ; but the court 
 can compel the specific pei'formance of an agreenient in case of pai't j)er- 
 ft)rmauce. 
 
 Garnishment. — Not allowed by laws of this territory. 
 
 Grace. — {See •' Xegotiahle Ltstrutneiits.") 
 
 Homestead. — {See Exemptions. ) 
 
 Insolvency. — ( See Assignment. ) 
 
 Interest and Usury. — Legal rate seven per cent. A person taking, re- 
 ceiving, retaining, or contracting for any higher rate than twelve per cent, 
 shall forfeit all the interest, but can recover all the ])rincipal. Anyone who 
 has paid more than twelve per cent, per annum, may recover all excess so 
 paid, in an action in the proper court. May contract for any rate not ex- 
 ceed ing twelve per cent. 
 
 Judgments.— .Tudgments are entered by the clerks of the district courts 
 iipon tiie «irdt'r of the court or a judge thereof, and these courts are always 
 open for tlie entry of judgments. 
 
 From the time of the docketing of a judgment, the same becomes a lien 
 upon all tlie real property of the defendant, except the homestead, situated 
 in the county where the JTulgment is docketed, and such judgment remains 
 a lien thereupon for the period of ten years from the date of docketing. 
 
 The jiulgment of the courts of any state or territory of the United States 
 must bo proved or admitte<l in any t;oiut of this territory by the attestation 
 of the clerks of such courts, together with a certificate of the judge or pre- 
 siding magistrate that sucli attestation is in due foi-m. {See Actions.) 
 [Dak. 8.1
 
 134 DAKOTA TERRITORY. 
 
 Lease. — A ]o:i,-e f<ir more tlian one year must be in writing, and to be 
 valid ajrainst any subsequent ])uruhaser or incumbrancer, in good faith and 
 for a valuable consideration, must be recorded. 
 
 Liens. — An attorney has a lien for his compensation upon the papers or 
 money of his client which may be in his hands, or upon money due his 
 client in the hands of the adverse paily, or upon the judgment obtained by 
 his client. 
 
 Every mechanic or other person who performs labor or furnishes material 
 or machinery or fixtures for any building, erection or improvement upon 
 land, shall have a lien therefor upon any such building, erection or improve- 
 ment, and upon the land belonging to the owner of such building upon 
 which the same is situated. 
 
 Any farmer, ranchman, or herder of stock, tavern or stable keeper to 
 whom any live stock may be intrasted for keeping, may retain possession of 
 such stock until he is paid for their keei>mg. 
 
 Contractors must file with clerk of the district court a verified statement 
 of their account within ninety days after the work is done or material fur- 
 nished, and sub-contractors within sixty days. No lien is allowed if security 
 has been taken for the same debt. 
 
 Limitations. — The periods within wliich actions may be commenced in 
 
 this territory, are as follows : Within twenty years : Actions for recovery 
 of real property or the possession theieof ; actions upon judgments or 
 decrees of any court of the United States, or of any state or territory within 
 the United States ;* actions upon sealed mstniments. Within six years : 
 Actions upon contracts, obligations, or liabilities express or implied, except- 
 ing those above specified ; actions upon statutory liabilities other than pen- 
 alties or forfeitures ; actions for trespass upon real property ; actions for 
 taking, detaining, injuring, or for the recovery of personal property ; actions 
 for criminal conversation, or other injuries to the persons or rights of others, 
 not arising on contract, except as hereinafter specified ; actions for relief on 
 the ground of fraud in cases which were heretofore solely cognizable by a 
 court of chancery, the cause of action in such cases not to be deemed to 
 have accrued until the discovery of the facts constituting the fraud. Within 
 three years : Actions against sheriffs, cononers or constables, upon liabili- 
 ties incurred by the performance of official acts, or the omission of official 
 duties, excepting actions for the escape of prisoners under civil arrest ; 
 actions upon statutes for penalties or forfeitures where the right of action is 
 given to the party aggrieved, or to svich party and the territory. Within 
 two years : Actions for libel, slander, assault, battery or false imprisonment ; 
 actions upon statutes for penalties of forfeitures to the people of the terri- 
 tory. Within one year : Actions against sheriffs or other officers for the 
 escape of prisoners arrested or imprisoned on civil process. All other actions 
 nuist be brought within ten years after the cause of action shall have 
 accrued. 
 
 An action is deemed commenced when the summons is sei-ved on the de- 
 fendant, or when it has been placed in the hands of the proper officer with 
 intent that it shall be actually served. 
 
 If at the time a cause of action accrues againat a person he is not a resi- 
 dent of the territory, the time limited for the commencement of an action 
 against him does not begin to run until he returns; if after^ the cause of 
 action accrues, he leaves the territory, the period of his absence is not a part 
 of the time limited for the commencement of the action. 
 
 * While an action upon a judgment may be commenced at anytime within 
 twenty years, it will be observed that the code expressly limits tli<^ lien of a judi;- 
 inent lis to real property to ten years. (See Judgments.) 
 
 [Dak. «.]
 
 DAKOTA TERRITOllY. ' 135 
 
 Limited Partnership. — A limiti'd iiartm'ishipiiiay ])c uiniutl of any mim- 
 her oi peTsoiis, uiiou sLVcrally ssiguiu'^ a ca-rtificatf, stating- tlic iiaiuc ufpart- 
 iiersliip, nature of the Inisincss, names of all the partners and residences, 
 specifyintf the general and special jtartners, and the amount of capital of each 
 special i)artner ; such certificate must be acknowledi^ed, and one tiled in the 
 office of the clerk of the courts, and one recorded in the office of the register 
 of deeds, in the county where the firm does business; if it does business in 
 other county, a copy of the certificate, certified by the register of deeds in 
 whose office it is recorded, must be filed in the office of the clerk of court 
 and register of deeds of such county. Any false statement renders the spe- 
 cial partners liable as general, otherwise t)nly the capital contributed is lia- 
 ble. The law must be strictly complied with. 
 
 Married Women. — As to their individual property, married women in this 
 territory, have the same rights and powers as unmarried women. 
 
 The earnings of the wife are not liable for the debts of the husband. 
 
 Mechanics' Liens.— (-'''''' rjcus.) 
 
 Minors. — Minors are males under twenty-one, and females under eighteen. 
 
 Mortgages of Real Estate.— All mortgages of real estate must be in 
 Avritmg, and nuist be executed and recorded in the manner required by law 
 lor the execution and recording of deeds. 
 
 Upon default in any condition (jf a mortgage, containing a power of .sale, 
 whereby such power of sale lieconies operative, such mortgage may be fore- 
 closed, either by advertisement or action. If foreclosed by advertisement, 
 notice of foreclosure must be published in some newspaper of the county 
 where the property is situated, for six successive weeks. If foreclosed by 
 actii>n, t!ie action must be brought in the district court of the county where 
 the mortgaged property, or some port ion thereof is situated, and judgment may 
 be enterJil, ordering a sale of the mortgaged property, and if the proceeds 
 of such sale are not sulHi'icnt to satisfy the mortgage debts and costs, an 
 execution issue for the b.ilance. Sales upon judgment of foreclosure must 
 be made upon notice, published fur tliirty days in some newspaper of the 
 county where the propeity is. All foreclosure sales must be by public auc- 
 tion ill the county where the mortgaged property is situated, and may be made 
 by the sheriff of su"h county, or by a referee appointed by the court for that 
 purpose. Tiie mortgagee may be a purchaser at sucii sale, but no purchaser 
 at such sale is entitled to possession of the premises until the expiration of 
 the perioil of one year allowed for redeuiptiou fi-om such sale. The sheriff 
 or person making the sale, shall immediately give to the purchaser, a certifi- 
 cate of sal(!, and at the expiration of one year, if redemption be.not sooner 
 made, such sheriflf or other person, or his successor, shall execute and deliver 
 to such i)urcliascr a deed of the premises so sold. (C. C. P., §§ 597-6o4.) 
 
 Negotiable Instruments. — Negotiable instruments payable to bearer, may 
 be transferred by simple delivery; if to order, by endorsement. A negotiable 
 instrument made payable to the order of the maker thereof, or to a fictitious 
 person, has the same eifect agahist the maker and all other persons having 
 notice of the facts, as if jxiyable to bearer. 
 
 Unless there be an express stipulation to the contrary, three days of grace 
 are allowed upon all bills of exchange or prt)missory notes, whether time is 
 specified ujion their face or not ; but Sundays and holidays are excluded from 
 the computation of days of grace. 
 
 Attorneys' fees stipulated for in a promissory note, are collectible, but such 
 stipulation renders the note non-negotiable. 
 
 Oaths and AflB.davitS. — Oaths may be administered by each justice of the 
 supreme court, notaries public, clerks of the supreme and district courts and 
 [Dak. 10.]
 
 136 DAKOTA TERRITORY. 
 
 their deputies, county clerks and their deputies, county conuuissioners, 
 judges of probate and justices of the peace, within their respective counties. 
 Affidavits may be made in and out of this territory before any persou au- 
 thorized to administer an oath. 
 
 Partnership. — Governed by general law, except that any partnership 
 doing business under a tictitious name, or a designation not showing the 
 names of the partners, must file with the clerk of the district court a certifi- 
 cate stating the names in full of all the members, and their places of resi- 
 dence, and publish the same once in a week, for four successive weeks, in a 
 newspaper i)ublished in the county, if there be one, if not, in one in an ad- 
 joining county. 
 
 Practice. — Civil practice in the territory is governed by the code of civil 
 procedure, and the criminal practice by the code of criminal ijrocedure. 
 
 ' Promissory Notes. — (See ^' JVefjotiaUc Instruments.'''') 
 
 Provisional Remedies in Civil Actions— Arorst and Bail— The defend- 
 ant may be arrested in a civil action in the following cases : In an action for 
 damages on a cause of action not arising upon contract, where defendant is 
 a non-resident or is about to remove from the territory, or where the action 
 is for an injury to person or character, or for injuring or wrongfully taking 
 detaining, or converting property ; in an action for a fine or penalty, or on a 
 promise to mai-ry, or for money received, or for property embezzled or fraudu- 
 lently misapplied by a public officer, an attorney, solicitor, or counselor, 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 profes- 
 sional employment ; in an action to recover personal property unjustly de- 
 tained, where the property has been concealed, removed, or disposed of, so 
 that it cannot be found, with intent to deprive the plaintiff of the benefit 
 thereof ; where the defendant has been guilty of fraud in contracting the 
 debt for which the action is brought, or when the action is brought for fi-aud 
 or deceit ; where the defendant has removed or disposed of his property, 
 Avith intent to defraud his creditors. But no female can be arrested in any 
 action, except for vfilful injury to person, character, or property. The order 
 of arrest must be procured from a judge of the court in which the action is 
 brought. The sheriff executes the order by arresting the defendant, and 
 will keep him in custody until he has furnished a bond for, or deposited the 
 sum mentioned in the order. 
 
 The defendant may be arrested either before or after judgment is obtained 
 against the defenilant, in such an action, and an execution against tlie de- 
 feiidant's property returned unsatisfied in whole or in part, an execution may 
 issue against the persou of the defendant, iand he shall then be committed to 
 the comity jail, until the judgment is paid, or he is discharged according to 
 law. Every i)ersi)n so committed to jail will be discharged at the end of ten- 
 days, upon application, if it ap^iears to the satisfaction of the court, upon, 
 liearing, that the defendant has no property witli which to satisfy the judg- 
 ment, and that since judgment, he has not disposed of any of his property 
 Avitii design to secure the same to his own use or to hinder, delay or defraud 
 his creditors. But if the court is satisfied, upon the examination, that those 
 facts do not exist, the defendant will be recommitted to jail, and cannot 
 again apply for discharge, except upon the grounds of newly discovered evi- 
 dence, or for other good cause shown. Tlie expense of the keeping of sucli 
 defendant while in jail, must be paid to the jailor by tlie plaintiff, or the 
 defendant will be released. 
 
 Attachment. — In an acti(m arising on contract, for the recovery of money 
 only, or in an action for the wrongful conversion of personal property, 
 against a corporation created by or under the laws of any other territory 
 
 [Dak. 11,]
 
 DAKOTA TERRITORY. 137 
 
 state, government, or country ; or against a defendant who is not a resident 
 of this territory ; or against a defendant who has absconded or concealeil 
 himself; or whenever any person or corporation is about to remove any of 
 his or its property from this territory ; or has assigned, disposed of, secreted, 
 or is about to assign, dispose of, or secrete, any of liis or its property, with 
 intent to defraud creditors, as hereinafter mentioned, — the plaintitt', at any 
 time of issuing the summons, or any time afterwards, may have the property 
 of such defendant or corporation attaclied as a security for the satisfaction 
 of such judgment as the plaintiff may recover. 
 
 Recording. — Judgments affecting the title to or possession of real estate, 
 authenticated by the clerk of the court in which such judginents were ren- 
 dered, letters patent from the United States, and United States receivers' 
 final receipt may be recorded without acknowledgment or further proof. 
 All other instruments must be acknowledged by party executing it, or 
 proved by subscribing witness to entitle it to record. 
 
 Redemption.. — {See Slortgages.) 
 
 Replevin. — This actitm in this territory is called " claim and delivery," 
 anil the judgment is either for the return of the property or the value 
 thereof in case a return cannot be made with damages for the detention. 
 
 • 
 Revision. — Wlien through fraud, or mutual mistakes of the parties, or a 
 mistake of one party which the other at the time knew or suspected, a writ- 
 ten contract does not truly express the intention of the parties, it may be 
 revised on the application of the party aggrieved, as far as it can be done 
 Avithimt prejudice to rights of third persons in good faith and for value. 
 
 Revenue. — AH taxable property is listed and assessed each year on, or as 
 soon as practicable after the first Monday in 3Iay, including all property 
 owned on the first day of April of that year. 
 
 The undivided property of a deceased person, belonging to his heirs, is 
 listed as belonging to them without enumerating them. 
 
 Taxes become delinquent on the first ]Monday of February of the year 
 after which they were assessed, and draw ten jier cent, interest after that 
 time. There is also a penalty of five per cent, on the amount due added at 
 the time taxes became delincpient, and one per cent, per month thereafter 
 until paid. 
 
 As between vender and purchaser, taxes became a lien upon real estate on 
 the first day of November of each year, and remain a perpetual lien there- 
 upon, except as against the United States and the territory. Personal prop- 
 erty taxes are a lien vipon the real property owned, or which may be ac- 
 quired by the person from whom they are due. 
 
 Seal.— Not essential to the validity of an instrument. All distinctions 
 between sealed and unsealed instruments are abolished. 
 
 Security for Costs.— ('?cc Actions.) 
 
 Stay of Execution.— (-S'ee Execution.) 
 
 Taxation.— ('S'fc Bercmie.) 
 
 Trust Deeds. — Are rare in this territory. Express trusts may be created 
 iov certain spt-citied purposes. 
 
 Usury. — {See Intcreat and I'xury.) 
 
 Wages. — ( See Liens. ) 
 [Dak. J2.j
 
 138 DAKOTA TERRITORY. 
 
 Wills. — Every person over the age of eigliteeu years, of sound mind, may, 
 by last will, dispose of all his real and personal estate. A married woman 
 may disj)ose of her separate estate by will, without the consent of her 
 husband. 
 
 A will that is entirely written, dated and signed by the hand of the testa- 
 tor, is subject to no other form, and need not be witnessed. Every will 
 other than a nuncupative or olograiihic will must be executed and attested as 
 follows : It must be subscribed at the end thereof by the testator himself, or 
 some person in his presence, and by his direction, must subscribe his name 
 thereto ; the subscription must be made in the presence of the attesting wit- 
 nesses, or be acknowledged by the testator to them, to have been made by 
 him, or by his authority ; the testator must at the time of subscribing or ac- 
 knowledging the same, declare to the attesting witnesses that the instrument 
 is his will, and there must be two attesting witnesses, each of whom must 
 sign his name as a witness, at the end of the will, at testator's request, and 
 in his presence. The witnesses should also write with their names, their 
 places of residence. 
 
 A will of real or personal property or both, made out of tliis territory by 
 a person not having his doinicile in this territory, is valid as to property in 
 this territory, if it is executed according to the law of the place where 
 made. 
 
 Witnesses. — Any i>erson can be a witness, except that a husband or wife 
 cannot be examined for or against each other, without their consent, nor 
 without such consent can either be examined as to any communication made 
 by one to the other during marriage, but this does not apply to a civil action 
 by one against the other, nor to a criminal action for a crime committed by 
 one against the other. 
 
 TDak. 13.3
 
 DAKOTA TERRITORY. 
 
 139 
 
 ATTORNEYS IN DAKOTA TERRITORY. 
 
 Bold Face Type denotes county scats. A dash (— ) less than 100 population. 
 Fiiscurcs after names, when admitted to the Bar. A star (*) Notaries Public. 
 A double dajrser (J) our Compiler of Laws. 
 A dagger (t) former recommendation withdrawn. 
 
 Aberdeen 
 Alexandria 
 
 Altooiia 
 
 Ashton 
 
 Bangor 
 
 Bartlett 
 
 Bathgate 
 
 Big Stone City. 
 
 Bismark 
 
 Bon Homme 
 
 Blunt 
 
 Bridgewater 
 
 Brookings 
 
 Buchanan 
 
 Buffalo Gap 
 
 Burdette 
 
 Burlington 
 
 Caledonia 
 
 Canton 
 
 Carrington 
 
 Carthage 
 
 Casselton 
 
 Castlewood 
 
 Chamberlin 
 
 Clark 
 
 Clifton 
 
 Cooperstown 
 
 Columbia 
 
 Custer 
 
 Dawson 
 
 Deadwood 
 
 De Smet 
 
 Devils Lake 
 
 Diana 
 
 Dickinson 
 
 Del Rapids 
 
 Doland 
 
 Egan 
 
 Elk Point 
 
 Ellendale 
 
 Estelline 
 
 Brown 
 
 Hanson 
 
 Beadle 
 
 Spink 
 
 Walworth 
 
 Ramsey 
 
 Pembina 
 
 (xrant 
 
 Burleigh 
 
 Bon Homme 
 
 Hughes 
 
 McC'ook 
 
 Brookings 
 
 Emmons 
 
 (Ulster 
 
 Hand 
 
 Ward 
 
 Trail 
 
 Lincoln 
 
 Foster 
 
 Miner 
 
 Cass 
 
 Hamlin 
 
 Brule 
 
 (;iark 
 
 Sully 
 
 Griggs 
 
 Brown 
 
 Custer 
 
 Kidder 
 
 Lawrence 
 
 Kingsbury 
 
 Ramsey 
 
 Sanborn 
 
 Stark 
 
 Minnehaha 
 
 Spink 
 
 Moody 
 
 Union 
 
 Dickey 
 
 Hamlin 
 
 NAMES OF ATTORNEYS. POPULA N, 
 
 E. T. Taubman. '7(5 2,164 
 
 R. M. Dott. 540 
 
 E. Wilson. 400 
 C. Atwood. , 489 
 I. Pearson. — 
 W. H. Standish. 375 
 T. W. Gaifnev. 361 
 Bennett & Eldridge 367 
 tF. V.Barnes. 3,067 
 
 See Card in Appendix, page iv. 
 
 {See Tyndnll.) 150 
 
 J. A. White. 327 
 
 W. A. Morse. 387- 
 
 ]\ratthews & jMurphy. 721 
 
 W. W. Goodwin. — 
 
 LOOMIS S. CULL. '83 — 
 
 J. O'Dean. — 
 
 Jas. Johnson. — 
 
 A. C. Hurst. 225 
 J. AV. Taylor. 1,002 
 Quimby & Quind)y. 430 
 .7. J. Ahern. 150 
 R. M. Pollock. 1,365 
 John P. Cheever. 260 
 Stroube & Drury, 1,550 
 
 F. A. Brown. 527 
 {See Hi(jJimore.) 517 
 1. Jacobson. 318 
 James Wells. 639 
 
 B. R. Wood. 400 
 Thomas Neill. 213 
 McLaughlin & Steele. 1,768 
 A. E. Nutt. 400 
 J. W. Maher. 900 
 J. E. Whiting. 176 
 AV. Gibson. 414 
 A. Thorne. 1,008 
 E. B. Koons. 103 
 R. Brennan. 327 
 A. D. Keller. 1,085 
 JAMES M. AUSTIN. "86 701 
 J. B. Schoenfelt. 334
 
 140 
 
 DAKOTA TERRITORY. 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. POPULA'N. 
 
 Pargo 
 
 Cass 
 
 WM. H. BECKER. 
 
 8,201 
 
 Port Randall 
 
 Todd 
 
 D. L. Pratt. 
 
 265 
 
 Porest City 
 
 Potter 
 
 ( See Bangor. ) 
 
 203 
 
 Forman 
 
 Sargent 
 
 Hon. James H. Vail.* '53 
 
 »SV e Card in Appendix, page iv. 
 
 — 
 
 Faulktoii 
 
 Faulk 
 
 A. W. Morse. 
 
 — 
 
 Ilandraw 
 
 Moody 
 
 Rice Bros. 
 
 582 
 
 Frankfort 
 
 Spink 
 
 J. Wallbridge. 
 
 225 
 
 Gary 
 
 Dewel 
 
 G. Westcott. 
 
 504 
 
 (llad.stone 
 
 Stark 
 
 .1. G. Campbell. 
 
 195 
 
 Grafton 
 
 Walsh 
 
 Cleland & Sauter. 
 
 2,225 
 
 Grand Forks. 
 
 Grand Forks 
 
 k .JOHN M. COCHRANE. 
 i R. W. Cutts. '76 
 
 4,692 
 
 Grand Eapids 
 
 La Moine 
 
 E. M. Whitman. 
 
 — 
 
 Grand View 
 
 Dovxt^las 
 
 Paul Grabill. 
 
 211 
 
 Hamilton 
 
 Pembina 
 
 INIcMillan »fc Muir. 
 ( MARTIN, E. S. 
 \ SINON. M. G. '84 
 ( WHITCHER, L. E. 
 
 254 
 
 Higlimore 
 
 Hyde 
 
 319 
 
 
 
 
 Hillsboro 
 
 Traill 
 
 Francis & Carmody. 
 
 750 
 
 Hope 
 
 Steele 
 
 T. K. Hulme. 
 
 100 
 
 Howard 
 
 Miner 
 
 Farmer & Wells 
 
 750 
 
 Hot Springs 
 
 Fall River 
 
 S. E. Wilson. 
 
 113 
 
 Hurley 
 
 Turner 
 
 C. PL Goddard. 
 
 100 
 
 Huron 
 
 Beadle 
 
 F. F. Randolph. 
 
 2,890 
 
 Ipswich 
 
 Edwards 
 
 Duggan, Wayne & Downing. 
 
 115 
 
 Ir.jciuois 
 
 Kingsbury. 
 
 Karl Gerner. 
 
 700 
 
 Jamestown 
 
 Stutsman 
 
 f LEWIS T. HAMILTON.* '80 
 1 Refers to Lloyds. Baidcers, 
 1 and A. Klaus, P. M., 
 |_ Jamestown, Dak. 
 
 2,482 
 
 Keystone 
 
 Dickey 
 
 Nickens & Baldwin. 
 
 300 
 
 Kimball 
 
 Bruel 
 
 AV. A. Caldwell. 
 
 .1,596 
 
 Koto 
 
 McPhersou 
 
 A. E. Roberts. 
 
 — 
 
 La Grace 
 
 Cami)bell 
 
 J. A. Kelley. 
 
 365 
 
 Lake Preston 
 
 Kingsbury. 
 
 W. Fifield. 
 
 4(0 
 
 La Kota 
 
 Nelson 
 
 J. A. Owen. 
 
 200 
 
 La Moure 
 
 La Moure 
 
 J. M. Bartholomew. 
 
 662 
 
 Laiimore 
 
 Grand Forks 
 
 W. H. Fellows. 
 
 850 
 
 La Toon 
 
 Faulk 
 
 Bottinn & Johnson. 
 
 200 
 
 Lead CUty 
 
 Lawrence 
 
 W. A. Rhinehart. 
 
 1,206 
 
 Le l^eaw 
 
 Walworth 
 
 W. H. Burns. 
 
 117 
 
 leola 
 
 McPhersou 
 
 Clias. N. Herreid. 
 
 115 
 
 Lisbon 
 
 Ransom 
 
 (roodwin, Van Pelt & Gamon. 
 
 231 
 
 Madison 
 
 Lake 
 
 C. B. Kennedy. 
 
 800 
 
 Mandau 
 
 Morton 
 
 F. E. Bowen.' 
 
 2,263 
 
 Mapes 
 
 Nelson 
 
 {Bee DetiVs Luke.) 
 
 250 
 
 Mayville 
 
 Traile 
 
 Ames tt Stomner. 
 
 453 
 
 Micbi<;an 
 
 Nelson 
 
 T. W. Bean. 
 
 130 
 
 Millbank 
 
 Grant 
 
 J. F. Fisher. 
 
 1,400 
 
 Miller 
 
 Hand 
 
 Minnesela 
 
 Butte 
 
 Milnor 
 
 Sargent 
 
 Minnewaukon 
 
 l>enson 
 
 Miiito 
 
 Walsh 
 
 Mitchell 
 
 Davison 
 
 r Geary, G. A. '60 
 
 I HARTLEY,* C. G. '84 
 
 I WHJJAMS, '74 {M. E.) and 
 L PYLE. (.INO. L.) '85 
 
 (See Bcadwood.) 
 
 FVishop & Babcoek. 
 
 I.. E. Campbell. 
 
 .las. (Tarbutt. 
 
 Laird A: Whittlesey. 
 
 630 
 
 631 
 
 950 
 353
 
 DAKOTA TERRITORY. 
 
 141 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. POPULA'n. 
 
 Montrose 
 
 3IcCook 
 
 M. A. Butterfield. 
 
 ll.S 
 
 Mt. Vernon 
 
 Davidson 
 
 E. S. Johnson. 
 
 444 
 
 Northville 
 
 Spink 
 
 George Britton. 
 
 132 
 
 Olivet 
 
 Hutchinson 
 
 G. P. Harben. '09 
 
 365 
 
 Parker 
 
 Turner 
 
 Haines & llouts. 
 
 567 
 
 Park River 
 
 Walsh 
 
 H. W. Phelps. 
 
 500 
 
 Pembina 
 
 Pembina 
 
 Keenstraw & Bevans. 
 
 755 
 
 Pierre 
 
 Hughes 
 
 C. D. Meade. 
 
 1,527 
 
 Plankinkton 
 
 Aurora 
 
 W. M. Smith. 
 
 1,069 
 
 Portland 
 
 Traile 
 
 G. A. White. 
 
 350 
 
 Pukwana 
 
 Brule 
 
 Edwin Greene. 
 
 175 
 
 Redfield 
 
 Spink 
 
 C. F. Howard. 
 
 621 
 
 Rapid City 
 
 Pennington 
 
 0. L. COOPER. '69 
 
 1,875 
 
 Ree Heights 
 
 Hand 
 
 S. V. Christ. 
 
 156 
 
 Roscoe 
 
 Edmunds 
 
 WM. W. HUGHES.* '7G 
 
 359 
 
 Salem 
 
 McCook 
 
 A. C. Biernatzki. 
 
 650 
 
 Sanborn 
 
 Barnes 
 
 V. J. G. Shaw. 
 
 850 
 
 Scotland 
 
 Bon Homme 
 
 Robert DoUard. 
 
 837 
 
 Scranton 
 
 Walworth 
 
 J. M. Paul. 
 
 — 
 
 Sheldon 
 
 Ransom 
 
 N. S. Sanford. 
 ( J. H. JONES. '70 
 
 400 
 
 Sioux Falls 
 
 Minnehaha 
 
 { WYNN '70 & YOUNG. '75 
 (\ K G. Wright. 
 
 7,205 
 
 Speartish 
 
 Lawrence 
 
 W. W. Bradley. 
 
 808 
 
 Springfield 
 
 Bon Homme 
 
 R. Mullenger. 
 
 113 
 
 Steele 
 
 Kidder 
 
 Chas. H. Stanley. 
 
 651 
 
 St. Lawrence 
 
 Hand 
 
 J. H. Baldwin. 
 
 150 
 
 Sturgis 
 
 Lawrence 
 
 CHAS. C. POLK. '83 
 
 1,155 
 
 Sykeston 
 
 Wells 
 
 A. G. Covell. 
 
 — 
 
 Tower City 
 
 Cass 
 
 Locklin & Clapp. 
 
 763 
 
 Tyndall 
 
 Bon Homme 
 
 Day & Elliott. 
 
 355 
 
 Valley City 
 
 Barnes 
 
 GEO. K. ANDRUS. '79 
 
 1.500 
 
 Vermillion 
 
 Clay 
 
 Jolley & Schull. 
 
 i;054 
 
 Volga 
 
 Brookings 
 
 Cady & Wright. 
 
 725 
 
 Wahpeton 
 
 Richland 
 
 S. H. Snyder. 
 
 1,954 
 
 Walballa 
 
 Pembina 
 
 H. T. Bevins. 
 
 426 
 
 Wamdnska 
 
 Nelson 
 
 D. S. Dodds. 
 
 100 
 
 Waterto-^Ti 
 
 Codington 
 
 Hon. A. L. Buell. 
 
 2,809 
 
 Washburn 
 
 McLean 
 
 C. H. Howell. 
 
 168 
 
 Webster 
 
 Day 
 
 E. Huntingdon. 
 
 4oa 
 
 Wessington 
 
 Beadle 
 
 E. H. Hance. 
 
 349 
 
 Wessington Sp'gs 
 
 Jerauld 
 
 Chas. W. McDonald. 
 
 — 
 
 Wheeler 
 
 Charles Mix 
 
 A. Grimes. 
 
 loa 
 
 White Lake 
 
 Aurora 
 
 •J. Jones. 
 
 546 
 
 Williamsport 
 
 Emmons 
 
 H. A. Armstrong. 
 
 — ■ 
 
 Wilmot 
 
 Roberts 
 
 F. A. Countryman. 
 
 457 
 
 Wolsey 
 
 Beadle 
 
 C. D. Foster. 
 
 653 
 
 Woonsocket 
 
 Sanboin 
 
 N. B. Reed. 
 
 685 
 
 Yankton 
 
 Yankton 
 
 Gamble Bros. 
 
 3,94a
 
 142 
 
 DAKOTA TERRITORY 
 
 BANKS IN DAKOTA TERRITORY. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital of one 
 bank in each county of tiiis state in which sucli a banking institution is located. 
 
 
 
 
 PAID UP 
 
 PLACE. 
 
 NAME OF BANK. 
 
 CASHIER. 
 
 CAPITAL. 
 
 Alexandria 
 
 Farmers' Bank 
 
 M. C. Whitney. 
 
 $ 30,000 
 
 Ashton 
 
 First National Bank 
 
 F. W. Kammann. 
 
 50,000 
 
 Bismark 
 
 a ic a 
 
 Geo. H. Fairchild. 
 
 100,000 
 
 Brookings 
 
 (< (> a 
 
 Horace Fishback. 
 
 50,000 
 
 Canton 
 
 a a a 
 
 J. H. Gale. 
 
 50,000 
 
 •Chamberlain 
 
 First National Bank 
 
 Patrick Henry. 
 
 50,000 
 
 Clark 
 
 a i( a 
 
 Carl Jackson. 
 
 50,000 
 
 Columbia 
 
 (i U (( 
 
 Charles A. Baker. 
 
 50,000 
 
 Custer City 
 
 Bank of Custer 
 
 (D. Carrigan.) 
 
 24,145 
 
 Deadwood 
 
 First National Bank 
 
 D. McPherson. 
 
 100,000 
 
 Dell Rapids 
 
 ii (( ti 
 
 Frank J. Eighmey. 
 
 50,000 
 
 De Smet 
 
 a ii a 
 
 P. Lawrence. 
 
 50,000 
 
 Devil's Lake 
 
 i> (( a 
 
 Geo. Juergens. 
 
 50,000 
 
 Dickinson 
 
 Stark County 
 
 A. Hilliard. 
 
 25.000 
 
 Elk Point 
 
 Union County Bank 
 
 Wm. Schaetzel. 
 
 50,000 
 
 Ellendale 
 
 Security Bank 
 
 T. M. Evans, 
 
 25,000 
 
 Fargo 
 
 Citizen's National Bank 
 
 C. C. Schuyler. 
 
 100,000 
 
 Flandreaw 
 
 Farmers' & Mer, Bank 
 
 C. H. Wellman. 
 
 25,000 
 
 Gary 
 
 Bank of Gary 
 
 N. M. Wade. 
 
 30,000 
 
 Grafton 
 
 First National Bank 
 
 J. L. Cashel. 
 
 50,000 
 
 Grand Forks 
 
 Citizens' " " 
 
 S. S. Titus. 
 
 100,000 
 
 Highmore 
 
 Bank of Highmore 
 
 Frank Drew. 
 
 20,000 
 
 Huron 
 
 First National Bank 
 
 R, W. Holmes. 
 
 75,000 
 
 Ipswich 
 
 Edmunds County Bank 
 
 F. W. Cadwell. 
 
 15,000 
 
 Jamestown 
 
 Jamestown National Bank 
 
 Geo. L. Raymond. 
 
 50,000 
 
 Lisbon 
 
 Ransom County Bank 
 
 H. K. Adams. 
 
 30,000 
 
 Madison 
 
 First National Bank 
 
 L. 11. Keene. 
 
 50,000 
 
 Mandeu 
 
 (( a a 
 
 H. Van Fleck, Jr. 
 
 50,000 
 
 Milbank 
 
 Farmers' Bank 
 
 R. F. Gibson, Jr. 
 
 50,000 
 
 Miller 
 
 (Citizens' " 
 
 Wm. H. Waters. 
 
 25,000 
 
 Minnewaukon 
 
 Bank of Minnewauken 
 
 E. S. Rolfe. 
 
 25,000 
 
 New Rocklbrd 
 
 Bank of New Rockford 
 
 W. M. Frank. 
 
 10,000 
 
 Parker 
 
 Citizens' Bank 
 
 W. A. Houts. . 
 
 20,000 
 
 Pembina 
 
 First National Bank 
 
 G. W. Ryan. 
 
 50,000 
 
 Pierre 
 
 tt 1. (( 
 
 W. G. Nixon. 
 
 50,000 
 
 J'lankinton 
 
 Masons" " 
 
 ]). Mason. 
 
 100,000 
 
 Rapid City 
 
 First National " 
 
 James Haley. 
 
 50,000 
 
 Salem 
 
 Salem " 
 
 J. 11. Brown. 
 
 50,000 
 
 Sioux Falls 
 
 Sioux Falls National Bank 
 
 A. L. Curry, Asst. 
 
 100,000 
 
 Valley City 
 
 First National i' 
 
 George Kanouse. 
 
 50,000 
 
 Vermillion 
 
 Bank of Vermillion 
 
 (D. M. Inman&Co.) 
 
 50,000 
 
 Wahpeton 
 
 North Western Bank 
 
 Willis A. White. 
 
 30,000 
 
 Watertown 
 
 First National 
 
 S. B. Sheldon. 
 
 50,000 
 
 ^V'oonsockft 
 
 Citizens' Bank 
 
 AV. JVI. Sheldon. 
 
 100,000 
 
 Yankton 
 
 First National Bank 
 
 W. H. McVey. 
 
 50,000
 
 STATE OF 
 
 DEIvAWARK. 
 
 SUMMARY OF 
 
 CoivivBCTioN Laws. 
 
 COUBT CAI.ENDAK, INSTRUCTIONS FOR TAKING DEPOSITIONS, LEGAL FOKMS, ETC. 
 
 Expressly Prepared anb Revised to Nov. 1st, 1887, for " Showers' 
 Legal Directory and Merchants' Guide," for I88S, uv 
 H. K. Waru, of the Wilmington Bar. 
 
 Acknowledgments.— ('See Deeds.) 
 
 Actions. — Suits may be brought by process of ca/pais, summons, and, in 
 case of non-resident defendant, by attacliment of property. No cajiais ad 
 respoiulendum can issue against a citizen of this state unless plaintitF tlierein 
 shall have first made and filed an affidavit setting forth the fraudulent trans- 
 actions of the defendant. But when the defendant is not a citizen of this 
 state no affidavit by the plaintifF is uccessafy. 
 
 In actions in the superior court on bills, notes, bonds, or other instruments 
 of writing for tlie payment of money, or for the recovery of book accounts, 
 and in all actions on judgments, foreign or domestic, recognizances, or mort- 
 gages, judgment by default shall be entered on the last day of term, notwith- 
 standing appeaiance by defendant, unless an affidavit of defense be filed, 
 lirovided that tlie plaintilf, or party for wln)se use suit was brought, file 
 affidavit of demand and copy of cause of action, on the first day of the term. 
 
 If the action is brought before a justice, judgment may be obtained on the 
 return of the writ, which is at the end of fivedays, unless it is made return- 
 able forthwith, by the affidavit of the plaintiff that he will lose his claim by 
 delay. 
 
 Administration. — Administration of estate of non-resident intestate, grant- 
 ed by register of any county wherein he has estate, personal or real, and in 
 such case the administration first lawfully granted, extends exclusively to all 
 the estate within the state. 
 
 Administration is granted to the persons entitled to the residue of personal 
 estate of deceased, or some one or more of them ; if there be none capable 
 who will administer, then to the creditors, or some one or more of them J if 
 there be no creditor, then to any suitable person. 
 
 Estates in lands, tenements and hereditaments, held by tlie deceased for 
 the life of another, are chattels, and such estates, estates by elegit, or for 
 years, the crop of deceased growing, or begun, except on lands devised by 
 him, terms of servants or apprentices, transmissible according to law, bank 
 and other stock, money, whether in hand or deposited, and all goods and 
 chattels are assets, except certain domestit; articles not exceedino- thirty 
 dollars total value. 
 
 Order of paying debts is as follows ; 1st. Funeral expenses ; 2nd. Expen.ses 
 last sickness ; 3rd. One year's wages for house-servant or laborer on farm ; 
 
 [Del. 1.]
 
 144 DELAWARE. 
 
 4th. Rent not exceediug- una year ; 5th. Judgments of courts of law and 
 equity, and of justices of the peace ; 0th. Recognizances, mortgages and 
 other obligations of record, for the payment of money ; 7th, Obligations 
 and contracts under seal ; 8th. Contracts under hand for the payment of 
 money, or delivery of goods, etc. ; 9th. Other demands. 
 
 Letters testamentary, or of administration, granted in any other i?fcate, and 
 produced under the seal of the oflBce or court, granting the same, are 
 received in this state as competent authority to the executor named therein; 
 but iu case deceased owes inhabitant of this state twenty dollars, or more, 
 such letters should be recorded in register's office of some county. Adminis- 
 trators may upon petition to the orphans' court, sell land to pay debts of de- 
 cedent ; and in default of personal assets, and such petition, any creditor 
 may have administrator cited by register of wills to show cause why such 
 petition should not be made. Such sale may, in proper case, be free from 
 dower of surviving widow. 
 
 Affidavit. — Of demand and defense referred to under actions, may be 
 taken out of this state, before a notary public of any state or territory, or of 
 the district of Columbia, any judge of any court of record, the mayor or chief 
 magistrate of any city or borough, a commissioner of deeds for this state, or 
 any consul or vice-consul of the United States ; such affidavit being certi- 
 fied under the hand and official seal, or seal of court, city or borough, as the 
 case may be, of the person taking the same. 
 
 Aliens. — -Residing in this state, who have made declaration of intention to 
 be come citizens of the United States, may take land by deed or will in fee 
 simple, and hold and alien the same. Such lands descend as in case of a 
 citizen. Resident aliens may inherit; non-resident aliens are passed by. All 
 gifts, grants, bargains, sales, conveyances and devises of lands made before 
 Jan. 1st, 1879, to or from aliens are declared to have same force as if made to 
 or from naturalized foreigners, and the widow and children of such aliens 
 may take and inherit the same. 
 
 Appeals. — (See Courts.) 
 
 Arrest. — (See Actions, Landlord and Tenant, and Executions,') 
 
 Assignments. — Deeds of voluntary assignment for the benefit of creditor.<r 
 should be acknowledged before a notary public and filed in the office of the 
 register of the coitrt of chancery. The assignee must then file in said office, 
 within thirty days after the execution of the deed of assignment, a schedule 
 of the property assigned, witli an affidavit that such schedule is correct. The 
 chancellor appoints two disinterested persons as appraisers of the estate, who 
 shall be duly sworn or affirmed, and shall also file in said office their inventory 
 and appraisement with affidavit, whereupon the assignee shall give bond with 
 warrant of attorney in the name of the state of Delaware, with sureties to 
 be approved by the chancellor in double the amount of the appraised value 
 of the estate so assigned. Tlie bond is for the faithful discharge of the trusty 
 and shall inure to the use of all persons interested iu the property assigned. 
 The assignee sliall render an account of his trusteeship every year from the 
 date of the bond, before the register in chancery, until the estate is closed 
 and final account rendered and approved, and may, for cause shown, be re- 
 moved by the chancellor and another appointed in his stead. 
 
 Any person interested may file exceptions to tlie accounts within one year 
 from tlie date; of the same. These exceptions will belieardby the cliancellor, 
 either in term time or at his cliambers. Any order by the chancellor in the 
 premises may be enforced by attachment or imi)risonment. There is no 
 provision for giving notice, proving claims, discharging debtor, or subjecting 
 him to a personal examination. Preferential assignments are not allowed. 
 Proving claim in assignment proceedings, or accepting a dividend, will not 
 operate as adischargeof the debtor, except a release to that eft'ect is especially 
 executed. 
 IDel. 2.]
 
 DELAWARE. 145 
 
 Attachments. — A domestic attachment may be issued against an inhabi- 
 tant at'trr a ix'turn of 1101b est to sunnnons or capias delivered to officer ten 
 (lays before return, and proof of cause of action ; or ni)on affidavit made by 
 jdaintilf or otiier credible person and filed with the prothonotary, " that the 
 defendantis justly indebted to the plaintiff in a sum exceeding $50, and has 
 absconded from tiie place of his usual abode, or gone out of the state, with 
 intent to defraud his creditors or to elude process, as is believed." The pro- 
 ceeds of sales of property attached are distributed among all creditors equally, 
 except that the creditors attaching and i)rosecuting tlie same to judgment 
 are allowed a double share if such shall not exceed their debt. 
 
 General assignment for the benefit of creditors, or proceedings under the 
 insolvent law, will not effect levy, under either execution or attachment, prior 
 to assignment. 
 
 No security is required of plaintiff. The defendant to discharge attachment, 
 nuist give real estate security in double the amount of the debt or demand. 
 No moi-e than one sufficient security is recpiired. Attachments can not issue 
 on immatured claim. Proceedings by domestic attachment are scarcely ever 
 instituted, and the law is of no utility. 
 
 A foreign attachment may be issued, even at the suit of a non-resident 
 plaintift", against any jierson not an inhabitant, after a return as above, or uj^on 
 affidavit as above, "that tlie defendant resides out of the state, and is justly 
 uidebted to the plaintiff in a sum' exceeding $.")0.'' It may also be issued 
 against foreign corporations. The plaintiff has the benefit of his own discovery. 
 Subsequent attaching creditors do not share pro rata with first attaching 
 creditors. The superior couit in term, or a judge in vacation, may investi- 
 gate allegations of affidavit, except as to amount of debt or when it is due, 
 and discharge attachment if no sufficient ground be shown. 
 
 Banks and Bankers. — Banking without incorporation is unlawful. Banks 
 are proliibited from taking moi-e than one per cent, for sixty days. 
 
 Bills of Exchange and Promissory Notes.— All checks, notes, drafts, 
 or bills, foreign or inland, payable at sight, are due and payable on i)reseut- 
 ment, without grace. Days of grace are allowed on drafts or bills, payable 
 at future time. No grace allowed on checks, whenever payable. Negotiable 
 paper becoming payable on Cliristmas, Washington's Birthday, Fourth of 
 July, or Thanksgiving day, shall be deemed to become due on next preceding 
 secular day. 
 
 Legal holidays falling on Sunday, the following day to be observed as 
 holiday. 
 
 The damages on bills of exchange, drawn on any person beyond seas, and 
 retuj'ued un])aid, with legal pi'otest, shall, as to the drawer, indorser, and all 
 concerned, be at the I'ate of twenty per cc^ntum on the contents of such bills, 
 in addition thereto. 
 
 Notes of two or more persons ai'e joint and several, unless otherwise 
 expressed. 
 
 Chattel Mortgages. — Must be recorded within ten days after their ac- 
 knowledgment, an(l wlien so recorded are a valid lien for three years. They 
 must be renewed every three years, and are eni\)rced by same process as mort- 
 gao-es of real estate, namely, scire facias at law or foreclosure in equity. The 
 law contemplates the mortgagor remaining in possessiini of the chattels mort- 
 gaged. It prohibits the mortgagor removing property from the county. 
 
 Claims against Decedents' Estates.— (See Proof of Claims and xidminis- 
 tration.) 
 
 Conditional Sales of Personal Property.— Are upheld by the court. 
 
 I Del. 3.]
 
 Uti DELAWARE. 
 
 Corporations. — Charters are secured through General Assembly, and for 
 certain purposes, through provisions of a general incorporation act. Process 
 may be served on pi'esitlent or head officer, if residing in the state, and if not, 
 on any officer, director, or manager of the corporation ; -where all officers re- 
 side out of the state, process may be served by i^ublication in a newspaper of 
 this state, and of the state where the head officer resides, twenty days before 
 return thereof The shares of any person may be attached for debt. (See, 
 also. Attachments, Proof of Claims and Deeds.) 
 
 Costs. — In case where plaintiffs reside out of the state, in qui tarn actions, 
 in suits on administration, or official bonds, or where plaintiff after suit 
 brought, has been discharged under insolvent laAV, the defendant may have 
 rule for costs or non-suit, on motion and affidavit of just or legal defence to 
 the whole demand. 
 
 Courts. — The courts of this state consist of Court of Errors and Appeals, 
 Superior Court, Court of Chancery, Orphans' Court, Court of Oyer and Ter- 
 miner, Court of General Sessions of the Peace and Jail Delivery, Register's 
 Court, and Justices of the Peace. 
 
 The Superior Court has four terms per annum, in February, May, Septem- 
 ber and November, and has jurisdiction of all civil causes at law. 
 
 The Court of Chancery sits regularly in March and September, in matters 
 of equity, but is always open. 
 
 The Orphans'' Court sits in March and September, and at many adjourned 
 terms from time to time. 
 
 The Registers Court sits at no stated times, but is always open. 
 
 The Court of Errors and Appeals is tlie court of last resort, and has only 
 appellate jurisdiction. It consists of the chancellor who is president, an as- 
 sociate justice who did not sit below, and one of the judges who did sit 
 below. 
 
 Justices of the Peace have jurisdiction to amount of one hundred dollars, in 
 all matters sounding in contract, and some other special subjects. 
 
 Curtesy. — Tenancy by the curtesy is as at common law. If any woman 
 shall die intestate, without issue, the husband may hold one-half of her real 
 estate, after payment of her debts, for his life. 
 
 jDeeds. — Land passes by deed without livery of seizin. Words grant, bar- 
 ga.in and sell, imply a special warranty against the grantor, his heirs, and all 
 persons claiming under him. A deed concerning lands should be recorded 
 within one year from sealing and delivery. 
 
 A deed concerning real estate may be acknowledged by parties, in the su- 
 perior court of this state, before the chancellor, or any judge, or notary pub- 
 lic, or before two justices of the peace for the same county, or by attorney, 
 duly authorized luider seal in the superior court. Such a deed may also be 
 l^roven in said court by subscribing witnesses. Tlie deed of a married woman 
 must have a certificate of private examination and acknowledgment. Such 
 a deed may be acknowledged or proved, or the private examination of a mar- 
 ried woman party to such deed may be taken, out of the state, before any 
 notary public, a commissioner of deeds for Delaware, any consul general, 
 consul, or commercial agent of tlie United States, duly appointed in any for- 
 eign country, at tlie places of their respective official residences, before the 
 judge of any district or circuit court of the United States, or the chancellor, 
 or any judge of a court of record of any state, territory, or courtry, or the 
 mayor or cliicf officer of any city or bor.ough, and certified under the hand of 
 sucb chancellor, judge, mayor or officer, and the seal of liis office, court, city, 
 or borougli, by certificate indorsed upon, or annexed to the deed ; or such ac- 
 knowledgment or i)roof may be taken in any such court, and certified under 
 the liand of the clerk, or otlierofficer of said court, and the seal of said court, 
 in like manner. In case of such certificate by a judge, the seal of his court 
 may be affixed to his certificate, or to a certificate of attestation of the clerk, 
 or keeper of the seal. 
 (Del. 1.1
 
 DELAWARE. 147 
 
 Such a deed, executed by a corporation, may be executed and acknowledg- 
 ed before the chancellor, or any judge of this state, or a judge of the dis- 
 tinct or circuit court of the United States, or a notary public, or two justices 
 of the peace of the same county, by the president or otlier i)residing officer, 
 duly authorized by resolution of the dii'ectors, trustees, or other managers, 
 or by the legally constituted attorney, of such corporation. 
 
 A tenant in tail may ccmvey in fee, and for the estate tail, by deed. 
 
 Form of AcknowUdcjment of Deed for Husband and Wife 
 
 State op Delawake, \ 
 County op . \ *" 
 
 Be it remembered, That on this day of , in the year of our Lord 
 
 eighteen, etc., personally came before me (name and title), and — — , his 
 
 wife, parties to this indenture, known to me personally to be such, and sev- 
 erally acknowledged this indenture to be their deed. And the said , be- 
 ing at the same time privately examined by me, apart from her said husband, 
 acknowledged that she executed the said indenture willingly, without com- 
 jiulsion, or threats, or fears of her husband's displeasure. 
 
 Given under my hand and seal of office the day and year aforesaid. 
 
 {N'a7ne aud title.) 
 
 Form of Acknoioledgment by Corporation. 
 
 State op 
 
 County op 
 
 J 
 
 Be it remembered, That on this day of , A. D. 18 — , personally 
 
 came before me, (name aud title of party taking acknowledgment) presi- 
 dent, of , the state of , party to the foregoing indenture, known to 
 
 me personally to be such, and acknowledged the said indenture to be his act 
 and deed and the act and deed of said corporation, that the signature of the 
 president is his own proper handwriting, aiid the seal affixed is the corporate 
 seal of said corporation, and that he was duly authorized by resolution of the 
 directors, (trustees or other managers), of said corporation, passed on the 
 • day of , A. D. 18 — , toexecute and acknowledge said deed, as afore- 
 said. 
 
 Given under my hand and official seal the day and year aforesaid. 
 
 {Name and title.) 
 
 Descent and Distribution. — Intestate real estate, held in fee simple, de- 
 scends to kindred of the intestate, in coparcenary, as follows : 1st. In equal 
 shares to children, and the lawful issue of any deceased child, by right of 
 representation ; 2d. In default of lawful Issue, in equal shares to brothers 
 and sisters, and the lawful issue of any deceased brother or sister, by right 
 of representation, provided, that the whole blood and their issue shall be 
 preferred to the half blood and their issue, and further, that realty shall first 
 descend to the brothers and sisters, and their issue of the blood of the parent 
 or ancestor through whom said I'eal estate was derived ; 3d. In default of 
 brothers and sisters and their issue, then to father of the intestate ; 4th. Iii 
 default of the father, then to the mother of the intestate ; 5th. If there be no 
 mother, then to the next of kin in equal degree, and lawful issue of such next 
 of kin, by right of representation, provided, that collateral kindred claiming 
 through nearer cpmmon ancestor, shall be preferred to collateral kindred 
 claiming through more remote common ancestor. 
 
 The mother is the heir of an illegitimate person, dying intestate, and in 
 case of her death, her lawful issue. The distiibution of the residue of per- 
 jsoualty practically follows same course as realty. The husband of an intes- 
 
 [Del. 5.]
 
 148 DELAAVARE. 
 
 tate married woman, takos tlie whole of such residue. If the intestate leave 
 a widow and issue, such widow takes one third ; if no issue, but brothers 
 and sisters, she takes one-half ; if there be no kin of the intestate, she takes- 
 the whole of such residue. 
 
 Depositions. 
 
 Form of Depoaitions. 
 
 Depositions of witness produced, sworn (or affirmed), and examined by 
 me on the day of , in the year of our Lord one thousand eight hun- 
 dred and , by virtue of a commission issued out of the superior court of 
 
 the state of Delaware, in and for county, to me directed, forthe examina- 
 tion of witnesses in a cause therein depending, between , plaintiff, and 
 
 , defendant, on the part and behalf of , the . 
 
 Note. — If a clerk has been employed, add, " The clerk by me employed: 
 in taking, writing, transcribing, and engrossing the said depositions, having 
 first duly taken the oath assigned to said commission, according to the tenor 
 thereof." 
 
 COMMENCP:MEiS;T OP DEPOSITION OF EACH WITNESS. 
 
 , of , in the of , aged j'^ears, a witness pro- 
 duced, sworn (or affirmed), and examined on the part and behalf of the 
 
 deposeth and saith as follows : 
 
 To the first interrogatory in chief, he answers and says : . 
 
 {Signature.) 
 
 CONCLUSION. 
 
 Sworn to and subscribed before me the day of , A. D. — . 
 
 , Commissioner. 
 
 PIIOOK OK EXHIBIT INDORSED. 
 
 , plaintiff", ^ 
 
 vs. > 18- 
 , defendant. ) 
 
 At the execution of a commission in this cavise, this paper writing was 
 
 produced and shown to , aid and marked as an exhibit A. etc., a witness 
 
 sworn and examined, and by him deposed to, at the time of his examination 
 
 in behalf of . 
 
 , Comniissioner. 
 
 CEKTIFICATE AT CLOSE. 
 
 To : I, , commissioner named in foregoing commission, do cer- 
 tify that, in pursuance of the authority therein contained, I caused the sev- 
 eral witnesses whose de])ositions appear in the schedule thereto annexed ti> 
 be examined on oath or affirmation upon the interrogatories annexed, and tlia t 
 I caused such examinations to be reduced to writing, as the same in such 
 schedule appear. 
 
 , Commissioner. 
 
 HKTUKN INDORSED ON COMMISSION. 
 The execution of this commission appears in a eortain scliedide annexed. 
 
 , Commissioner. 
 
 [Del. 6.]
 
 DELAWARE. 1^9 
 
 IXDOIISK KNVKIA)PK TlUS: 
 
 ■IS. ■ To . (iiauK' the court.) 
 
 T» (name the presiding judge, whose name is given in the commission.) 
 
 Divorce.— Divorces arc procurable for statutory causes through the supc- 
 rior court, lor other causes through the general assembly. The .statutory 
 causes for divorce a tinculo matrimonii, are adultery, desertion lor three 
 years, habitual drunkenness, impoteucy of either party atthe time of marriage, 
 extreme cruelty, and conviction of a felony alter marriage. The statutory 
 •causes for divorce a mensa et thoro, at the discretion of the court, are for 
 procurement of marriage by fraud, for want of age, husband under eighteen 
 and wife under sixteen years, and such marriage not being after those ages 
 voluntarily ratified, or forwilful neglect to provide necessaries fur three years. 
 Said court may also decree marriages null and void for consanguinity or 
 <atiinity, or between a white and black person, or where either party had 
 another husband, or wife living, or, where either party was, at the 
 marriage, insane. 
 
 Proceedings are upon petition and affidavit, and a commissioner being ap- 
 pointed to take testimony, and make award. Confessions are not received 
 except where corroborated by three witnesses or strongly corroborative facts. 
 IS'o decree of divorce etfects legitimacy of children. 
 
 Dower. — Is as at common law. 
 
 Evidence. — Parties to the record or in interest may testify. Printed copies 
 ■of statutes of other states, published under their authority, may be read in 
 evidence of such law. 
 
 Executions. — Are a lien iipon personalty from the time the sheriff receives 
 the writ, if actual levy l>e made within sixty days thereafter. Lien remains 
 in force three years. Sale is made thirty days after levy, and after exhaustion 
 of personalty inquisition is held on lands. There is no redemption on projierty 
 f^old under execution or mortgage. Stay of six months is granted in courts 
 of record, upon judgments recorded, for want of affidavit of defense, provided 
 security be given within twenty days after judgment. In magistrates' or 
 justices' court, six months' stay, upon defendant pleading his freehold ; nine 
 months, uijou his giving security. 
 
 Executors. — (See Administration.) 
 
 Exemptions. — No homestead law. Family pictures, Bible, and lil)rary ; 
 lot in burial ground and pew in church ; all wearing apparel, sewing mathiues 
 in private families, and tools not to exceed $7."). In addition, debtor, where 
 head of a family, may claim 8200 of personal property, in New Castle county, 
 or 8150 in Kent and Sussex, and in these the exempt property must be house- 
 hold goods only. Married womenjind minors' wages are also exempt. 
 
 False Pretense. — The obtaining of property by any false pretense, with 
 intent to clieat or defraud, is a misdemeanor, punishable by fine or imprison- 
 ment, or both. 
 
 Fraud, Statutes of. — No sale of goods and cliattels, whether with or with- 
 out bill of sale, alters the property therein, without valuable consideration 
 and actual delivery. 
 
 All promises and assumptions, to answer or pay for the default, debt, or 
 miscarriage of another, a sum less than five dollars may be proven by the oath 
 or affirmation of the person to whom such promise is given ; if a sum between 
 iive and twenty-five dollars, such promise may be proven by one credible 
 
 [Del.-.]
 
 15a . DELAWARE. 
 
 witness, or some memorandum or note in writinfj, signed by the party to be 
 charged ; if a sum of twenty-tive dollars or upwards, such agreen-ent must 
 be reduced to writing, and signed by the party to be cliarged, except for 
 goods, wares, etc., sold and delivered, and other matters, chargeable in an 
 account, in which case the book of entries, and the oath or affirmation of the 
 plaintiff are sufficient. 
 
 No action can be brought to charge a person upon any agreement made 
 upon consideration of marriage, or upon any contract or sale of realty, or 
 any interest in or concerning it, or upon any agreement not to be performed 
 within the space of one year from the making thereof, unless the same shall 
 be reduced to writing and signed by the party to be charged. 
 
 Garnishment. — {See Attachments.) 
 
 Grace. — {See Bills of Exchange, etc.) 
 
 Homestead. — ( See Exem^itions.) 
 
 Insolvent Laws,— (/S'<?e Assifjnments.) 
 
 Interest. — The legal rate is six per cent., and the penalty for usury is for- 
 feiture of the entire sum. 
 
 Judgments. — Of courts of record are a lien on real estate of defendant, 
 within the county, from time of entry, and may be made so in the other 
 counties by issuing and resending a test, fi. fa., in them respectively. Foreign- 
 judgments have no force except as evidence, and new suits must be brought. 
 Judgments need not be renewed to preserve lien. No presumption of }iay- 
 ment until the elapsing of twenty years, when presumption is rebuttable. 
 Judgments, before justice of the i^eace, must be taken to superior court 
 docket to become liens. 
 
 Justices of the Peace. — {See Com-ts and Judgments.) 
 
 Landlord and Tenant. — Any contract or consent, pursuant to which a 
 tenant enters into, or continues in possession of lands, etc., iinder an agree- 
 ment to pay rent, is a demise ; where no term is expressly limited, a demise is 
 construed to be for one year, except of houses and lots usually let for a less 
 time. A demise must be by deed to be effectual for a term longer than one 
 year. Yv''liere there is an existing demise for one or more years, the term is 
 extended for another year, unless there be three months or more notice to 
 quit given either by the lamllord or tenant. Where the letting is by the 
 month or week, a month's or a week's notice to quit is sufficient. Holding- 
 over after notice to quit, subjects the tenant to penalty of double rent. 
 
 The landlord's remedies for the recovery of rent, are by acti<nis of debt, 
 assumpsit for ixse and occupation, attachment in certain cases or by distress. 
 In case of the last remedy, the tenant may replevy. Tlie tenants goods may 
 be followed for forty days after the rent becomes in arrear, to subject them 
 to a distraint, if they be removed from the premises. A levy will not pre- 
 vent a disti-ess. In case of a levy upoudistrainable goods, etc., such goods, 
 etc., are liable for one year's rent of the ijremises, in arrear or growing due. 
 Tenant may be arrested if about to leave the state, and compelled to give 
 better security. 
 
 Leases. — {See Landlord and Tenant.) 
 
 License. — A license from tlie state, mustbe taken out for marriage, the keep- 
 ing of stallions and jacks, eatinghouses and taverns, and by retailers, peddlers, 
 venders of tin, li(]uors, oysters, fish, etc. Foreign life and fire insurance 
 agents, auctioneers, venders of goods by samjile, photograi)hers, brokers, 
 real estate agents, circuses, jugglers, attorneys at law, physicians, dentists, 
 conveyancers, bankers, manufacturers, merchants, lotteries and shows. 
 [Del. 8.]
 
 DELAWARE. 151 
 
 Liens. — Recognizances in the orphans' court are liens upon all real estate 
 (>£' the recognizor, then held or thereafter acquired while in force, and have 
 preference to all judgments and other liens, whether recovered or created 
 before or after entering into such recognizance. Judgments bind lands only 
 from the time of actual entry, and only within the county where recovered, 
 unless extended to another county by a testatum fi. fa. {See also Executions, 
 Judy incuts, and Mortgages.) 
 
 Limitations of Suits- — Open accounts and contracts not in writing, three 
 years ; contracts iu writing, six years ; sealed instruniL'nts, judgments, decrees, 
 and real actions, twenty years. Revivor : Direct acknowledgment or distinct 
 admission of the debt. Claims against deceased persons. One year from the 
 date of the granting of letters is allowed for the settling of the estate. The 
 pi'oofs of claims of residents and non-residents are the same. Upon giving 
 the requisite security within the state, a non-resident may act as executor or 
 administr.itor. 
 
 Limited Partnerships. — Limited partnerships may bo formed for the 
 transaction of mercantile, mechanical, or manufacturing business, but not 
 for banking, or insurance. They may consist of one or more general j^artners, 
 liable as such, and special partners. Business is conducted in the names of 
 the general partners. Certificate of partnerships with names of all partners, 
 with the sum each special partner contributes are recorded. Capital van 
 not be withdrawn or reduced below the sum stated. General assignments 
 by such partnership must provide proportional distribution among all credi- 
 tors. Claims of general government arising from bonds for duties are pi'e- 
 ferred. No dissolution had exce])t upon iniblication of notice, all other part- 
 nerships are general. 
 
 Married Women. — Retain their real and personal property owned at 
 marriage or received from any person other than the husband. May receive 
 wages for their personal labor, and prosecute and defend suits for preservation 
 and protection of their own property, as if unmarried, and the rents, issues 
 and profits of their separate estate are not controllable by the husband. 
 Dower : The widow is entitled to one-third part of all the lands and tenements 
 whereaf her husband was seized at any time dvirhig her marriage, and during 
 the term of her natural life. If her husband die without issue, or the child- 
 ren of issue, she takes a moiety instead of a third ])art of the real estate. A 
 married women of the age of twenty-one years and upward may dispose of 
 her property, both real and personal, by will without the written consent of 
 lier husband. Two or more witnesses are necessary for a will. 
 
 Mechanics' Liens. — Any person who has furnished material or performed 
 work to an amount exceeding $'2") may obtain a lien. A contractor who shall 
 have contracted for the erection or rejiair of a structure, and for tlie furnisli- 
 ing of the whole or any part of the materials therefor, must file his claim 
 after tlie expiration of 90 and within 130 days from the comjiletion of the 
 building. All other persons must file their claim within 90 days from the . 
 completion of the work and labor performed, or from the last delivery of 
 materials furnished by them. .Judgment obtained ui>on such claim relates 
 back to the date of commencing such work or furnishing such materials. 
 
 Minors. — Are as at common law. 
 
 Mortgages. — Are executed and acknowledged in the same manner as 
 deeds. They contain no power of sale, and are foreclosed by intervention of 
 a court. There is no redemption of i>roperty sold on execution or mortgage. 
 Chattel mortgages are a valid lieu for tlu'ce years when recorded within ten 
 days after acknowledgment. Deeds must be recorded within three months 
 after sealing or delivery thereof. A scroll answers for a seal, and one witness 
 is sufficient to a deed. A husljand should join in the conveyance of his wife's 
 property in order to bar his right as tenant by curtesy. The certificate of 
 
 [Del. 9.1
 
 152 DELAWARE. 
 
 acknowledgment must show that the wife relinquishes her dower. The ac- 
 knowledc^men^ may be taken before a mayor, presiding judge, chancellor. 
 United States consul, commissioner for Delaware, or notary public, duly 
 certified under hand and official seal. 
 
 Notes and Bills of Exchange. — {See Billn of Exchange and Promissory 
 Notes.) 
 
 Partnerships. — In an action by or against partners, proof of jjartnershij) 
 is unnecessary unless denied by affidavit. — [See Limited Partnership and 
 Pi' oof of Claims.) 
 
 Promissory Notes. — (See Bills of Exchange and Promissory Notes.) 
 
 Proof of Claims, — Before an executor or administrator shall pay any 
 debt against the deceased, the person holding the same shall make affidavit 
 that nothing has been paid or delivered towards satisfaction of said debt, 
 except what is mentioned, and that the sum demanded is justly and truly 
 due. In case of a debt due to a corporation, the cashier, or treasurer, shall 
 make the affidavit ; if it be due to a partnership, or to two or more indi- 
 viduals not strictly partners, all the acting partners, and all the individuals 
 shall make it. If a debt be assigned after the debtor's death, affidavit shall 
 be made by the person who held at the death, as well as by the assignee. In 
 an affidavit by an executor, administrator, assignee, or officer of a corpora- 
 tion, it shall be sufficient to state that he has made due inquiry and does 
 verily believe that nothing has been paid, etc., as in the ])roceeding affidavit. 
 The chancellor, or any judge, justice of the peace, notary public, or chief 
 magistrate of a city, or borougli, in this or any other state or territory, and 
 also commissioners of deeds, residing out of the state and holding their ap- 
 ])ointment from the governor of this state (not above seven years from the 
 date of their commission) have authority to take such affidavit. Such affi- 
 davit, taken out of the state, must be certified under a seal of office, or some 
 public seal, whether of a court, city, borough, or county. The expense of 
 probate is borne by the estate. If such affidavit be not produced at trial, the 
 defendant, no costs can be recovered. 
 
 Recording. — A purchase money mortgage must be recorded within thirty 
 days after making, to preserve its peculiar lien. — (See 3Iortgages and Chattel 
 Mortgages.) 
 
 Redemption. — {See Mortgages.) 
 
 Replevin. — Liens when goods, etc., are distrained, seized under execution, 
 or unlawfully detained. No demand is necessary. Plaintiif must give bond 
 before issuance of the writ, and defendant may, \x\)o\\ giving bond, retain the 
 goods, etc. 
 
 Seal. — The seal of notaries public and commissioners of deeds, must show 
 name, title, date of appointment, and term of office. The sealing of an in- 
 strument after seven vears. by such officer, after date of api)ointment, is il- 
 legal. 
 
 Security for Costs and other Undertakings.— On appeals from justices 
 of the i)eacc, an<l ui)on writs of certiorari io them, and ujion api)eals from, 
 and writs oC error to the Orphans' Court, Superior Court, and Court of 
 Chancery. Security is given to ]irosecute with effect and pay costs and dam- 
 ages. See, also, Iteplerin and Costs. 
 
 Stay of Execution. — (^n judgments for want of affidavit of defense ; six 
 months, if .security In; given within twenty days after judgment. 
 [Del. 10.] 
 
 1
 
 DELAWARE. 1-33 
 
 In suits before magistrates : six months' stay upon defendant jjleading his 
 freehokl, and nine months' stay upon his giving security. 
 
 Executions issue from a court of record immediately upon obtaining judg- 
 ment, unless stayed. All executions are returnable to the next term after 
 they are issued. 
 
 Suits. — (See Actions.) 
 
 Usury. — (See Interest.) 
 
 Wages. — Are exempt from mesne and execution attachment, except for 
 board. 
 
 Wills. — ^lust be made by persons of sound mind, above twenty-one years, 
 must be in writing, signed by the testator, or by some person subscribing the 
 testator's name, in his presence and by his express direction, and must l)e at- 
 tested and subscribed in his presence, and in the presence of each other, an<l 
 at his reiiuest, by two or more ci'edible witnesses. A creditor may be a com- 
 jjeteut witness. 
 
 Nuncupative wills must be pronounced by the testator in his last illness ; 
 be for personalty not exceeding two hundred dollars; be made before two 
 or more witnesses ; be reduced to writing and attested by such witnesses 
 within three days ; be made by testator when incapable of making a will, and 
 within three days of his death, and be produced for probate within thirty 
 days of testator's death. 
 
 A f(jreign will, duly executed and proved as above, is valid, and a copy duly 
 •verified of such will, and the proof thereof, or of the record of such will and 
 proof, is sufficient evidence in this state. Such copy, to be duly verified, must 
 be certified by the j^roper ofticer, luider his hand and seal of olfice, if there be 
 a seal of office; and there must also be a certificate, either under the great 
 seal of such foreign state or territory, or country, or under the head of the chan- 
 cellor, or the presiding judge of a court of record of such state, territory or 
 country, that such copy is certified in due form, and by the proper officer ; and 
 in case of a certificate under the hand of a chancellor or presiding judge, 
 there must be an attestation of the officer keeping the seal of his court, un- 
 der the hand of said t)fficer, and the said seal, that the said certificate is un- 
 der the hand of the said chancellor or presiding judge, and is entitled to full 
 faith and credit. Such a copy may be recorded, and then such record or an 
 office copy is sufficient evidence. 
 
 A will is revoked by birth of a child, if there was no child at date of mak- 
 ing. An after born child takes same portion of its parent's estates that he 
 would have taken, if such parent had died intestate, unless provision had 
 been made in a will for such a child. 
 
 The widow of a person who has made his will, before marriage with her, 
 and for whom no provision is made, is entitled to her thirds, as if he died 
 intestate. 
 
 A devise of real estate, withovit words of limitation, is construed to pass 
 the fee simple, or the whole estate or interest which the testator can lawfully 
 <levise, vinless a contrary intention apj^earby the will. 
 
 After purchased lands pass by a will, if such clearly and manifestly appear 
 by the will, to have been the intention of the testator. 
 
 Witnesses. — Deeds, mortgages, and assignments of lands, should have 
 two witnesses attesting execution. (See Wills.) Assignments of bonds and 
 specialties should be vmder seal, and before at least two credible witnesses. 
 
 [Del. 1 1.1
 
 lol 
 
 DELAWARE. 
 
 ATTORNEYS IN DELAWARE. 
 
 Bold Face Type denotes county seats. A clash ( 
 Figures after names when admitted to the Bar. 
 A double dagger (J) our Compiler of Laws. 
 A dagger (f) former recommendations withdrawn. 
 
 ) less than 100 population. 
 A star (*) Notaries Public. 
 
 NAMES OP ATTORNEYS. POPULA'N 
 
 RICHARD R. KENNEY. '81 2,865 
 
 CHAS. L. MOORE. '85 1,123 
 
 Wm. Green. 1,281 
 
 James R. Lofland. 2,650 
 
 Samuel Guthrie. 3,080 
 
 Wm. C. Spruance. 1,237 
 
 E. L. ]\rartin. 1,540 
 
 (See JDocer.) 2,490 
 
 Wilmington. New Castle. Population, 42,499. 
 
 LILBURNE CHANDLER, '82 7th & Market Sts. 
 t H. H. Ward, 837 Markc^t St. 
 
 See Card in Appendix, page w. 
 
 PLACE. 
 
 COUNTY, 
 
 Dover 
 
 Kent 
 
 Georgetown 
 
 Sussex 
 
 Middletowu 
 
 New Castle 
 
 Milford 
 
 Kent 
 
 New Castle City 
 
 Kent 
 
 Odessa 
 
 New Castle 
 
 Seaford 
 
 Sitssex 
 
 Smyrna. 
 
 Kent 
 
 BANKS IN DELAWARE. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital ot one 
 bank in each county of this Territory in which such a banliing institution is located. 
 
 Delaware City 
 
 Dover 
 
 Gcoroetown 
 
 Middletowu 
 
 Newark 
 
 New Castle 
 
 Newport 
 
 Odessa 
 
 Seaford 
 
 Smyrna 
 
 Wilmiujiton 
 
 NAME OP BANK. 
 
 Del. City National Bank 
 Farmers' Bank 
 
 Citizens' National Bank 
 National Bank of Newark 
 Farmers' Bank 
 Newport National Bank 
 New Castle Co. Nafl Bank 
 Fruit Growers' Nafl " 
 National Bank of Smyrna 
 First National Bank 
 
 
 PAID UP 
 
 CASHIER. 
 
 CAPITAL. 
 
 Francis Mclntire. 
 
 $ 60,000 
 
 "Walter Morris. 
 
 224,000 
 
 Wilbur F. Tunncll. 
 
 120,000 
 
 .John 8. Croch. 
 
 80.000 
 
 Geo. W. Lindsey. 
 
 50,000 
 
 R. G. Cooper. 
 
 100,000 
 
 .Jos. W. H. Watson. 
 
 75,000 
 
 .Jos. L. Gibson. 
 
 75.000 
 
 N. F. Wilds. 
 
 80.000 
 
 W. J. .Janney. 
 
 100,000 
 
 Henry Baird. 
 
 500,000
 
 DICTRICT OF 
 
 COLUiVIBIA, 
 
 SUMMARY OF 
 
 Collection Laws. 
 
 Court Calendar, Instkttctions for taking Depositions, Legal Forms, Etc. 
 
 Expressly Prepared and Revised to Nov. 1st, 1S87, for "Showers' 
 
 Legal Directory and Merchants' Gttide." for 1888, by 
 
 A. K. Browne OF the Washington City Bar. 
 
 [Note.— The task of preparing a convenient digest of laws for the District of Col- 
 umbia, is difficult; more so than any otlier territory or state because ot the anom- 
 alous condition of the laws wliich are derived from so many sources, and are in so 
 many shapes. Much of the law ol Maryland, when tlie District was ceded from her, 
 was statutory and common law, received from England, wliicii, with all of the laws 
 f)f that state, followed the District and continues in force there, except as moditied 
 by subsequent enactments of Congress or the District Legislature or the old corpora- 
 tions of Georgetown and the Levy Court and now by the District Commissioners. 
 
 Mr. Browne went through all these and the decisions of the courts on the various 
 subjects lierein present, including tlie statutes at large and the revised statutes and 
 Ilichardsons supplement to the revised statutes and tlie very last Acts of Congress. 
 — Editor. \ 
 
 Acknowledgments. — In the United States and territories may be taken 
 before the jtiilgc of any court of record of the United States, state or terri- 
 tory, any justice of the peace, notary public, or commissioner of deeds for 
 the District. In foreign countries, before any judge or chancellor, master in 
 chancery, notary ptiblic, or diplomatic or consular officer of the United 
 States. 
 
 Form of Acknowledgment of Husband and Wife. 
 District of Columbia, to-wit : 
 
 I, , a in and for the district aforesaid, do hereby certify that . 
 
 jiart — to a certain deed bearing date on the ■ day of , A. D. 18 -, 
 
 and hereunto annexed, personally appeared before me. in the district afore- 
 said, the said ■ being personally well known to me to be the person who 
 
 execttted the said deed, and acknowledged the same to l)e act and deed; 
 
 and the said being by me examined privily and apart from — husband 
 
 and having the deed aforesaid fully explained to , acknowledged tiie 
 
 same to be act and deed, and declared that had willingly signed. 
 
 sealed anil delivered the same, and that wished not to retract it. 
 
 Given under my hand and seal this day of , A. D., 18 — . 
 
 [seal. ] 
 
 Actions. — Justices of the peace have jurisdiction in civil cases where the 
 amottnt claimed does not exceed one hundred dollars, except in actions to 
 recover damages for assault, etc., but the supreme court of the district has. 
 
 [Dis. Col.L]
 
 156 DISTEICT OF COLUMBIA. 
 
 concurrent jurisdiction when the claim exceeds $50, and is removed hy cer- 
 tiorari. Civil actions in the supreme court are commenced by declaration, 
 libel, bill or petition, as the case may be. Appeals from a justice of the 
 peace, only when tlie amount of judgment exceeds $5, by tiling transcript of 
 docket and original papers antl making the required deijosit, with clerk of 
 supreme court. • When nnmey is payable by two or more persons, jointly or 
 severally, all or any of the parties by whom it is payable maybe included in 
 the same action at the option of the plaintiff. To recover real estate, actions 
 must be commenced in the name of the real party in interest and against the 
 party claiming to own or be possessed thei'eof.* Publication may be sub- 
 stituted for personal service on absent defendants. 
 
 Administration. — Of Estates of Deceased Persons. — Letters of adminis- 
 tration arc grante^l to proper persons, in the legal order of preference, when- 
 ever any i)ersou hath died, intestate, having had his last domicile liere, and 
 having lett in the district goods, chattels or personal estate, on apjdication 
 to the coui't or letters of administration de bonis non. on the death of an ex- 
 ecutor, or administrator, before the estate is fully administered. A surviv- 
 ing husband is administrator of his wife's estate without letters. In suits 
 against administrators the real debt or damages are ascertained by a jury 
 and after verdict, case is referred to an auditor to ascertain the sum for which 
 judgment shall be given, if he reports the assets less than the debt or dam- 
 ages found by the jury, the judgment is for plaintiff, execvition may issue 
 against the defendant and either his own goods or the goods of the deceased 
 may be thereon taken and s(^ld. 
 
 Affidavits. — ^May be made befoi'e anj- officer authorized to administer 
 oaths. N(j particidar form required. 
 
 Aliens. — ^Persons not citizens of the United States or who have not de- 
 clared their intention of becoming such, cannot acquire, hold or own real 
 •estate, except in certain cases enumerated in proviso of Act of Congress, 
 March 3, 1887, relating to mining, etc., nor can aliens administer on estates 
 of deceased persons. 
 
 Appeals. — Lie from justices' of the peace, the police court and connnis- 
 sioner of patents to the sui^reme courl, and from any order, judgment or de- 
 <;ree made or pronounced at any special term, involving the merits of the 
 the action or proceeding, to the supreme court in general term. 
 
 Appeal may be taken to general term when the justice who tried the cause 
 l)elow refuses to entertain a motion to set aside the verdict because the evi- 
 dence was insufficient or the damages awarded by the jury were excessive, 
 and when taken, case prepared and settled in same manner as on bill of ex- 
 ceptions, to be taken and perfected within twenty days but not to oi^erate as 
 a supercedeas, unless bond or midertaking is filed within ten days. 
 
 No appeal or writ of error allowed from the supreme court of this di.strict 
 to supreme court of the United States, iniless the matter in dispute, exclu- 
 >iive of co.sts, shall exceed five thousand dollars. 
 
 Arrest. — Memliers of metropolitan ]>olice force on duty not liable to ar- 
 rest on civil ])rocess. The several members thereof, and authorized private 
 iletectives, liave authority to arrest, without warrant, any person wlio shall 
 commit or threaten or attenij^t to commit in the presence of such member, 
 any breach of the ]>eace or fiffence directly prohibited by Act of Congress or 
 by any law or ordinance in force in the district, or on warrant issued by any 
 magistrate thereof. Nowarrants of arrest in civil suits except luider a capias 
 ad satisfacieitdiim. after judgment, and females and non-residents, for debts 
 contracted out of the district, are exemi)t from such arrests. 
 
 *Tn actions ex-contractu affidavits arc roquired of plaintiff .and defondant, settlna: 
 <mt distinctly tho cause of actious.etc, or fjrouudsof defense, etc. Mutual debts may 
 1)0 set-off In all actious. 
 [Dls. f'ol. 2.]
 
 DISTRICT OF COLUMBIA. 15T 
 
 Assignments.— As.signiiiont by inst>lvent debtors may be made for the 
 benelit of civditois, -with or without preference, but no Kuch assignment is 
 valid if the debtor at the time tliereof, is beyond tlie limits of the district, 
 until assignee gives ai)proved bond to pay all debts due by the assignor at 
 time of assignment to residents of the district to extent of funds receivedi 
 by him under such assignment. 
 
 Attachments. — May issue against a debtor who is a non-resident, evades 
 process, nr is removing, or (-(mcealing his jnoperty, at commencement of 
 suit, or after, on creditor's affidavit, supported by at least one witness, swear- 
 ing to the facts of their own knowledge, and on plaintiff giving bond with 
 surety or sureties for (H)sts and damages that may accrue. The attachment 
 may be (piashed at chaml)ers, on three days' notice. 
 
 Salaries of United States or District eniphjyees cannot be attached. 
 
 Banks and Bankers. — Subject to national banking laws. The board of 
 jKilice possess powers of general police supervision and inspection, over pri- 
 vate banking houses. 
 
 Bills of Exchange and Promissory Notes.— The connnercial law of 
 merchants is in force. One action may be brought against all i)ersons liable 
 jointly or severally. Notaries public have authority to demand acceptance 
 and jjayment of foreign and inland bill's of exchange and of ]jromissory notes, 
 and to protest the same for non-acce^jtance or non-i)a3^ment. 
 
 Bills of Lading and Warehouse Receipts.— No statutoiy law. Com- 
 mon law prevails. 
 
 Chattel Mortgages. — In practice, mortgages are almost unknown. (See- 
 Deeds of 'Trust. ) 
 
 Claims against Decedents' Estates.— May be paid by the executor or 
 
 administrator, on ])roof, and that nojtart has been paid, when allowed by the 
 court on final account, or administrator may reject, and at law dispute the 
 claim, in case there is good reason to believe that the deceased never owed the 
 debt, or had discharged the same, or had a claim in bar. Proof of claim on 
 judgment or decree, is a short co])y thereof, under seal, attested by the clerk 
 or register of the court where obtained. Special bail discharging judgment 
 becomes judgment creditor. One judgment creditor may prove for all. Exe- 
 cutors are not bound to jjlead the statute of limitations. 
 
 Conditional Sales of Personal Property. — No legislation on the subject. 
 
 Corporations. — Domestic and Foreign. — May be created under a general 
 law, for institutions of learning, i-eligious, benevolent societies, form anufac- 
 turing, agricultural, mining, mechanical, insurance, mercantile, transporta- 
 tion, market, savings bank, boards of trade, and railroad companies. 
 
 Costs, Security for. — Plaintiflfs re<iuired to make deposits with clerk of 
 court, at comniciircnu'iit of suit in supreme court, I). C, at least eight dol- 
 lars towai'ds the costs. Non-residents shall not commence suit before jus- 
 tice of the peace, without first giving sufficient security for costs. 
 
 The defendant, in a suit brought in supremo court })y a non-resident plain- 
 tiff, or by a plaintiff who becomes a non-resident after suit commenced, may 
 lay rule on i)laintiif's attorney, to give .security for costs, etc. The defendant 
 may mov<i the court to limit the plaintiff's recovery of costs to a single ac- 
 sion. AVhere several actions have been brought against sepai'ate defendants, 
 which might have been joined in one. 
 
 A party who has I'cfused to admit documents wlijch have been proved at 
 the trial, may be adjudged to pay the costs of sucli proof. 
 
 [Dis. Col. 3 ]
 
 1.58 DISTRICT OF COLUMBIA. 
 
 Courts. — The Supreme Court of the District of Columljia has general ju- 
 risdiction in hiw iai^i equity, and possesses the powers and jurisdiction of the 
 Circuit Courts of the United States, with all the judicial power capable of 
 being granted by Congress to a federal court. It holds a district court of the 
 United State for the district, circuit courts for trials of actions at law, a 
 criminal court, %nd special terms respectively as equity courta nd orphans' 
 CDurts for probate business. It has jurisdiction under the patent and copy- 
 right laws of the United States; also of all civil suits in which the United 
 States are plaintiffs or complainants, and of all seizures on land or water, and 
 all. penalties and forfeitures accrumg under the laws of the United States. 
 Writs of error and appeal lie from it to the sujireme court of the United 
 States, in any case where the matter in dispute, exclusive of costs, exceeds 
 $5,000, in the same manner as iu cases of writs of error, or appeals from de- 
 crees rendered in a circuit court. No change of venue. 
 
 Hie Police Court has origmal and exclusive jurisdiction of all offences 
 against the United States, committed in the district, not deemed capital or 
 otherwise infamous crimes, and of all offences against the laws and ordinances 
 of the district, and may enforce any of its judgments or sentences, by fine or 
 imjirisonment or by both, and the judge may examine and commit, or hold 
 to bail in all offences, whether cognizable m the police or criminal covirt. 
 
 Court Calender.— 
 
 SUPREME COURT OF THE. DISTRICT OF COLUMBIA. 
 
 Chief Justice, Edward P Bingham. Aaxociafe Ji'.itices, Alexander B Hagner, Walter 
 S. Cox, Charles P. James, William M. Merrick, Martin V. Montgomery. Clerk, R J. 
 Meigs. District Attorney, Augustus S. Worthington. Marshal. Albert A. Wilson. 
 
 (-General Terms. — Are held fourth Monday in April and first Monday iu October. 
 
 Terms of Circuit Court.— Fourth Monday in January, second Monday in May and 
 third Monday in October. 
 
 Terms of District Court. — First Monday in Juno and December. 
 
 Terms of Criminal Court.— FivaX. Monday in March, third Monday in June, first 
 Monday in December. 
 
 Special Terwjs.— First Tuesday of every mouth, except August. 
 
 POLICE iCOURT. 
 
 Judge, William B. Snell. Clerk, Captain Prince. 
 Terms. — Monthly. 
 
 Curtesy. — Tenancy by thecitrtesy initiate occitpies the position of all other 
 vested estates, it is thrown upon the tenant, and he cannot prevent the title 
 from vesting in him, and cause it to remain in the wife, nor transfer it to 
 others. 
 
 Where such an estate vested in the husband before April 10, 1869, it is lia- 
 ble for the husband's debts. 
 
 Deeds. — All deeds, etc., legally acknowledged, shall take effect and be 
 valid as to creditors and subsequent purchasers, for valuable consideration 
 witliout notice, frr)m the time of delivery to the recorder for record, and from 
 that time only. Kelease of deed of trust is by deed of release from trustee. 
 Deed of trust for property exempt by law from execution, is binding, unless 
 signed by wife of debtor. It must be recorded within twenty days after 
 execution. 
 
 Form of Deed. 
 
 Tim Indenture, M.ulc this day of — — , in the year of our Lord, one 
 
 thousand eight hundred and eighty , by and between of the first part, 
 
 and of the second i)art ; 
 
 Witneaaeth, That the said part — of the first part, for and in consideration 
 
 op the sum of tloUars, in lawful money of the United States, to , in 
 
 liand paid by tlie said part — of the second i);irt, at and before the sealing and 
 delivery of these presents, tht; receipt whereof is hereby acknowledged, ha — 
 [Dis. Col. 4.]
 
 DISTIUCT OF lOLLMUIA. 169 
 
 granted, bargained, sold, aliened, enfeoffed, released and conveyed, and 
 
 by these i)resents grant, bargain, sell, aliene, enfeott", release and convey nnto 
 the said ijait — of the second part, heirs and assigns forever, the follow- 
 ing described real estate, situate, (liere describe the property.) 
 
 Together with all the improvements, ways, easements, rights, privileges, 
 appurtenances and hereditaments to the same belonging, or \n anywise apper- 
 taining, and all the remainders, reversions, rents, issues and jjrotits, thereof; 
 and ail the estate, right, title, interest, claim and demand whatsoever, either 
 at law or in equity, of the said part^ of the first part, of, in, to, or out of the 
 said piece — or parcel — of land and premises. 
 
 To have and to hold the said piece or parcel of land and premises, with the 
 
 appurtenances, unto the said jjart — of the second part, heirs and assigns 
 
 to sole use, benefit and behoof forever. 
 
 And the said , for heirs, executors and administrators, here- 
 by covenant, promise and agree, to and with the said part — of the second 
 
 part, ■ heirs and assigns, that , the said part — of the first part, and 
 
 heirs, shall and will warrant and forever defend the said i^iece — or i^ar- 
 
 cel — of land, and premises and appurtenances, unto the said part — of the 
 second part, heirsand assigns, from and against the claims of all per- 
 sons claiming or to claim the same, or any part thereof, by, from, under, or 
 through , 
 
 And further, that , the said part — of the first part, and heirs, 
 
 shall and will, at any and all times hereafter, upon the request, and at the cost 
 
 of the said part — of the second part, heirs or assigns, make and execute 
 
 all such other deed or deeds, or other assurance in law for the more certain 
 and effectual conveyance of the said piece — or parcel — of land and premises 
 
 and appurtenances, unto the said part — of the second ])art, heirs or 
 
 assigns, or counsel learned in the law, shall advise, devise or require. 
 
 In Testimony whereof, the said part^ of the first part, ha — hereunto set 
 
 hand — and seal — , on the day and year first hereinbefore written. 
 
 Signed, sealed and delivered in the presence of } [seal.] 
 . S [seal.] 
 
 Descent and Distribution.— The law of descent, etc., in regard to per- 
 sonal property, is derived from the Roman law. If there be no relations of 
 the intestate within the fifth degree, which degree shall be counted down 
 from the common ancestor, to the more remote, the surplus belongs to the 
 United States. The descent of real property is regulated by acts of Mary- 
 land in force here, as to husband and wife, if there is no kindred, etc. 
 
 Depositions- — During the prejiaration of a suit, either party may have 
 leave of court, upon reasonable notice to take depositions, or examine mate- 
 rial documents of opponent before an examiner, but such depositions shall 
 not be read on trial unless the party has died or become permanently sick. 
 Depositions of non-resident witnesses may be ordered on motion in behalf of 
 either party, designating tlie names of such witnesses, the same taken on 
 written interrogatories and cross-interrogatories, filed ten days before the is- 
 sue of commission, or orally, as the court may order. After bill filed in 
 equity, on affidavit, that plaintiff's witnesses are aged or infirm, or going out 
 of the countrj^ etc., commission to take the examination of such witnesses 
 d,e bene esse upon giving notice to adverse party. 
 
 Form of Notice to take Depositions, dc bene esse. 
 In The Supreme Court of the Distiiict of Columbia. 
 
 At Law No. 
 
 To : 
 
 Take notice, that on , the day of , 18 — , at o'clock, — 
 
 M., the deposition — , de bene esse, of , of the of county of . 
 
 [Dis. Col. 5.]
 
 160 DISTRICT OF COLUMBIA. 
 
 iu the state of , Avill be taken on behalf of the herein, before who is 
 
 at , in the ■ of county of , in the state of , at which 
 
 time and place you are entitled to be present, and cross-examine said wit- 
 ness — ; the said witness — residing at , more than one hundred miles from 
 
 the place where the trial of this action is to be had. 
 
 Dated "Washington, D. C, this day of , 18 — . 
 
 {SUj nature and title.) 
 
 The officer before whom depositions are taken, should seal them and di- 
 rect to "Clerk of Supreme Court of District of Columbia," endorse on en- 
 velope title and number of the cause, and write on back of envelope, " Sealed 
 up and mailed by me, the day of .18 — " and sign. 
 
 Form of Certificate to Deposition, de bene esse. 
 In thk Supreme Couiit of the District of Columbia. 
 
 rs > At Law No. . 
 
 I hereby certify that on the day of , A. D. 18 — , at , person- 
 ally appeared before me, pursuant to the notice hereto annexed, at o'clock 
 
 — M., , the witness — named in the said notice, and appeared as 
 
 counsel for the plaintiff" — , and as counsel for the defendant ; and the 
 
 said , being by me first duly cautioned and swoni to testify the whole 
 
 truth, and being carefully examined, deposed and said, as appears by the 
 deposition hereto annexed ; and I further certify that the said deposition was 
 then and there reduced to writing by me, (or in witnesses' presence), and 
 was, after it had been reduced to writing, subscribed by the witness. 
 
 And I further certify that the reason why said deposition was taken, was 
 
 that said witness — reside — at , more than one hundred miles from AVash- 
 
 in<Tton, D. C, the place where this cause is to be tried (or other reason, if 
 any.) 
 
 I farther certify that the fee for taking the said deposition — , . has 
 
 been paid to me by , and that the same is just and reasonable. 
 
 I/i. testimoni/ whereof, I have hereunto set my hand and official seal, at 
 
 : , in the county of -, and state of . this day of , A. D. 
 
 18—. 
 
 {Signature and title.) 
 
 [See also forms at end of laws of Maryland.] 
 
 Divorce. — From the bond of matrimony may be granted for bigamy, 
 lunacy, matrimonial incai)acity at time of marriage, adultery, haliitnal 
 drunkenness, cruelty and desertion. From bed and board for cruelty, or rea- 
 sonable apprehension of bodily harm. 
 
 Dower. — The widow's right to dower in lands tj^pends upon the common 
 law. It is never more than'one-third for her life and does not extend to her 
 husljand"s equitable interests. Legacies are a bar to dower. Willow may 
 (;leet to take her dower, bi^t it must be entire. 
 
 Evidence.— Interested parties may be competent and compellable to give 
 evidence, either mva race or by dei)osition on behalf of any of the parties to 
 the action, except luisband and wife, or where the answer to any question 
 would tend to criminate the witness. AVhere charged with crime defendant 
 may or may not testify. 
 [Dis. Col.. G ]
 
 DISTRICT OF COLUMBIA. 161 
 
 Executions. — In supreme court issue forthwith unless motion is made to 
 vacate oi set aside judgment or appeal is made and undertaking filed as pro- 
 vided, except in cases where the District of Columbia is appellant. Execu- 
 tion on judgment of justice of the peace does not issue within six days. 
 
 Executors. — Letters testamentary may be committed forthwith to execu- 
 tor named in a will or codicil on proof of will, and giving bond. When a 
 testator shall request that his executor be not required to give bond, the 
 bond shall be only in such penalty as the court may consider sufficient to 
 secure the payment of the debts, provided the penalty shall not exceed 
 double the value of the estate. — iSee Administrations.) 
 
 Exemptions. — Personal property of the head of a family or a householder 
 exempt as follows : All wearing apparel belonging to all persons and to all 
 heads of families, being householders, all beds, bedding, household furni- 
 ture, stoves, etc., not exceeding $:]00 in value. Provisions for three months' 
 support, fuel for three months, mechanics' tools, etc., of debtor's trade 
 amounting to $200 in value, with $200 worth of stock, library and implements 
 of a professional man or artist to value of $300, one horse, cart, etc., farm- 
 ing utensils with food for team, three months, if a farmer, etc.. to value of 
 $100 ; all family pictures, library, etc., not exceeding in value 8400, one cow, 
 one swine and six sheep, the earnings of all actual residents who are married 
 or supporting their families within the district not exceeding $100 per month, 
 except for debts due for wages of servants, common laborers or clerks, when 
 no personal property is exempt, except wearing apparel, household furniture 
 and provisions. 
 
 Factors. — Common law. Principals being out of the district claims may 
 be proven as in other cases of agents. 
 
 False Pretense. — The penalty for obtaining by false pretenses any goods? 
 money, note or other valuable thing is imprisonment and labor for a period 
 of not less than one year uor more than five years. 
 
 Fraud, Statutes of. — The general provisions of the statute 29, Car. II, c. 
 3, is in force. Conveyances of any interest in lands or lease for a term 
 greater than one year, must be in writing. To charge a person for the debt 
 of another, his agreement must be in writing, etc. 
 
 Garnishment. — In all cases of attachment plaintiff" may exhibit interroga-* 
 tories to the garnishee and the garnishee shall file his answer within ten 
 days, in default, judgment and execution issues against him, as in other 
 cases of condemnation of property in credits in his hands. 
 
 Grace. — No grace allowed on sight drafts ; three days on |all other com- 
 mercial paper. 
 
 Homestead.— No law. 
 
 Insolvent Laws. — None in force. 
 
 Interest and Usury. — Legal rate, six percent. May contract in writing 
 up to ten per cent. Usury forfeits all interest. 
 
 Judgments. — Of supreme court are liens ftn real estate, those before jus- 
 tices are not until after return nulla bona and filing in supreme court, and 
 must be enforced within twelve years and may be revived by scire facias for 
 twelve years more. 
 
 [Dis. Col. 7.]
 
 162 DISTRICT OF COLUMBIA. 
 
 Justices of the Peace. — Five are nominated by the President and con- 
 firmed by the United States Senate for the term of four years, who have 
 jurisdiction in civil cases wlien tlie amount does not exceed $100, except in 
 cases involving- title to real estate and in damages for assault, etc. They 
 may issue warrants in criminal cases returnable to the , police court. Any 
 party to suit may have the same removed to the nearest justice for trial, or 
 may, when the sum demanded exceeds $20, have a jury trial from which ver- 
 dict there is no appeal. No appeal from justices' judgment when the 
 amount does not exceed five dollars. 
 
 Landlord and Tenant. — A tenancy at will can only arise by express con- 
 tract. All other i>ossessions of real estate are held to be tenancies by suffer- 
 ance which may be terminated by notice in writing, to quit in thirty days. 
 Attornment of a tenant without consent of landlord is void. Landlords 
 have a tacit lien on such of his tenant's personal chattels as are subject to 
 execution for debt, to commence with the tenancy and continue for three 
 months after the rent is due, etc. 
 
 Leases. — May be made in writing for any given period with tenns and 
 conditions of termination or forfeiture agreed upon. No particular form. 
 prescribed. 
 
 Licenses. — Required for marriages, sale of liquors, and general commer- 
 cial business. 
 
 Liens. — (See Judgments and Landlord and Tenant.) — Mechanics, labor- 
 ers and conti'actors may have liens on buildings, etc., for work done or ma- 
 terials furnished in the construction or repairs thereof, when amount ex- 
 ceeds $20. Liens on personal property for repairs, etc., can be enforced if 
 held in the possession of creditoi". 
 
 Limitations of Actions or Suits. — On simple contracts, notes, book ac- 
 counts, or debt not of specialty, detinue, replevin and trespass, three years ; 
 on judgments, bonds or other sijecialties under seal, twelve years. No ex- 
 ceptions in favor of non-residents. 
 
 Limited Parsnerships. — For mercantile, mechanical or manufacturing 
 business within the district, may be formed by two or more persons, with 
 powers prescribed l)y Act of Congress. 
 
 Married Women. — Retain their separate estate, owned at the time of 
 marriage, or acquired thereafter in any manner otherwise than by gift or 
 conveyance of the husband, except her earnings as a married woman which 
 are the property of her husband. She may contract and sue and be sued in 
 her own name, except as a sole trader, in all nuitters relating to her separate 
 property. She may be liable for furniture bought by her for her own house, 
 and execution may be enforced against her separate estate. 
 
 Mechanics' Liens.— (.§e^ Lietm.) 
 
 Minors. — The Maryland statutes, making a distinction between the sexes 
 as to ages, formerly in force, is of late ignored, and tlie common law prevails. 
 
 Mortgages of Real Estate.— (.SVe Deeds of Trust.) 
 
 Notes and Bills of Exchange. — (See Bills of E.vchange, etc.) 
 
 Oaths and Affidavits. — Are administered to civil, municipal and judicial 
 officers, and tu district militia officers before entering upon their duties. — 
 (See Affidarits.) 
 [Dls. Col. «.]
 
 DISTRICT OF COLUMBIA. 163 
 
 Partnerships. — (See Limited Partnerships.) 
 
 Promissory Notes. — (See Bills of Exchange, etc.) 
 
 Practice. — Founded principally on common law. 
 
 Proof of Claims. — Plaintift" claiming under contract for payment of money, 
 Avho tiles with his declaration, an affidavit stating the nature and amount due 
 after allowing set-oifs, etc., is entitled to judgment as by default, unless de- 
 fendant tiles attidavit along with his plea, denying the right of the plaintiff 
 as to the whole or some specified part of his claim, specitically stating the 
 ground of his defence, which must be such, if true, be sufficient to defeat the 
 plaintiffs claim in whole or in part. If defendant acknowledge his liability 
 for a part of plaintiff's claim, plaintiff, if lie so elect, may have judgment en- 
 tf3red in his favor, for the amount so confessed to be due, or join issue and 
 proceed to trial. 
 
 Recording. — The recorder of deeds shall record deeds of conveyance, 
 leases, powers of attorney, and all other instruments in writing authorized to 
 be recorded, when lawfully executed and at;knowledged on receipt of the 
 legal fees for the same. 
 
 Redemption. — No redemption of property sold on execution, or from sale 
 under deed of trust, except by suit in equity in which there is shown special 
 ground. Real estate sold for taxes may be redeemed within two years 
 from the date of such Ksale. 
 
 Replevin. — Actions in replevin can only be maintained in the supreme 
 court by tiling a declaration supported by affidavit of the plaintiff, and by 
 giving bond with surety to abide by and perform the judgment of the court 
 in the premises. The marshal takes charge of the property if found, and 
 delivers it to plaintiff. If the property sued for cannot be found, plaintiff, on 
 proof of ownership, value, etc., can recover value with damages and costs. 
 
 Revenues. — For the support of the district government are derived, 1st. 
 From a tax on private taxal)le property and privileges, and from miscella- 
 neous private sources ; and 2d. From appropriations by congress required by 
 law to be 50 per cent, of the total approved estimates. All revenues of the 
 district, paid to the collector of taxes, and by him deposited in the name or 
 the United States, from whence they can only be drawn pursuant to appro- 
 priations made by Congress, upon itemized vouchers, ceititied by the com- 
 missioner, whose accounts are settled by the first comptroller of the United 
 State.s. 
 
 Revision. — Revised Statutes of the United States relating to the district, 
 passed at the tirst .session of the forty-third Congress, with supplements ap- 
 proved June 7, 1880. 
 
 Revivor. — AVhenever a suit in equity becomes abated by the death of either 
 jiarty it may be revived by a supplementary or bill of review. 
 
 Seal. — Courts of record, notary public, etc., are required to attach the seals 
 of their office to all official papers. 
 
 Security for Costs, etc.— (•S'ec Costs.) 
 
 Stay of Execution. — Where no appeal is taken, execution may issue 
 forthwith on judgments of the suprenve court. Where judgment is not for 
 a specified sum, an apjjeal to the general term will not operate to stay exe- 
 
 [Dis. Col. 9.]
 
 164 DISTRICT OF COLUMBIA. 
 
 cution, unless appellant, with surety approved by the couit, or one of the jus- 
 tices, within twenty days after judgment or decree, files a bond to pay the 
 final judgment of the court. Judgments of justices of the peace may be 
 superseded for one month, when the sum does not exceed $20 ; two months, 
 from $20 to $40 ; four months, from $40 to $75 ; and six months, from $75' 
 to $100. 
 
 Suits. — {See Actions.) 
 
 Supplementary Proceedings. — None. 
 
 Taxes. — Real property is assessed every third year, (except new houses 
 which become taxable in the fiscal year, after that in which they are roofed), 
 on a cash valuation of all private and public property, belonging to the United 
 States, in the district, except public buildings and grounds dedicated to the 
 public use as parks, etc., except certain private property exempt by general 
 statute. In the improvements of the streets, etc., the district pays one-half, 
 and the United States one-half. Lands and other property in the district, not 
 liable to a higher tax in one year, for all general objects than $1.50 for everj-^ 
 $100 of tlie cash value thereof, and on agricultural lands not to exceed $1.00' 
 on every $100. Taxes not to be hypothecated. 
 
 Commissioners submit annual estimates of costs and expenses of govern- 
 ment, including construction and repair of bridges, etc., cost of maintaining 
 public institutions of charity, water works, etc., etc., to secretary of treasury, 
 and when approved by congress, congress appropriates the amount of fifty 
 per centum thereof; and the remaining fifty per centum of such approved es- 
 timates are levied and assessed upon the taxable property of the district. 
 Deductions of five per centum are made for prompt payment. 
 
 Trust Deeds.— ('See Deeds.;) 
 
 Usury. — (See Interest, etc.) 
 
 Wages. — (See Exemptions.) 
 
 Wills. — All real or personal property generally devisable by will, with 
 usual restraints as to age, sanity, etc. To devise I'eal estate the person mak- 
 ing the same must be at the time, if male, 21 years of age ; if female, 18 years, 
 of sound mind, etc. ; the will be in writing, signed by the testator, or by his di- 
 rection, and be attested by three credible witnesses in his presence ; and if it 
 shall appear that it was the intention of the testator to devise property ac- 
 quired after the execution of the will, it shall be deemed, taken and held to- 
 operate as a valid devise of all such property. 
 
 VJitn&s&QS.— (Sec Evidence.) 
 
 [Dis. Col. to.]
 
 DISTRICT OF COLUMBIA. 165 
 
 ATTORNEYS IN DISTRICT OF COLUMBIA. 
 
 Bold Face Type denotes county seats. A dash (— ) less than 100 population. 
 Figures after names when admitted to Bar. A star (*) Notaries Public. 
 A double dagger (|) our Compiler of Ijaws. 
 A dagger (f) former recommendations withdrawn. 
 
 Washington City. Pofulatiok, 147,307 
 
 Browne,* A. K., 456 Louisiana Avenue. 
 
 See Card in Appendix, page v. 
 
 Bundy, Chas. S., 458 Louisifina Avenue. 
 
 See Card in ApiJendiz, page v. 
 
 Hildebrandt & Morrison, 1331 F. St., N. W. 
 MAYNE, E. R. I)., 456 Louisiana Avenue. 
 Starkweather, John C, '54 1420 N. Y. Avenue. 
 
 See Card in Appendix, page v. 
 
 BANKS IN DISTRICT OF COLUMBIA. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital of one 
 tbank in each countyof this state in which such a banking institution is located. 
 
 PAID UP 
 PLACE. NAME OF BANK. CASHIEB. CAPITAL. 
 
 Georgetown Farmers & Mech. Nat. B'k W. Laird, Jr. $252,000 
 
 Washington Citizens' National Bank. Thos. C. Pearsall. 300,000
 
 STATE OF 
 
 KLORIDA. 
 
 SUMMARY OF 
 
 CoLLKCTioN Laws. 
 
 Court Calendar, Instkuctions for taking Depositions, Legal Forms, Eto^ 
 
 Expressly Prepared and Revised to Nov. 1st, 1887, for "Showers' 
 
 Legal Directory and Merchants' Guide." for 1888, by 
 
 Cheney & Odlin of the Orlando Bar. 
 
 Acknowledgments. — Deeds to freehold, or interest therein for a term of 
 over two years, inu.st be in writing, sealed and delivered in the presence of 
 two witnesses. Transfers, re-grants, and releases subject to the same rules. 
 In case a deed, mortgage, or other instrument, shall l)e executed in another 
 state, the acknowledgment may be made before any judge or clerk of a court 
 of record, notary public, justice of the peace, or other officer authorized by 
 the laws of such state to take acknowledgment of deeds therein, or before 
 any commissioner appointed by the governor for that purpose. If acknow- 
 ledged before an officer not having an official seal, he shall have attached 
 thereto a certificate of the clerk, or other proper certifying officer, of a court 
 of record, or of the secretary of state, that the person whose name is sub- 
 scribed to the certificate of acknowledgment was, at the date thereof, such 
 officer as he is therein represented to be ; that he believes the signature of 
 such person subscribed thereto to be genuine, and that the deed is executed 
 and acknowledged according to the laws of such state, etc. All deeds of 
 conveyan(>e, mortgage or transfer of interest in real estate, should be signed 
 by husband and wife, and the wife's acknowledgment be separately taken. 
 The signatures of parties to the instrument must be witnessed by two per- 
 sons, who should sign as witnesses. 
 
 Within the state acknowledgments of deeds, etc., to be used and recorded 
 in this state may be taken before any judge, clerk of circuit court, notary 
 l)ublic or justice of the peace. 
 
 In for eifin countries, before a minister plenipotentiary, minister extraordi- 
 nary, minister resident, charge d'affaires, commissioner or consul of the United 
 States, api)ointed to reside therein, commissioner for Florida, appointed by 
 the governor of Florida, or a notary public. 
 
 Scroll seal, Avith word ".seal " written in it is sufficient. 
 
 Two witnesses are absolutely necessary. 
 
 Form of Acknowledgment when the Deed is made out of the State. 
 State op , "1 „„ 
 
 County ok . J ' 
 
 Be it remembered that on this day of in the year , personally 
 
 appeared before me, a commissioner duly appointed and authorized by the 
 executive authority of the state of Florida under the laws of said state, to 
 
 IFlor. 1.]
 
 FLORIDA. 167 
 
 take •witliin the state of proof and acknowleclgincnt of deeds, ete., (.n 
 
 other officer, as the ease may be), to be used and recoi'ded in said state of 
 Florida, to me ■well known to be the person avIio exeeuted the foregoing (and 
 
 annexed) deed, by him sealed and subscribed; and the said acknowledged 
 
 the execution tht-reof to be his free act and deed, for the uses and purposes 
 therein mentioned. 
 
 In witness whereof I liave hereunto set my hand and affixed my official 
 seal the day and year tirst above written. 
 
 Form of Corporation Ackitowledgment. 
 
 State of , 
 
 County of . 
 
 On this day , A. D. 18 — , before me (name and title of officer), 
 
 personally appeared A. B., president (or other officer) of (name of corpora- 
 tion), to me known to be the person described in and who executed the fore- 
 going instrument, and acknowledged the execution thereof to the free act 
 and deed of the (name of corporation), for the uses and purposes therein 
 mentioned. 
 
 In witness whereof I have hereunto set my hand and affixed my official 
 seal (if the officer have a seal) the day and year first above written. 
 
 Actions. — Except in certain attachment cases, are begun by a request to 
 clerk of court, in writing (called a prcecipe), to issue a summons to the defen- 
 dant, in which request is merely stated the amount sued for, without stating 
 fonn of action, except where real estate or specific personalty is sought to be 
 recovered. 
 
 Such summons commands the defendant to appear on the first Monday of 
 the next following month, provided there be ten days between the issuing of 
 the summons and such first IMonday. If service of the summons be made 
 ten days before the nde day (as such first Monday is termed), the defendant 
 must enter his appearance. Upon his failure to do so, the plaintiff may as of 
 course have a default against him entered up by the clerk. If the defendant 
 appears, he then has until the next succeeding rule day to plead or demur. 
 Upon his failure so to do, plaintiff may as in last case have an entry of de- 
 fault against the defendant. Upon such an entry of default in either event, 
 the plaintiff may at any subsequent time make proof before the clerk of his 
 cause of action, except where such action sounds in damages wholly requir- 
 ing the verdict of a jury, and have final judgment entered thereon. Upon 
 such final judgment execution may issue at any time after ten days. Proof 
 of cause of action after default may be by oral deposition before clerks, or 
 by affidavit, before some authorized official. In forwarding claims for collec- 
 tion, creditors shoiild send full names of all partners (in case of partnership) 
 and sworn statement of account. In all actions based upon a note, bond or 
 other instrument in writing for the payment of a specific sum of money 
 (with or without interest) or where no other step is necessary than mere 
 computation of amount due thereon, no other proof than production and 
 filing of such instrument is required. 
 
 Administration. — Letters of administration or letters testamentary are 
 issued by the judges of tlie county courts. Any executor or administrator 
 must be at least twenty-one years of age and of sound mind. AVhere minors 
 are named as executors in a will, letteis are granted to the f)iher executor or 
 executors, if any be named ; if not, then to the next of kin, or such other 
 person as the judge may a]3point, until such minor reaches majority, when 
 lie shall be qualified and act. Letters of administration are granted to those 
 applying therefor in the following order: The husband or wife, aiid next 
 such as are entitled to distribution in the order of consanguinity. In case 
 no such apply, or if though applying, there exist legal impediments to such 
 [Flor. 2,]
 
 168 FLORIDA. 
 
 acting, letters may be granted to a creditor or any suitable person after cita- 
 tion published for six weeks in a newspaper printed in the county wherein 
 the intestate was domiciled at time of death. If a person dies out of Florida 
 without property in Florida, but with debts due to him from persons living 
 in Florida, letters are grantable in any county where any such debtor resides, 
 to any person who may produce legal authority from the representatives of 
 the decedent; an administrator, however appointed, in another jurisdiction 
 may demand, collect (and maintain suits in Florida for the collection of) 
 debts without taking out letters of administration. But he cannot defend. 
 Executors are not necessarily required to give bonds but may be so required 
 upon a proper showing of any necessity therefor at the motion of any person 
 interested. Debts are to be paid by the personal representative, in the fol- 
 lowing ortler : 1. Funeral expenses. 2. Board and lodging during last ill- 
 ness. 3. Medical attendance, nursing and medicine during last illness. 4. 
 .Judgments of record rendered during lifetime of decedent, and all debts due 
 the state of Florida. 5. All other debts, whether by specialty or otherwise, 
 without distinction or rank. All debts and demands of any nature whatever 
 are barred unless exhibited within two years from the publication of notice 
 to present claims to the administrator. If the estate be worth less than 
 $2,000, the period of limitation is one year instead of two. 
 
 AfB.d.avitS. — Florida courts recognize in proof of claims, affidavits execu- 
 ted abroad before any official there authorized to take the same. It may well 
 be doubted whether such affidavit is sufficient as the basis of a judgment, 
 where objection is raised by the defendant. Where it is practicable, however, 
 foreign affidavits should be made before a commissioner for this state, duly 
 appointed by its governor. 
 
 Aliens. — Have same right to acquire, hold, and dispose of both realty and 
 personalty as citizens. 
 
 Appeals. — Are allowed from all final judgments of courts of justices of 
 the peace, to the circuit courts ; from all final judgments in actions at law, 
 and from all final decrees in chancery from the circuit courts to the supreme 
 court ; also from nearly all interlocutory decrees in chancery ; from deci- 
 sions of the county courts to both the circuit and supreme courts, seriatim ac- 
 cording to the particular ease. In order to operate as a supersedeas to a de- 
 cree in chancery, appellant must give such bond as may be prescribed by the 
 judge of the court below. A supersedeas to a final judgment at law is ob- 
 tained by giving bond to secure the amount thereof, with interest and costs. 
 
 Arrests. — No arrests in actions at law, either before or after judgment. 
 
 Assignments and Insolvency. — No laws relating to insolvency. Debtors 
 may assign their property with or without preference, according to provisions 
 of the common law. 
 
 Attachment Process. — May issue upon affidavit made before the proper 
 officer, setting forth amount actually due; that plaintiff has reason to believe 
 defendant will fraudulently part with his properly before judgment can be 
 recovered, or is actually removing his property, or is about to remove it, out 
 of the state, or reside beyond the limits thereof, or is actually removing out 
 of the state, or absconds or conceals himself, or is secreting property or fraud- 
 ulently disposing of same, or actually removing, or is about to remove, beyond 
 the judicial circuit in wliich he, she, or they reside. Plaintiff must give bond 
 with two securities, in at least double the debtor sum demanded. Also where 
 debt or demaiid is not due, but the same will fall due within nine months, 
 upon affidavit made of annmnt, and as to time it shall become due, and that 
 the defendant is actually removing his property beyond the limits of the state, 
 or, as the case may be, is fraudulently disi)Osing of or secreting the same, to 
 avoid payment of his debt, provided that plaintiff give bond as above. 
 fFlor 3.]
 
 FLORIDA. 169 
 
 No arrest allowed in civil actions. Garnishment process issues on judgment 
 rendered. Writs of garnishment may also be issued at commencement of 
 suit, or at any time afterward, provided the plaintiff, his agent or attorney, 
 will make affidavit that he does not believe the defendant will have in his 
 possession, within the state and county, visible property on which a levy could 
 l)e made, sufficient to satisfy such execution as he believes he shall be able to 
 obtain. 
 
 Banks and Bankers. — May be inc(.>ri>orated under the general incorpora- 
 tion law. 
 
 Bills of Exchange and Promissory Notes.— Subject to rules of the common 
 law generally, excL-pt that maker and endorser cannot be sued in one action, 
 nor can acceptor and drawer. Five per cent, damages allowed on foreign 
 commercial paper, protested in Florida. 
 
 Bills of Lading and Warehouse Receipts. — Xo statutes. Common law 
 2»revails. 
 
 Chattel Mortgages. — No mortgaged property, whether personal or real, 
 can be sold in Florida under any power of sale contained in the instrument, 
 but must, in all cases, be foreclosed by appropriate equity proceedings. Pro- 
 vision may be legally made for the payment of all ct)sts and expenses, includ- 
 ing counsel fees, in case of default, out of the proceeds of the property mort- 
 gaged. 
 
 Mortgages of personalty are by statute declared to be "utterly void," un- 
 less recorded according to law, in the office of the clerk of the circuit court 
 for the county wherein the property is situated, or unless the possession of 
 the property mortgaged be actually delivered to the mortgagee within twenty 
 days after the execution of the mortgage, and continue in his possession bona 
 Jide, In order to entitle such mortgage to be recorded so as to operate as con- 
 structive notice to the world, the mortgagor must acknowledge the same as 
 in cases of conveyance of real estate, and it must have two witnesses ; or if 
 there be no acknowledgment, one of said witnesses must, by affidavit, prove 
 the genuineness of the signature of the mortgagor. A seal is also very ad- 
 visible if not absolutely necessary. 
 
 Claims against Estates of Decedents.— ^lust be presented within six 
 months after due notice given by legal representative, or will be held barred. 
 
 Conditional Sales of Personal Property.— Xo statutes. No decisions. 
 Probably valid. 
 
 Corporations. — Generally created by articles of association under the gen- 
 eral incorporation law of the state, though the legislature may and often does 
 create them by special enactment. 
 
 Foreign Corporations doing business here, are required to appoint an agent 
 to represent them, upon whom service of legal process can be made. 
 
 Costs. — Security for costs can be demanded by any official before issuing or 
 serving papers. Where it is not demanded, the attorney for the party in de- 
 fault becomes personally liable. 
 
 Courts. — Terms and Jurisdiction of. — Circuit Courts hold two terms a yea-- 
 in each county, the state being divided into seven circuits. They have orig. 
 inal jurisdiction in all equity cases, and also in all cases at law involving 
 over $100. 
 
 County Courts at all times open for business have full probate powers. 
 
 Justices of the Peace are limited to actions at law involving $100 or less. 
 
 County Judges a,rc ex-ojicio jnst'iceH of the peace. There maybe criminal 
 
 .[Floi. 4.1
 
 17U FLORIDA. 
 
 courts of record created in such counties as petition the legislature therefor, 
 to try all misdemeanors and i-elieve the circuit court. They hold six terms 
 each year. 
 
 The Supreme Court sits only at Tallahassee, holds two terms each year, and 
 is purely an appellate tribunal. 
 
 Court Calender.— 
 
 IT. S. CIRCUIT AND DISTRICT COURTS, NORTHERN DISTRICT OF FLORIDA. 
 
 These courts are held at one and the same tune as follows : At Jacksonville oi> 
 1st Monday in December, with an adjourned term on 1st Monday in April of eacli 
 your. At Tallahassee on 1st Monday in February. At Pensacola on 1st Mondfiy in 
 iMareh. 
 
 The Circuit Court is open for the purpose of entering orders of course, takint; 
 defaults, and tiling appearances and pleadings on the 1st Monday of each month. 
 
 STATE SUPREME COURT. 
 
 This court holds two terms in each year, to wit:— On the 2d Tuesday in January 
 and June, and such adjourned terms as the Court may order. 
 
 STATE CIRCUIT COURTS. 
 
 The State is divided into seven Judicial Circuits, in which Courts hold two terms 
 a year. 
 
 FIRST CIRCUIT. 
 
 Spring Term.— In Santa Rosa County, last Monday in March; Escambia County, 
 2d Mondiiv in April ; Walton County, 1st Monday after 4th Monday in April ; Holmes 
 County, 2d Monday after 4tli Monday in April; Washington (Jounlj^ 3d Monday 
 alter 4th Monday in April ; Jackson County, on 4th Monday after 4th Monday in 
 April of each year ; De Sota County, 1st Monday in March. 
 
 Pall y(?r?n.— Santa Rosa County, 2d Monday in October; Walton, 4th Monday in 
 October ; Holmes County, 2d Wednesday after 4th Monday in October •Washington 
 County, 2d Monday after 4th Monday in October; Jackson County, 8d Monday after 
 4th Mondav in October; Escambia County, 1st Monday of December; De Sota 
 County, 3d Monday in September. 
 
 SECOND CIRCUIT. 
 
 Spring ro-m.— Liberty County, 1st Monday in March ; Calhoun County, 2d Mon- 
 day in March; Franklin CounH;, 3d Monday in March; Gadsden County, 4th Mon- 
 day in March ; Jefferson Coun^', 1st Monday after 4th Monday in March ; Wakulla 
 ( 'ounty, 3d Monday after 4th Monday in March ; Leon County, 4th Monday after 4th 
 Monday in March. 
 
 Frt^Z Term.— Wakulla County, 4th Monday in October; Jefferson County, 1st 
 Wednesday after 1st Monday in November; Gadsden County, 3d Monday in Novem- 
 ber; Liberty County, 4th Monday in November; (Calhoun County, 1st Monday after 
 4th ^Monday in November; Franklin County, 2d Monday after 4th Monday in No- 
 vember; Leon County, 3d Monday after 4th Monday in November. 
 
 THIRD CIRCUIT. 
 
 in October. 
 
 FOURTH CIRCUIT. 
 
 Spring 7Vr»n.— In St. John's fJounty, 2d Tuesday in March; Clay County, 4th Tues- 
 day in March; Bradford County, 1st Tuesda.v in April; Raker ('ounty, 2d Tuesday 
 in April; Nassau County, 3d Tuesday in April ; Duval County, 1st Tuesday in May. 
 
 Fall 7rrm.—In St. John's County, at St Aucrustinc, 2d Tuesday in S(>pteml)er; 
 Clay County, at Green Cove Springs, 4th Tuesday in September; Bradford County, 
 at Lake Butler, 1st Tuesday in October ; Baker County, at Sanderson, 2d Tuesday in 
 October; Nassau County, at ^'ornandina, .3d Tuesday in October ; Duval County, at 
 Jacksonville, 1st Tuesday in November. 
 
 [Flor. 5.]
 
 FLORIDA. 171 
 
 KlI-TII C'lKCUIT. 
 
 Sjpriud Term. — Sumter County, 1st Tui'sday in March; Marion County, 3d Tues- 
 day in Marcli ; I'utnani County, Jid Tuesday alter .{d Tuesday in March; Levy 
 County, 4tli Tuesday after Itli TuescUiy in Marcli ; Alacliua County, 2d Tuesday atte'r 
 4th Tuesihiv in Anrll 
 
 4th Tuesday .ill April. 
 
 Fall TVrjH.— Sumter County, 4th Tuesday in Septeml)er; Marion County, 2d Tues- 
 day in October; Putnam County, 2d Tuesday in November; Levy County, 4th Tues- 
 day in November ; Alachua County, 2d Tuesday after 4th Tuesday in November. 
 
 SIXTH CIRCUIT. 
 
 fipring 7>»-»h.— In Manatee County, at Pine Level, 2d Monday In March; Hills- 
 borough County, at Tampa, 4th Monday In March; Monroe (>)uiity, at Key West, 
 2d Monday in April; Hernando County, at Brooksville, 1st Monthly in May; Polk 
 County, at Barton, 3d Monday in May ; Citrus County, 1st Monday in March ; Pasco 
 County, od Monday In Manrh ; I^ee C'ounty, 3d Monday in June. 
 
 Fall Trrm.—lw Hernando County, 1st Monday in October; Hillsborough County.. 
 .'!d Monday in October; Polk County, 2d Jlonday after 3d Monday in October; 
 Monroe County, 1st Monday in December: Citrus County, 1st Monday in October: 
 P;iseo County, 1st Monday after 4th Monday iu October ; Lee County, 3d Monday \\\ 
 November. 
 
 SEVENTH CIRCUIT. 
 
 Spring Term.— In Dade County, 1st Monday in March; Brevard County, at Titus- 
 ville,3d Monday iu March; Volusia (!ounty, at Enterprise, 2d Monday in April; 
 Orange County, at Orlando, 2d Monday in May; Osceola County, 1st Monday in 
 May ; Lake County, 1st Monday in June. 
 
 Fall Term.— In Dade County, 1st Monday in October; Brevard County, 3d Mon- 
 day in October ; \^olusla ('ounty, 2d Monday in November; <)range County, 2d Mon- 
 day in December; Osceola County, 1st Monday in May; Lake County, 1st Mondays 
 in June. 
 
 COUNTY COURTS. 
 
 These are open at all times for business within their jurisdiction. 
 
 Curtesy. — Common law is abrogated by statute. (6'ec Descent and Din- 
 tributiou. 
 
 Deeds. — IMust be under seal, signed, sealed and delivered in the presence of 
 at least two witnesses, who sliall attest the same by signing their names. In 
 order to be admitted of record, so as to operate i^onstrnctive notice to persons 
 dealing withtlie lands conveyed, they must be a^j^nowledged within the state, 
 before some judicial officer or a notary public, or proof made by a subscrib- 
 ing witness before the recording officer. . Without the state and in tlie United 
 States, they may be acknowledged, of course, before a commissioner of deeds 
 for the state, and also before any officer of the state wherein the acknowledg- 
 ment is taken, atithorized by the laws of such state to take acknowledgments 
 of deeds. In the latter case, the t)fficer taking the acknowledgment sliould 
 also state that ho is duly authorized by the laws of the state to take acknowl- 
 edgments of the execution of deeds, and if he ha« no official seal, the usual 
 certificate as to his signature and authority, by proper officer, is required. 
 
 Depositions- — May be taken by commission, where any witness resides out 
 of the state, and under many other circumstances not necessary to be stated here. 
 The commission is issited by the clerk of the court in which the cause is pend- 
 ing. It may be delivered to the party applying for it, with the names of the 
 commissioners in blank, so tliat the party may send it to such commissioners 
 as he chooses, and they can fill in their names. The witness is sworn by tlic 
 commissioner. 
 
 At the conclusion of the examination, the deposition should be read over tiv 
 the witness, and he should subscribe the same, which should be followed by 
 a certificate, as follows: We hereby certify that thu foregoing answers wei'e 
 taken down by us, (or, as the case may be, " written down by the witness,'") 
 and, having been read over to the witness, were by him signed in our ])res- 
 cnce ; that we are not of kin or of counsel to the parties in this case or in 
 anywise interested therein. 
 [Flor. 6 ]
 
 172 FLORIDA. 
 
 Form of Instructions for taking Depositions. 
 
 CAPTIOI^. 
 
 Deposition of witnesses, produced, sworn and examined on the day 
 
 of , A. D. 18 — , at the county of , in the state of — — , by virtue of 
 
 the amiexed commission issued out of tlie clerk's office of the court of the 
 , in the county of , state of Florida, to us directed, for the examina- 
 tion of the said witnesses, in a cause there pending between , phiintiff, 
 
 and , defendant, on the part of the plaintilf (or defendant, as the case 
 
 may be), being duly sworn, deposeth and auswereth as follows, namely. 
 
 (Give names of witnesses. ) 
 
 1. To the first interrogatory, the witness saith, that, etc., and soon, to 
 ■each successive interrogatory until the whole are answered. The witness mvist 
 then sign the deposition, and the commissioners attest the signature by the 
 following jurat : 
 
 Sworn to and subscribed before vis, the day of . A. T). 13 — . 
 
 — and , Commissioners. 
 
 If there are any cross-interrogatories, the commissioners should jjroceed 
 with them, inserting the answers immediately following the answers of the 
 • direct interrogatories, in the form following : 
 
 The said witness answers and deposes to the cross-interrogatories as fol- 
 lows, namely: 
 
 1. To the first cross-interrogatory he answers and says, etc., and the 
 :iinswcrs to the cross-interrogatories should be signed by the witness and at- 
 tested by the commissioners, in the same manner as directed for the direct 
 interrogatories. 
 
 At least two commissioners must join in the execution of the commission. 
 
 When the examination is concluded, the commission, interrogatories and 
 answers must be enclosed in an envelope, the commissioners must write their 
 names across tlie seals on the envelopes, and having endorsed thereon the title 
 of the cause, thus : 
 
 vs. , third judi(M,l circuit of Florida, in circuit court, county. 
 
 Direct the packet to , clerk circuit court, of county, Florida, at 
 
 , Florida. 
 
 Packages containnig the commission, etc., may be returned to the clerk 
 of the court by a party in the cause, or other person, or by mail. 
 
 Note. — The cvistomary abbreviations or initials of office, or of the chris- 
 tian names of the commissioners, postmasters, magisti'ates, clerks, attorneys 
 and witnesses are sufficient. 
 
 Descent.-^The real estate of persons dying intestate, descends as follows : 
 In the case of a husband to the children, share and share alike. If there be 
 a widow, she niay elect to take a child's part within twelve months after the 
 granting of letters, else she will be confined to her dower. And if there be 
 no children and there be a widow, slie becomes the sole heir-at-law. Upon 
 the death of a married woman intestate, the husband and the children of the 
 woman inherit equally. If there be no children, the husband takes the 
 whole. It is not deemed worth while to follow out the rule of descent 
 further. 
 
 The widow is, in all cases, unless she elects to take a child's part as above 
 .stated, entitled to be endowed of an estate for herself, in one-third of all the 
 lands of which her husband was, at any time during the nxarriage, seized in 
 fee, and whicli were not conveyed by the joint deed of husband and wife, and 
 ^one-third absolutely of all his personal estate.
 
 FLORIDA, 17S-. 
 
 Distress. — Distress warrants for the collection of rents may issue from the 
 county Judge or a justice of the peace, according to the amount involved. 
 The common law remedy of distress, it is believed, may also be used. 
 
 Divorce. — -1 vinculo matrimonii may be decreed by the circuit court. 
 There is no divorce a mensa etthoro. The complainant must have resided in 
 the state two years. Divorce may be had for the following causes ; Where 
 the jiarties are within the degrees pn_>hibited by law ; where either party is 
 naturally impotent ; where either has committed adultery. (The decree, in 
 no case, shall render illegitimate, issue born during marriage.) Also, for the 
 following causes ; Where either of the parties had another wife or husband 
 living at the time of his or her marriage ; (where either of the parties had a 
 former wife or husband living at tlie time of marriage, the marriage is abso- 
 lutely void and the issue illegitimate) ; for extreme cruelty, for habitual 
 indulgence of violent and ungovernable temper ; for habitual intemperance ; 
 for wilful, obstinate, and continued desertion for the period of one year. 
 
 Where there has been a divorce in another state, either of the parties who 
 subsequently reside in this state for two years, may have, upon that ground 
 a decree of divorce here. Where the party against whom the complaint is 
 made, resides out of the state, or has removed therefrom, so that ordinary 
 process cannot be served, service may be made by publication for the space 
 of three months, at least, in some public newspaper of the state, or the court 
 may order sennce by copy of the bill and an order for a hearing thereon, duly- 
 certified by the clerk of the court, served upon the defendadaut, at least 
 three months before the day appointed for the hearing. 
 
 DoWQT.—iSce Descent and Distribution.) 
 
 Form of Relinquishment of Doiccr by the Wife. 
 
 State op Flokida, } 
 County of . S ' 
 
 I, (name of officer and designation of officer before whom acknowledg- 
 ment is made) do hereby certify unto all whom it may concern, that , to 
 
 me well known as the wife of , and as one of the persons described in, 
 
 and who executed the foregoing deed of conveyance (as the case may be), did 
 this day to me, on a private examination made separately and apart from her 
 said husband, acknowledge and declare that she made herself a party to and 
 executed the same for the purpose of renouncing and relinquishing all and 
 every dower and right of dower in and to the lands in said conveyance de- 
 scribed, and that the same was done by her freely and voluntarily, and with- 
 out any constraint, apprehension, or fear of or from her said husband, the 
 said . 
 
 In witness whereof, I have hereunto set my hand and affixed my official 
 seal, this day of , A. D. 18 — . 
 
 Evidence. — Xo disqualification of witnesses on account of interest, except 
 in actions by or against executors or administrators. 
 
 Executions. — ^lust be renewed every six years. No stay. They are re- 
 turnable when satisfied. Sheriff reporting progress at each term. No redemp- 
 tion of property sold thereunder. ]May issue at any time not less than ten 
 days, (unless by special order of the court) nor more than two years after 
 rendition of final judgment. 
 
 Executors. — An executor must be twenty-one years of age or upwards^ 
 and of sound mind. Where executors named in a will are minors, letters 
 are grantable to the other or others named in the will, if such there be, if 
 not. then letters are granted to the next of kin, or to some appointee, until 
 [Flor. 8.]
 
 174 FLORIDA. 
 
 such minor or minors become of age, when ho or they are deemed capable to 
 act. Executors of wills are not required, as a matter of course, to give 
 bond. Where an executor resides or has removed beyond the limits of the 
 .state, and has no agent within the state upon whom service can be made, at- 
 tachment may issue against the effects of the testator in the control of such 
 lexecutor. 
 
 Exemptions,— Homestead of 100 acres of land and improvements, if in 
 the country ; a residence and one-half acre of ground, if in an incorporated 
 city or town, together with $1,000 worth of personal property. The exemp- 
 tions in a city or town shall not extend to more improvements or buildings 
 than the residence and business house of the ownei-. No property is exempt 
 from sale for taxes, or for obligations contracted for its purchase, or the 
 'erection of improvements thereon, or for house, field or other labor per- 
 formed tliereon. Tlie wages of every laborer who is the head of a family 
 rosiduig in the state are exempt from attachment. By the new constitution 
 '(article 10), in force after December .31, 1886, these exemptions inure to 
 widow and heirs. Holder of homestead alienates same by deed duly execu- 
 ted and delivered. If witliout children, holder mav dispose of homestead 
 by will m any manner prescribed by law. No hornestead in the country 
 shall be reduced in area by reason of its being subsequently included within 
 the limits of an incorporated city or town, without the consent of the owner. 
 
 Factors. — Common law prevails. 
 
 False Pretense. — Avoids contract ''^"(^ n'iiy subject oftender to criminal 
 action. 
 
 Frauds, Statute of.— Contracts for the sale of any personal property are 
 invalid, unless buyer accepts part of goods sold, and actually receives same, 
 or gives something in earnest or part payment or some memorandum of the 
 trade is made in writing and signed l^y the party to be charged. Executors 
 and administrators are not persoiiiilly liable for the debts of their decedents, 
 nor is any person liable upon a special promise to answer for the debt or de- 
 fault of another, or ui^on any agreement made upon consideration of mar- 
 riage, or upon any contract for tlie sale of lands or any interest therein, or 
 for any lease of lands for a longer period than one year, or upon any agree- 
 ment not to be wholly performed witliin a year from the time of making the 
 same, unless tlie agreement or promise or some memorandum thereof shall 
 ■be made in writing and signed by tlie party to be charged or his lawfully 
 authorized agent. 
 
 Gamislunent. — Writs of garnishment may be issued at the time of suit 
 In-ought, or pending the suit, upon oath by the plaintiff, his agent or attor- 
 ney, that he does not believe that tlie defendant will liave in the county and 
 state wliereiu the suit is brought, sufficient i)roperty in his possession upon 
 which a levy can l)e made to satisfy the judgment whi<;h the affiant believes 
 the plaintiff will obtain in the suit. The name of garnishee is merely stated 
 by affiant. Such writs may issue upon judgments at suggestion by judg- 
 ment creditor of the indebtedness of tlie ganiisliee to tlie defendant. No 
 'bond is required. 
 
 Grace. — Three days' grace allowed on all'papcr as established by the rules 
 of the common law, except on sight drafts." 
 
 Homestead. — (See Exempt ion n.) 
 
 Insolvent Laws.— None exist 
 
 [Flor. 9.]
 
 FLOltlDA. 175 
 
 Interest and Usury. — Legal rate 8 per cent., which rate is allowed on 
 judgineuts and (»n all contracts where interest is allowable, l)nt no rate sptv 
 cified. All usury laws have l)eeu repealed and any rate agreed upon in writ- 
 ing is enforceable. 
 
 Judgments. — Of a court of record and of justice court where transferred 
 ai'c a lien ui)ou real estate of debtor within the county whei'e rendered, and 
 may be extended to other counties by recording certified transcript of judg- 
 ment in any county where a lien is sought. Same is true of decrees of courts 
 of equity. And where an execution issues within three years from the date 
 of tlie rendition of the judgment, the lieu is preserved for twenty years 
 without revival. 
 
 Justices of the Peace and Judges of the County Courts. — Have jur- 
 isdiction of all claims for debt ordaniagcs not exceeding slOO. Every county 
 judge is ex-offlcio justice of the peace. They may issue attachments. 
 
 Landlord and Tenant. — {See Dixtress.) — Summary process for eviction 
 and I'estoration of possession on non-payment of rent exists by statute. 
 County judge has jurisdiction of same. 
 
 Leases. — If for not over one year they may be valid. If for over one year 
 they must be in writing. If for seven years or over, they must be executed 
 with the same formality as attend the execution of deeds, and be duly ac- 
 knowledged and recorded in order to be valid against third parties without 
 notice. 
 
 License. — Local option by counties and cities to determine question 
 Avhcther or not licenses shall issue to sell liquor. Annual license fee $600. 
 No election oftener than biennially. 
 
 Liens. — Lessor of land or buildings has a lien for rent superior +o all other 
 liens, except as to property brought by lessee, or to the land with a lien 
 already existing in favor of some third person. 
 
 Mechanics and material men may have a lien upon any building they have 
 constructed or repaired or furnished material for, and also on the interest of 
 the owner thereof in the land on which such building stands, to the extent of 
 the value of material furnished, or labor dcnie. To acquire such lien, notice 
 of intention to hold the same nuist be filed within sixty days in the office of 
 the clerk of the circuit court for the county wherein such building is situ- 
 ated. Suit may be brought to enforce this lien within twelve months from 
 the completion of the work or furnishing of materials, or after the expira- 
 tion of credit, if credit be expressly stipulated. Unless suit be brought 
 within such time, lien becomes abandoned. 
 
 Limitations, Statutes of. — For the recovery of real estate : within seven 
 years of the commencement of adverse possession by the defendant, and no 
 action for the recovery of real estate and no 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 that the person pii)secuting the action or mak- 
 ing the defence or under whose title the prosecution or defence is made, was 
 seized or possessed of the premises within seven years before the accruing 
 of the right of action or defence, except iu case of title derived directly from 
 the United States or the state of Florida. In such case, limitation shall not 
 commence to run until the date of the patent. Other actions as follows : ac- 
 tions on judgments of courts of the United States, or of any state or terri- 
 tory, contract or obligation in writing under se<al ; within five years, con- 
 tracts in writing not under seal ; within three years, trespass to realty, tak- 
 ing, detaining or injury to chattels; for relief on ground of fraud upon con- 
 [Flor. 10.]
 
 176 FLORIDA. 
 
 tract not founded upon instrument of writing, except open account for goods,, 
 wares and merchandise ; within two years, action for libel, slander, assault, 
 battery, false imprisonment, an open account for goods, wares and merchan-- 
 dise. No renewal except by promise in writing. 
 
 Limited Partnerships. — May be formed by two or more persons for the 
 purpose of conducting any business whatever, except banking, insurance, 
 railroad or canal enterprises. Besides the partnership assets, each partner is 
 held responsible in a sum equal to his original investment in the partnership 
 business. Unless articles of co-partnership provide differently, any one of 
 the partners may bind the firm. 
 
 Articles of co-partnership must be executed, witnessed and acknowledged 
 in the same manner as deeds, and filed with and recorded by the clerk of the 
 circuit court in the county in which the principal place of business is situ- 
 ated. Such articles shall give the name of the firm, the general nature of 
 the business, names of partners and places of residence, amount and nature 
 of capital contributed by each, and the periods of commencement and term- 
 ination of said co-partnership. The word "limited" sliall be attached to 
 the signature of tlie firm in all business transactions. At the time of filing- 
 said articles with the clerk, the affidavit of one of the partners shall be filed 
 therewith, stating exact amount contributed by each partner. Terms of 
 partnership, when thus recorded, are to be published in county of principal 
 p'xace of business at least six weeks ; otherwise, pai-tnership shall be deemed 
 general. 
 
 Married Women. — Retain their property, real or personal, owned at mar- 
 riage or acquired tliereafter by gift, devise, descent or purchase, free from 
 control of the husband, and not liable for his debts. Except with her con- 
 sent, given by some instrument in writing, executed according to the law re- 
 specting conveyances by married women. 
 
 A married woman may become a free dealer by an order of judge of cir- 
 cuit court after proper statutory proceedings, whereupon she may contract 
 exactly as if she were afemme sole, except with her own husband. 
 
 Husband must join in all sales, transfers and conveyances of the wife's 
 property. Widow takes dower in a life estate in one-third part of the real 
 estate of which her husband was seized and possessed at any time during her 
 coverture, and an absolute one-third of all personalty ; or may, at her option 
 take as an heir equally with the children of the husband ; and if there are no 
 children, she will iiUierit all the property, real and personal. 
 
 By article II, section 2 of the new constitution, it is provided that "A mar- 
 ried woman's separate real or personal property may be charged in equity 
 and sold, or the uses, rents and profits thereof, sequestrated for the purchase 
 money thereof ; or for money or thing due upon any agreement made by her 
 in writing for the benefit of her separate property ; or for the price of any 
 property purchased by her, or for labor and material used with her knowl- 
 edge or assent in the construction of buildings, or repairs, or improvements 
 upon her property, or for agricultural or other labor bestowed thereon, with 
 her knowledge and consent. 
 
 Mechanics' Liens. — (See Liens.) 
 
 Minors. — Minors become of age at 21. No exception on account of either 
 sex or coverture. A minor desiring to do business on his or her o^vn account 
 may become a free dealer by proceeding as a married woman may do having 
 same object in view. Where minors arc defendants they must bo served 
 with process before any guardian ad litem is appointed. 
 
 Mortgages of Real Estate. — All instruments conveying or selling prop- 
 erty executed citlicr to the creditor direct or to somi; third person for liim, if 
 intended to secure the payment of money are deemed and held as mortgages. 
 
 [Flor.'ll.]
 
 FLORIDA. 177 
 
 A mortgage of realty should be executed in the manner jjrovidcd in the case 
 of deeds, and must be recorded in the records of the county where the prop- 
 erty is situated to make it ett'ectual against subsecjuent j^urchasers for valu- 
 able consideration anil without actual notice. Tlie mortgagor retains pos- 
 session and his interest can only be divested by legal proceedings after default 
 ill some condition of the mortgage. Executors and adniinistrators may not 
 mortgage the homestead of their decedent. 
 
 Notes — (See Jiills of Exchange.) 
 
 Oaths. — {See Affidavits.) 
 
 Promissory Notes. — (See Bills of Exchange.) 
 
 Practice. — {See Actions.) 
 
 Proof of Claims. — (See Affidavits.) — Affidavits attached to open accounts 
 should set out the parties, the relation of affiant to plaintiff, (agent, clerk, 
 member of tirm, &c.), the fact that the goods, &c., were sold and delivered 
 by the plaintiff to the defendant at the time and at the prices therein charged; 
 that, on a day therein named, the amount claimed was due from defendant 
 to plaintiff, and that the same has not been paid or any part thereof, except 
 as therein stated. 
 
 Recording. — (See Chattel Mortgages, Deeds, Leases, Liens and Mortgages.) 
 
 Redemption. — (See Taxes and Executions.) 
 
 Replevin. — May be bi-ought to recover goods and chattels wrongfully 
 taken or detained. Bond is required to be given in double the estimated 
 value of the property to be replevied. Defendant in replevin has three days 
 in which to re-replevy by giving bond in double the value of the property. 
 
 Revenue. — (See Taxes and License.) 
 
 Revision. — Legislature meets biennially in April of every odd year at 
 Tallahassee, for the pui-pose of revising the existing statutes of the state 
 and other constitutional duties. 
 
 Revivor. — Bills of revivor in equity are governed by the usual rules of 
 chancery practice which are in general the same as in vogue in the Federal 
 courts. 
 
 Seal. — Necessary to all instruments in order to entitle them to be recorded. 
 Mere scroll or printed word ''seal" is sufficient. Every court of record has 
 its own distinct seal and must act by it. 
 
 Security of Costs, etc. — (See Costs.) ^ 
 
 Stay of Execution. — None in Florida. 
 
 Suits.— (•''Vf Actions.) 
 
 Supplementary Proceedings.— Common law governs. 
 
 Taxes. — Are assessed against owner or occupant of lands on March 1st of 
 each year, where known (otherwise assessed as "unknown"), and are liable 
 to be sold for non-payment of taxes in one year from that date. Where sale 
 has been made, owner has one year in which to redeem upon payment of 
 amount of sale and twenty-five per. cent thereon. 
 [Flor. 12.1
 
 178 FLORIDA. 
 
 Trust Deeds. — Must be in writing, signed and sealed as ordinary deeds, 
 except where trust arises by iniplicatiun of law, in which case the common 
 law rules and doctrines of equity govern. 
 
 Usury. — {See Interest and Usury.) 
 
 Wages. — ( »S( t' Exeniptiuiis. ) 
 
 Wills. — Any ])erson twenty-one years old and upwards has power, by will 
 and testament, to dispose of all his lands and effects. 8uch will must be 
 signed by the testator or by some one in his presence, by his express direc- 
 tion, and shall be attested and subscribed in the presence of the testator, 
 by three or more witnesses. It may be proved by the person named as ex- 
 ecutor, if disinterested, or by any disinterested credible person. Wills made 
 in other states relating to property in tliis state shall only be effectual here 
 provided they have been made to conform to the aljove requirements. Nun- 
 cupative wills ai'c effective wlien made in the presence of three witnesses, 
 .some of whom were requested by the testator to bear witness to the fact of 
 its being his will, aud when made in the testator's last sickness. After six 
 months passed after the speaking of said testamentary words no testimony 
 shall be received to prove any nuncupative will, unless the said testimony, 
 or the substance tliereof, were reduced to writing within six days from the 
 making of said will, and were swt)rn to before some judicial t>fficial of this 
 state within the said six days. 
 
 Witnesses.— (^'cf Emlence.) 
 
 [Flor. IS.]
 
 FLORIDA. 
 
 179 
 
 ATTORNEYS IN FLORIDA. 
 
 Bold Face Type denotes county seats. A dash (— ) le.ss than 100 population. 
 Figures after names when admitted to tlie Bur. A stnr (*) Notaries Public. 
 A double dagger (t) our Compiler of Laws. 
 A dagger (f) former recommendations witlidrawn. 
 
 I'LACK. 
 
 COUNTY. 
 
 NAMES OF ATTOltNKYS. 
 
 popula'n. 
 
 Apalachicola 
 
 Franklin 
 
 H. C. Hicks. 
 
 
 3,39(5 
 
 Bartow 
 
 Polk 
 
 J. W. Brody, "77. 
 
 
 3,500 
 
 Bronson 
 
 Levy 
 
 S. L. Carter. 
 
 
 41o 
 
 Bristol 
 
 Liberty 
 
 R. F. Hosford. 
 
 
 300 
 
 Brooksville 
 
 Hernando 
 
 T. M. Shackelford. 
 
 
 8«»7 
 
 Cerro Gordo 
 
 Holmes 
 
 {See Marianna.^ 
 
 
 375 
 
 Clermont 
 
 Lake 
 
 WM. A. HOUf E, •C:] 
 
 
 
 
 Crawfordville 
 
 Wakulla 
 
 Duval & Walker. 
 
 
 275 
 
 DaYtoiia 
 
 Volusia 
 
 C. IL Spencer. 
 
 
 1,200 
 
 DeLaiid 
 
 Volusia 
 
 Hamlin & Stewart. 
 
 
 1,250 
 
 Enterprise 
 
 Volnsia 
 
 J. W. Price. 
 
 
 500 
 
 Euchee Anna 
 
 Walton 
 
 D. Campbell. 
 
 
 301 
 
 Eustis 
 
 Orange 
 
 J. L. Brown. 
 
 
 1,250 
 
 Fernandina 
 
 Nassau 
 
 D. M. Hammond. 
 
 
 3,000 
 
 Gainesville 
 
 Alachua 
 
 Taylor & Sancliez. 
 
 
 4,500 
 
 Green Cove Spring Clay 
 
 P. C. Fisher. 
 
 
 1,200 
 
 Jacksonville. 
 
 Duval County. Poi'ulation 
 
 26,00C 
 
 1. 
 
 SILAS A. BRADLEY, 
 
 "55. 
 
 
 
 Reference — James W. Sclmmaclie 
 
 r, Pres. 1st National Bank of Florida. 
 
 R. C. 
 
 Cooley, Cashier 
 
 Fernandina Bank, Fernandina, 
 
 Florida. 
 
 \ Holmes A. Pottison. 
 
 
 
 
 Jasper 
 
 Hamilton 
 
 PL T. Stewart. 
 
 
 311 
 
 Key West 
 
 Monroe 
 
 E. 0. Locke. 
 
 
 20,000 
 
 Kissimee 
 
 Orange 
 
 ANDREW.J. ROSE, 
 
 "80. 
 
 1,300 
 
 Lake Butler 
 
 Bradford 
 
 S. B. Rhodes. 
 
 
 275 
 
 Lake City 
 
 C^olumbia 
 
 B. H. Palmer. 
 
 
 1,338 
 
 Live Oak 
 
 Suvs^annee 
 
 White & White. 
 
 
 1,460 
 
 Madison 
 
 Madison 
 
 Hon. E. J. Vaun. 
 
 
 1,256 
 
 Marianna 
 
 Jackson 
 
 Liddon & Carter. 
 
 
 1,586 
 
 Milton 
 
 Santa Rosa 
 
 J. Chain. 
 
 
 1,550 
 
 Miami 
 
 Dade 
 
 {See Key West.) 
 
 
 150 
 
 Monticello 
 
 Jefferson 
 
 S. Pascoe. 
 
 
 1,250 
 
 New Troy 
 
 La Fayette 
 
 G. AV. Breare. 
 
 
 275 
 
 Ocala 
 
 Marion 
 
 II. L. Anderson. 
 
 
 2,700 
 
 Orange City 
 
 Volusia 
 
 ALB ERT M.BAILEY 
 
 ,'00. 
 
 1,102 
 
 Orlando. Ouange County. Population 5,500. 
 
 X Cheney (John M.) & Odlin (Arthur F. ). 
 
 <SV'<' Caril ill Api>cii((i.r, paijc vi. 
 
 HAPJHSON,-::- "(is (H. C.) & PEELER.- -.s:; (W. L.).
 
 180 
 
 FLORIDA. 
 
 NAME OF ATTORMEYS. POPULA N 
 
 Palatka 
 
 Putnam 
 
 Davis ifc Vary. 
 
 4,000- 
 
 Pensacola 
 
 Escambia* 
 
 R. L. Campbell. 
 
 10,000 
 
 Perry- 
 
 Taylor 
 
 J. R. Kimbrew. 
 
 230 
 
 Plant City- 
 
 Hillsborough 
 
 J. S. Young. 
 
 600 
 
 Pine Level 
 
 Manatee 
 
 Z. T. Crawford. 
 
 35.'> 
 
 Quincy 
 
 Gadsden 
 
 A. K. Allison. 
 
 975 
 
 St. Augustine 
 
 St. Johns 
 
 J. "W. Henderson. 
 
 3,392 
 
 Sanderson 
 
 Baker 
 
 (See Jacksonville.) 
 
 .S50 
 
 Starke 
 
 Bradford 
 
 Thos E. Bugg. 
 
 1,000 
 
 Tallahassee 
 
 Leon 
 
 f J. A. Henderson, 
 tt^'. W. McGrif 
 
 3.465 
 
 Tampa 
 
 Hillsborough 
 
 BARROW PHILLIPS, '67 4,000 
 
 Titusville 
 
 Brevard 
 
 Jones & Allen. 
 
 230 
 
 BANKS IN FLORIDA. 
 
 Giving tlie name of town, bank and cashier, and amount of paid-up capital ot one 
 bank in each county of this State in wliich such a banking institution is located. 
 
 
 
 
 PAID UP 
 
 PLACE. 
 
 NAME OF BANK. 
 
 CASHIER. 
 
 CAPITAL. 
 
 Apalachicola 
 
 Herman Rugs &, Sons 
 
 
 
 Bartow 
 
 Polk County Bank 
 
 W. J. Emerson. 
 
 $ 35,000 
 
 De Land 
 
 Volusia County Bank 
 
 Fred. S. Goodrich. 
 
 5,000 
 
 Eustis 
 
 Bank of Eustis 
 
 (Bishop Bros. ) 
 
 5,000 
 
 Gainesville 
 
 H F Dutton & Co 
 
 
 50,000 
 
 Jacksonville 
 
 Nat B'k State of Florida 
 
 J. N. C. Stockton. 
 
 100,000 
 
 Key West 
 
 Bank of Key West 
 
 Geo. W. Allen. 
 
 50,000 
 
 Kissimee City 
 
 Kissimee City Bank 
 
 F. H. Skelding. 
 
 26,000 
 
 Lake City 
 
 Lake City Bank 
 
 (N. S.Collins & Co.) 
 
 25,000 
 
 Leesburg 
 
 Bank of Leesburg 
 
 (Gager Bros.) 
 
 
 Ocala 
 
 First National Bank 
 
 A. Mclntyre. 
 
 50,000 
 
 Orlando 
 
 a a .t 
 
 N. Poyntz. 
 
 35,000 
 
 Palatka 
 
 (< a (( 
 
 H. C. Payne. 
 
 100,000 
 
 Pensacola 
 
 (( ^i 11. 
 
 W. A. S. Wheeler. 
 
 50,000 
 
 Sanford 
 
 The Lyman Bank 
 
 C. F. Parmele. 
 
 13,500 
 
 Stanton 
 
 Bank of Lake Weir 
 
 F. C. IBuftum. 
 
 25,000 
 
 St. Augustine 
 
 First National Bank 
 
 Geo. W. Gibbs. 
 
 50,000 
 
 Tallahassee 
 
 (B C Lewis & Sons) 
 
 
 
 Tampa 
 
 First National Bank 
 
 T, C. Taliaferro. 
 
 50,000
 
 STATE OF 
 
 GEOROIA. 
 
 SU:\rMARY OF 
 
 CoLLKCTioN Laws. 
 
 CocRT Calendar, Instructions for taking Depositions, Legal Forms, Etc. 
 Expressly Prepared and Revised to Nov. 1st, 1887, for "Showers' 
 Legal Directory and Merchants' Guide." for 1888, by 
 James L. anderson of the Macon Bar. 
 
 Ackno-wledgments.— (>Sce Deeds.) 
 
 Actions. — Actions are brought in justice court by written summons, issued 
 and signed bytlie ju.stice of the peace, in wliicli tlie time and place of trial 
 .shall be specitied, and to which a copy of the note, account, or cause of action 
 sued on shall be attached. The summons should bear date fifteen days before 
 the time of trial, and should be served upon the defendant by giving him a 
 ■copy in person, or leaving the same at his usual and most notorious place of 
 abode, at least ten days before the trial — which is at the first term, uidess 
 continued by operation of law, or from some good cause shown. 
 
 The practice and modes of procedure in the county courts are the same as 
 in the superior courts, except where suits are brought to the monthly terms 
 (see court), such being governed by justice court rules — the suit, however, 
 being begun by petition. Actions are brought in the superior courts by pe- 
 tition, fully an<l distinctly setting forth the cause of action, and to which a 
 copy of the n(jte, account, or cause of action sued on is attached. The peti- 
 tion should be signed by the plaintiff or his attorney, and tiled with the clerk 
 ■of the court at least twenty days before the return term, said clerk should 
 annex to said ptitition a process — unless the same is waived — and a copy of 
 the petition and pnxiess shoiUd be served upon the defendant — in person, or 
 by leaving it at his residence — by the idieriff or his deputy, at least fifteen 
 ■days before the return term. "Bill in equity must be filed thirty days before 
 the return term. Suits in superior courts stand for trial at the second term 
 — except actions for rent, which are tried at first term. The i)ractice in city 
 •courts is not uniform. Attorneys are responsible for costs, where clients live 
 ■out of the state. 
 
 Administration of Estates of Deceased Persons.— Courts of ordinary, 
 have original, exclusive, and general juiisdiction of the granting and revok- 
 ing of letters of administration, and of all matters which relate; or appertain to 
 •estates of deceased persons. (AV<? Courts, Terms andJurisdiction.) 
 
 The ordinary can grant administration upon no i)erson's estate who was not 
 a resident of the county where ajiplication -was made at the time of his death, 
 unless, T)cing a non-resident of the state, he had i)ro])erty in said county, or 
 a bona fide cause of action against some ijerson therein. When such non- 
 
 IGcorgia 1.]
 
 182 GEORGIA. 
 
 resident deceased person has property or cause of action in more than one 
 county, letters of administration may be granted in either county, and tlie 
 ordinary first granting such letters, acquires exclusive jurisdiction. 
 
 None but citizens of the United States, residing in the state of Georgia, are 
 (jualified to be made administrators, except where a citizen of another state 
 or tei-ritory of the United States, shall be heir at law, of equal, greater or 
 sole interest, of any estate of a deceased citizen of Georgia, it shall be law- 
 ful for such non-resident citizen to act as administrator of such estate, upon 
 his giving bond and good security in a sum equal to double the amount of 
 such estate, payable to the ordinary of the county before whom he may qual- 
 ify in this state. The securities upon such bond must be i-esident citizens of 
 this state. 
 
 Administration de bonis non is granted upon an estate already partially 
 administeied, and from any cause unrepresented. Administration with 
 the will annexed, is granted where the deceased died testate, but no execu- 
 tor appeal's to qualify and execute the will. If the executor appointed is dis- 
 qualified for want of age, the letters may be granted until the disability 
 ceases. 
 
 In granting letters of administration of any kind, the following rules are 
 observed, the applicant being, in all cases, of sound mind, and laboring under 
 no disability : 1st. The husband or wife surviving, irrespective of age, shall 
 be first entitled ; 2d. The next of kin at the time of death, according to the law, 
 declaring relationshii) and distribution, shall be next entitled ; but if the party 
 died testate, the person most beneficially interested under the will, shall have 
 the preference. Relations by consanguinity preferred to those by affinity ; 
 8d. If there be several of the next of kin equally near in degree, the person 
 selected in writing by a majority of those interested as distributees of the es- 
 tate, and who are capable of expressing a choice, shall be appointed ; 4th. If 
 no such i^reference is expressed, the ordinary may exercise his discretion in 
 selecting the one best qualified for the office; 5th. Where no application is 
 made by the next of kin, a creditor may be appointed ; and among creditors, 
 as a rule, the one having the greatest interest will be preferred ; 6th. The 
 persons entitled to an estate may select a disinterested person as administrator, 
 and, if otherwise qualified, he shall be appointed ; 7th. The person entitled 
 to administration may desire a third person associated with him in the ad- 
 ministration, and in such case, if otherwise qualified, he may be appointed ; 
 8th. No person shall be appointed administrator, who is neither of kin to the 
 intestate, nor a creditor, nor otherwise interested in the grant of administra- 
 tion, except in cases before provided ; 9th. If a married woman is next of kin,, 
 her husband is entitled to the administration. If female administratrix or 
 executrix marries, her husband maybe apijointed administrator. The ordinary 
 however, may, in his discretion, grant the letters to any other person thereto, 
 entitled under any of the prescribed rules ; 10th. As a general rule to cover 
 all cases not specially provided for, the person having the right to the estate,, 
 ought to have the administration. 
 
 If administration has been granted to more than one, upon death of either 
 the right of administration survives to the other. Every administrator, 
 upon his qualification, must give bond, with good security, approved by the 
 ordinary. Administration may be granted to a person other than the one in 
 whose name citation issues, and without a new citation. Every admini- 
 strator must make a true and just account, upon oath, on or before the 
 regular term of the ordinary's court, in July of each year, of his re- 
 ceipts and expenditures in behalf of the estate during the preceding year. 
 To this account should be attached all vouchers, or copies of the same,, 
 showing the correctness of each item. The return of a non-resident ad- 
 ministrator may be admitted to record up(m the affidavit of his surety. 
 Every administrator must give six weeks' notice, by advertisement in a ])ub- 
 lic gazette of this state, or at thr§e different places of the most public resort 
 in the county, for creditors of the estate to render in their demands. The 
 administrator is allowed twelve months from the date of his qualification to. 
 
 [Georgia 2.]
 
 (;p:or(jia. i83 
 
 ascertain the cinidition of the cstuU-. ("reilitors luillii^' to .i;i\\; iioUc ■ v. Jtlilii 
 tluit time lose tlio right to an equal participation with creditors of e<iual dig- 
 nity to Avhoni distribution is made, before notice of such claims is brought to 
 the administrator. Claims against the estates t)f deceased persons should 
 be itemized, and it is usual, for tiie satisfaction of the administrator, to ac- 
 company them with an affidavit to the etfect that such claim is just and un- 
 paid. Administi'ators should i)ay the debts of the estates rei)rescnted by 
 them at the expiration of the first year after their qualiticatitm, as far as pos- 
 sible. No suit at law can be brought against them within this time. Debts 
 against deceased persons rank in priority as follows : 1st. Funeral expenses, 
 including physieiairs bill and expenses of last illness. 2d. The expenses of 
 administration, including a ]irovision for twelve months' support of widow 
 and children. 3d. Taxes or debts due the state or United States, 4tli. Debts 
 due by the deceased as executor, administrator, guardian, or trustee, if he 
 had actual possession, control and management of the trust property. 5th. 
 Judgments, mortgages and other liens created during the life time of de- 
 ceased, to be paid according to i)riority of lien. Gth. J)ebts due for rent. 
 7th. All liquidated demands, including foreign judgments, dormant judg- 
 ments, bonds, and all other obligations in writing for the payment t»f money, 
 promissory notes, and all debts, the amount due on which was fixed and as- 
 certained or acknowledged in writing, prior to the death of the decedent. 
 8th. Open accounts. 
 
 Administrators are authorized to provide for the estate, competent legal 
 counsel. 
 
 If at any time it becomes necessary, for purposes of distribution, or for 
 payment of del)ts of the estate, to sell the land of the decedent, the adminis- 
 trator should petiti<m the ordinary in writing for leave to sell, setting forth 
 the reason for such application ; and notice of such application should be 
 published once a week for four weeks before the hearing, in the gazette in 
 which county advertisements are published. If no objection is tiled, and' 
 the ordinary is satisfied of the truth of the allegations in the petition, he 
 must pass an order granting the leave to sell. All sales by administrators of 
 real estate, unless otherwise especially provided, should be advertised in 
 some newspaper having general circulation in the county where the projierty 
 is located, once a week fin' four weeks, after the leave granted and before the 
 sale. The sale should be at public outcry, between the hours of ten o'clock 
 a. m. and fovir o'clock p. m., on the first Tuesday of the month, and at the 
 place of public sales in the county having jurisdiction of the administration. 
 Sales of bank stock and insolvent papers are made in same way as sales of real 
 estate, except that sales of insolvent pa^jers may be made after thirty days' 
 notice being given at the court house door, and at three or morepvxblic places 
 in the county. The personal perishable property of an estate should be sold 
 at as early a day as practicable. It must be done under order from the ordi- 
 nary, as all other administrator's sales, in which the kind of notice and the 
 length of time it shall be given, being not less than ten days, should be spe- 
 cified. The administrator may exercise his discretion in demanding cash or 
 extending credit, but if he extends credit he must determine the sufficiency 
 of the security given, at his own risk. If the security is ample at the time, 
 but afterwards becomes insufficicmt, he will not be responsible for the 
 amount. The terms of sale should be stated in the advertisement. A full 
 return of every sale must be made. After the payment of expenses of ad- 
 ministration and the debts of the deceased, the balance of the estate, stands 
 subject to distribution among the heirs at law of the deceased, according 
 to the rules of descent and distribution, which see. An administrator's 
 commissions, generally, are two and one-half per cent, on all sums of money 
 received by him on account of the estate, and a like commission on all sums 
 paid out by him, either to debts, legacies or distributees. In cases of extra- 
 ordinary services, extra compensation may l^e allowed by the ordinary. The 
 administrator is entitled to ten per cent, additional commission on all interest 
 collected by him for the estate, on money loaned by the intestate or by him- 
 
 [Georgia 3.]
 
 184 GEORGIA. 
 
 self as administrator Administrators failing to make annual returns shall 
 forfeit all commissions for transactions during the year within which no re- 
 turn is made. 
 
 In order to institi;te suit in this state, to enforce any right of action, or re- 
 cover any property belonging to deceased, and in order to sell any property 
 of his intestate, a foreign administrator must file and have recorded in tlie 
 ordinary's office, an authenticated exemplification of his letters of adminis- 
 tration. 
 
 An administrator who has fully discharged all his duties, will be dis- 
 charged from his trust, upon projjer petition to the ordinary being made, and 
 after citation has been published in the official gazette for three months, giv- 
 ing notice to all concerned of the application for discharge. A discharge ob- 
 tained by the administrator by means of fraud practiced on the heirs or the 
 ordinary, is void. 
 
 Affidavits. — The officers of this state who are authorized to administer 
 oaths, are the judges and clerks of the courts, commissioners of the state, 
 justices of the peace, and notaries public. When affidavits are niade out of 
 the state, the acts of the officei's before whom they are made should be au- 
 thenticated, as in case of deeds. When bills and other proceedings in equity 
 are verified by nun-resident party the affidavit should be made before a com- 
 missioner of this state, or a commissioner, master, or chancellor of a court 
 of equity, or a judge of any court of the state where such oath is made. 
 
 Aliens. — Aliens, the subjects of governments at peace with the United 
 States and this state, are entitled to all the rights of citizens of other states 
 resident in this state, and have the i)rivilege of purchasing, holding and con- 
 veying real estate. 
 
 Appeals. — Appeals to the superior court must be entered within four days 
 after the decision in county and justices' courts, and within four days after 
 the adjournment in courts of ordinary. No appeal lies from decisions in 
 county and justices' courts to superior court, unless amount involved is more 
 than fifty dollars. In county and justices' courts an appeal may be takeji 
 from the judgment of the justice or judge to a jury in the same court. An 
 appeal may be entered by the plaintiff or defendant in person, or by his at- 
 torney-at-law, or in fact, if by the latter, he must be authorized in writing. 
 The appellant is required to pay all costs of court that have accrued, and 
 give bond and security for the eventual condenuiation money, unless he 
 makes affidavit that he is advised and believes that he has good cause of ap- 
 peal, and that, owing to liis poverty, he is unable to pay the costs and give 
 the security required by law in cases of appeal. Tlie name of the appellant 
 m ly be signed to the appeal bond by his attomey-at-law or in fact. An ap- 
 peal is a de noiio investigation, and all competent evidence is admissable on 
 the trial thereof, whether adduced on the former trial or not. An apjieal 
 suspends but does not vacate jiidgment, and if dismissed or withdrawn, the 
 rights of all tlie parties are the same as if no appeal had been entered. An 
 appeal cannot be ^vithdrawn except by the consent of the adverse party. 
 All appcsals to the superior court ai'e tried by a special juiy at the first term 
 after the appeal has been entered, unless continued for good cause. 
 
 Arrest. — The constitution provides that there shall l>o no imprisonment 
 for (li'bt ; this does not api)ly to attorneys and other officers of court, who 
 fail to dt^liver up any moneys AVhen ordered to do so by court, nor does it ap- 
 ply to defendant iu cases of trover, where plaintiff requires bail, and defen- 
 dant fails either to give bond or i)roduce the property ; however, if it shall 
 appear to the judge of the court upon petition by the defendant and five 
 days' notice to oi^posite party, tl\at the defendant is unable to either give 
 bond or produce the property, and that the reasons for its non-production are 
 
 [Georgia 4.]
 
 GEORGIA. 185 
 
 ■satisfactory, lie shall discharge the petitioner upon his own recognizance, 
 conditional for his api)earance to answer the suit. — (See aluo Replevin,.) 
 
 Assignments and Insolvency. — A debtor may prefer one creditor to 
 anotliei', and may create a bona fide lien, by mortgage or other legal means; 
 may sell in payment of the debt, or transfer negotiable papers as collateral 
 secui'ity. But every assignment made by a ilel^tor insolvent at the time, 
 either in trust or in bohalf of creditors, is fraudulent, and null and void, 
 when anj^ trust or benetit is reserveil to the assignor, or any i)erson for him. 
 Voluntary assignments shall have attached to them, sworn to by the person 
 making assignment, "a full and complete inventory and schedule of all the 
 assets of every kind held, claimed or owned by such insolvent jjcrson, firm 
 or corporation " at the time ot making assignment. Filing false, deceptive 
 or incomplete schedule is punished as perjury. In case any corporation (not 
 municipal), or trader, or firm of traders, shall fail to i)ay matured paper and 
 be insolvent, any one or more creditors may file a bill in etpxity, have a ra- 
 ceiver appointed and an injunction granted to restrain interference with such 
 receiver. The receiver shall collect assets, and, under the direction of the 
 court, distribute the same pro tuita among creditors, recognizing, however, 
 liens created before the filing of the creditor's bill. Any creditor may be- 
 come a party to a bill of this kind. The chancellor at the end of the suit 
 may, if he considers it a proper case, recommend the debtor released from 
 the remainder of his debts. 
 
 Every deed or conveyance, not for a valuable consideration, made by a 
 debtor insolvent at the time, is void against creditors. — (6'ee Limited Part- 
 oiership. ) 
 
 Attachment Process. — May issue when the defendant resides out of the 
 state ; is actually removing or about to remove without the limits of the 
 county ; absconds, conceals himself, or resists legal arrest ; is causing his 
 pi'operty to be removed, beyond the limits of the state, or fraudulently dis- 
 poses of property, or shall threaten or prepare so to do, or creates a fraud- 
 ulent lien thereon. Attachment lies at any time to recover i)urchase money 
 when due, when the property purchased remains in the jiossessitm of the 
 debtor, or of any one holding the same for the benefit of the debtor, or in 
 fraud against the creditor. Before attachment can issue the plaintift", his 
 agent or attorney miist make affidavit before some judge of the superior 
 court, judge of the county court, justice of the ])eace, or notary public, that 
 someone of the grounds above enumerated exists, and must also swear to 
 the amount due. Bond with security must be filed with the affidavit, for 
 at least double the amount involved, conditioned to i)ay the defendant all 
 damages and costs he may sustain on account of the attachment, in the event 
 plaintift' fails to recover. Defendant may replevy the iiroperty levied upon, 
 and garnishment may be dissolved, by giving bond with good security to 
 to pay plaintiff the amount he may recover. 
 
 First attachment levied has prioritv. Garnishment issues in aid of at- 
 tachment or judgment. — {See Garnishment.) 
 
 Form of Affidorit in Attddiment. 
 
 StATK of (tEOROIA. ? , , 
 
 County of ;! '"''■ 
 
 Before me, the subscriber, a m and for said county, , personally 
 
 and on oath, says that is indebted to him in the sum of dollars, 
 
 and that the said (here state the grounds of attachment.) [See Laws, 
 
 title Aftarhmenf.'] (Affianfs signature.) 
 
 Sworn to before this day of , 18 — . 
 
 {Officer' H signature.) 
 . LCreorgiu o.
 
 im GEORGIA. 
 
 Form of Bond iii, Auucnment. 
 
 State op Georgta, ) 
 
 County ok . \ ' 
 
 We, , principal, and , security, acknowledge ourselves bound unto 
 
 in the sum of dollars, subject to the following conditions : 
 
 That the said , principal, is seeking an attachment against the saic! 
 
 , which is now about to be sued out, returnable to the term of the 
 
 court of the county aforesaid: Now, if the said shall pay all 
 
 damages that the said may sustain, and also all costs that maybe incurred 
 
 by him in consequence of suing out of such attachment, in the event that the 
 
 said shall fail to recover in said case, then this bond to be void. This 
 
 day of , 18—. 
 
 Executed in presence of ) [seal.] 
 
 {officers si(j nature.) S [seal.] 
 
 Form of Attachmeut Writ. 
 State op Ctkokoia, } 
 
 County op . il * ' 
 
 To all and singular, the sheriffs and constables of said states : 
 
 You are hereby commanded to attach and seize so much of the property 
 
 of as will make the sum of dollars, and all costs, and also to serve 
 
 such summons and garnishment as may be placed in your hands, and that you 
 make return of this attachment, with your actings and doings entered thereon, 
 to the term of the court of said county, to which court this attach- 
 ment is hereby made returnable. Hereof fail not. 
 
 Witness my hand and seal this, the day of , 18 — . 
 
 , [L. s.] 
 
 Banks and Bankers. — Banks arc chartered by the general assembly. It 
 is the duty of the governor, twice each year, to advertise for at least two 
 weeks, in a public gazette at the seat of government, a call upon every 
 banking institution of the state, to make returns to him, under the oaths of 
 their several presidents and cashiers of their respective conditions at a time 
 to be specified in such advertisement, and to transmit the same to him with- 
 in thirty days from said dates. The banks are required to i)ublish their 
 several reports in some public gazette of this state, at their own expense. 
 
 The banks of this state are prohibited from selling any kind of exchange, 
 except sight checks, or demand or receive for exchange in or out of this state 
 of any citizen thereof, a greater premium then one per cent, upon the amount 
 of exchange sold ; when the bills of the bank from which the exchange is 
 bought are presented at its counter in payment thereof ; issuing paper or 
 promises to pay, intended to be used as money, redeemable otherwise than 
 with gold or silver coin, at the standard value thereof, or in lawful currency 
 of the United States ; issuing such payment or pay, or tender in payment any 
 paper payable at a greater length of time than three days from the date 
 thereof; issuing, paying away, or circulating any bank bill, note, ticket, or 
 jiaper, of the nature or appearance of a bank note meant for circulation, or 
 of a denomination less than five dollars, with the exception that all solvent 
 and specie paying banks or paying currency as aforesaid, may issue small 
 bills of the denominations, one, two, three and four dollars, to an amount 
 not exceeding twenty per cent, of their capital stock, to be computed as part 
 of their circulation ; issuing bills beyond the amount specified in their char- 
 ter. Banks, however, are not restricted to the above rate, in the sale or pur- 
 chase of foreign bills, provided that the said foreign bill is a bona fide com- 
 merical bill, and not a loan or accommodation by the bank, and that the ex- 
 change is a legitimate commercial exchange, and the transaction not jn fact 
 a loan or accommodation in which the law is attem])ted to be evaded by re- 
 sorting to the form of a bill of exchange, foreign bill or draft. The rules of 
 interest apply to banks just as to individuals. 
 
 [Georgia 0.]
 
 GEOllGIA. 187 
 
 The banks of this state are required to pay si)ecie for any of their bills, 
 notes, drafts, or otlier obligations when due and demanded by the liolder ; 
 to receive their own bills, notes, certificates of deposit, or other evidence of 
 debt, in payment of debts due them ; to leceive their own bills at par, 
 ■whether issued or made i)ayable at the present bank or any of its branches, 
 in settlement of debts or balancies due either, and when notes or other obli- 
 gations are discounted by any bank, and bec(mie transferred to another bank,, 
 they continue i)ayable in the bills of the bank where discounted. 
 
 Bank charters are subject to forfeiture for the same general grounds as- 
 those of other corporations, and also ; 1st. For the violation of any of tlio 
 provisions of their charters ; 2nd. For the violation of any obligation im- 
 posed by law unless contrary to the contracts of their charters ; 3rd. "When- 
 ever it is demanded by special enactment. 
 
 When a bank surrenders its charter, or the use thereof, it may make, in 
 good faith, an assigmcnt of all its ettects for the payment of its debts, as 
 natural persons may. but it cannot tliereby prevent such preferences among 
 its creditors as tlie law gives. A creditor or stockholder may attack such 
 assignment by petition, within six months, to the superior court of the county^ 
 where the bank is located, and the issue so made shall be tried before a spec- 
 ial jury at the first term of the court. 
 
 Bills of Exchange and Promissory Notes. — (See Xotes and Bills of 
 Exrhaiuje.) 
 
 Bills of Lading. — A bona fide assignee of the bill of lading of goods for a 
 valuable consiileration. and without notice that the same were not paid for, 
 the purchaser insolvent will be protected in his title against the seller's- 
 right of stoppage i/i transitu. 
 
 Chattel Mortgages.— (''^e^' Jfortgages.) 
 
 Claims against Descedents" Estates.— (sVr. administration of estates of 
 deceased jtersons.) 
 
 Conditional Sales of Personal Property. — "Whenever personal property- 
 is sold and delivered with the condition affixed to the sale that the title 
 thereto is to remain in the vendor, until the purcliase price therefor shall 
 have been paid, in order for the reservation of title to be valid against 
 thirdpersons, contract of such conditional sale must be in writing, executed, 
 attested, and recorded in the same manner as mortgages on ])ersonal proper- 
 ty. Neverless, as between thejnirties themselves, a conditional sale is binding: 
 even though ncjt evidenced in wiitiug. 
 
 Corporation, — Domestic and Foreign. — banking, insurance, railroad, 
 canal, navigation, express and tclcgrai)h companies are chartered directlv 
 by the general assembly, all other private corporations are chartered by the 
 superior court of the county in which they desii-e to transact business, upon 
 petition directed to said court, specifying the objects of the incorporation, 
 and the particular business they propose to carry on together with their 
 corporate name and the amount of capital to be employed by them actually 
 paid in, and their place of doing business, and the time, not exceeding twen- 
 ty years, f(jr which they desire to be incorporated. This petition is recordefl 
 by the clerk of said court, and should be ])ublished once a week, for one 
 month, in the public gazette nearest to the point wliere such business is lo- 
 cated, before said court shall jiass an order declaring said a])plication grant- 
 ed. Such corporation has privilege of renewal at the expiration of the time 
 for which it was incorporated. Ten ])er cent, of the capital stock must be^ 
 paid in before such corporation can begin business under its charter, and no 
 charter has force or eflfect for a longer i)eriod than two years, unless the cor- 
 porators, within that time, shall, in good faith, commence to exercise th» 
 
 [Georgia 7 ]
 
 188 GEORGIA. 
 
 powers granted by the act of incorporation. In case of failure of such 
 corporation, the stockholders are bound, in their private capacity, to any 
 creditor of said corporati(ni for the amount of stock subscribed for by him, 
 until the said subscription is fully paid up. 
 
 Corporations created by other states or foreign governments, are recog- 
 nized in our courts only by comity, and so long as the same comity is extend- 
 ed in their courts to corporations created by tliis state. No foreign corpor- 
 ation, or corporation incorporated by the laws of another state, shall own 
 more than five thousand acres of land in this state, except upon the condition 
 of becoming incorporated under the laws of Georgia. 
 
 All corporations have the right to sue and be sued, to have and vise a com- 
 mon seal, to make by-laws binding on their own members, not inconsistent 
 "with the laws of this state, and of tiie United States, to I'eceive donations by 
 gift or w'ill, to purchase and hold such property, real or personal, as is neces- 
 sary to the purpose of their organization, and to do all such acts as are neces- 
 sary for the legitimate execution of this jturpose. In all cases of private 
 charters, the state reserves the right to withdraw the franchise, unless such 
 right is expressly negatived in the charter. Every corporation is dissolved, 
 1st. By expiration of its charter ; 2d. By forfeiture of its charter ; '3h. By a 
 voluntary surrender of its franchise ; 4th. By the death of all its members, 
 "without i)rovisions for a succession ; 5th. By non-payment of taxes. A cor- 
 poration may forfeit its charter, 1st. By a wilful violation of any of tlie es- 
 sential conditions on w'hich it is granted ; 2d. By a misuser or non-user of its 
 franchises. This dissolution dates fi-om the judgment of a court of compe- 
 tent jurisdiction declaring the forfeiture. 
 
 Costs, Security for. — Attorneys of plaintiffs are responsible for costs, where 
 .clients live out of tlie state. Generally no costs are due until termination of 
 the suit ; hence, no security is required. (^See Appeals.) 
 
 Courts, Terms and Jurisdiction. — Justices of the peace have jurisdiction 
 in all civil cases arising e.t cuntractii, and in cases of injui'ies or damages to 
 liersonal property, when the principal sum does not exceed t)ne hundred dol- 
 lars. Justices' couits have jurisdiction where suits are brought upon two or 
 more promissory notes, although between the same parties and given for the 
 same debts, and although in the aggregate the notes may amount to much 
 more than one hundred dollars, provided the principal of each note is not 
 more than said amount. Justices of the peace hold court monthly at fixed 
 times and places. When from any reason the business pending in sucli courts 
 cannot be disposed of in one day, it is lawful for said courts to continue to 
 hold from day to day until tiie business is disposed of. 
 
 County CoH.rts\vA\Q jurisdiction in the town districts, over all civil cases of 
 contract or tort (except where exclusive jurisdiction is vested in the superior 
 court), whei'e the principal sum claimed, in cases of contract or damages, in 
 cases of tort, does not exceed three hinidred dollars, and in the I'emainder of 
 the county, when the principal sum, as aforesaid, does not exceed three Inui- 
 <lred dollars, nor is less than fifty dollars. County courts hold monthly and 
 quarterly sessions, at fixed times. At tlie monthly sessions, said courts enter- 
 tain jurisdiction of nnitters in which the amount of principal or of damages 
 claimed, does not exceed one hundred dollars ; and at the quarterly sessions 
 they entertain jurisdiction of matters wherein such amount is not more than 
 three hundred dollars. 
 
 The Superior Courts have exclusive jurisdiction in cases of divorce ; in 
 cases respecting titles to land ; and in equity cases. Tlicy have general juris- 
 • <liction in civil "matters. The superior courts sit in each county not less than 
 twice in each year, at such times as liave been or may be appointed by law. 
 
 The Supreme Court lias no original jnrisdiction, but is established tmly for 
 tlu! trial and cirrection of errors from the superior courts and tlie city courts. 
 
 Courts of Ordinary have original, exclusive and general jurisdiction of 
 the probate of wills; tlie granting and revoking letters testamentry, and of 
 
 lOeorgla 8.]
 
 GEOllGIA. 
 
 1891 
 
 administration ; of all routiovei'sies in relation to the right of execnrorship 
 or administration ; the sale and disposition of the real property belonging to, 
 and the distribution of deceased persons' estates ; the appointment and re- 
 moval of guardians for minors and for persons of unsound mind; all con- 
 troversies as to the right of guardianship ; of all other matters and things- 
 appertaining to estates of deceased jn-rsons, and to idiots, lunatics and in^ 
 sane persons ; of homestead and exemption proceedings. 
 
 Court Calendar, 
 
 UNITED STATES CIRCUIT COURT. 
 
 Cireuit Judge, Don A. I'ardpc. of New Orleans, La. Afixociair Ju.ificc of the Su- 
 preme Court, to be appointed in place of William B. Woods, of (leorjjia, deseased. 
 Ckrk, H. H. Kins, of Savannah, Ga. Clerk. Alfred E. Buck, of Atlanta, Ga. 
 (For other officers see United Stales District Courts for Georgia.) 
 ycrw!.?.— At Atlanta, 2d Monday in Marcli and 1st Monday in October: Macon, 
 1st Mondays in May and October; Savannah, 2d Monday in April and Thui-sday 
 after 1st Monday in November. 
 
 UNITED STATES DISTRICT COURT. 
 
 Xorthern Diifrict. — Judge, William T. Newman, of Atlanta, Ga. Dis/ricf Attornci/^ 
 B. H. Hill, of Atlanta, Ga. C erk, A. E. Buck, of Atlanta, Ga. 
 
 TermH.—AXj Atlanta. 1st Mondays in March and October. 
 
 Southern District, Western Division.— Judge, Emory Speer, of Savannah, Ga. 
 Clerk, Marion Erwin, of Savannah, Ga. District Attorney, Dupont Guerry, of Macon. 
 
 Terms. — At Macon, 1st Mondays in May and October. 
 
 Keastern Division. — ./«dr/f,;Eniory Speer, of Savannah, Ga. Clerk, Marion Erwin^ 
 Savannah, Ga. District Attorney, Dupont (iuerry, of Macon, Ga. 
 
 2'e»-»;w.— At Savannah, 2d Tuesdays iu February, May, August and November. 
 
 SUPREME COURT OF GEORGIA. 
 
 Chief Justice, Logan E. Bleskley, Atlanta, Ga. Associate .Tustice, Thomas J. Sim- 
 mons, Macon. Ga. Associate Justice, M. H. Blandford, Columbus, Ga. Clerk, Z. !)_ 
 Harrisson, Atlanta, Ga. Reporter, J. H. Lumpkin, Atlanta, Ga. 
 
 Meets at Atlanta on 1st Mondays in March and October, 
 
 SUPERIOR COURTS 
 
 GEORGIA. 
 
 Circuit. 
 Albany.. . 
 
 County. 
 
 Baker 
 
 Calhoun . . . . 
 
 Decatur . . . . 
 
 Dougherty. . . . 
 
 Mitcliel 
 
 Worth 
 
 Atlanta . . . Fulton 
 
 Augusta... .Burke 
 
 Columbia . . . 
 
 McDuffie 
 
 Richmond. . . . 
 Blue Ridge.. . Cherokee 
 
 Cobb 
 
 Dawson . . . . 
 
 Fannin 
 
 Forsyth . . . . 
 
 Gilmer 
 
 Milton 
 
 I'ickeus . . . . 
 Brunswick.. . Appling 
 
 Camden . . . . 
 
 Charlton 
 
 Clinch 
 
 Coffee 
 
 Glynn 
 
 I'icrce 
 
 Ware 
 
 Wa.vne 
 
 Cliattohoochct'hattahoochce 
 
 Harris 
 
 Marion 
 
 Muscogee. . . . 
 
 Talboi.' 
 
 Taylor 
 
 County Seat. 
 
 Newton . , . 
 Morgan .... 
 Bainbridge . . 
 Albany .... 
 Camilla. . . . 
 Isabella . . . 
 Atlanta . . . 
 Waynesboro . 
 Appling. . . . 
 Thomson.. . . 
 Augusta . . . 
 
 Canton 
 
 Marietta . . . 
 Dawsonville. . 
 Morganton.. . 
 Cumining . . 
 
 Ellijay 
 
 Alpharetta.. . 
 Jasper .... 
 Baxley .... 
 St. Mary's 
 Trader's Hill. 
 Homerville. . 
 Douglass. . . . 
 Brimswick.. . 
 Blackshcar . . 
 Waycross . . 
 
 .lesup 
 
 Cassfta .... 
 Hamilton. . . 
 r.ucna N'isla . 
 Coliunbns . . 
 Talliottoii. . . 
 Butler 
 
 Terms. 
 
 1st Mon. in May and November. 
 . 2d Mon. in .luue and November. 
 
 2d and 3d Mon. in May and November;. 
 . 1st, 2d and 8d Mon. in April and Oct. 
 . .jd & 4th Mon. in Mar., 4th Mon. in Nov.. 
 , 4th Mon. in April and October. 
 . 1st Mon. in March and September. 
 . Md Mon. in JNla.y and November. 
 . 4th Mon. iu ISIarcli and September. 
 , :!d Mon. in ^larch and September. 
 . 8d Mon. in Ainil ami October. 
 . 4th Mon. in Feb., 2d Mon. in Sept. 
 . 2d & ;sd Mon. in Mar., 3 & 4 Mon. Nov. 
 . 1st Mon. in March and August. 
 
 4th Mon. in May, 3d Mon. in October. 
 . 3d Mon. in Feb., 4th Mon. in August. 
 . 3d jNIon. in INIay, 2d ISIon. in October. 
 . 1st IMon. In Feb., 3d Mon. in August. 
 , 4th Mon. iu April and .September. 
 . 2d Mon. in Marcli and October. 
 . Tues. after 4th Mon. in April and Nov. 
 . Tue.*. after 3d Mon. in April and Nov. 
 . 1st Mon. in March and October. 
 , Tues. after 2d INFon. in April and Nov. 
 
 1st Mon. in May and December. 
 , 4th Mon. in March and October. 
 
 1st Mon. in April and November. 
 , 3d Mon. in March and October. 
 . 4th Mon. in jNtarch and September. 
 
 2d Mon. in Aiiril and October. 
 
 4th Mon. i)) .\pril and Octol)er. 
 
 2d Mon. in :May and Novemlier. 
 
 2d Mon. in March and .September. 
 
 4th Mon,. In February and Augu.st. 
 
 [Georgia 9.],
 
 190 
 
 GEORGIA. 
 
 Circuit. 
 Cherokee . 
 
 Coweta. . 
 
 ^Eastern 
 
 Connly. County Seal. Terms. 
 
 .Bartow rartersville. . . 2d Men. in January and July. 
 
 Catoosa Ringgold ".id Mon. in February and August. 
 
 Dade Trenton Hd Mon. in March and September. 
 
 Gordon Calhoun . . . . Ith Mon. in February and August. 
 
 Murray ^^pring Place.. . 3d Mon. in February and August. 
 
 Whitfield . . Dalton 1st Mon. in April and October. 
 
 Campbell .... Fairburn . . . .1st Mon. in February and August. 
 
 Carroll CarroUton. 
 
 1st Mon. in April and October. 
 
 Coweta Newnan 1st Mon. in March and Heptember. 
 
 Douglas Dougkissville 
 
 Fayette Fayetteville . 
 
 Heard P'ranklin. . . 
 
 INIeriwether . . (ireeneville. 
 
 Troup. . 
 
 Chatham 
 
 ;M Mon. in January and July. 
 
 od Mon. in March and September. 
 
 4th Mon. in March and September, 
 
 ;id Mon. in February and August. 
 LaGrange. . . . ;id Mon. in April, 1st Mon. in Nov. 
 Savannah . . . 1st Mon. in March, June and Dee. 
 
 Bryan Bryan 1st Mon. in May and November. 
 
 Iilffingham. . . . Springfield . . . 2d Mon. in May and November. 
 
 Mcintosh . . . Darien 1th Mon. In May and November. 
 
 Liberty Hinesville . . . .'id Mon. in May and November. 
 
 Flint Butts hickson 
 
 Henry McDonou 
 
 Monroe Forsyth . 
 
 Newton .... Covington . . 
 
 Ih 
 
 INorthEasternllall 
 
 Habersham 
 
 Northern . 
 
 2d Mon. in March and September 
 
 .'id Mon. in April and October. 
 
 4th Mon. in February and August. 
 
 ;!d Mon. in March and September. 
 
 Pike Zebulon 1st Mon. in April and October. 
 
 Rockdale .... Conyers .... .'id Mon. in February and August. 
 
 Spalding Griffin 1st Mon. in February and August. 
 
 Upson Thomaston. . . 8d Mon. in July and January. 
 
 3Iacon . .' . . Crawford .... Knoxville . . . Md Mod. in April and October. 
 
 Houston Perry 1st Mon. in Apiil and October. 
 
 Bibb Macon 1st Mon. in May and November. 
 
 JMiddle Bulloch Statesborough.. 4th Mon. in April and October. 
 
 pjmanuel .... Swains borough^d Mon. in April, 1st Mon. in Nov. 
 Jefferson.. . .Louisville , . . 2d Mon. in May and November. 
 .Johnson .... Wrightsville.. , 4tli Mon. in March and September. 
 
 Screven . . . . Sylvania -'M Mon. in May and November. 
 
 Tattnall . . . . Reidsvillo . . . 2d Mon. in April and October. 
 Washington. . . Sandersville .. . 1st Mon. in INIarch and September. 
 
 3d Mon. in February and August. 
 
 1st Mon. in March and September. 
 
 Rabun Clayton 8d Mon. in March and September. 
 
 Towns Hiawassee. . . . 4th Mon. in March and September. 
 
 White Cleveland ... 2d Mon. in April and October. 
 
 Lumpkin.. . . Dahlonega. . . . -'Sd Mon. in April and October. 
 
 Union Blairsvillc . . . 1st Mon. in April and October. 
 
 Elbert Elberton 2d Mon. in March and September, 
 
 Glasscock. . . . (iibson 3d Mon. in February and August. 
 
 Hancock Sparta 2d Mon. in April and October. 
 
 Hart Hartwell 3d Mon. in March and September. 
 
 Ijincoln IJncolnton . . , 4tli Mon. in April and October. 
 
 Madison .... Danielsville. . . 1st Mon. in March and September. 
 Oglethorpe... .Lexington. . . 3d Mon. in April and October. 
 Taliaferro. . . . Crawfordsville .4th Mon. in February and August. 
 
 Warren Warrenton . . . 1st Mon. in April and October. 
 
 Wilkes Washington. . . 1st Mon. in May and November. 
 
 3d Mon. in January and July. 
 
 2d Mon. in March and September. 
 
 4th Mon. in March and September. 
 
 3d Mon. in April and October. 
 
 Morgan Madison. . . . 1st Mon. in March and September. 
 
 Putnam .... Eatonton . . . .3d Mon. in March and September. 
 Wilkinson.. . . Irwinton .... 1st Mon. in April and October. 
 
 .Dodge Eastman 4th Mon. in February and August. 
 
 Dooly Vienna 2d and 3d Mon. in March and Sept. 
 
 Irwin Irwinville .... Tues. following Mon. after 4th Mon. in 
 
 March and September. 
 
 Dublin 4tli Mon. in January and July. 
 
 Mt. Vernon. . . 4th Mon. in April and October. 
 Hawkinsvillc. .3d ]\Ion in Ma.v and November. 
 
 Telfair McRae Tues. after 3d Mon. in April and Oct. 
 
 Twiggs leffersonville , 2d Mon. in April and October. 
 
 Wilcox .\bbeville. . . . 4th Mon. in March and September. 
 
 I'ataula. . . .Clay Fort Gaines . . 3d Mon. in IMarch and September. 
 
 Early Blakely 1st Mon. in April and October. 
 
 Miller f'olqiiiit 3d Mon. in April and October. 
 
 (iuitman .... (Jcorgotown ... 2d Mon. in Mai-cli and September. 
 
 Randolph.. . . CuthlH'rt 1st Mon. in May and November. 
 
 Terrell.. ... .Dawson . . . . Itli Mon. in May and November. 
 
 Roine Chattooga . . . Suinmerville. . 1st Mon. in March and Septemljer. 
 
 Floyd Rome 4th ]Mon. in March and September. 
 
 [Georgia 10.] 
 
 Ocmulgee 
 
 •Oconee. 
 
 Baldwin Milledgeville. 
 
 (Jreene Greensboro . 
 
 Jasper Monticello . . 
 
 Jones Clinton. 
 
 liHurens ... 
 Montgomery.. 
 Pulaski
 
 GEORGIA. 191 
 
 « 
 
 Circuit. County. Counly Seat. Terms. 
 
 Pauldini; . . . . Diillas 1st Mon. in Jaiuiaiy and July. 
 
 Polk. .... . (.'edartown.. . . 2d Mon. in Fobruary and Aui?ust. 
 
 Haralson Muclianan. . . . .'5d Mon. in .lanuaiy and July. 
 
 Walker La Fayette. . . Last Mon. in Fet)rnary and Auijnst. 
 
 Southern... .Berrien Nashville.. . . l.st iMon. in .Vpril and (.»ctul)er. 
 
 Hrook.s tiuitnian l.st Mon. in May and Xoveniher. 
 
 „ , .. •M„.,i,..i^ ( Wednesday after -1th Mon. in Maivli. 
 
 Colqnit Moultrie. . . ^ Wednesday alter 2a M<ni. in ( )et..h.T, 
 
 Echols Statenville.. . . 2d Mon. in Marcli, Jtli Mon. in Sept. 
 
 Lowndes V'aldosta .'{d Mon. in May and Noviinljer. 
 
 • Thomas . . . . Thoiuasvllle. .. .id week in .Vpril and October. 
 .South West- 
 ern Lee . . • . . • . . Leesburs; . . . .2d Mon. in March and Xoveinl)er. 
 
 Macon Osclethorpe . . . 2d .Mon. in May, -Ith .Mon. in Nov. 
 
 Schley Kllaville -ith Mon. in Mareli and September. 
 
 Stewart Lumpkin. . . . ^tli Mon. in April and October. 
 
 Sumter Americus . . . 2d Mon. in April and October. 
 
 Webster ... Preston 1st Mon. in Ajiril and Octol^er. 
 
 Stone Mount- 
 ain (^lavton .lonesboro . . . 1st Mon. in March and Septemix'r. 
 
 Delvalb Decatur . . . . :>d Mon. in March and Septeml)er. 
 
 AVestern . . . Baiitcs Homer ;id Mon. in March and Septeinlier. 
 
 Clarke Athens 2d Mon. in April and November. 
 
 Oconee Watkinsvllle . 4th Mon. in Januai-y and July. 
 
 Franklin .... Carnesville. . .4th Mon. in March and September. 
 
 Gwinnett . . . Lawrenceville.. 1st Mon. in March and September. 
 
 Jackson Tefferson 1st Mon. in February and Auiiust. 
 
 Walton Monroe oil Mon. in February and August. 
 
 CITY COURTS OF GEORGIA. 
 
 Citv Courts have jurisdiction over the whole County in which the courts are 
 held. 
 
 Atlanta, Fulton Count.v, (jurisdiction unlimited as to amount) 1st Mondays in 
 .Tune and December for civil suits, 1st Mondays in March and September lor crimi- 
 nal terms. J udginents may be had at criminal terms. Augusta, Richmond (.lounty, 
 i.iurisdiction unlimited as to amount) 2d ^Mondays in March, June, September and 
 November; Columbus, iMuscase County, (Jurisdiction unlimited as to amount) 1st 
 Mondays in Januar.v, April, July and October; Gainesville, Hall County, (.jurisdic- 
 tion unlimited as to amount) 4th Mondays in January, April, July and October-; 
 Macon, Bibb County, (jurisdiction unlimited as to amount) 1st Monda.vs in March, 
 June, September aiid December; Rome, Floyd County, (jurisdiction unlimited as 
 to amount) 2d Mondays in March, June, September and December; Savannah, 
 Chatham County, (jurisdiction unlimited), 1st Mondays in February, May, July 
 and November; Athens, Clark County, (jurisdiction to $100,000) 3d Monda.vs in 
 Marcli, June. September and December; Carrollton, Carrol County, (jurisdiction to 
 ^sW) Ist Monda.vs in Februar.y, May, August and November ; Cartersville, Bartow 
 County, f jurisdiction to 81000) quarterly terms established at option of Judge by ad- 
 vertising four weeks in county oi'gan. 
 
 Clerks of Superior Courts are ^.r-c/j/icio Clerks of (^ity Courts in their respective 
 cottnties. 
 
 Courts of Ordinary are held for each county on the 1st Monday of every month. 
 
 Curtesy.— Xo curtesy in this state. 
 
 Deeds. — Deeds in ordei' to admit them to record, .should be attested witli- 
 lu the state, by a .judji-e of a couit of record ol this state, justices of the 
 peace or notary jiublic, or a clerk of the sujx'rior court, in the county in -which 
 these offieei'.s ivspect fully hold their api^oiutments. 
 
 In other states or territories, by a commissioner of deeds for Geororia, or 
 jud;;-e of court of record ; in the state where executed, -with a certificate of 
 the clerk, under the seal of such court, of the j^entxineness of the signature 
 of such judoe ; and in foreign cimntries, by a consul or vice-consul of the 
 United States. Deed.s to realty should be attested by two witnesses, one of 
 whom is such judge, clerk, consul, commissicmer, jttstice of the peace, or 
 notary public. If executed within this state, it is not necessary for tho at- 
 testing officer to affi.K his seal. The deed should be e.KCcuted under seal. It 
 is not necessary for wif(! to enter into a deed made by the Itusband in order 
 for him to convey free from the claim of dower, except as to property, tlie 
 title to which he derived through his Avife. which can occur oidy in cases of 
 inarriage contracted prior to the act of ISfiR. 
 
 If a deed is neither attesteil by, nor acknowledged before, either of the 
 
 [Georgia ILj
 
 192 GEORGIA. 
 
 above nitntioneil officers, it may be admitteil to record upon affidavit of a 
 Hubseribiiiy witness ; before either of said officers, testifying to the execution 
 of the deed and its attestation according to law. 
 
 A deed, to have priority over a subsequent deed, from same vendor, and 
 recorded in time, sliould be recorded within one year from the date thereof.. 
 No prescribed form is essential. 
 
 Form of Acknoicledgment, 
 
 Opposite the signature of the maker or just beneath the same should 
 be the words, "signed, sealed, and delivered in the presence of," and 
 beneath this should come the signature of attesting officer and other wit- 
 nesses, no other certificate or acknowledgment of tlie execution of the in- 
 strument is necessary. 
 
 Descent and Distribution. — Upon the death of the owner of any estate 
 in realty, which estate survives him, the title vests immediately in Ids heirs 
 at law. The title to all other property owned by him vests in the adminis- 
 trator of his estate, for the benefit of his heirs and creditors. 
 
 The following rules are to be followed in determining who are the heirs at 
 law of a deceased person : 1st. The husband is sole heir of his intestate wife, 
 except where such wife leaves a separate estate without remainder or limita- 
 tion over, which takes effect, and leaves surviving her, in addition to such 
 husband, a child or children, or descendants of a child or children ; then such 
 separate estate shall be equally divided, share and share alike, between said 
 husband and said off-spring per capita, bvit the descendants of children shall 
 take per stripe; 2d. If the intestate dies without children, or descendants of 
 children, leaving a wife, the wife is sole heir; 3d. If there are children, or 
 those representing children, the wife shall have a child's part, unless the 
 shares exceed five in number, in which case the wife shall have one-fifth part 
 of the estate. If the wife elects to take dower, she has no further interest in 
 realty ; 4th. Children stand in the first degree from the intestate, and inherit 
 equally all property of every description. Posthumous children stand upon: 
 the same footing with children in being upon all questions of inheritance. 
 The lineal descendants of children stand in the place of their deceased par- 
 ents ; and in all cases of inheritance from a lineal ancestor, the distribution 
 is per stripe, and not per capita ; Brothers and sisters of the intestate stand 
 in the second degree, and inherit, if there is no widow, or child, or represen- 
 tatives of children. The half-blood on the paternal side inherit equally with 
 the whole blood. If there be no brother or sister of the whole or half-blood 
 on the paternal side, then those of the half-blood on the maternal side, shall 
 inherit. The children or grand-children of brothers and sisters deceased, 
 shall represent and stand in the place of their deceased parents, but there 
 shall be no representation further than this among collaterals ; 6th. The father 
 if living, inherits equally with brothers and sisters, and stands in the same 
 degree. If there be no father, and the mother is alive, and a widow, she 
 shall inherit in the same manner as a father would. If the mother is not a 
 widow, she shall not be entitled to any poition of svich estate, unless it shall 
 be that of the only or last surviving child of the mother, in which event she 
 shall take as if unmarried ; 7. In all degrees moi'e remote than the foregoing, 
 the paternal and maternal next of kin shall stand on equal footing ; 8th. First 
 cousins stand next in degree ; uncles and aunts inherit equally with cousins ; 
 0th. Tlie more remote degrees shall be detennined by the rules of the canon 
 law, as adopted and enforced in the Englisli courts prior to the fourth 
 day of July, A. D. 177G. 
 
 Bastards have no inheritable blood, except tliat given to them by express 
 law. They inherit from their mother, and from each other children of the 
 same mother, in the same manner as if legitimate. If a mother have both 
 legitimate and illegitimate children, they shall inherit alike the estate of the 
 'mother. If a bastard dies leaving no issue or widow, his mother, brothers 
 
 [Georgia 12.]
 
 GEORGIA. 183 
 
 and sisters shall inherit his estate equally. The ehiklren of a deceased bas- 
 tard represent the parent. If a bastard di<;s intestate, leaving no widow or- 
 lineal descendant, or illegitimate brother or sister, or descendant of a brother 
 or sister, or mother, but shall leave a brother or sister of legitimate blood, 
 such brother or sister, or descendant of such brother or sister, may inherit 
 the estate of such intestate ; but in default of any such person, the l>rothers 
 and sisters of the mother of such bastard, or their descendants, or the ma- 
 ternal grand-parents of such bastard, inherit the estate of such bastard, to be 
 divided among said persons, in accordance with the degrees of consanguinity 
 prescribed above. 
 
 Depositions. — A witness may be examined on interrogatories, by commis- 
 sion, at the instance of either paity, in any civil cause pending in any court 
 in this state, where either of the following state of facts exists : 1st. Where 
 the witness resides out of the county ; 2d. Where, from the condition of his 
 health, from age, or otherwise, he cannot attend the court, or, from the na- 
 ture of his business or occupation, it is not possible to secure his personal at- 
 tendance without manifest inconvenience to the public, or to'third persons— 
 such as postmaster, public carriers, i)hy«icians, school teachers, etc. ; 3d. 
 Where the witness is about to remove from the county, or is about to leave 
 home on business,, for a sojourn or term, which will extend beytmd the term 
 of the court ; 4th. All female witnesses ; 5th. Where he is the only witness 
 to a material point in the case. 
 
 There must be two commissioners. No person is competent to act as com- 
 missioner who is related to either of the parties to the suit, or who is inter- 
 ested in any way in the suit, nor is the attorney of either party, nor his clerk, 
 nor an agent paid to discharge this duty, a competent commissioner. 
 
 Reasonable compensation may be paid to the commissioners, but not more 
 than two dollars per day shall be taxed as costs against the party sued last in 
 the suit. No party, nor his counsel, nor his agent, nor other person on his be- 
 half, should be present at the execution of the commission. Witnesses may 
 write out their own answers in the presence of the commissioners, and by 
 their consent, but in no other way shall they prepare the same ; and if the 
 witnesses answer from written memoranda, such memoranda shall be sent 
 with the commission, and the fact certified by the commissioners. 
 
 Form of Caption and Certificate to Depositions. 
 
 State of Gkorgia, ) 
 County of . ) ' 
 
 By virtue of a commission to us directed, by the honorable court of 
 
 , Georgia, in the case of vs. , the undersigned commissioners 
 
 have caused , the witness in said commission named, to come before us, 
 
 who, being duly sworn, true answers to make to the annexed interrogatories, 
 deposes and says : 
 
 To the first interrogatory he answers . 
 
 To the second interrogatory he answers . 
 
 To the first cross-interrogatory he answers . 
 
 To the second cross-iuterrogatory he answers . 
 
 ( Witness'' signature. ) 
 
 Answered, subscribed, and sworn to before us, this day of , 18 — . 
 
 , Com. [li. s. ] 
 
 , Com. [l. 6.] 
 
 INSTRUCTIONS. 
 
 The interrogatories, answers and commission, should then be sealed up 
 in an envelope, with the names of the commissioners written across the seal, 
 
 [Georgia 13.1
 
 194 GEORGIA. 
 
 aud directed to tho officer ol' tlie court whence the commission issued. The 
 package can be sent by mail or intrusted to the party, or some private hand. 
 In the former case, the postmaster receiving it from the commissioner must . 
 certify to the fact, thus ; '' Received this package from , one of the com- 
 missioners, this day of , 18 — , postmaster at ,'' 
 
 J)('pogitions inhen Voimnumons inaived. 
 (Instructions for forms following.) 
 
 Where any party to a suit in any court of this state shall desire to exam- 
 ine a witness by written interrogatories, and the opposite party, or liis attor- 
 ,ney, shall in writing waive commission, tlie answers of the witness may be 
 taken by virtue of such agreement, which shall operate in lieu of a commijs- 
 sion, and the persons acting as commissioners shall be authorized to administer 
 the usual oath to the witness. 
 
 A caption, ift substance as follows, shall be sufficient. 
 Form of Caption. 
 
 ss. 
 
 Statk of Georgia, ? 
 County of . *i 
 
 By virtue of an agreement between the parties or counsel, in the case of 
 vs. , pending in the court of county, the undersigned, ac- 
 ting as commissioners, have caused , a witness in said case, to come be- 
 fore us, who, being duly sworn trvie answers to make to the annexed inter- 
 rogatories, deposes and answers as follows : 
 
 To the first interrogatory he answers . 
 
 To the second interrogatoiy he answers . 
 
 To the first cross-interrogatory he answers . 
 
 To the second cross-interrogatory he answers . 
 
 ( Witni'ti.'i' signature. 
 
 Answered, subscribed andswonito Itefore lis, tliis day of , 18 — . 
 
 , Com. [i.. s,] 
 
 , Com. [l. s.] 
 
 Divorce. — Divorces are granted by the superior courts, and are of two 
 kinds, total, or from bed and board. The concurrent verdict of two juries, 
 at different terms of the court, are necessary to a total divorce. A divorce 
 from bed and board may be granted on the verdict of one jury. 
 
 The grf>unds for t()tal divorce are : Intermarriage by persons within the 
 prohibited degrees of consanguinity and affinity; mental incapacity at the 
 time of marriage ; impotency at the time of the marriage ; force, mences, 
 duress, or fraud, in ol>t-aining the marriage; Pregnancy of tlie wife at the 
 time of marriage, unknown to the husband: Adultery in either of the par- 
 ties after marriagt;; Wilful aii<l continued desertion by either of the parties, 
 for tlic term of tliree years ; the conviction of either party for an offense in- 
 vi)lving moral turpitude, and luider which he or she is sentenced to imprison- 
 ment in the penitentiary for the term of two years or longer. In case of cruel 
 treatment or habitual intoxication by cither party, the jury in their discretion 
 may grant cither a total or jiartial (livorce. Divorces from bed and board 
 may l»e granted on any ground, wliich was held sufficient in the English courts 
 prior to the t'ourtli ilayof May, 1784. If the adultery, desertion, cruel treat- 
 ment, or intoxication, conii)laincd of, shalllu^ve been occasioned by the col- 
 lusion (»f the i>arties, and with the intention of causing a divorce, or if the 
 party complaining was consenting thereto, or if both i>arties have been guilty 
 of like conduct, or if there has l)een a voluntary cundonatiou or co-habita- 
 
 [Gwrgla H.\
 
 GEOKGIA. 195 
 
 tion subsequent to the acts complained of, and with notice thereof, then no 
 divorce shall be {^ranted. lu all suits for divorce, the party applying shall 
 render a schedule, on oath, of the property owned or possessed by the parties 
 at the time of the application, or at the time of the separation, if the parties 
 have separated, distinguishing the separate estate of the wife, if there be any, 
 which shall be filed with the petition, or pending the suit, under the order of 
 the court.. Tlie jury rendering the final verdict in the cause, may provide 
 })ermanent alimony for the wife. A divorce from bed and board authorizes 
 ri'^ither party to marry again. When a divorce is granted, the jury rendering 
 t lie final verdict shall determine the rights and disabilities of the parties. 
 Where wife is suing for divorce, she may pray in her pleadings for the re- 
 storation of the name which she bore at the time of her last marriage, and in 
 the event a total divorce is granted to her, the judgment or decree therein 
 rendered, shall specify and restore to her the name so prayed for. 
 
 Dower. — The wife has the right to an estate for life in one-third of the 
 lands according to valuation, including the dwelling-house, which is not valued 
 unless in a town or city of which her husband was seized and possessed at 
 tlie time of his death. Dower may be barred by a provision made by deed 
 or will, and accepted by the wife after the husband's death, expressly in lieu 
 ■of dower, or where the intention of the husband is plain and manifest that it 
 shall be in lieu of dower. By provisions made prior to the marriage, and ac- 
 <-epted by the wife in lieu of dower. By the election of the widow within 
 twelve months from the grant of letters testamentary, or of administration 
 on the husband's estate, to take a child's part of the real estate in lieu of 
 <lower. By a failure to apply for the dower for seven years from the death 
 of the husband. By the wife's deed with her husband, to lands to which the 
 title came through her, which can only apply in cases of marriage prior to 
 the act of 18GG. By the adultery of the wife, unpardoned by the husband. 
 No lien created by the husband in his lifetinie, though assented to by the 
 wife, shall, in any manner interfere with her right to dower. 
 
 Evidence. — The rules of evidence are generally the same as those at com- 
 mon law. The only difference of any consequence being, that no person is 
 incapacitated from testifying in a civil suit, because of his being interested in 
 or a party to said suit, except where one of the original parties to the con- 
 tract or cause of action, is dead or insane, or where an executor or adminis- 
 trator is a party in any suit on a contractof his testator or intestate, the other 
 party shall not be admitted to testify in his own favor. 
 
 Executions. — May issue at any time after judgment is signed and filed, 
 allowing four days for appeal, and may be levied at once, and are returnable 
 to the next term of court. Property must be advertised once a week, for 
 four weeks, before sale under executions issuing from superior courts. Such 
 sales are made on the first Tuesday in each month. 
 
 When execution issues from justice court, sale may be made on a regular 
 court day, after ten days' advertisement. When property levied upon is live 
 stock, fruit, or other perishable i)roperty, the judge, or ordinary, in absence 
 of said judge, or justice, as the case may be, may order a sale after three 
 days' advertisement, upon petition, two days' notice of the time and place of 
 hearing having been given to opposite party or his attorney. Justice court 
 executions cannot be levied on land, unless no jtersonal property sufiicient to 
 satisfy the debt, can be founil ; this fact should appear by officer's entry on 
 the execution. Sales under such levies are made as sales under superior 
 court executions. 
 
 No redemption of ]>roperty sold under execution, except for tax, when 
 owner may redeem -within one year. — (See Stay of Execution.) 
 
 Executors. — No formal Words are necessary to the appointment of an exe- 
 cutor. Citizens of this state only are eligible to bo cxeeutors. except where 
 
 [i ii'orgia 1.').]
 
 196 GEORGIA. 
 
 the testator is resident of another state, and leaves property in this state 
 which is disposed of under the provisions of the vrill or testament, in such 
 case the duly authorized and qualified executor, under the laws of such other 
 state, may discharge his duties as such executor concerning the property sO' 
 situated in this state, if he proceeds to do so within twelve mouths from tes- 
 tator's death. If in any case no executor is appointed, or can or will serve, 
 administration with the will annexed, shall be granted by the ordinary under 
 the same rules as may be prescribed for the granting of administration gen- 
 erally. Tlie marriage of an executrix abates her letters. An executor is not 
 required to give bond on qualification, but the ordinary may require such ex- 
 ecutor to give bond if he discovers that such executor is mismanaging the 
 estate, or is about to remove it without the state. Tlie rules governing ad- 
 ministratoi-s of estates, where, in their nature, applicable to executors, are 
 held and taken to apply to and include executors. Such as, twelve months 
 exemption from suit, dating from qualification ; annual returns ; notice to 
 creditors to render in demands ; payment of debts ; mode of effecting sales ; 
 commissions ; obtaining letters of dismission, etc. — {,See Administration of 
 Estates of Deceased Persons.) 
 
 Exemptions. — The constitution of 1877 provides, that there " shall be ex- 
 empt from levy and sale, by virtue of any j^rocess whatever, under the laws 
 of this state, except as hereinafter excepted, of the property of every head of 
 a family, or guardian, or trustee of a family of minor children, or every aged 
 or infirm jierson, or person having the care and support of dependent females 
 of any age, who is not the head of a family, realty, or personalty, or both, to 
 the value in the aggregate of $1,600. The exceptions are for taxes, purchase 
 money of the liomestead, labor done thereon, or material furnished therefor, 
 or for the removal of incumbrances. The debtor has power to waive or re- 
 nounce in writing, the right of exemption thus provided, except as to wear- 
 ing apparel, and not exceeding $300 worth of household and kitchen furniture, 
 and provisions, to be selectedby himself and his wife, if any ; and he shall 
 not, after it is set apart, alienate or incumber the property so exempted, but 
 it may be sold by the debtor and his wife, if any, jointly, with the sanction 
 of the judge of the superior court of the county where the debtor resides, or 
 the land is situated, the proceeds to be reinvested upon the same uses. 
 
 A former law provides, that any person being the head of a family, etc., 
 may claim as an exemption: Fifty acres of land, and five additional acres for 
 each child under sixteen years of age — including the dwelling-house, which i.-» 
 not to be worth more than $300. The land must not have on it any mill, 
 machinery, etc., worth more than $200. If the land lies in a city or village, 
 the exemption shall not exceed $500 in value. One horse or mule ; one cow 
 and calf ; ten head of hogs, and $50 in value of provisions, and $5 in value 
 additional for each child ; beds and bedding sufficient for the family ; one 
 loom, one spinning wheel, two pairs of cords, and 100 pounds of lint cotton ; 
 common tools of trade, cooking utensils and crockery, wearing apparel for 
 the family ; the library of a professional man in actual practice, not exceed- 
 ing in value $300 ; fifty bushels of com, 1,000 pounds of fodder, one one-horse 
 wagon, one table, set of chairs, one family sewing machine ; household and 
 kitchen furniture not exceeding in value $150. Any ])erson claiming this ex- 
 emption cannot claim constitutional exemption, and vice -versa Debtor may 
 waive in writing this exemption also. 
 
 Factors, — (See Liens.) 
 
 False Pretence.— If any person falsely represents his own respectability, 
 wealth, or mercantile correspondence and connections, or falsely personates 
 another, or if any jjerscm causes or procures others to report falsely of his 
 honesty, respectability, wealth, or mercantile character, and thereby fraudu- 
 lently obtains any money, goods, chattels, or any other valuable thing, or 
 things. Or if any person uses any deceitful means or artful practice by 
 
 [(Jeorgia 16.]
 
 GEORGIA. 197 
 
 -which individuals, or an individual, or tlie public, are defrauded and cheated, 
 uuch persons are punishable criminally in Georgia. 
 
 Frauds, Statutes of. — To make the following obligations binding on the 
 promisor, the promise must be iu writing, signed by the party to be charged 
 therewith, or some person by him lawfully authorized, viz.: 1st. A promise 
 by an executor, administrator, guardian, or trustee to answer damages out 
 of his own estate. 2d. A promise to answer for the debt, default or mis- 
 carriage of another. 3d. Any agreement made upon consideration of mar- 
 riage, except that au agreement between the parties to a marriage, contem- 
 plating a future settlement upon the wife, even though by parol, may be ex- 
 ecuted and enforced by a court of equity, at the instance of the wife, at any 
 time during tlie life of the husband, jjrovided, that the rights of third per- 
 sons, purchasers or creditors in good faith, and without notice, are not 
 affected thereby. 4th. Any ccmtract for sale of lands, or any interest in, or 
 Concerning tliem. oth. Any agreement, except contracts with overseers, 
 that is not to be perlbrmed within one year from the making thereof. 6th. 
 Any promise to revive a debt barred by the statutes of limitation. 7th. Any 
 contract for the sale of goods, wares and merchandise in existence, or not in 
 tKse to the amount of $50 or more, except the buyer shall accept part of the 
 ^oods sold and actually receive the same, or give something in earnest to 
 bind the bargain, or in part payment. 8th. An acceptance of a bill of ex- 
 change. These rules, however, do not extend to the following cases : 1st. 
 When the contract has been fully executed. 2d. Where there has been per- 
 formance on one side, accepted by the other in accordance with the contract. 
 3d. Where theie has been such part performance of the contract as would 
 render it a fraud of the party refusing to comply if the court did not com- 
 pel a performance. 
 
 Garnislunent. — In cases where suit is pending, or where judgment has 
 been obtained, process of garnishment may issue against the debtors of the 
 defendant; the plaintiff, his agent, or attomey-at-law, having made affidavit 
 before some officer authorized to issue an attachment, stating the amount 
 claimed to be due in such action or on such judgment, and that he has rea- 
 son to apprehend the loss of the same, or some part thereof, unless the pro- 
 cess of garnishment do issue ; and also having given bond, with good 
 security, in a sum at least double the amount sworn to be due, conditioned 
 to pay the defendant all costs and damages that he may sustain in conse- 
 quence of the suing out of said garnishment, in the event that the plaintiff 
 fails to recover in the suit pending, it should appear that the amount sworu 
 to be due on such judgment was not due, or that the property or money 
 sought to be garnished was not subject to process of garnishment. Agent 
 or attomey-at-law of plaintiff making the affidavit has authority to sign the 
 name of the plaintiff to the bond and bind him thereby. All debts owing to 
 the defendant, and all property, money or effects of the defendant coming 
 into the hands of the garnishee between the time of the service of the garn- 
 ishment and the time at which he is required to make his answer, shall bo 
 subject to i>rocess of garnishment, w^hether the garnishee had anything in 
 his hands or was indebted anything to tlie defendant at the date of the serv- 
 ice of the summons or not. Judgment having been obtained against the de- 
 fendant may be entered also against the garnishee, if he answers that he has 
 effects, or if he fails to make answer by the second term. All money raised 
 by virtue of the process of garnishment, shall be paid over to the creditors 
 of the defendant according to the priorities established by law, the expenses 
 of the moving creditors being first paid pro rata, by the judgment creditors 
 receiving the benefit of his diligence. All journeymen, mechanics and day 
 laborers are exempt from garnishment on their daily, weekly or monthly 
 wages. The maker of negotiable paper in the hands of plaiutiflfs debtor is 
 liable to garnishment. 
 
 Grace. — {See Notes and Bills of Exchange.) 
 
 [Georgia 17.J
 
 198 GEORGIA. 
 
 Homestead.— ^('bVe Exemptions.) 
 
 Insolvent Laws. — {See Assignments.) 
 
 Interest.— Legal rate is seven per cent,, but contracts in writing may be 
 made up to eight per cent. Usury forfeits excess charged. Judgments bear 
 lawful interest. All titles to property made as a part of an usurious con- 
 tract, or to evade the laws against usury, are void. 
 
 Judgments. — Are Hens from their date on all real and personal property 
 of the debtor not specially exempted, except promissory notes in hands of 
 defendant. Stocks in incorporated companies are made specially liable by 
 statute. Judgments are rendered only at second term of superior court, ex- 
 cept in actions for rent in which judgments are had at first term ; and 
 in justices courts at fii-st term. Judgments become dormant in seven years 
 if no execution is issued upon them ; or wlien execution has been issued 
 seven years have expired from the time of the last entry upon said execution, 
 by the officer authorized to execute and return the same, said entry must be 
 copied on the execution docket. But may be revived by proceedings within 
 three years from the time they become dormant, by scire facias, or suit upon 
 said judgment. Judgments had at the same term work equally. Four years 
 possession of real estate, and two years possession of personal property, by 
 the purchaser of property sold after judgment against the vendor, discharges 
 such property from the judgment lien, provided the sale was bona fide ami 
 for a valuable consideration. 
 
 Justices of the Peace. — {See Actions and Courts.) 
 
 Landlord and Tenant. — The landlord has power to distrain for rent as 
 soon as the same is due, or before due, if the tenant is seeking to remove his 
 goods from the premises. If the tenant fails to pay the rent due at any 
 time the landlord may re-enter immediately and dispossess the tenant in the 
 way provided by law. If the tenant holds over after his term expires, the 
 landlord may recover doubls rent for such time. Judgments ui)on suits for 
 rent are rendered at the first term. When the rent agreed to be paid is a 
 part of crop, such portion shall not be liable to be levied upon by any 
 process for debt against the tenant ; provided, the contract is in writing and 
 the rent does not exceed one-half of the crop. Where no time is sijecified 
 for the termination of tenancy, the law construes it to be for the calendar 
 year. Two months' notice is necessary from the landlord to terminate a 
 tenancy at will. One month's notice is necessary from the tenant. The de- 
 struction of a tenement by fire, or the loss of possession by any casualty, not 
 caused by the landlord, or from defect of his title, shall not abate the rent 
 contracted to be paid. A tenant holding over beyond the term for which he 
 rented, or failing to pay the rent when due, is dispossessed by the landlord, 
 his agent, attorney in fact, or attorney-at-law going before the judge of tho 
 superior court or any justice of the peace, having previously made demand 
 on the tenant for the possession of the lands or tenements rented, and mak- 
 ing oath of the facts, wherevii^on such officer issues a warrant, or process, 
 directed to the sheriff or his deputy, or any lawful constable of the county 
 where the land lies, requiring him to deliver to the landlord, or his represen- 
 tative, full and quiet possession of the lands or tenements mentioned in the 
 affidavit, removing the tenant, with his property found thereon, away from 
 the premises. The tenant may make issue by filing counter-affidavit and 
 tendering a bond with good security, payable to the landlord, for the pay- 
 ment of such sum with costs as may be recovered against him on the trial of 
 the case. A distress warrant for rent may be issued by any justice of tho 
 peace in the county in which the debtor resides or where the property rented 
 may be found, before whom the landlord, his agent or attorney may make 
 affidavit as to the sum due for such rent, and said distress warrant may be 
 
 [Georgia 18.]
 
 GEORGIA. 199 
 
 Icvietl by any duly qualified couslable, on any i)roiR'ity bclongin}^ to i\n- 
 debtor. The property so levied on may be replevied by the party distrained 
 by his making affidavit that the sum, or some part thereof, distrained for, is 
 not due, and giving security for the eventual condemnation m<mey. The 
 issue so f<«'med stands for trial, in the court having cognizance thereof, by 
 a petit jury at the first term of said court. — (See Liens.) 
 
 Leases. — Leases may be confined to a particular interest in lands, such as 
 mining or agricultural, in which event no other interest passes. If no ob- 
 ject of the lease is stated, the mining interest will not pass unless the circum- 
 stances justify an implication of such an intention in the parties. Real 
 estate may be leased by contract in writing for not more than five years. A 
 lease of land by parol for more than one year is void. 
 
 License. — Agents of all foreign insurance companies must obtain a license 
 before taking insurance in this state. Every peddler or itinerant trader, by 
 sample or otherwise, must api)ly to tlie ordinary of each county where lie 
 may desire to trade, for a license, which shall be granted to him on the terms 
 said ordinary has or may impose. (This provision does not extend to per- 
 sons selling the agricultural products of any state, nor to persons selling 
 agricultural implements,) If no tax is fixed by the ordinary, the code pre- 
 scribes a tax of $r)0.00. 
 
 Liens. — The following liens are established in this state : Liens in favor of 
 the state, counties, and municipal corporations for taxes — these liens are sn- 
 perior to all others, and rank between themselves in the above order ; liens 
 in favor of creditors by judgment and decree ; liens in favor of laborers — a 
 general lien on the projierty of tlieir employers, and a special lien on the pro- 
 ducts of their labor ; liens in favor of landlords — a special lien for rent on 
 crops made on land rented from them, superior to all other liens, except liens 
 for taxes (this lien dates from the maturity of the crops), also a general lieu 
 on the property of the debtor (this lien dates from the levy of a distress war- 
 rant to enforce the same), also a lien on the crop of debtor for supplies, 
 money, farming utensils, etc., advanced for making crimps (this lien attaches 
 only on the crop of the year in which such advances are made) ; all persons 
 have a lien, as above, for clothing, medicines, supplies, or provisions for the 
 support of families, medical services, and tuition or school books furnished ; 
 liens in favor of mortgagees ; liens in favor of mechanics on real and per- 
 sonal property — a special lien on the real property improved in favor of me- 
 ehanics of all sorts for work done and material furnished in building, repair- 
 ing, or improving any real estate of their employers. The title to the prop- 
 erty does not atfeot this lien. This lien is declared and created as follows : 
 1. There must be a substantial compliance with the contract on the part of 
 the mechanic. 2. The claim of lien must be recorded in the office of the 
 elerk of the .superior court of the county where the property is situated, 
 within thirty days after the work is completed, or within three months after 
 the material is furnished. 3. An action for the recovery of the amount of 
 the claim must be commenced within twelve months from the time the same 
 becomes due. Contractors, material men, machinists, and manufacturers of 
 machinery, have a similar lien to the above ; mechanics of every sort have a 
 special lien on personal projicrty for work done and material furnished iu 
 manufacturing or repairing tlie same, which may be asserted by retention of 
 the property ; or the mechanie may surrender the same and give credit, en- 
 forcing the lien as other liens on personal property — the liens being recorded, 
 in cases of surrender of the property, in the office of the clerk of the super- 
 ior court of the county where the debtor resides, and within ten daj^s after 
 the work is done, and proceeded upon within one year from the time the debt 
 is due ; liens in favor of emi)loyees on steamboats upon such boat, for serv- 
 ices rendered in connecticm with the same, or for wood or provisions fur- 
 nished the same ; liens irl favor of imi-keepers, boarding-house keepers, car- 
 
 [Georgia 19.]
 
 200 GEORGIA. 
 
 riers, livery stable keepers, pawnees, depositaries, bailees, factors, accep- 
 tors and attomeys-at-law, for their dues upon the property of the debtors 
 that may come into their hands at the time of creating such debt, which lieu 
 must be asserted by retention of the property. 
 
 Form of Mechanic s Lien, Etc. 
 "A. B., a mechanic, contractor, material man, machinist, manufacturer, 
 or other person (as tlie case may be), claims a lien on the house, factory, 
 steam mill, machinery or railroad (as the case may be), and the premises or 
 real estate on which it is erected or built, of C. D. (describing the houses, 
 premises, real estate or railroad — for building, repairing, improving or furn- 
 ishing material — or whatever the claim may be)." 
 
 Limitation of Suits- — All actions against executors, administrators, 
 guardians or trustees, except on their bonds, must be brought within ten 
 years after the right of action accrues. Debts and contracts made 
 and judgments obtained outside the state, prior to June 1, 1865, are 
 barred, unless suit was brought to collect or enforce the same by or before 
 January 1, 1870, Adverse possession of land for twenty years gives good 
 title by prescription, except against the state and persons under disability ; 
 and adverse possession for seven years, under written evidence of title, gives 
 like title by prescription, unless the title be forged or fraudulent. A like 
 title to personalty is acquired by four years' adverse possession. 
 
 Suits upon foreign judgments are barred in five years after judgment was 
 obtained ; on domestic judgments in seven years, (but see judgments) ; all 
 proceedings to set aside judgments or decrees, and all bills of review, or for 
 new trials in a court of equity (unless the latter be fovmded on proof of per- 
 jury in a material witness for successful party) must be brought within 
 three years after such decree or judgment was rendered ; actions upon bonds 
 or other instruments under seal, all suits for the enforcement of rights ac- 
 cruing to individuals, under statutes, acts of incorporation, or by operation 
 of law, must be broughtwithintwentyyearsafterthe right of action accrues; 
 upon promissory notes, bills of exchange, or other simple contracts, in writ- 
 ing, within six years ; upon open accounts and undertakings not in writing, 
 within fovir years. Married women, infants, idiots, or insane persons, orper- 
 sons imprisoned, who are such when the cause of action aucn.ies, are gener- 
 ally entitled to the same time, after the disability is removed, in which to 
 bring an action, as above. A new promise, in order to renew a right of ac- 
 tion already barred, or to constitute a new point from which the limitation 
 shall commence running on a right of action not yet barred, must be in 
 writing ; but a payment on a written evidence of debt, entered by the debtor, 
 or any other acknowledgment of the existing liability, is.suflacient. These 
 limitations apply as well to courts of equity as common law. 
 
 Limited Partnerships. — {See PartJier'sMps.) 
 
 Married Women. — All property of the wife in possession at the time of 
 marriage, or afterward acquired by her, is her separate property, and not 
 liable for the jjayment of any debts, defaults or contracts of the husband. 
 Wife can not bind her separate estate by any contract of suretyshiii, whether 
 in belialf of her husband or any other person. The wife, by consent of her 
 husband, published for one month in a newspaper, m&y'becorac & freetrader, 
 in which event she is liable as a,femme sole. Widow takes dower in one-third 
 of all the lands of which her husband was seized at his death. The husband 
 is bound to support and maintain his wife, and his consent shall be presum- 
 ed to her agency in all purchases of necessaries suitable to her condition and 
 habits of life, for herself and family. The wife may act as attorney and 
 agent for the husband. A married woman may sue and be sued in her own 
 name, and is liable for her contracts, as to her separate j^roperty, but her 
 property may not be used in the payment of her husband's debts, the creditor 
 taking with n<jtice, although with her consent. 
 [Georgia 20.]
 
 GEORGIA. 201 
 
 TVIecliaiucs' Liens. — {See Liens.) 
 
 Minors- — The ajje of legal majority in this state is twenty-one years, un- 
 til that age all persons arc niiuons. The contracts of a minor are void, ex- 
 cept marriage conti'acts and settlements by persons of lawful age to marry, 
 and contracts for necessaries, and for necessaries they are not valid uidess 
 the party furnishing them proves that the parent or guardian, fails or refuses 
 to sujiply sufficient necessaries for such minor. If, however, the infant re- 
 ceives property, or other valuable consideration, and after arrival at age re- 
 tains possession of such property, or enjoys the proceeds of such valuable 
 consideration, such a ratitication of the contract binds him. The exemption 
 of the minor is a personal privilege. The party contracting witli him can- 
 not plead it, unless he was ignorant of the fact at the time of the contract ; 
 nor can third persons avail themselves of it as a defense. If an infant, by 
 permission of his parent or guardian, or by permission of law, practices any 
 jirofession or trade, or engages in any business as an adult, he shall be bound 
 for all contracts connected with such profession, trade or business. Infants 
 under fourteen years of age caimot make wills, an infant may be appointed 
 executor, but cannot qualify until of age, unless expressly directed by the 
 testator. The deed of an infant is voidable at his pleasure on majority. 
 The making of another deed at that time voids the first, without an entry on 
 the land. The statutes of limitation do }iot run against a minor, but he has 
 the same length of time, after he bei^omes of age, in which to bring an ac- 
 tion, as one has who is of age when his cause of action accrues. 
 
 Mortgages. — Pass no title, and are simply security for debt. Must be 
 executed and proved with the same formality as deeds, and recorded with- 
 in one month. Mortgages on realty require one witness besides the attesting 
 officer. A mortgage may embrace all property in possession, or to which 
 the mortgagor has the right of possession, at the thne, or may cover a stock 
 of goods, or other things in bulk, but changing in specifics, in which case the 
 lien is lost on all articles disposed of by the mortgagor up to the time of 
 foreclosure, and attaches on the purchases made to supply their place. 
 Mortgages on realty should be recorded in the county where the land lies : 
 on personalty, in the county where the mortgagor resided at the tinio of its 
 execution, if a resident of this state, if not a resident, then in the county 
 where the projjerty is. If tlie mortgagor be a resident of this state, and the 
 l)ropcrty is locati d in a county other than that of his residence, the mortgage 
 .should be recorded in the county where the property is located, in addition to 
 the county of mortgagor's residence. If not recorded within the proper 
 time it is nevertheless valid as against the mortgagor, but is postponed to 
 other liens created prior to the actual record of said mortgage, if said 
 younger liens arc taken without actual notice of said prior unrecorded 
 mortgage. The due record of a mortgage, though not within the time pre- 
 scribed, is notice from the time of recoid to all the world. Notes secured 
 by mortgages, when transferred, carry the mortgages with them. 
 
 A mortgage, although assented toby the wife, does not interfere with her 
 right todower in thelands of her husband, but by theactsof 1871-73, onemay 
 convey any real property by deed to secure any debt to any ])erson loaning 
 or advancing said vendor any money, or to secure any other debt, and may 
 take bond for titles back to said vendor upon the payment of such debt, or 
 debts ; or maj'^ in like manner convey any personal property l)y bill of sale, 
 and take an obligation binding tlie jjcrson to whom said property was con- 
 veyed to reconvey said property upon the i)ayment of said debt or debts, 
 such conveyance of real or i)ersonal property passes the title of said propertif 
 to the vendee^ consequently there can ])e no claims of dower. Liens against 
 the vendor do not attach to the i)roperty. Upon failure to pay the debt, the 
 title becomes absolute until Mis paid. No particular /orw is necessary. 
 
 Notes and Bills of Exchange. — Are negotiable by indorsement of the 
 payee or holder; if payable to bearer, by transfer and delivery only. The 
 
 [Georgia 21.]
 
 202 GEOROIA. 
 
 maker may restrain the negotiability thereof by exx^ressing such intention ia 
 the body of the instrument. All bonds, specialties, or other contracts in 
 ■writing for the payment of money, or any article of property, and all judg- 
 ments and executions are negotiable in the same way. Every transferer of 
 a negotiable instrument, whether by indorsement or delivery, warrants (im- 
 pliedly), that he is the lawful holder and has a right to sell, that the iustru- 
 ment is genuine, and that he has no knowledge of any fact which proves tho 
 instrument to be worthless, either by insolvency of the maker, payment, oi" 
 othei-wise. Any person indorsing or transferring a negotiable instrument maij 
 Umit\i\s own liability upon such indorsement, or transfer by express restric- 
 tions therein ; and the assignor of a judgment shall not be held liable as 
 indorser, unless ia such assignment he expressly contracts so to be. When 
 bills of exchange and promissory notes are made for the purpose of negotia- 
 tion, or intended to be negotiated at any chartered bank, and the same arc 
 not paid at maturity, notice of non-payment, and protest, or non-acceptanco 
 must be given to the indorser within a reasonable time, or svich indorser will 
 not be bound ; but protest is not necessary to bind indorsers, exce^Dt where 
 the paper is payable on its face at a bank ; is discounted at a bank ; or isleffc 
 at a bank for collection ; in such cases days of grace must be allowed. 
 Days of grace are not allowed on bills or drafts payable at sight. The 
 bona fide holder for value of a negotiable instiixment, who receives the same 
 before it is due, and without notice of any defect or defense, shall be pro- 
 tected from any defenses set np by the maker, acceptor, or indorser, except 
 the following : 1st. Non est factum ; 2nd. Gambling, or immoral and illeg.i 1 
 consideration ; 3rd. Fraud in its procurement. If the holder receives itafttu- 
 it is due, its non-i)ayment at maturity is notice to him of dishonor, and he 
 takes it subject to all the equities existing between the original parties.; if 
 there be several notes constituting one transaction, but due at different times 
 the fact that one is overdue and unpaid shall be notice to the purchaser of" 
 all. Bills of exchange must be accepted in writing to bind the acceptor. 
 
 Oaths and Affidavits.— (*%e Affidavits.) 
 
 Partnerships. — Partnerships are created either by written or parol con- 
 tract, or they may arise from a joint ownership, use and enjoyment of the 
 profits of individual property, real or personal. Third persons are not bound 
 by stipulations among the partners themselves, unless actual notice of such 
 stipulations, prior to dealing with the partnershij) is proven. Such stipu- 
 lations are, however, binding on the partners. As to third persons, the 
 partners are liable not only to the extent of their interests in the partnership 
 property, but also to the whole extent of their several separate estates. All 
 the partners are bound by the acts of any one, within the legitimate business 
 of the partnership, until dissolution, or the commencement of legal process 
 for that purpose, or express notice of dissent to the person about to be con- 
 tracted with. The surviving partner, in case of death, has the right to 
 control the assets of the farm to the exclusion of the legal representatives of 
 a deceased partner, and he is primarily liable to the creditors of the firm for 
 their debts. Alter dissolution, a partner cannot bind the firm by a new con- 
 tract, or revive one already for any cause extinct, nor renew or continue an 
 existing liability, nor change its dignity or its nature. A dissolution does 
 not relieve the partners frona liability in regard to transactions that are past. 
 The interest of a partner in the jiartnership assets may be I'cachedby a judg- 
 ment creditor by process of garnishment .served on the firm, andshall not be 
 subject to levy and sale. Tlie lien on such interest shall attach from the 
 date of the judgment against the partner. Every partnership is dissolved 
 at anytime l)y the mutual consent of the ])arties, by the marriage of a,femme 
 sole partner ; by the extinction of the business for which it was formed, or 
 by such misconduct of either partner as will justify a court of ecpiity to de- 
 cree a dissolution. No limited partnership can be formed for the purposes- 
 of banking or making insuraucc. 
 
 [Georgia 22.]
 
 GEOK(jiIA. 203^ 
 
 The general partners only are authorized to transact business, and sign 
 for the partvicrsliip, and to bind the same. Persons desirous of forming a 
 limited partnership must make and severally sign by themselves, or at- 
 torney in fact, a certificate which should contain the firm name ; the gen- 
 eral nature of the business ; the names of all the general andsijecial partners, 
 and their respective residences, distinguishing the general from the special ; 
 the amount of capital which each special partner has contributed; and the 
 periods atwhichthe i^artnership is to commence and terminate. Buch certifi- 
 cate should be acknowledged by the persons signing the same, or their at- 
 torney in fact, before a judge of the superior court, ordinary, justice of the 
 peace, or notary public, and such acknowledgment certified by tlie oflicer 
 before whom the same is made. The certificate and power of attorney, so 
 acknowledged and certified, should be file<l and recorded in the ofiice of the 
 clerk of the superior court of the county where the business is to be ti'ans- 
 acted. And at the same siinc, an affidavit or affidavits, of the several gen- 
 eral partners, shouhl be filed in tlie same office, stating that the sums speci- 
 fied as contributed by the special partners, have been in good faith paid in 
 cash. The terras of the jiartnership should be published, within two montli.s 
 after registry, six weeks in two newspapers of the county where the business- 
 is to be carried on ; but if there are not two such newspapers, then in one, 
 and if no such newspaper, then in the newspaper in which the sherifi^ adver- 
 tises. The names of the general partners only shall be inserted in the firm 
 style, without the addition of the word "company, " or any other general 
 term. Suits are brought in the name or names of the general partners only, 
 and suits against such partnerships are brought against the general partners 
 only, and such special partners as have rendered themselves liable as gener- 
 al partners. A limited partnership, when insolvent, or in contemplation of 
 insolvency, or after or in contemplation of the insolvency of any partner, 
 cannot make sale, assignment or transfer of any of the property or efteets of 
 such partnership, with tlie intent of giving a preference to any creditor of 
 such partnership or insolvent partner over other creditors of such partner- 
 ship, and every judgment confessed, lien created, or security given by sucli 
 partnership, under the like circumstances, and with the like intent, is void 
 as against the creditors of such partnership, nor can a general partner, or 
 special partner, who may have become liable as a general partner, when in- 
 solvent or in contemplation of insolvency, or after or in comtem- 
 platiou of the insolvency of partnership, make sale, assignment or transfer 
 of any of his proi^erty, or confess judgment, create a lien, or give security, 
 with the intention of giving to any creditor of his own, or of the partner- 
 ship, a preference over creditors of the partnership. 
 
 Promissory Notes. — {See Notes and Bills of Exchange.) 
 
 Proot of Claims. — All unliquidated demands of non-residents, sued upon, 
 fihould be proven by evidence taken by commission, {see depositions). When, 
 however, suit is brought upon an open account m». justice court (jurisdiction 
 up to $100), such account may be proven by the written affidavit of the 
 plantiff, and when so proved shall be received in evidence as if it was prov- 
 ed in open court, provided service upon defendant has been personal. Tlie 
 defendant may, nevertheless, file his written affidavit, denying the justice 
 and fairness of the whole or any part of such account, and the court williwt 
 give judgment in favor of the plaintifl" for that part of the account denied 
 and controverted, unless supported by other proof. Accounts and all unliqui- 
 dated demands should be itemized. Claims sent to this state for collection 
 should always be accompanied by the full name of each plaintiff" ; if the 
 plaintiff" be a partnership, the full name of each partner should be given ; if 
 a corporation, the style of the corporation as appearing in its charter. {See 
 Claims against Descedents^ Estates. ) 
 
 Recording. — Every marriage contract and every voluntary settlement made- 
 
 [Georgia 23.]
 
 GEORGIA. 
 
 by the husband on the wife, whether in execution of marriage articles or not, 
 must be recorded in the office of the clerk of the superior court of the county 
 of the residence of the husband, within three months after the execution 
 thereof. On failure to comply with this provision, such contract or settle- 
 ment shall not be of any force or eftect against a purchaser, or creditor, or 
 surety who, bona fide and without notice, may become such before the actual 
 recording of the same. If such contract or settlement is made in another 
 state, and the parties subsequently move into this state, the record must be 
 made within three months from such removal. If the settled property be in 
 this state and the i)arties reside in another, then the record must be made in 
 the county where the property is, and within the time specified above. — {See 
 Deeds and Mortgages.) 
 
 Redemption. — In Georgia, property sold under execution cannot be re- 
 deemed, except in case of tax executions. — {tiee 2hxes.) 
 
 Replevin. — There is no action of replevin in Georgia. In lieu of replevin, 
 we have an action by possessory warrant, in which the right of possession of 
 personal property is determined. We have also the common law action of 
 trover, in which, if plaintiff recovers, he has an alternative verdict in dam- 
 ages to be discharged on delivery of the property. Upon affidavit being 
 made by the party injured, his agent, attorney in fact, or at law, to any judge 
 of the superior (;oart, judge of the county court, or justice of the peace of 
 the county in which the property in controversy may be, that any personal 
 •chattel has been taken, enticed or carried away, either by fraud, violence, 
 seduction, or other means, from the possession of the party complaining, or 
 that such personal chattel having recently been in the quiet, peaceable and 
 legally acquired possession of such com])laining party, has disappeared with- 
 out his consent, and, as he believes, has been received or taken i^ossession of 
 by the party complained agamst, under some pretended claims and without 
 lawful warrant or authority, and that the party coinitlaining does in good 
 faith claim a title to or interest in the personal chattel, or the jjossession 
 thereof, such judge or justice should issue a warrant for the apprehension 
 of the defendant and the seizure of the chattel. The question of possession 
 is determined in a summary way without investigating the title to the prop- 
 erty, and the property awarded to the party showing the best right to pos- 
 session, requiring a bond, with good security, in double the amount of the 
 value of such property, and the bill claimed, if any, for the production of 
 the property to answer any judgment, execvition or decree, issued upon such 
 suit, at law or in equity, as the opposite party may bring within the next 
 four years touching the same. If, upon the issuing of Uie possessory war- 
 rant, the property described in the warrant is in the possession, power, cus- 
 tody, or control of the defendant, or his agent, and he fails to produce it, he 
 may be committed to jail, without bail, until he does ]iroduce it, unless he 
 can satisfactorily show to the court, that such property has been in his quiet 
 and peaceable possession for four years. — {Sec Arrest.) 
 
 Revivor. — A new promise, in order to renew a right of action already 
 barred, or to constitute a point from which the limitation shall commence 
 running on a right of action not yet l)arred, must be in writing and sub- 
 ficribed by the party making the new promise, or some one authorized by 
 him. A payment entered upon a written evidence of debt by the debtor, or 
 any other written acknowledgment of tlie existing liability, is equivalent to 
 a new promise to pay. — (See Fraud, Statutes of.) 
 
 Seal. — Seal includes impressions on the paper itself, as well as impressions 
 ■on wax or wafers. With the exception of official seals, a .scrawl, or any 
 other mark intended as a seal is held as such. Contracts under seal are of 
 liigher dignity than ordinary simple contracts. — {See further Limitations o-n 
 Actions.) 
 
 [Georgia 24.]
 
 GEORGIA. 2©5 
 
 Security for Costs and other Undertakings.— (-See Costs, Security for.) 
 
 Stay of Execution. — Execution issued from the superior court may, 
 "within four days after the adjournment thereof, be stayed for sixty days by 
 defendant givinif bond, with j^ood security, for the payment of the amount 
 and costs within that time. Execution issued from a justices' court may, 
 within four days after the adjournment thereof, be stayed by the defendant 
 paying all accrued costs, and giving bond and good securitj' for principal and' 
 interest due; said stay to be for sixty days, if the i)rincipal be more than 
 thirty dollars, and for forty days, if the ])rincipal be less than thirty dollars. 
 Constables may sell property levied on by them on regular justices' court 
 days, after advertising ten days. 
 
 Suits. — (See Actions.) 
 
 Supplementary Proceedings. — Are unknown in Georgia. 
 
 Taxes. — Property is liable for assessment for state and county taxes on 
 the first day of Ai)ril. Taxes are payable on the first day of October. All 
 property may be sold for payment of taxes. Real estate so sold, whether 
 for state and county, or municipal taxes, may be redeemed within one year 
 by the owners paying the purchaser the purchase money and ten per cent, 
 premium tliereon. Tax sales are regulated by the same rules governing 
 judicial sales. 
 
 Trust Deeds. — Are executed and recorded as other deeds. 
 
 Usury .^(iSee Interest.) 
 
 Wages. — (See Garnisliment and Liens.) 
 
 Wills. — All wills, except nuncupative wills, disposing of realty or per- 
 sonalty, must be in writing, signed by the party making the sanie, or by 
 some other person in his presence, and by his express directions, and .shall be 
 attested and subscribed in the presence of the testator by three or more com- 
 petent witnesses. A witness may attest by his mark, provided he can swear 
 to the same ; but one witness cannot subscribe the name of another, even im 
 hLs presence ami by his direction.' If a subscribing witness is also a legatee 
 or a devisee under the will, the witness is competent, but the legacy or devise- 
 is void. — (5ee Executors.) 
 
 Witnesses. — (See Evidetice and Depositions.) 
 
 [Georgia Zj.]
 
 ^06 
 
 GEOliGlA. 
 
 ATTORNEYS IN GEORGIA. 
 
 Bold Face Type denotes county seats. A dash (- 
 Figures after names, when admitted to the Bar. 
 A double dagger (J) our CV)mpiler of Laws. 
 A dagger (tj former recommendation withdrawn. 
 
 ) less than 100 population. 
 A star (*) Notaries Public. 
 
 PLACE. 
 
 COUNTY, 
 
 Alabeville 
 
 Wilcox 
 
 Allapaha 
 
 Berrien 
 
 Albany 
 
 Douglierty 
 
 Alpharetta 
 
 Milton 
 
 Americus 
 
 Sumter 
 
 Arlington 
 
 Calhoun 
 
 Athens 
 
 Clarke 
 
 NAMES OF ATTORNEYS. POPULA'N. 
 
 J. L. Bankston. 
 
 Fullwood & Stacy. 
 
 C. B. Wooten, 
 
 Thomas L. Lewis. 
 
 J. C. MATTHEWS, '70. 
 
 GEORGE H. DOZIER, '67. 
 
 L. & H. Cobb. 
 
 100 
 
 300 
 3,216 
 
 174 
 3,625 
 
 250 
 7,700 
 
 Atlanta. 
 
 Fulton County. 
 
 Population 88,398. 
 
 ALEXANDER TURNBULL, 10^ W. Ala. St. 
 
 King, Porter, '79, 27^ Whitehall St. Represents Maddox, 
 
 Rucker & Co., Atlanta. 
 MOYERS, W. T., '72, 44 S. Pryor St. 
 PAYNE, J. CARROLL, '78, 3^ Whitehall St. 
 SIBLEY, ROBERT L., 6^ Whitehall St. 
 
 Harper & Bro. 21,891 
 
 O. G. GURLEY, '58. 1,436 
 
 S. N. WOODWARD, '82. 1,962 
 
 Halton & Son. 300 
 ANDREW B. ESTES, Jr., '79. 778 
 
 J. A. Butt. 200 
 
 Wm. A. Jordan. 700 
 
 Crovatt & Whitfield. 3,891 
 
 Thos. Walsh. — 
 
 W. J. Head. 358 
 
 Butt & Lumpkin. 539 
 
 B. W. Brand. 800 
 J. C. Harkins. 510 
 L A. Bush. 672 
 G. R. Brown. 363 
 A. N. King. 400 
 Blance & Noycs. 1,843 
 Felix N. Cobb, '82. 1,400 
 
 S HON. A. M. FOUTE, '68. o n«vr 
 
 ( R. W. MURPHEY, '67 "'"^^ 
 
 C. H. Sutton. 400 
 J. N. Merrett. 180 
 Underwood & Son. 200 
 R. Johnson. 294 
 Q. L. Harwood. 1,200 
 Y. B. Baughn. 200 
 
 Augusta 
 
 Richmond 
 
 Bainbridge 
 
 Decatur 
 
 Bamesville 
 
 Pike 
 
 Baxley 
 
 Appling 
 
 Blackshear 
 
 Pierce 
 
 Blairsville 
 
 Union 
 
 Blakely 
 
 Early 
 
 Brunswick 
 
 Glynn 
 
 Bryan 
 
 Bryan 
 
 Buchanan 
 
 Haralson 
 
 Buena Vista 
 
 Marion 
 
 Butler 
 
 Taylor 
 
 Calhoun 
 
 Gordon 
 
 Camilla 
 
 Mitchell 
 
 Canton 
 
 Cherokee 
 
 Camesville 
 
 Franklin 
 
 Cedartown 
 
 Polk 
 
 CarroUton 
 
 Carroll 
 
 Cartersville 
 
 Bartow 
 
 Clarkesville 
 
 Habershaw 
 
 Clayton 
 
 Rabun 
 
 Cleveland 
 
 White 
 
 Clinton 
 
 Jones 
 
 Cocliran 
 
 Pulask;i 
 
 ■Colquitt 
 
 Miller
 
 
 (jEOJlC.lA. 
 
 TLACE. 
 
 COUNTY. 
 
 NAMES OF ATTOKNETS. 
 
 ( GRISBY. E. THOMAS, J 
 
 ] L. Molester, 'kj. 
 
 Coliimbus 
 
 Muscogee 
 
 
 
 ( McNeill ('72) & levy 
 
 Conyers 
 
 Rockdale 
 
 J. C. Barton. 
 
 Covington 
 
 Newton 
 
 Simms & Simms. 
 
 Crawfordville 
 
 Taliaferro 
 
 J. W. IIIXON, '77. 
 
 Cumming 
 
 Forsyth 
 
 W. P. Bell. 
 
 Cuthbert 
 
 Randolph 
 
 W. C. WorriU. 
 
 Dahlonega 
 
 Ijumpkin 
 
 Price & Charters. 
 
 Dallas 
 
 I'aulhing 
 
 .1. H. Weaver. 
 
 Dalton 
 
 Whitefield 
 
 McCutchen & Shumate 
 
 Danielsville 
 
 Mat i sou 
 
 JNO. J. STRICKLAND. 
 
 Darien 
 
 Mcintosh 
 
 C. L. Livingstone. 
 
 Dawson 
 
 Terrell 
 
 J. L. Jones. 
 
 Dawsonville 
 
 Dawson 
 
 J. M. Bishop. 
 
 Decatur 
 
 De Kalb 
 
 M. A. Candler. 
 
 Douglassville 
 
 Douglass 
 
 Robt. A. Massey. 
 
 Douglass 
 
 Coffee 
 
 C. A. Ward. 
 
 Dublin 
 
 Laurens 
 
 M. Ilaynes. 
 
 Eastman 
 
 Dodge 
 
 DE LACY & BISHOP. 
 
 Eatonton 
 
 Pulnam 
 
 H, A. Jenkins. 
 
 Elberton 
 
 Elbert 
 
 P. W. Davis. 
 
 EUaviUe 
 
 Schley 
 
 W. H. McCrory. 
 
 Ellijay 
 
 Gilmer 
 
 J. C. Allen. 
 
 Fairbum 
 
 Campbell 
 
 Thos. Latham. 
 
 Fayetteville 
 
 Fayette 
 
 T. V. Lester. 
 
 Forsylih 
 
 Monroe 
 
 A. D. HAMMOND. 
 
 Tort Gaines 
 
 Clay 
 
 J. D. Bambo. 
 
 Fort Valley 
 
 Houston 
 
 A. C. Riley. 
 
 Franklin 
 
 Heard 
 
 F. S. Loftin. 
 
 Gainesville 
 
 Hall 
 
 ( W. C. Christopher. 
 (}W. F. Findley. 
 
 Georgetown 
 
 Quitman 
 
 Wm. Harrison. 
 
 Greensborougb 
 
 Greene 
 
 Wm. H. Branch. 
 
 Greenville 
 
 Meriwether 
 
 A. H. Freeman. 
 
 Gibson 
 
 Glascock 
 
 E. B. Rodgers. 
 
 Griffin 
 
 Spalding 
 
 John J. Hall. 
 
 Hamilton 
 
 Harris 
 
 James M. Mobley. 
 
 Hartwell 
 
 Hart 
 
 A. G. McCurry. 
 
 Hawkinsville 
 
 Pulaski 
 
 J. B. Mitchell. 
 
 Hiawassee 
 
 Towns 
 
 W. G. Blackwell. 
 
 Hinesville 
 
 Liberty 
 
 J. W. Farmer. 
 
 Homer 
 
 Banks 
 
 P. M. Edwards. 
 
 Homerville 
 
 Clinch 
 
 J. L. Sweat. 
 
 Irwinton 
 
 Wilkinson 
 
 F. Chambers. 
 
 Irwinville 
 
 Irwin 
 
 {See Douglass.) 
 
 Isabella 
 
 Worth 
 
 Wm. A. Harris. 
 
 Jackson 
 
 Butts 
 
 Vj. p. Catchings. 
 
 Jasper 
 
 Pickans 
 
 W. T. Day. 
 
 Jefferson 
 
 Jackson 
 
 W. C. Howard. 
 
 Jeffersonville 
 
 Twiggs 
 
 S. D. Shannon. 
 
 Jesup 
 
 Wayne 
 
 S. J. Clarke. 
 
 Jonesborough 
 
 Clayton 
 
 C. W. Hodnette. 
 
 Knoxville 
 
 Crawford 
 
 O. P. WRIGHT, '85 
 
 La Fayette 
 
 Walker 
 
 II. P. Lumpkin. 
 
 Le Grange 
 
 Troup 
 
 B. N. Bigham. 
 
 Lawrenceville 
 
 Gwinnett 
 
 N. L. Hutchins. 
 
 Leesburgh 
 
 Lee 
 
 C. A. Davis. 
 
 Lexington 
 
 Oglethorp • 
 
 Hon. Samuel Liimjkin, 
 
 Lincoln ton 
 
 Lincoln 
 
 H. J. Lang. 
 
 79. 
 
 207 
 
 11., '65. 
 
 10,923 
 ('74). 
 
 1,874 
 
 1,4;-)1 
 
 511 
 
 500 
 
 2,129 
 
 eo2 
 
 400 
 2,516 
 200 
 1,54^^ 
 1,576 
 200 
 638 
 500 
 100 
 574 
 700 
 1,371 
 1,000 
 300 
 200 
 800 
 138 
 
 i,ia5 
 
 1,400 
 
 1,277 
 
 269 
 
 1,919 
 
 300 
 
 1,621 
 490 
 250 
 
 4,200 
 500 
 750 
 
 2,500 
 200 
 162 
 140 
 260 
 500 
 100 
 200 
 
 1,000 
 200 
 700 
 300 
 575 
 
 1,048 
 200 
 800 
 
 2,500 
 
 1,200 
 358 
 500 
 300
 
 Ii08 
 
 GEORGIA. 
 
 
 PLACE. 
 
 COUNTY. 
 
 NAMKS OF ATTORNEYS. 
 
 POPULA'jf.. 
 
 Louisville 
 
 Jeflferson 
 
 Gamble & Hunter. 
 
 70O 
 
 Lumpkin 
 
 Stewart 
 
 B. F. HARRELL, '71. 
 
 T47 
 
 McDouQUgh 
 
 Henry 
 
 T. C. Nolan. 
 
 80O 
 
 McRae 
 
 Telfair 
 
 M. Frizzle. 
 ( t James L. Anderson. 
 
 .' iS'ee Card in Appendix, page v 
 
 500' 
 
 Macon 
 
 Bibb 
 
 I. 13,749 
 
 
 
 i .JOHN P. ROSS, '83. 
 
 
 Madison 
 
 Morgan 
 
 Foster «& Butler. 
 
 3,300 
 
 Marietta 
 
 Cobb 
 
 GEORGE F. GOBER. 
 
 :5,50O 
 
 Milledgeville 
 
 Baldwin 
 
 D. B. Sanford. 
 
 4,500 
 
 Monroe 
 
 Walton 
 
 Ray & Walker. 
 
 650 
 
 Montezuma 
 
 Macon 
 
 R. G. Ozier. 
 
 1,000 
 
 Monticello 
 
 .Tasper 
 
 Key & Preston. 
 
 513 
 
 Morgan 
 
 Calhoun 
 
 J. J. Beck. 
 
 300 
 
 Morganton 
 
 Tannin 
 
 0. R. DuPue. 
 
 150- 
 
 Mt. Vernon 
 
 Montgomery 
 
 H. W. Carswell. 
 
 300 
 
 Moultrie 
 
 ('olquitt 
 
 E. A. Milligan. 
 
 100 
 
 NashviUe 
 
 Berien 
 
 H. B. Peoples. 
 
 100 
 
 Newnan 
 
 Coweta 
 
 HEWLETTE A. HALL, 
 
 "85. 2,005 
 
 Newton 
 
 Baker 
 
 T. H. Cusker. 
 
 300 
 
 Oglethorpe 
 
 Macon 
 
 W. H. Fish. 
 
 500 
 
 Perry 
 
 Houston 
 
 R. U. Holtzclaw. 
 
 920 
 
 Preston 
 
 Webster 
 
 D. B. Horrell. 
 
 230 
 
 Quitman 
 Keidsville 
 
 Brooks 
 
 H. G. Turner. 
 
 1,400 
 
 Tatnall 
 
 H. J. McGee. 
 
 300 
 
 Ringgold 
 
 Catoosa 
 
 J. H. Anderson. 
 
 500 
 
 Rome 
 
 Floyd 
 
 C. M. SHROPSHIRE. 
 
 6.000 
 
 St. Mary's 
 
 Camden 
 
 J.M. Aniow. 
 
 600 
 
 Sandersville 
 
 Washington 
 
 Evans «fc Evans. 
 
 2,000 
 
 Savannah 
 
 Chatham 
 
 M. A. O'BYRNE. 
 
 40,000 
 
 Sparta 
 
 Hancock 
 
 C. W. DuBose. 
 
 848 
 
 Springfield 
 
 Effingham 
 
 G. G. Pitman. 
 
 150 
 
 Spring Place 
 
 Murray 
 
 Starr «fe Starr. 
 
 400 
 
 State sville 
 
 Echols 
 
 E. Wakeley. 
 
 100 
 
 Statesborough 
 
 Bulloch 
 
 E. C. Moseley. 
 
 300 
 
 Stone Mountain 
 
 De Kalb 
 
 L. A. Sirmans. 
 
 i,2oa 
 
 Sumanerville 
 
 Chattooga 
 
 J. M. Belloh. 
 
 1,328 
 
 Swainsborough 
 
 Emanuel 
 
 A. Herrington. 
 
 500 
 
 Sylvania 
 
 Screven 
 
 Dell & Wade. 
 
 500 
 
 Talbotton 
 
 Talbot 
 
 Martin «& Worrill. 
 
 1,400 
 
 Tennille 
 
 Washington 
 
 J. C. Harman. 
 
 1,000 
 
 Thomaston 
 
 Upson 
 
 W. H. Sandwich. 
 
 570 
 
 Thomasville 
 
 Thomas 
 
 W. H. Hammond. 
 
 3,000 
 
 Thomson 
 
 McDuffie 
 
 *H. Johnson, '85. 
 
 800- 
 
 Toccoa 
 
 Habersham 
 
 James W. Harris. 
 
 1,000' 
 
 Trenton 
 
 Dade 
 
 T. J. Lumpkin. 
 
 500 
 
 Valdosta 
 
 Loundes 
 
 Wm. West. 
 
 1,515 
 
 Vienna 
 
 Dooly 
 
 J. H. Woodward. 
 
 500 
 
 Warrenton 
 
 Warren 
 
 James Whitehead. 
 
 1,200 
 
 Washington 
 
 Wilkes 
 
 W. M. & M. P. Reese. 
 
 3,000 
 
 WatkinsviUe 
 
 Oconee 
 
 J. T. Anderson. 
 
 400 
 
 Way Cross 
 
 AVare 
 
 L. A. Wilson. 
 
 2,000 
 
 Waynesborough 
 
 Burke 
 
 H. H. Perry. 
 
 1,008 
 
 West Point 
 
 Troup 
 
 B. L. Harris. 
 
 2,000 
 
 Wrightsville 
 
 Johnson 
 
 V. B. Robinson. 
 
 274 
 
 Zebulon 
 
 Pike 
 
 Hon. Jas. S. Pope. 
 
 500'
 
 GEORGIA. 
 
 209 
 
 BANKS IN GEORGIA. 
 
 Giving tlie name of town, bank and casliier, and amount of paid-up capital of one 
 bank in each county of tliis state in whicli sucii a banking institution is located. 
 
 ri-ACE. 
 
 Aiuericus 
 
 Athens 
 
 Atlanta 
 
 Augusta 
 
 Barnesville 
 
 Brunswick 
 
 Carrollton 
 
 Cartersville 
 
 Columbus 
 
 Covington 
 
 Daltou 
 
 Dawson 
 
 Eatonton 
 
 Elbeiton 
 
 Forsyth 
 
 Fort Gaines 
 
 Fort Valley 
 
 Gainesville 
 
 Griffin 
 
 Hawkinsville 
 
 La Grange 
 
 Macon 
 
 Milledgeville 
 
 Montezuma 
 
 Newnan 
 
 Rome 
 
 Savannah 
 
 Social Circle 
 
 Thomasville 
 
 Valdosta 
 
 Washington 
 
 West Point 
 
 NAME OF BAKK. 
 
 Bank of Americus 
 
 Bank of the University 
 
 Gate City National Bank 
 
 National Bank of Augusta 
 
 Barnesville Savings Bank 
 
 First National Bank 
 
 E G Kramer 
 
 Baker & Hall 
 
 Eagle and Pho3nixSv'g B"k 
 
 W C Clark & Co 
 
 C L Hard wick & Co 
 
 William Wooten 
 
 E M Brown & Co 
 
 Swift Bros 
 
 W H Head & Co 
 
 Peterson S: Co 
 
 Dow Law Bank 
 
 Banks & Bro 
 
 City National Bank 
 
 Hawkinsville Bank & Trust 
 
 lia Grange Bank'g & Trust 
 
 Capital Bank 
 
 Milledgeville Banking Co 
 
 John F Lewis & Son 
 
 First National Bank 
 
 a n (i 
 
 Central R R & Banking Co 
 J R Mobley & Co 
 A P Wright & Co 
 R G Lane & Co 
 Exchange Bank 
 W C & L Lanier 
 
 
 PAID UP 
 
 CASHIEK. 
 
 CAPITAL. 
 
 H. C. Bagley. 
 
 150,000 
 
 A. L. Hull. 
 
 125,000 
 
 E. S. McCandless. 
 
 250,000 
 
 A. C. Beane. 
 
 500,000 
 
 A. M. Lamdin. 
 
 53,600 
 
 J as. Hen. Smith. 
 
 55,000 
 
 
 25,009 
 
 
 20,000 
 
 A. I. Young. 
 
 1,250,000 
 
 
 100,000 
 
 
 55,000 
 
 G. W. Dozier. 
 
 125,000 
 
 
 40,000 
 
 
 85,000 
 
 
 150,000 
 
 
 10,000 
 
 J. D. Marshall. 
 
 25,000 
 
 
 50,000 
 
 Joseph G. Rhea. 
 
 56,000 
 
 Co. J. D. Stetson. 
 
 50,000 
 
 Co. G. A. Speer. 
 
 150,000 
 
 N. M. Hodgkins. 
 
 200,000 
 
 B. T. Bethune. 
 
 20,000 
 
 
 200,000 
 
 H. C. Fisher. 
 
 50,000 
 
 B. I. Hughes. 
 
 125,000 
 
 
 7,500,000 
 
 
 60,000 
 
 E. M. Smith. 
 
 100,000 
 
 M. B. Lane. 
 
 100,000 
 
 
 2,000 
 
 Henry Lanier. 

 
 TERRITORY OF 
 
 I DAHO. 
 
 SUMMAltY OF 
 
 CoivLKCTION LAWSi. 
 
 Court Cai.endar, Insthuctions for taking Depositions, Legai> Forms, Etc. 
 
 Expressly Prepared and Revised to Nov. 1st, 1887, for "Showers' 
 
 Legal Directory and Merchants' Guide," for 1888, by 
 
 Kingsbury & McGowan of the Hailey Bar. 
 
 Acknowledgments. — ('onveyances of real estate and chattel mortgages 
 must be acknowledged. The acknowledgment if within the territory, may 
 be before a judge, a clerk of a court of record, a justice of the peace, a 
 notary public, a recorder of deeds. 
 
 If taken in the United States and without the territory, before a notary 
 public having a seal, befoi-e a judge or clerk of a court of record, or a com- 
 missioner of deeds. If in a foreign land, before a judge or clerk of a court 
 having a seal, a notary public or a minister, commissioner or consul of the 
 United States accredited to that nation. 
 
 Form of Certificate of Acknoicledgmevt. 
 
 Tehkitoky of Idaho, } „ 
 County of . ^ 
 
 On this day of A. D. 18 — , befoie me, . commissioner for 
 
 the territory of Idaho, personally appeared , personally known to me to 
 
 be the per.son described in, and who executed the foregoing instrument, and 
 who acknowledged to me that he executed the same freely and voluntarily, 
 for the purposes therein mentioned. 
 
 1)1 witness whereof, I have hereunto set my hand and official seal the day 
 and year aforesaid. 
 
 [l. s.] (Signature and title of officer.) 
 
 (If taken before officer not a commissioner, change title in form to suit.) 
 
 Form for Married Women. 
 
 Tekkitouy of Idaho, \ 
 County of Alturas. ^ ''■ 
 
 On this day of in the year before me (here insert the name and 
 
 quality of the officer) personally appeared known to me to be the 
 
 l)erson whose name is subscribed to the within instrument, described as a 
 married woman : and upon an examination without the hearing of her lius- 
 band, I made her accpiainted with the contents of the instrument, and tliere- 
 ui)on she acknowledged to me that she executed the same, and that she does 
 not wish to retract such execution. 
 
 Actions. — All actions must be prosecuted in the name of the real i)arty 
 in interest. The practice is under code. There is only one form of action. 
 Actions are commenced l)y filing complaint. Defendant is brought into
 
 IDAHO TERRITORY. 211 
 
 court by servicie of suininoiis — iiou- resident (leleiKlaiits'inay be brouj^ht into 
 court by publication ol' sununons on an order I'or that purpose IVoiu the 
 court, or by personal serviee in the foreign jurisdiction after the order for 
 .substituted service has been made. 
 
 Administration of Estates of Deceased Persons.— Is o ranted in the fol- 
 lowing order : To (1) surviving husband or -wife ; ("2) children : (•)) parents; 
 (4) brothers; (5) sisters ; ((>) grandchildren : (7) any kin entitled to share in 
 the estate ; (8) any kin ; (!)) county treasurer, who is e.v officio public admin- 
 istrator, (10) creditors. 
 
 Claims (against estates) must be presented within four nuinths, if the estate 
 <loes not exceed fifteen hundred dollars, in other eases within ten months of 
 l)uV)lieation of notice thereft)r, or be forever barred. 
 
 Affidavits. — In Idaho aliidavits may be taken before a clerk or Judge of a 
 court of record, a justice of the peace or a notary public. In any other state 
 or territoiy, before a judge or elerk of a court of record, or a notary public 
 having a seal. In foreign lands, before an ambassador, minister, eonsul, con- 
 .sular agent of the United States therein, or a court of record having a seal. 
 In the latter case the clerk of the court nuist certify under seal of the court 
 to the signature of the judge and that the court exists. 
 
 Aliens — Are prohibited from acquiring title to lands in Idaho by act of 
 i'ongress. 
 
 Appeals. — Appeals are allowed from justice and probate courts to district 
 courts, and from district courts to territorial supreme court. In the foi"mer 
 <ourts it must be taken within thirty days ; in the latter, if on the judgment 
 roll, within one year, and if from an order granting or overruling motion for 
 new trial, within sixty days. 
 
 Arrest. — A defendant is subject to arrest (1) when the action is on eon- 
 tract, and he is about to leave the territory with intent to defraud his cred- 
 itors ; (2) in actions foi' wilful injury to person, character or property ; (3) 
 for fine, breach of promise to marry, embezzlement ; (4) misconduct in office 
 or professional employment ; (.5) when sued to recover concealed personal 
 property ; (6) for fraud ; (7) when about to dispose of his property to de- 
 fraud creditors. 
 
 Assignments. — Assignnu^nts, without preferences, may be made. The 
 insolvent must i)etition district court judge for leave to make cession of his 
 l)ropcrty, showing schedule of assets and liabilities under oath. The judge 
 t'itcs tlic creditors to show cause why the assignment should not be made. 
 If no showing is made sufficient to defeat the assignment, petitioner is re- 
 leased from his debts. The creditors at their meeting select the assignee. 
 If they fail to do so the sheriff of the county becomes assignee ex officio. 
 
 Attachments in actions against non-resident defendants, and in actions on 
 contracts for the direct payment of money, where the claim is not secured 
 by him on real or i)ersonal property. An affidavit, that the debt is due, and 
 not secured, and that action is not brought to hinder, delay or defraud cred- 
 itors of defendant, must be filed ; also, undertaking in sums of fifty dollars 
 if in justice court, and two hundred dollars if in district court, conditioned 
 to pay defendant's costs and damages if defendant recovers judgment or the 
 "writ be wrongfully issued, must be given. Writs may issue to difi'erent 
 counties at the same time. 
 
 1^ Banks and Bankers. — Idaho has no statute regulating banks. Corpora- 
 tions are ]U'ohibited from emitting paper money. A special partnership can 
 not engage in the banking business. 
 
 Bills of Exchange and Promissory Notes.— All promissory notes payable
 
 212 IDAHO TERRITORY. 
 
 to "order" or "bearer" are negotiable. Acceptances must be in writing. 
 An unconditional promise to accept a bill is deemed an actual acceptance. 
 Holder of a bill may require acceptance on presentation, or protest the bill. 
 A refusal to return a bill accepted or non-accepted operates as an accept- 
 ance. 
 
 Damages on protest for non-acceptance or non-payment of bills of ex- 
 change are two per cent, if drawn on a person or corporation in Idaho ; 
 five per cent, if on a iierson or corporation west of Rocky Mountains ; ten 
 per cent, if east of Rocky Mountains ; fifteen per cent, if elsewhere. 
 
 Days of grace are not allowed. 
 
 Bills of Lading. — Idaho has no statute thereon. 
 
 Chattel Mortgages. — Mortgages of personal property are allowed. The 
 mortgagor must acknowledge the instrument, and one of the parties to it 
 must make oath that it is made in good faith, and not to hinder, delay or 
 defraud the creditors of the mortgagor. The mortgage must be recorded in 
 the recorders' office of the county where the mortgagor resides, and also in 
 the county where the property is situate ; one day for each twenty miles 
 distance from recorders' olfice is given in whi(!h to effect a record. Chattel 
 mortgages may be foreclosed in a district court, or by summary proceedings 
 and sale by sheriff'. 
 
 Claims against Decedents' Estates.— (5fee Administration.) 
 
 Conditional Sales of Personal Property. — Idaho has no statute regula- 
 ting such sales. But under the authority of decisions of the United States 
 Supreme Court vendors are protected under such sales. 
 
 Corporations, Domestic and Foreign.^Special charters are not given. 
 Cori3orations are formed by five or more persons signing and acknowledging 
 a certificate setting out the name^ object, amount of stock, and time of ex- 
 istence of the corporation. This must be filed in office of county recorder,, 
 or of secretary of the territory. The stockholder is personally liable for the 
 proportion of corporation debts that his stock bears to entire stock. And 
 this liability obtains as to stockholders of foreign corporations doing busi- 
 ness in Idaho. 
 
 Costs, Security for. — Non-resident plaintiffs in actions in district courts,, 
 may be required to give security for costs to amount of three hundred 
 dollars. 
 
 Courts. — Terms and Jurisdiction of. 
 
 Supreme Court. General jurisdiction of all appeals from district court. 
 
 District Courts. Their jurisdiction is general in controversies where the 
 demand is over one hundred duJlars. 
 
 Probate Courts. Have usual jurisdiction over estates of deceased persons ; 
 and jurisdiction in civil cases where amount mvoWed does not exceed five 
 hundred dollars. 
 
 Justice Court. Have jurisdiction in cases in which the amount involved 
 does not exceed three hundred dollars. 
 
 Court Calendar.— 
 
 Suprrme (y»irt, second .Mnnday in January. I'niled States business at Lewiston, 
 Boise <Jity, and Ulackfoot. 
 
 DISTRICT COUllTS. 
 
 Counl,!/. Place. lH.it. Time. 
 
 Ada Hoise VAXy 2 1st Mon. April and September. 
 
 Alturas Hailey 2 3d Mon May and id Mon. October. 
 
 Bear Lake Paris ;; 2d Mon. March and 8d Mon. .Inly. 
 
 Bingham Blackfoot :! 1st Mon. May and 5th Mon. October,
 
 IDAHO TEURrrORY. 213 
 
 County. Place. Dist. 'litne. 
 
 l'>oise Idaho City .... 2 1st Tuos. May and 3d Tues. August. 
 
 <'assi;i Albion .5 :-!d Mon. March. 
 
 ' uslcr Challis ;! .'id Mi)n. June and 1st Mon. October. 
 
 iilaho Mt. Idaho 1 Uh Tues. Mar. and 1st Tuos. September. 
 
 ICootcnal Hathdruin 1 1st Wed. April and 'Jd A\'ed. October. 
 
 Lt'julii Salmon City . ... •'! 2d Mon. April and .id Mon. September. 
 
 -Nc/, Forces Lewiston I 1st Mon. .June and 1st Tluirs. December. 
 
 <»Mcida MaladCity .... o 2d Mon. .lunn and 3d Mon. October. 
 
 Owyhee SilvcsCity 2 -Jth Tues. .luly 
 
 Slioslioiio Murray 1 3d Mon. April and 3d Wed. October. 
 
 Washington. . . . Weiser City .... 2 3d Tues. March and 2d Mon. December. 
 
 Curtesy. — E.states by the curtesy ai'e abolished. 
 
 Deeds. — Conveyances of interest or estate in lands must be by deed signed 
 by the one front whom the interest passes or by his attorney in fact, and 
 tltily ackuowledi^ed. {See Acknoicledgments.) 
 
 The husband can convey all the community real estate of the marriage 
 union, without wife's signature, except homestead. 
 
 The husband must tinite in conveyances of wife's real estate, save when 
 lie has not resided in the territory within a year of the date of the deed. 
 
 The term "heirs" or other words of inheritance are not requisite to create 
 an estate in fee simple. 
 
 Depositions may be taken, of witnesses out of the territory on commis- 
 sion ordered l)y the court or a probate judge. The ciunmission can issue to 
 any person agreed on, or to any judge or justice or person named by the 
 <ourt. If issued to a foreign land, it must be to a minister, ambassador, 
 consul, or consular agent of the United States, or to any person agreed on 
 by the parties. 
 
 Interrogatories are settled by the officer issuing the commission. The 
 commissioner must administer oath to the witness, take the answers to the 
 <luestions in writing, and certify to and rettirn the deposition to the court or 
 «lerk of the court in which the action is pending. 
 
 Descent and Distribution. — After the debts of the estate and costs of ad- 
 ministration are paid, the remainder of the estate is distributed as follows : 
 If decedent leave a husband or wife, and one child, or lawful issue of one 
 <hild, in equal shares to the survivor and child. If more than one child, 
 one-thiid to surviving spouse and remainder in equal shares to children and 
 children of deceased child. If no husband or wife survive, the issue of de- 
 -cea.sed take estate. If there is no issue, half the estate goes to surviving 
 husband or wife, and other half to father and mother of deceased in equal 
 sliares ; if father and mother ai'e dead, then the brothers and sisters and 
 issue of deceased brother or sister take halt the estate. In defatilt of i.ssue. 
 husbaiid or wife, the father and mother take entire estate, and if father and 
 mother be dead, the brothers and sisters and issue of deceased brother or 
 sister takes. If deceased leave no such heirs, estate goes to the next of kin 
 in equal degree through the nearest ancestor. If there is no heirs nor kin, 
 nor husband or wife, the estate goes to territorial treasury for support of 
 •common schools. 
 
 Debts of estates are paid in following order: (1) funeral expenses; 
 (2) expenses of last sickness; (3) debts preferred by laws of United States ; 
 (4) judgments and mortgages in order of their date ; (.")) all other demands. 
 
 Divorce may l)e granted for adultery, extreme cruelty, wilful desertion, 
 wilful ne<;lect, habitual intemi)erance, convicticm of felony. Ap]>licant must 
 reside at least six mt)nths in Idaho immediately preceding tin; action. 
 
 Dower. — A wife has no right of dower in lands of husband. 
 
 Evidence. — Pai-ties are allowed to testify in their own behalf. Neither 
 Kjmuse can testify for or against the other without his or her consent. Con-
 
 214 IDAHO TERRITORY. 
 
 tidential coinmmiications to attorney, physician, and clergymen are excluded, 
 on objection of the person making them. 
 
 Executions. — Issue at any time within five years. 
 
 Executors. — Are allowed to act as such without giving bond, if the will 
 l)rovides that no bond be required. 
 
 Exemptions. — Homestead not exceeding five thousand dollars to a married 
 man, not exceeding one thousand dollars to unmarried person; tables, chairs 
 and books to value of two hundred dollars ; necessaiy apparel and household 
 furniture ; sewing machine ; three months' provisions for family ; two cows, 
 ten hogs ; farmer's utensils to value of three hundred dollars, and his team, 
 wagon, and seed grain ; tools of meclianic to value of five hundred dollars ; 
 library and instruments of trade of professional man ; miner's cabin not 
 exceeding five hundred dollars, and his packhorse ; laborer's cart or wagon 
 and team ; earnings of the head of a family for thirty days next prior to 
 levy ; no article is exempt in action for its purchase price. 
 
 Factors. — No provisions concerning. 
 
 False Pretence. — Obtaining goods by false pretence is made a crime by 
 statute. 
 
 Fraud, Statutes of. — Agreements not to be performed within a yeai- ; 
 si>ecial promise to answer for the debt of another ; agreements as to sale of 
 goods of over two hundred dollars in value (unless part payment, or part 
 (lelivery be made) ; agreements for lease of land for more than one year ; 
 and agreements for sale of interest in real property, are void, unless evi- 
 ilenced by written agreement signed by the person to be charged. 
 
 Garnislinient. — Under writ of attachment or execution, money or property 
 in possession or under conti'ol of a third person, may be levied on by serving 
 on said third person a copy of the writ, with a notice that the property or 
 credit is levied on. 
 
 Grace. — Days of grace are not allowed. 
 
 Homestead. — jMay be declared by husband or wife, of premises occupied 
 as such, by written declaration, signed, acknowledged and recorded. {See 
 also Exemptions.) 
 
 Insolvent Laws. — {See Assignments.) 
 
 Interest and Usury. — Ten per cent, is the rate in absence of agreement. 
 Parties may contract for rate up to eighteen i)er cent. Penalty for usury is 
 forfeiture of ten per cent, of principal per year to school fund of the county, 
 to be paid by defendant, and the lender takes only his princii^al. Interest ou 
 interest that is to fall due may be contracted for. 
 
 judgments. — .Judgment of district courts is lien on debtor's real estate, 
 standing on the records of the county in his name for two years after its 
 rendition. .Judgments in lower courts may be made lien by transcript to 
 office of clerk of district court. 
 
 Justices of the Peace. — Are elected ; term of office two years ; have 
 jurisdiction of civil a(;tions up to three hundred dollars in their precincts : 
 and of misdcniciUK^rs. 
 
 Landlord and Tenant. — J^andlord has no lien ; tenant may be dispos- 
 sessed by action for uni>aid rent that is due, after notice of three days to 
 pay the rent or surrender i)osse.ssion.
 
 IDAHO TERRITORY. 215 
 
 Leases. — If I'or term ol" more tlian one year must be in writing. 
 
 License. — ^len carrying on mercantile, saloon, banking, i)eddling busi- 
 ness, or theatre, must pay license. Attorneys-at-law pay license and entry 
 lee, twenty-five dollars. 
 
 Liens. — (See Jndyinents ; ((ho Afechnnks' Liens.) 
 
 Limitations of Actions or Suits. — On Judgments, for mesne profits of 
 real estate, six years ; ac-tions for possession of real estate, and on contract 
 in writing five yeans ; on oral contract four years ; actions of trespass, to 
 lecover personal ])i()perty, and actions for relief from fraud, three years ; 
 action against sheritf. coroner or constable, for libel or slander, or on boncl 
 in criminal case, in tw(j years. 
 
 Limited Partnerships may be formed by a certifi(,uite duly signed by the 
 l)arties, stating the name and nature of the partnership business, names and 
 residences of all general and all special partners, the capital r>t' the siiecial 
 partnei's, and duration of the ijartnershi]). This must be recorded in the 
 county recorder's oflice, with an affidavit of each partner that the amounts 
 named in the certificate have beevi paid in. Special partner is not bound for 
 debts of the firm beyond his contribution to the partnei'ship, and the in- 
 crease thereof. 
 
 Married Women. — All property owned by a married woman at the time 
 of marriage, and all thereafter acquired by gift, devise or descent, remai)i 
 her separate estate, of which she shall file an inventory with county recorder. 
 Husband has management of her property, and must join in all alienations 
 of or iucund)rances thereon. 
 
 Mechanics' Liens. — Are given for labor and material in construction or 
 repair of a building, bridge, road, ditch, or if used in a mine ; sub-con- 
 tractors have thirty, and original contractors sixty days, in which to file 
 with I'ecorder of county notice and claim of lien, computing from time of 
 completion of the labor or contract, or furnishing of the materials. Tiiis 
 lien is foreclosed in district court, action therefor must be instituted within 
 ninety days or the lien is lost. 
 
 Minors. — ^lales reach majority at twenty-one years of age ; females at 
 eigliteen. 
 
 Mortgages of Real Estate. — ]\[ust be executed in same manner as deeds, 
 and recorded. Foreclosure is by action in district court. 
 
 Notes and Bills of Exchange.— ('SV'<' Bills of Exchamje.) 
 
 Oaths and Affidavits. — [See Affldncits und Depositions.) 
 
 Partnerships. — Are not regulated by statute, save as to special partner- 
 ships. {See Limited Partnerships.) 
 
 Promissory Notes.— ('S't'c Bill's of Exchdnge.) 
 
 Practice is under code. The i)leadings are : complaint, demurrer to com- 
 plaint ; answer, demurrer to answer. 
 
 Proof of Claims. — Against estates, is by oath of claimant that the de- 
 mand is justly due, and that there are not oft-sets to knowledge of affiant. 
 As to common accounts no jjj-oof of claim is needed in first instance. 
 
 Recording. — The record of instruments duly executed, affecting real estate, 
 is constructive notice of their contents. {See also Chattel Mortcjages.)
 
 216 IDAHO TERRITORY. 
 
 Redemption. — Real estate sold on execution or tax sales or on foreclosure 
 of mortgage, may be redeemed any time during the six months immediately 
 followilig the sale. A redemption fee of twelve per cent, of the purchase 
 price is added on execution and foreclosure sales ; fifty per cent, on tax sales 
 if redemption is after ninety days, twenty-five per cent, if prior to ninety 
 days. 
 
 Replevin, — Called in the code "Claim and Delivery." Plaintiff must file 
 aflidavit, alleging that he owns or is entitled to possession of the property, 
 the wrongful detention and value thereof, and that it has not been taken for 
 taxes, nor on writ of execution or attachment. On this affidavit plaintift' 
 endorses direction to an officer to take the i>roperty, and execute at same 
 time a replevin bond for prosecution of the action, and return of property to 
 defendant in event return be adjudged. 
 
 Revision of laws of Idaho was made in 1887. 
 
 Revivor. — A claim barred by statute of limitations can only be revived by 
 a writing signed by the party to be charged. 
 
 Seal. — Distinctions between sealed and unsealed instruments are abol- 
 ished. A seal is not essential on private writings, and where required in 
 courts and by public officials, an impression on wax or paper is necessary. 
 
 Security for Costs and other Undertakings. — {See Costs, Attachment, 
 and lieplevi/t.) 
 
 Stay of Execution. — Idaho has no stay-laws. Pending appeals, execu- 
 tion may be stayed by execution of bond. 
 
 Suits. — (See Actions.) 
 
 Supplemental Proceedings. — A debtor may be brought into court on 
 order and required to answer as to his property, if execution against him 
 has been returned unsatisfied in whole or in part. 
 
 Taxes, — Assessments are made between the second IVIonday of April and 
 second Monday of August. The entire assessment is a lien on the taxpayers 
 real estate. Taxes are delinquent the second Monday of December. Tax 
 sales about one month thereafter. Time of redemption six months. Re- 
 demption fee twenty-five per cent, if redeemed in ninety days ; fifty per 
 cent, after ninety days. 
 
 Trust Deeds are not used. 
 
 Usury. — {See Interest.) 
 
 Wages. — (See Mechanics' Liens.) 
 
 Wills. — Any person of sound mind, over eighteen years of age may make 
 a will. ISuncupative wills allowed. An olographic will need not be attested. 
 Wills must be signed by testator and attested by two witnesses, at least, if 
 not ologr'apliic. 
 
 Witnesses. — .Vre obliged to attend court and testily if served with 
 subptruii, and paid the statutory l\'es.
 
 IDAHO TERRITORY. 
 
 217 
 
 ATTORNEYS IN IDAHO TERRITORY. 
 
 Bold Face Type denotes county seats. A clash (— ) less than 100 population. 
 Figures after names wlien admitted to Bar. A star (*) Notaries Public. 
 A double dagger (]:) our Compiler of Laws. 
 A dagger (t) former recommendations withdrawn. 
 
 PLACK. 
 
 COUNTY. 
 
 NAMES OF ATTOIINEYS. 
 
 rOPULA N 
 
 Albion 
 
 Ca.ssia 
 
 Chas. Cobb. 
 
 300 
 
 llellevue 
 
 Alturas 
 
 J. II. Harris. 
 
 1,000 
 
 Boise City 
 
 Ada 
 
 J. W. Brown. 
 
 :s.ooo 
 
 Challis 
 
 Custer 
 
 N. J. Sharp. 
 
 614 
 
 Eagle 
 
 Sho-shone 
 
 (See Leicistown.) 
 
 — 
 
 Eaulc Kock 
 
 Bingham 
 
 Stull & Winters. 
 
 1,500 
 
 Hailey 
 
 Alturas 
 
 t KINGSBURY, '73, & 
 
 
 
 
 McGOWAK, 
 
 "72. 1,800 
 
 Idaho City 
 
 Boise 
 
 C, S. Kingsley. 
 
 672 
 
 Ketchuni 
 
 Alturas 
 
 Hyudman & Batten. 
 
 1,800 
 
 Lewiston 
 
 Nez Perces 
 
 Jasper Rand, 
 
 1,200 
 
 Moxint Idaho 
 
 Idaho 
 
 J. H. Forney. 
 
 200 
 
 Malad City 
 
 Oneida 
 
 J. M. McCollum. 
 
 1,.500 
 
 Paris 
 
 Bear Lake 
 
 R. S. Spence. 
 
 611 
 
 Rathdnim 
 
 Kootenai 
 
 J. Hollman. 
 
 200 
 
 Salmon City 
 
 Semhi 
 
 Chas. A. Wood. 
 
 600 
 
 Silver City 
 
 Owghee 
 
 C. M. Hays. 
 
 593 
 
 Weiser 
 
 Washington 
 
 A. C. Mitchell. 
 
 600 
 
 BANKS IN IDAHO TERRITORY. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital of one 
 bank in each county of this territory in which such a banking institution is located. 
 
 PLACE. 
 
 Bellevue 
 
 Boise City 
 
 Delta 
 
 Eagle Rock 
 
 Ilailey 
 
 Idaho City 
 
 Ket(lnui\ 
 
 Lexviston 
 
 Malad City 
 
 ]\Ioscow 
 
 ^lurray 
 
 Shoshone 
 
 Weiser 
 
 NAME OF BANK. 
 
 G A McCormick tt Co 
 First National Bank 
 Agency Bank of Murray 
 Bank of Eagle Rock 
 IMcCorniick & Co 
 Boise County Bank 
 First National Bank 
 
 Malad City Bank 
 First National Bank 
 Bank of Murray 
 Bank of Shoshone 
 Bank of Weiser 
 
 
 PAID UP 
 
 CASHIER. 
 
 C.VPITAL. 
 
 J. H. Hague. 
 
 
 John Huntoon. 
 
 $100,000 
 
 Jno. S. Atchison. 
 
 
 M. C. Lenter. 
 
 
 J. j\I. Burkett. 
 
 
 F. F. Church (Jfanager) 
 
 Thos. Lavell (Acting j 
 
 .■)0,000 
 
 J. H. Evans. 
 
 50,000 
 
 (Wm. B. Theus.) 
 
 
 W. W. Baker. 
 
 50,000 
 
 W. Ilussey. 
 
 25,000 
 
 C. A. Mohrhardt. 
 
 10,000 
 
 B. W. Watlington.
 
 STATE OF 
 
 ILLINOIS. 
 
 SUMMARY OF 
 
 Collection Laws. 
 
 Court Calendar, Instructions for taking Depositions, Legai. Forms, Etct 
 Expressly Prepared and Revised to Nov. 1st, 1887, for " Showeiis' 
 Legal Directory and Merchants' Guide." for 1888, by 
 Simeon W. King, of thf: Chicago Bar. 
 
 Acknowledgments. — Deeds, mortgages, etc., may be acknowledged as- 
 follows : 
 
 Within state, — before a master in chancery, notaiy public. United States 
 commissioner, circuit or county clerk, justice of the peace, or any court of 
 record having a seal, or any judge, justice or clerk of any such court. When 
 taken before a notary public or United States commissioner, it shall be at- 
 tested by his official seal ; when taken before a court or the clerk thereof, it 
 shall be attested by the seal of such court ; and wlien taken by a justice of 
 the peace, there shall be added the certificate of the county clerk, under his 
 seal of office, that he was a justice of the peace in the county at the time of 
 taking the acknowledgment, unless the justice of the peace resides in the 
 county where the lands mentioned in the instrument are situated, then nO' 
 such certificate is required. 
 
 Within any other of the United States, before a justice of the peace, notaiy 
 pul)lic, United States commissioner, commissioner to take acknowledgments 
 of deeds, mayor of a city, clerk of a county, or before any judge, justice or 
 clerk of the supreme or any circuit or district court of the United States, or 
 any judge, justice or clerk of tlie supreme, circuit, superior district, county 
 or common pleas court of any of the United States or their territories. When 
 made before a notary public. United States commissioner, commissioner of 
 deeds, mayor of a city, or clerk, it shall be certified under his seal of office. 
 If before a mayor, under the seal of the city. If before a ju.stice of the 
 peace, there shall be added the certificate of the proper clerk, under his seal 
 of office, setting forth that he was a justice of the peace at the time of mak- 
 ing the same. 
 
 Without United States — before any court of any republic, .state, kingdom, 
 or empire having a seal, or any mayor or chief officer of any city or town 
 having a seal, or before any minister or secretary of legation, or consul of 
 the United States in any foreign country, attested by his official seal, or be- 
 fore any officer authorized by tlie laws of such foreign country to take ac- 
 knowledgments of conveyances of real estate, and to be attested by the seal 
 of such court or officer, if he have one. And in case it is taken other than 
 before a court of record, or mayor, or chief officer of a town liaving a .seal, 
 proof that the officer taking such acknowledgment was duly authorized by 
 the laws of his country so to do, shall accompany the certificate of such 
 acknowledgment. 
 
 till. 1.]
 
 ILLINOIS. 210- 
 
 Form of Acknoidedgment. 
 
 State ok ) 
 
 County of . ^ **' 
 
 I (hero j^ivc luiiuo of officer and official title) do hereby certify that (name 
 of ^^runtor, and if acknowledged by wife, her name, and add his wife) jicr- 
 sonally known to me to betlie same jjcrson whose name is (or are) subscribed 
 lo the f()ref,'oiHg instrument, appeared before me this day in person, and ac- 
 knowledged that he (she or tiiey) signed, sealed and delivered the said in- 
 strument as liis (her or tlieir) free and voluntary act, for tlie uses and pur- 
 poses tliereiu set forth. 
 
 Given under my hand and seal, this day of 
 
 A. D., 18 — . {Signature of officer.) [skal.] 
 
 Actions. — All except local actions are brought in the county where tlie de- 
 fendant resides or is found ; but wlien there are several defendants, suit may 
 be brought where one resides, and i)rocess may then issue to any other 
 county for the other defendants. When the summons is served, and tlie 
 declaration, with bill of items, or cojiy of the instrument sueil on, is filed 
 ten days before the commencement of tlie term, judgment may be recovered 
 by default, if the defendant fails to plead. An affidavit, tiled with the plain- 
 tilfs declaration, in a suit on contract for the payment of money, showing- 
 the nature of his demand and the amount due, after allowing all just credits, 
 deductions, and set-ott's, will entitle him to judgment as in" case of default, 
 unless the defendant or his agent or attorney, if tlie defendant is a resident 
 of the county where the suit is brought, and except where an executor or 
 administrator defends on behalf of an estate, shall file an affidavit of merit 
 with his plea as to all or part of plaintiif s demand. In suits upon accounts, 
 if defendant suffers default, such affidavit may be taken as prima facie evi- 
 dence of the amount due on the account. Before justices of tlie peace when 
 a defendant appears and denies the claim to which an affidavit of merit has 
 been filed, may demand further evidence of such claim, and the best evi- 
 dence, if the defendant insists upon it. 
 
 Administration. — Of Estates of Deceased Persons. — Upon proof of will 
 before the probate court the person named in such will, will, if he or she be a 
 proper person, be appointed executor. If a person knowing that he is named 
 in a will as executor must make proof of the same within thirty days or for- 
 feit $20 per month until he makes such proof. Persons of the age of seven- 
 teen years and of sound mind and memory may be appointed. A married 
 woman may be appointed and tlie husband is i)ermitted to go her security for 
 the faithful ijerformance of the trust, as in other cases. 
 
 Form of Administrntor' s Bond. 
 
 Know all men bi/ these j)resents. That we of the county of 
 
 Cook, and state of Illinois, are held and firmly bound unto the peojile of the 
 
 state of Illinois, in the penal sum of 'dollars, current money of the 
 
 United States, which payment well and truly to be made and performed, we 
 and each of us, bind ourselves, our heirs, executors and administrators,, 
 jointly, severally and firmly, by these presents. 
 
 Witness our hands and seals, this day of , A. D., 188 — . 
 
 TJie condition of the aboiie obUgation is such. That if the said ad- 
 
 ministrat — , of all and singular the goods and chattels, rights and credits of 
 
 , deceased, do make, or cause to be made, a true and perfec't inventoiy 
 
 of all and singular the goods and chattels, rights and credits of the said de- 
 ceased, which shall come to the hands, possession, or knowledge of h — 
 
 the said , as administrat — , or to the hands of any i^erson or persons for 
 
 [III. 2.1
 
 220 ILLINOIS. 
 
 h — ; and the same so made, do exhibit, or cause to be exhibited, in the 
 
 probate court of the said county of Cook, agreeably to law ; and such goods 
 and chattels, rights and credits, do well and truly administer, according to 
 law, and all the rest of the said goods and chattels, rights and credits, which 
 shall be found remaining upon the account of the said administrat — , the same 
 being at first examined and allowed by the court, shall deliver and pay unto 
 such person or persons respectively, as may be legally entitled thereto; and 
 further, do make a just and true account of all — — h — ■ actings and doings 
 therein, when thereunto required by tlie said court, and if it shall appear 
 that any last will and testament was made by the deceased, and the same be 
 proved in court, and letters testamentary or i)f administration be obtained 
 
 thereon, and the said do, in such case, on being required thereto, render 
 
 and deliver up the letters of administration granted to h — , as aforesaid, 
 
 and shall in general do and perform all other acts which may at any time be 
 required of h — by law, then this obligation to be void ; otherwise to re- 
 main in full force and virtue. 
 
 -, [seal]. 
 
 do solemnly swear that will, well and truly administer all and 
 
 singular the goods and chattels, rights, credits, and effects of -, deceased, 
 
 and pay all justclaims and charges against h — estate so far as h — 
 
 ^oods, chattels and effects shall extend, and the law charge ; and that 
 
 will do and perform all other acts required of by law, to the best of 
 
 — •- knowledge and abilities. 
 
 Subscribed and sworn to before me, THOM.\.S W. ~ 
 SENNOTT, Clerk of the Probate Court of Cook 
 County, this day of , A. D. 188—. 
 
 , Clerk. 
 
 N. B. — First name of principal and surety must be written in full in bond 
 and signature, and bt>nd must be filled up without interlineation or erasure, 
 and residence of principal anil surety must be given. 
 
 Form of Aeknoioledf/mcat to Bond. 
 State op Illinois. } 
 
 County ok Cook. \ 
 
 ss. 
 
 T, Thomas W. Sennott, Clerk of the Probate Court of Cook county, in 
 
 the state of Illinois, do hereby certify, that 
 
 who are each personally known to me to be the same persons whose names are 
 subscribed to the foregoing instrument, appeared before me, this day in person, 
 and acknowledged that they signed, sealed, and delivered said instrument, as 
 their free and voluntary act, for the uses and purposes therein set forth. 
 
 Given under my hand and the seal of said probate court, at any office iu 
 the city of Chicago, in said county, this day of , A. D. 188 — . 
 
 Clerk of the Probate Court. 
 
 A person may be appointed executor, Avithout bond, if the deceased requests 
 it, but the court may require sec^urity, if he shall see cause. 
 
 During the contest of a will, an administrator may bo apitointed to collect 
 and preserve the estate of tiie decedent. 
 
 Wlto vKiji be appointed administrator. — Shall be granted to the surviving 
 husband or wife first, then next of kin, then after two months, creditors may 
 apply for letters, and after seventy-five days, to any person competent to 
 manage the same. 
 
 [111..-}]
 
 ILLINOIS. 221 
 
 In all cases where tlie intostato is a non-resident, or is withont widow or 
 next of kin. or creditors, in this state, antl leaves property within the state, 
 administration may be fjranted to public administrators of the proper county. 
 
 Proof of death is required in all cases. Person applying- for letters mu.st 
 make aflfidavit of deatli. 
 
 Af5davits. — ^lay l)e sworn to before a justice of the peace, notary public. 
 United States commis.sicmer, or any of the clerks of courts of record, or the 
 judges thereof. 
 
 Form of Affidavit. 
 Statp: of IiiLiNOis, "I 
 
 County op . j 
 
 SK. 
 
 (John Doc), of , in the county and state aforesaid, being duly sworn 
 
 on oath, says, that he is a member of the fiiiu of (Doe is Roe), composed of 
 (Richard Roe), and this deponent : that (Henry Iligginsand James Brown), 
 composing the tirm of (Iliggins & Brown), of Chicago, in the stato of Illi- 
 nois, are justlj' indebted to the said firm of (Doe & Roe), in the sum of 
 
 dollars an<l cents, for goods, wares and merchandise, sold and delivered 
 
 by the said (Doe & Roe), to the said (Iliggins ifc Brown), (or upon promis- 
 sory note, describing it), which said sum of money is now due to the said 
 (Doc & Roe,) from the said (Higjiins ct Brown), after allowing to the said 
 (Iliggins & Brown) all just credits, deductions and set-ott's. 
 
 The foregoing affidavit was subscribed and sworn to by the said , be- 
 fore me, on this — — day of • , A. D. 18 — . And I certify that I am duly- 
 authorized by the laws of the state of , to administer oaths. 
 
 {Signature, official title, and seal.) 
 
 Aliens. — May take by will, deed, or otherwise, the same as a citizen, and 
 tran.smit to their heirs. His personal estate is distributed in the same man- 
 ner as a natural bom citizen. 
 
 Appeals. — May be taken when either party shall feel aggrieved at the= 
 judgment of the court or the verdict of the jury, from the justice of the 
 peace to the circuit or county courts; must file bond in double the amount 
 in most cases. 
 
 May be taken from any of the courts of record in this state, to the supreme 
 or appellate court. 
 
 Arrest. — When any i)crson shall bo about to commence a suit before a jus- 
 tice of the peace, or any court of record, in this state, founded upon any spe- 
 cialty, bill or note, in writing, or on a judgment, and in all actions of cove- 
 nant and account, or on verbal contracts or assumpsits at law, shall make 
 affidavit that the debt was fraudulently contracted, or that the debtor has 
 concealed, assigned, removed, or disposed of his ctte(;ts, with the intent ti> 
 defraud the plaintiff; the defendant may be arrested and held to bail. 
 
 Where the action results in damages and malice, the gist of the action, the 
 same jirocess obtains. 
 
 Assignments. — The county court has jurisdiction in cases of valuntary 
 assij;nment for the benefit of creditors, which assignmimts must be duly ac- 
 knowledged and recorded in the county where the assignor resides, or where 
 the business has been carried on, and in the county or counties where land 
 embraced in the assignment, is situate. Assignee mu.«t file bond, inventory, 
 and valuation, and send notice by mail to creditors of whom he shall be in- 
 formed, to present claims under oath, within three months from publication 
 of notice. Claims not so presented do not participate in dividends until after 
 the i)aymcnt in full of all claims properly presented and allowed. Assignee 
 [111." 4.1
 
 222 ILLINOIS. 
 
 is required to make equal dividends among creditors at the first term of court, 
 after the three mouths allowed, and to render a final account within one year. 
 Eveiy provision in any assignment providing lor the payment of one debt or 
 liability in preference to another, is void, and all debts and liabilities within 
 the provisions of the assignment shall be paid pro rata from the assets there- 
 of, except claims for wages of laborer or servant, earned within three months 
 next preceding the makhig of such assignment, which, if allowed, are first paid 
 after costs, commissions and expenses of assignment, to the exclusion of other 
 claims. Claims. may be revised and contested before the court, and assignee 
 is at all times subject to the order and supervision of said court, or the judge 
 thereol". Debtor may be subject to examination touching his estate. No pro- 
 vision is made for the discharge of the debtor. All proceedings may de dis- 
 continued upon the assent, in writing, of the debtor, and a majority of the 
 credit()rs in number and amount. 
 
 Attacluneilt. — The writ may issue out of courts of record, on claims ex- 
 ceeding $20, when the debtor is non-resident, conceals himself or stands in 
 defiance of an officer, so that process cannot be served upon him ; has de- 
 parted from this state with the intention of removing his effects therefrom, 
 or if he is about to do so; where he has, within two years preceding, fraudu- 
 lently conveyed, assigned, concealed, or disi)osed of liis property, or a part 
 thereof, so as to hinder or delay creditors ; where he is about fraudulently to 
 conceal, assign, or otherwise dispose of liis property orettects, so as tohinder 
 his creditors; or where the debt sued for was fraudulently contracted by 
 statements in writing signed by the debtor, liis agent or attorney. Before 
 the wi'it can issue, the plaintiff', liis agent or attorney, must make affidavit 
 to one or more of these facts, and give bonds with approved security, in double 
 the anifmnt of the claim sued on. Attachment writs may issue out of jus- 
 tices' courts on the same grounds on all claims not exceeding $200. Gar- 
 nishment process may issue in cases of attachment, or on return of execution 
 unsatisfied, but the wages of any person who is the head of a family and 
 resides witli the same, to the amount of $50, are exempt therefrom. Arrest 
 on civil process lies oidy in case of fraud on judgments in tort, or on refusal 
 of debtor to surrender his state for benefit o£ creditors. 
 
 Bankers. — Who receive deposits when insolvent, guilty of embezzlement or 
 ajiprojuiating any funds of bank money or bonds, or other i>roperty dejiosited 
 with him, to his private iise, is guilty of larceny. 
 
 A savings bank cannot loan money to bank officers, if organized under the 
 laws of this state, nor can they become liable as guarantor. 
 
 Chattel Mortgages. — It is essential that the chattel mortgage be acknowl- 
 edged before a justice of the peace, in the town or precinct where the mort- 
 gagor resides ; or if mortgagor be non-resident at the time of making ac- 
 knowledgment, then before any officer authorized by law to take acknowledg- 
 ment of deeds. They aie invalid as to third parties, if given for longer than 
 two years. Neither are they valid to third parties, if the proi^erty mortgaged 
 is allowed to remain in possession of the inortgagor, unless tlie mortgage ex- 
 ])ressly provides tliat it shall so remain. The mortgagee may lose his lien, as 
 against third i)artiies, if he does not take ])ossession of the mortgaged prop- 
 ci-ty within twenty-four hours after the mortgage is due. As between the 
 )»ai'ties, a chattel mortgage is good if it is mother acknowledged nor re- 
 corded. 
 
 Form of Arlnoirlcdfjinent of CJuittcl MortyfKjea. 
 
 This (name of insti'umcnt) was acknowledged before me by (name of 
 gi'antor) (wlien the acknowledgment is made by a resident, insert the words 
 " and entered by me.") this day of . 18 — . 
 
 Witness nij' hand and seal. {Novieof ofpeer.) [skaI;.] 
 
 Illl.r,.]
 
 ILLINOIS. 223 
 
 Claims against Estates. — Every administrator or exec-utor must fix upon 
 a tcriii of court w iliiiu six moutlis after lie has qualified as such, fur the ad- 
 justment of claims. Notice of said term of court to be published three suc- 
 cessive weeks, and by ])utting- up jjriuted or wiitteu notices of the same re- 
 questing the claimant to present his claim in writini^ ; must be sworn to ; 
 may be contested and trial had by jury. AVhoevor may have a claim ami 
 does not appear at the teiin .selected by the executor or admiuistratoi', may 
 file sucli claim by leaving a copy, under oatli, with the clerk of the court. 
 
 Claims Classified. — 1. Funeral expenses. 2. "Widows and children's award. 
 '4. Expenses attending last illness, not including physician's bill. 4. Debts 
 <lue connnon st-hool or township fund. 5. Expenses of administration. (>. 
 Trust money. 7. All other claims, or demands not filed within two years 
 aiv barred. 
 
 Corporations.- — For pccuniaiy profits may be formed for any lawful pur- 
 j)Ose, except banking, insurance, real estate, brokerage, railroads, and loan- 
 ing money as provided for by chap. 32, R. S. 
 
 Foreign Corporations may loan money on same terms as domestic. Insur- 
 ance comi)anies may be oi'ganized and foreign corajjanies may do business in 
 this state iipon filing a written application under the seal of the company, 
 signed by the president and secretary thereof, that it will accept the license 
 inider the laws of this state. In the event of litigation of claim under 
 policy, must litigate the same in the courts of this .state, or forfeit license. 
 In all cases foreign coq>orations are permitted to do business in this state by 
 subscribing to its laws, regulating .such corporations. 
 
 Costs. — Nim-residents must give security for costs by deposit of the 
 amount of the bond, or by some resident who has imincumbered real estate. 
 
 Form of Secnrifi/ for Costa. 
 
 A. B. ^ 
 
 VK. > (Title c)l court.) 
 C. D. ) 
 
 I (E. F.) do enter myself security for costs which may accrue in the above 
 
 cause. Dated this day of , A. D. 18 — . 
 
 (Signed). . 
 
 Taken and ai)proved by me. "1 
 
 this (lav of 
 
 A. D. 18—. 
 
 Clerk. 
 
 Courts. — Terms and Jurisdiction of : 
 
 Circuit Courts have original jurisdiction in all cases in law and eiiuily, 
 an<l hohl two or more terms in each year in each county. 
 
 Countjf Courts have probate jurisdiction (except in counties where probate 
 courts arc established), and have also a limited civil and criminal jurisdic- 
 tion. In counties having a ])opulation of 70.000 or more, probate courts are 
 established, antl the jurisdiction of the county c(»urt is also concurrent with 
 that of the circuit court, exce]>t in specified criminal cases. Provision is made 
 foi' city courts of special civil and criminal jurisdiction. 
 
 Justices of the Peace have jurisdiction limited to $000. 
 
 Appellate Courts and Supreme Courts exercise ai)pellate jurisdiction. 
 C'ook county has a special superior court, of jui'isdiction concurrent with 
 that of the circuit i-ourt. and lias also a special criminal court. 
 [111. 0.1
 
 224 
 
 ILLINOIS. 
 
 Court Calendar.— 
 
 UNITED STATES CIRCUIT COURT. 
 
 Ansociate Justice of Supreme Court, John M. Harlan, of Washington. 
 
 Northern I>istHct.— Circuit Judge, Walter Q. Gresham, of Chicago. Clerk, W illiam- 
 H. Bradley. United States Commissioner, Simeon W. King, (Chicago. 
 
 Tcnns.—AX, Chicago, regular terms 1st M(;nday .July, 3d Monday December. Ad- 
 journed terms, 1st Mondays March, aiay and October. 
 
 Southern District.— Circuit Judge, Walter Q. Gresham, of Chicago. Ch-rlc, James T. 
 Jones, of Springfield. 
 
 Terms.— Xt Springtield, 1st Mondays of January and June. At Cairo, 1st Mondays, 
 of March and October. 
 
 Note.— By a recent Act of Congress a Branch Ignited States Court has been estat>- 
 lished at Peoria, in the Northern District of Illinois, with Enoch P. Sloan, United 
 .States Deputy Clerk, and Cyrus Berry, United States Deputy Marshal. Terms, od 
 Mondays of April and October. 
 
 UNITED STATES DISTRICT COURTS. 
 
 Northern District.— Judge, Henry W. Blodgett, of Waukegan. Attorney, William 
 Q. Ewing, Chicago. C;«-A-, William H. Bradley, Chicago. JV/cers/ia/, Frederick H. 
 Marsh, of^Oregon City, Ogle County . United States Commissioner, Simeon W. King. 
 
 Terms.— At Chicago, same as Circuit Court. 
 
 Sourthern District.— J udc/e, William J. Allen, of Springfield. Attorney, Gustav 
 Van Hnorebeke, Springfield, aer/;, John A. Jones, Springfield. Marshal, Herman 
 G. Weber, Springfield. . ^, ^ 
 
 Terms.— AX Springfield, 1st Mondays of January iuid June. At Cairo, IstMondaj's- 
 March and October. 
 
 PROBATE COURT OP COOK COUNTV. 
 
 7V>rw.?.— 1st Monday of each month, held at Chicago. 
 
 SUPERIOR COURT OF COOK COUNTY. 
 
 Held at Chicago on the 1st Monday of each month. 
 
 CIRCUIT AND COUNTY COURTS. 
 
 WHERE HEIjD and WHEN TERM COMMENCE. 
 
 County. County Seat. 
 Adams Quincy 
 
 Cir- 
 cuit, 
 
 
 
 Alexander. . . Cairo , 
 
 Bond Greenville. 
 
 Boone 
 Brown 
 
 Bureau . 
 
 Calhoun 
 Carroll . 
 
 Belvidere . 
 Mt. Sterlin-i 
 
 . Hardin . . . 
 . Mt. Carroll. 
 
 Ca.S8 Virginia . 
 
 Champaign . I'rbana.. . 
 Christian.. . TaylorvilU 
 
 CTark Marshall.. . 
 
 CHay Louisville . 
 
 Clinton Carlyle . . . 
 
 Coles Charleston 
 
 (.^ook ( 'hicngo . . 
 
 (.'rawford . . . Robinson. . 
 Cumberland. Toledo.. . . 
 DeKalb .... Sycamore. . 
 
 DeWitt .' . . Clinton. . . 
 
 Circuit Court. 
 
 3d Mon. Jan., 4th Mon. 
 March, 3d Mon. May, 
 June, Sept. and 4th 
 Mon. October 
 
 2d Mon. Feb , May, July, 
 3d Mon. September . . 
 
 3 1st Mon. Mar. and Sept . 
 
 12 2d Mon. Feb. and Sept. . 
 
 6 4th Tues. Feb., 1st Tues. 
 
 October 
 
 9 3d Mon. Mar., 4th Mon. 
 Aug., 1st Mon. Dec. . . 
 
 7 2d Mon. April and Oct . 
 
 13 1st Mon. Mar., 3d Mon. 
 
 June, 3d Alon. Nov . . 
 
 7 1st Mon. April. .3d Mon. 
 
 Aug., 1st Mon. Oct . . . 
 
 4 4th Mon. Sept., 1st Mon. 
 
 March 
 
 o LstMon.Mar., last Mon. 
 June, 3d Mon. Nov . . 
 
 4 3d Mon. April and Oct. . 
 
 2 2d :Mon. Mar. and Sept . 
 
 3 2d Mon. after 1st Mar. 
 
 and September 
 
 4 2d Mon. -Vpril and Nov.. 
 3d Mon. ofevcrv month. 
 
 2 1st Mon. Maraud Sept . 
 2 3d j\Ion. Feb and Aug. . 
 12 3d Mon. June, 4th Mon. 
 
 Oct. and Feb 
 
 7 3d Mon. Mar., 4th Mon. 
 Aug., 1st Mon. Dec. . . 
 
 County Court. 
 
 1st Mon. Feb., June and 
 
 October. 
 2d Mon. Mar., July and 
 
 November. 
 2d Mon. Jan., June and 
 
 November. 
 2d Mon. Mar., June and 
 
 December. 
 2d Mon. Jan. and June . 
 
 2d Mon. .Ian., June and 
 
 October. 
 2d Mon. Jan. and Aug. . 
 
 2d Mon. Sept., Jan. and 
 
 May. 
 3d Mon. Jan. and July. 
 
 2d Mon. Jan., May, Aug. 
 
 and November. 
 2d Mon. April, June, Oct. 
 
 and December 
 
 2d Mon. Jan., June and 
 
 October. 
 2d Mon. Jan. and June. 
 
 2d Mon. Feb. and Aug. 
 2d Mon. Mar. and Sept. 
 2d Mon. of ever.v month. 
 2d Mon. Jan. and June. 
 2d Mon. Jan. and .Tunc. 
 
 2d Mon. Apr., July and 
 
 December. 
 2d Mon. Jan. and June. 
 
 [111.7.]
 
 ILLINOIS. 
 
 225 
 
 County. 
 
 Douglas . 
 DuPagt! . . . 
 Edear . . 
 Kd wards. . 
 Kfringliatn. 
 Fayette . . , 
 
 Coxtnty Seal. 
 
 Tiisc(.la . . . . 
 Wlioaton.. . . 
 
 Paris 
 
 Alhion . . . . 
 
 . EinnsrliaiTi.. . 
 
 N'aiidalia.. . . 
 
 Ford Paxton 
 
 Franklin . 
 Fulton . . 
 
 Gallatin . 
 Greene. . . 
 
 Grundy . 
 
 TTamilton. 
 Hancock. . 
 
 Henton.. . . 
 Liewistown. 
 
 citit. 
 4 
 
 4 
 2 
 
 2 
 
 Circuit Court. 
 
 Coitnly Court. 
 
 Shawneetown 
 Carrol lion . . . 
 
 ^lorris 
 
 , McLeansb'gh. 
 Carthage.. . . 
 
 Hardin F.lizabethto' n 
 
 Henderson.. . Oquawka . . . 
 
 Henry .... Cambridge . . 
 
 Iroquois .... Watseka. . . . 
 
 Jackson. . . . Murphysbo'h. 
 
 Jasper .... Newton . . . 
 
 Jefferson . . . Ml. Vernon. . 
 Jersey Jcrseyville . . 
 
 Jo Daviess . . Galena .... 
 
 Johnson .... Vienna ... 1 
 Kane Geneva .... 12 
 
 Kankakee . . Kankakee . . H 
 Kendall. . . . Yorkville . . 12 
 
 Knox Galesburgh . 10 
 
 L^ke W'aukegan.. . 12 
 
 I^a Salle. . . . Ottawa 9 
 
 Lice 
 
 . Dixon .... 
 
 l.i 
 
 Livingston.. 
 
 . Pontiac. . . . 
 
 11 
 
 Logan .... 
 
 . Ivincoln 
 
 7 
 
 McDonougli 
 
 ..Macomb.. . . 
 
 () 
 
 McHenry . 
 
 . "Woodstock . . 
 
 12 
 
 McLean. . . 
 
 . Bloomington. 
 
 11 
 
 Macon . . . 
 
 . Decatur . . . 
 
 4 
 
 Macoupin . 
 
 . Carlinville. . . 
 
 r, 
 
 Madison . . . Kdwardsvillo. 
 Marion .... Salem .... 
 Marshall. . . . Lacon .... 
 
 [Ill.S.] 
 
 2d Mon. April and Oct. . 2d Mon. Jan. and July. 
 ;Hd Mon. Mar. and Sept . 2d Mon. .Ian. and June. 
 2d Mon. iVIar. and Sept . 2d Mon. June and Dec. 
 2d Mon. April and Nov.. 2d Mon. Jan. and July. 
 3d Alon. Mar. and Oct.. . 2d jMon. June and Nov. 
 3d Tues. after 1st Tues. 
 
 Feb., 4th Tuos. after .-{d 
 
 Tues. August 2d Mon. June and Dec. 
 
 3d Tues. Aug., 1st Tues. 
 
 April and Dec 2d l^Ion. Feb. and June. 
 
 4th Mon. April and Oct.. 3d Mon. Feb. and Aug. 
 2d Tues. Mar., 8d Tues. 
 
 Aug.. 1st Tues. Dec. . . 2d Mon. May and Oct. 
 1st Mon. Feb. and Sept . 3d Mon. April and Nov. 
 4tb Mon. Feb., 1st Mon. 
 
 September 2d Mon. Dec. and .Tune. 
 
 1st Mon. Sept. and Mar.. 2d Mon. Jan., June and 
 
 September. 
 4th Mon. Feb. and Sept.. 2d Mon. Jan. and Aug. 
 1st Mon. Mar., June and 
 
 October 2d Mon. April, Aug. and 
 
 December. 
 1st Mon. April, 4th Mon. 
 
 October 2d Mon. Feb and Aug. 
 
 1st Mon. Mar., 4tli Mon. 
 
 August 2d Mon. Feb. and Oct . . 
 
 2d Mon. Feb., June and 
 
 October 2d Mon. April, Aug. and 
 
 1st Tuos. Mar. and Nov., December. 
 
 8d Tues. June 2d Mon. Jan., May and 
 
 4th Mon. jNIar., 2d Mon. October. 
 
 Aug and Dec 2d Mon. Feb., May and 
 
 Sd Mon. May, 1st Mon. November. 
 
 December 2d Mon. Feb. and Aug. 
 
 2d Mon. May and Dec. . 3d Mon. Mar. and Sept. 
 3d Mon. Mar., 4th Mon. 
 
 September £d Mon. May and Dec. 
 
 2d Mon. Nov. and Feb., 
 
 4th Mon. May 2d Mon, April, Dec. and 
 
 3d Mon. Kept. 
 1st Mon. April and Nov. 2d ;Mon, Mar. and Sept. 
 1st Mon. Feb. and Oct., 
 
 3d Mon. April 2d Mon. June, Sept. and 
 
 1st Tues. April and Dec, December. 
 
 3d Tues. Sept 2d Mon. Feb., July and 
 
 2d Mon. May, 4th Mon. November. 
 
 .January 2d Mon. Mar., Sept. and 
 
 December. 
 1st Mon. Feb and June. . 2d Mon. Apr., Aug. and 
 2d Mon. Mar., 1st Mon. December. 
 
 November.. 2d Mon. Jan. and June. 
 
 2d Mon. Jan., Mar., June 
 
 and October 2d Mon. May, and 1st 
 
 Mon. .Ian., Alar., Sept. 
 and November. 
 1st Mon. Feb. .and .\ug . 2d Mon. April and Oct. 
 1st Mon. Jan., 2d Mon. 
 
 .Vpril, 3d Mon. Sept. . . 2d Mon. Dec. and .June. 
 1st Tues. .Tan. and May, 
 
 2d Tues. Oct 2d Mon. Mar., June, Sep. 
 
 3d Mon. .Tan., May and and December. 
 
 September 2d Mon. Mar., Aug. and 
 
 2d Tues. jMay and Sept., November. 
 
 1st Tues. Fib 2d Mon. June and Dec. 
 
 2d Mon. .Tan., 4th Mon. 
 
 May and September. . 2d Mon. Mar. and Nov. 
 1st Mon. Feb., 4th Mon. 
 
 .\pril, 2d Mon. Sept., 
 
 1st Mon. Nov 2d Mon. April, Aug. and 
 
 2d Mon. Jan., 1st Mon. December. 
 
 June, 4th Mon. Sept.. . 2d Mon. Feb., July and 
 3d Mon. Feb. and Sept., October. 
 
 1st M(in. June 2d Mon. April and Dec. 
 
 .'id Nb)n. Mar.andOct . . 2d Mon. Feb. and Aug. 
 2<l Mon. Feb. and Aug. . 2d Mon. April and Nov. 
 2d Mon. Jan , 1st Mon. 
 
 .Tune and October.. . . 3d Mon. April, and .\ug. 
 November.
 
 226 
 
 ILLINOIS. 
 
 CounO;. County Scat. /J;/ CircuU Court. County Court. 
 
 Mason .... Havana ... 7 2(1 Mon. Feb., 1st Mon 
 
 Mercer. . . . Aledo 10 S.xtlTiiZTm ilon 'l^^r '''''• ' ^"^ ^"'^ 
 
 Monroe. . . . Waterloo. . . 3 3d^^^onf"^ft^r°Tsf '.J^n ''"o^t""- •^'^"•' ''^^ ^^^ 
 Montgomery. Hillsborough. 5 7th'Sf^te'r'?st fues ^d Mon. Jan. and June. 
 
 Feb , 12th Tues. after 
 
 3d Tues. August . . . . 2d Mon. Jan., May and 
 
 ^'""^^'^ laeksonvillo.. 7 2d Mon. May and Nov. . Sd^'lv^orS., 3d Mon 
 
 Aug., 1st Mon. Dec. . . 2d Mon. Feb., June and 
 
 reoria Peoria 8 Ist Mon. Feb., May, Oct ^*^^^^^^^'-- 
 
 Perry . . . . Pinckneyvre. 3 3d" M^]?.'Tfter'[st Mon ^d^^on. Jan. and April. 
 
 rope . . ; : :S^l^^:: : 1' [^t'^r.XV'^2d%'JS^: ^^Mon.Jan.and Aug. 
 Pulaski.. . .Mound Citv 1 -^dSu^n^^?;;, o^,^ i -, • • 2d Mon. July and Dec. 
 Pdtnam . . . Henne'pP^^^ : I lft'fc.^i^"ar^,^^tli^fc. ^'e^emt?- ""°^ "°<* 
 
 gfc^.l« ■ cSl^S" i ^S^IS'^"'!,^*' 'dM^-^TandDec. 
 
 Rock island -.R'Ssland: 1^ L^t^^^^.^fa"' ^^^^d ^^ Mon. Jan. and July. 
 
 St. Clair. . . . Belleville. . . 3 Sd^n^^'b:, "May and '^ ^''''- M-- J"l>-. ^ov. 
 Saline Harrishnrc. i oJ^a?*®'"a^®'' • • V^- • • 2^ Mon. Mar., July. Nov. 
 
 SanTamon.-.;?p'^r7Sll:. I !^l^^l^^:'^ff^,a ^^ ^o- ^^eb. and^Aug. 
 
 Schuyler... . Rushville. . . 6 ^th T^/es^Aprin-.-id Tues ^d^Mo"- April, July and 
 
 Shelby. . . .Shelbyville . r, IsVt^^s! April, 8th Tues ^^ Mon. Feb. and Aug. 
 
 Scoft. Winchester 7 jf h'^a*'/ '^^ J"^?/ '''''."a \ ' 2d Mon. .lan.and Julv. 
 
 Stark Toulon ' I i\J^'''\^^''i} ""^P^* • 2cl Mon. Feb. and Aug. 
 
 sh^l^en.son-.:^?^ipt: ! ! it U^S^"^^ ""^ ^Sl^ 2d Mon. June and Del. 
 
 Tazewell.. . . Pekin 8 l.st%"n°il^r-Feb:, 2d. '"oSer"'"^- ""^^ ""^ 
 
 Mon. Sept. and Nov.. . 2d Mon. Jan., April and 
 
 i:e"Si,-,„n-. : SSr"--" 5 !S K; S.,""o''«K,. ^""™- ««• — "<.- 
 
 3d Mon. May 2d Mon. April, Aug. and 
 
 Wabash. ... Mt. Carmel . . 2 3d Mon. April and Nov 2d'Mon Octohpr 
 Warren. . . . Monmouth . . 10 1st Mon. Jan., May and October. 
 
 Wa.shington. .Nashville . . 3 2d M^n°"£S.st Mon. ^^ ^^'^^ ^eb. and Oct. 
 
 Wavne Fairfield o --K^^- ^^^ ^^^^ ■. ■ ■ ■ 2d Mon. Jan. and Julv. 
 
 White ' ■ ■ ■ r?rmi • • I ?*\¥r""- ¥''^- ^"^ <^^"t- ' 2d Mon. Jan. and Aug. 
 
 *^ °'^® carmi .... 2 1st Mon. Jan., June, Oct. 
 
 M7u;«„„i-i.« »» • and 2d Mon. Mar. . . 2d Mon. Anril and Nov 
 
 Whiteside. .Morrison ... 13 1st Mon. Feb.. 2d Moii. ''^ ■''^""- ^P"' '^"« -^ov. 
 
 Will loliPt Q , ?^';:j'''^»d .3d Mon. Oct.. 2d Mon. April, Sept. and 
 
 *^ "' Joiiet 9 1st Mon. Jan., 3d Mon. Dec 
 
 Willi'imson Mnvinri 1 , ?^",y''^dMon Sept. . . 2d Mon. Mar.,July,Sept. 
 
 Williamson . Mai ion ... . i 1st Mon. April, 2d Mon. and Nov •''*'• 
 
 Winnebago. . Rockford ... 13 Is^'MdrViot..- 2d Mon '^d"^?"- ^'''- ^"^^ ^"^ 
 
 Woodford . . Metamora . . S id'^io^Xlr.yttU '^/ov" ''"■•' '''''' ''^'^^ 
 
 December 2d Mon. August. 
 
 Curtesy .-Has been aboli.shed in this state. Husband takes of the estate 
 ot the wife, as the wife of the hu.sband, one-third of the real estate as of 
 their own right and title. 
 
 [111. 9.]
 
 ILLINOIS. 227 
 
 Deeds. — May be executed before a justice of the peace, notary public or 
 commissiouer of deeds. It is always better for any one desiring to execute 
 deeds for foreign, state or territory, to have the same done before a commis- 
 sioner. 
 
 Form of Warranty Deed. 
 
 The grantor (here insert the name or names and places of residence of), 
 for and in consideration of (here insert consideration) in hand paid, convey 
 and warrants to (liere insert the grantee's name or names) the following de- 
 
 •scribed real estate : (here insert description), situated in the county of , 
 
 in the state of Illinois. Dated this day of , A. D. 18 — . 
 
 (A. B.) [SEAi,.] 
 
 Form of (^iiit Claim, Deed. 
 
 The grantor (here insert grantor's name or names and place of residence) 
 for the consideration of (here insert consideration), convey and quit claim to 
 (here insert grantees's name or names) all interest in the following described 
 
 real estate (here insert descrijrtion), situated in the county of , in the 
 
 state of Illinois. Dated this day of , A. D. 18 — . 
 
 (A. B.) [SEAL.] 
 
 Descent. — 1. To his or her children in equal paits, and to descendants of 
 "deceased child or grandchildren, in equal parts. 2. When the intestate 
 leaves no child or descendants of such child, or widow or surviving husband : 
 1. Parents. 3. Brothers and sisters or their rej^resentatives, in equal parts. 
 3. When there is a widow or survivivg husband and no children or descen- 
 dants, then such representation takes one-half of all the pn)perty, the real 
 estate being absolute in such representation. 4. When there is a widow or 
 husband and also a child or children or descendants, the surviving husband 
 •or widow, shall receive absolutely one-third personal and real estate. 5. When 
 there are no representatives in direct line, then collaterals may take. 6. If 
 an intestate leaves a widow or surviving husband and no kindred the estate 
 shall descend to such person surviving. 7. If there is no widow or surviv- 
 ing husband or representative to either of them, directly or collaterally, 
 then the estate escheats to the county. 
 
 Depositions. — May be used in the several courts of this state, and may be 
 taken before master in chancery, commissioner, notary public or justice of 
 the peace. Depositions of resident or foreign witnesses may be taken and 
 read in evidence. When either the parties to a suit desire the testim(my of a 
 witness, either foreign or resident, and such witness resides more than one 
 hundred miles from the place where the court is to be held, when called in 
 such case the opposite party is entitled to ten days' notice, if before a justice 
 of the peace, then one day additional for each one hundred miles. 
 
 Notice to take Depositions and Interrogatories. 
 
 State of Ilijnois. } 
 County. S **' 
 
 Ix THE ('ofirr OF CorxTY. 
 
 Term, A. D. 18—. 
 
 Take notice. That on the day of , A. D. 187 — , at ten o'clock in 
 
 the forenoon, or as soon thereafter as counsel can be heard, the undersigned 
 will sue out of the office of the clerk of said court, a dedimxH pofestatem, 
 {111. 10.1
 
 228 ILLINOIS. 
 
 or commission under the seal of said court, directed to Esq., of 
 
 the of , in the county of , and state of , or to any judge, 
 
 master in chancery, notary public, or justice of the peace of the county last 
 
 above mentioned, to take the deposition — , of , upon the interrogatories 
 
 hereto attached, to be read in evidence on the part of the on the trial 
 
 of the above entitled cause now pending in the said court, on the 
 
 side thereof ; when and where you can appear and file cross-interroga- 
 tories ; and join in said commission, if you wish. 
 
 Dated this day of , A. D. 187—. 
 
 for said . 
 
 hereby acknowledge service of the foregoing notice and attachcdl 
 
 interrogatories, by a copy thereof, this day of , A, D. 187 — . 
 
 for said . 
 
 State op Illikois, ? 
 County. S *** 
 
 , being first duly sworn, deposes and says, that on the day oi" 
 
 , A. D., 187 — , he served the foregoing Notice and the Interrogatories 
 
 hereto attached, upon , by leaving a true copy thereof with , and 
 
 further says not. . 
 
 Subscribed and sworn to, this day of , > 
 
 A. D. 187—, before me. , \ 
 
 Interrogatories referred to in the foregoing Notice, and to he answered h'j 
 
 , witness — to be produced, sworn and examined, under and by virtue of 
 
 the annexed commission, before , esq,, or any judge, master in chan- 
 cery, notary public, or justice of the peace of the county and state last men- 
 tioned in the within notice, in the cause therein mentioned and referred 
 
 to, and now pending in the court of county, state of Illinois, 
 
 wherein . on the part and behalf of said as follows, to wit. : 
 
 Interrogatory first. — State your name, age, occupation, and place of 
 residence. 
 
 Interrogatory Second. — State whether you know the parties to this suit, 
 or either of them, and if so, how long have you known them, or either of" 
 them, respectively? 
 
 Form for taking, certifying and returning Depositions. 
 
 The deposition of , of the county of , state of , a witness of 
 
 lawful age, produced, sworn, and examined on his oath (or affirmation) on 
 
 the day of , A. D. 18 — , at the (office or house) of , in the 
 
 (town or city) of , in the county of and state of , by me, , 
 
 acommissioner duly appointed by a dedimus potestatem, or commission issued 
 out of the clerk's office of the court of county, in the state of Illi- 
 nois, bearing test in the name of clerk of said court, with the seal of 
 
 said court affixed thereto, and to me directed as such commissioner for the 
 examination of the said , a witness in a certain suit and matter in contro- 
 versy, now pending and undetermined in the said court of county, 
 
 wherein is plaintiif, and is defendant, in behalf of the said , as 
 
 well upon the cross-interrogatories of the said , as on the interrogatorie.s 
 
 of the said , which were attached to the said commission, and upon none 
 
 others. 
 
 The said , being by me first duly swoni (or affirmed) as a witness in 
 
 the .said cause previous to the commencement of his examination, to testify 
 the truth, as well on the part of the plaintiff as the defendant, in relation to- 
 
 [111. 11.]
 
 ILLINOIS, 229 
 
 "the matters in controversy between the suul plaintiff" and defendant, so far as 
 he shouhl be interrogated, testitied and deposed as follows : 
 
 Interrogatory first : (Here insert first interrogatory.) 
 Answer to first interrogatory : (Here insert answer.) 
 
 • Form of Commissioner^ s CertificiUe. 
 
 I. of the connty of and state of , a commissioner duly ap- 
 
 p(Mnted to take the depositions of the said , whose name is subscribed to 
 
 foregoing deposition, do hereby certify that previous to the commencement 
 
 •of the examination of the said , as a witness in the suit between the said 
 
 , plaintiff, antl the said , defendant, he was duly sworn by me, as such 
 
 •commissioner, to testify tlie truth in relation to the matters in controversy 
 
 between the said , plaintiff", and , defendant, so far as he should be 
 
 interrogated concerning the same ; tliat the deposition was taken at my office 
 
 in the city of , in the county of , and state of , on the day 
 
 of , A. D. IS — , and that after said deposition was taken by me as afore- 
 
 >;aid, the interiDgatories and answers thereto, as written down, were read 
 over to said witness, and that thereupon the same was signed and swoni to 
 
 by the said witness, , the oath being administered by me as such commis- 
 
 •iiit)ner, at the place and on the day and year last aforesaid. 
 
 (Signed,) . Commissioner. 
 
 Divorce. — May be granted for the following causes : wilful desertion for 
 the space of two years ; wilful drunkenness two years, extreme and repeated 
 cruelty, attempting life, conviction for felony or adultery subsequent to the 
 marriage. 
 
 Residence. — Party applying for, must have a resident for at least one whole 
 yi-ar prior to the filing of the bill, unless the injury complained of was com- 
 mitted in this state, or whiLst the i)arties resided in this state. 
 
 Proceedings. — Must be had in the county where the complainant resides, 
 and may be directed to any county in the state. 
 
 Trial by jur\' ; where the defendant denies the bill filed. 
 
 Alimony and Custody of the Children. — The court may make such order as 
 they think the circumstances of the case warrant. 
 
 Dower. — Curtesy abolished. The surviving husband or wife entitled to 
 one-thinl part of all the lands. Equitable estates subject to dower. No 
 •dower as against purchase-money, or in lands held by mortgage. May be 
 birred by jointure. Husband or wife may renew the promises of a will, and 
 cl.tini dower untler tlie statute. Dower may also be barred by device, under 
 ■certain conditions. 
 
 Evidence and. Depositions. — No person can be debarred as a witness, but 
 tlie interest tiie witness may have in the case, or his or her conviction lor 
 crime, may be shown to affect the credibility of" svich witness. 
 
 Parties having evidence in their possession which may be pertinent to the 
 issue in any cause, may be compelled to jjroduce the same upon the hearing 
 of any cause. 
 
 Printed and exemplified statutes and decisions of courts, reports may be 
 read as evidence of the bodies which i)roduced them. 
 
 Certified copies of court records, of cities, etc., certified to by the clerk 
 ♦^hereof, and of private corporate under the hand of the secretary, clerk, 
 t-ashier, or other keeper of the same, may be read as evidence, also transcrii)t 
 of proceedings of justice of the peace. Such copies may be sworn to by 
 credible witnesses, also the official certificate of register of land office, as to 
 land titles, but the original patent is the best evidence of ownership of lands. 
 
 Executions. — May issue immediately after rendition of judgment, and to 
 any county in the state. Executions issued out of courts of record are re- 
 II1L12.] .
 
 230 ILLINOIS. 
 
 tuniable ia ninety days ; on justices' judgments, in seventy days. Execu- 
 tions are liens on personal property from date of delivery of the writ to sher- 
 iff or other officer. Real estate can not be levied upon or sold by virtue of 
 any execution issued by the justice of the peace. Real estate is sold on exe- 
 cution -without appraisement to the highest bidder ; and if the debtor so elects, 
 his real estate must be exhausted before his personal properti^ can be seized 
 under execution issued out of a court of record. No stay law. 
 
 Real estate sold under execution may be redeemed by the defendant within 
 twelve months after the sale, on payment of the amount it was sold for, with 
 eight per cent, interest and costs. If he fail to redeem within such time,auy 
 one of his decree or judgment creditors may redeem after that, and within 
 fifteen mouths from the time of the sale. 
 
 Exemptions. — To every household having a family, a homestead valued at 
 $1,000 ; and such exemption continues to the survivor, after the death of the 
 husband or wife, so long as he or she occupies it, and to the children until the 
 youngest is twenty-one years old. In addition, there is also allowed to every 
 person, necessary wearing apparel, bibles, school-books, family pictures, and 
 $100 worth of other property, selected by the debtor. If the debtor is the 
 head of a family, and resides with the same, he is allowed $300 worth in ad- 
 dition, to be selected by him. But such selection cannot be made from any 
 money or wages due. Of wages, there are $50 exempt to any one who is the 
 head of a family residing with the same. No exemption is allowed when the 
 debt is for the wages of laborer or servant. 
 
 Executors. — {See Administrators. ) 
 
 False Pretense. — ^This, proper, is a misdemeanor, under the statute, aiuH 
 under certain circumstances may become a felony, where the parties conspire 
 to obtain any money, goods, or chattels by. An indictment for charging misr- 
 demeanor cannot be quashed. 
 
 Frauds, Statute of. — No action can be brought to charge any executor (rr 
 administrator upon any special promise to answer for any debt or damage* 
 out of his own estate, or to charge the defendant upon any special promise to 
 answer for the debt, default, or miscarriage of another person, or upon any 
 agreement made upon consideration of marriage, or upon any agreement that 
 is not to be performed within one year from the making thereof, unless the 
 same shall first be reduced to writing, or for the sale of land, unless the con- 
 tract be in writing — fraudulent conveyances void — also assignments or trans- 
 fers of gift, grant, or charge upon real or personal estate. 
 
 Oamishment. — Wages or money to the amount of $50, exempt from. 
 
 Grace. — Three days of grace allowed on promissory notes, drafts, bills of 
 exchange, unless the same are payable on demand or presentment, and then that 
 condition is absolute. 
 
 Homestead. — $1000 in lands, if resided upon. Tlic debtor may leave with 
 the intention of returning and not lose his right of homestead. 
 
 Insolvent Laws. — Jurisdiction of. — County courts have jurisdiction of all 
 matters pertaining to insolvent debtors. In order to be released under, the 
 debtor must make a sworn schedule, to be passed upon by the court. An in- 
 solvent debtor cannot be released from his confinement, if the court records 
 show that malice was the gist of the action. When a release is applied for 
 the opposite party must have notice. 
 
 Interest. — Legal rate, six per cent. Contract in writing as high as eightr 
 per cent. Usury forfeits entire interest. 
 
 tIlLia.J
 
 ILLINOIS. 231 
 
 Judgments. — Are a lien upou the real estate of the debtor in the county 
 •where rendered for seven years ; but all judgments rendered at the same 
 term of court are equal. Should execution not issue within one year, the lieu 
 ceases ; but an execution subsequently issued within the seven years becomes 
 a lien from the time it is delivered to the sheriti". Though judgments cease 
 to be a lien after seven years, they may nevertheless be revived within twenty 
 years. Judgments may be confessed by the debtor in person, or by attorney, 
 duly authorized, either in tenn time or vacation, without process. When 
 entered in vacation, they have like force and etfect as if entered in term time, 
 and are liens from the date of entry. 
 
 Judgments recovered in other states are proved by an exemplification of 
 the record, attested by the clerk and the seal of the court annexed, if there 
 be a seal, together with a certificate of the judge, chief justice, or presiding 
 magistrate, that the attestation is in due form. 
 
 Justices of the Peace. — Justices of the peace liave jurisdiction to the ex- 
 tent of two hundred dollars. Process is returnable in from five to fifteen 
 days. It must be served at least three days before the trial. When there is 
 no defence, judgment can usually be had in five days. 
 
 Landlord and Tenant. — The owner of lands or his representatives, may 
 rent in actions of debt or assumpsit, in any court of competent jurisdiction. 
 
 Where there is a wilful holding over, double rent may be recovered, or if 
 the tenant shall give notice of intention to quit, and then holds over, double 
 rent may be recovered. 
 
 Notice to terminate the tenancy from year to year, sixty days ; by the month, 
 thirty days. Where notice has been given in either of the foregoing cases, no 
 further demand is necessary, and forcible detention or ejection may be main- 
 tained. 
 
 Where default has been made in any of the terms of the lease, only ten 
 days' notice is necessary. Where demand is for rent, only five days' notice is 
 necessary. 
 
 Liens. — A judgment before a justice of the peace, is a lien upon the per- 
 sonal property of a defendant from the delivery of the execution issued there- 
 on to the constable ; and upon the real property from the date of the filing of 
 a transcript of the judgment with the clerk of the circuit court, A judg- 
 ment of a court of record is a lien upon real estate, in the county, from the 
 time it is rendered or revived for seven years. There is no priority of lien of 
 judgments at the same term of court, or on same day in vacation. Judg- 
 ment ceases to be a lien if execution is not issued within one year, but exe- 
 cution may issue any time after, within seven years, and becomes a lien from 
 the time it is delivered to the sheriff or other proper officer. 
 
 Any person who furnishes labor or material for building, or repairing, on 
 any property, shall have a lien upon the whole of such property, for the 
 amount due him for his labor or material. 
 
 Limitations. — In real actions, twenty years after the right of action ac- 
 crues; except that seven years' residence, with connected title, deducible of 
 record, constitutes good title ; or seven years' actual possession, under claim 
 and color of title, made in good faith, and payment of all taxes legally as- 
 sessed ; or seven years' payment of the taxes on vacant and unoccupied lands, 
 under claim and color of title made in good faith, constitutes ownership to 
 the extent, and according to the purport, of the paper title. But if the per- 
 son having better title pays the taxes one year of the seven, it prevents the 
 operation of the two last clauses ; and, in case of minors, insane or impris- 
 oned persons, femmes covert, non-resident employees of the United States and 
 of this state, said two clauses are inoperative, provided suit is commenced 
 within three years after the said several disabilities are removed and prose- 
 cuted to judgment ; or, in case of vacant or unoccupied land, provided pay-
 
 232 ILLINOIS. 
 
 ment be made within three years to the person who has paid the same of all 
 taxes, with twelve per cent, interest. Judgments recovered in this state may- 
 be revived within twenty years. In actions on bonds, notes, bills, written 
 leases, written contracts, or other evidences of indebtedness in writing, and 
 for foreclosure of mortgages, ten years after the cause of action accrued, or 
 after a payment, or a new promise made thereon in writing. In actions on 
 unwritten contracts, awards of arbitration, or for injury to property, real or 
 personal, or to recover possession of personal property, and all civil actions 
 not otherwise provided for, five years after the cause of action accrued. In 
 actions for injury to the person, false imprisonment, or malicious prosecu- 
 tion, two years. For libel or slander, one year. Actions barred by the laws 
 of the state where the same arose can not be maintained in this state. If 
 the debtor is out of the state when the cause of action accrues, the action 
 may l)e brought within the time limited after his return ; and if he departs 
 from and resides out of the state after the cause of action accrues, the time 
 of his absence is not included. 
 
 Limited Partnerships. — May bo formed tinder the laws of this state. 
 Persons desiring to form such a partnership must sign a certificate setting 
 forth the name of the firm, business, names of general and special partners, 
 and distinguishing them ; the amount of stock of each special partner and 
 their several places of residence of each partner ; the period at which such 
 partnership will terminate, and the terras upon which such partnership may 
 be dissolved. Certificate may be acknowledged by proper authority and the 
 same must be recorded in the county in which one of the principal places of 
 business is located. At the time of filing the original certificate and affida- 
 vit of one of the general jmrtners it is necessary to be filed in the same office, 
 that the property and money specified in the certificate has been contracted 
 in good faith, must be i)ublished. May be renewed. Business must be 
 conducted under a firm of which the general partners shall only be men- 
 tioned. If any special partner allows his name to be so used, he shall be 
 deemed a general partner. 
 
 Married Women. — A married woman may own in her own right, real and 
 personal property, obtained by descent, gift or purchase, and manage, sell 
 and convey the same to the same extent and in the same manner tliat the 
 husband can property belonging to him. But, when husband and wife live 
 together, no transfer of chattels between them is valid as against third per- 
 sons, unless such transfer is in writing and acknowledged and recorded. A 
 married woman may sue and be sued ; she is alone liable for civil injuries 
 committed by her. Her contracts and liabilities may be enforced against her 
 the same as if she were unmarried ; she may buy goods, give notes in set- 
 tlement, etc., but she cannot enter into any co-partnership business without 
 the assent of her husband. She may control her own earnings, but neither 
 husband nor wife is entitled to compensation for services rendered the other. 
 Neither is liable fortlie debts of the other incurred either before or after 
 marriage, except tliat the i)roperty of both husband and wife is chargeable 
 with the expenses of the family and the education of the children. In case 
 husband or wife abandons the other for one year, without providing for the 
 support of the family, or is imprisoned, the court may authorize the other to 
 manage and control the absentee's property, and to subject the same to the 
 support of the family, and of the payment of debts of the absentee. A mar- 
 ried woman who, without her fault, lives apart from her husband, hasher 
 remedy in efiuity in her own name against her husband for a reasonable sup- 
 port, reference being had to the condition in life of the parties, etc.; and the 
 (^ourt may grant allowance to enable tlie wife to ])rosecnte her suit. A mar- 
 ried woman may make a will the same as if she were sole. Women attain 
 majority at eighteen. The estate of curtesy is abolished, and the surviving 
 husband or wife is endowed of the third part of all the lands whereof the 
 deceased was seized of an estate of inheritance at any time during the mar- 
 
 [TU. 15.[
 
 ILLINOIS. 233 
 
 riage, uuk'ss rcliiuiuishecl in legal form. Equitable estates are subject to 
 Kucli (lowt r, and all ii'al estate contracted for by the deceased during life, the 
 title to which may be conipletetl after decease. 
 
 Mechanics' Liens.— (<S'ee Liens. j 
 
 Morgages. — Mortgages on real estate are executed and acknowledged the 
 •same as deeds, husbaiul or wife being required to join to bar dower, except 
 in mortgages to sei-ure i)urchase nicnicy, in which case the instninient should 
 recite that it is for purchase money. Under an act in force, July 1, 187!), no 
 real estate within the state shall be sold by virtue of any power of sale con- 
 tained in any moitgage, trust deed or other conveyance in the nature of a 
 mortgage, execute<l after the taking effect of said act ; but all such instru- 
 ments must be f.Meclosed by judicial proceedings. 
 
 Form of Mortgage of Real Estate. 
 
 The mortgagor (name), mortgages and warrants to (name), secure the 
 payment of (here nature and amount of indebtedness, showing when due, 
 rate of interest, and whether secured by note or otherwise) the following 
 
 real estate (here insert description), situated in the county of , in the 
 
 state of Illinois. 
 
 Dated this ■ day of , A. D. 18—. 
 
 (A. B.) [SEAL.] 
 
 Notes and Bills of Exchange. — Any bill of exchange, payable out of the 
 United States, that is protested for non-acceptance or non-payment, and due 
 notice is given to the drawer or endorser of the same, he shall pay the 
 bill, with legal interest from the time it ought to have been paid, costs and 
 •charges of protest, and ten per cent, damages in addition. 
 
 Any bill payable within the United States, being protested and notice 
 given to the drawer orindorser, he shall jjay the bill, with interest and costs, 
 and if suit is brought on the bill, five i)er cent, damages in addition. 
 
 Notes made payable to any person as payee therein, may be assigned by 
 indorsement thereon of such person, or his assignees. Such assignee may 
 institute and maintain an action for the recovery thereof, in his own name. 
 
 Oaths. — In all courts the judges, clerks, masters in chancery, secretary of 
 state, police magistrates, notaries public,' have power to administer oaths. 
 
 Proof of Claims. — {See Executors and Administrators.) 
 
 Recording. — Is given to the clerk of the circuit court in counties of the 
 tirst and second class, except in Cook county where there is a separate office 
 ■established by law, known as the recorder of deeds. Chattel moitgages 
 must be recorded on the docket kept for that purpose, by the nearest justice, 
 where the property is situated, if in the same town no distinction is made as 
 to distance. Must also be recorded by the general recording officer of the 
 <;ounty. Wlien any recorded instrument lias been destroyed by fire a certi- 
 lied copy may be obtained by applying to the officer who recorded the same. 
 
 Replevin. — When goods have btn-n wrongfully detained or distrained may 
 be recovered in an action of replevin, before a justice, if the value of the 
 property so replevined does not exceed $200. ]\Iust make affidavit setting 
 forth the fact that such property has been wrongfully detained or taken 
 away, and furnish Ixmd in double the value. Will not lie as against an at- 
 tachment or execution unless such property is exempt by law. May be 
 brought in any county where the goods may be found. Affidavit may be 
 made on information and belief. If sheriff or other officer fails to take and 
 return the bond, or takes an insufficient bond they will be held lialile on offi- 
 ♦cial bond, but not after three years. 
 [111. 16.]
 
 234 ILLINOIS. 
 
 Revenue. — The following property may be taxed: Real and personal 
 property, moneys, bonds and stocks, credits and other investments, shares la 
 incorporated companies and associations for profit, and all personal property 
 in transitu owned by persons in this state, shares of capital stock of bank». 
 and banking companies. All property assessed at a fair cash value. 
 
 Seal. — Clerks of courts of record, notaries public and commissioners of 
 deeds, must provide themselves with a proper seal, while masters in chancery 
 and justices of the peace are not directed by law to have a seal. The county 
 clerk may furnish a certificate as to the standing of any elective or appoint- 
 ive officer in this state. 
 
 Security for Costs.— (5ee Actions.) 
 
 Stay of Execution. — There is no stay law. The only manner in generar 
 in which executions can be stayed is by an appeal. If the appeal is taken 
 for delay, the supreme court may assess damages not exceeding ten per cent. 
 Every court has jurisdiction to stay proceedings under its own executions,, 
 issued irregularly or informally, or upon a judgment already paid. (Hurd,, 
 841, 842.) See, also. Executions. 
 
 Taxes. — {See Revenue.) 
 
 Trust Deeds. — No person shall commence an action or make a sale to 
 foreclose any mortgage or deed of trust in the nature of a mortgage, unless, 
 within ten years after the right of action or right to make such sale accrues. 
 No decree of strict foreclosure shall be made upon any such mortgage, but 
 redemption shall be allowed as is now provided by law in cases of sales, 
 under executions upon common law judgments. 
 
 Usury. — (.See Interest.) 
 
 Wages. — (See Exemptions.) 
 
 "Wills. — (.See Executors and Administrators.) 
 
 Witnesses. — (See Evidence and Depositions.) 
 
 (111. 17.]
 
 ILLINOIS. 
 
 23& 
 
 ATTORNEYS IN ILLINOIS. 
 
 Bold Face Type denotes county seats. A dash (— ) less than 100 population. 
 Figures after names when admitted to the Bar. A star (*) Notaries Public. 
 A double dagger (t) our Compiler of Laws. 
 A dagger (t) former recommendations withdrawn. 
 
 PLACE. 
 
 COUNTY. 
 
 KAMES OF ATTORNEYS. 
 
 popula'n. 
 
 Albion 
 
 Edwards 
 
 H. J. Strawn. 
 
 1,000' 
 
 Aledo 
 
 Mercer 
 
 Bassett & Wharton. 
 
 1,492 
 
 Altamont 
 
 Effingham 
 
 W. S. Holmes. 
 
 1,100- 
 
 Alton 
 
 Madison 
 
 J. H. Yaeger. 
 
 12,000- 
 
 Amboy 
 
 Lee 
 
 B. H. Truesdell. 
 
 3,000 
 
 Anna 
 
 Union 
 
 W. C. Moreland. 
 
 2,05a 
 
 Areola 
 
 Douglas 
 
 F. E. Wright. 
 
 1,515 
 
 Arlington 
 
 Bureau 
 
 S. P. Prescott, '70. 
 
 447 
 
 Ashley- 
 
 Washington 
 
 A. H. Carter. 
 
 1,200 
 
 Astoria 
 
 Fulton 
 
 C. R. Campbell. 
 
 1,280- 
 
 Assumption 
 
 Christian 
 
 •Tames M. Birce. 
 
 1,000 
 
 Atlanta 
 
 Logan 
 
 J. L. Bevan. 
 
 1,368 
 
 Augusta 
 
 Hancock 
 
 W. H. Mead. 
 
 1,016 
 
 Aurora 
 
 Kane 
 
 N. J. Aldrich. 
 
 11,875 
 
 Barry 
 
 Pike 
 
 J. L. Underwood. 
 
 1,392 
 
 Batavia 
 
 Kane 
 
 Thomas C. Moore. 
 
 2,641 
 
 Beardstown 
 
 Cass 
 
 Whitlock, Mills & McCIu 
 
 re. 3,136 
 
 Belleville 
 
 St. Clair 
 
 Dill & Shaeffer. 
 
 15,000- 
 
 Belvidere 
 
 Boone 
 
 Chas. E. Fuller. 
 
 4,000 
 
 Bement 
 
 Piatt 
 
 W. G. Cloyd. 
 
 1,500 
 
 Benton 
 
 Franklin 
 
 D. M. Browning. 
 
 1,200 
 
 Blandinville 
 
 McDonough 
 
 Chas. Hume. 
 
 1,250. 
 
 Bloomington. McLean County. Population, 17,184. 
 
 EDWARD E. DONNELLY, 217 N. Main St. 
 
 Notary Public — Depositions and Commercial Reports. 
 BROCK & HOLLY. 
 f John Stapleton. 
 
 Braidwood 
 
 Brighton 
 
 Buda 
 
 Bunker Hill 
 
 Bushnell 
 
 Cairo 
 
 Cambridge 
 
 Canton 
 
 Carbondale 
 
 Carlinville 
 
 Carlyle 
 
 Canni 
 
 Carrollton 
 
 Will 
 
 Wm. Mooney. 
 
 5,524 
 
 Macoupin 
 
 D. D. Goodell. 
 
 1,000 
 
 Bureau 
 
 .Tesse Emerson. 
 
 1,500 
 
 Macoupin 
 
 E. W. Hayes. 
 
 1,700 
 
 McDonough 
 
 Barnes & Dougherty. 
 
 2,740 
 
 Alexander 
 
 ALBERT SMITH, '82. 
 
 11,000 
 
 Henry 
 
 J. P. Hand. 
 
 1,500 
 
 Fulton 
 
 D. Abbott. 
 
 4,000 
 
 Jackson 
 
 I. Clements. 
 
 3,000 
 
 Macoupin 
 
 Anderson & Bell. 
 
 4,000- 
 
 Clinton 
 
 G. Van Hoorebecke. 
 
 2,300 
 
 White 
 
 .1. R. Williams. 
 
 8,200 
 
 Greene 
 
 II. C. Withers. 
 
 2,100
 
 :236 
 
 ILLINOIS. 
 
 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OP ATTORNEYS, 
 
 . popula'k. 
 
 •Carterville 
 
 Williamson 
 
 J. M. Washburn. 
 
 
 1,000 
 
 'Carthage 
 
 Hancock 
 
 Mack & Baird. 
 
 
 1,800 
 
 Oentralia 
 
 Marion 
 
 E. L. Stoker. 
 
 
 5,000 
 
 CJhampaign 
 
 Champaign 
 
 G. W. Gere. 
 
 
 5,106 
 
 'Charleston 
 
 Coles 
 
 Wiley & Neal. 
 
 
 2,870 
 
 diebause 
 
 Iroquois 
 
 Hon. T. S. Sawyer. 
 
 
 1,000 
 
 Ohenoa 
 
 McLean 
 
 J. Lynch. 
 
 
 1,036 
 
 ^Chester 
 
 Randolph 
 
 A. G. Gordon. 
 
 
 3,000 
 
 Chicago 
 
 1. Cook County 
 
 Population, 503, 
 
 353. 
 
 
 BRAHAM, GEORGE, '76, Room 23 Times Building. 
 
 Boisot, Jr., Louis, '79, 108 Dearborn St. 
 
 Crawford, Frank J., 180 Clark St., Rooms 17 and 19. 
 
 See Card in Appendix, page vi. 
 
 FRY & BABB, 84 La Salle St. 
 Fry, Geo. C. 
 Babb, Jas. E. 
 
 See Card in Appendix, page vi. 
 
 HENDRICKS, JOHN C, '79, (Notary Public— Depositions 
 
 taken), 162 Washington St. 
 Hoyne, PMlip A.,* 52 and 53 New Government Building, 
 
 See Card in Appendix, page vii. 
 
 X King, Simeon W.,* 164 Dearborn St. 
 
 See Card in Appendix, page viii. 
 
 Lyons, Eobert L., 172 La Salle St. 
 
 See Card in Appejidix, page viXi. 
 
 RAINEY, W. G., '65, 218 La Salle St. 
 Russell,* F. C, '61, 150 W. Madison St. 
 See Card in Appendix, page viii. 
 
 STEIN, SYDNEY, '86, 170 Washington St. 
 
 Thornton, Chas. S., '73, (Real Estate Litigation a specialty), 
 
 143 La Salle St. 
 WHITCOMB, GEO. P., '55, 41 Clark St. 
 f Brookins,A., 40 Dearborn St. 
 \Donlin, W. J., 81 Clark St. 
 f Ooin, F. II., Illinois Bank Building, 
 i Latham, Jas. F., 162 La Salle St. 
 •f March, C. C, 53 Dearborn St. 
 f Bexford, H. L., 907 Opera House Building, 
 f Robinson, M. S., 95 Dearborn St. 
 f Wilson, J. E., 146 Dearborn St. 
 
 'Clinton 
 
 DeWitt 
 
 Oolchester 
 
 McDonough 
 
 OoUinsville 
 
 Madison 
 
 Cuba 
 
 Fulton 
 
 Danville 
 
 Vermillion 
 
 Decatur 
 
 Macon 
 
 De Kalb 
 
 De Kalb 
 
 Dixon 
 
 Lee 
 
 Du Quoin 
 
 Perry 
 
 Earlville 
 
 La Salle 
 
 East St. Louis 
 
 St; Clair 
 
 Edwardsville 
 
 Madison 
 
 Effingham 
 
 Effingham ' 
 
 Moore & Warner. 
 
 L. G. Reid. 
 
 A. Neustadt. 
 
 P. W. Gallagher. 
 
 O. A. McFARLAND, '80. 
 
 R. B. SMITH, '83, 
 
 W. A. Young. '67 
 
 Crea & Ewing. 
 
 f II. Pasco. 
 
 E. B. Gilbert. 
 
 Crabtree & Dixon. 
 
 Hon. Geo. W. Wall. 
 
 J. W. Browne; 
 
 Alex. Flanigan. 
 
 Burroughs & Warnock. 
 
 John C. White. 
 
 2,710 
 2,000 
 2.889 
 1,500 
 
 7,730 
 
 9,548 
 
 3,000 
 5,000 
 3,000 
 1,200 
 13,000 
 2,889 
 4.00T
 
 
 ILLINOIS. 
 
 237r 
 
 PI^ACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. POPUI.A'n. 
 
 Elgin 
 
 Kane 
 
 < CHARLES H. FISHER. 
 I Ref., 1st Nat. B'k of Elg 
 
 in. 8.<8a^ 
 
 Elizabethtown 
 
 Hardin 
 
 L. F. Plater. 
 
 484 
 
 El Paso 
 
 Woodford 
 
 Hon. W. S. Gibson. 
 
 i,r)On' 
 
 Eureka 
 
 Woodford 
 
 B. D. Meek. 
 
 1,600 
 
 Fairfield 
 
 Wayne 
 
 Robinson & Johns. 
 
 3,000 
 
 Farmer City 
 
 De Witte 
 
 GEORGE W. HERRICK, 
 
 '64. 1,280 
 
 Farmington 
 
 Fulton 
 
 J. W. Kriger. 
 
 1,500- 
 
 Flora 
 
 Clay 
 
 Refus Cope. 
 
 1,500 
 
 Freeport 
 
 Stephenson 
 
 James J. Neff. 
 
 12,000 
 
 Fulton 
 
 Whiteside 
 
 James McCoy. 
 
 1,950^ 
 
 Galena 
 
 Jo Daviess 
 
 David Sheean. 
 
 8,023: 
 
 Galesburgh 
 
 Knox 
 
 RANSOM C. HUNT, '66. 
 
 ll,44r> 
 
 Galva 
 
 Henry 
 
 J. W. Olson. 
 
 3,025^ 
 
 Geneseo 
 
 Henry 
 
 Geo. E. Wait. 
 
 4,000 
 
 Geneva 
 
 Kane 
 
 J. H. Maybome. 
 
 1,300 
 
 Gibson 
 
 Ford 
 
 A. L. Phillips. 
 
 1,300- 
 
 Gilman 
 
 Iroquois 
 
 S. S. Cone. 
 
 1,22» 
 
 Girard 
 
 Macoupin 
 
 J. T. McConnell. 
 
 2,000 
 
 Golconda 
 
 Pope 
 
 Ro.se & Sloan. 
 
 1,40(V 
 
 Grayville 
 
 White 
 
 Thos. G. Parker. 
 
 1.600 
 
 Greenfield 
 
 Greene 
 
 W. M. Wallace. 
 
 1,085 
 
 Greenup 
 
 Cumberland 
 
 W. H. McDonald. 
 
 1,200 
 
 Greenville 
 
 Bond 
 
 W. A. Northcott. 
 
 2,500 
 
 Griggsville 
 
 Pike 
 
 P. T. Staats. 
 
 1,515- 
 
 Hamilton 
 
 Hancock 
 
 G. A. Hawley. 
 
 1,026 
 
 Hardin 
 
 Calhoun 
 
 F. M. Greathouse. 
 
 500 
 
 Harrisburgh 
 
 Saline 
 
 Parrish & Parrish. 
 
 2,000 
 
 Haward 
 
 McHenry 
 
 A. N. Young. 
 
 1,607 
 
 Havana 
 
 Mason 
 
 Boyer & Choisser. 
 
 2,118 
 
 Hennepin 
 
 Putnam 
 
 W. H. Casson. 
 
 263 
 
 Henry 
 
 Marshall 
 
 F. S. Potter. 
 
 2,500 
 
 Hillsborough 
 
 Montgomery 
 
 Hon. Amos Miller. 
 
 2,000^ 
 
 Homer 
 
 Champaign 
 
 R. C. Wright. 
 
 1,000 
 
 Hoopeston 
 
 Vermillion 
 
 J. H. Dyer. 
 
 1,700 
 
 Jacksonville 
 
 Morgan 
 
 Henry Stryker. 
 
 13,500 
 
 Jerseyville 
 
 Jersey 
 
 A. O. Snediker. 
 
 3,500 
 
 Joliet 
 
 Will 
 
 J. S. REYNOLDS, '80. 
 
 16,65J> 
 
 Jonesborough 
 
 Union 
 
 Hon. Jesse Ware. 
 
 1,000 
 
 Kampsville 
 
 Calhoun 
 
 John H. Churchman. 
 
 240 
 
 Kankakee 
 
 Kankakee 
 
 P. Bonfield. 
 
 5,975 
 
 Kansas 
 
 Edgar 
 
 E. G. Rose. 
 
 1,000 
 
 Kewanee 
 
 Henry 
 
 Chas. K. Ladd. 
 
 4,500 
 
 Kinmundy 
 
 Marion 
 
 John T. Donovan. 
 
 1,09ft 
 
 Knoxville 
 
 Knox 
 
 Z. Cooley. 
 
 2,000 
 
 Lacon 
 
 Marshall 
 
 Bums & Ong. 
 
 2,500 
 
 La Salle 
 
 La Salle 
 
 Duncan & C^Connor. 
 
 8,700 
 
 Lawrenceville 
 
 Lawrence 
 
 C. J. Borden. 
 
 1,000 
 
 Lebanon 
 
 St. Clair 
 
 Henry H. Homer. 
 
 2,125^ 
 
 Lena 
 
 Stephenson 
 
 Andrew Hinds. 
 
 1,520 
 
 Le Roy 
 
 McLean 
 
 John M. Stitwell. 
 
 1,068 
 
 Lewistown 
 
 Fulton 
 
 Gray & Waggener. 
 
 2,000 
 
 Lincoln 
 
 Logan 
 
 Oscar Allen. 
 
 5,639 
 
 Litchfield 
 
 Montgomery 
 
 Southworth «fe Attcbury. 
 
 5,500 
 
 Lockport 
 
 Will 
 
 W. S. Myers. 
 
 2,500 
 
 Louisville 
 
 Clay 
 
 J. A. Barnes. 
 
 600 
 
 McLeansborough 
 
 Hamilton 
 
 T. B. Stello.. 
 
 2,000 
 
 Macomb 
 
 McDonough 
 
 D. G. Tunnicliff. 
 
 4,000 
 
 Marengo 
 
 McHenry 
 
 A. B. Coon, Jr. 
 
 2,000« 
 
 Marion 
 
 Williamson 
 
 George W. Young.. 
 
 1.000.
 
 238 
 
 ILLINOIS. 
 
 PLACE. 
 
 Marseilles 
 Marsliall 
 
 Mascontah 
 Mason City 
 
 Mattoon 
 
 Meiidota 
 
 Metamora 
 
 -Metropolis City 
 
 Minonk 
 
 Moline 
 
 Momence 
 
 Monmouth 
 
 Monticello 
 
 Morris 
 
 Morrison 
 
 Mound City 
 
 Mt. Carmel 
 
 Mt. Carroll 
 
 Mt. Morris 
 
 Mt. Pulaski 
 
 Mt. Sterling 
 
 Mt. Vernon 
 
 Murphrysborough 
 
 Najjerville 
 
 Ilashville 
 
 Nauvoo 
 
 INewton 
 
 Nokomi.s 
 
 Olney 
 
 Onarga 
 
 Oquawka 
 
 Oregon 
 
 Ottawa 
 
 Pana 
 
 Paris 
 
 Paxton 
 Pekin 
 
 Peoria 
 
 La Salle 
 Clark 
 St. Clair 
 Mason 
 
 Coles 
 
 La Salle 
 
 Woodford 
 
 Massac 
 
 Woodford 
 
 Rock Island 
 
 Kankakee 
 
 Warren 
 
 Piatt 
 
 Grundy 
 
 Whiteside 
 
 Pulaski 
 
 Wabash 
 
 Carroll 
 
 Ogle 
 
 Logan 
 
 Brown 
 
 Jefferson 
 
 Jackson 
 
 Du Page 
 
 Washington 
 
 Hancock 
 
 Jasper 
 
 Montgomery 
 
 Richland 
 
 Iroquois 
 
 Henderson 
 
 Ogle 
 
 La Salle 
 
 Christian 
 
 Edgar 
 
 Ford 
 Tazewell 
 
 Peoria 
 
 Peru 
 
 La Salle 
 
 Petersburgh 
 
 Menard 
 
 Pinckneyville 
 
 Perry 
 
 Pittsfield 
 
 Pike 
 
 Piano 
 
 Kendall 
 
 Polo 
 
 Ogle 
 
 Pontiac 
 
 Livingston 
 
 Princeton 
 
 Bureau 
 
 Prophetstown 
 
 Whiteside 
 
 Quincy 
 
 Adams 
 
 Red Bud 
 
 Randolph 
 
 Bobinson 
 
 Crawford 
 
 Rochelle 
 
 Ogle 
 
 Hockford 
 
 Winnebago 
 
 NAMES OP ATTORNEYS. POPULA'N 
 
 W. A. Morey. 1,882 
 
 Golden & Hamill. 2,000 
 
 Frank Perrin. 2,800 
 
 George Elle berry. 1,714 
 
 i f Francis A. Allison. _ _ .„ 
 
 ( Hon. Chas. Bennett. ^' '^ 
 
 L. B. Crooker. 4,056 
 
 C. H. Chitty. 828 
 
 J. F. McCartney. 4,000 
 
 M. J. Newell. 1,914 
 
 Browning & Entrikin. 9,000 
 
 B. F. Gray. 1,037 
 J. R. Hanna. 6,000 
 Samuel R. Reed. 2,000 
 E. SANFORD. 5,000 
 W. J. McCoy. 1,982 
 Hon. H. M. Smith. 2,100 
 M. F. Landes. 2,500 
 G. L. Hoffman. 1,786 
 R. Q. Allen. 1,500 
 A. G. Jones. 1,127 
 Hon. J. J. McDownold. 1,500 
 Chas. H. Patton. 3,000 
 R. J. Stephens. 3 500 
 H. H. Cody & Son. 2,047 
 H. H, Hosmer. 3,000 
 GEO. ALEX. RITTER, '70. 1,430 
 Gibson & Johnson. 2,000 
 W. P. Blue. 1,700 
 Wilson & Hutchinson. 4,500 
 A. S, Palmer. 1,300 
 Wm. C. Rice. 891 
 Geo. P. Jacobs. 2,500 
 Thos. W. D. Crane. 10,500 
 John W. Kitchen. 3,500 
 
 ( McKINLAY, ROBT. L., '60. 
 
 } FICKLIN, * JOSEPH C, '78. 4,371 
 
 ( SHEPHERD, JOHN W., '79. 
 
 C. H. Freen. — 
 W. B. Cooney, '85. 5,990 
 
 r Cratty Bros., Fuller & 
 
 1 Gallup. oQ Qiq 
 
 ] See Cardin Appendix, p. xx\ili, ~"-')"^*' 
 
 [\W.J. Woosley. 
 
 M. Blanchard. 5,657 
 
 N. W. Branson. 3,000 
 
 Wm. K. Murphy. 1,300 
 
 Wike & Higbee. 3,257 
 
 Thos. Beche. 1,782 
 
 J. D. Campbell. 2,500 
 
 N. Q. Tanquary. 3,500 
 
 Henderson & Trimble. 4,500 
 
 P. K. Marfleet. 1,300 
 
 Wm. McFadon. 38,000 
 
 G. L. Reiss. 1,338 
 
 Callahan & Jones. 2,000 
 
 M. D. Hathaway. 2,500 
 
 f Geo. M.Blake, U.S. Exp.Bldg..g ^^ 
 
 !_ See Card in Appendix, page xv. '^*'r'""
 
 
 ILLINOIS. 
 
 
 239 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OK ATTORNEYS. 
 
 popula'n. 
 
 Hock Island 
 
 Rock Island 
 
 .JOSEPH L. HAAS. 
 
 
 11,661 
 
 Jioudhousi- 
 
 Greene 
 
 I). F. King. 
 
 
 2,200 
 
 Jlushville 
 
 Schyler 
 
 Hon. L. A. .Jannan. 
 
 
 2,500 
 
 St. Cliarles 
 
 Kane 
 
 W. D. Barry. 
 
 
 1,536 
 
 Salem 
 
 Marion 
 
 H. C. Goodnow. 
 
 
 1,500 
 
 Sandwicli 
 
 De Kalb 
 
 J. I. Montgomery. 
 
 
 2,838 
 
 Savanna 
 
 Carroll 
 
 D. S. Berry. 
 
 
 2,000 
 
 Saybrook 
 
 McLean 
 
 Geo. M. Nelson. 
 
 
 1,000 
 
 Shawneetown 
 
 Gallatin 
 
 Carl Roedel. 
 
 
 2,000 
 
 Shelbjrdlle 
 
 Shelby 
 
 < MOULTON, '50, CHAFEE. 
 ( '60, & HEADEN, '75. 
 
 4,320 
 
 Sheldon 
 
 Iroquois 
 
 H. W. Snow. 
 
 
 1,000 
 
 8parta 
 
 Randolph 
 
 T. F. Alexander. 
 
 
 2,000 
 
 Springfield. 
 
 Sangamox 
 
 County. Population, 19 
 
 ,746. 
 
 
 BROWX, WHEELER & BROWN, 313 S. 5th St. 
 
 Practices in State and Federal Courts. United States 
 Courts held at Springfield. 
 
 Staunton 
 
 Sterling 
 
 Streator 
 
 Sullivan 
 
 Sumner 
 
 Sycamore 
 
 Taylorville 
 
 Tolono 
 
 Tuscola 
 
 TJrbana 
 
 Tandalia 
 
 Vermont 
 
 Vienna 
 
 Virden 
 
 Tirginia 
 
 Warren 
 
 Warsaw 
 
 Washington 
 
 Waterloo 
 
 Wateska 
 
 Waukegan 
 
 Waverly 
 
 Wenona 
 
 "Wheaton 
 
 White Hall 
 
 Wilmington 
 
 Winchester 
 
 Woodstock 
 
 Wyoming- 
 
 Macoupin 
 
 Whiteside 
 
 La Salle 
 
 Moultrie 
 
 Lawrence 
 
 De Kalb 
 
 Christian 
 
 Champaign 
 
 Douglas 
 
 Champaign 
 
 Fayette 
 
 Fulton 
 
 Johnson 
 
 Macoupin 
 
 Cass 
 
 Jo Daviess 
 
 Hancock 
 
 Tazewell 
 
 Monroe 
 
 Iroquois 
 
 Lake 
 
 Morgan 
 
 Marshall 
 
 Du Page 
 
 Greene 
 
 Will 
 
 Scott 
 
 Mc Henry 
 
 Stark 
 
 Amos Oiler. 
 J. & J. Dinsmoor. 
 J. T. Murdock. 
 Eden & Titus. 
 J. W. Stanley. 
 Geo. W. Denton. 
 H. M. Vandeveer. 
 W. A. Perkins. 
 T. Moore. 
 M. W. Mathews. 
 Henry & Fouke. 
 Thomas Kinsey. 
 Chapman & Whitnel. 
 B. Cowen. 
 R. W. Mills. 
 James Bayne. 
 W. N. Grover. 
 David Keyes. 
 W. H. Hoi-ine. 
 Kay & Euans. 
 Hon. F. E. Clark. 
 J. B. Connell. 
 J. H. Jackson. 
 Gary & Gary. 
 Thos. Henshaw. 
 John W. Merrill. 
 Kiggs & Divine. 
 T. D. Murphy. 
 John E. Decker. 
 
 2,000 
 5,089 
 8,000 
 1,400 
 1,500 
 4,000 
 3,000 
 1,000 
 1,438 
 3,500 
 2,500 
 1,133 
 7.50 
 2,000 
 1,450 
 1,897 
 3,111 
 2,500 
 2,000 
 2,200 
 4,013 
 1,126 
 1,400 
 1,800 
 2,000 
 2,500 
 1,626 
 2,200 
 1,200
 
 240 
 
 ILLINOIS. 
 
 BANKS IN ILLINOIS. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital ot one- 
 bank in each county of this State in which such a banking institution is located. 
 
 PLACE. 
 
 Albion 
 
 Aledo 
 
 Beilville 
 
 Belvidere 
 
 Blooniington 
 
 Cairo 
 
 Cambridge 
 
 Carlinville 
 
 CarroUton 
 
 Carthage 
 
 Charleston 
 
 Chicago 
 
 Clinton 
 
 Danville 
 
 Decatur 
 
 Dixon 
 
 Edwardsville 
 
 Farmer City 
 
 Freeport 
 
 Galena 
 
 Galesburg 
 
 Harrisburg 
 
 Havana 
 
 Hillsboro 
 
 Jacksonville 
 
 Jerseyville 
 
 •Toliet 
 
 Kankakee 
 
 Lacon 
 
 Lewistown 
 
 Lincoln 
 
 Macomb 
 
 Marion 
 
 Marshall 
 
 Metropolis 
 
 Monmouth 
 
 Monticello 
 
 Morris 
 
 Morrison 
 
 Mount Carroll 
 
 Mount Sterling 
 
 Mount Vernon 
 
 Murphysboro 
 
 Newton 
 
 NAME OF BANK. 
 
 Edwards County Bank 
 Fanner's Bank 
 First National Bank 
 
 City National Bank 
 First National Bank 
 C H C Anderson 
 Green County Nat B'k 
 Hancock Co Nat B'k 
 First National Bank 
 
 .John Warner & Co 
 Second National Bank 
 Decatur " " 
 City 
 
 J A Prickett & Sons 
 First National Bank 
 First National Bank 
 Galena National Bank 
 First National Bank 
 Bank of Harrisburg 
 Havana National Bank 
 Hillsboro National Bank 
 First National Bank 
 
 Bank of Lewistown 
 First National Bank 
 Union National Bank 
 Exchange Bank 
 11 L Duianey & Co 
 First National Bank 
 Monmouth National Bank 
 Bank of Monticello 
 First National Bank 
 
 Mt Vernon National Bank 
 .Jacjkson County Bank 
 The People's Bank 
 
 Chas. A. Pace. 
 
 A. M. Byers, Jfgr. 
 Casimir Audel. 
 
 J. S. Terwilliger 
 C. W. Robinson. 
 Thos. W. Hallidav. 
 H. White. 
 .Tames K. Furber. 
 Oman Pierson. 
 W. H. Griffith. 
 Wm. E. McCrory. 
 H. It. Symonds. 
 .John Q. Lewis. 
 Thos. S. Parks. 
 
 B. O. McReynolds. 
 S. C. Eells. 
 
 J, L. Prickett. 
 J. H. Harrison. 
 A. H. Barshinger. 
 
 E. C. Ripley. 
 Joseph Hoover. 
 Chas. P. Skaggs. 
 N. C. King. 
 Luther M. Beck. 
 
 F. G. Farrell. 
 Edward Cross. 
 W. G. Wilcox. 
 H. C. Clarke. 
 W. 11. Ford. 
 (Turner, Phelps & 
 Frank Hobit. 
 Albert Eads. 
 
 (L. A. Goddard.) 
 II. B. Duianey. 
 .1. M. Choat. 
 W. B. Young. 
 O. W. Moore. 
 
 G. A. Cunnea. 
 A. J. Jackson. 
 Owen P. Miles. 
 F. O. Crane. 
 
 C. D. Ham. 
 
 J. Van Cloostere. 
 O. S. Scott. 
 
 Co.) 
 
 25,000 
 
 09,000 
 
 100,000 
 
 75,000 
 
 150,000 
 
 100,000' 
 
 50,000 
 
 60,000 
 
 100,000 
 
 50,000 
 
 100,000 
 
 a, 000, 000 
 
 100,000 
 
 100,000 
 
 100,000 
 
 100,000 
 
 50,000 
 
 50,000 
 
 150,000 
 
 100,000 
 
 150,000 
 
 30,000 
 
 50,000 
 
 50,000 
 
 100,000 
 
 50,000 
 
 100,000 
 
 50,000 
 
 50,000 
 
 50,000 
 
 50,000 
 
 50,000 
 
 40,000 
 
 33,750 
 
 50,000 
 
 100,000 
 
 35,000 
 
 50,000 
 
 lOOOOO 
 
 100,000 
 
 50,000 
 
 51,100 
 
 13,000 
 
 15,000
 
 
 JluJAyOIi 
 
 ■ • 
 
 241 
 
 PAID UP 
 
 PLACE. 
 
 NAME OF HANK. 
 
 CASHIER. 
 
 CAPITAL. 
 
 Olney 
 
 First National Bank 
 
 R. N. Stotler. 
 
 50,000 
 
 ()re<'on 
 
 H H «( 
 
 Chas. Schneider. 
 
 50.000 
 
 ( )ttawa 
 
 it a (t 
 
 .T. F. Nash. 
 
 100,000 
 
 Paris 
 
 li a 
 
 AVni. Siebert. 
 
 108,000 
 
 Paxton 
 
 ii i( a 
 
 John B. Shaw. 
 
 50,000 
 
 Pekin 
 
 Farmers' National Bank 
 
 C. H. Turner. 
 
 100,000 
 
 Peoria 
 
 Central " " 
 
 B. F. Blossom. 
 
 200,000 
 
 Petersburg- 
 
 First 
 
 J. :M. Rollins. 
 
 50,000 
 
 l^ittsfield ' 
 
 First " '• 
 
 Daniel D. Hicks. 
 
 100,000 
 
 Pontiac 
 
 Livingston Co Nat Bank 
 
 II. G. Greenbaum. 
 
 75,000 
 
 Priiu'etou 
 
 First National Bank 
 
 H. C. Roberts. 
 
 105,000 
 
 QiiiiK-y 
 
 U .i .. 
 
 Fred. AV. ]\Iyer. 
 
 100,000 
 
 llobinsun 
 
 Robinson Bank 
 
 A. P. AYoodworth 
 
 40,500 
 
 Hock ford 
 
 Second National Bank 
 
 George R. King. 
 
 200,000 
 
 Hock Island 
 
 First " " 
 
 Geo. AV. Loosley. 
 
 100,000 
 
 Pushville 
 
 Bank of Rushville 
 
 Aug. AA''arren. 
 
 75,000 
 
 Salem 
 
 Salem National Bank 
 
 Benj. F. Marshall. 
 
 50.000 
 
 Shawneetown 
 
 First National Bank 
 
 AVilliam D. Phile. 
 
 50,000 
 
 Shelbyville 
 
 (. (c a 
 
 J. AV. Powers. 
 
 75,000 
 
 Springfield 
 
 a -i (< 
 
 AV. AV. Tracy. 
 
 250,000 
 
 Sycamore 
 
 Sycamore National Bank 
 
 P. M. Alden. 
 
 50,000 
 
 Taylorville 
 
 A G Barnes 
 
 
 25,000 
 
 Tnscola 
 
 First National Bank 
 
 AV. H. Lamb. 
 
 113,000 
 
 Urbana 
 
 (( (( a 
 
 P. Richards. 
 
 50,000 
 
 Vandalia 
 
 Bank of A^andalia 
 
 Geo. AV. Brown. 
 
 90,000 
 
 Vienna 
 
 Bank of Vienna 
 
 J. N. Poor. 
 
 25,000 
 
 Virginia 
 
 Centennial National Bank 
 
 .James B. Black. 
 
 50,000 
 
 AVatseka 
 
 First National Bank 
 
 Geo. C. Harrington. 
 
 50,000 
 
 AVaukegan 
 
 a .. a 
 
 Chas. F. AViard. 
 
 50,000 
 
 AVincliester 
 
 Neat, Condit & Co 
 
 
 15,000 
 
 AV^oodstock 
 
 First National Bank 
 
 Jno. J. Murphy. 
 
 50,000 
 
 Yorkville 
 
 Kendall County Bank 
 
 G. L. Cornell. 
 
 25,000
 
 TERRITORY OF 
 
 I NDI AN. 
 
 SU:vrMARY OF 
 
 CoLivECTioN Laws. 
 
 O^iJltT VAJ.ENDAK, iNSTJirCTloNS FOK TAKING DEPOSITIONS, LEGAI> FOKMS, ETC. 
 
 Expressly Prepared and Revised to Nov. 1st, 1887, for "Showers' 
 
 Legal Directory and Merchants' Guide," for 1888, by 
 
 Jno. Q,. Tufts, of the Muscogee Bar. 
 
 Actions. — Actions can be biouglit only before the Indian agent on affi- 
 ilavit oL' I'eal party in interest. 
 
 Affidavits. — United States commissioners are the only officers in the ter- 
 ritory autliorizcd to administer oaths. 
 
 Aliens. — Aliens are not permitted to remain in the territory without the 
 jiermission of the interior department. 
 
 Appeals. — Ai)peals can be taken at any time from the Indian agent to the 
 commissioner of Iiulian alfaij's, and to the secretary of the interior. 
 
 Arrests.— The United States district court for the western district of 
 Arkansas has exclusive jurisdiction over crimes committed upon the reserva- 
 tions of the Cherokees, ('reeks, Chickasaws, Choctaws and Seminoles, in 
 violation of the statutes of the United States, when one or both parties are 
 ■citizens of the United States, and in all cases of introducing liquor or viola- 
 tion of revenue laws. The United States district court for the district of 
 Kansas has the same jurisdiction over the ballance of the territory. 
 
 Assignments. — Tliere is no law applicable to assignments. 
 
 Attachments. — There is no law concerning attachments. 
 
 Chattel Mortgages. — Mortgages, bills of sale, contcicts, liens, etc., of all 
 kinds are worthless, as there is no court to enforce them. 
 
 Claims against Estate of Decea&ed Persons. — Property must be removed 
 to a state by the Indian agent and settled in accordance with the laws of 
 «uch state. 
 
 <Claims. — {See Proof of Chiimn.) 
 
 Courts. — (See Arrests.) 
 
 Corporations. — Corporations may be formed and contracts made with 
 Indians fur mining, etc. Such contracts must be approved by the secretary
 
 INDIAN TERRITOUY. ^ 243 
 
 of the interior. Corporations violating tlie terms of their contracts are 
 removed from tlie territory by the United States troc>ps, on order from the 
 secretary of the interior. 
 
 Deeds. — Real estate is held in commtjii by the natives, hence no deeds are 
 recjuired. Citizens of the United States can not own real estate in the 
 territory. 
 
 Depositions. — (See United States Statutes.) 
 
 Descent and Distribution of Property. — {See Claims against Estate of 
 Deceased persons. ) 
 
 Divorce. — United States citizens must go to the states for divorces. 
 
 Dower. — (See Claims against Estate of Deceased Percons.) 
 
 Interest. — Any rate may be agreed upon and paid. 
 
 License. — Traders must pay a license fee to the Indian nations of from one 
 hundred to five hundred dollars a year. License is granted by the commis- 
 sioner of Indian affairs for the term of one year. Trader must give a bond 
 in ten thousand dollars to obey the laws and regulations of the Indian office. 
 Commercial travellers are not taxed. 
 
 Proof of Claims. — No particular form for proving claims are prescribed. 
 Claim should be sent with affidavit, same as is required to commence action 
 in states. 
 
 Wills. — Wills are executed in accordance with the laws of the adjoining 
 states, and are there probated. If necessary, the property is removed to the 
 states.
 
 STATE OF 
 
 INDIANA. 
 
 SUMMARY OF 
 
 CoivLKCTioN Laws. 
 
 Court Calendar, Instructions for taking Depositions, Legal, Forms, Etc, 
 
 Expressly Pkkpakkd and Revised to Nov. Isi, 18S7, for "Whowers" 
 
 Legal Directory and Merchants' Guide." for I,S88, by 
 
 Chas. L. Wedding, of the Evansville Bar. 
 
 Acknowledgments. — To entitle deeds and mortgages to be recorded they 
 must be acknowletlged or proved before a judge or clerk of some court of 
 record, justice of the peace, auditor, recorder, notary public, or mayor of a 
 city, in this or any other state. If before an officer having an official seal, if 
 attested by such seal, acknowledgments re(iuire no other attestation. A mar- 
 ried woman need make no different acknowledgment than if single, and need 
 not be examined separate and apart from her husband. 
 
 Action. — There is in this state but one form of civil action, and no dis- 
 tinction in i)leading and practice between actions at law and suits in equity. 
 
 Administration of Estates of Deceased Persons. — Claims against es- 
 tates must be tiled with the clerk of the court, accompanied by an affidavit 
 that "'The claim, after deducting all costs to which the estate is entitled, is- 
 partly due and wholly unpaid." It must be so filed and verified, whether 
 due or not, and should be itemized and filed within one year. If not allowed 
 by the administrator, it stands for trial at first term, if filed thirty 
 days before such term. Mortgages, liens, last sickness and funeral expenses- 
 and cost of administration on jjreferred debts. 
 
 Affidavits. — Affidavits can be taken by any person authorized to admin- 
 ister an oath in the following forms : 
 
 Affidavit to Account. 
 Statp: op Indiana, } 
 
 iJOUNTY OP . \ **• 
 
 Before me, (state name of officer), a (state official title) of said county 
 
 and state, came , who, being by me duly sworn, says that the annexed 
 
 account in favor of against , is correct ; that no payments have been 
 
 made thereon, except the credits thereon given ; that there are no set-ofts 
 against the same, to his knowledge ; that the balance shown in said statement 
 
 of account, to wit, dollars, is now justly due and owing to said . 
 
 and no part thereof is for usurious interest, all of which he verily believes. 
 
 [Signature and title of officer.) 
 
 Subscribed and sworn to before me on the djxy of , 18 — . 
 
 [seal.] {Signature.) 
 
 [In. 1.1
 
 INDIANA. 245 
 
 Affidavit in Attach inent. 
 
 Before , justice of the peace, the plaintiff says that the claim in 
 
 tliis action ajjainst the defondaut is for (state nature of elJini, whether note 
 or account), and that tlie claim is just, and that he believes he ought to re- 
 cover dollars and cents, and the said (state ground of attachment.) 
 
 {Signature.) [seal.] 
 
 Sworn to and subscribed before me this day of , 18 — . 
 
 , Justice, [seal.] 
 
 Appeals. — May be taken from justices' and mayors' courts to circuit or 
 superior courts within thirty days after judgment, and from circuit and su- 
 perior courts to supreme court, within one yeai'. Appellant must give bond 
 to pay judgment on appeal from mayor, justices of the peace ; but no bond 
 required on api)eal to sui)reme court, unless story of proceedmgs on judg- 
 ment is asked. 
 
 Arrest. — Defendant in civil action may be arrested on affidavit, that he is 
 about to leave the state, taking money or property which ought to be applied 
 to the debt, to defraud his creditors, but only upon bond being given to pay 
 all damages. 
 
 Assignments. — Any debtor in embarrassed or failing circumstances, may 
 make a general assignment of all his property, in trust for the benefit of all 
 his 6o/j«^'(^c creditors, which must be by deed of indenture, acknowledged 
 and recorded in the recorder's office of county where the debtor resides, with- 
 in ten days after its execution. The indenture must contain a full description 
 of the real estate assigned, and be accompanied by a schedule containing an 
 enumeration and description of all personal property. 
 
 The indenture is not operative until filed for record, when it takes prece- 
 dence to execvitions, attachments, etc., not theretofore levied. 
 
 The assignor is allowed the benefit of the $600 exemption as against debts 
 upon contract, but no exemption from claims founded in tort. 
 
 Preferences not allowed in deed of assignments, bvit can be made by mort- 
 gage or otherwise, before assignment is made. 
 
 Claims must be filed with trustee, accompanied by affidavit, that they are 
 just, lawful and no part for usurious interest. 
 
 Assignment does not divest liens and loans; debtor liable for balance of 
 debts not jiaid by estate. 
 
 Attachments. — The plaintiff, at the time of filing his complaint, or at any 
 time afterward, may have an attachment against the property of the defen- 
 dant, in the case and the manner hereafter stated : 
 
 1. When the defendant, or one of several defendants, is a foreign corpora- 
 ticm or non-resident of the state. 2. Where the defendant, or one of several 
 <lefendants, is secretly leaving, or has left the state, with intent to defraud 
 his creditors; or 55. So conceals himself that a summons can not be served 
 upon him ; or 4. Is removing, or about to remove his property, subject to 
 execution, or a material part thereof, out of the state, not leaving enough to 
 satisfy the plaintiff's claim ; or 5 and 6. lias sold, conveyed, or is about to 
 sell and convey, or otherwise dispose of his property, subject to execution, 
 or has suffered or permitted it to be sold, with the fraudulent intent to cheat, 
 hinder, or delay his ereditors. Under the 2d, 4th, 5th and ()th clauses, at- 
 tachment can be had on debts not due. The facts must be show'u by affida- 
 vit of the jilaintiff or other person in his behalf, and plaintiff is reiiuired to 
 Iln. 2.]
 
 246 INDIANA. 
 
 give bond to pay all daiuagos defendant may sustain if prooeedings are 
 wrongful. Other creditors can file claim at any time before final judgment 
 aad all money collected is to be pro rated on all debts proven on final trial. 
 
 Fona of Bond in AttachmeiU. 
 
 Before , justice of the peace, we undertake that the plaintiflf shall 
 
 •duly prosecute these proceedings, and pay the defendant all damages which 
 se may sustain, if these proceedings are wrongful and oppressive. 
 
 ( Skin atnre. ) [seal. ] 
 (Signature.) [seal.] 
 
 Taken by me this day of , 18 — . 
 
 , Justice, [seal]. 
 
 Bills of Exchange and Promissory Notes.— Notes payable at a bank in 
 this state, or if assigned without notice to bona fide holder before due, not 
 subject to defenses as a common note, all other notes open to same defenses 
 as if held by original parties. Notes may contain clauses "without relief 
 from valuation or appraisement laws," and this will dispense v/ith appraise- 
 ment and property can be sold on execution at whatever it will bring, other- 
 wise it must bring two-thirds its appraised value, may also contain clause 
 agreehig to pay attorney's fee, thus : 
 
 Fo7'm. 
 
 $ , 18-. 
 
 days after date promise to pay to the order of , dollars,. 
 
 payable at , for value received, without any relief whatever from valuation 
 
 or appraisement laws, with hiterest at eight per cent, per annum, after ma- 
 turity (or date), and attorney's fee. 
 
 (Signature.) 
 (Signature.) 
 
 All notes and other contracts for payment of money assignable by indorse 
 ment or delivery so as to enable assignor to sue in his own name. 
 
 Chattel Mortgages. — May be made in form of ordinary bill of sale or in 
 form of real estate mortgage. It must be acknowledged as deeds are and 
 must be recorded in county where property is situated within ten days. 
 Possession of property may be taken by replevin or default in payment ou 
 mortgage may be purchased and property sold by sheriff. Sale of property 
 mortgaged without disclosing fact render a final oftcnse. 
 
 Form of C'?ia(tel Mortgage. 
 
 Know all men hy these presents, That , of county, in the state of 
 
 Indiana, i»arty of the first ))art, ha — this day bargained and sold, and do 
 
 hereby bargain and sell, unto , of Indiania, party of the second part, for 
 
 the sum of dollars, in hand paid, receipt whereof is hereby acknowl- 
 edged, the following described property, to-wit : 
 
 The condition of this l)ill of sale is (here insert conditions about the debt, 
 etc.), witliout relief from valuation or appraisement laws, with attorney's 
 fees. Now, if the said party of the first part shall well and truly pay said 
 notes at maturity, with all the interest thereon, then this instrument shall be 
 void, otherwise to remain in full force. (Here insert other conditions as tu 
 possession, etc.. as the case may be.) 
 
 Witness »• hand — and seal — this day of , 18 — . [seal.] 
 
 [seal.} 
 [In. ;U
 
 INDIANA. 24T 
 
 ackkowledgmext. 
 State ok Indiana, } 
 
 County of . ^ 
 
 Before me, the iimleisigned, a in and for said connty and state, this 
 
 day of , 18 — , personally ajjpeared , to me well known, and ac- 
 knowledged the execution of the foregoing instrument as free act and. 
 
 deed. 
 
 Witness my hand and official seal. {Signature.^ 
 
 Claims against Decedents' Estate.— (»9f<' Decede/dx' Estate.) 
 
 Conditional Sales of Personal Property. — Owner may sell property on 
 credit with an agreement, verbal or written, that title shall not pass until 
 paid for and may hold the property even against bona Jide \>\ivchsiser. (^See 
 Chattel Mortgages.) 
 
 Corporations. — Foreign and Domestic. — Simple provisions are made for 
 organization of corporations, mining companies, building associations, etc., 
 by statute. No charters granted by legislature; all must be organized under 
 general law. 
 
 Costs, Security for. — All non-residents must give bond for costs whem 
 suit i.s begun or when ordered by court after suit is brought. 
 
 Courts. — Circvit courts have general jurisdiction. 
 
 Superior courts at Evausville, Indianapolis, Terre Haute, Lafayette, and 
 Fort Wayne have general civil jurisdiction. 
 
 Court Calendar. — 
 
 UNITKD STATES CIRCUIT AND DISTRICT COURTS. 
 
 Associate Jiisiire of the Supreme Court, John M. Harlan, of Kentucky. Oircnie 
 .Tudffe, Walter Q,. Gresham, of Indianapolis. District Judue, for District of Indiana, 
 William A. Woods, of Indianapolis, ^-l^^or/ie.v, David Turpie, of Terre Haute. Vir~ 
 cuit and DiMricl Clerk, Noble C. Butler, of Indianapolis. Deputies, Willard C Nichols,, 
 Indianapolis; .lames G. Harrison, New Albany ; J. W. Wartnian, Evansville - Johi& 
 Norris, Jr., Ft. Wayne. Marshal, P^dward Hawkins, Indianapolis. 
 
 Terms.— KX, Indianapolis, 1st Tuesdays In May and November; at New Albany 
 1st Mondays in .Tanuary and July; at Evansville, 1st Mondays in April and Octo- 
 ber; at Ft. Wayne, 1st Mondays in June and December. Indiana is but one district 
 and the judgments rendered at either court within the district are effectual 
 throughout the State. 
 
 SUPREME COURT OP INDIANA. 
 
 .Tudyss. Byron K. Elliott, of Indianapolis : George V. Howk, of New Albany- 
 Joseph A. S. Mitchell, of Goshen ; William K. Nililack, of Vinccnnes ; Allen Zollars". 
 of Ft. Wayne. (There is no regular ( 'hicf Justice, each judge in turn acts as such.) 
 Clerk, Simon P. Sheerin, of Logansport. Atlormij General, Francis T. Hord, of 
 Columbus. 
 
 CIRCUIT COURT. 
 
 When held. 
 
 Sd M.)n. Jan., 2d Mon. April, 2d Mon. Ang^., 
 
 Ist Mon. Nov., .5 weeks. 
 1st Mon. Feb. and Sept., Md Mon. April and 
 
 Nov. ((Criminal)— 1st Mon. April and Oct. 
 1st Mon. Feb. and Sept., -Ith >ron. April, M 
 
 Mon. Nov. 
 1st Mon. Feb. and Sept., 3d Mon. April and 
 
 Nov. 
 On Mon.s. succeeding court in the Connty of 
 
 Grant (q. v.l. 
 1st Mon. Jan., Mar., .lune, Sept., and Nov. 
 1st Mon. Jan. and April, ;5d Jlon. June. 4th 
 
 -Moil. f)ct. 
 [In. -1.1 
 
 County. 
 
 County Seat. 
 
 Circu 
 
 Adams . . . 
 
 Decatur . . . . 
 
 . 26 
 
 Allen . . . 
 
 I^ort Wayne . . 
 
 . .">8 
 
 Bartholomew 
 
 Columbus . . . 
 
 9 
 
 Benton . . . 
 
 Fowler 
 
 •'!0 
 
 Blackford . 
 
 Hartford City . 
 
 48 
 
 Boone . . . 
 Brown . . . 
 
 Lebanon . . . . 
 Nashville . . . 
 
 20 
 i)
 
 248 
 
 INDIANA. 
 
 County. 
 
 County Seat, Circuit, 
 
 Carroll 
 
 Cass , 
 Clark 
 
 . Delphi .... 
 
 . Logansport . 
 . Jetfersonville 
 
 Clay Brazil 
 
 Clinton . . 
 
 Crawford . 
 
 Daviess . . 
 
 Dearborn . 
 
 Decatur . . 
 
 DeKalb . . 
 Delaware . 
 Dubois . . 
 Elkhart . . 
 
 Fayette . . 
 Floyd . . . 
 Fountain . 
 
 Franklin . 
 
 Fulton . . . 
 
 Gibson . . . 
 Grant . . . 
 
 Greene . . . 
 
 Hamilton . 
 
 Hancock . . 
 
 Harrison .. . 
 
 Hendricks . 
 
 Henry . . . 
 
 Howard . . 
 
 Huntington 
 
 Jackson 
 Jasper . 
 Jay . . . 
 
 . Frankfort . . 
 . Leavenworth 
 . Washington 
 . Lawrenceburi 
 
 . Greensbui-gh 
 
 . Auburn 
 . Muncie 
 . Jasper . 
 . Goshen 
 
 Jefferson 
 
 Jennings 
 
 .Tobnson . 
 
 Knox . . 
 
 Kosciusko 
 
 Ijagrangc 
 
 I^ake . . 
 
 Laporte 
 
 Ijflwrcnce 
 Madison 
 
 Marion . 
 
 Marshall 
 Martin . 
 Miami . 
 
 . Connersville 
 . New Albany 
 . Covington 
 
 . Brookville 
 
 . Rochester . 
 
 . Princeton . 
 . Marion . . 
 
 . Bloomfleld 
 
 . Noblesville 
 
 . Greenfield 
 
 , Corydon . . 
 
 . Danville . 
 
 . New Castle 
 
 . Kokomo . . 
 
 . Huntington 
 
 . Brownstown 
 . Itenssclaer 
 . Portland . . 
 
 . Madison 
 . Vernon . 
 . Franklin 
 . Vincennes 
 . Warsaw . 
 . Ijagrange . 
 . Crown Point 
 . Ijaporte . . 
 
 . Bedford . 
 . Anderson 
 
 . Indianapolis 
 
 . Plymouth . . 
 . Slioals . . . . 
 . I'eru 
 
 39 
 
 29 
 4 
 
 35 
 4B 
 11 
 34 
 
 37 
 
 4 
 
 21 
 
 37 
 
 41 
 
 II 
 
 48 
 
 14 
 24 
 18 
 3 
 19 
 18 
 36 
 28 
 
 42 
 
 30 
 2(j 
 
 5 
 
 6 
 16 
 
 12 
 
 When held. 
 
 On Mens, succeeding terms of court in White 
 
 County (q. v.) 
 1st Mon. Jan., April, Sept. and Nov. 
 1st Mon. Jan., 4th Mon. Mar., 2d Mon. June 
 
 and Oct. 
 1st Mon. Jan.. 5th Mon. alter 2d Mon. Feb., 
 
 4th Mon. April, 1st Mon. 8ept. 
 1st Mon. Jan., Mar., June, Sept. and Nov. 
 3d Men. Mar., June, Oct., 4th Mon. Dec. 
 2d ]Mou. Feb., 3d Mon. May, Sept. and Nov. 
 1st Mon. Feb. and Sept., 4th Mon. April, 3d 
 
 INIon. Nov. 
 1st Mon. Feb. and Sept., 4tli Mon. April, 3d 
 
 Mon. Nov. 
 1st Mon. Feb. and May, 2d Mon. Oct. 
 1st Mon. Jan., Mar., June, Sept, and Nov. 
 1st Mon. Jan. and Sept., 4th Mon. April. 
 On 4th Mons. after date fixed for commence- 
 ment of court in La Grange (q. v.) 
 Mons. succeeding terms of FranKlin Co. (q. v.) 
 2d Mon. Feb., 1st Mon. May and Sept. 
 1st Mon. Mar., 3d Mon. May, 1st Mon. Sept., 
 
 4th Mon. Nov. 
 1st Mon. Feb. and Sept., 4th Mon. April, 3d 
 
 Mon. Nov. 
 1st Mon. Feb. and Sept., 4th Mon. April and 
 
 Nov. 
 4th Mon. Jan., 1st Mon. May, 4th Mon. Sept. 
 4th Mon. Jan., 2d Mon. April, 1st Mon. Sept.. 
 
 3d Mon. Nov. 
 2d Mon. Feb. and Sept., 1st Mon. May and 3d 
 
 Mon. Nov. 
 1st Mon. Feb. and Sept., 4th Mon. April and 
 
 od Mon. Nov. 
 6th Mon. after 1st Mon. Feb. and Sept., 4th 
 
 Mon. April nnd 3d Mon. Nov. 
 1st Mon. Sept., 2d Mon. May and 3d Mon. Feb. 
 
 and Nov. 
 1st Mon. Jan. and June, 2d Mon. ]Mar. and 4th 
 
 Mon. Sept. 
 1st Mon. Feb. and Sept., 4th Mon. April and 
 
 3d Mon. Nov. 
 On Mons. succeeding the courts in Tipton 
 
 County (q. v.). 
 On Mons. succeeding the courts in Wells Coun- 
 ty (q v.). 
 3d Mon. .Jan., April and Aug. aftd 2d Mon. Nov. 
 3d Mon. Mar. and Oct., 1st Jan. and .lune. 
 On Mons. succeeding courts in the county of 
 
 Adams (q. v.) 
 1st Mon. Jan. and Aug., 8d Mon. Mar. and 20 
 
 Mon. Oct. 
 1st Mon. Mar. and Oct., 4th Mon. May and 3d 
 
 Mon. Dec. 
 1st Mon. Fel). and Sept., 4th Mon. April and 
 
 3d Mon. Nov. 
 1st Mon. Jan., Feb., Mar., ApVil, May, June, 
 
 Sopt , Oct. and Nov. 
 3d Jlon. after 1st Mon. Feb. and Sept., and 4th 
 
 Mon. April and Hd Mon. Nov. 
 1st Mon. Feb., 4th Mon. April, 1st Mon. Sept. 
 
 and .">d Mon. Nov. 
 1st Mon. Feb., 4th Mon. April, 1st Mon. Sept. 
 
 Ml Mon. Nov. 
 1st Mon. Fell, and Sept., 4th Mon. April and 
 
 3d Mon. Nov. 
 Ist Mon. Fel)., May and Oct. 
 5th Mon. after 1st INIon. Feb. and Sept., 4th 
 
 Mon. .\pril and 3d Jlon. Nov. 
 1st Mon. May and Dec, 2d Mon. Feb. and 4th 
 
 Mon. Aug. (Criminal) — 1st Mon. Jan. and 
 
 July. 
 4th Mon. after 1st Mon. Feb. and Sept., 4th 
 
 I\Ion. April and 3d Mon. Nov. 
 1st Mon. .Fan., 3d Mon. July, 1st Mon. succeed- 
 ing close Feb. and Sept. terms Daviess Co. 
 5th Mon. after 4th Mon. Feb. and April, 1st 
 
 Mon. Sept. and 3d Mon. Nov. 
 
 [In. 5.]
 
 INDIANA. 
 
 249 
 
 County. 
 
 Monroe . 
 
 Montgomery 
 Morgan 
 
 Jfewton 
 
 Noble . 
 ■Ohio . . 
 
 ■Orange . 
 
 Owen . 
 
 Parke . 
 
 Perry . 
 
 Pike . . . 
 Porter . . 
 
 Posey . . 
 
 Pulaski . 
 
 Putmau . 
 
 Randolph 
 Rirley . . 
 
 Hash . 
 
 seott . 
 Slielby 
 
 County Seat. 
 
 . Bloomington 
 
 Crawfordsvillc 
 Martinsville 
 
 Kentland 
 
 Albion .... 
 Rising Hun . 
 
 Paoli .... 
 , Spencer . . 
 
 Rockville . 
 , Cannelton . 
 
 Peter.><burg 
 . Valpai'aiso 
 
 Mt. Vernon 
 
 AVinamac . 
 
 Grecncastle 
 
 Winchester 
 Versailles . 
 
 Spencer . 
 
 .Starke . . 
 
 Steuben . 
 St. Joseph 
 
 Sullivan . . 
 
 Switzerland 
 
 Tippecanoe 
 
 Rnshville . . 
 Scottsburg . 
 . Slielbyville . 
 
 Rockport . . 
 
 Knox . . . . 
 
 Angola . . 
 South Rend 
 
 Sullivan 
 
 Vevay . . . 
 
 Lafayette . 
 
 Tipton 
 
 . . Tipton 
 
 I'nion .... Liliort.v . . 
 Vanderburgh Evansville 
 
 Vermillion . Newport . . 
 Vigo Terre Hautt 
 
 Wabash . 
 
 "Warren 
 Warrick . 
 Washington 
 Wayne . 
 
 Wells . . 
 AVhite . . 
 Whitley . 
 
 . Wabasli . . , 
 
 . Willianisport 
 . Boonville . . 
 . Salem .... 
 . Riclnnond 
 
 . P.lufftou . . . 
 . Montii-ello . 
 . Columbia City 
 
 Circuit. When held. 
 
 10 l.st Mon. Sept. and 11th, 22d and ;«d Mon. 
 alter 1st Mon. Sept. 
 
 22 Mondays succeeding terms of Parke County. 
 15 1st Mon. Feb. and Sept., 4th Mon. April and 
 
 8d Mon. Nov. 
 
 30 2d Mon. May and Dec, 4th Mon. Feb. and 
 Sept. 
 
 35 1st Mon. Mar., June and Dec. 
 
 7 8th Mon. after 1st Mon. Feb. and Sept., 4th 
 Mon. April and 8d Mon. Nov. 
 
 10 1st Mon. next after expiration ol time allowed 
 for court in Ijawrence County. 
 
 15 On Mons. succeeding terms ol court in Mor- 
 gan County. 
 
 47 1st Mon. Feb., 4th Mou. April, 1st Mon. Sept. 
 
 and ;id .Mon. Nov. 
 2 1st Mon. Feb., Ma.v, Nov., and Mon. following 
 expiration of June term in Spcm-er Co. 
 
 11 2d Mon. Mar., 4th Mon. May and ;!d Mon. Oct. 
 
 31 ]Mons. succeeding the terms of court in Lake 
 County. 
 
 1 Last Mon. Aug., 2d Mon. Nov., 4th Mun. Jan. 
 and 1st Mon. April. 
 
 44 4th Mon. Jan , 2d Mon. April, 1st Mon. Sept. 
 
 and 2d Mon. Nov. 
 13 2d Mon. Feb., 4th Mon. April, 1st Mon. Sept. 
 
 3d Mon. Nov. 
 25 1st Mon. June, Sept. and Nov. 
 6 1st Mon. Feb. and Sept., 4th Mon. April and 
 
 3d Mou. Nov. 
 
 8 Mons. succeeding terms in Decatur County. 
 (i 4th Mon. Mar., 3d Mon. June, Oct. and .laii. 
 
 Ifi 4th Mon. after 1st Mon. Feb. and Sept., 4th 
 Mon. April and 3d Mon. Nov. 
 
 2 1st Mon. Jan., April and Oct. and 3d Mon. 
 .lune. 
 
 44 1st Jlon. Jan., 2d Mon. Mar., 3d Mon. May and 
 
 2d Mon. Oct. 
 35 1st Mon. Jan., April and Sept. 
 
 32 5th Mon. after 1st Mon. Feb. and Sept., 4tli 
 Mou. April and 3d Mon. Nov. 
 
 1 1 On Mons. succeeding terms of court in Greene 
 County (q. V.) 
 5 i>d Mon. Sept. and Dec., 2d Mon. Feb. and 1st 
 Mon. JIaV. 
 
 23 1st Mon. Feb. and Sept., 4th Mon April. .3d 
 Mon. Nov. (Superior Court)— 1st Mou. Feb. 
 and Sept. 4th Mon. April and 3d Mon Nov. 
 
 aft 1st Mon. Feb.. 4tli Mou. April, 1st Mon. Sept. 
 
 and 3d Mon. Nov. 
 37 Mons. succeeding terms of Fayette Co. (q. v.) 
 
 1 Mons. succeeding terms of court in Posey Co. 
 (Criminal) — 1st Mou. June and Dec. 
 
 ■17 On Mons. succeeding Courts in County of 
 
 Parke. 
 43 1st Mon. Sept., 4th ISfon. Nov., 2d Mon. Feb., 
 
 1st Mon. JNlay, (Criminal) — 1st Mon. April 
 
 and Oct. 
 
 27 4th Mon. Feb., April, 1st Mon. Sept., 3d Mon. 
 Nov. 
 
 21 On Mons. succeeding courts in Fountain Co. 
 
 2 1st Mon. Mar., June, Sept. and Dec. 
 42 4th Mon. Feb., May and Sept.. .3d Mon. Dec. 
 17 1st Mon. Feb., Sept., 4th Mon. April, 3d Mon. 
 
 Nov. 
 
 28 4th Mon. Feb., 2d Mon. May, 3d Mon. Sept., 
 2(1 Mon. Dec. 
 
 3!) 1st Mon. Sept., 4th Mon. Nov., April, 2d :Mon. 
 
 Feb. 
 3S 1st Mon. Feb., Sept., 4th Mon. April, ;!d Mon. 
 
 Nov. 
 
 Curtesy. — AhaUtihed. — Widower takes oiio-thinl wife's real estate iu fee. 
 
 Decedents' Estates, etc. — Letters of administration shall l)e jrranted iu 
 their ordiT : 1. To the husl)aud or wife; 2. To the next of km ; 3. To the 
 [In. C]
 
 250 INDIANA. 
 
 largest creditor residing in the state ; and 4. If no person thus entitled shall 
 apply within thirty days after death of intestate, the clerk of the court shall 
 appoint a competent inhabitant of the county. 
 
 After inventory and appraisement of decedent's personal estate, the 
 •widow may select and take articles to the value of $500, or that amount in. 
 cash, and receipt to the executor or administrator for the same. 
 
 If the entire estate of the decedent does not exceed in value $500, the 
 widow, on i^etition filed, may take the same, discharged of all debts of de- 
 cedent, except mortgages of realty and expenses of funeral and last sickness.. 
 
 Claims against estates of decedents are classed as follows : 1. Expenses 
 of administration ; 2. Expenses of last sickness and funeral; 8. Judgments 
 which are liens upon the decedent's real estate, and mortgages of real and 
 personal property existing in his lifetime ; 4. General debts ; 5. To legatees ; 
 6. To distributees. There shall be no preference as to claims of the same 
 class. 
 
 The surviving partner or partners have the right to settle and close up the 
 partnership affairs. Such surviving partner or partners shall give bonds, ^ 
 and, within sixty days after such death, shall file a complete inventory of all 
 the partnership assets and liabilities. 
 
 Form of Affidavit to Claim vs. Estates of Deceased Persons. 
 State of Indiana, } 
 County op . S ' 
 
 Before the clerk of the circuit court of said county and state came ». 
 
 who, being by me duly sworn, says that the annexed , in favor of , 
 
 against the estate of , deceased, is correct ; that no payments have been 
 
 made thereon, except the credits thereon given ; that there are no set-oifs 
 
 against the same, to his knowledge ; that the balance shown in said , to 
 
 wit, dollars, after deducting all credits to which said estate is entitled, is 
 
 now justly due and owing to , all of which he verily believes. 
 
 (Signature.) 
 
 Subscribed and sworn to before me, on the day of , 18 — . 
 
 , Clerk. 
 
 Deeds. — All conveyances of lands, or any interest therein, except leases for 
 three years or less, must be by deed, in writing, subscribed and acknowl- 
 edged by the grantor or his attorney in fact. The form of general warranty 
 deed is given, and the substitution of trust claim for warrant will change the 
 form to quit claim deed. Deeds, mortgages, &c., must be rendered within 
 forty-five days, but if rendered afterwards are effective after such record. 
 
 Form of Warranty Deed. 
 
 TJiis Indenture inifnesseth. That , <>f county, in the state of In- 
 diana, convey and warrant to , of county, in the state of Indiana, 
 
 for the sum of dollars, the following real estate, in county, in the 
 
 state of Indiana, to wit : (Here insert description.) 
 
 In testimony whereof, the said , ha — • hereunto set hand and seal — ,, 
 
 this day of , 18 — . 
 
 (Sif/naiure) [sKAii.] (Signature.) [seat,.] 
 
 (Signature) [seal.] (Signature.) [seal.] 
 
 Form of Acknowledgment. 
 State of Indiana, } 
 County ok . ^ ' ' 
 
 Before me, (name), a (official capacity), in and for said county, this 
 
 day of , 18 — , personally appeared the within named , and acknowl- 
 edged the execution of the annexed deed. 
 
 Witness my hand and seal. (Signature.) 
 
 [In. 7.1
 
 INDIANA. 251 
 
 Depositions. — Maybe taken before any judge, justice of the peaee. notary- 
 public, mayor, or recorder of the city, clerk of a court of record, or commis- 
 sioner appointed for the jjurpose. The officer taking the dejiosition can not 
 decide legal questions. Objections may be raised either at the time of tak- 
 ing the deposition, and noted by the officer, or in court at the time of trial. 
 
 "No commission is required to take within United States. Outside of 
 United States can only be taken on commission issued i)ursuant to order of 
 court. (See following forms and instruments for taking depositions.) 
 
 Form of Dej)o»ition8. 
 ... ' ? 
 
 s 
 
 In the (koum op notici-;.) 
 
 The hereby notified that on the day of , 18 — , between the- 
 
 hours of o'clock A. M. and o'clock p. m., before or some other 
 
 person authorized to take dei)ositions, at , in the of , county of 
 
 , and state of , the will proceed to take depositions t)f , 
 
 [setting out names of witnesses], to be read in evidence on the trial of the 
 above entitled cause, and will continue taking the same from day to day,, 
 thereafter, between the same hours, until the whole be taken. 
 
 Dated ,18 — . , Attorney for . 
 
 We acknowledge service of foregoing notice, the day of , 18 — 
 
 , Attorney for . 
 
 Form for Instructions for taking Depositions. 
 
 Depositions of , witncs[es] in a certain action now pending in the 
 
 court of of the state of Indiana, wherein is plaintiff, and 
 
 is defendant, taken before me, pursuant to the aimexed notice and commis- 
 sion, at the time and place in my certificate hereinafter named, to be used as 
 
 evidence on the part of , in said action. The said , t)f lawful age, 
 
 being first duly sworn, deposeth as follows : 
 
 Question by . (Insert <iuestions and answers, and add the foUowin"- 
 
 certificate :) 
 
 Form of Certificate. 
 
 State of Indiana, } 
 County of . ^ '** " 
 
 I. . in and for said county, do hereby certify that , the above 
 
 named deponent[s], was [were] by me first sworn to tell the truth, the whole 
 
 truth, and ncjthing but the trutii, in the case now pending in the of the 
 
 state of Indiana, wherein • is plaintilF, and is defendant ; tliat the 
 
 foregoing deposition[s] was [were] all written by me, [or by , a disinter- 
 ested person, in my presence and under my direction,] and that the said depo- 
 nent [or deponents severally] subscribed his [or their respective] deposition[s] 
 after the same had been carefully read over to him [or them] by me; that 
 the , [adverse party] was [or was not] present [either] in i)ersi)n [or by 
 attorney] at the taking of said deposition[s] , that all said deposition[sj was 
 [or were] taken at , in the of , county of , and state oi 
 
 , on the day[s]of , 18 — , between the hours of o'clock a. 
 
 M. and o'clock p. M., of said day [or days], agreeably iu all respects to^ 
 
 the annexed notice [and commission]. 
 • [In. 8.]
 
 252 INDIANA. 
 
 Ill ir.i,tncss wliereof, I hereunto subscribe luy name and affix my [official] 
 jseal, this day of , A. D., eighteen hundred and 
 
 [l. s.] {Signature.) 
 
 Instructions. 
 
 Leading questions should not be asked. Examine the instructions below. 
 
 Exhibits should be attached, by wafer or otherwise, to the question or an- 
 .swer, or some other part of the deposition. The notice (and commission), if 
 any, should be attached to the deposition. Each witness must sign his 
 deposition. 
 
 A commission is not necessary, if the deposition is to be taken in this state. 
 If the commission contains the name of the officer, his official certificate will 
 be sufficient ; but if it do not, and the officer have no official seal, the certiti- 
 ■cate and seal of a clerk of a court of record of the county will be necessary. 
 Depositions may be taken before any judge, justice of the peace, notary pub- 
 lic, mayor or recorder of a city, clerk of a covirt of record, or commissioner 
 either within or without this state. The officer must seal up the deposition, 
 and direct the same to the clerk of the court in which the action is pending, 
 indorsing on the envelope the names of the parties and of the witnesses, 
 whose depositions are inclosed. The officer should tax the cost, and state 
 which party pays them. 
 
 Divorce. — May be granted by circuit and superior courts when plaintiff 
 ,has been a bona fide resident of state for two years, which residence must be 
 sworn to in the declaration and proved in the trial by two resident freehold- 
 ^^-rs. The causes are adultery, impotency existing at marriage, abandonment 
 for two years, civil and inhuman treatment, habitual drunkenness, failure of 
 luisband toi^rovide for his family for two years, conviction, subsequent to the 
 marriage of either party of infamous crime. Case stands for trial at first 
 term after summons have been served, ten days on publication, (three weeks 
 ^successively) thirty days. Facts must be proved in default just as if defence 
 made. 
 
 Dower. — Abolished by statute. Widow takes one-third real estate in fee 
 .simple as general rule — same exceptions. 
 
 Examination of Party to Suit, etc. — Either party to a suit may, upon 
 iive days' notice, compel the opi^osite party to attend before any officer au- 
 thorized to take dejjositions, and be examined as to all matters in controversy 
 in suit, which examination shall be reduced to writing and may be used in 
 evidence. 
 
 Evidence. — Parties interested and parties to suits are competent, except 
 in certain suits in which the actions of deceased jjersons are involved, the in- 
 terested parties are usually excluded, except that the opposite party in the 
 ■fourt may re(iu\re the excluded person to testify. 
 
 Executions. — Are liens from time placed in officer's hands on personal 
 pr()])erty with jurisdiction of court. Are valid for six months. May issue 
 iVoin circuit or superior courts at any time, after judgment, within ten years. 
 
 Exemption. — Upon filing the necessary affidavit and schedule, any 7'esident 
 JiiiiinekoUkr may excmjjt property to be selected by him to the amtmnt of 
 ^(>00 as against claims founded on contract made since May ?>\, 187!), and to 
 the amount of .*>!300 on claims contracted before that date. No exemption as 
 Against judgments founded on tort. Married women, whether householders 
 or not, may, if resident of the state, claim $000 exem])t in like manner as 
 .householder. To all employees one month's wages are exempt. 
 
 lln. 9.]
 
 INDIANA. L'5S 
 
 Executors. — {See Decedents' Estate.) 
 
 False Pretenses. — Obtaining money under false pretenses is a felony. 
 
 Frauds, Statute of. — Contracts for sale of personal i)roperty of value of 
 $50 and over must be in writing;-, unless part payment on delivery accompany 
 sale. Promises to pay debt of another, etc., must be in writin<jj. Convey- 
 ances with intent to defraud creditors are void. 
 
 Garnishment. — If, at time an order of attachment issues, or before or 
 afterward, tlie plaintift'or other person in his behalf, shall tile an affidavit 
 that he has ••ood I'eason to believe that any person (naming him) has property 
 of defendant, of any description, in his possession or under his control which 
 the officer can not attach, or that such person is indebted to defendant, a writ 
 of garnishment shall issue against such person, and he shall be accountable 
 to the plaintiff for the amount of money, jiroperty or credits so under his 
 control, or due the defendant from him, from the time of service of summon.s 
 in garnishment. But all employees are entitled to one month's wages free 
 from garnishment. (See Attachment.) 
 
 Grace.— Three days allowed on notes payable in bank and not on ordinary- 
 notes. 
 
 Homestead.— None allowed, only exemptions, which see. 
 
 Insolvent Laws. — {Sec Assi(jnnu'nt.)~\\)\\iuim-y. No others. 
 
 Interest.— May be charged at six per cent, on money due and payment 
 withheld or delayed on acct)unts stated, oi- when statement presented and 
 5iayment demanded. Eight per cent, may be chai-gerl on written aoreement, 
 and may be taken in advance. Where no rate specified, it is six percent! 
 All judgments bear six per cent. Usury forfeits excess above six per cent. 
 
 Justices of the Peace. — Have jurisdiction in civil actions, attachments, 
 replevin, etc., to $^00, and upon confession of judgment to $300. 
 
 Judgment Lien.— Holds for ten years after the rendition of judgment or 
 ihe last execution, upon real estate in county where rendered; so too or 
 transcript of judgment of justice of the ])eace, where transcript is filed' in 
 clerk's office in any county in state. Judgment may be revived within twenty 
 years after rendition. Execution lien on real and personal property in county 
 fi'om time of issuing. 
 
 Landlord and Tenant.— Landlords have liens on crops for rent. Can 
 prevent removal of only one-half croj). No others have liens. No distress- 
 proceedings allowed. Rent like other debts, except as to crops. 
 
 Leases. — ( See Deeds. ) 
 
 Liens. — Mechanics, workmen, etc., have Liens for material and work done 
 on buildings, etc. Miners have liens for wages. Railroad employees are 
 given liens. Certain limitations apply to all these liens. Mechanics etc. 
 must file notice in recorder's office witiiin sixty days and bring suit withiii 
 one year. With the costs of suit are taxed attorney's fee for 2>laintift' in 
 suits to enforce lien. 
 
 Limitations.— Actions must be brought within six years after the cause 
 has accrued on accounts, and contracts not in writing, for use, rents and 
 profit of real property, for injury to property, damages for any detention 
 [In. 10.]
 
 -254 .INDIANA. 
 
 thereof, and rccoveriny pussessidiKtf personal property, and f(jr relief against 
 frauds. Actions for injuries to pei'sou or character, and for a penalty given 
 by statutes, must be commenced within two years ; against a public officer, 
 within five years, but against the officer, or his rejjresentative, for mioney 
 collected and not turned over, any time witliin six years. For the recovery 
 of real property, sold on execution debt, or his heirs, or any person claiming 
 under him, l)y title acquired after date of judgment, within ten years after 
 the same. Upon promissory notes, bills of exchange, and other written con- 
 tracts, for the payment of money, hereafter executed, within ten years. Pro- 
 vided, that all such contracts as have been heretofore executed may be en- 
 forced under this act, within such time only as they have to run before being 
 barred under the existing law limiting the commencement of actions, and 
 not afterward. Upon contracts in writing other than those tor th(( i)ayment 
 of money on judgment of courts of record, and for the recovery t)f the pos- 
 .session of real estate within twenty years. 
 
 Married Women, Rights of. — All property she owns at time of marriage 
 or aecpiires during coverture, remains her own separate property, and cannot 
 be sold for husband's debts. May sell her separate personal property same 
 as if she were sole. May carry on business on her sole account, and have 
 l)rotits of such business ; husband shall not be liable for debts on account of 
 such business. May make contract in reference to her personal and the man- 
 agement of her real property, and her separate estate shall be liable therefor 
 •on judicial jirocess. Husband must join in conveyance of her lands. She is 
 bound by her covenants of title in conveyance of her real estate. May not 
 incumber her sei)ai'ate property, acciuired by descent, devise or gift, as se- 
 curity for any one. Is b(mnd by her contracts except as surety, but can not 
 make any executory ccmtract concerning her separate real estate, nor convey 
 <u- incumber it without her husband jcuning with her, or, where he has aban- 
 doned her, by permission of court. She may charge her husband's real 
 ■estate or personal property iov support, where he has abandoned her, by de- 
 "t-.ree of court. 
 
 Mechanics' Liens. — {See LlenK.) 
 
 Minors. — ^Persons under 'Z\ years of age are minors. Infant married 
 women may join with husband in deeds of liis jiroperty, but not her own. 
 
 Mortgages of Real Estate. — ^lust be foreclosed by civil action and prop- 
 
 •erty sold liy sheriff. — {See Deedn.) 
 
 Mortgages. — Must be recorded in county where land is situated within 
 forty-tive days in order to preserve ])riority. Chattel mortgages must be re- 
 •irorded in county when^ mortgagor resides within ten days after execution to 
 be good as to third parties. 
 
 Notes and Bills.--(''^^'<' />//;.•< ,>/ Kvchange.) 
 Oaths and AfB.davits.— ('*^<''^ Affidacitn.) 
 
 Partnerships,— Governed by general law. Partners have no exemption 
 out of ])artnersliip debts out oi' partnership jiroperty. 
 
 Practice. — In civil cases only civil action. Declaration filed in clerk's 
 office. Summons sei-ved ten days before first day of term, case stands for 
 trial. Plaintiff may sue after lien begins, indorsing on back of his pleading, 
 <lay for trial and summons issues foi' defendant to appoint that day, nf>t leas 
 than ten, and if summons served ten days before such day. case stands for 
 trial. Code i)ractice. 
 
 [IikI. II.!
 
 INDIANA. ijo 
 
 Proof of Claims. — I'Iil- full name of fucli of tlie f'.aiiuants should bo si-iit 
 ■with the claim. An itemized bill of piirticiilai's, the correetue!ss of whieh 
 is sworn to by the claimant, or some one in his behalf, is sufficient proof in 
 <;ase of default by the defendant, but not otherwise. The proof of claims 
 ai;ainst an estate should contain the statement that the proper amount is due 
 claimant ''after deducting all credits to which said estate is entitled "* ; and 
 proof of claims against assignees should say that, "no j>art of said claim is 
 for usurious interest." — (See forms under AiImi/iixtrn(lo>i and Affidavits.) 
 
 Recording. — (See Deeds. Chattel Mortgages, etc.) 
 
 Redemption. — Real estate sold on foreclosure, ordinary judgments or other 
 decrees, may be retleemed by defendant, or other j)erson interested, at any 
 time within one year on^ paying purchase money with eight per cent, interest 
 thereon to clerk of court or to purchaser, his heirs, etc. No redemption of 
 personal property. 
 
 Replevin.— Owner may T)ring i-eplevin against any one wrongfully in pos- 
 session of his property. May obtain immediate possession on filing proper 
 affidavit and bond, unless defendant give i>roper bond within twenty-four 
 liours. Ju.stices have jurisdiction if property is worth $200. or less. 
 
 Revision. — Under present constitvition was of 1852. Gowen & llord, 18G2; 
 Davis, 187<), and R. S. 1881. 
 
 Seals. — Not I'eiiuired under our present law 
 
 Security for Costs. — (See CoHta, Semn'ti/fur.) 
 
 Stay of Execution.— May be had by giving one or more sufficient freehold 
 sureties ; in higher ctmrts, on judgments not exceeding $0, thirty days ; over 
 $t) and not exceeding $12, sixty days ; over $12 and not exceeding $20, ninety 
 days; over $20 and not exceeding $40, 120 days ; over $40 and not exceed- 
 ing $100, 150 days ; over $100, 180 days. In justices' courts, if over $40 
 and under $75, 150 days ; over $75, 180 days ; smaller annmnts same as 
 higher courts. 
 
 Supplementary Proceedings — Are allowed after execution issued upon 
 affidavit. Defendant is brought into court and he and others may be ex- 
 amined, and if any property is discovered he may be compelled to surrender 
 it, to be applied on debt, etc. 
 
 Taxes. — All property, both real and personal, is levied for taxes and lien 
 attaches on first day of April of each year. Taxes may be paid <me-half 
 before third Monday in April and other half before first Monday in Novem- 
 ber. Real property sold for taxes may be redeemed within two years. Tax 
 titles usually held invalid, and in such case purchaser has lieu for money with 
 20 per cent, interest per annum. 
 
 Trust Deeds.— Not used in this state, as a rule. 
 
 Usury.— Taking forfeits, excess over legal interest.— (.V<r Interest.') 
 
 Wages. — Miners, mechanics, clerks, etc., in certain cases, have liens for. 
 
 Wills. — Must be made in writing, attested by two witnesses. Any i)erson 
 over 21 years, of sound mind, may make a will. 
 [In. 1? 1
 
 256 INDIANA. 
 
 Form of OpciuiKj and Cloaiiuj a Will. 
 
 In the name of the benevolent Father of all, I, r, of (state place of ro 
 
 sidence), do make and publish this my last will and testament. 
 
 Item 1. — I <rive and devise and bequeath, etc. 
 
 In testimony whereof, I have hereunto set my hand and seal this da>- 
 
 of , 18 — . {Sigtiatnre.) 
 
 AVITNESSES ATTEST. 
 
 Signed and acknowledfted by said as his last will and testament in 
 
 our i)resence, and signed by us in Ids presence, and in the presence of each 
 other. (Sif/natnre.) 
 
 [Two witnesses are necessary.] {Siij nature.) 
 
 Witnesses. — Cannot be compelled to attend in adjoining (bounties unless 
 fees paid in advance. May be subpcened to appear in state. — {See Evidence.)- 
 
 [ln.l3.]
 
 INDIANA. 
 
 267 
 
 ATTORNEYS IN INDIANA. 
 
 Bold Face Type denotes county seats. A dash (— ) less than 100 population. 
 PMgurcs after names, when admitted to tlie Bar. A star (*) Notaries Public. 
 A double dagger (J) our Compiler of Laws. 
 A dagger (t) former recommendation withdrawn. 
 
 NAMES OF ATTORNEYS. POPULA'N 
 
 PLACE. 
 
 COUNTY. 
 
 Albion 
 
 Noble 
 
 Anderson 
 
 Madison 
 
 Angola 
 
 Steuben 
 
 Attica 
 
 Fountain 
 
 Auburn 
 
 De Kalb 
 
 Aurora 
 
 Dearborn 
 
 Bedford 
 
 Lawrence 
 
 Bloomfield 
 
 Greene 
 
 Bloomington 
 
 Monroe 
 
 Bluffton 
 
 Wells 
 
 Boonville 
 
 Warrick 
 
 Bourbon 
 
 Marshall 
 
 Brazil 
 
 Clay 
 
 Bremen 
 
 Marshall 
 
 Brookville 
 
 Franklin 
 
 Brownstown 
 
 Jackson 
 
 Butler 
 
 De Kalb 
 
 Cambridge City 
 
 Wayne 
 
 Cannelton 
 
 Perry 
 
 Charlestown 
 
 Clark 
 
 Cicero 
 
 Hamilton 
 
 Clay City 
 
 Clay 
 
 Columbia City 
 
 Whitley 
 
 Columbus 
 
 liartholomew 
 
 Connersville 
 
 Fayette 
 
 Corydon 
 
 Harrison 
 
 Covington 
 
 Fountain 
 
 Crawfordsville 
 
 Montgomery 
 
 Crown Point 
 
 Lake 
 
 Danville 
 
 Hendricks 
 
 Decatur 
 
 Adams 
 
 Delphi 
 
 Carroll 
 
 Dublin 
 
 Wayne 
 
 Edinburgh 
 
 Johnson 
 
 Elkhart 
 
 Elkhart 
 
 Elwood 
 
 Madison 
 
 Evansville 
 
 Vanderburgli 
 
 Fort Wayne 
 
 Allou 
 
 S. E. Alvord. 
 
 HOWELL D. THOMPSON 
 f f John K. Morroxo. 
 \ Woodhull & Brown. 
 
 C. R. Milford. 
 
 JAMES E. ROSE, 04. 
 
 W. S. Holraan. 
 
 Simpson Lowe. 
 
 Mottett & Davis 
 
 John H. Lowden. 
 
 Daily, Mock & Simons. 
 
 Handy, Armstrong «fc Cockrum. 2,000 
 
 Parks & Parks. 
 ^ W. P. BLAHi. '73. 
 <! W. B. Schwartz. 
 
 Chas. H. GoUetz. 
 
 Samuel S. Harrell. 
 
 Api)lewhite & Applewhite. 
 
 E. W. Fosdick. 
 W. F. Medsker. 
 CHAS. H. MASON. 
 W. Watson. 
 
 S t L. 0. Clifford. 
 \ Wm. Neal. 
 
 F. A. Horner. 
 
 J. D. WURTSBAUGH, '80. 
 Stansitbr & Baker, 
 Clavpool & Son 
 
 G. W. Self. 
 Schwin & Bove. 
 John H. Burford, 
 W. C. McMahan. 
 T. S. Adams. 
 France & Merriman. 
 Odcll & Ryan. 
 Jasjicr Holland. 
 James H. Dorsey. 
 J. M. Vanfleet. 
 Ballard & Greenlee. 
 
 ^ X Hon. Charles L. Wedding, 
 
 '( :521 Upper M St 
 
 Sec Card in Appendix, page ix. 
 
 <« Charles M. Dawson, '76. 
 '( N. C. MILLER, '55. 
 
 926 
 4,126 
 
 1,280 
 
 2,150 
 i,54;j 
 4,434 
 2,198 
 1,200 
 3,400 
 2,851 
 
 1,200 
 
 3,441 
 
 1,028 
 2,000 
 1,000 
 1,800 
 2,320 
 1,834 
 1,108 
 
 1,000 
 
 1,000 
 2,244 
 6,000 
 5,000 
 1,000 
 1,920 
 5,251 
 1,709 
 1,598 
 3,500 
 2,127 
 1,079 
 1,815 
 10,000 
 1,500 
 
 29,280 
 
 23,880
 
 258 
 
 INDIANA. 
 
 NAMES OP ATTORNEYS. POPULA'N. 
 
 
 
 C BllOWN & BROWN. 
 
 
 Towler 
 
 Benton 
 
 < Geo. Wadsworth, '77. 
 ( U. F. WILEY, '74. 
 r JOHN Q. BAYLESS. 
 
 969 
 
 Frankfort 
 
 Clinton 
 
 ■! E. M. Page. 
 
 Lt^. TT'": Merritt. 
 
 2,803 
 
 Franklin 
 
 Johnson 
 
 Oyler & Johnson. 
 
 4,000 
 
 Garrett 
 
 De Kalb 
 
 L. Covell. 
 
 1,000 
 
 Goshen 
 
 Elkliait 
 
 S Wilson (H. D.) & Davis 
 
 t (W. J.) 
 
 4,153 
 
 Greencastle 
 
 Putnam 
 
 Grooms & McGlary. 
 
 5,500 
 
 Greenfield 
 
 Ilaniock 
 
 ADAMS L. OGG. 
 
 3,013 
 
 Greensburgh 
 
 Decatur 
 
 Miller & Gavin. 
 
 3,138 
 
 Greeutowii 
 
 Howard 
 
 ]\r. H. Lindley. 
 
 236 
 
 Ha^-erstown 
 
 Wayne 
 
 B. E. Mason. 
 
 1,000 
 
 Hartford City 
 
 lUac'kCord 
 
 B. G. Shinn.* 
 
 1,471 
 
 Huntington 
 
 Huntington 
 
 JAS. M. HILTEBRAND, '78. 
 
 3,863 
 
 Independence 
 
 Warren 
 
 Arthur E. Yount, '80. 
 
 205 
 
 Indianapolis. Maeion 
 
 County. Population, 75,054. 
 
 
 McMaster & Boice, 18 J- N. INIeridian St. Ref., Indiana Na- 
 tional Bank, Indianapolis. 
 
 McMaster, John L. 
 
 Boice, Augustin. 
 Morris & Newberger, Fletcher & Sharpe's Bank Building. 
 
 JMorris, Nathan. 
 
 Newberger, Louis. 
 
 Jamestown 
 
 Boone 
 
 Jasper 
 
 Dubois 
 
 Jeffersonville 
 
 Clark 
 
 Kendallville 
 
 Noble 
 
 Kentland 
 
 Neuton 
 
 Knightstown 
 
 Henry 
 
 Knox 
 
 Starke 
 
 Kokomo 
 
 Howard 
 
 Ladoga 
 
 Montgomery 
 
 La Fayette 
 
 Tippecanoe 
 
 Lagrange 
 
 Lagrange 
 
 La Porte 
 
 LaPorte 
 
 Lawrenceburgh 
 
 Dearborne 
 
 Leavenworth 
 
 C'rawford 
 
 Lebanon 
 
 Boone 
 
 Liberty 
 
 Union 
 
 Ligoneir 
 
 Noble 
 
 Logansport 
 
 Cass 
 
 Madison 
 
 .Tefterson 
 
 Marion 
 
 Grant 
 
 Martinsville 
 
 Morgan 
 
 Michigan City 
 
 La Porte 
 
 Mishawaka 
 
 St. Joseph 
 
 Monticello 
 
 White 
 
 ^looresville 
 
 Morgan 
 
 Mt. Vernon 
 
 Posey 
 
 Muncie 
 
 Delaware 
 
 W. J. Darnell. 
 
 1,000 
 
 Taylor & Hunter. 
 
 2,000 
 
 S. S. Johnson. 
 
 9,359 
 
 R. P. Barr. 
 
 2,373 
 
 JOHN II. ASH, "55. 
 
 982 
 
 C. D. Morgan. 
 
 2,500 
 
 George W. Beeman, 
 
 800 
 
 D. A. WOODS. 
 
 4,500 
 
 .Tames F. Harney. 
 
 1,300 
 
 George B. Chamberlain. 
 
 14,862 
 
 See Card in Appendix, page xxix 
 
 
 J. M. KENNEDYS 
 
 1,367 
 
 Frank E. Osbom, '80. 
 
 6,195 
 
 Roberts »fc Stapp. 
 
 4,650 
 
 J. L. Suddarth. 
 
 1,000 
 
 Harrison &; Higgins. 
 
 3,500 
 
 J. W. Connaway. 
 
 2,000 
 
 Geo. W. Best. 
 
 2,010 
 
 JOHN G. MECK. 
 
 
 ■John C. McGregor. 
 ■ ■ Frank Stcigart. 
 
 14,000 
 
 
 J. Y. ALLISON, '46. 
 
 8,945 
 
 JOHN T. STRANGE. 
 
 182 
 
 W. S. Shirley. 
 
 1,943 
 
 Thonton & Orr. 
 
 7,358 
 
 John Dixon. 
 
 2,640 
 
 Guthrie & Bushnell. 
 
 1,193 
 
 James M. Bishop. 
 
 1,000 
 
 L. M. Wade. 
 
 8,738 
 
 J. T. Walterhouse. 
 
 5,219
 
 
 INDIANA. 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. P( 
 
 Nashville 
 
 Brown 
 
 NELSON H. FRANKLIN, 
 
 New Albany 
 
 Floyd 
 
 LaFollett & Tulev. 
 
 NowljUFi;!) 
 
 Warriek 
 
 W. T. Lewis. 
 
 New Castle 
 
 Henry 
 
 D. W. Kinsey, 
 
 New Harmuiiy 
 
 Posey 
 
 E. D. Owen. 
 
 Newport 
 
 Vermillion 
 
 Conley >fc Sawyers. 
 
 Noblesville 
 
 Hamilton 
 
 Kane & Davis. 
 
 North Manchester 
 
 Wabash 
 
 B, F. Clemans. 
 
 North Vernon 
 
 Jennings 
 
 J. Overmver. 
 
 Paoli 
 
 Orange 
 
 Wm. J. Throop. 
 
 Peru 
 
 3[iami 
 
 Brown & Antrim. 
 
 Petersburg!! 
 
 Pike 
 
 J. W. Wilson. 
 
 Pierceton 
 
 Kosciusko 
 
 John F. Logan. 
 
 Plainfiekl 
 
 Hendricks 
 
 W. H. Edmands. 
 
 Pljmiouth 
 
 ]Vlarshall 
 
 CORBIN & CORBIN. 
 
 Portland 
 
 Jay 
 
 t L. I. Baker. 
 
 Princeton 
 
 Gibson 
 
 LAND & GAMBLE. 
 
 Renssellaer 
 
 Jasper 
 
 HAMMOND & AUSTIN. 
 
 Richmond 
 
 Wayne 
 
 Chas. C. Binckley. 
 
 Rising Sun 
 
 Ohio 
 
 D. S. Wilber. 
 
 Rochester 
 
 Fulton 
 
 MILO R. SMITH, 'GO. 
 
 Rockport 
 
 Spencer 
 
 Thos. E. Snyder. 
 
 RockviUe 
 
 Parke 
 
 Henry Daniels. 
 
 Rushville 
 
 Pvush 
 
 F. J. Hall. 
 
 Salem 
 
 Washington 
 
 F. L. Prow. 
 
 Scottsburgh 
 
 Scott 
 
 Mark Storen. 
 
 Seymour 
 
 Jaekson 
 
 Daniel H. Long, '75. 
 
 Shelbyville 
 
 Shelby 
 
 Adams & Michener. 
 
 Sheridan 
 
 Hamilton 
 
 David Patty. 
 
 Shoals 
 
 Martin 
 
 James H. Brennan, '80. 
 
 South Bend 
 
 St. Joseph 
 
 John A. Hibberd. 
 
 Spencer 
 
 Owen 
 
 James W. Archer. 
 
 Sullivan 
 
 Sullivan 
 
 John C. Chaney. 
 
 Thayer 
 
 Newton 
 
 JOHN D. LINK. 
 
 Tell City 
 
 Perry 
 
 J. T. Patrick. 
 
 Terre Haute 
 
 Vigo 
 
 R. H. CATLIN. 
 
 Thorntowu 
 
 Boone 
 
 Samuel M. Bark. 
 
 Tipton 
 
 Tipton 
 
 J. W. Robinson. 
 
 Union City 
 
 Randolph 
 
 Bell & Ross. 
 
 Valparaiso 
 
 Porter 
 
 A. D. Bartholomew. 
 
 Vevay 
 
 Switzerland 
 
 T. LIVINGS. 
 
 Vincennes 
 
 Knox 
 
 W. 0. Johnson. 
 
 "Wabash 
 
 ■ Wabash 
 
 NELSON G. HUNTER. 
 
 Warsaw 
 
 Kosciusko 
 
 f Gats/tall & Weaver. 
 
 Washington 
 
 Daviess 
 
 J. W. Burton. 
 
 Waterloo 
 
 De Kalb 
 
 W. H. Lease. 
 
 Williamsport 
 
 Warren 
 
 John G. Pearson. 
 
 Winamac 
 
 Pulaski 
 
 Spangler & Steis. 
 
 Winchester 
 
 Randolph 
 
 Thompson & March. 
 
 'Worthintjton 
 
 Green 
 
 H, C, Shaw. 
 
 259 
 popula'n. 
 
 76. 400 
 
 10,4^2 
 
 1,283 
 
 2 229 
 
 1,'200 
 
 600 
 2,221 
 1,589 
 2,500 
 
 800 
 5,285 
 1,500 
 1,100 
 1,000 
 2,571 
 2,500 
 2,569 
 
 912 
 14,74:5 
 1,806 
 1,869 
 2,500 
 1,684 
 2,511 
 1,650 
 
 700 
 5,000 
 3,745 
 
 600 
 
 900 
 
 13,297 
 
 1,665 
 
 2,166 
 
 2,500 
 26,040 
 1,550 
 1,550 
 6,000 
 4,461 
 2,000 
 15,000 
 3,080 
 3,123 
 6,000 
 1,376 
 1.350 
 1,500 
 2,500 
 1,800
 
 260 
 
 INDIANA. 
 
 BANKS IN INDIANA, 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital of one 
 bank in each county of this state in which such a banking institution is located. 
 
 
 
 
 PAID UP 
 
 PLACE. 
 
 NAME OF BANK. 
 
 CASHIER. 
 
 CAPITAL. 
 
 Albion 
 
 Bank of Albion 
 
 Flora B. Clapp. 
 
 10,000 
 
 Anderson 
 
 Citizens' Bank 
 
 (N. C. McCullough&Co) 50,000. 
 
 Angola 
 
 Kinney & Co 
 
 John J, Kinney 
 
 100,000 
 
 Auburn 
 
 First National Bank 
 
 W. H. Mclntyre. 
 
 50,000 
 
 Bedford 
 
 Bedford Bank 
 
 W. P. Malott. 
 
 100, 000' 
 
 Bloomfield 
 
 Bloomfield Bank 
 
 O. W. Shryer. 
 
 35,000 
 
 Bloomington 
 
 First National Bank 
 
 Walter E. Woodburn. 
 
 120,000 
 
 Boonville 
 
 Boonville National Bank 
 
 E. W. Bethell. 
 
 50,000 
 
 Brazil 
 
 Brazil Bank 
 
 (Chas. S. Andrews.) 
 
 50,000 
 
 Columbus 
 
 First National Bank 
 
 L. K. Ong. 
 
 100,000 
 
 Connersville 
 
 (( (( a 
 
 Charles Mount. 
 
 100,000 
 
 Corydon 
 
 Applegate & Slemmons 
 
 W. B. Slemmons. 
 
 53,500 
 
 Covington 
 
 Citizens' Bank 
 
 Geo. K. McComas. 
 
 25,000 
 
 Crawfordsville 
 
 First National Bank 
 
 S. W. Austin. 
 
 100,000 
 
 Crown Point 
 
 (( (( <( 
 
 W. C. Murphey. 
 
 50,000 
 
 Danville 
 
 (( << (( 
 
 Benj. F. Thomas. 
 
 82,500 
 
 Decatur 
 
 Adams County " 
 
 Wm. H. Niblick. 
 
 75,000 
 
 Delphi 
 
 Citizens' Bank 
 
 Robt. E. Moore. 
 
 33,100 
 
 Evansville 
 
 First National Bank 
 
 Jas. H. Cutler, 
 
 500,000 
 
 Fort Wayne 
 
 " " " 
 
 Lem. R. Hartman. 
 
 300,000 
 
 Frankfort 
 
 a a u 
 
 David P. Barnes. 
 
 200,000 
 
 Franklin 
 
 Franklin " 
 
 E. C. Miller. 
 
 190,000 
 
 Gosben 
 
 City National Bank 
 
 Thos. H. Daily. 
 
 77,000 
 
 Greencastle 
 
 First National Bank 
 
 Jerome Allen. 
 
 125,000 
 
 Greenfield 
 
 Citizens' '' " 
 
 J. B. Simmons. 
 
 50,000 
 
 Greensburg 
 
 First 
 
 E. R. Forsyth. 
 
 120,000 
 
 Hartford City 
 
 (Citizens' " 
 
 E. M. Stahl. 
 
 25,000 
 
 Huntingdon 
 
 First National Bank 
 
 Sarah F. Dick. 
 
 100,000 
 
 Indianapolis 
 
 i( i. a 
 
 John C. McCutcheon. 
 
 500,000 
 
 Jasper 
 
 Dubois County State Bank 
 
 James M. Barton. 
 
 25,000 
 
 .Teftersonville 
 
 First National Bank 
 
 Hiram E. Heaton. 
 
 150,000 
 
 Kentland 
 
 Discount and Deposit B'k 
 
 John Ade. 
 
 20,000 
 
 Knox 
 
 Knox Bank 
 
 Alex. H. Henderson. 
 
 25,000 
 
 Kokomo 
 
 Howard National Bank 
 
 John J. Jay. 
 
 100,000 
 
 La Fayette 
 
 First National Bank 
 
 H. W. Moore. 
 
 250,000 
 
 La Grange 
 
 a a a 
 
 John M. Preston. 
 
 05,000 
 
 La Porte 
 
 (I (( (1 
 
 L. G. Erb. 
 
 100,000 
 
 Lawrcnceburg 
 
 People's " " 
 
 P. Braun. 
 
 110.000 
 
 Lebanon 
 
 First 
 
 Wcs. Lane. 
 
 75,000 
 
 Liberty 
 
 Union County Nat Bank 
 
 H. Husted. 
 
 50,000 
 
 Logansport 
 
 First National Bank 
 
 Wm. W. Ross. 
 
 2:50,000 
 
 Madison 
 
 i( a .1 
 
 Thos. A. Pogue. 
 
 1()0,.')0() 
 
 Martinsville 
 
 (( .i a 
 
 C. A. McCracken. 
 
 70,000 
 
 Monticello 
 
 Citizens' Bank 
 
 William E. McLean. 
 
 5,000
 
 INDIANA. 
 
 261 
 
 
 
 
 PAID UP 
 
 n-ACE. 
 
 NAME OF BANK, 
 
 CASIIIEll. ( 
 
 CAPITAL. 
 
 Mt Vernon 
 
 First National Bank 
 
 E. W. Rosenkrans. 
 
 100,000 
 
 3Iuncio 
 
 Citizens National Bank 
 
 W. M. Marsh. 
 
 100,000 
 
 New Albany 
 
 First National Bank 
 
 S. A. (Julbertson. 
 
 o00,000 
 
 New Castle 
 
 i( ,i a 
 
 E. B. Phillips. 
 
 100.000 
 
 Newport 
 
 CoUett & Co 
 
 S. S. CoUett, Gen. M(ji 
 
 •. 27.000 
 
 Xoblesville 
 
 Citizens' Bank 
 
 W. E. Dunn. 
 
 50,0(10 
 
 Peru 
 
 First National Bank 
 
 R. A. Edwards. 
 
 100,000 
 
 Petersburg 
 
 Citizens' State 15ank 
 
 Emmet M. Smith, Aasl 
 
 ;. 25,000 
 
 Plymouth 
 
 First Nat Bk of Marshall Co 
 
 .Tames A. Gillmore. 
 
 50,0(.0 
 
 Portland 
 
 Citizens' Bank 
 
 .1. B. Jaqua, 
 
 «0,00O 
 
 Princeton 
 
 People's National Bank 
 
 A. E. Lewis, Asst. 
 
 50,000 
 
 llenssellaer 
 
 A. McCoy & C;o 
 
 E. L. HoUingsworth. 
 
 :!0,00() 
 
 liichniond 
 
 First National Bank 
 
 .T. F. Reeves. 
 
 200,000 
 
 Rising Sun 
 
 Nat Bank of Rising Sun 
 
 .1. N. Perkins. 
 
 100,000 
 
 Rochester 
 
 Rochester Bank 
 
 A. C. Copeland. 
 
 30,000 
 
 Rockport 
 
 Rockport Bank 
 
 W. T. Mason. 
 
 45,000 
 
 Rockville 
 
 NationatBank of Rockville S. L. McCune. 
 
 100,000 
 
 Rushville 
 
 Rush County National B"k 
 
 E. D. Pugh. 
 
 100,000 
 
 Salem 
 
 Bank of Salem 
 
 J. F. Persisee. 
 
 55,000 
 
 Shelbyville 
 
 First National Bank 
 
 John A. Young. 
 
 100,000 
 
 South Bend 
 
 4> (( li 
 
 C. A. Kimball. 
 
 105,000 
 
 Spencer 
 
 Beem, Peden & Co 
 
 
 50,000 
 
 Sullivan 
 
 Sullivan County Bank 
 
 Geo. R. Dutton. 
 
 69,500 
 
 Terre Haute 
 
 First National Bank 
 
 H. S. Deming. 
 
 200,000 
 
 Tipton 
 
 Tipton County Bank 
 
 E. H. Shirk, Jr. 
 
 60,000 
 
 Valparaiso 
 
 First National Bank 
 
 E. Ball. 
 
 100,000 
 
 Vernon 
 
 State Bank of Jennings Co 
 
 Jas. W. Hill. 
 
 25,000 
 
 Vevay 
 
 First National Bank " 
 
 William Hall. 
 
 50,000 
 
 Viucennes 
 
 " '• " 
 
 Jos. L. Bayard. 
 
 100,000 
 
 Wabash 
 
 '• " •' 
 
 Francis W. Morse. 
 
 75,000 
 
 Warsaw 
 
 State Bank of Warsaw 
 
 P. L. Runyan. 
 
 100,000 
 
 Washington 
 
 Washington National Bank Richaid R. Read. 
 
 50,000 
 
 Winamac 
 
 Bank of Winamac 
 
 W. H. Bouslog. 
 
 10,000 
 
 Winchester 
 
 Rudolph County Bank 
 
 S. D. Coats. 
 
 100,000
 
 STATE OF 
 
 IOWA. 
 
 SUMMARY OF 
 
 CoLLKCTioN Laws. 
 
 Court Calendar, Instkttctions for taking Depositions, Legal Forms, Etc, 
 
 Expressly Prepared and Revised to Nov. 1st, 1887, for " Showers' 
 
 Legal Directory and Merchants' Gttide." for 1888, by 
 
 BY RUNNELLS & WALKEK OF THE DES MOINES BAR. 
 
 Accounts. — In suits on accounts, the items on the account must be set out 
 in a bill of particulars, and in case of failure so to do, the petition is subject 
 to demurrer for this defect ; but when set out as above required, and duly- 
 verified, if the defendant fails to appear, or appearing, fails to controvert the 
 items or any portion thereof, by pleading duly verified, then the account, or 
 such portion thereof as is not controverted, is taken to be true. Actions on 
 accounts are barred at the end of five years from the date of the last item, 
 but the account does not draw interest until six months from the date of the 
 last item, and after this it draws interest at six per cent. 
 
 Acknowledgments. — Any conveyance by which real estate in Iowa is con- 
 veyed or encumbered, if acknowledged within this state, must be so acknow- . 
 ledged before some court having a seal, or some judge or clerk thereof, or 
 some justice of the peace or notary public. When made or acknowledged 
 out of the state, but within the United States, it must be acknowledged before 
 some court of record or officer holding the seal thereof, or before some com- 
 missioner appointed by the governor of this state to take the acknowledg- 
 ment of deeds, or before some notary public or justice of the peace ; and 
 when made by a justice of the peace, a certificate vxnder the official seal of 
 the proper authority, of the official character of said justice, and of his au- 
 thority to take such acknowledgment, and of the genuineness of his signa- 
 ture must accompany this certificate of acknowledgment. When made or 
 acknowledged without the United States, it maybe acknowledged before any 
 embassador, minister, secretary of legation, consul, charge d' affairs, con- 
 sular agent, or any other officer of the United States, in a foreign country, 
 who is authorized to issue certificates under the seal of the United States. It 
 may also be acknowledged or proven before any officer of a foreign country, 
 who is authorized by the laws thereof, to certify to the acknowledgment of 
 written documents ; but a certificate of acknowledgment by a foreign officer 
 must be authenticated by one of the above named officers of the United 
 States, whoso official written statement, that full faith and credit is due to 
 the certificate of such foreign officer, shall be deemed sufficient evidence of 
 the qualification of said officer to take the acknowledgment, and to certify 
 thereto, and of the genuineness of his signature or seal, if he have any. The 
 court or officer taking the acknowledgment, must endorse upon the deed or 
 , [Iowa. 1.]
 
 IOWA. 263 
 
 other instrument, a certificate setting forth the following particulars : 1st. 
 The title of the court or jjcrson before whom the acknowledgment is taken ; 
 2d. That the person making tlie acknowledgment was personally known to 
 at least one of the judges of the court, or to the officer taking the acknowl- 
 edgment, to be the identical perst)n whoso name is affixed to tlie deed as 
 grantor, or that such identity was proved by at least one credible witness, 
 naming him ; 3d. That such person acknowledged the instrument to be his 
 voluntary act and deed ; witnesses are not required. 
 
 Forms of Acknoicledgment. 
 
 State of 
 
 County op 
 
 On this day of , A. D. 188 — , before me. 
 
 and for said county, personally came , personally to nie known to be 
 
 the identical person (or persons) whose name (or names) is (ai"e) affixed to 
 the above instrument, as grantor (or grantors), and acknowledged (and sev- 
 erally acknowledge) the execution of the same to be his (her or their) volun- 
 tary act and deed, for the ]>urposes therein expressed. 
 
 Witness mjs hand and official seal the date last above written, , No- 
 tary Public, in and for the county of , and state of , (or other 
 
 title of the officer taking the acknowledgment, whatever it may be.) 
 
 Actions. — Remedies in civil cases are divided into actions and special pro- 
 ceedings. All forms of actions are abolished, but the proceedings in a civil 
 action may be of two kinds, ordinary or equitable. The plaintiff may prose- 
 cute his action by equitable proceedings, in all cases where courts of equity, 
 before the adoption of the code of 1873 had jurisdiction, and must so proceed 
 in all cases where jurisdiction was exclusive. An action f)n a note, together 
 with a mortgage or deed of trust for the foreclosure of the same, must be by 
 equitable proceedings. An action on a bond or note alone, without regard 
 to the mortgage, must be by ordinary proceedings'. An action for a mechan- 
 ics' lien must be by equitable proceedings, and no other cause of action can 
 be joined with it. An action for a divorce must be by equitable pro- 
 ceedings, and no cause of action save for alimony can be joined with it. 
 Actions by sureties, and by occupying claimants, and on a lost note 
 or bond may be by ordinary i^roceedings. In all other cases, the plain- 
 tiff must prosecute his action by ordinary proceedings, except in certain 
 instances where a special proceeding is provided for, and which need not be 
 mentioned in this summary. An error of the plaintiff as to the kind of pro- 
 ceedings adopted, does not cause the abatement or dismissal of the action, 
 but merely a change into the proper proceedings, and a transfer of the ac- 
 tion to tlie pi'oper docket. All causes of action survive, and may be brought 
 notwithstanding the death of the person entitled or liable to the same. The 
 right of civil remedy is not merged in a i)ublic ollence, but may, in all cases 
 be enforced independently of, and in addition to the latter. When l)y its 
 terms a written contract is to be performed in any particular place, action 
 for breach thereof may be brought in the county w'uerein such place is situa- 
 ted. An action may be brougiit against any cori)oration, company, or person 
 engaged in the construction of a railway, telegraph line or canal, on any con- 
 tract relating thereto, or to any part thereof, or for damages in any manner 
 growing out of the work thereon, in any county wliere such contract was 
 made or performed in whole or in])art, where the work was done out of which 
 arose the damage claimed. When a corporation, company or individual has 
 an office or agency in any county, for the transaction of business, any suits 
 growng out of or connected with the business of that office or agency, may 
 be brought in the county where such office or agency is located. Actions in 
 a court of record are commenced by serving the (lefendant with a notice 
 signed by the plaintiff or his attorney, informing the defendant of the name 
 of the plaintiff, and that on or before a date therein named, a petition will be 
 [Iowa. 2.]
 
 264 IOWA. 
 
 filed, in the office of the clerk of the court wherein suit is brought^ naming it, 
 and stating in general tenns the cause or causes of action ; and if the action 
 is for money, the amount thereof, and that unless he appears thereto, and 
 defends before noon of the second day of the term at which defendant is re- 
 quired to appear, naming it, default will be entered against him and judg- 
 ment rendered thereon. If the petition be not filed before the date thus 
 fixed, and ten days before the term, the action will be deemed to be discon- 
 tinued. The notice, if the defendant be served within the county where suit 
 is brought, must leave ten days between the date of service and the first day 
 of the next term. Actions before justices of the peace, may in all cases be 
 brought in the township where the jjlaiutiff or defendant, or one of several 
 defendants reside ; they may also be brought in any other township of the 
 same county; if actual service on one or more of the defendants is made in 
 such township. Actions in justices' courts are commenced by voluntary ap- 
 pearance or by notice ; and when by notice, no petition need be filed, except 
 where the petition must be sworn to ; but the notice must state the cause of 
 action in general tenns, and must state the amount for which plaintiff will 
 take judgment, if defendant fail to appear and answer at the time and place 
 fixed, and the time thus fixed in the notice must not be more than fifteen 
 days from the date of the notice, and the notice must be served not less than 
 five days previous to trial. The defendant may at anytime, pay to the officer 
 having the process, or to the justice of the peace, the amount of the claim, 
 together with the costs which have then accrued, and thereupon proceedings 
 must cease. Executions for tlie enforcement of judgments in a justices' 
 court, may be issued at any time within ten years from the entry of the judg- 
 ment, but not afterwards. Appeals may be taken from the judgment of a 
 justice to the district court of the county, within twenty days after the ren- 
 dition of the judgment. Any judgment for over twenty-five dollars may be 
 appealed from. 
 
 Administration of Estates of Deceased Persons.— Where an executor is 
 not appointed by will, administration is granted : 1st, to the wife of the de- 
 ceased ; 2d, to his next of kin ; 'Sd, to his creditors ; 4th, to any person whom 
 the court may select. Individuals belonging to the same or different classes 
 may be united as administrators whenever such course is deemed expedient. 
 To each of the above classes in succession, a period of twenty days com- 
 mencing with the burial of the deceased, is allowed within which to apply 
 for administration upon the estate. When from any cause general adminis- 
 tration cannot be immediately granted, one or more sjiecial administrators 
 may be appointed to collect and preserve the property of the deceased. No 
 appeal from the appointment of such administrators prevents their proceed- 
 ing in the discharge of their duties. They must make and file an inventory 
 of the property of the deceased in the same manner in all respects 
 as is re<iuired of general administrators, and must presence the prop- 
 erty from injury. For this purpose they may do all needful acts under the 
 direction of the court, but can take no steps in the relation of the allowance 
 of claims against the estate. Ui>on the granting of full administration, the 
 powers of the special administrators ceases, anrl all the business is trans- 
 ferred to the general administrator. Every administrator before entering on 
 the discharge of liis duty, must give bond in such penalty as may be re- 
 quired, to be approved by the clerk, conditioned for the faithful discharge of 
 the duties imposed on him by law, according to the best of his ability. He 
 must also take and subscribe an oath, the same in substance as the condition 
 of the bond, which oath and bond must be filed with the clerk. New bonds 
 may be required by tlie court to Ix; given, and in a new penalty and with 
 new sureties whenever deemed expedient. After the filing of the bond, the 
 clerk must issue letters of administration, under the seal of the court, giv- 
 ing the administrator the power authorized by law. The administrator first 
 a])pointed and qualified for the settlement of an estate, must within ten days 
 after tlie receipt of his letters, publish such notice of his appointment as the 
 
 [Iowa, -i.]
 
 IOWA. 265 
 
 KJOurt or the clerk may direct ; which direction is imlorscd on the letters when 
 issued. Athninistratiou cannot be originally granted after the lapse of tivo 
 jears from the death of the deceased, or from the time his death was known, 
 in case he died ont of the state. If administration of the estate of a de- 
 t;eased non-resident has been granted in accordance with the laws of the 
 state or conntry where he resided at the time of his death, the person to 
 whom it has been connnitted, may, upon his application, and upon qualify- 
 ing himself in the same manner as is recpiired of other executors, be ap- 
 pointed to administer upon the property of the deceased in this state, unless 
 another has been previoiisly appointed. The original letters, or other 
 authority conferring his power upon such administrator, or an attested copy 
 thereof, mu.st be filed with the clerk of the jn'oi^er court before such appoint- 
 ment can be made. 
 
 Affidavits. — As defined by our code, an affidavit is a written declaration 
 under oath, made without notice to the adverse party. An affidavit may be 
 inade within or without this state before any person authorized to administer 
 oaths. Affidavits taken out of the state before any judge or clerk of a 
 court of record, or before a notary public, or a commissioner appointed by 
 the governor of this state to take acknowledgment of deeds in the state 
 where such affidavit is taken, are of the same credibility as if taken within 
 the state. When a person is desirous of obtaining the affidavit of another 
 who is unwilling to make the same fully, he may ai)ply to any officer com- 
 petent to take the depositions as herein declared, by petition, stating the ob- 
 ject for which he desires the affidavit. If such officer is satisfied that the 
 object is legal and proper, he must issue his subpoena to bring the witness 
 before him, and if he fails then to make a full affidavit of the facts within 
 his knowledge to the extent required of him by the officer, the latter may 
 proceed to take his deposition by question and answer in writing in the visual 
 way, which deposition may afterwards be used instead of an ordinary affida- 
 vit. The officer thus applied to may, in his discretion require notice of the 
 taking of such affidavit or deposition to be given to any other person inter- 
 ested in the subject matter, and allow him to be present and cross-examine 
 such witness. The court or officer to whom any affidavit is presented as a 
 basis for some action, in relation to which any discretion is lodged with such 
 court or officer, may, if deemed proper, require the witness to be brought 
 before some proper officer and subjected to cross-interrogatories by theoppo- 
 .site party. Publicati<jns required by law to be made in a newspaper, niay be 
 proved by the affidavit of any person having knowledge of the fact, specify- 
 ing the times when, and the paper in which, the publication was made. But 
 such affidavit must be made within six months after the last day of publica- 
 tion. The posting uj) or service of any notice or other i)aper required by 
 law, may be proved by the affidavit of any competent witness attached to a 
 copy of said notice or paper, and made within six months of the time of such 
 posting up. Any other fact which is required to be shown by affidavit, and 
 which may be rei^uired for future use in any action or other proceeding, may 
 be proved by pursuing the course above indicated, as nearly as the circum- 
 stances of the case will admit. Such proof so made may be perpetuated and 
 preserved for future use by filing the papers above mentioned in the office of 
 the clerk of the court. And the original affidavit appended to the notice or 
 ])aper, if there be (me, and if not, the affidavit by itself, is i^resumptive evi- 
 'dence of the facts stated therein, but does not preclude other modes of i>roof 
 now held sufficient. 
 
 Aliens. — Aliens, whether they reside in the United States or any foreign 
 C(^mutry, may acquire, hold, and enjoy i)roperty ; and may convey, devise, 
 mortgage, or otherwise encumber the same, in like manner and with the 
 same effect, as citizens of the state. The title to any land heretofore con- 
 veyed or transferred by devise f)r descent, shall not bo (luestioned or in any 
 manner affected by reason of the alienage of any person through whom such 
 [Iowa. 4.]
 
 266 IOWA. 
 
 title may have been derived. The widow of a non-resident alien is entitled 
 to the same rights in the property of her husband as a resident, except as 
 against a purchaser from the decedent. 
 
 Appeals. — The supreme court has appellate jurisdiction over all judg- 
 ments and decisions of all other courts of record, as well in case of civil ac- 
 tions as in proceedings of a special or independent character. Appeals from 
 the district court may be taken to the supreme court at any time within six 
 months from the rendition of the judgment or order apjjealed from, and not 
 afterward. But no a^jpeal can be taken in any cause in which the amount in 
 controversy between the parties, as shown by the pleadings, does not exceed 
 one hundred dollars, unless the trial judge certify that such cause involves 
 the determination of a question of law upon which it i« desirable to have the 
 opinion of the supreme court, but this limitation does not affect the right of 
 appeal in any cause in which is involved any interest in real property. An 
 appeal is taken by the service of a notice in writing on the adverse party, 
 his agent, or any attorney who appeared for him in the case in the court below 
 and also upon the clerk of the court wherein the proceedings were had, stat- 
 ing the appeal from the same, or from some specific part thereof, defining it. 
 The notice of appeal must be served at least thirty days, and the cause filed 
 and docketed at least fifteen days before the first day of the next term of the 
 supreme court, or the same cannot then be tried unless by consent of parties. 
 If an appeal be taken less than thirty days before the term, it must be so 
 filed and docketed before the next succeeding term. An appeal does not stay 
 proceedings on the judgment or order, or any part of it, unless the appellant 
 cause to be executed before the clerk of the court which rendered the judg- 
 ment or order, by one or more sufficient sureties, to be approved by such 
 clerk, a bond to the effect that the api)ellant shall pay to the appellee all 
 costs and damages that shall be adjudged agamst the appellant on the ap- 
 peal, etc. If the judgment or order is for the payment of money, the pen- 
 alty must be at least twice the amount of the judgment and costs. If not 
 for the payment of money, the penalty must be sufficient to save the appel- 
 lee harmless from the consequences of taking the appeal. But it must in no 
 case be less than one hundred dollars. 
 
 Arrest. — Section 19 of article 1 of the constitution of Iowa provides that 
 ' ' no person shall be imprisoned for debt in any civil action on mesne or final 
 process unless in case of fraud," but we have no statute authorizing impri- 
 sonment for debt in any civil action, either on mesne or final jirocess, whether 
 in case of fraud or otherwise. 
 
 Assignments and Insolvency. — There is no insolvency law in Iowa. No 
 general assignuieut of property by an insolvent, or in contemplation of in- 
 solvency for the benefit of creditors, is valid, unless it be made for the bene- 
 fit of all his creditors, in proportion to the amount of their respective claims, 
 and in case of the assignment of property for the benefitof all the creditors 
 of the assignor, the assent of the creditoi's is presumed. The debtor must 
 annex to such assignment an inventory under oath, of his estate, real and 
 personal, according to his best knowledge, and also a list of his creditors and 
 the amount of their respective demands; but such inventory is not conclu- 
 sive as to tlie amount of the debtor's estate, and such assignment vests in 
 the assignee tlie title to any other property belonging to the debtor at the 
 time of milking the assignment. Every assignment must bo duly acknowl- 
 edged in the same manner as a conveyance of real estate, and re(M)rded in 
 the county wliore the person making the same resides, orAvherethe business 
 in respect of wiiich the same is made, has been carried on. The assignee 
 must also forthwith .file with the clerk of the district of the county where 
 such assignment is recorded, a true and full inventoiy and valuation of 
 the estate, under oath, so far as the same has come to his knowledge, 
 and must then and there enter into bonds to the clerk, for the use oC 
 
 riowa. 5.]
 
 IOWA. 26T 
 
 all the creditors, in double the ainomit of the inventory and valnation, with 
 QUO or more sufficient sureties, to be approved by the clerk, lor the iaithlul 
 performanee of tho trust ; and the assignee may thereupon j)roeeed to per- 
 form any duty necessary to carry into ellect the intention of the assignment. 
 The assignee must forthwith give notice of such assignment by a publication 
 in some newspaper in the county, if any, and if none, then in the nearest 
 county thereto, whicli publication must be continued at least six weeks, and 
 must also forthwith send a notice by mail to each creditor of whom he shall 
 be informeil, directed to their usual place of residence, and notifying the 
 creditors to present their claims under oath, to Inm, within three months 
 thereafter. At the expiration of three months from time of first publishing^ 
 notice, the assignee must report and file with the clerk of the court, a 
 true and full list, under oath, of all such creditors of the assignor as shall 
 have claimed to be such, with a statement of their claims, and also an affi- 
 davit of publication of notice, and a list of the creditors with their places of 
 residence, to whom notice has been sent by mail, and the date of mailing 
 duly verified. Any person interested may appear within three mouths after 
 the filing of such report, and file with said clerk, any exceptions to the claim 
 or demand of any creditor, and the clerk must forthwith cause notice there- 
 of to be given to the creditor, which must be served as in case of original 
 notice, returnable at the next term, and the court must, at such term, 
 proceed to hear the proofs and allegations of the parties in the premises, and 
 must render such judgment thereon as shall be just, and may allow a tinal 
 by jury, upon the issue raised. If no exception be made to the claim of any 
 creditor, or if the same have been adjudicated, the court must order the as- 
 signee to make, from time to time, fair and equal dividends among the credi- 
 tors, of the assets in his hands, in proportion to their claims, and as soon as 
 may be, to render a final account of said trust to the court, who may allow 
 such commissions to such assignee, in the final settlement, as may be con- 
 sidered just and right. The assignee is at all times subject to the order and 
 supervision of the court or judge, and the court or judge may, by citation 
 and attachment, compel the assignee froin time to time, to file reports of his 
 proceedings, and of the situation and condition of the trust, and to proceed 
 in the faithful executian of the duties reciuired of him. No assiginnent can 
 be declared fraudulent or void for want of any list or inventory, but the court 
 or judge may, uj^on application of the assignee or any creditor, compel the 
 appearance in person of the debtor, before the court or judge forthwith, or 
 at the next term, to answer under oath, such matters as may then and there 
 be inquired of him, and such debtor may then and there be fully examined 
 under oath, as to the amount and situation of his estate, and tlie names of 
 the creditors and amounts due to each, with their places of residence, and 
 may compel the delivery to the assignee of any property or estate embraced 
 in the assignment. The assignee must from time to time, file with the clerk 
 of the court, an inventory and valuation of any additional property which 
 may come into his hands under such assignment, after the filing of the first 
 inventory, and the clerk may thereupon require him to givo additional secu- 
 rity. Any creditor may claim debts to become due, as well as debts due, but 
 on all del)ts not due a reasonable abatement must be made when the same 
 are not drawing interest. All creditors who do not exhibit their claim 
 within the term of tliree months from the publir-ation of notice, d;> not par- 
 ticipate in t!io dividendsuntilal'terllie payment in full of all claims presented 
 within said term, and allowed by the court. An assignee has as full power- 
 and autiiority to dispose of all estate, real and personal, assigned, as the 
 debtor had at the time of the assignment, and to sue for and recover in the 
 name of such assignee, everything belonging or pertaining to said estate, and 
 generally to do whatsoever the debtor might have dime in the premises ; but 
 no sale of real estate belonging to said trust can be made without notice 
 published as in case of sales of real estate on execution, unless the court 
 shall order and direct otherwise. In case any assignee die before the closing 
 of his trust, or in case he fail or neglect for the period of twenty days after 
 the making of any assignment, to file an inventory and valuation, and give. 
 [Iowa. 6.1
 
 268 IOWA. 
 
 bond, the district court or any judge thereof of the county where such as- 
 signment may be recorded on the application of any person interested, must 
 iippoint some person to execute the trust embraced in such assignment ; and 
 such person, on giving bond with sureties, as required of the assignee, pos- 
 sesses all the powers conferred on said assignee, and is subject to all the 
 tiuties imposed, as fully as though named in the assignment ; and in case any 
 security be discovered to be msufficient, or on complaint before the court or 
 judge it shall be made to api^ear that any assignee is guilty of wasting or 
 misapplying the trust estate, the court or judge may direct or require addi- 
 tional security, and may remove such assignee, and may appoint another in- 
 stead, and such person so appointed, on giving bond, has full power to exe- 
 cute such duties, and to demand and sue for all estate in tlie hands of the 
 person removed, and to demand and recover the amount and value of all 
 moneys or iiroperty, or estate so wasted and misapplied, which he may ne- 
 glect or refuse to make satisfaction for, from such person and his sureties. 
 
 Attachment Process. — Plaintiff in a civil action may cause any property 
 of the defendant which is not exempt from execution to be attached at the 
 •commencement or during the progress of the proceeding, and the proceed- 
 ings relative to an attachment are deemed independent of the ordinary pro- 
 •ceedings and only auxiliary thereto. The petition which asks an attachment 
 must, in all cases be sworn to, and must' state, 1st, That the defendant is a 
 foreign corporation, or acting as sucli ; or 2d, That he is a non-resident of 
 the state ; or 3d, That he is about to remove his property out of the state, 
 without leaving svifficient remaining for the payment of his debts ; or 4th. 
 That ho has disposed of his property, in whole or in part, with intent to de- 
 fraud his creditors ; or 5th, That the defendant is about to dispose of his 
 property with intent to defraiid his creditors : or 6th. That he has absconded 
 so that the ordinary process cannot be served upon him ; or 7th, That he is 
 about to remove permanently out of the county, and has property therein, 
 not exempt from execution, and that he refuses to pay or secure the plain- 
 tiff; or 8th, That he is about to remove permanently out of the state, and 
 refuses to pay or secure the debt due the plaintiff ; or 9th, That he is about 
 to remove his property, or a part thereof, out of the county, with intent to 
 defraud his creditors ; or lOtli, That he is about to convert his property or a 
 part thereof, into money, for the purpose of placing it beyond the reach of 
 his creditors ; or 11th, That he has property and rights in action, which lie 
 ■conceals ; or 12th, That the debt is due for property obtained vinder false 
 pretences. If the plaintiff's demand is founded on contract, the petition must 
 state as nearly as practicable, the amount which is due, which must be more 
 than five dollars, in order to authorize the attachment ; the amoinit thus 
 sworn to, is intended as a guide to the sheriff, who must, as nearly as the cir- 
 cumstances of the case will permit, levy upon the property fifty per cent, 
 greater in value than that amount. The property of the debtor may bo at- 
 tached previous to the time when the debt becomes due, when nothing but 
 time is wanting to fix an absolute indebtedness, and when the petition in ad- 
 •dition to that fact states, 1st, That the defendant is about to dispose of his 
 property with intent to defraud his creditors ; or 2d, That he is about to re- 
 move frem the state, and refuses to make any arrangements for securing the 
 payment of the debt when it falls due, and which contemplated removal was 
 not known to the plaintiff at the time the debt was contracted ; or 8d, That 
 the defandaut has disposed of his pro])erty, in whole or in part, with intent 
 to defraud his creditors ; or 4th. That the debt was incurred for property 
 obtained under false pretenses. In all cases, before an attachment can issue, 
 the plaintilf must file with the clerk, a bond for the use of the defendant, 
 with sureties to Ix', approved by the clerk, in a penalty in at least double the 
 value of the property sought to be attached, (that is to say, three times tlie 
 a.mount swin-n to be due in the petition, since the sheriff must levy upon fifty 
 p(!r cent, more than the amount sworn to, and the amount upon which the 
 >sh(!rilf must levy is taken to be the amount of the property sought to l)e 
 itttached), and in no case less than $250, in a court of record, nor less than 
 
 [lowu, 7.]
 
 IOWA. 26&« 
 
 $50 in a .justices' court, coiiclitioncd that the plaintiff ■will pay all damages 
 which tlie defendant may sustahi by reason of the wron^fful suing out of the 
 attachment. lu an action on such bond, the plaintiff may recover if he show 
 that the attachment was wrongfully sued out, and that there was no reason- 
 able cause to believe the ground njKin which the same was issncd to be true ; 
 the actual damages sustained, and a reasonable attorney's fee to be tixed by 
 the court; and if it be shown that such attachment was sued out maliciously, . 
 he may recover exemplary damages, and need not wait until the principal 
 suit is deteiTnined before suing on the bond. Whenever it appears by the 
 affidavit of the plaintiff, or by the return of the attachment that no property 
 is known to the plaintiff or the officer, on which the attachment can be exe- 
 cuted, or not enough to satisfy the plaintiff's claim, and it being shown to 
 the judge of the court, by affidavit, that the defendant has property within 
 the state, not exemjit, the defendant may be required by such judge, to at- 
 tend before him, or before the court in which the action is pending, and give 
 information on oath respecting his property. Attachment by garnishment is 
 effected by informing the supi^osed debtor or person holding the property, 
 that he is attached as garnishee, and by leaving with him a written notice to 
 the effect that he is required not to pay any debt due from him to the defend- 
 ant, or thereafter to become due ; and that he must retain possession of all 
 I)roperty of the said defendant, then or thereafter being in his custody or 
 under his control, in order that the -same maybe dealt with according to law, 
 and the sheriff" must summon such persons as garnishees, as the plaintiff may 
 direct. If the defendant, at any time before judgment, cause a bond to be 
 executed to the plaintiff, with sufficient sureties, to be approved by the officer 
 having the attachment, or after the return thereof by the clerk, to the effect 
 that he will perform the judgment of the court, the attachment must be 
 discharged and restitution made of the property taken or the proceeds- 
 thereof. 
 
 Banks and Bankers. — All associations organized under the general incor- 
 poration laws of this state, for the purpose of transacting a banking busi- 
 ness, buying or selling exchange, receiving deposits, discounting notes, &c., 
 must make a full, clear, and accurate statement of the condition of the asso- 
 ciation, as hereafter stated, which must be verified by the oath of the presi- 
 dent or vice-president, cashier or secretary, and two of the directors, and the 
 statement must contain 1st. The amount of capital stock actvially paid in, 
 and then remaining as the capital of such association ; 2d. The amount of 
 debts of every kind due to banks, bankers, or other persons, other than 
 regular depositors ; 3d. The total amount due depositors, including sight 
 and time deposits ; 4th. The amount subj>ect to be drawn at sight, then re- 
 maining on deposit with solvent banks or bankers of the country, specifying 
 each city and town, and the amount deposited in each and belonging to such 
 association ; 5th. The amount of gold and silver coin and bullion, belonging- 
 to such association at the time of making the statement; 6th. The amount 
 then on hand, of bills of solvent specie paying banks ; 7th. The amount of 
 bills, bonds, notes, and other evidences of debt, discounted or purchased by 
 such association, and then belonging to the same, specifying particularly the 
 amount of suspended debts, the amount considered good, the amount con- 
 sidered doubtful, and the amcmnt in suit or judgment ; 8th. The value of 
 real and personal property held for the convenience of such association, spe- 
 cifying the amount of each ; 9th, The amount of the undivided profits, if 
 any, then on hand ; 10th. The total amount of all liabilities to such associa- 
 tions, on the part of the directors thereof : and this statement must be trans- 
 mitted to the auditor of state, and by him filed in his office. No association 
 can be organized with a less amount of paid up capital stock, than fifty thous- 
 and dollars, except in cities or towns having a population not exceeding three 
 thousand, where such association maybe organized with a paid up capital of 
 not less than twenty-five thousand dollars. But no such association has the 
 right to commence business until its officers elect, or its stockholders, .shall 
 have furnished to the auditor of state, a sworn statement of the paid up • 
 [Iowa. 8.]
 
 £70 IOWA. 
 
 capital, and when the auditor of state is satisfied as to the fact, he must issue 
 to such association, a certilicate authorizing such association to commence 
 business, a copy of wliich must be publislied in soiTie daily newspaper pub- 
 lished in the county where the association is located. 
 
 Chattel Mortgages. — No sale or mortgage of personal property, where 
 the vendor or mortgagor retains actual possession, is valid against existing 
 creditors or subsequent i)urchasers without notice, unless a written instru- 
 ment conveying the same is executed, acknowledged like conveyances of real 
 •estate, and filed for record with the recorder of the county where the holder 
 •of the property resides. In the absence of stipulation to the contrary in the 
 mortgage, the mortgagee of personal property is entitled to possession. Any 
 mortgage of personal property to secure the payment of money only, and 
 where tlie time of payment is fixed, may be foreclosed by notice and sale, 
 unless a stipulation to the contrary has been agreed upon by the parties, or 
 may bo foreclosed by action, in the proper court. The notice must contain 
 3, full description of the property mortgaged, together with the time, place 
 ^nd terms of sale, and must be served on the mortgagor, and upon all pur- 
 chasers from him, subsequent to the execution of the mortgage, and all per- 
 sons having recorded liens upon the same property which are junior to the 
 mortgage, or they will not be bound by the proceedings. The service and 
 return must be made in the same manner as in case of original notice, by 
 which civil actions are commenced, except that no publicaticm in the news- 
 papers Is necessary for this purpose. After notice has been served upon the 
 parties, it must be i)ublished in the same manner and for the same length of 
 time, as is required in cases of sale of like property on execution, and the 
 sale must be conducted in the same manner (see executions). The ])urchaser 
 takes all the title and interest on which the mortgage operated. The sheriff 
 conducting the .sale must execute to the purchaser a bill of sale of the per- 
 sonal property, whicli is effectual to carry the whole title and interest pur- 
 chased. Evidence of the service and publication of the notice aforesaid, and 
 of the sale made in accordance therewith, together with any postponement 
 •or other material matter, may be perpetuated by proper affidavits, and such 
 affidavits must be attached to tho bill of sale, and are then receivable in evi- 
 •dence, to prove the facts they state. Sales made in accordance with the above 
 requirements are valid in the hands of a purchaser in good faith, whatever 
 may be the equities between the mortgagor and mortgagee. The right of the 
 mortgagee to foreclose, as well as the amount claimed to be due, may be con- 
 tested by any one interested in so doing, and the proceeding may be trans- 
 ferred to the district court, lor which purpose au injunction may issue, if 
 necessaiy. 
 
 Courts — Terms and Jurisdiction. — For the purpose of holding the United 
 States circuit and district courts in Iowa, the state is divided into a northern and 
 southern district. The northern district is sub-divided into three divisions, 
 the eastern, central, and western division. The eastern division comprises 
 the counties of Clinton, Jackson, Jones, Linn, Benton, Blackhawk, Buchanan, 
 Delaware. Dubu(iuc, Clayton, Fayette, Bremer, Floyd, Chickasaw, Mitchell, 
 Howard, Winneshiek and Allamakee. The place for holding the court for 
 this division is Dubuque. The central division comprises the counties of 
 Orundy. Ilardin, Hamilton, Webster, Calhoun, Pocahontas, Falo Alto, Em- 
 raett, Kossuth, Humboldt, Wright, Hancock, Winnebago. AVortli, Cerro 
 <Jordo, Franklin and Butlei', and the place for holding the court, in this divi- 
 sion is Fort Dodge. The western division comprises the comities of Monona, 
 Woodbury, Plymouth, Sioux, Lyon, Oscoola, O'Brian, Cherokee, Ida, Sac, 
 Huena Vista, Clay and Dickinson. The court for this division is held at Sioux 
 Oity. The terms o( the United States circuit and district court, in the north- 
 ern distri(!t. are held at the following places at the following times ; Eastern 
 ^livision at Dubuque, on the third Tuesday of April and the third Tuesday 
 of November, of each year. Central division at Port, Dodge, on the third 
 Tuesday of Janvuxry and the third Tuesday of June, of each year. Western 
 
 [Towu 0.]
 
 IOWA. 271 
 
 •division at Sioux City, on tho second Tuesday of February and tlie second 
 Tuesday of July, of eacli year. Tlie soutlicru district of Iowa is also divided 
 into three divisions, to wit: the eastern, central and western divisions. The 
 eastern division comprises the counties of Scott, Cedai', Muscatine, Washing- 
 ton, Louisa, Keokuk, Appanoose, Davis, Wapello, Jefferson, Van Burens, 
 Henry, Des Moines and Lee. The United States circuit and district court, 
 for this division are held at Keokuk. The central division conii)rises the 
 counties of Johnson, Iowa, Pt)wishiek, Mahaska, Jasper, Tama, Marshall, 
 Story, Boone, Greene, Gutheri(>, Adair, Dallas, Polk, Madison, Warren, 
 Marion, Clark, Lucas, Decatur, JMonroe and Wayne. The courts for this di- 
 vision are held at Des Moines. The western division comprises the counties 
 <jf Carroll, Crawford, Harrison, Shelby, Audubon, Cass, Pottawattamie, 
 ]\lills, 3Iontsromery, Adams, Union, Riuiigold, Taylor, Page and Fremont. 
 The courts for this division are held at Council Blutt's. The following is a 
 .statement of the times and places of holding United States circuit and dis- 
 trict courts, in the three divisions of the southern district, to wit ; at Keokuk 
 on the third Tuesday in January and the third Tuesday in June ; at Des 
 Moines, on the second Tuesday in May and the third Tuesday in October ; at 
 Council Blutfs, on the fourth Monday in March and the fouith Monday in 
 September. 
 
 State Courts. — The supreme court of Iowa is now located permanently at 
 Des Moines. It has appellate jurisdiction only in cases of chancery, and is 
 a court for the correction of errors in law, having power to issue all jieces- 
 sary writs and process, and exercises a supervisory control over all inferior 
 courts. Its terms ai-e held in Des Moines, on the first Tuesdays of March, 
 June, October, and December, of each year. 
 
 District Courts. — By a recent act of the legislature, the circuit court of 
 Iowa is abolished from and after the first day of January, 1887, so that from 
 and after that date, the district court is invested with all the jurisdiction and 
 powers that the circuit court formerly had, and will be the only state court 
 having general original jurisdiction, both civil and criminal. The state is 
 divided into eighteen judicial districts, as follows ; 
 
 The first district consists of the counties of Lee and Des Moines, and has 
 two judges. 
 
 The second district consists of the counties of Lucas, Monroe, Wapello, 
 Jefferson, Henry, Davis, Van Buren and Appanoose, and has three judges. 
 
 The third district consists of the counties of Wayne, Decatur, Clarke, 
 Uni(m, Ringgold, Taylor and Adams, and has two judges. 
 
 The f(mrth district ctmsists of the counties of Chei'okee, O'Biien, Osceola, 
 Tjyon, Sioux, Plymouth, AVoodbury, Hari'ison and Monona, and has three 
 judges. 
 
 The fifth district c(msists of the counties of Dallas, Gutherie, Adair, Madi- 
 son, Warren and Marion, and has three judges. 
 
 The sixth district consists of the counties of Jas])er, Powshiek, Mahaska, 
 Keokuk, Washington and Louisa, and has three judges. 
 
 The seventh district consists of the counties of Muscatine, Scott, Clinton, 
 and Jackson, and has three judges. 
 
 The eighth district consists of the counties of Johnson and Iowa, and has 
 <me judge. 
 
 The county of Polk constitutes the ninth district, and has three judges. 
 
 The tenth distinct consists of the counties of Dubuqiie, Delaware, Buch- 
 anan, Black Hawk and Grundy, and has three judges. 
 
 The eleventh district ccmsists of the counties of Marshall, Story, Boone, 
 Webstor, Hamilton, Hardin, Franklin and Wright, and has three judges. 
 
 The twelfth district consists of the counties of Bremer, Butler, Floyd, Mit- 
 chell, Worth, Cerro Gordo, Hancock ai\d Winnebago, and has two judges. 
 
 The thirteenth district consists of tlie counties of Clayton, Allamakee, 
 Fayette, Winneshiek, Howard and Cliickasaw, and has two judges. 
 
 The fourteenth district c<msists of the connties of Buena Vista, Clay, Palo 
 Alto, Kossuth. Emnu-tt, Dickinson, Humboldt and Pocahontas, and has 
 two I'udges. 
 [Iowa 10.1
 
 2T1 IOWA. 
 
 Till' fifteenth district consists of the counties of Pottawattamie, Cass;. 
 SlK-Uiy, Audubun, Montgomery, Mills, Page and Fremont, and has lour 
 jiidgt'S. 
 
 Tlie sixteenth district consists of the counties of Ida, Sac, Calhoun,. Craw- 
 ford, Carroll and Green, and has two judges. 
 
 The seventeenth district consists of the counties of Tama and Benton, and 
 has one; judge. 
 
 The eighteenth district consists of the counties of Linn, Jones and Cedar, 
 and has two judges. 
 
 The district court has original and exclusive jurisdiction of all actions, pro^ 
 ceodings and remedies, both civil and criminal, except in cases where exclu- 
 sive or concurrent jurisdiction may hereafter be conferred upon some other 
 court or tribunal, by the constitution and laws of the state, and will have and 
 exercise all the i)owers usually possessed and exercised by courts of record. 
 All rights, duties, powers and jurisdictions now by law belonging to and in- 
 vested in tiie circuit, will, upon and after January 1st, 1887, be transferred to 
 and conferred upon and exercised by the district court, and all causes, pro- 
 ceedings and remedies of every kind, pending or undetermined in the circuit 
 court, at said date, shall stand for trial or other disposition in the district 
 court, as if originally brought therein. 
 
 Justices of the Peace have a jurisdiction which is co-extensive with their 
 respective comities, and covering all civil cases except those in chancery and 
 where the title to real estate is involved, where the amount in controversy is 
 not more than one hundred dollars. Their jurisdiction may, liowever, be 
 extended by consent of parties to any amount not exceeding three hundred 
 dollars. 
 
 Court Calendar. — 
 
 Conniien. Towns. Dates. 
 
 Adair Greenfield . . , January 4, March 29, Juno 7. Aug. 30, Nov. 1. 
 
 Adaius .... Corning .... January 3, Marcli 21, May 30, October 10. 
 Allamakee . . Waukon . . . . February 24, May 2, September 29, November 21. 
 Appanoose . . Ceuterville . . January 17, March 28, September 19, November 14. 
 Audubou . . .Audubon . . . March 1.3, June 7, September 27, November 29. 
 
 Benton . . . .Vinton March 7, May 9, September 5, October 31. 
 
 Black Hawk .Waterloo . . . January 24, March 21, May 2, June 6, Sept. 26, Nov. 14. 
 
 Boone Boonesboro . . January 24, April 4, August 22, October 24. 
 
 Bremer . . . . Waverly . . . . February 21, April 11, September 26. December 5. 
 Buchanan . . . Independence, January 3, Feb. 28, April 18, May 30, Sept. 12, Oct. 31. 
 Buena Vista . Storm Lake . . January 10, April 5, August 22, October 2-5. 
 
 Butler Allison . . . . February 14, April 11, June 13, November 7. 
 
 Calhoun. . . . Rockwell City . February 7, April 26, September 12, November 15. 
 
 Carroll .... Carroll January 17, April 19, September 19, November 8. 
 
 Cass Atlantic . . . . February 8, May 3, August 30, November 8. 
 
 Cedar Tipton January 31, April 25, August 29, November 21. 
 
 Cerro Gordo . . Mason City . . January 17, March 21, May 16, October 17. 
 Cherokee . . . Cherokee . . . February 7, April 25, October 10, December 5. 
 Chickasaw, . . New Hampton, Marchl7, May 30, Novembers, December 12, 
 
 Clarke Osceola . . . . February 7, April 25, September 5, Noveinber 14. 
 
 Clay Spencer .... February 22, May 3, September 20, Noveml>er 22. 
 
 Clayton . . . . Elkader . . . . January 17 May 12. September 5, November 17. 
 Clinton . . . .Clinton . . . . January 4, April 19, September 13, November 15. 
 Crawford . . . Dcnisoa . . . . January 3, April 5, August 1, October25. 
 
 Dalliis Adel March 1, May 3, June 21, October 4, November 29. 
 
 Davis Bloomflcld . . January 3, Apiil 25 October 10, l^ecember 5. 
 
 .Decatur . . . .Leon January 3, March 21, May 23, October 10. 
 
 Delaware . . .Manchester . . February II, A jjril 4, May 23, June 27, Oct. 10, Dec. 5,. 
 Des Moines . .Burlington . . .January 3, April 11, September 12, November". 
 Dickinson. . . Spirit Ijake . . January 11, April 4, August30, October 31. 
 
 Dubuque . . .Dubuque Jan. 3, Feb. 28, April 25, May .30, Sept. 6, Oct. 31. 
 
 Emmet . . . . Esthcrville . . January 4, Marcli 29, August 23, October 25. 
 Fayette . . , . West Union . . February 11, April 21, Septeinlier 19, December 1. 
 
 Floyd CluirlesCity . . .January 21, Marcli 28, May 30, October 10. 
 
 Franklin . . .Hampton . . . March 14, ISfay 23. October 10, December 12. 
 
 Fremont . . .Sidney March 29, Miiy 21, September 20, November 15, 
 
 <ircene Jefferson . . . .January 31, May 3, October 3, November 22. 
 
 Grundy . . . . Grundy Center, February 14, April 11, May 16, October 17, Dec. 5. 
 (iutlirie . . . . Guthrie"Center, February 15, May 3, June 21, October 4, November 29. 
 Hamilton . . . Webster City . February 21, May 2, September 19, November 21. 
 Hancock . , . Concord .... February 28, April 25, Juue 27, December 5. 
 
 [Iowa. 11.]
 
 IOWA. 273 
 
 Counties. lyntms. Dates. 
 
 Hardin .... Eldora January 24, ApriH, August 22, October 2*. 
 
 Harrison . . . Logau January 3, February 28, August 2*J, (.Xtober 31. 
 
 Henry MountPleasantFebruary 7, April -1, August 21i, October 31. 
 
 Howard . . . . Cresco February 3, April 11, September 15, October 31. 
 
 Humboldt . .Dakota MarchS, May l(j, October 4, November 28. 
 
 Ida Ida Grove. . . March 15, June 1, October 11, December 13. 
 
 Iowa Marengo. . . . January 31, April 4, .September 5, l>ecember 12; 
 
 Jackson . . . . Muquoketa . . Februarys, June 14, Octoberll, December 13. 
 
 Jasper; Newton . . . . February 22, April 20, September 6, November 1.. 
 
 Jefferson . . .Fairfield. . . . January IT, March 14, September 19, November 21. 
 Johnson. . . .Iowa City . . . January 3, P'ebruury a<. May 2, November 7. 
 
 Jones Anamosa . . . February 14, May 9, September 19, December o. 
 
 Keokuk .... Sigouruey . . . January LS, March 22, September 6, November 1. 
 
 Kossuth. . . . Algona March 22, May 31, October II, December". 
 
 y < Fort Madison . .January 17, May 2, October 3. 
 
 ^^^ (Keokuk . . . . February?, June 6, Septembers, Decembers. 
 
 Linn Marion . . . January 3, ^larch 2K, May 30, October 17. 
 
 Louisa Wapello . . . . January 24, March 22, .September 6, November l. 
 
 Lucas Chariton. . . . January 3 Alarch 14 .September .5, October 31. 
 
 Lyon Rock llapids . February 14, May 9, October 3, Dec. 12. 
 
 Madison. . . . Winterset . . . February 1-5, May 3, June 21, October 4, Novemiier 29. 
 Mahaska . . . Oslialoosa . . . January 18, March 22, May 15, October 4, December ti. 
 Marion . . . . Knoxville . . . February 1, March 29, June 7, August SO, Nov. 1. 
 Marshall . . . Marshalltown . .January 24, April 4, August 22, October 31. 
 
 Mills Glenwood . . . March 29, June 14, October 11, December 13. 
 
 Mitchell .... Osage January 10, March 14, May 16, September 19. 
 
 Monona . . . . Onawa January 24, April 4, .September 2ii, November 28. 
 
 Monroe . . . . Albia February 7, April 18, October 10. December 5. 
 
 Montgomery . Red Oak .... January 17, June 7, September 27, December 6. 
 Muscatine. . .Muscatine. . . January 4, April 19, September l:'., November 1-5. 
 O'Brien . . . . Primghar . . . January IS, April 11, .September 6, November 7. 
 
 Osceola . . . .Sibley January 10, April 25, August 29, October 31. 
 
 Page Clarinda . . . . February 22, May 3, August 23, October 25. 
 
 Palo Alto . . . Emmetsburg . January 18, April 11, September 6, November 7. 
 Plymouth. . . Le Mars . . . . February 22, May 31, October 10, December 5. 
 Pocahonta.s . . Pocahontas Ctr. January 24, April 19, September 5, Novembers. 
 
 Polk Des Moines . . January 3, April 4, .September 5, November 7. 
 
 T>^ttorrTofr>-.ia f Councll Bluffs . Fcbruary 15, May 3, August 30, November 1. 
 
 roiiawai. mie I ^^.^gj^ March 15. June 21, December 13. 
 
 Poweshiek . . Montezuma . . February 22, April 26, October 4, December 6. 
 Ringgold . . . Mount Ayr . . January 21, April 11, June 6, October 24. 
 
 Sac Sac City . . . . February 21, May 10, September 26, November 29. 
 
 Scott Davenport . . . February 1, May 3, September 13, November 15. 
 
 Shelby Harlan January 11, May 3, August 30, November 8. 
 
 Sioux Orange City . . February 1, March 29, September 19, November 21. 
 
 Story Nevada .... February 21, May 2, September 19, November 14. 
 
 Tama Toledo February 14, April 11, October 3, November 28. 
 
 Taylor Bedford . . . • February 7, April 25, .September 5, November 14. 
 
 Union Afton February 28, May 9, September 19, Decembers. 
 
 Van Buren . . Keosauqua . . February 14, April 25, October 10, December 5. 
 Wapello. . . . Ottumwa . . . January 3, March 14, August 29, October 31. 
 Warren . . . . Indianola . . . January 3, March 29, June?, August 30, November 1. 
 Washington . Washington . . February 22, April 26, October 4, December C. 
 Wayne .... Corydon .... January 17, April 4, Jime 13, October 24. 
 Webster. . . .Fort Dodge . . March 7 May 9, October 3, December 5. 
 Winnebago. . Forest City . . April 25, June 6, September 19 November 7. 
 Winneshiek . Decorah . . . . January 3, March 7, August 9, October 10. 
 Woodbury . . Sioux City . . . .January 3, March 8, May 30, August 29, October 31. 
 
 Worth Northwood . . February 14, May 2, September 12, November 14. 
 
 Wright .... Clarion .... March 14, May 23, October 10, December 12. 
 
 Deeds : 
 
 Form for quit claim deeds. 
 
 For the consideration of dollars, I hereby quit claim to , the 
 
 following tract of land, (dcscribmg it. ) 
 
 Form for deediti fee sim^ile without warranty. 
 
 For the consideration of dollars, I hereby convey to , the fol- 
 lowing tract of land, (describing it.) 
 
 Form for deed in fee simple with warranty. 
 
 The same as last preceding form, adding "and I Vy-arraut the title against 
 all persons whomsoever." 
 [Iowa, 12.]
 
 274 IOWA. 
 
 Form for 3Iortyoges. 
 
 The same as deeds of conveyance, adding the following, "to be void upon 
 condition that I pay, &c." 
 
 When any of the above-mentioned instruments of conveyance are jointly 
 executed and acknowledged by both the husband and wife, as indicated in 
 the form of acknowledgments before given, they serve to pass all the interest 
 of both in the property conveyed, whether by way of dower or otherwise. 
 
 Depositions. — The officer taking depositions for use in this state must ob- 
 serve the following forms and mode of proceeding, commencing thus : 
 
 Deposition of witnesses produced, sworn and examined at m the 
 
 county of and state of before me (name of officer and style of 
 
 office) in a certain cause now pending in the court of county, 
 
 state of Iowa, between • plaintiff, and defendant. On the part of 
 
 the N. O., of lawful age, being pioduced, sworn and examined on the 
 
 part of the deposeth and saith (here insert each interrogatory as it 
 
 occurs and the answer thereto, immediately following). Note. — Every depo- 
 sition must be reduced to writing by some person who is neither of the par- 
 ties, attorney of either, nor in any wise interested in the event of the suit, in 
 the presence of the officer before whom it is taken, and signed by the 
 "witness. 
 
 If any paper or exhibit is produced and proved, or referred to by a wit- 
 ness, it ought to be described in his deposition, and marked and referred to 
 by the deponent in such a manner that it may be identified when the deposi- 
 tion is read, and all such papers and exhibits must be attached to and re- 
 turned with the deposition. The officer will annex at the foot of the deposi- 
 tion of each witness the following certificate : 
 
 " I (insert name of officer and style of office) do hereby certify that N. 
 O., the deponent, whose place of residence is (here insert it) was by me 
 sworn ((^r affirmed) to testify the whole truth of his (or her) knowledge, 
 touching the matter in controversy in the cause aforesaid ; that deponent 
 was examined and his (or her) examination reduced to writing, by (here 
 name the person) who is neither of the parties, attorney of either, or in any 
 wise interested in the event of the suit, and after being by me carefully read 
 over to the said deponent, the same was sworn to and subscribed by the said 
 deponent in my presence, on the (here give the date) between the hours of — 
 a. m., and — p. m., of said day at (here msert the place, county and state.) 
 Given and certified (here give the date) under my hand and official seal, this 
 day of 188 — ." If the officer has a seal it must be affixed. 
 
 Then proceed with other depositions (if any) in the same form, annexing 
 a like certificate to each. 
 
 When all the witnesses who appear have been sworn and examined and 
 their depositions reduced to writing, subscribed, and certified to as above, 
 the officer will attach to the depositions all papers and exhibits, proved or 
 referred to in the examination, the commission and notice (herewith en- 
 closed) with the following certificate, endorsed thereon, or attached thereto. 
 
 State of . } 
 
 County of . ^"' 
 
 "I (name the officer and style of office) within and for (name the place) 
 or duly commissioned for that purpose, do certify that in pursuance of the 
 within (or annexed) commission and notice, came before me, at (the place 
 where the testimony was taken), N. O., P. Q. &c., (here insert the names of 
 all witnesses) who were by me sworn and examined, and such examination 
 reduced to writing by (name the jierson) who is neither one of the parties, 
 their attorney, or in any wise interested in the event of this suit, and after 
 ))eing by me read over to each of said witnesses, the same was sworn to and 
 subscribed by said witnesses respectively, in my presence, and their .said de- 
 I)Ositions are now herewitli returned. Given mider my hand and official .seal, 
 hereto affixed at (name of place, county and state) this (give the date)." 
 
 [Iowa. 13.1
 
 IOWA. 275 
 
 The return must be accompanied by a certificate of the official character 
 ■of the officer, when the depositions are taken by any judge, notary public, or 
 
 justice of the peace, attested by the seal of the state of or l>y the seal 
 
 of any court of record, of the county and city whereui such deposition shall 
 be taken, which may be in the following form : 
 
 "It is hereby certified, that on (here insert the date on which the 
 
 depositions are taken and certified) • was and now is (state the style of 
 
 office) commissioned and acting as such, and that full faith and credit are 
 ■due to his acts as such. 
 
 In testimony whereof I, A. B. (here state the 
 (L. S.) style of ollice) have hereunto subscribed my 
 name, and affixed the seal of said court, at 
 office, this day of eighteen hun- 
 dred and •. 
 
 A. B. .' 
 
 The officer taking the depositions is required to enclose in a strong en- 
 velope, securely sealed, the depositions, i)apers, and exhibits, commission, 
 
 notice and certificates and direct the same to the clerk of the court of 
 
 county Iowa, noting on some convenient part of the envelope 
 
 the style of the cause and contents, thus : 
 
 vs. > Depositions on part of . 
 
 If the packet is to be transmitted by mail it will be necessary to enclose it 
 
 (directed and endorsed as above) in another envelope, directed to in 
 
 order to insure its being taken out of the post-office. 
 
 The depositions must be begun on the day mentioned in the notice. If 
 they cannot be completed on that day, the taking of them may be adjourned 
 to the succeeding day, at the same place, ami between the same hours. The 
 pers(jn taking them should, in such case, make the following entry closing 
 the business for that day, viz. : 
 
 Not being able to complete the taking of said depositions, by reason that 
 (here insert the reason) I adjourn the further taking of the same until to- 
 morrow, then to be continued at the same place and between the same hours, 
 mentioned in the annexed notice. 
 
 P. F. . 
 
 On the succeeding day let the person taking the depositions, commence as 
 follows : 
 
 Pursuant to the adjournment as above stated, on day of 
 
 the year eighteen hundred and , between the hours of in the fore- 
 noon, and in the afternoon, at the I continue the taking of said 
 
 depositions, as follows : 
 
 N. O., in continuence of his deposition commenced yesterday, on his oath, 
 further says, etc. 
 
 The foregoing directions must be strictly observed, or the depositions will 
 •be unavailing. 
 
 If the officer taking the deposition has a seal of office, it must be affixed 
 to every certificate. 
 
 The officer taking the deposition must write out each interrogatory in full, 
 and insert the answer just below the proper question. 
 
 Executions. — Executions may issue at any time before the judgment is 
 barred by the statute of limitation, and but one execution can be in existence 
 at the same time. Upon the rendition of judgment execution may at once 
 issue, and must be issued by the clerk on demand of the party entitled 
 thereto. Judgments, bank bills, and other things in action may be levied 
 upon and sold. After the rendition of judgment any person indebted to the 
 [Iowa. 14]
 
 276 IOWA. 
 
 defendant in execution may pay to the sheriff the amount of such indebted- 
 ness, or so much thereof as is necessary to satisfy the execution, and the 
 sheriffs receipt is a suflBcient discharge therefor. In proceedings by garnish- 
 ment on execution the garnishee is served as in case of attachment. An offi- 
 cer is bound to levy an execution on any personal property in possession of, 
 or that he has reason to believe belongs to the defendant, or ou which the 
 plaintiff directs him to levy, unless he has received notice in writing from 
 some other person, his agent, or attorney, that such property belongs to him, 
 or if after levy he receive such notice, such officer may release the property, 
 unless bond is given ; but the officer is protected from all liability for the 
 levy until he receives such written notice. (See Stay of Execution, separate 
 title.) The sheriff must give four week's notice of time and place of sale of 
 real property, and three weeks notice of sale of personal property. The sale 
 must be at public auction. The defendant may redeem real property at any 
 time within one year from the day of sale, and is in the meantime entitled 
 to the possession of the property, but the defendant is not entitled to redeem 
 in any action where he has taken an appeal from the district court or stay of 
 execution on the judgment. For the first six months after sale his right to 
 redeem is exclusive, but if no redemption is made by him at the end of that 
 time, any creditor of the defendant, whose demand is a lien upon the real 
 estates may redeem the same at any time within nine months from the day of 
 sale. Any creditor whose claim becomes a lieu, prior to the expiration of the 
 nine months may redeem. A mortgagee may thus redeem before or after the 
 debts secured by the mortgage fulls due. Creditors having the right of re- 
 demption may redeem from each other. The mode of making redemption is 
 by paying the money into the clerk's office for the use of the persons thereto 
 entitled. The persons so redeeming, if not defendant in execution, must 
 also file his affidavit, or that of his agent or attorney, stating as nearly as 
 practicable the amount still unpaid and due on his claim, if defendant or 
 his assignee fail to redeem, the sheriff must, at the end of the year, execute 
 a deed to the person entitled to the certificate. 
 
 Executors. — A married woman may act as executor independently of her 
 husband. Every executor or administrator, before entering on the discharge 
 of his duty must give a bond in such penalty as may be required by the 
 court, to be approved by the clerk, conditioned for the faithful discharge of 
 his duties. He must also take and subscribe an oath the same in substance 
 as the condition of his bond, and the oath and bond must be filed with the 
 clerk. The clerk then issues letters testamentary. AVithin ten days after 
 the receipt of the letters the executor must publish such notice of his ap- 
 pointment as the court or the clerk may direct, and this direction is indorsed 
 on the letters when issued. The rules applying to executors and administra- 
 tors as to their duties are the same. Within fifteen days after his appoint- 
 ment the executor must make and file with the clerk an inventory of all the 
 personal effects of the deceased of every description, which has come to his 
 knowledge, and a list of all book accounts which appear by the books or 
 papers of the deceased to be unsettled. When the deceased leaves a widow, 
 all personal property which in his hands, as the head of a family, would be 
 exempt from execution after being inventoried and appraised, is set apart to 
 her as her property in her own right, and is exempt, in her hands as in the 
 hands of the decedent. The avails of any life insurance or any other sum of 
 money made payable by any mutual or benevolent society upon the death of 
 the member, are not sulbject to the debts of the deceased except upon special 
 (•(mtract or arrangement, and are in other respects to be disposed of like 
 other property left by the deceased. All property inventoried by the execu- 
 tor must be ai)i>raised by three appraisers, who are appointed immediately 
 on the filing of the inventory. When a person by his will makes such a dis- 
 position of his effects as to prejudice the rights of creditors, the will may be 
 sustained by giving security to the satisfaction of the court for the payment 
 of the claims of the creditors, to the extent of the value of the property 
 devised. If there be no heir or devisee present and competent to take pos- 
 
 [lowa 15.]
 
 IOWA. 277 
 
 session of the real estate, the executor takes possession, and demands and 
 receives the rents and i)rufits, and does all other acts relating thereto which 
 may be for the benefit of the persons entitled to such real estate. The ex- 
 ecutor or administrator, under the order and direction of tlie court, may apply 
 the profits of such real estate to the iiayment of all taxes and all debts and 
 claims against tlie estate of the deceased in case the personal assets are in- 
 sufliciont. Claims against the estate must be clearly stated, sworn to and 
 filed, and ten days' notice of hearing thereof, accompanied by a coi)y of tlie 
 claim served on one of the executors in the manner required for commencing 
 original proceedings, unless the same have been approved by the executor or 
 administrator. In such case they may be allowed by the clerk without 
 notice. Demands, though not yet due, may be presented, approved and 
 allowed as other claims. Contingent liabilities must also be presented and 
 approved or the executor will be under no obligation to make any provision 
 for satisfying them when tliey may afterwards accrue. As soon as the ex- 
 ecutor is possessed of svithcient means over and above the expenses of 
 administration he must pay off the charges of the last sickness and funeral 
 of deceased ; next he must pay any allowance which may be made by the 
 court for tlie maintainance of the widow and minor children. Other demands 
 against the estate are payable in the following order . 1st, Debts entitled to 
 preference under the laws of the United States. 2d. Public rates and taxes. 
 3d. Claims filed within six months after the first publication of the notice 
 given by the executors of their appointment. 4th. All other debts. 5th. Lega- 
 cies. All claims of tlie fourth of the al)ove classes not filed and approved 
 within twelve months of the giving of the notice aforesaid, are barred 
 unless the claim is pending in the district or supreme court, or unless pecu- 
 liar circumstances entitle the claimant to et^uitable relief. After the expira- 
 tion of the time for filing the claims of the third of the above classes, the 
 ■executor must proceed to pay off all claims against the estate in the order 
 above stated, as fast as means for so doing come into his hands. Claims of 
 the fourth class may be paid off at any time after the expiration of six 
 months, without any regard to those claims not filed at the time of such pay- 
 ment. No payment can be made to the claimant in any one class until those 
 in the previous class are satisfied. Demands not yet due must be paid off if 
 the holder will consent to such a rebatement of interest as the court thinks 
 reasonable, otherwise the money to which such claimant would be entitled 
 is to be safely invested until his debt becomes due. Within their respective 
 classes debts must be paid off in the order in which they are filed, unless 
 there are n(jt likely to be means sufficient to pay off the debts of any one 
 class ; for in that case the court from time to time strikes a dividend of the 
 means on hand among all the creditors of that class, and the executor has to 
 pay the several amounts accordingly. 
 
 Exemptions. — The homestead of every family, whether owned by the 
 husband or wife, is exempt from judicial sale. A widow or widower, though 
 without children, is deemed a family while continuing to occupy the house 
 used as such at the time of the death of the husband or wife. The home- 
 stead is subject to mechanic's liens for work, labor or material done or fur- 
 nished exclusively for the improvement of the same, and the whole or a suf- 
 ficient portion thereof may be sold therefor. The homestead may be sold 
 on execution for debts contracted prior to its purchase, but it cannot in such 
 case be sold except to supply the deficiency remaining after exhausting the 
 other property of the debtor liable to execution. It may be sold for debts 
 created by written contract expressly stipulating that the homestead is liable 
 therefor, but it cannot in such case be sold except to supply the deficiency 
 remaining after exliausting the other property pledged for the payment of 
 the debt in the same written contract. It must embrace the house used as a 
 home by the owner, and if he has two or more houses thus used at different 
 times and places, he may select which he will retain as his homestead. It 
 may contain one or more lots or tracts of land witli the buildings thereon 
 and their appurtenances, but must in no case embrace different lots and 
 [Iowa 16.]
 
 278 IOWA. 
 
 tracts unless they be contiguous or unless habitually or in good faith used as 
 a part of the same homestead. If within a town plat it must not exceed 
 one-half an acre in extent, and if not within a town plat it must not embrace 
 in the aggregate more than forty acres, but if when tlius limited, in either 
 case, its value is less than five hundred dollars, it may be enlarged until its 
 value reaches that amount. 
 
 If the debtor is a resident of this state, and is the head of a family, he 
 holds exempt from execution tlie following property : 1st. All wearing ap- 
 parel of himself and family kept for actual use and suitable to their condi- 
 tion, and the trunks or other receptacles necessary to contain the same. 2, 
 One musket or ritie and shot gun. 3. All private libraries, family bibles,, 
 portraits, pictures, musical instruments and paintings not kept for the pur- 
 pose of sale, 4. The seat or pew occupied by the debtor or his family in any 
 house of public worship. 5. An interest in a public or private burying 
 ground not exceeding one acre for any defendant. 6. Two cows and a calf. 
 7. One horse, unless a horse is exempt as hereinafter stated. 8. Fifty sheep 
 and the wool therefrom, and the matters manufactured from such wool. 9, 
 Six stands of bees. 10. Five hogs, and all pigs under six months old. 11. 
 The necessary food for all animals exempt from execution for six months. 
 12. AH flax raised by the defendant on not exceeding one acre of ground 
 and the manufactures therefrom. 1-3. One bedstead and the necessary bed- 
 ding for every two in the family. 14. All cloth manufactured by the defen- 
 dant not exceeding one hundred yards in quantity. 15. Household and 
 kitchen furniture not exceeding two hundred dollars in value. 16. All spin- 
 ning wheels and looms. 17. One sewing machine and other instruments 
 of domestic labor kept for actual use. 18. The necessary provisions and 
 fuel for the use of the family for six months. 19. The proper tools, instru- 
 ments or books of the debtor if a farmer, mechanic, surveyor, clergymen, 
 lawyer, physician, teacher or professor. 20. The horse or the team consist- 
 ing of not more than two horses or mules, or two yoke of cattle, and 
 the wagon or other vehicle with the proper harness or tackle, by the use of 
 which the debtor if a physician, public officer, farmer, teamster, or other 
 laborer habitually earns his living. 21. The printing press of a printer and 
 the types, furniture and material necessary for the use of such printing press 
 and the newspaper office connected therewith, not to exceed in all the value 
 of twelve thousand dollars. 
 
 Any person entitled to any of the exemptions mentioned in this section 
 does not waive his right thereto by failing to designate or select such exempt 
 property, or by failing to object to a levy thereon imless failing or refusing 
 so to do when required to make such designation or selection by the officers 
 about to levy. If the debtor be a seamstress, one sewing machine is exempt 
 from execution and attachment. The word "family" does not include 
 strangers or boarders lodging with the family. The earnings of the debtor 
 for his personal service or those of his family at any time within ninety days 
 next proceeding the levy are also exempt from execjution and attachment. 
 There is exempt to an unmarried person, not ths head of a family, and to 
 non-residents, their own ordinary wearing apparel and trunk necessary to 
 contain it. Where the debtor, if the head of a family, has started to leave 
 the state, h© has exempt only the ordinary wearing apparel for himself and 
 family, and such other jiroperty in addition as he may select, in all not ex- 
 ceeding seventy-five dollars in value. Any person coming into this state, with 
 the intention of remaining, is considered a resident within the meaning of the 
 exemption law. None of the exemptions stated are allowed against an exe- 
 cution issued for the purchase money of property claimed to be exempt, and 
 on which such execution is levied. "When a debtor absconds and leaves his 
 family, the property enumerated under this title is exempt in the hands of 
 the wife and children or either of them. 
 
 Interest. — The rate of interest is six per cent, on money due ])y express 
 contract, money after the same becomes due, money loaned, money received 
 to the use of another and retained beyond a reasonable time without the 
 
 [Iowa. 17]
 
 .^OWA. 279 
 
 owners consent, express or implied ; money due on a settlement of matured 
 accounts from the day the balance is ascertained; money due upon open ac- 
 counts after six months from the date of the last item, and money due or to 
 become due where there isacontra(;t to pay interest and no rate is stipulated, 
 but in all eases parties may agree in writing for the payment of interest not 
 exceeding ten per cent. Interest is allowed on all moneys due on judgment 
 or decree in any comi>otent court or tribunal at the rate of six per cent, 
 unless a different rate is fixed by the contract on which the judgment or de- 
 cree is rendered, in which case the judgment or decree draws interest at the 
 rate expressed in the contract, not exceeding ten per cent., which rate must 
 be expressed in the judgment or decree. 
 
 Judgments. — Judgments in the supreme and district courts of this state 
 are liens upon the real estate owned by the defendant at the time of their 
 rendition, and also upon all they may subsequently acquire for the period of 
 ten years from the date of the judgment. When the lands lie in the county 
 in which the judgment is rendered the lien attaches from the date of the 
 rendition. If the land lie in another county the lien does not attach until an 
 attested copy of the judgment is filed in the office of the clerk of the district 
 court of the county in which the land lies. Judgments in the district or cir- 
 cuit courts of the United States, if rendered in this state, may be made liens 
 upon the real estate owned by the defendant, and also upon all he may sub- 
 sequently acquire for the period of ten years from the date of the judgment, 
 by filing an attested copy of the judgment in the office of the clerk of said 
 district court of the county in which the land lies, and no lien shall attach to 
 the lands in any county of this state until the date of the filing of said 
 transcript, except in the county where the judgment was rendered, in which 
 case the lien attaches from the date of the judgment. The party obtaining 
 a judgment in a justices' court for more than ten dollars may cause a tran- 
 script thereof to be certified to the office of the clerk of the district court of 
 county, and the clerk must forthwith file such transcript and enter a memor- 
 andum thereof in his judgment docket, noting the time of filing the same, 
 and from the day of such filing it is considered in all respects as a judgment 
 rendered in the district court on that date, and no execution can thereafter 
 issue by the justice on the judgment. 
 
 Liens. — Personal property transported by, or stored or left with anyware- 
 houseman. forwarding or commission merchant, or other depository, express 
 company or carriers, is subject to a lien for just and lawful charges on the 
 same, and for the transportation advances and storage thereon. Keepers of 
 livery and feed stables, herders and feeders, and keepers of stock for hire, 
 have a lien on all stock and property coming into their hands as such, for 
 their proper charges and for the expense of keeping when the same have 
 been received from the owner or from any person, but this lien is subject to 
 all prior liens of record. All hotel, inn, or eating house keepers have a lien 
 upon and may take and retain possession of all baggage and other property 
 l>elonging to or under the control of their guests which maybe in such hotel, 
 inn, or eating house, for the value of their contents, accommodations and 
 keep, and for all money paid for or advanced to and for such extras and other 
 things as shall be furnished such guest, and such property so retained is not 
 exempt from attachment or execution to the amount of the proper and rea- 
 sonable charges of such hotel, inn. or eating house keeper against such 
 guest and the cost of enforcing the lien thereon. Any raft found in the 
 waters of this state is liable for all debts ccmtracted by the owner, agent, 
 clerk, or pilot thereof, on account of work done or services rendered for such 
 raft. Claims growing out of either of the above causes are liens upon the 
 raft, its tackle and appendages for the term of twenty days from the time 
 the right of action therefor accrued. The action may be brought directly 
 against the raft. Property attached otherwise than by garnishment is bound 
 thereby from the time of the service of the attachment only. The ])laintift' 
 who has levied an attachment, or who is plaintiff in execution against a per- 
 [lowa. 18]
 
 280 IOWA. 
 
 son who owns property jointly or in common with another, or who is a mem- 
 ber of a jjartuership, has a lien on the interests of the defendant therein from 
 the time such i>roperty is taken possession of by the officer, sufficiently to 
 enable him to inventory and ai^praise the same, and the plaintiff may either 
 before or after he obtains judgment in the action in which the attachment 
 issued, commence an action by equitable proceedings to ascertain the nature 
 and extent of such interest, and to enforce the lien, and if deemed necessary 
 or proper, the court or judge may appoint a receiver. No writ of execution 
 is a lien on personal property before the actual levy thereof. The plaintiff 
 in execution has a lien on the interest of the defendant who owns i^roperty 
 jointly or in common, or in partnership with another, from the time the offi- 
 cer levies on and takes possession of the property so owned, sufficiently to 
 enable him to appraise and inventory the same, and he may commence an 
 action by eipiitable proceedings to ascertain the nature and extent of such 
 interest and to enforce the lien, and if deemed necessaiy or proper, the court 
 or judge may appoint a receiver. The lien of a judgment does not attach 
 to property which is exempt from sale on execution thereunder, and has been 
 so held in the case of a homestead. A landlord has a lien for his rent upon 
 all crops grown vipon the demised premises and upon any other personal 
 property of the tenant which has been used on the premises during the term, 
 and not exempt from execution, for the period of one year after a years' rent 
 or the rent of a shoi'ter period falls due, but such lien does not in any case 
 continue more than six months from the expiration of the term. No person 
 is entitled to a mechanics' lien who, at the time of executing or making the 
 contract for furnishing material or performing labor, or during the progress 
 of the work, erection, building, or other improvement, has taken any collat- 
 eral security on such contract, but after the comijletion of such work, and 
 when the contractor or any other person shall have become entitled to claim 
 or have a lien, the taking of collateral or other security does not affect the 
 right to such mechanic's lien. Every mechanic or other person who does 
 any labor upon or furnished any material, machinery or fixtures for any build- 
 ing, erection or improvement upon land, including those engaged in the con- 
 struction or repair of any work of internal improvement, by virtue of any 
 contract with the owner, lus agent, trustee, contractor or sub-contractor, 
 upon complying with certain formalities, has, for his labor done or materials, 
 or machinery or fixtures furnished, a lien upon such building, erection or im- 
 provement, and upon the land belonging to such owner on which the same is 
 situated to secure the payment of such labor done, or materials, or machin- 
 ery, or fixtures furnished. The entire land upon which the building, etc., is 
 situated, mcluding that portion of the same not covered therewith, is subject 
 to the lien to the extent of all the right, title and interest owned therein by 
 the owner of the property, for whose improvement, use or benefit the labor 
 "Was done or things furnished. Every person, whether contractor or sub- 
 contractor, who wishes to preserve his lien, must file with the clerk of the 
 district court in the county in which the building, etc., is situated, a state- 
 ment or account of the demands due him, after allowing credits, setting forth 
 the time when the material was furnished or labor performed, and when com- 
 pleted ; ami containing a correct description of the property to be charged 
 with the lien, and verified by affidavit. This verified statement or account 
 must be filed by the principal contractor within ninety days, and by the sub- 
 contractor within thirty days from the date on which the last of the material 
 was furnished or last of the labor was performed, but a failure or ommission 
 to file the same withhi these two periods does not defeat the lien, except as 
 against ])urchasers <u" encumbrances in good faith without notice, whose 
 rights accrued after the thirty or ninety days, as the case may be, and before 
 any claim fur the lien was filed. 
 
 Limitations. — The; following actions may be brought within the times 
 hereafter limitcil respectively, after their causes acci-ue, and not afterwards, 
 to wit : 1st. Actions founded on injuries to the person, or reputation, whether 
 based on contract or tort, or for a statute penalty, within two years ; 2d. 
 
 [Iowa. 19.]
 
 IOWA. 281 
 
 Actions to enforce a mechanics' lien, -within two years from tlie time of the 
 •filing of tlie statement in tlie clerk's office ; 8(1. Actions against a sheriff or 
 other public officer, growing out of a liability incurred by the doing of an act 
 in an official capacity, or by the omission of an official duty, including tlie 
 nou-i)ayment of money collected on execution, within three years ; 4th. Ac- 
 tions founded on unwritten contracts, those brought for injuries to property, 
 or for'relief on the grovind of fraud, in cases heretofore cognizable in a court 
 of chancery, and all other actions not otherwise enumerated, under this title 
 of limitations must be brought within five years ; 5th. Actions founded on 
 written contracts, on judgments of any courts except ct)urts of record, Iowa, or 
 any other state, or of the federal courts of the Uniteil States, must be brought 
 within ten years, and also actions for the recovery of real property ; 6th. 
 Actions founded on a juilgment of a court of record, whether of this or any 
 otlier of the United States, or of the federal courts of the United States 
 within twenty years. Any actions for relief on the ground of fraud or mis- 
 take, or any actions for trespass to property, the cause of action is not 
 deemed to have accrued until tlie fi'aud, mistake or trespass complained of, 
 be discovered by the p;irty aggrieved. "When there is a continuous open cur- 
 rent account, tlie cause of action is deemed to have accrued on the date of 
 the last item therein, as proved on the trial. When the cause of action has 
 been fully barred by the laws of any country where the defendant has pre- 
 viously resided, such bar is the same defense here, as though it had origin 
 under ourstatute of limitations, unless the cause of action arose within this 
 state. Causes of action founded on contract, are revived by an admission that 
 the debt is unpaid, as well as by a new promise to pay the same, but such 
 admission or new promise must be in writing, signed by the party to be 
 charged thereby. A counter claim may be pleaded as a defence to any cause of 
 action, notwithstanding the same is barred by any statute of limitations in 
 this state, if such counter claim so pleaded was the property of the party 
 pleading it, at the time it became barred, and the same was not barred at the 
 time the claim sued or originated. 
 
 Married Women. — Married women may convey or encumber any real es- 
 tate or interest therein belonging to them, and may control the same or con- 
 tract with reference thereto, to the same extent and in the same manner as 
 other persons. Every conveyance made by a husband and wife jointly is 
 deemed sufficient to pass any and all right of either in the property, unless 
 the contrary appears on the face of the conveyance. In cases where either a 
 husband or wife joins in the conveyance of real property owned by either, 
 the husband or wife so joining is not bound by the covenants of such convey- 
 ance, unless it is expressly so stated on the face thereof. A married woman 
 may own in her own right, real and personal property acquired by descent, 
 gift, or purchase, and manage, sell, convey or devise the same by a will to 
 the same extent and in the same manner that the husband can property fall- 
 ing to him. When property is owned by either the husband or wife, the 
 other has no interest therein which can be the subject of contract between 
 them, or such interest as will make the same liable for the contracts or lia- 
 bility of either the husband or wife, who was not the owner of the property, 
 except as hereafter stated under this title. Should either the husband or 
 wife obtain possession or control of property belonging to the other, either 
 before or after marriage, the owner of the property may maintain an action 
 therefor, or for any right growing out of the same, in the same manner and 
 to the same extent as if they were unmarried. For all civil injuries com- 
 mitted by a married woman, damages may be recovered from her alone, and 
 her husband is not responsible therefor, except in cases where he would be 
 jointly responsible with her if the marriage did not exist. A conveyance, 
 transfer or loan, executed by either husband or wife, to or in favor of the 
 other, is valid to the same extent as between other persons. A wife may re- 
 ceive the wages of her jjersonal labor, and maintain an action therefor in her 
 own name, and hold the same in her own right ; and she may prosecute and 
 defend all actions at law or in equity, for the preservation or protection of 
 
 llowa 30.1
 
 282 IOWA. 
 
 her rights and property as if unmarried. Neither husband nor wife is liable 
 for the debts or liabilities of the other, incurred before marriage, except as 
 stated under this title ; they are not liable for the separate debts of eacli 
 other, nor are the wages, earnings, or property of eitlier, nor is the rent or 
 income of such property liable for the separate debts of the other. Contracts 
 may be made by tlie wife, and liabilities incurred and the same inforced by or 
 against her to the same extent, and in the same manner as if she were un- 
 married. The expenses of the family and the education of the children, are 
 chargeable upon the i^roperty of both husband and wife, or on either of them, 
 and in relation thereto, they may be sued jointly or separately. A married 
 woman may, iii all cases, sue or be sued without joining her husband with 
 her, to the same extent as if she were unmarried ; and an attachment or 
 judgment in such action is enforced by or against her, as if she were a single 
 woman. If husband and wife are sued together, the wife may defend for 
 her own right, and if either neglect to defend, the other may defend for 
 such one also. 
 
 Mechanics' Liens. — ( See Liens. ) 
 
 Mortgages. — No instrument conveying real estate is of any validity against 
 subsequent purchasers for consideration without notice, unless recorded 
 in the office of the recorder of the county in which the land lies, and is not 
 deemed lawfully recorded unless it has been previously acknowledged or 
 proved. The assignment of the note, secured by mortgage, carries the mort- 
 gage with it as incidental. An action on a note given with a mortgage or 
 deed of trust, for the foreclosure of the same, is by equitable proceedings. 
 A mortgagor has one year from the time of the sale within "which to redeem^ 
 (See Deeds.) 
 
 Notes and Bills. — Notes are negotiable by endorsement and delivery, in 
 the same manner as inland bills of exchange, according to custom of the mer- 
 chants. The payee may maintain an action against the maker, and any per- 
 son to whom the note is indorsed or delivered, may maintain an action in his 
 own name, against the maker or indorser, or both of them. Bonds, due 
 bills, and all statements in writing, by which the maker i)romises to pay to 
 another, without words of negotiability, a sum of money, or by which he 
 promises to i)ay a sum of money in property or labor, or to pay or deliver 
 any property or labor, or acknowledges any money or labor, or property to be 
 due, are assignable by indorsement thereon, or by other writing, and the as- 
 signee has a right of action in his own name, subject to any defense or counter 
 claim which the maker or debtor had against any assignor thereof before no- 
 tice of his assignment. Instruments by which the maker promises to pay a 
 sum of money in property or labor, or to pay or deliver property or labor, or 
 acknowledges property or labor or money to be due to another, are negoti- 
 able instruments with all the incidents of negotiability, whenever it is mani- 
 fest from their terms that such was the intent of the maker; but the use of 
 the technical words "Order" or "Bearer," alone will not manifest such 
 intent. When by the terms of an instrument, its assignment is prohil)ited, 
 an assignment nevertheless is valid, but the maker may free himself of any 
 defence or counter claim against the assignees, which he may have against 
 any assignees thereof before suit is commenced. An open account of sums 
 of money due on contract, may be assigned, and the assignee will have the 
 right of action in his own name, but subject to the same defenses and coun- 
 terclaim, as the instrument before mentioned. The assignee of any of the 
 above instrumentsof negotiability is liable to the action of hisa.ssignee with- 
 out notice. The blank indorsement of an instrument for the payment of 
 money, property or labor, by a person not a payee, indorsee, or assignee 
 thereof, is deemed a guarantee of the performance of the contract. To charge- 
 such guarantor, notice of the ncm-payment by the i)rincipal must be given 
 within a reasonable time, but the guarantor is chargeable without notice if 
 the holder show that the guarantor has received no detriment from the want of 
 
 Iowa. 21.]
 
 IOWA. 283 
 
 notice. A jj;aaraiitorisalsoliablctoanactionof the indorsee, assifpiec, orpayec, 
 ii" due diligence in the in.stitution and proseeutiou of the suit aj^ainst the maker 
 or his representatives has been used. Grace is allowed upon neu^otiable bill* 
 and notes, payable within this state, according to tlio principles of the 
 law -merchant, and notice of non-acceptance or non-payment, or both, of such 
 instrument, is required according to the rules and principals of the commer- 
 cial law. All bills of exchange, drafts and orders, payable within this state, 
 excei)t those drawn payable on demand, are entitled to grace. A demand at 
 any time during the days of grace is sufficient for the puri)ose of charging 
 the endorser. Sunday, the first day of January, the thirtieth day of May, 
 the fourth day of July, twenty-fifth day of December, and any day appointed 
 or recommended by the governor of this state, or by the President of the 
 United States, as a day of fast or of thanksgiving, are regarded as holidays 
 for all purposes relating to the presenting for jjuyment or acceptance, and 
 the protesting and giving notice of the dishonor of bills of exchange, bank 
 checks and promissory notes, and any bank or commercial paper falling due 
 on any of the days named, is considered as falling due on the preceding day. 
 In case of the demand of payment of any promissory note, bill of exchange, 
 or other commercial pajjer by a notary public, and the refusal by the maker, 
 drawer, or acceptor, as the case may be, the notary making such demand 
 may inform the indorsee of any party to be charged, if in the same town or 
 townshii), by a notice deposited in the nearest post-office to the parties to be 
 charged on the day of demand, and no other notice is necessaiy to charge 
 said party. The rate of damages to be allowed and paid upon the non-ac- 
 ceptance or non-payment of bills of exchange drawn or indorsed, in this sate, 
 when damage is recoverable, is as follows : If the bill ]>e drawn upon a per- 
 son out of the United States, or in California, Oregon, or Nevada, or any of 
 the territories, five per cent, upon the principal specified in the bill, with 
 interest on the same from the time of the i)rotest. If drawn upon a i)erson 
 at any other place in the United States other than in this state, three per- 
 cent, with interest. When the holder of an instrument for the payment of 
 money, is absent from the state when it l>ecomes due, and when the indorsee 
 or assignee of such instrument has not notified the maker of such indorse- 
 ment or assignment, the maker may tender payment at the last residence or 
 place of business of the payee, before the instrument became due ; and if 
 there be no person authorized to receive payment and give the proper credit 
 therefor, the maker may deposit the amount due with the clerk of the dis- 
 trict court in the county where the payee resided at the time it became due, 
 paying the clerk (me i)er cent, on the amount deposited, and the maker is not 
 liable for any interest from that time. 
 
 Stay of Execution. — On all judgments for the recovery of money, except 
 those rendered in any court on an appeal or writ of error thereto, or against 
 any officer, person or corporation, or the sureties of any of them, for mcmey 
 received in a fiduciary capacity, or for the breach of any official duty, there 
 may be a stay of execution if the defendant therein shall, within ten days 
 from the entry of Judgment, procure one or more sufficient freehold sureties 
 to enter into a bond acknowledging themselves security for the i)ayment of 
 the judgment, interest and costs from the time of rendering the judgment 
 until paid, as follows: 1st. If the sum for which the judgment was ren- 
 dered, exclusive of costs, does not exceed one hundred dollars, three numths. 
 2d. If such sum and costs exceed one luuidred dollars and costs, six months. 
 All judgments bear interest at the rate of ten per cent, per annum, on which 
 stay is taken. Officers approving stay bonds must require the affidavit of 
 the signers of such bond, that they own real estate not exempt from execu- 
 tion and unincumbered, to the value of twice the amount of the judgment. 
 No appeal is allowed after such stay has been obtained, nor can a stay be 
 taken on a judgment against one who is surety in the stay of execution, and 
 such stay is iiot allowed to any judgment by a laboring man or mechanic for 
 his wages. The surety for the stay of execution may be taken and approved 
 by the clerk, ana the bond must be recorded in a book kept for that pun^ose^ 
 (Iowa. 22
 
 284 row A. 
 
 and has the force and effect of a judgment confessed from the date thereof 
 a,gamst the property of the sureties, and the clerk must enter and index the 
 same in the proper judgment docket, as in the case of other judgments. 
 When the surety is entered after execution issued, the clerk must immedi- 
 ately notify the sheriff of the stay, and he must forthwith return the execu- 
 tion with his doings thereon. All property levied on before stay of execvi- 
 tion, and all written undertakings for the delivery of personal property to 
 the sheriff, must be relinquished by the officer upon stay of execution being 
 entered. At the expiration of the stay, the clerk must issue joint execution 
 .against the property of all the judgment debtors and sureties, describing 
 -them as debtors or sureties therein. When any court renders judgment 
 against two or more persons, any of whom is surety for any other in the con- 
 tract on which judgment is founded, there is no stay of execution allowed 
 if the surety object thereto at the time of rendering the judgment, where- 
 upon it must be ordered by the covirt that there be no stay unless the surety 
 for the stay of execution will undertake specifically to pay the judgment in 
 «ase the amount thereof cannot be levied of the i:)rincipal defendant. Any 
 surety for the stay of execution may file with the clerk an affidavit stating 
 that he verily believes that he will be liable for the judgment, interest and 
 costs thereon, unless execution issue immediately, and the clerk must there- 
 upon issue execution forthwith, vmless other sufficient surety be entered 
 before the clerk, as in other cases. If other sufficient surety be entered, it 
 has the force of the original surety entered before the filing of the affidavit, 
 and discharges the original surety. Where stay of execution has been 
 taken, it does not release any judgment lien by virtue of the original judg- 
 ment for the amount then due. The officer holding the said execution must 
 return thereon what amount was made from the principal debtor, and how 
 mucli from the surety. 
 
 Trust Deeds. — Deeds of trust of real or personal property may be execu- 
 ted as securities for the performance of contracts, and are considered as and 
 foreclosed like mortgages. No deed of trust or mortgage of real estate, with 
 ^r without power of sale, can be foreclosed in any other manner than by ac- 
 tion in court by equitable proceedings. 
 
 [Iowa. 2S]
 
 IOWA. 
 
 285. 
 
 ATTORNEYS IN IOWA. 
 
 Bold Face Type denotes county seats. A dash (— ] 
 Figures after names ■when admitted to the Bar. 
 A double dagger (J) our Compiler of Laws. 
 A dagger (f) former recommendations withdrawn. 
 
 less than 100 population. 
 A star (*) Notaries Public. 
 
 PLACK 
 
 COUNTY. 
 
 Ackley 
 
 Hardin 
 
 Adair 
 
 Adair 
 
 Adel 
 
 Dallas 
 
 Afton 
 
 Union 
 
 Albia 
 
 Monroe 
 
 Algona 
 
 Kossuth 
 
 Allison 
 
 Butler 
 
 Ames 
 
 Story 
 
 Anamosa 
 
 Jones 
 
 Anita 
 
 Cass 
 
 Atlantic 
 
 Cass 
 
 Audubon 
 
 Audubon 
 
 Avoca 
 
 Pottawattamie 
 
 Bedford 
 
 Taylor 
 
 Belle Plain 
 
 Benton 
 
 Belleviie 
 
 Jackson 
 
 Bloomfield 
 
 Davis 
 
 Boonesborough 
 
 Boone 
 
 Boone 
 
 Boone 
 
 Brooklyn 
 
 Poweshiek 
 
 Burlington 
 
 Des Moines 
 
 Callmar 
 
 Winneshiek 
 
 Carroll 
 
 Carroll 
 
 Carson 
 
 Pottawattamie 
 
 Cedar Falls 
 
 Black Hawk 
 
 NAMES OF ATTORNEYS. 
 
 POPULA'N.. 
 
 John Eiler. 
 
 J. M. Moore. 
 
 North & Nichols. 
 
 (See Creston.) 
 
 J. M. Townsend. 
 
 A. F. Call. 
 
 W. A. Lathrop. 
 
 George A. Underwood. 
 
 Remley & Eranbrack. 
 
 James E. Bruce. 
 
 ROCKAFELLOW (J. B.) & 
 SCOTT (J. H.), 
 
 E. E. Bryrum. 
 
 FREMONT BENJAMIN, '81, 
 
 ^V. E. Crum. 
 
 J. J. Mosuat. 
 
 J. Kelso. 
 
 Amos Steckle. 
 
 J. C. Power. 
 
 E. L. GREEN, '75. 
 
 J. T. Scott. 
 rLA MONTE COWLES, 
 ) 25 Parsons Block. 
 
 1 W. B. CULBERTSON, '56, 
 I 209 Washington St. 
 
 J. B. Kaye. 
 
 Thos. F. Barbee. 
 
 (See Avoca.) 
 
 Hemenway & Grundy. 
 
 Cedar Rapids. Lynn County. Population, 15,426. 
 
 Blake Ti8 & Hormel '70, 41 S. 2d St. 
 COOPER & CRISSMAN, 44 2d Ave. 
 
 Cooper, A. T. 
 
 Crissman, W. L. 
 Rickel, Henry, '66, 30 1st Ave. 
 SMITH, A. ST. CLAIR, '67, cor. 2d Ave. and S. 2d Sts. 
 
 WALTER S. JOHNSON, 
 J- S. D. HICKMAN, '73.* 
 t S. S. KING, '67. 
 
 Starr & Harrison. 
 
 1,517 
 14,103 
 1,300 
 1,231 
 2,142 
 3,000 
 336 
 1,500 
 2,500' 
 1,000 
 
 4,000 
 1,200 
 1,607 
 3,000 
 2,750' 
 1,800 
 2,500 
 1,586 
 4,331 
 1,300 
 
 23,459' 
 
 1,000 
 
 2,000 
 
 486- 
 
 3,385' 
 
 Centreville 
 
 Appanoose 
 
 Chariton 
 
 Lucas 
 
 Charles City 
 
 Floyd 
 
 3,434 
 
 2,891 
 3,500
 
 286 
 
 IOWA. 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. POPULA'N 
 
 Cherokee 
 
 Cherokee 
 
 E. C. Herrick. 
 
 2,300 
 
 Clarinda 
 
 Page 
 
 T. R. STOCKTON, '61. 
 
 2,808 
 
 Clarion 
 
 Wright 
 
 Nagle & Birdsall. 
 
 1,500 
 
 Clear Lake 
 
 Cerro Gordo 
 
 D. W. Burn. 
 
 1,200 
 
 Clinton 
 
 Iowa 
 
 5 ROBT. R. BALDWIN. 
 ( Geo. B. Young. 
 
 12,012 
 
 Columbus Junction Louisa 
 
 <; Robert Caldwell. 
 ( t Arthur Springer. 
 
 965 
 
 Concord 
 
 Hancock 
 
 Brockwav & Elder. 
 
 1,000 
 
 Corning 
 
 Adams 
 
 ^Y. 0. MITCHELL. 
 
 1,483 
 
 Corydon 
 
 Wayne 
 
 W. F. Howell. 
 
 900 
 
 Council Bluffs 
 
 Pottawattamie 
 
 Wright, Baldwin & Haldaner, 
 
 , 21,557 
 
 Cresco 
 
 Howard 
 
 W. k. Barker. 
 
 1,888 
 
 (h-eston 
 
 Union 
 
 JOHN M. HAYES, '80. 
 
 7,393 
 
 Dakotah City 
 
 Humboldt 
 
 (See Humboldt.) 
 
 366 
 
 Davenport 
 
 Scott 
 
 Bills & Block. 
 
 25,000 
 
 Decorah 
 
 Winneshiek 
 
 L. Bullis. 
 
 2,692 
 
 Denison 
 
 Crawford 
 
 E. K. Burch, '77. 
 
 f JRunnells & Walker. 
 1 Runnells, Jno. S. 
 
 1,633 
 
 Des Moines 
 
 Polk 
 
 \ AValker, Forshay. 
 
 1 See Card in Apjiendix, page xxx. 
 
 L Coffin, N.E. 
 
 32,469 
 
 De Witt 
 
 Clinton 
 
 W. A. COTTON. 
 
 1,395 
 
 Dubuque 
 
 Dubuque 
 
 i A. Cragin. 
 
 \] C. Leckie. 
 
 26,330 
 
 Dunlap 
 
 Harrison 
 
 Amsden & Wilmot. 
 
 2,000 
 
 Dyersville 
 
 Dubuque 
 
 Utt Bros. 
 
 1,055 
 
 Eagle Grove 
 
 Wright 
 
 Cook & Filkin. 
 
 1,500 
 
 Edclyville 
 
 Wapello 
 
 R. M. Boyd. 
 
 1,200 
 
 Eldon 
 
 Wapello 
 
 S. Cornell. 
 
 1,500 
 
 Eldora 
 
 Hardin 
 
 ALBROOK (C. E.) & 
 
 
 
 
 HARDIN (J. F.) 
 
 . 1,644 
 
 Elkader 
 
 Clayton 
 
 R. E. Price. 
 
 950 
 
 Emmettsburgli 
 
 Palo Alto 
 
 Harrison & Jenswald. 
 
 1,500 
 
 Fairfield 
 
 Jefterson 
 
 5 C. E. Noble, '80.* 
 
 ( WILSON & HINKLE, '79. 
 
 3,262 
 
 Forest City 
 
 Winnebago 
 
 J. E. Anderson. 
 
 998 
 
 Fort Dodge 
 
 Webster 
 
 5 W. P. O'Connell. 
 ( f Gvs T. Peterson, 
 
 5,000 
 
 Fort Madison 
 
 Lee 
 
 J. D. Hamilton. 
 
 4,925 
 
 Glenwood 
 
 Mills 
 
 E. B. Woodruff. 
 
 2,000 
 
 Grand Junction 
 
 Greene 
 
 W. W. Turner. 
 
 1,000 
 
 Greenfield 
 
 Adair 
 
 F. 0. Hinkson. 
 
 1,500 
 
 Grinnell 
 
 Poweshiek 
 
 AV. H. Briggs. 
 
 3,320 
 
 Grundy Centre 
 
 Grundy 
 
 Daniel Kerr. 
 
 1,209 
 
 Guthrie Centre 
 
 Guthrie 
 
 J. H. Applegate. 
 
 1,000 
 
 ]Ianibur<f 
 
 Fremont 
 
 R. K. CRANDAL. 
 
 1,785 
 
 Hampton 
 
 Franklin 
 
 WM. HOY. 
 
 1,715 
 
 Harlan 
 
 Shelby 
 
 P. Wicks. 
 
 2,300 
 
 Hartley 
 
 O'Brien 
 
 (See Sanborn.^ 
 
 200 
 
 Humboldt 
 
 Humboldt 
 
 PROUTY, COYLE & 
 
 
 
 
 HARVEY, 
 
 , 1,047 
 
 Ida Grove 
 
 Ida 
 
 L. A. Berry. 
 
 1,800 
 
 Independence 
 
 Buchanan 
 
 CHAS. E. RANSIER, '76. 
 
 3,324 
 
 Indianola 
 
 Warren 
 
 II. McNeil. 
 
 2,081 
 
 Iowa City 
 
 Johnson 
 
 MAX OTTO. 
 
 6,748 
 
 Iowa Falls 
 
 Hardin 
 
 O. W. Garrison. 
 
 1,737 
 
 Jefferson 
 
 Greene 
 
 Russell & Tollwer. 
 
 2,000
 
 lOAVA. 
 
 287 
 
 ri..vcic. 
 
 COUNTY. 
 
 Keokuk 
 
 Lee 
 
 Keosauqua 
 
 Van Buren 
 
 Knoxville 
 
 Marion 
 
 Laiisiny 
 
 Allamakee 
 
 Laporte City 
 
 Black Hawk 
 
 Le Mars 
 
 Plymouth 
 
 Leon 
 
 Decatur 
 
 Ijogan 
 
 Harrison 
 
 Lucas 
 
 Lucas 
 
 Lyons 
 
 Clinton 
 
 McGrei;(i!' 
 
 Clayton 
 
 Manchester 
 
 Delaware 
 
 ]Mauniii,n- 
 
 Carroll 
 
 Maquoketa 
 
 Jackson 
 
 Marengo 
 
 L)wa 
 
 Marion 
 
 Linn 
 
 Marshalltown 
 
 Marshall 
 
 Mason City 
 
 Cerro Gordo 
 
 Missouri Valley 
 
 Harrison 
 
 Monroe 
 
 Jasper 
 
 Montezuma 
 
 Poweshiek 
 
 Monticello 
 
 Jones 
 
 Montrose 
 
 Lee 
 
 Mt. Ayr 
 
 Ringgold 
 
 Mt. Pleasant 
 
 1 lenry 
 
 Muscatine 
 
 Muscatine 
 
 Nashua 
 
 Chickasaw 
 
 Nevada 
 
 Story 
 
 New Hampton 
 
 Chickasaw 
 
 Newton 
 
 Jasper 
 
 ( )akland 
 
 Pottawattamie 
 
 ( )debolt 
 
 Sac 
 
 Onawa 
 
 Monona 
 
 Osage 
 
 Mitchell 
 
 Osceola 
 
 Clarke 
 
 Oskaloosa 
 
 Mahaska 
 
 Ottumwa 
 
 Wapello 
 
 Paulina 
 
 O'Brien 
 
 Pella 
 
 Marion 
 
 Perry 
 
 Dallas 
 
 Pocahontas 
 
 Pocahontas 
 
 Primghar 
 
 O'Brien 
 
 Bed Oak 
 
 Montgomery 
 
 Kockford 
 
 Floyd 
 
 Bock Rapids 
 
 Lyon 
 
 Rockwell City 
 
 Calhoun 
 
 Sabula 
 
 Jackson 
 
 Sac City 
 
 Sac 
 
 Sanborn 
 
 O'Brien 
 
 Sheldon 
 
 O'Brien 
 
 Shenandoah 
 
 Page 
 
 Sibley 
 
 Osceola 
 
 Sidney 
 
 Fremont 
 
 Sigourney 
 
 Keokuk 
 
 Sioux City. 
 
 Woodbury ' 
 
 KAMES OF ATTOKXKY'S. I'OPULA'x. 
 
 Anderson, Davis & Hagernian. 13,151 
 
 Wherry & Walker. 1.200 
 
 T. J. Anderson. 3,000 
 
 L. E. Fellows. 1,793 
 
 E. M. Sharon. 1,100 
 
 Curtis & Durlcy. 4,500 
 
 Samuel Forrey, "5^). 1,423 
 
 L. 11. Bolter & Sons. 960 
 
 G. G. Reside. 1,700 
 
 R. T. Sponce. 5,000 
 
 Noble & Updegraff. 1,602 
 
 Bronson, Carr & Le Roy, 2,500 
 
 A. T. Bennett. 1,300 
 
 Levi Keck. 3,500 
 
 Hedges, Rumple & Lake. 1,932 
 
 J. C." Davis. 4,000 
 
 J. M. Holt, '80. 8,298 
 
 Caid iV: Montague. 3,519 
 
 Dewell & McGavern. 2,500 
 
 J. Kipp & Son. 1,049 
 
 Clark & Cheshire. 1,000 
 
 Herrick & Doxsee. 1,826 
 
 W. Galland. 1,010 
 LAUGHLIN & CAMPBELL. 1,274 
 
 Fredk. Hope, '80. 3,837 
 
 Richman & Bnrk. 10,389 
 
 A. G. Lawrence. 1,208 
 J. L. Dana. 2,000 
 I. R. Bane. 1,400 
 Ryan & McElroy. 2,902 
 (See Avoca.) 435 
 W. A. Ilelsell. 1,600 
 J. E. Telleck. 1,200 
 Foreman & Marsh. 2,037 
 M. T. Temple, '74. 2,158 
 Crookliani A: Crookham. 6,012 
 Chambers '68, McElroy "73 
 
 & Roberts "80. 10,506 
 
 (See Sanborn.) 255 
 
 Bosquet & Earle. 2,292 
 
 Cardell & Shortly. 3,000 
 
 McEwan & Garlock. 150 
 
 (See Sanborn.) 206 
 
 Z. T. Fisher. 4,000 
 
 E. P. Andrews. 1,100 
 
 B. L. Richards. 1,000 
 M. W. FRICK. 370 
 J. Hilsinger. 1,069 
 Mason & Thomas. 2,000 
 MILT. H. ALLEN, '81.* 1,127 
 ALFRED MORTON, '59. 1,006 
 James McCabe. 2,100 
 J. T. Barclay. 1,500 
 Anderson & Eaton. 1,000 
 G. D. Woodin. 1,800 
 
 jNTY. Population, 19,160. 
 
 Clarke, Willis G., '80, 505 Douglass St. 
 CLELLAND, JONAS M., '72, 325 4th St.
 
 288 
 
 IOWA. 
 
 SIOUX CITY— Continued. 
 
 Lotlirop, J. S., '65, 320 4th St. 
 
 See Card in Appendix, page ix. 
 
 SMITH & ROBERTS '79, 408 Pierce St. 
 DeGUIBERT, L. C, '83, 412 W. 7th St. 
 ^ Bales, U. G. 
 \Keefer, M. B., 300 4th St. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. POPULA'N. 
 
 Spencer 
 
 Clay 
 
 W. P. Ward. 
 
 1,600' 
 
 Spirit Lake 
 
 Dickinson 
 
 J. W. Cory. 
 
 1,200 
 
 Southerlaiid 
 
 O'Brien 
 
 {See Sanborn.) 
 
 — 
 
 Storm Lake 
 
 Buena Vista 
 
 Robinson & Milchrist. 
 
 1,700 
 
 Stuart 
 
 Guthrie 
 
 C. W. Neal. 
 
 2,147 
 
 Swan Lake 
 
 Emmet 
 
 (See Spirit Lake.) 
 
 — 
 
 Tama City 
 
 Tama 
 
 J. W. Willett. 
 
 1,600 
 
 Tipton 
 
 Cedar 
 
 Piatt & Carr. 
 
 1,600 
 
 Toledo 
 
 Tama 
 
 Struble & Stiger. 
 
 1,800 
 
 Traer 
 
 Tama 
 
 O. T. Brainard. 
 
 1,300 
 
 Villisca 
 
 Montgomery 
 
 W. H. Redmond. 
 
 2,000 
 
 Vinton 
 
 Benton 
 
 JAMES DOUGHTY, '81.* 
 
 2,906 
 
 Walnut 
 
 Pottawattamie 
 
 {See Avoea.) 
 
 900 
 
 Wapello 
 
 Louisa 
 
 L. A. Riley. 
 
 1,000 
 
 Washington 
 
 Washington 
 
 H. S. & W. S. Scofield. 
 
 3,004 
 
 Waterloo 
 
 Black Hawk 
 
 Alford & Gates. 
 
 7,000 
 
 Waukon 
 
 Allamakee 
 
 Dayton & Dayton. 
 
 1,800 
 
 Waverly 
 
 Bremer 
 
 Gibson & Dawson. 
 
 2,500 
 
 Webster City 
 
 Hamilton 
 
 KAMRAR(J. L.) & 
 
 
 
 
 BOEYE(A. N.). 
 
 1,848 
 
 West Liberty 
 
 Muscatine 
 
 E. M. Warren. 
 
 1,500 
 
 West Union 
 
 Fayette 
 
 Zeigler & Weed. 
 
 2,000 
 
 Whatcheer 
 
 Keokuk 
 
 Sampson & Brown. 
 
 3,500 
 
 Wilton Junction 
 
 Muscatine 
 
 J. W. Pentzer. 
 
 1,700 
 
 Winterset 
 
 Madison 
 
 .T. Leonard & Son. 
 
 3,000 
 
 Wyoming 
 
 Jones 
 
 F. 0. Ellison, 
 
 1,200
 
 IOWA. 
 
 289 
 
 BANKS IN IOWA. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital ot one 
 bank in each county of tins slate in which such a banking institution is located. 
 
 PLACE. 
 
 Adel 
 
 Afton 
 
 Albia 
 
 Algona 
 
 Anamosa 
 
 Atlantic 
 
 Audubon 
 
 Bedford 
 
 Bloomfield 
 
 Btirlington 
 
 Carroll 
 
 Centerville 
 
 Chariton 
 
 Charles City 
 
 Cherokee 
 
 Clarinda 
 
 Clinton 
 
 Corning 
 
 Corydon 
 
 Council Bluft's 
 
 Cresco 
 
 Davenport 
 
 Decorah 
 
 Denison 
 
 Des Moines 
 
 Dubuque 
 
 Eldorado 
 
 Elkader 
 
 Emmetsburg 
 
 Fairtield 
 
 Forest City 
 
 Fort Dodge 
 
 Fort IVIadison 
 
 Glenwood 
 
 Grundy Center 
 
 Guthrie Center 
 
 Hampton 
 
 Harlan 
 
 Ida Grove 
 
 Independence 
 
 Indianola 
 
 Iowa City 
 
 Jefferson 
 
 Keosauqua 
 
 NAME OP BANK. 
 
 Adel Bank 
 
 Afton Bank 
 
 First National Bank 
 
 Niles & Watters 
 Atlantic National Bank 
 Audulon County Bank 
 Bedford Bank 
 Davis County Bank 
 National State Bank 
 Carroll County Bank 
 First National Bank 
 
 Clarinda '* " 
 
 City 
 
 First " " 
 
 Wayne County Bank 
 First National Bank 
 Bank of Cresco 
 Davenport National Bank 
 First National Bank 
 (Crawford County Bank 
 Des Moines National Bank 
 First National Bank 
 Hardin County Bank 
 First National Bank 
 
 Winnebago County Bank 
 First National Bank 
 Bank of Fort Madison 
 Mills County National Bk 
 First National Bank 
 The Centre Bank 
 First National Bank 
 Siielby County Bank 
 Ida County Bank 
 First National Bank 
 
 City Bank 
 Manning's Bank 
 
 
 PAID UP 
 
 CASHIEK. 
 
 CAPITAL. 
 
 S. M. Leach. 
 
 50,000 
 
 (A. Truman.) 
 
 50,000 
 
 Tom. D. Lochman. 
 
 50,000 
 
 J. C. Blackford 
 
 50,000 
 
 T. W. Shapley. 
 
 15,000 
 
 H. H. Boorman. 
 
 50,000 
 
 Chas. Van Gorder. 
 
 50,000 
 
 M. M. Van Fleet. 
 
 ;50,ooo 
 
 C. E. Lovett. 
 
 ;32.850 
 
 J. J. Fleming 
 
 150,000 
 
 Henry Ilaag. 
 
 100,000 
 
 William Evans. 
 
 50,000 
 
 Frank K. Crocker. 
 
 50,000 
 
 H. C. Baldwin. 
 
 .50,000 
 
 R. H. Scribner. 
 
 50,000 
 
 W. W. Newlon. 
 
 50,000 
 
 A. G. Smith. 
 
 100.000 
 
 Charles C. Norton. 
 
 50,000 
 
 H. Bracewell. 
 
 52,223 
 
 S. Farnsworth. 
 
 50,000 
 
 H. W. Young. 
 
 (50,000 
 
 G. E. Maxwell. 
 
 200,000 
 
 George Q. Gardner. 
 
 75,000 
 
 W. II. Kirdler. 
 
 50,000 
 
 W. E. Hazen. 
 
 400,000 
 
 0. E. Guernsey. 
 
 200,000 
 
 Charles McK. Duren. 
 
 50,000 
 
 H. Meyer. 
 
 50,000 
 
 A. L. Ornisby. 
 
 50,000 
 
 B. S. McElhinney. 
 
 100,000 
 
 Thompson Bros. 
 
 (50,000 
 
 J. B. Scott. 
 
 50,000 
 
 .Tos. A. Smith. 
 
 50,000 
 
 Wm. H. Anderson. 
 
 (55,000 
 
 Chris. C. Shuler. 
 
 50,000 
 
 H. K. Dewey. 
 
 30,000 
 
 G. G. Clemmer. 
 
 100,000 
 
 31. K. Campbell. 
 
 50,000 
 
 .1. J. Amen. 
 
 140,000 
 
 Geo. B. Warne. 
 
 100,000 
 
 G. A. Worth. 
 
 50,000 
 
 Lovell Swisher. 
 
 100,000 
 
 M. B. McDuff. 
 
 150,000 
 
 John G. Brown. 
 
 35,000
 
 290 
 
 IOWA. 
 
 
 
 
 PAID rp 
 
 PLACE. 
 
 NAME OP BANK. 
 
 CASHIER. 
 
 CAPITAL. 
 
 Knoxville 
 
 Knoville National Bank 
 
 John B. Elliot. 
 
 100,000 
 
 Lemars 
 
 First National Bank 
 
 M. H. Finney. 
 
 100,000 
 
 Leon 
 
 Farmers' & Traders' Bank 
 
 T. S. Arnold. 
 
 75,000 
 
 Logan 
 
 Harrison County Bank 
 
 (Harvy & Ford.) 
 
 50,000 
 
 Manchester 
 
 Delaware County Bank 
 
 W. H. Leeds. 
 
 60,000 
 
 Maquoketa 
 
 Exchange Bank 
 
 Louis H. Dunham. 
 
 100,000 
 
 Marego 
 
 First National Bank 
 
 C. E. Bingham. 
 
 50,000 
 
 Marion 
 
 (( H ii 
 
 S. N. Goorthue. 
 
 50,000 
 
 Marshalltown 
 
 (i a a 
 
 A. G. Glick. 
 
 100,000 
 
 Mason City 
 
 u a .i 
 
 C. A. McNider. 
 
 50,000 
 
 Montezuma 
 
 a a a 
 
 G. W. Kierulff. 
 
 50,000 
 
 Mount Ayr 
 
 INIount Ayr Bank 
 
 Geo. S. Allyn. 
 
 50,000 
 
 Mount Pleasant First National Bank 
 
 T. J. Van Horn. 
 
 100,000 
 
 Muscatine 
 
 " " " 
 
 T. N. Brown. 
 
 50,000 
 
 Nevada 
 
 (( a <( 
 
 W. F. Swayze. 
 
 50,000 
 
 Newhampton 
 
 i, a u 
 
 Sam. S. Kenyon. 
 
 50,000 
 
 Newton 
 
 a ( ( (( 
 
 C. Slonaker. 
 
 50,000 
 
 Onawa 
 
 Holbrook & Bro 
 
 H. E. ]\Iorrison. 
 
 100,000 
 
 Orange City 
 
 Orange City Bank 
 
 J. M. Oggel. 
 
 50,000 
 
 Osage 
 
 Osage National Bank 
 
 Arery Brush. 
 
 50,000 
 
 Osecola 
 
 Clarke County Bank 
 
 S. S. Wick. 
 
 50,000 
 
 Oskaloosa 
 
 Farmers' & Traders' NatBk John H. Warren. 
 
 100,000 
 
 Ottumwa 
 
 Ottumwa National Bank 
 
 M. B.' Hutchison. 
 
 100,000 
 
 Pocahontas 
 
 Farmers' Bank 
 
 A. 0. Garlock. 
 
 50,500 
 
 Red Oak 
 
 Red Oak National Bank 
 
 Paul P. Clark. 
 
 100,000 
 
 Rock Rapids 
 
 First National Bank 
 
 C. H. Huntington. 
 
 50,000 
 
 Rockwell City 
 
 Rockwell City Bank 
 
 Jno. F. Searight. 
 
 50,000 
 
 Sac City 
 
 Citizens' Bank 
 
 H. H. Allison. 
 
 30,000 
 
 Sibley 
 
 First National Bank 
 
 H. L. Emmert. 
 
 50,000 
 
 Sidney 
 
 Metelman & Frazer 
 
 W. T. Frazer. 
 
 60,000 
 
 Sigoumey 
 
 First National Bank 
 
 J. T. Webber. 
 
 50,000 
 
 Sioux City 
 
 Sioux National Bank 
 
 A. S. Garretson. 
 
 500,000 
 
 Spencer 
 
 Clay County Bank 
 
 H. N. Smith. 
 
 80,000 
 
 Spirit Lake 
 
 Dickinson County Bank 
 
 George E. Pearsoll. 
 
 30,000 
 
 Storm Lake 
 
 Farmers' Loan & Trust Co 
 
 C. A. Bond. 
 
 150,000 
 
 Tipton 
 
 First National Bank 
 
 C. W. Hawley. 
 
 50,000 
 
 Toledo 
 
 Toledo City Bank 
 
 P. G. Wreting. 
 
 40,000 
 
 Vinton 
 
 W. F. Williams 
 
 
 lOO.OOo 
 
 Washington 
 
 First National Bank 
 
 S. A. White. 
 
 100,000 
 
 AVaterloo 
 
 u ii a 
 
 J. W. Krapfel. 
 
 50,000 
 
 Waverly 
 
 ii a it 
 
 H. S. Burr. 
 
 100,000 
 
 "Webster City 
 
 (( a 11 
 
 B. C. Mason. 
 
 50.000 
 
 West Union 
 
 Bank of West Union 
 
 F. Y. Whitmore. 
 
 90.200 
 
 Winterset 
 
 First National Bank 
 
 S. G. Bevington. 
 
 100,000
 
 STATE OF 
 
 KANSAS. 
 
 SUMMARY OF 
 
 Collection Law^s. 
 
 Court Cai^exdar, Instructions for taking Depositions, Legal Foujis, Etc. 
 
 Expressly Prepared and Revised to Nov. 1st, 1887, for "Whowers' 
 
 Legal Directory and Merchants' Guide," for 1888. by 
 
 Welch & Welch, of the Topeka Bar. 
 
 Acknowledgments.— Within tlie state must be made before a judge or 
 clerk of a court liaviu<;' a seal, a justice of the peace, notary public, county 
 clerk, register of deeds or mayor or clerk of au incorporated city. 
 
 Every notary ijublic shall add to his official signature the date of the ex- 
 piration of his commission as notary public. In cases where the acknowledg- 
 ment is made out of the state, it must be before a court of record, a clerk or 
 other officer having the seal thereof, a commissi(mer of deeds for Kansas, 
 justice of the peace, or notary public, or before any consul of the United 
 States, I'esident in any foreign country or port. 
 
 When the acknowledgment is made before a justice of the peace, some 
 clerk of a court of record must certify as to his official position. 
 
 Fori)) of Acknoirled[/}/ient. 
 
 State of Kansas, ? 
 
 County of . !» ' ' 
 
 Beit remembered, tliat on this day of A. D. 18 — , before me, a 
 
 -, in and for said county and state, appeared i)ersonally known 
 
 to me to be the same person — , who executed the foregoing instrument, and 
 duly acknowledged the execution of the same. 
 
 I/i testimony whereof, I liave hereunto subscribed my name and affixed my 
 official seal, on the day and yearlast above written. 
 
 { Official Signature.) 
 
 My commission as expires , 18 — . 
 
 Actions. — For the I'ecovery of real estate, or for the determination of any 
 right or interest therein, must be brouglit in the county where the real estate 
 is situated. Against non-residents of tliis state or a foreign corporation, may 
 be brought in any county in which such ])erson or corporation has property 
 or debts, but if such foreign corporation be an insurance company, the action 
 may be brought in the county where tlie cause of action or some part thereof 
 arose. Every other action may ])e brought in the county in which the de- 
 fendant t)r some one of the defendants resides or may be summoned. Actual 
 service must be made by the othcer to whom it is directed, by delivering a 
 copy of the summons to tlie defendant jiersonally, or by leavinga copy of the 
 same at his usual ]ihice of resiileuci* at any time before the return day. 
 
 Acknowledgment on the back of the summons, or a voluntary ajipearance 
 of a defendant is equivalent to service. 
 
 [Kan. 1.1
 
 292 KANSAS. 
 
 ConstiTictive service can be made on non-residents in actions for the recove 
 ery of real property, or any estate or interest therein — to establish or set asid- 
 a will, to obtain a divorce against a non-resident of this state or a foreio-n 
 corporation having property or debts owing them, sought to be taken or 
 appropriated by any of the provisional remedies, against any resident of the 
 state or county, who has departed therefrom, with the intent to delay or de- 
 fraud his creditors, or to avoid service of summons, by tiling an affidavit that 
 service of svimmons can not be made within this state, and that the action isone 
 in which service by publication can be made. A notice must be published 
 three consecutive weeks in some newspaper, published, and of general cir- 
 culation in the county where the petition is filed. 
 
 Administration. — Of estates of deceased persons. Letters testamentary 
 or letters of administration will be granted by the probate court of the 
 county of which the deceased was a resident at the time of his death ; and 
 when any person shall die intestate in any other state or country, leaving any 
 estate to be administered within this state, administration thereof shall be 
 granted by the probate court of any county in which there is any estate to 
 be administered ; and the administration, which shall first be lawfully grant- 
 ed, in the last mentioned case shall extend to all the estate of the deceased 
 within the state, and shall exclude the jurisdiction of the i^robate court of 
 every other county. 
 
 Every executor or administrator after giving bond and legally qualifying, 
 shall, within sixty days, make an inventory of all moneys, goods, chattels, 
 rights and credits of the deceased. 
 
 None but residents can be appointed executors or administrators. 
 
 The widow is allowed, in addition to her share of her deceased husband's 
 estate, to keep absolutely for herself and children all personal property of 
 the deceased which was exempt from execution at the time of his death. 
 
 All demands against an estate must be presented within three years or be 
 barred, excejit in cases of legal disability, in which case the party will have 
 three years after the disability is removed. 
 
 An executor or administrator appointed in a foreign state may administer 
 on the estate of the deceased in this state, provided no executor or adminis- 
 trator has been appointed in this state, by filing an authenticated copy of his 
 appointment in the probate court of the county, where such estate may be ; 
 after which, under order of the court, he may i^roceed to act as an executor 
 or administrator appointed in this state. 
 
 Persons dying in this state without heirs, their property is sold at the 
 instance of the county superintendent of schools for the benefit of the public 
 school fund ; but should heirs appear before the expiration of twenty-one 
 years, and prove heirship, the state treasurer will pay to such claimants the 
 proceeds of the sale of such estate. 
 
 Affidavits. — An affidavit may be used to verify a pleading, to prove the 
 service of a summons, notice or other process in an action, to obtain a jiro- 
 visional remedy, an examination of a witness, a. stay of proceedings or upon 
 a motion, or in any other case permitted by law, and may be made in or out 
 of this state, before any person authorized to take depositions, and must be 
 authenticated in the same way. 
 
 Form of Affidavit to P/'ove Account. 
 State of Kansas, } 
 
 County. S 
 
 Before me, (the probate judge or notary public as it may be), in and for 
 said county, personally came (affiant's name), and being by me first duly 
 sworn, upon his oath, says that the account hereto annexed is just, true and 
 correct, and that to the best of his knowledge and belief he has given credit 
 on said account for all payments and oft-sets to Avhich it is entitled, and that 
 
 the balance of dollars claimed is justly due. 
 
 (Signatm'C.) 
 
 Subscribed and sworn to before me, this day of A. D. 18 — . 
 
 [seal.] ( Official Sign aturc. ) 
 
 [Kan. 2.]
 
 KANSAS. 293 
 
 Aliens. — No distinctiou .shall ever bo made between citizens and aliens in 
 reference to the purchase, enjoyment or descent of property 
 
 Appeals. — Appeals may bo taken from the judgment of a justice of the 
 peace to the district court, oxcoi)t on judgment I'onderod on confession ; and 
 in jury trials, when neither party claims in his bill of ])articulars, a sum ex- 
 ceeding twenty dollars — by merely filing a bond, not less than fifty dollars, 
 nor less than double the amount of judgment and costs appealed from. Civil 
 actions may be appealed from the District Court to the Supreme Court, by 
 filing in the Supreme Court a jietition in error by the party appealing. 
 
 Attached to and filed with the petition in error, nuist be a transcript of the 
 record of the trial in the district court, called a case-made, duly signed by the 
 district judge, and attested by the clerk of the district court ; or on a bill of 
 exceptions made a part of the record, and duly signed by the judge. 
 
 Arrest. — No imprisonment for debt, except in case of fraud. A defendant 
 can be arrested before or after judgment, for the following causes, and no 
 other : 1st. That he has removed or begun to remove some part of his prop- 
 erty out of the jurisdiction of the court, with the intent to defraud his credi- 
 tors ; 3d. That he has begun to convert his property, or a part thereof into 
 money, for the purjioseof placing it beyond the reach of creditors. ; 3d. That 
 lie has property or rights which he fraudulently conceals ; 4th. That he has 
 assigned, removed, or disposed of his property, or begun to dispose of a part 
 of the same, with the intention to defraud his creditors ; 5th. That he fraud- 
 idently contracted the debt, or incurred the liability, for which suit is, or is 
 -about to be brought. 
 
 The plaintiff must first file an undertaking to pay defendant all damages he 
 may sustain by reason of the arrest, if the order be wrongfully obtained. 
 
 The defendant may be released from confinement by giving a sufficient bond 
 or depositing the amount mentioned in the order. 
 
 Assignments and Insolvency. — Assignments must be for all creditors 
 alike ; ileed of assignment must be executed and recorded like conveyances 
 »)f real property. A schedule of liabilities, properly verified by the assignor, 
 must be filed with the clerk of the district court, on the day of assignment, 
 •<'ontaining the names of all creditors, amount and character of each debt, 
 and the post-office address of each creditor, so far as known. The clerk, 
 within two days after the filing of the assignment, shall mail to each creditor 
 whose claim exceeds ten dollars, the facts set forth in the schedule, naming a 
 <lay not less than twenty nor more than thirty, from the day of assignment, 
 when the creditors shall meet at his office to choose an assignee of the trust 
 meanwhile, the assignee named in the assignment shall exercise no power, 
 other than the safe keeping of the property under his control. A sworn in- 
 ventory must be filed within thirty days from the date of assignment, unless 
 further time is granted. The assignee shall exhibit on oath, a statement of 
 -accounts, with proper voucher, to district court, at its first regular term after 
 the end of one year from execution of assignment, and yearly thereafter un- 
 til assigned estate is settled. 
 
 Attachment. — The creditor in a civil action for the recovery of money, 
 may, at or after the commencement thereof, have an attachment against the 
 property of the debtor ; where the debtor or one of several debtors is a for- 
 eign corporation or non-resident of the state, (but no attachment shall bo 
 granted on the ground or grounds in this clause stated, for any claim other 
 than a debt or demand arising upon contract, judgment or decree, unless the 
 ■cause of action arose wholly within the limits of this state, which fact must 
 be established on the trial), or where the debtor or several debtors has ab- 
 sconded with intent to defraud his creditors ; or has left the county of his resi- 
 <lence to avoid the service of a summons ; or so conceals himself that a sum- 
 jnons can not be served upon him ; or is about to remove his property, or a 
 
 [Kan. 3.]
 
 294 KANSAS. 
 
 part thereof, out of the jurisdiction of the court with intent to defraud his 
 creditors ; or is about to convert his property, or a part thereof into money,, 
 for the purpose of placing it beyond the reach of his creditors ; or has prop- 
 erty or rights in action, which he conceals , or has assigned, removed, or dis- 
 posed of, or is about to dispose of his property, or a part thereof, with the 
 intent to defraud, hinder or delay his creditors ; or fraudulently contracted 
 the debt, or fraudulently incurred the liability or obligation, for which suit 
 is about to be or has been brought ; or when the damage for which the ac- 
 tion is brought are for the injuries arising from the commission of some fel- 
 ony or misdemeanor, or the seduction of some female ; or when the debtor 
 has failed to pay for any article or thing delivered, for which, by contract, he 
 was bound to pay for on delivery. No undertaking shall be required, where 
 the party or parties defendant are all non-residents of the state, or a foreigrt 
 corporation. 
 
 Banks and Bankers. — The property employed in banking shall always 
 bear a burden of taxation equal to that imposed upon the property of indi- 
 viduals. 
 
 No bank shall be established otherwise than under a general banking law. 
 
 All banks organized under the banking laws of the state, shall deposit 
 with the auditor of state, interest paying bonds of the several states, or of 
 the United States, at the cash rate of the New York stock exchange, in an 
 amount equal to the amoiint of the circulating notes, which such bank is au- 
 thorized to issue and to keep a cash deposit in its vaults equal to ten per cent. 
 of its circulating notes, and when such collateral security shall depreciate in 
 value, the auditor of state shall require additional security or curtail the cir- 
 culation of such bank to such extent as will continue the security unim- 
 paired. 
 
 All circulating notes of state banks shall be redeemable in United States 
 money, and holders of such notes, in case of insolvency, are entitled to pref- 
 erence over all other creditors. 
 
 All banks are required to keep of&ces for issuance and redemption of their 
 circulating notes, at some convenient place within the state. 
 
 No notes of less denomination than one dollar can be issued. 
 
 No amendment of the banking laws of the state can be made until such 
 amendment is submitted to a vote of the electors of the state and approved by 
 a majority vote cast at a general election. 
 
 The president, director, manager, cashier, or other officer of a banking in- 
 stitution, shall not receive deposits or create debts, after he shall have knowl- 
 edge of its insolvency or failing circumstances. 
 
 Any violation of this provision makes such officer individually liable, and 
 and he shall further be deemed guilty of larceny, and upon conviction there- 
 of shall be punished in the manner and to the same extent as is provided by 
 law for stealing the same amount of money, if loss occur by reason of such 
 debt or deposit. 
 
 Savings banks may be established with a capital of not less than fifty 
 thousand, and not more than five hundred thousand dollars, which shall be 
 divided into shares of one hundred dollars each, of which ten per cent, upon 
 each share shall be paid in cash at the time of the subscription, and the re- 
 mainder of the stock shall be paid at such time as the directors shall from time 
 to time direct. 
 
 Bills of Exchange and Promissory Notes— All bonds, notes, and bills 
 of exchange, except bank checks and sight drafts, made negotiable, .shall be 
 entitled to three days' grace in time of payment. 
 
 AH bonds, notes, and bills of exchange, foreign and inland, drawn for any 
 sum or sums of money, certain, and made payable to any i)erson or order, or 
 to any person or bearer, shall be negotiable by indorsement thereon, if pay- 
 able to order, and by delivery, if payable to bearer, so as to absolutely trans- 
 fer and vest the property thereof in each and every endorser and holder, suc- 
 
 [Kan. 4.]
 
 KANSAS. 295 
 
 cessivoly ; but nothing in this section shall he constnicd to make negotiable 
 any such bond, note, or bill of exchange, drawn payable to such person or 
 persons, alone, and not drawn payable to any order, bearer, or assigns. 
 
 By the laws of 1875, it was provided that no person or persons, bank, or 
 body corporate, residing or doing business within the limits of this state, can 
 be held liable for protest damages on any bond, note or bill, protested here- 
 tofore or hereafter for non-acceptance or non-i)ayment. 
 
 Whenever the third day of grace falls upon a Sunday, July 4th, December 
 25th, January 1st, May 30th, or upon any day appointed for public fast or 
 thanksgiving, the next preceding day is the last day of grace. 
 
 Chattel Mortgage. — Every chattel mortgage or conveyance intended to 
 operate as such, which shall not be accompanied by an immediate delivery, 
 and followed by an actual and continued change of possession of the thing 
 mortgaged, shall be ubsolutely void as against the creditors of the mortgagor 
 and subsequent purchasers and mortgagees in good faith, unless the mort- 
 gage, or a true copy thereof, shall be forthwith filed in the office of the regis- 
 ter of deeds in the county where the property is at the time ; or, if the mort- 
 gagor be a resident of the state, then of the county of which he shall, at the 
 time, be a resident. Every such mortgage shall be void as against the credi- 
 tors of the mortgagors or subsequent purchasers or mortgagees in good faith, 
 after the expiration of one year after same was filed, unless within thirty 
 days next preceding the expiration of said year, and each year thereafter, the 
 mortgagee, his agent or attorney, shall make an affidavit exhibiting the in- 
 terest of the mortgagee in the property at the time, and the amount due there- 
 on. Such affidavit shall be attached to, and filed with the original mortgage. 
 
 There is no stipulated time in which they are to be foreclosed. It may be 
 done at any time after breach of conditions and before the debt is barred by 
 statute of limitations. 
 
 A mortgagee of chattels, after condition broken, may sell the same on ten 
 days' advertisement, without further proceedings ; or if the mortgage so pro- 
 vides, he may sell at private sale. 
 
 Form of Chattel Mortgage. 
 
 Know all men by these presents, that of county, Kansas, of the 
 
 fint part, is indebted to , of the second part, in the sum of dollars, 
 
 to be paid as follows : (here insert a copy of note or why the mortgage is 
 given, showing date when the obligation becomes due.) 
 
 Now, therefore, in consideration of such indelitedness, and to secure the 
 payment of the same, as aforesaid, said part — of the first part do — hereby 
 sell, assign, transfer, and set over to said part — of the second part, the prop- 
 erty described in the following schedule, viz. : (descrijition of the property). 
 Provided, however, That if said debt and interest be paid, as above 
 specified, this sale and transfer shall be void ; the property sold to remain in 
 possession of said part — of the first part, until default be made in the pay- 
 ment of the debt and interest aforesaid, or some i)art thereof ; but in case of 
 a sale or disposal, or attempt to sell or dispose of the same, or a removal of 
 
 or attempt to remove the same from , or an unreasonable depreciation in 
 
 value ; or if from any other cause, the security .shall become inadequate, the 
 said i>art — of the second part may take such property, or any part thereof, 
 into own possession. 
 
 And upon taking said property into own possession, either incase of 
 
 default, or as above provided, said part — of the second part shall sell the 
 same at public or private sale ; and after satisfying the aforesaid debt and 
 interest thereon, and all necessary and reasonable costs, charges and expenses 
 
 incurred, out of the proceeds of the sale, he— shall return the surplus 
 
 to said i)art — of the first part, or legal representatives. 
 
 And if, from any cause, said property shall fail to satisfy said debt and in- 
 terest, said part — of the first party hereby agree to pay the deficiency. 
 
 [Kau. 5.]
 
 296 KANSAS. 
 
 In witness whereof, the part — of the first part ha — hereunto set 
 
 hand — , this day of , A. D. 18 — • 
 
 {Signature.) 
 (No acknowledgment necessary. ) 
 Claims against Decedents Estate. — {See Administration.) 
 
 Conditional Sales of Personal Property.^No special statutes on the 
 subject. The supremo court has decided such sales are valid but notes given 
 in such cases are not negotiable. 
 
 Corporations. — The legislature shall pass no act conferring special pow- 
 ers on corjjorations. Corj^orations are created by general laws, which may 
 be amended or repealed by the legislature. Private corporations may be or- 
 ganized for almost any legitimate business by articles of association com- 
 plying with the general laws of corporations. 
 
 A charter must be prepared and filed in the office of the secretary of state, 
 signed by at least five persons, three of whom must be citizens of Kansas, 
 acknowledged before an officer authorized to take acknowledgment of deeds ; 
 such charter must set forth the name of the corporation, the purpose for 
 which it is formed, the place or places where its business is to be transacted, 
 the terai for which it is to exist, the number of its directors or trustees, 
 names and residences of those who are appointed for the first year and the 
 amount of its capital stock, if any, and the number of shares into which it 
 is divided. 
 
 The existence of the corporation dates from the filing of its charter with 
 the secretary of state. The secular affairs of a religious corporation shall 
 be under the control of a board of trustees to be elected by the members of 
 the corporation and the title of all property shall vest in the trustees. 
 
 Corporations for profit shall file in the office of the secretary of state, on 
 the first day of January, a detailed statement of the condition of such cor- 
 poration, showing capital stock, assets, liabilities, receipts and expenditures 
 for the preceding year, under a penalty for failure, of two hundred dollars, 
 and an additional sum of two hundred dollars for every month that such 
 corporation shall thereafter continue to transact business. 
 
 Railroad corporations are required to keep a general office in the state, and 
 suit may be brought in any county through which such railway runs, and 
 service of summons or other process may be directed to and served by the 
 .sheriff of the county in which the principal of such corporation may be, or 
 in which any officer, director or agent of the corporation may ba found. 
 Every railroad or stage corporation doing business in the state of Kansas are 
 required to designate some person residing in each county through which 
 such railroad line or stage route may or does run or in which it transacts 
 business, upon which all processes or notices issued by any court of record 
 or justice of the peace may be served. Foreign railroad corporations may 
 exercise all the privileges of domestic railroad corporations by filing a certi- 
 fied copy of its articles of corporation, if incoi'porated under general laws, or 
 a certified copy of the statute laws incorporating such company where char- 
 ter was granted by statute. 
 
 Corporations may be dissolved by the expiration of the time limited in its 
 charter, by a judgment of dissolution rendered by a court of competent 
 iurisdicticm and for the purposes of enabling any creditors to prosecute suits 
 against the stockholders thereof toenforcic their individual liability, if it be 
 shown that such corporation has suspended business for more than one year. 
 
 If any corporation created under tbe laws of this state, except railroad, 
 charitable, or religious corporations be dissolved leaving debts unpaid, suits 
 may be brought against any or all persons who were stockholders at the time 
 of the dissolution, without joining the corporation in siich suit. 
 
 Stockholders shall be liable to pay the debts of the corporation, to the ex- 
 tent of the amount due on his stock, and an additional amount equal to the 
 stock owned by him. 
 [Kan.G.]
 
 KANSAS. 297 
 
 Costs. — In justice court a non-rcsidcnt of the county shall give security 
 for costs, and iu all other cases the justice may, either before or after issuing 
 process, require the ])laintiff togivo security for costs,which may be done by 
 depositing an amount sufficient to discharge the costs, or giving a bond with 
 approved security payable to the adverse party. 
 
 In the district court, before the clerk shall issue summons, there shall be 
 filed in his office by or on behalf of the plaintitf, a bond to be approved 
 by the clerk, conditioni'd that the plaintiff or plaintiffs will pay all 
 co.sts that may accrue in said action, in case he or they shall be adjudged to 
 pay them, or in case the same cannot be collected from the defendant or de- 
 fendants, if judgment be obtained against said defendants. 
 
 In case of non-resident plaintiff or plaintiffs such sum or sums maybe de- 
 posited, in lieu of bond, as in the opinion of the clerk will be sufficient to 
 cover all costs. 
 
 Resident plaintiff or plaintiffs may, in lieu of bond, deposit the sum of fif- 
 teen dollars, or iu case the plaintiff' or plaintiffs have a jvist cause of action 
 and are unable to give .security for costs, by filing an affidavit, showing these 
 facts, no bond shall be required. 
 
 Courts. — Jurisdiction and Terms : The courts of this state are the supreme 
 court, district courts, probate courts, and courts of justices of the jieace. 
 
 S'qyreme Court. — The supreme court has original jurisdiction in proceedings 
 Inquo warranto, viandamus and habeas corpus, and all other writs necessary 
 to theexercise of its appellate jurisdiction, andexclusive ai^pellate jurisdiction 
 to review, upon appeal, every judgment or final order of the district coiirts. 
 
 District Courts. — The district court has general original jurisdiction of all 
 matters both civil and criminal, and jurisdiction in cases of appeal and error 
 from all inferior courts and tribunals. 
 
 Probate Courts. — The probate court is also a court of record, and within 
 their respective counties have original jurisdiction ; 1st. To take the proofs 
 and admit to probate last wills and testaments ; and to admit to record 
 authenticated copies of last wills and testaments duly admitted to prolsate in 
 foreign courts ; 2nd. To grant and revoke letters testamentary and of ad- 
 ministration ; 3rd. To direct and control the official acts of executors and 
 administrators, settle their accounts and order the distribution of estates ; 
 4th. To appoint and remove guardians for minors, jiersons of unsound mind, 
 and of habitual drunkards, and make all necessary orders relating to their 
 estates, to direct and control their official acts and to settle their accounts ; 
 ■5th. To bind apprentices and exercise such control and make such orders 
 respecting them and their masters as the law prescribes ; 6th. To hear and 
 <letennine cases of habeas corpus ; 7th. To have and exercise the juris- 
 diction and the authority provided by law respecting executors and adminis- 
 trators, and the settlement of the estates of deceased persons. 
 
 Justices^ Court. — .Justices' court have jurisdiction in actions for the recovery 
 of money where the amount claimed docs not exceed $oOO, (and to recover 
 the possession of personal ])roperty where the value thereof does not exceed 
 $100), and actions for forcible entry and detainer, or of detainer only, of real 
 2>roperty, where the title or boundry thereof in no wise comes in question. 
 
 Court Calendar. — 
 
 UNITED STATES COURTS. 
 
 The State comprises one district. 
 
 Associate Jusfirr of f he Supreme Court, Hnmuel F. Miller, of Iowa ; Circuit .Tudge, 
 David J. Brewer, of Leavenworth; JHslrivt .Tudge, Cassius G. Foster, of Topek'a ; 
 United Stales Attorney, W. C. Perry, of l''ort Scott ; ITnited States Marshal, W. C. Jones, 
 of lola; Clerk (Hrcuit Court, A. S. Thomas, of Topeka ; Clerk District Court, J. C. 
 Wilson, of Topelia. 
 
 jTerwi-s— Of tlic Circnit Court are held at Leavenworth on the ]st Monday .Tune; at 
 Topeka on the 4tli Monday November, jind at Fort Scott on the 2d Monday .January 
 of each year. Tlic Distrift Court is lield at Leavenworth on the '2d Monday October; 
 at Topeka on tlie 2d Monday April, and at Fort Scott on the 2d Monday .January of 
 each year. 
 
 [Kan. 7.]
 
 298 
 
 KANSAS. 
 
 STATE COURTS 
 
 STJPREMK COURT. 
 
 Chief Justice, Albert H. Horton, of Atchison; Associate Justices, Daniel M.Valentine, 
 of Topeka; William A. Johnson, of Minneapolis* Vommissioners, B.F.Simpson, of 
 Topeka; J. B. Clogston, of Eureka; Joel Holt, of Beloit. 
 
 Jerins—Oi the 8preme Court are held at Topeka, beginning on the 1st Tuesdays of 
 January and July in each year, but the judges meet every month between these 
 dates and flle opinions and transact such business as may come before them, 
 
 DISTRICT COURTS. 
 
 The State is divided into twenty-nine judicial district. The several counties com- 
 prising the several districts, and the first day of the several terms in each county are- 
 as follows : 
 
 County. 
 Allen . . . . 
 Anderson. . 
 Atchison . . 
 Barber . . . 
 
 Barton . . . 
 Bourbon . . 
 Brown . . . 
 Butler . . . 
 Chase . . . . 
 
 Chautauqua . 
 Cherokee . . . 
 
 Clay 
 
 Clark 
 
 Cloud 
 
 Coflfey . . . . 
 Comanche . . 
 Cowley . . . . 
 Crawford.. . . 
 Cheyenne . . 
 
 Davis 
 
 Decatur. . . . 
 Dickinson . . 
 Doniphan . . 
 Douglas . . . 
 Edwards. . . . 
 
 Elk 
 
 Ellis 
 
 Ellsworth. . . 
 
 Ford 
 
 Franklin. . . . 
 
 Finney 
 
 Gove 
 
 Graham. . . . 
 Greenwood.. . 
 Hamilton . . 
 
 Harper 
 
 Harvey 
 
 Hodgeman.. . 
 .Tackson. . . . 
 Jefferson. . . . 
 Jewell . . . . 
 Johnson . . . 
 Kingman. . . 
 Kiowa . . . . 
 
 Labette 
 
 Lane . . 
 Leavenworth 
 Lincoln. . . . 
 
 Linn 
 
 Lyon 
 
 Logan . . . . 
 
 County Seat. 
 
 lola 
 
 Garnett. . . 
 Atchison. . . 
 Medicine 
 
 Lodge . 
 Great Bend. 
 Fort Scott. . 
 Hiawatha. . 
 EI Dorado . 
 Cottonwood 
 Falls . 
 Sedan . . . 
 Columbus. . 
 Clay Centre. 
 Ashland . . 
 Concordia . 
 Burlington.. 
 Coldwater . 
 Winfleld. . 
 Girard. . . . 
 Bird City.. . 
 Junction City 
 Oberlin . . 
 Abilene . . 
 Troy . . . 
 Lawrence 
 Kinsley. . 
 Howard City 
 Hays City . 
 Ellsworth. . 
 Dodge City. . 
 Ottawa. . . . 
 Garden City 
 Gove City. . 
 Millbrook. . 
 Eureka. . . . 
 Syracuse. . . 
 Anthony . . 
 Newton . . 
 Jetmore. . . 
 Holton. . . . 
 Oskaloosa. . 
 Mankato. , . 
 Olathe . . . 
 Kingman. . 
 Greeusburg. 
 Oswego . . . 
 Watson . 
 .Leavenworth 
 Lincoln. . . 
 Mound City 
 Emporia. . . 
 St. John . . 
 
 Marion . . . , 
 Marshall.. . , 
 McPherson.. 
 Miami ... 
 Mitchell. . . . 
 Montgomery 
 Morris . . . 
 Morton.. . . 
 Meade . . . 
 Nemeha . . 
 [Kan. 8.] 
 
 Marion. . . . 
 Marysville. . 
 McPherson . 
 
 Paola 
 
 Beloit .... 
 .Indepcndenc 
 Council Grov 
 Richfield . 
 Meade Center. 
 Seneca . . 
 
 Dist. Terms. 
 
 7 ?idi Mon. March, June, 1st Mon. November. 
 4 1st Mon. March, September. 
 
 2 2d Mon. January, April, September. 
 
 24 1st Tues. February, June, October. 
 
 20 1st Tues. P'ebruary, June, October. 
 
 1st Mon. May, September, od Mon. December. 
 
 2J 1st Mon. February, May, November. 
 
 20 1st Tues. March, June, October, December. 
 
 2.5 1st Tues. February, June, December. 
 
 13 2d Tues. June, November, 4th Tues. February. 
 
 H 4th Mon. January, April, 3d Mon. September. 
 
 12 2d Mon. January, 1st Mon. May, 3d Mon. Sept. 
 
 24 3d Tues. March, November, 4th Tues. July. 
 
 12 4th Mon. April, October, 3d Mon. Februarj\ 
 
 1st Mon. April, November, 2d Mon. January, July, 
 
 24 1st Tues. March, November, 2d Tues, July. 
 
 13 1st Tues. April, September, 3d Tues. December. 
 11 1st Tues. January, April, 4th Tues. August. 
 
 17 2d Mon. May, October. 
 
 8 3d Mon. March, September. 
 17 3d Mon. April, September. 
 
 8 3d Tues. February, 4th Tues. May, 2d Tues. Oct. 
 
 22 1st Mon. January, .\pril, October. 
 
 4 1st Mon. February May, 2d Mon. November. 
 
 16 1st Tues. March, 4th Tues. October. 
 
 13 1st Tues. February, 3d Tues. May, October. 
 
 23 1st Mon. January, May, September. 
 
 14 4th Tues. February, May, Wed. after 1st Mon. Nov. 
 10 3d Tues. March, 2d Tues. November. 
 
 4 1st Mon. January, April, October. 
 
 27 1st Tues. January, 3d Tues. May, 4th Tues. August. 
 
 23 1st Mon. April, October. 
 
 17 2d Mon. June, 3d Mon. November. 
 
 26 1st Tues. January, May, September. 
 
 27 4th Tues. Januai'y, Jrfd Tues. June. 
 
 19 1st Tues. January, April, June, October. 
 
 9 1st Tues. January, May, September. 
 16 4th Tues. May, 1st Tues. October. 
 
 1 3d Mon. March, 1st Mon. June, 2d Mon. November.. 
 1 1st Mon. February, May, 2d Mon. October. 
 
 15 1st INIon. March, June, 2d Mon. November. 
 
 10 1st Mon. .lanuary. May, September. 
 
 28 1st Tues. December, May, September. 
 
 28 1st Tues. March, 2d Tues. June, 1st Mon. November.. 
 
 11 3d Mon. Februar>', 4th Mon. May, 2d Mon. October. 
 
 23 2d Mon. April, October. 
 
 1 3d Mon. April, September, IstMon. December. 
 
 14 1st Mon. February, May, 3d Mon. October. 
 
 6 1st Tues. April, 3d Tues. July, 2d Tues. November. 
 
 .5 1st Tues. February, May, September, December. 
 
 2:? At such time after the same is organized as the- 
 judge of the court may order. 
 
 25 Is'tTucs. March, May, November. 
 
 12 3d Mon. March, 4th Mon. August, 2d Mon. Dec. 
 2.5 1st Tues. January, April, September. 
 
 10 1st Mon. February, June, October. 
 
 15 2d Mon. .January, 3d Mon. April, 4th Mon. Sept. 
 
 11 'Jd Tues. March, 1st Tues. August, 2d Tues. Dec. 
 8 2d Mon. April, November. 
 
 27 "d Tues. March, November. 
 
 24 2d Tues. April, December, 3d Tues. August. 
 22 1st Mon. March, September, December.
 
 KANSAS. 
 
 29i> 
 
 County. County Scat. Di.it. 
 
 Neosho. . 
 Ness. . . 
 Norton. . 
 Osage. . . 
 Osborne 
 Ottawa. . 
 Pawnee . 
 Phillips 
 
 . Eric 
 
 . Mess City.. . . 
 
 . Norton 
 
 . Lj'ndon . . . 
 
 . Osborne . . . 
 
 . Minneapolis. . 
 
 . Larncd 
 
 , . . Phillipsburg. . 
 
 Pottawatomie Westmore- 
 land . . 
 
 Pratt luka 
 
 Rawlins.. . .Atwood.. . . 
 
 Reno Hutchinson . 
 
 Republic... .Belleville.. . 
 
 Rice Lj'ons .... 
 
 Riley Maiihatten.. . 
 
 Rooks .... Stockton. . . . 
 
 . Rush Lacrosse . . . 
 
 Russell .... Russell 
 
 Sallna .... Salina 
 
 Scott Scott City. . . 
 
 Sedgwick . . . Wichita . . . 
 
 Seward Fargo Springs 
 
 Shawnee . . . Topeka 
 
 Sheridan... . Hoxie 
 
 Smith Smith Centre. 
 
 Stafford . . . St. John . . . 
 
 Stevens Hueoton . . . 
 
 Snmner . . . . Wellington. . 
 
 Thomas . . . Colby 
 
 Trego Wakeeny . . . 
 
 Wabaunsee . Alma 
 
 Washington . Washington.. 
 Wallace . . . Wallace. . . . 
 
 Wichita. . . 
 Wilson.. . . 
 Woodson.. . 
 Wyandotte . 
 
 . Fredonia . . . 
 . Yates Centre.. 
 . Kansas City . 
 
 Term.'!. 
 
 7 1st Tucs. April, 2d Tuos. July, 3d Tucs. November. 
 
 2.{ 4th Mon. January, May, September, 1st Mon. Dec. 
 
 17 1st Mon. April, September. 
 
 21 1st INIon. April, Ml Mon. June, 2d Mon. November. 
 
 1') 1st Mon. P'ebruary. 2d Mon. May, 3d Mon. October. 
 
 S 1st Tues. May, 4th Tucs. August, 2d Tucs. December, 
 
 Ki let Tues. May, 2d Tues. Jjecember. 
 
 17 od Mon. ilarch, 4th Mon. July, 2d >Ion. December. 
 
 21 1st Mon. February, 8d Mon. Mav, 4th Mon. Sept. 
 
 20 ist Tues. April, 3d Tues. September, 1st Tues. Dec 
 
 17 1st Mon. May, October. 
 
 'J Ist Tues, March, June, November. 
 
 12 4th Mon. Januarj', May, 2d Mon. October. 
 
 20 1st Tues. January, ^lay, September. 
 
 21 1st Mon. May, September, 2d Mon. .January. 
 
 17 1st Mon. March, 2d JMon. July, 4tli Mon. November.. 
 23 3d Mon. May, November. 
 
 14 2d Tues. January, 3d Tues. April, 1st Tues. October, 
 
 14 3d Tues. ]Slarch, 1st Tues. September, December. 
 27 1st Tues. May, 4th Tues. November. 
 
 18 1st Tues. January, March, May, September, Nov. 
 27 3d Tues. February, September. 
 
 3 2d Mon. January, 1st Mon. April, September. 
 
 17 1st Mon. June, 2d Mon. November. 
 
 15 4th Mon. March, 1st Mon. September, December. 
 
 20 1st Tues. March, November, od Tues. June. 
 27 1st Tues. Apri 1, October. 
 
 19 1st Tues. P^ebruary, May, September, November. 
 17 4th Mon. May, October. 
 
 23 3d Mon. Januarj*. 2d Mon. May, 3d Mon. Sept. 
 
 21 1st Mon. March, June, 3d Mon. October. 
 12 1st Mon. April, June, 4th Mon. November. 
 
 23 4th Mon. April, October, after the same is declared 
 
 organized. 
 
 27 1st Tues. June, 2d Tues. December. 
 
 7 let Tues. May, February, 2d Tues. September. 
 
 7 1st Mon. March, June, 2d Mon. October. 
 
 29 1st Mon. March, June, December, 3d Mon. Sept. 
 
 Curtesy. — The estate of dower and curtesy are abolished in Kansas. 
 
 Deeds. — No statutory forms of conveyances or mortgages are prescribed. 
 The wife should join with her husband in the conveyance, if she has not 
 waived her right by an ante-nuptial agreement. Power of attorney to convey 
 lands (as well as deeds) must be acknowledged and recorded. If within the 
 state, the acknowledgment must be before the same officers designated in 
 acknowledgments. 
 
 Unacknowledged deeds may be proven before any officer authorized to take 
 acknowledgments. The wife need not be ' ' examined apart from her husband ' * 
 or "relinquish her dower." 
 
 Neither seals, scrolls nor wafers are required in the execution of a deed by 
 a private person. 
 
 Corporations must execute conveyances signed by the president or presi- 
 ding officer, and sealed with the common seal of such corporation. The 
 husband must join in conveyance of wife's property. 
 
 Form of Warranty Deed. 
 
 18 — , between of 
 
 of county, in 
 
 TTiis Indenture, Made this day of , A. D 
 
 county, in the state of , of the first part, and 
 
 the state of , of the second part : 
 
 Witnesseth, That said i)art — of the first part, in consideration of the sum 
 
 of dollars, the receipt of which is hereby acknowledged, do — by these 
 
 presents, grant, bargain, sell, and convey unto said part — of the second 
 
 part, heirs and assigns, all the following described real estate, situated 
 
 in the county of and state of , to-wit : 
 
 (Description of land or lots.) 
 
 To have and to hold the same, Together with all and singular the tene- 
 
 [Kan. 9]
 
 300 KANSAS. 
 
 jneuts, hereditaments, and appurtenances thereunto belonging, or in any wise 
 appertaining, forever : 
 
 And said for (himself, themselves, or herself, as the case may be) and 
 
 heirs, executors or administrators, do — hereby covenant, promise and 
 
 agree, to and with said part — of the second part, that at the delivery of 
 these presents lawfully seized in own right, of an absolute and in- 
 defeasible estate of inheritance, in fee simple, of and in all and singular, the 
 above granted and described premises, with the a^jpurtenances ; that the 
 «ame are free, clear, discharged and unincumbered of and from all former 
 and other grants, titles, charges, estates, judgments, taxes, assessments. and 
 encumbrances of what nature or kind soever : 
 
 (Here insert any exceptions such as liens assumed by grantee) and 
 
 that will warrant and forever defend the same unto said part — of the 
 
 second part, heirs and assigns, against said part — of the first part, 
 
 heirs, and all and every j^erson or persons whomsoever, lawfully claiming or 
 to claim the same. 
 
 In witness whereof. The said part — of the first part ha — hereunto set 
 
 hand- the day and year first above written. 
 
 ACKNOWLEDGMENT. 
 
 State of Kansas, I 
 County of . S ' 
 
 Be it remembered. That on this day of , A. D. 18 — , before me a 
 
 in and for said county and state, appeared , (to me) personally 
 
 known to be the same person — who executed the foregoing instrument, and 
 duly acknowledged the execution of the same. 
 
 In testimony whereof, I have hereunto subscribed my name and affixed my 
 ofiicial seal on the day and year above written. . 
 
 Form of Quit Claim Deed. 
 
 This Indenture, Made this day of 18 — , between of 
 
 county, in the state of , of the first part, and of county, in the 
 
 state of of the second part : 
 
 Witnesseth, That said part — of the first part, in consideration of the sum 
 
 ■of dollars, the receipt of which is hereby acknowledged, do — by these 
 
 presents, remise, release, and quit claim unto said part— of the second part, 
 
 heirs and assigns, all the following described real estate, situated in the 
 
 county of , and the state of , to-wit : 
 
 (Here follows the description of the land to be conveyed. ) 
 
 To have and to hold the same, together with all and singular the tene- 
 ments, hereditaments, and appurtenances thereunto belonging or in any wise 
 appertaining, forever : 
 
 In witness whereof, The said part.— of the first part ha — hereunto set 
 
 hand — the day and year first above written. 
 
 acknowledgment. 
 
 \State op Kansas, ? ^^ 
 County of *i ' ' 
 
 Be it remembered, That on this day of , A. D. 18 — , before me. a 
 
 in and for said county and state, appeared (to me) personally 
 
 known to be the same person — who executed the foregoing instrument and 
 -duly acknowledged the execution of the same. 
 
 In testimony whereof, I liave hereunto subscribed my name and affixed my 
 
 official seal on the day and year above written. . 
 
 [Kan. 10.]
 
 KANSAS. 301 
 
 Descent and Distribution. — After allowing the widow and children of any- 
 deceased intestate a homestead of one hundred and sixty acres of farminj^ 
 land or one acre within the limits of an incorporated city or town, occupied 
 by the intestate and his family as a residence at the time of his or her death 
 one-half absolute to her and the other half absolute to the children. 
 
 If there are no children the widow is entitled to the homestead ; if children 
 are left and no widow, the children take it. If the deceased left a widow and 
 children, the homestead cannot be divided until the youngest child arrives at 
 the age of majority, unless the widow again marry. One-half in value of 
 all property in which the husband at the time of his death had a legal or 
 equitable interest, or all real estate in which the husband at any time during 
 his marriage had a legal or equitable interest, which has not been sold on 
 execution or other judicial sale, and not necessary for the payment of debts, 
 and of which the wife has made no conveyance, shall be set apart by the ad- 
 ministrator or executor as her property in fee simple. The wife has no inter- 
 est in lands conveyed by the husband when at the time of the conveyance she 
 is not or never has been a resident of the state. The widow is an heir of one- 
 half of the decedent's estate, and the remaining half is distributed equally 
 among the children. The widow's portion can not be affected by any will of 
 the husband if she objects thereto, and relinquishes all rights conferred ui^on 
 her by the will. 
 
 The husband is entitled to the same interest in the property of his deceased 
 wife as the wife is in that of her deceased husband. 
 
 If the intestate leaves neither wife or children the whole estate goes 
 to the parents or surviving jjarent. If both parents are dead the estate 
 is disposed of as if they or either of them had outlived the deceased 
 and died in ownership and possession of the portion thus falling to their 
 share or either of them, and so on through ascending ancestors and their 
 issue. 
 
 If any child be dead the heirs of such child inherit as if such child out- 
 lived its parents. 
 
 Any married person having no children may devise one-half of his or her 
 property to any other person. 
 
 Illegitimate children inherit from the mother and from the father whenever 
 they have been generally and notoriously recognized by him as his children. 
 When an illegitimate child will inherit from either parent such parent will 
 inherit from the illegitimate child. 
 
 Deposition. — Depositions are taken upon notice to the opposite party. 
 The notice must be served so as to allow the adverse party sufficient 
 time, by the usual route of travel, to attend, and one day for preparation, 
 exclusive of Sunday and the day of service. Courts are also authorized to- 
 appoint commissioners to take depositions. 
 
 Instructions for taking Depositions. 
 
 CAPTION. 
 
 Depositions of sundry witnesses taken before me, (here insert the name of" 
 
 the officer and his official character, etc.) within and for the county of in 
 
 the (state or .territory) of on the day of in the year be- 
 tween the hours of a. m. and p. m, at (here insert the place same 
 
 as in notice) in said county, pursuant to the annexed notice (or agreement as 
 
 the case may be) in an action pending in the ( court) within and for the 
 
 county of and state of Kansas, wherein is plaintili" and is de- 
 fendant. 
 
 The said in person, and by his 'attorney • appeared, and the said 
 
 ■ (stating whether the adverse party appeared) ; thereupon the said 
 
 produced the following witnesses in the following order ; A. B. (name of" 
 witness) of lawful age being by me first duly examined, cautioned and solemn- 
 ly sworn (or affirmed) to testify to the truth, the whole truth, and nothing 
 
 [Kan. 11.1
 
 302 KANSAS. 
 
 "but the truth, deposes and says (here write the deposition and proceed in 
 same manner with each witness). 
 
 Depositions may be taken in narrative form or the questions and answers 
 may be written down and each noted in the left hand margin. 
 
 Depositions must be written in the presence of the officer taking the same, 
 either by the officer, the witness or some disinterested person, and subscribed 
 by the witness. 
 
 If any* adjournments are had they shoukl be noted and the reasons therefor 
 given. 
 
 Objections to any part of the deposition shovikl be written down by the 
 officer, showing tlie party making the objection and the reasons, if any are 
 given. Each witness must sign his own deposition. 
 
 The notice must be attached to the deposition. 
 
 Depositions shoukl be commenced on the day named in the notice and some 
 portion of the same taken on each subsequent day, Sundays excepted. A 
 legal reason for every adjournment should appear in the officer's certificate. 
 
 The above instructions should be followed except where modified by agree- 
 ment or stipulation, in which case the agreement or stipulation should follow 
 or be attached with the notice and be referred to by the officer in his certifi- 
 cate. 
 
 The fees for taking depositions should be taxed at the bottom of the certi- 
 ficate and a memorandum made by whom paid, if paid. 
 
 Fees are allowed as follows ; swearing each witness ten cents ; for each 
 hundred words in deposition and certificate, fifteen cents. 
 
 The officer may retain the deposition until costs are paid, including that of 
 witnesses and the officer serving processes. 
 
 Depositions taken out of the state may be taken by a judge, justice or 
 chancellor of a court of record, a justice of the peace, notary public, mayor 
 or chief magistrate of any city or incorpoi'ated town, or before a commission- 
 er appointed by the governor of this state or special commissioner appointed 
 by the court ; and must not be a relative or attorney of either party, or other- 
 wise interested in the event of the action or proceeding. 
 
 At the close of the deposition, the officer taking the deposition shall append 
 the following certificate. 
 
 State of . I 
 
 County, S ' 
 
 I, , a , within and for the county of in the state of -, do 
 
 hereby certify that (naming the witnesses who have testified) were by me 
 duly sworn (or affirmed) to testify to the truth, the whole truth and nothing 
 but the truth, and the depositions by them respectively subscribed as above 
 
 set forth, were reduced to writing "by myself (or in my presence by a 
 
 person not interested in the suit) and in the presence of the witnesses, and 
 were respectively subscribed by said witnesses in my presence, and taken at 
 the time and place specified in the annexed notice (agreement or stipulation) 
 
 (and from day to day until the day of 18—), and that I am not a 
 
 relative, counsel or attorney of either party or othei'wise interested in the 
 event of this action or proceeding. 
 
 Witness my hand (and official seal) at in said county this day of 
 
 18—. 
 
 [seat,.] (Official Signature.) 
 
 The deposition so taken must be sealed vip, and endorsed as follows : 
 
 Address — To (clerk of the district court, or justice of the peace as the case 
 
 may be), at , county, state of Kansas, — and across the end 
 
 write tlie following. 
 , plaintiff, , 
 
 vs. 
 — defendant. 
 
 In the court, county of Kansas, 
 
 [Kan. 12,]
 
 KANSAS. 303 
 
 Depositions on belialf (the party taking the same), taken before, sealed up 
 and addressed by nie, a within and for county, Kansas. 
 
 (Official Signature.) 
 
 Every deposition intended to Ijc ust^d as evidence must be filed ut least one 
 day before the trial. 
 
 Form of Notice to take Depositions. * 
 
 lu the District Court of county, Kansas. 
 
 . plaintiff, ^ 
 
 ZSIotice to take depositions, 
 defendant. ^ 
 
 To . 
 
 You are hereby notified that the deposition of and other witnesses 
 
 to be used as evidence on the trial of the above-entitled action, in behalf of 
 
 the will be taken at the ofiice of , in the of , in the 
 
 county of , in the state of , on the day of , 18 — , 
 
 between the hours of eight o'clock, A. M., and six o'clock, P. M., and that 
 the taking of the same will be adjourned from day to day, between the same 
 hours, until said depositions are comijleted. 
 
 Waiver of all objections to ■! 
 
 the official character of the offi- 1 , 
 
 cer hereby entered, and .service 
 of the above notice hereby ack- 
 nowledged, this day of 
 
 .18—. 
 
 Attorney for . Attorney for . 
 
 Divorce. — Divorces are granted for the following causes, and by the dis" 
 trict courts only : 
 
 Husband or wife living at time of marriage, abandonment for one year, 
 adultery, impotency, pregnancy of wife at the time of marriage by other 
 than her husband, extreme craelty, fraudulent contract, habitual drunken- 
 ness, gross neglect of duty and conviction of a felony, and imprisonment 
 therefor, subsequent to marriage. 
 
 Plaintiff" must have resided in the state one year, and suit must be brought 
 in the county of residence, by petition verified by the plaintiff. 
 
 Sen'ice may be made by summons when the defendant lives in the state, 
 and by publication when the defendant is a non-resident. Each party may 
 testify and depositions may be used. Alimony, pendente lite may be allowed 
 the wife by court, or judge in vacation. By request, the wife may assume 
 her maiden name, if the divorce be granted for the fault or aggression of the 
 husband. 
 
 The custody of the children and the division of the property is left to the 
 discretion of the court. 
 
 Absolute divorces only are granted, but suits for alimony alone may be 
 brought, and the court in its discretion may refuse to grant a divorce when 
 asked for, anrl may make such order as may be proper for the custody, main- 
 tenance and education of the cliildren, or the control and disposition of the 
 property. 
 
 A divorce granted at the instance of one party .shall operate as a dissolu- 
 tion of the marriage contract. 
 
 Proceedings to rever.se a decree of divorce must be commenced within six 
 months after rendition of the same, during which time it is bigamy for either 
 party to marry. 
 
 [Kan. 13. 1
 
 304 KANSAS. 
 
 Dower. — (.See Curtesy.) 
 
 Evidence. — Record Evidence. — Either party may exhibit to the other, or 
 his attorney, any time before the trial, any paper or document material to tlie 
 trial or action, and request an admission of its genuineness in writing. If 
 the party refuse or fail within four days to give such admission, and the party 
 oftering the same is put to any expense to prove the genuineness, and the 
 same is fipally proved or admitted, tiie costs of proof shall be paid by the 
 party refusing to make the admission, unless good reasons appear for such 
 refusal. 
 
 Certified copies of patents, plats, chattel mortgages, records of any corpora- 
 tion, duly authenticated by the signature of the president and secretary, un- 
 der corporate seal ; copies of plats and field notes, duly certified by the 
 county surveyor ; copies of will with order of court annexed, certified by the 
 probate judge under seal of the court ; and record of marriage licenses 
 shall be admitted in evidence when they become material. 
 
 Copies of all papers authorized or required by law to be filed or recorded 
 in any public office, or of any record required to be made and kept in any 
 such office, duly certified by the officer having legal custody of such jiaper or 
 record under his official seal, if he have one, may be received in evidence the 
 same as the original, when the original is not in the possession or under the 
 control of the party desiring to use the same. 
 
 Depositions of any witnesses may be used when the witness does not live 
 in the county where the action is pending or tried ; where the witness from 
 age, infirmity or imprisonment is unable to attend, or where the oral testi- 
 mony of the witness is not required. 
 
 Oral Evidence. — No person is disqualified as a witness by reason of his 
 being a party to, or interested in the event of an action, or on account of any 
 religious belief or conviction of a crime. 
 
 Executions. — May be ordered as soon as judgment is obtained. It is the 
 duty of the justice, without any order, to issue execution within ten days 
 from the rendition of judgment. 
 
 Executions are made returnable within thirty days. Personal property 
 only can be levied on by execution from justice court, and the property levied 
 upon, must be advertised for ten days and sold at auction to the highest 
 bidder. 
 
 Real estate sold under execution or order of sale in the district court must 
 be appraised, except where appraisement is waived by the terms of the in- 
 strument upon which judgment is rendered, and must bring two-thirds of the 
 appraisement value. Personal property is not appraised. 
 
 Stays of execution are granted as follows : on any judgment for $20, and 
 under, thirty days ; over $30, and under $50, sixty days ; over $50 and not 
 to exceed $100, ninety days ; over $100, one hundred and twenty days. There 
 is no redemption of land sold under execution or other legal process. 
 
 There is no stay of execution in the district court, except where a case is 
 taken to the supreme court on appeal, and the party appealing has given 
 bond. 
 
 In justice court execution is stayed by appealing and filing a bond within 
 ten days after the judgment is recorded. 
 
 Executors. — ( See Administration. ) 
 
 Exemptions. — Homestead to the extent of IGO acres of farming land, or 
 one acre within an incorporated town or city, with buildings thereon, un- 
 limited in value. 
 
 Every head of the family, residing in the state, shall have exempt, family 
 bible, school books and family library, family pictvircs and musical instru- 
 ments used by the family, all wearing apparel of the family, all beds, bed- 
 steads and bedding used by the family, one cooking stove and appendages, 
 IKan. 14.]
 
 KANSAS. 305 
 
 and all other cookinj^ utensils and all other stoves and appendages necessary 
 for the use of the debtor and family, one sewing machine, spinning wheel, 
 andallotlier implements of industry, and all other household furaiture not 
 herein enumerated, not to exceed 6'^00, two cows, ten hogs, one yoke of oxen 
 and one liorse or mule, <ir iu lieu of yoke of oxen and one horse or mule, a 
 span of horses or mules, and twenty sheep and their wool, necessary food for 
 the sui)port of such stoc^k for one year, one wagon, two plows, drag and 
 other farming utensils, not exceeding the value of $:100, grain, meat, vege- 
 tables, groceries, etc., for the family for one year ; the tools and implements 
 of any mechanic, minor or other person, kept for the carrying on of his 
 business, and in addition thereto, stock in trade not to exceed $400, in value, 
 library, implements and office furniture of any professional man. 
 
 A lien on the homestead may be created by husband and wife joining in a 
 mortgage, and the same is liable to mechanics' liens for building repairs, or 
 materials furnished. 
 
 A person not the head of a family may have tools, implements and .stock 
 in trade not to exceed $400, exempt from execution. 
 
 There is no exemption from the wages due to clerks, mechanics, laborers 
 or servants. 
 
 The wages of a debtor for his personal services any time within three 
 months next preceding the issuing of an execution cannot be applied to the 
 payment of his debts when it is made to appear by Jiis affidavit that such 
 earnings are necessary for the support of his family. 
 
 False Pretenses. — Any one who by false pretense shall obtain the 
 signature of any person to any written instrument, or obtain from any person 
 any money, personal property, right of action or any other things 
 of value whatsoever, upon conviction thereof shall be punished in the same 
 manner and to the same extent as for feloniously stealing said money or 
 property. Falsely representing or impersonating another, so as to receive 
 thereby money, goods or things in action is a felony, and is punished as above. 
 Every conveyance or assignment of property for the purpose of hindering or 
 defrauding or delaying creditors, is a misdemeanor; also the making, execu- 
 ting or delivering a deed or conveyance of any interest in lands or personal 
 property which had been previously deeded, sold, conveyed or assured. 
 
 Frauds, Statutes of. — All gifts and conveyances of goods and chattels 
 made in trust to the use of the party making the same, is void. 
 
 All gifts, grants or conveyances of land or personal property, made or 
 obtained with the intent to hinder, delay or defraud creditors, or to deceive 
 persons who shall purchase the same, shall be deemed utterly void. All sales 
 or conveyances of personal property unaccompanied by an actual and contin- 
 ued change of possession, shall be deemed void as against sub.sequent 
 purchasers without notice and existing and subsequent creditors, until it is 
 shown tliat such sale was made in good faith, and upon sufficient consideration. 
 This section shall not interfere with the provisions of law relating to cliattel 
 mortgages. Leases and other estates are invalid when they exceed one year 
 in duration ; unless the same be put in writing, signed by the party assigning, 
 granting or agreeing to the same. 
 
 No action shall be brought whereby to charge a party upon a special 
 promise to answer for the debt, defaultor miscarriage of another or to charge 
 an executor or administrator upon a special promise to answer damages out 
 of his own estate, or to charge a person upon any agreement made upon 
 consideration of marriage, or any contract on the sale of lands, or any interest 
 concerning lands, or upon any agreement that is not to be performed within 
 one year from the time of making thereof, unless the agreement upon which 
 the action shall be brought or some memorandum or note of it, shall be in 
 writing and signed by the person to be charged therewith, or by some other 
 person thereunto by him duly authorized. 
 
 Public officers are not allowed to contract for or have any private interest 
 in, directly or indirectly, any public works, of which they as officers may 
 have charge. 
 
 [Kan. 15.]
 
 ;^06 KANSAS, 
 
 Gamisliment. — In District Court. — Garnishment proceedings are auxiliary 
 to attachment proceedings, and partake of their nature. In cases of attach- 
 ment if the plaintiff, his agent or attorney file an affidavit, charging that some 
 person or corporation, naming them, is indebted to plaintiff and has property, 
 naming it, of the defendant ; a copy of the order of attachment, together 
 ■with a notice, that he appear before a clerk of the district court and answer 
 shall be served upon hiin. 
 
 In Justices' Court. — Garnishment proceedings may be had at the commence- 
 ment of suit for money or after judgment has been rendered. 
 
 Grace. — All bonds, notes and bills of exchange, except checks and sight 
 <lrafts or negotiable paper, shall be entitled to three days' grace in time of 
 ]>ayraent. When the last day of grace falls on Sunday, 4th of July, 25th of 
 December, first day of January, 30th day of May or any day duly authorized 
 for a fast or thanksgiving, the next preceding day shall be deemed the last 
 day of grace. ( See Bills of Exchange. ) 
 
 Homestead. — ( See Exemptions. ) 
 
 Insolvent Laws. — {See Assignment.) 
 
 Interest and Usury. — Legal rate seven per cent. 
 
 Parties may in writing contract for any rate not to exceed 12 per cent. 
 Judgments bear seven per cent, except when the contract sued on, specifies 
 the interest it bears ; then the judgment bears the same rate of interest, but 
 not to exceed 12 per cent. Excess of 12 per cent, is applied to liquidate the 
 principaL Purchasers at tax sales, in case of redemption, are allowed 
 twenty- four per cent. 
 
 Judgments — Of courts of record are liens on real estate or debtor within 
 the county, but lose their priority over other subsequent judgments unless 
 execution is issued and levied within one year after judgment. The lien can 
 be extended to other counties by filing therein certified copies of the judg- 
 ment. The lien continues for five years, and may be revived, but the issuance 
 of an execution during the life of the lien i)revents the judgment from 
 becoming dormant, for five years from the date of the issuance of the last 
 execution. Judgments in justices' courts become liens by filing a transcript 
 in the district clerk's office of the county in which they were rendered. 
 
 Judgments by default in district court can be taken from twenty-five to 
 fifty days from commencement of suit, owing to the kind of service obtained. 
 
 In Justices' court in three days, whether the case is contested or not. 
 
 No judgment can be obtained for attorney's fees in any note, bill of 
 exchange, bond or mortgage. 
 
 Justice of the Peace. — Are judges of inferior courts, not of record, and. 
 are elected by the votes of townships and incorporated cities, and hold their 
 office for the period of two years. Their jurisdiction extends to the limits of 
 the county, and in money demands may render judgments for amounts duo 
 on accounts, bills, notes or bonds not to exceed three hundred dollars. In 
 notions founded ui>oa an undertaking given in i)ursuance of law in any civil 
 proceeding i)endiiig before a justice or his successor in office, he shall have 
 .lurisdiction thereof when the sum due or demanded does not exceed five 
 hundred dollars. 
 
 In cases of r('i)U'vin and trespass the jurisdiction docs not exceed one 
 Jnindred dollars. 
 
 Actions may he brought in the county where any co-defendant resides, or 
 may be ^ummonl'd, and the justice of the peace having jurisdiction may issue 
 summons to the sheriff of any other county or counties where such co-de- 
 fendants may be served, and when summons shall have been served upon 
 said co-defendants, the justice shall have as full jurisdicticm as though all the 
 ilcfeiulants lived iu the county where the action is brought. 
 ilCan. ](!.]
 
 KANSAS. 307 
 
 Landlord and Tenant. — The relation of landlord and tenant inay be 
 terminated with or without notice; without notice when by writing the 
 notice is waived ; with notice of three montiis in cases of tenancy from year 
 to year ; thirty days' notice in cases of tenancy at will, and for three months 
 or less, i)rovided, if a tenant for the jjcriud of three months or longer refuse 
 to i)ay rent, when due, ten days' notice to quit shall determine the lease 
 uidess the rent is paid before the expiration of the ten days. 
 
 A tenant for three months or less, who shall neglect or refuse to pay rent 
 wlien due, only five days' notice is required to terminate the lease. 
 
 It generally requires fifteen days in cities before a landlord can terminate 
 a lease and get possession of his i)roperty, wlien tenants neglect or refuse to 
 pay rent when due. 
 
 Leases of houses or proi)erty for illegal purposes are void, and exceeding 
 one year, are void if not in writing. 
 
 If the lease is in writing the tenant may waive the benefit of lu>mestead 
 and exemption laws of the state. 
 
 License. — Commercial travelers are not required to take out license. 
 
 Liens. — Mechanics, tradesmen or laboring men. have lien upon the ])remises 
 on which they have made contract with the owner or his or her agent, per- 
 formed labor or furnished material to erect, alter or repair a building or 
 appurtenances to the same, also, forjiutting up machinery, fi.Ktures or attach- 
 ments to any building or performing labor or furnishing material for any 
 improvements on the premises. Thislienattaches when the ]>arty jierforming 
 the labor or furnishing the material, files with the clerk of the district court 
 a statement duly verified, setting forth the amount claimed, items, etc., name 
 of the owner and the description of the property. 
 
 Contractors shall file such statement within four months after the completion 
 ■of their contract. 
 
 Sub-contractors must file their statement for lien Avithin sixty days from 
 the completion of the building. 
 
 The risk of all payments made to the origninal contractor sliall be on the 
 owner, nntil sixty days after the completion of the building or improvement. 
 The owner shall not be liable to sub-contractors for a greater sum than the 
 •original amount of the contract. 
 
 Bonds legally issued by any county or township shall be a lien upon the 
 real estate thereof for the ])aymentof the ])rincipal and interest. 
 
 An attorney has alien on i)apers in his hands and money in the hands of 
 the adverse party belonging to his client, to the extent of amount due for 
 service. Thelien attaches on money in the hands of theadver.se party from 
 the time of notice served on adverse ]>arty. 
 
 Livery stable keepers and all other persons engaged in feeding cattle, liogs 
 or other live stock, have a lien for the feed and care bestowed upon them. 
 
 Any forwarding merchant, Avaiohouse keeper, (stage, express or railway 
 company, ) hotel keeper, carrier, or other bailer liaving a lien npon goods, 
 which have remained in .store or in jjossession of .such bailer for six months 
 or more, may proceed to sell the same or .so much of the same as is necessary 
 to j)ay the amount of the lien and expenses. 
 
 Limitations of Actions and Suits.— .^n action for the recovery «.f real 
 j)roperty sold on execution, or by executors, administrators or guardian.s, 
 brought by the execution debtor. <tr the heirs, ward or guardian, or any one, 
 claiming under them, after the date of the judgment or order of sale, must 
 be within five years after the deed is recorded. To recover by holder of tax 
 •deed within two years, and against holder of tax deed within five years after 
 recording of tax deed. Other actions for recovery of real property within 
 fifteen years after cause of action accmcs : On official bonds and contracts 
 in writing, five years, ('ontracts not in writing, three years. Trespass, 
 detinue, replevin^ injuries not arising on contract and relief on the ground 
 of fraud, two vears. 
 
 I Kan. 17]
 
 308 KANSAS. 
 
 Limited Partnerships. — May be formed by two or more persons for mer- 
 cantile, mechanical, or manufacturinjj purposes, only, and shall consist of 
 one or more general partners who shall be responsible as general partners 
 now are, and one or more special partners, who shall only be liable for the 
 amount of cash or property invested. 
 
 Such partnerships can only be formed by subscribing a certificate duly ac- 
 knowledged and tiled in the ofiice of the county clerk of the county where 
 the principal business of the partnership is situated, showing the name of 
 the firm, nature of the business, names of general and special partners,, 
 amount of capital stock of each partner and period said partnership begins 
 and ends, and publish the terms, and when certificate was recorded, for at- 
 least four weeks, immediately after the recording of the same, in some news- 
 paper published in the county. The special partners are treated as silent 
 partners. Actions respecting the business c-an only be prosecuted by and 
 against the general partners. Every partner who shall be guilty of any 
 fraud in the affairs of the special partnership shall be liable civilly to the 
 party injured, and shall be liable to an indictment for a misdemeanor, pun- 
 ishable by a fine or imprisonment, or both. 
 
 Dissolutions of limited partnerships, except by operation of law shall be 
 by expiration of time or by filing and recording a notice of such dissolution 
 in the office of the county clerk where the certificate of organization has- 
 been filed, and notice of such dissolution published four weeks in some 
 newspaper published in the county. 
 
 Married Women. — Have same rights as men concerning property and 
 business, and may carry on trade, sue and be sued, and sell and convey their 
 real estate precisely as their husbands can. The estate of dower and curtesy 
 are abolished. The homestead is the absolute property of the widow and 
 children, and the widow inherits in fee simple one-half of the estate of her 
 husband after payment of debts. {See Descent and Distribution.) Marriage 
 settlements, not equitable, are valid though made out of the state. 
 
 Mechanics' Liens.— (-See Liens.) 
 
 Minors. — The period of minority extends in males to the age of twenty- 
 one years, and in females to that of eighteen. 
 
 Minors are bound Hot only by contracts for necessaries, but also by his 
 other contracts, unless he disaffirms them within a reasonable time after he 
 attains his majority, and restores to the other party all money or property 
 received by him by virtue of the contract, and remaining within his control 
 at any time after his attaining his majority. Any parent may relinquish his- 
 right to control his child to any other person desirous of adopting the same. 
 The district court for good cause shown, may empower minors, by granting 
 to them the rights of majority, to purchase, hold, possess and control in 
 their own person and right, without the intervention or control of a guard- 
 ian or trustee, any goods, chattels, rights, interest in lands, tenements and 
 effects by such minor lawfully acquired or inherited. 
 
 Mortgages of Real Estate. — A mortgage of real estate, to be valid as 
 against subsequent bona fide purchasers, must be duly signed, acknowledged 
 and recorded in the office of the register of deeds of the county where the 
 land is situated in the same manner that other real estate conveyances are 
 recorded. In the absence of stipulations to the contrary, the mortgagor of 
 real property retains possession until the mortgage is duly foreclosed and the 
 sheriff's deed delivered to the purchaser. 
 
 Mortgages may be discharged on the margin of the record by mortgagee, 
 or his attorney, assignee or personal representative, acknowledging the 
 satisfaction of the mortgage in the presence of the register of deeds or his 
 deputy, who shall subscribe the same as witness, or by satisfaction entered 
 on the instrument and copied on the margin of the record by the register, or 
 by an independent release duly acknowledged and recorded: 
 [Kan. 18.]
 
 KANSAS. 309 
 
 There is no redemption of land sold under execution or other legal pro- 
 cess in this state. 
 
 A mortgage given to secure i)urchase money shall have preference over a 
 prior judgment against such purchaser. 
 
 Mortgages are foreclosed by suit only, in which all parties in interest, sub- 
 Bcquent lien holders as well as prior, are made parties defendant. 
 
 Ko real estate within this state shall be sold for the payment of any 
 in<mey, in security for which it may have been pledged, except in pursuance 
 •of a judgment of a court of comi)etent jurisdictiwi ordering such sale. 
 
 Notes and Bills of Exchange.— (-See BilU of Exchaiuje, etc.) 
 
 Oaths and Affidavits. — (See Ajfidavits.) 
 
 Partnerships. — General partners are liable to account to each other for 
 their management of the attairs of the concern, and are individually liable 
 lor the debts of the concern after its assets are exhausted. If loss hapj^ens 
 to the firm through the ordinary negligence of a partner he must bear 
 the loss. 
 
 Promissory Notes. — (See Bills of Exchange.) 
 
 Practice. — The state of Kansas has adopted a code of civil procedure em- 
 bracing and embodying the principal features of the codes of other states, 
 more particularly that of the state of Ohio. The common law, as modified 
 by the constitution and statutory laws and the customs of the people remain 
 in full force to aid the general statutes of the state. Statutes in derogation 
 of the common law are liberally construed with a view to promote its ob- 
 ject, and assist the parties in obtaining justice. 
 
 Proof of Claims. — In all actions, allegations of the execution of a written 
 instrument, and endorsements thereon of the existence of a corporation or 
 partnership, or any appointment or authority, or the correctness of an ac- 
 count duly verified by affidavit or affirmation of the party, his agent or at- 
 torney, shall be taken as true, unless the denial of the same be verified by 
 affidavit of the opapjsite party, his agent or attorney 
 
 Recording. — Every instrument in writing that conveys or affects the title 
 to real estate, proved or acknowledged and certified as hereinbefore de- 
 .scribed, may be recorded in the office of the register of deeds in the county 
 in which such real estate is situated, and such record shall impart to all per- 
 sons notice of the contents thereof, and all subsequent purchasers and 
 mortgagees shall be deemed to purchase with notice. 
 
 Redemption. — There is no redemption of land sold under execution or 
 other legal process, except for delinquent taxes. — (See Tax Laws and Mort- 
 gages.) 
 
 Replevin. — The plaintiff in an action to recover possession of specified 
 personal property may, at the commencement or any time before answer, 
 <;laim the immediate delivery of such property to him, by filing an affidavit, 
 and executing to the defendant an undertaking of not less than double the 
 value of the property in controversy as provided by statute. The officer 
 seizing the property shall hold the same twenty-four hours before delivering 
 the same to plaintitt", during which tunc, if the defendant give a redelivery 
 bond to plaintiff of not less than double the value of the property, the prop- 
 erty shall be returned to the defendant. 
 
 A justice of tt e peace has jurisdiction in all actions of replevin, where the 
 value of the property in controversy does not exceed oue hundred dollars. 
 
 [Kan. 19.1
 
 310 KANSAS. 
 
 Revenue. — The constitution provides for a uniform and equal rate of as- 
 sessment and taxation, and excepts ail jjroperty used exclusively for stat^^-, 
 county, municipal, literary, educational, scientific, religious, benevolent and 
 charitable purposes, and personal property to the value of at least two hun- 
 dred dollars for each family shall be exempt from taxation. 
 
 The legislature provides at each session for raising revenue to defray cur- 
 rent expenses. 
 
 The legislature may, for the purpose of defraying extraordinary expenses, 
 and making public improvements, contract public debts, but sucli debts shall 
 never aggregate over one million dollars. 
 
 The public debt may be increased to any amount by a direct vote of the 
 people. 
 
 The county commissioners, in counties having taxable property to the value 
 of $5,000,000, or less, may levy a tax for current expenses of one per cent, oil 
 the dollar, and when the taxaljle property amounts to over $5,000,000, the 
 rate of taxation shall not be more than one half of one per cent. 
 
 This rate may be increased by a direct vote of the people. 
 
 Revision. — The laws of Kansas were last compiled to include the acts of 
 1879, by C. F. W. Dassler. 
 
 The session laws are published by the state printer under the supervision 
 of the secretary of state, soon after the close of each session of the legisla- 
 ture. 
 
 Thirty-five volumes of the supreme court reports have been published. 
 
 An index digest or the supreme court reports, including volume 3o, has 
 been published by Irwin Taylor, of Topeka. 
 
 The laws and reports are published by authority of the state, and aro in 
 charge of and sold by the state Librarian. 
 
 Revivor. — In addition to causes of action which survive at common law,, 
 causes of action for mesne profits, or for an injury to the person or to the 
 estate, or for deceit or fraud, shall survive, and the action may be brought 
 notwithstanding the death of the person entitled or liable to the same. 
 
 No action pending in any court shall abate by tlie death of either party 
 thereto, except an action for libel, slander, malicious prosecution, for nui- 
 sance or misconduct of a justice of the peace, while in office, which shall! 
 abate by the death of the defendant. % 
 
 When one of the parties to an action dies, or his powers as a personal rep- 
 resentative ceases before judgment, if the action survives it may be revived 
 by order of the court in term time, or by a judge thereof in vacation. 
 
 Judgments become dormant in five years after being rendered, or last exe- 
 cution was issued. They, however, may be revived witliiu one year after 
 becoming dormant, by order of the court. 
 
 Seal. — No private seals in written contracts, except seals of corporations, 
 are necessary, and no scroll or representation of a seal after the signature in 
 any deed or contract, is of any legal value. 
 
 Security for Costs and other Undertakings.— (.SVe Costs.) 
 
 Stay of Execution. — There is no stay of execution in tlie district court, ex- 
 cept where the case is taken to the supreme court, and a bond (for superse- 
 deas) is filed, or in case of a foreclosure proceeding when the instrument 
 sued on waives appraisement, a stay of execution is h^ad for six months from 
 the time the judgment is rendered. 
 
 In justice court by filing bond within ten days after judgment is rendered, 
 {See Executions and Judijnients.) 
 
 Suits. — {See Actions.) 
 
 [Kan. 20.]
 
 KANSAS. 311 
 
 Supplemental Proceedings. — When an execution against the property of 
 ■ a debtor has been returned unsatisfied, and the defendant lias moneys, credits 
 or property subject to the payment of his debts, whicli lie secretes, and un- 
 justly refuses to apply on the payment of said execution, or having property 
 which is subject to execution, he is threatening or attempting to leave the 
 state, the plaintilf may file his atlidavit showing such facts, and have the de- 
 fendant arrested and examined in relation tolas property and intention t«> 
 leave the state, and he may be re(iuired to give bond, to submit to examina- 
 tion at any time he is directeiL and in default of bond he may be imprisoned. 
 
 Any property a debtor may have not exempt may be seized by attachment, 
 when there is danger of the ijlaintifFs losing his claim, or any of the ground* 
 for attachineiit exists. Moneys in the haiuls of creditors of the debtor may 
 be garnisheed at the beginning of a suit, when the plaintilf is in danger of 
 losing his claim, or after judgnaent, upon the filing of the afiidavit by plain- 
 tiff, showing the grcmuds for garnishment. 
 
 In some cases a receiver may be appointed to take charge of the debtor's 
 property, collect the credits, sell the property, and pay the debts. 
 
 Taxes. — The taxes levied in any year become a lien upon the real property 
 from first day of November. The owner may pay the full amount of his tax 
 on or before the 20th day of December, of each year, or at his option, one- 
 half may be paid on or before that date, and the remaining half on or before 
 the 20th day of .June next following. 
 
 If the first half of the taxes is unpaid after the 20th of December, all the 
 taxes immediately become due, and are subject to a penalty of five percent, 
 thereon, and all of said tax remaining unpaid on the lOtli day of March fol- 
 lowing, and all taxes of the preceding year which remain due and unpaid on 
 the 20th day of June of each year, shall be subject to have added thereto, an 
 additional penalty of five per cent., provided, if any person who shall pay 
 the full amount of his taxes on or before the 20th day of December of eacit 
 year, shall, by the treasurer, on his tax receipts, be allowed a rebate of five 
 per cent, on that portion becoming due on t he 20th day of June. 
 
 If taxes are not paid on the 20tli day of June the property is then subject 
 to sale. It shall be advertised between the first and tenth of July, and sold 
 for taxes and charges thereon on the first Tuesday of Heptember thereafter. 
 
 After sale, the owner, his agent or attorney, may redeem any time before a 
 tax deed is issued by payment to the county treasurer of the county where 
 such land was sold, for the use of the purchaser, liis heirs or assigns, the 
 amount for which said land was sold, and all subse<iuent taxes and charges, 
 with interest at the rate of twenty-four per cent, per annum on the amount 
 of purchase-money, from the date of sale, and all subseciuent taxes paid and 
 endorsed on the certifii-atc of sale from the date of payment of the same. 
 
 In the absence of any contract in relation to the ]tayment of taxes, the 
 grantor shall pay the taxes if the land is sold between the 1st day of Novem- 
 ber and the 1st day of March, and by the giantie, if sold between the 1st day 
 of March and the 1st day of November. 
 
 Lands sold for taxes, are redeemable at any time within three years after 
 the day of sale, and no tax deed can be issued within that time. Suits to set 
 aside a sale or conveyance of lands for taxes must be commenced within five 
 years froni the time of re(>ording the tax deed. 
 
 If the holder of a tax deed, or one claiming under him, being in possession, 
 be defeated in an action by or against him for the recovery of land sold iV)r 
 taxes, he shall be allowed all taxes paid on the land, interest, and all valua- 
 ble and lasting improvements. 
 
 Trust Deeds. — Declarations or creations of trusts or powers, in relation 
 to real estate, must be executed, acknowledged and recorded in the same 
 manner as deeds of conveyanc^e ; but this provision does not apply to trusts 
 resulting from (operation or construction of law. A person paying money to 
 or buying a title from a trustee, is not affected by the manner in which the 
 
 flCan. 21.1
 
 312 KANSAS. 
 
 trastee applies the money received. Every power, beneficial or in trust, shall 
 be irrevocable, unless an authority to revoke it is reserved in the instrument 
 creating the same. 
 
 Usury. — (i^ee Interest and Usury.) 
 
 "Wages. — {.See Exemptions.) 
 
 Wills. — Any person of full age, of sound mind and memory, having an in- 
 terest in real or personal property of any description, may give and devise it 
 away by will or last testament, lawfully executed, subject to rights of credi- 
 tors and surviving husband or widow. A will also includes codicils, and must, 
 if in writing, be signed at its close by the testator, and attested by two or 
 more competent witnesses, {^^e iorms; Attestation of Wills.) 
 
 A verbal will made in the last sickness shall be valid as to personal prop- 
 erty, if reduced to writing within ten days after the death of the testator, 
 sio-ned by two attesting witnesses, and jjrobated within six months after said 
 death. 
 
 Every will, when admitted to probate, shall be filed in the office of the pro- 
 bate court, and recorded, together with the testimony, in a book kept for that 
 purpose. Trusts created by will, made out of the state, relating to lands in 
 the state, may, after the copy of the will is admitted to record, be executed 
 by the execvitor or trustee giving a sufficient bond to the state of Kansas, duly 
 executed and approved by the probate judge, the same as trusts created with- 
 in the state. The surviving issue of a devisor takes the parent's share unless 
 otherwise directed in the will. 
 
 Witnesses. — No person or his assignee shall be allowed to testify in his 
 own behalf, in respect to transactions or communications had with a deceased 
 person when the adverse party represents such deceased person or his 
 interest. 
 
 The following persons are incompetent to testify : Persons of iinsound 
 mind, children under ten years of age, except in the discretion of the court, 
 husband and wife, for or against each other in civil actions, except in cases of 
 ao-eney or joint interest; but in no case concerning communications made 
 during marriage, (for exceptions to last, see Divorce), nor an attorney, clergy- 
 man, or physician, with reference to confidential communications made to 
 them, unless the party offers himself as a witness, in which case the commu- 
 nications to such attorney, clergyman or physician, on the same subject, are 
 admissible. 
 
 IKan. 22.1
 
 KANSAS. 
 
 313 
 
 ATTORNEYS IN KANSAS. 
 
 Bold Face Type denotes county seats. A dash (— ) less than 100 population. 
 Figures after names, when admitted to tlie Bar. A star (*) Notaries Public. 
 A double dagger (X) our Compiler of Laws. 
 A dagger (t) former recommendation withdrawn. 
 
 NAMES OP ATTORNEYS. POPULA'n 
 
 PLACE. 
 
 COUNTY, 
 
 Abilene 
 
 Dickinson 
 
 Alma 
 
 Wabaunsee 
 
 Anthony 
 
 Harper 
 
 Arkansas City 
 
 Cowley 
 
 Arniourdale 
 
 Wyandotte 
 
 Atchison 
 
 Atchison 
 
 Ashland 
 
 Clark 
 
 Atwood 
 
 Rawlins 
 
 Augusta 
 
 Butler 
 
 Baxter Springs 
 
 Cherokee 
 
 Belleville 
 
 Republic 
 
 Beloit 
 
 Mitchell 
 
 Buckner 
 
 Hodgeman 
 
 Burlingame 
 
 Osage 
 
 Burlington 
 
 Coftey 
 
 Caldwell 
 
 Sunnier 
 
 Carbondale 
 
 Osage 
 
 Cawker City 
 
 Mitchell 
 
 Channte 
 
 Neosho 
 
 Cherokee 
 
 Crawford 
 
 Cherry Vale 
 
 Montgomery 
 
 Chetoi)a 
 
 Labette 
 
 Clay Centre 
 
 Clay 
 
 Clyde 
 
 Cloud 
 
 Cofteyville 
 
 Montgomery 
 
 <3olunibus 
 
 Cherokee 
 
 (•oldwater 
 
 Comanche 
 
 Concordia 
 
 Cloud 
 
 Cottonwood Falls 
 
 Chase 
 
 Council Grove 
 
 Morris 
 
 Dodge City 
 
 Ford 
 
 Douglass 
 
 Butler 
 
 Downs 
 
 Osborne 
 
 C. S. Crawford, '83. 
 
 MALCOM NICOLSON. 
 ( F. A. NOFTZGER, '84. 
 I F. C. RANEY. '86. 
 ( R. B. SHEPARD, '78. 
 
 A. J. Pyburn. 
 
 J. B. Jenkins. 
 
 Mills & Wells. 
 
 John W. Ayres. 
 
 E. Schultz. 
 
 N. A. Yeager. 
 
 W. H. Hornor & Son. 
 
 T. M. NOBLE. 
 
 C. P. Stevens. 
 
 Wm. Fuller. 
 
 EZRA G. RUSSELL, '72. 
 
 Geo. M. Dixon. 
 
 S. P. G. Lewis. 
 
 Bradford & Gregory. 
 
 Chas. Hawkins. 
 
 Lapham & Brewster. 
 
 E. A. Perry. 
 
 A. L. AVilson. 
 
 J. PL Chrichton. 
 
 Harkness & Godard. 
 
 L. W. Barton. 
 
 S. G. Ayers. 
 
 J. N. Ritter. 
 
 SMITH & WALLIS, '81. 
 
 Caldwell & Peterson. 
 
 Young & Kelley. 
 ( E. S. Bertram. 
 (J: J. K. Owens. 
 
 Sutton & Soper. 
 
 J. E. Nichols. 
 
 Wm. ]Mellen. 
 
 Dighton. Lane County. Population 
 
 J. S. SniONS, Special attention to commercial liti- 
 gation and mortgage foreclosure. Refers to State 
 Bank of Dighton. 
 
 Eldorado 
 Ellsworth 
 
 Butler 
 Ellsworth 
 
 C. A. Leland. 
 S. P. Harrison. 
 
 3,516 
 640 
 
 2,132 
 
 4,500 
 
 1,582 
 
 20,000 
 
 700 
 
 300 
 1.800 
 1,500 
 
 719 
 4,000 
 
 150 
 1,574 
 3,500 
 2,000 
 1,230 
 1,200 
 2,000 
 1,400 
 4,000 
 2,000 
 4.850 
 2,000 
 2,500 
 3,500 
 
 3,002 
 1,000 
 
 2,000 
 
 2,500 
 1,200 
 1,200 
 
 4,573 
 2.000
 
 •314 
 
 KANSAS. 
 
 Emporia 
 
 I^yon 
 
 NAMES OF ATTORNEYS. POPULA K. 
 
 ci'NNiNGiTAM & Mccarty, t.o 
 
 Erie 
 
 Neosho 
 
 Eskridge 
 
 Wabaunsee 
 
 Eureka 
 
 Greenwood 
 
 Fargo Springs 
 
 Seward 
 
 Florence 
 
 Marion 
 
 Fort Scott 
 
 Bonrboii 
 
 Frankfort 
 
 .Marshall 
 
 Fredonia 
 
 AVilson 
 
 Galena 
 
 Cherokee 
 
 ' KELLOGG (L. B.) & SEDG- 
 
 i WICK (T. N.), '73 
 
 John Hall. 1,400 
 
 ^ t £>. V. Dowd. . 
 
 \ A. A. Graham. V"^'^ 
 
 W. C. HUFFMAN, '56. 3,207 
 THEO. BOTKIN, '74. — 
 
 {See Marion.) 1,80(^ 
 
 J. M. LIMBOCKER, '69. 7,867 
 
 W. J. Gregg. 1,000 
 
 T. J. Hudson. 1,477 
 
 E. E. Sapp. l,4ii:5 
 
 Garden City. Finney County. Population, Sl.T 
 
 BROWN, BIERER & COTTER AL. 
 HOPKINS, (W. R.,) HOSKINSON, (A. J.,) & 
 
 CARTWRIGHT, (DODD). 
 MORGAN, D. T. '76 
 PANKEY, WM. T. '85. 
 
 D. W. Houston. 
 JOHN F. BELLAMY, '70. 
 
 E. C. & T. C. Cole. 
 Sam. S. Sisson. 
 MONTGOMERY & HARRIS, 
 E. Bierer. 
 ( See Marion. ) 
 Lowell & Walker. 
 S. B. Oberdenden. 
 Geo. A. Amos. 
 J. P. HOUSER, '84. 
 Wm. Dunkin. 
 Benton & Scott. 
 Wm. Barrett. 
 J. N. McClure. 
 M. A. Chambers. 
 Ly decker & Leslie. 
 J. W. Crawford. 
 Jones & Jones. 
 James D. Snoddy. 
 L. H. Corse. 
 D. S. ALFORD. 
 
 ^ E. N. 0. Clough, '53. 
 \ CHAS. V. WHITE, '80. 
 
 C. B. Donghters. 
 
 John jMcPhail. 
 
 J. W. LORD, '81. 
 
 J. H. Bailey. 
 
 Wm. R. Moore. 
 
 SIMPSON, BOWKER & 
 
 TRAVIS, '70. 
 ^ Green & Ilessin. 
 i; f 8am. Kimhle. 
 
 Heron & Case. 
 S JOHN B. GREER. 
 \ HENRY A. McLEAN, 83. 
 
 Mann & Patei-son. 
 
 I)ENT(W & JONES. 
 
 3L CLABAUGH, '83. 
 
 Gamett 
 
 Anderson 
 
 Girard 
 
 Crawford 
 
 Great Bend 
 
 Burton 
 
 Harper 
 Hays City 
 Hiawatha 
 
 Harper 
 
 Ellis 
 
 Brown 
 
 Hillsboro 
 
 Marion 
 
 Holton 
 
 Jackson 
 
 Howard 
 
 Elk 
 
 Humboldt 
 
 Allen 
 
 Hutchinson 
 
 Reno 
 
 Independence 
 lola 
 
 Montgomery 
 Allen 
 
 luka 
 
 Pratt 
 
 Junction City 
 Kenneth 
 
 Davis 
 Sheridan 
 
 Kingman 
 Kinsley 
 La Cross 
 
 Kingman 
 Edwards 
 Rush 
 
 La Cygne 
 Lamed 
 
 Linn 
 Pawnee 
 
 Lawrence 
 
 Douglass 
 
 Leavenworth 
 
 Leavenworth 
 
 Lincoln 
 
 Lincoln 
 
 Lyndsburgh 
 
 Lyndon 
 
 Lyons 
 
 McCune 
 
 McPherson 
 Osage 
 Rice 
 Crawford 
 
 McPherson 
 
 McPherson 
 
 Manhattan 
 
 Riley 
 
 Mankato 
 
 Jewell 
 
 Marion 
 
 Marion 
 
 Marysville 
 Medicine Lodge 
 
 Meade Center 
 
 Marshall 
 
 Barber 
 
 Meade 
 
 2,107 
 3,410' 
 3,813 
 2,760 
 l,00l> 
 3,800 
 1,000 
 3,000 
 2,000- 
 3,045 
 5,000- 
 6,000 
 2,000' 
 
 300 
 4,500 
 
 150 
 3.500 
 3,500 
 
 178 
 
 1,100 
 
 3,500 
 
 10,035 
 
 29,368 
 
 550 
 1,()00 
 
 SOO 
 1,104 
 1,588 
 
 3,530 
 
 ;5,ooo 
 
 700 
 
 1,191 
 
 3,000 
 700
 
 KANSA8. 
 
 315. 
 
 Millbrook 
 Minneapolis 
 Mound City 
 
 Neodesha 
 Ness City 
 Newton 
 Nickerson 
 North Topcka 
 Norton 
 
 Oberlin 
 
 Olathe 
 
 Osage Mission 
 
 Osage City 
 
 Osawatomio 
 
 Osborne 
 
 Oskaloosa 
 
 Oswego 
 
 Ottawa 
 
 Paola 
 
 Parsons 
 
 Peabody 
 
 Phillipsburg 
 
 Pittsburg 
 
 Pleasanton 
 
 Pratt 
 
 Russell 
 
 Sabetha 
 
 Salina 
 
 Scranton 
 
 Sedan 
 
 Rcneca 
 St. John 
 Springfield 
 
 St. Mary's 
 Stockton 
 
 Smith Centre 
 
 Solomon Citv 
 
 COUNTY. 
 
 Graham 
 
 Ottawa 
 
 Linn 
 
 AVilson 
 
 Ness 
 
 Harvey 
 
 Reno 
 
 Shawnee 
 
 Norton 
 
 Decatur 
 
 Johnson 
 
 Neosho 
 
 Osage 
 
 Miami 
 
 Osborne 
 
 Jefferson 
 
 Labette 
 
 Franklin 
 
 Miami 
 
 Labette 
 
 Marion 
 
 Phillip 
 
 Crawford 
 
 Linn 
 
 Pratt 
 
 Russell 
 
 Nemaha 
 
 Salina 
 
 Osage 
 
 Chautauqua 
 
 Nemaha 
 Staffonl 
 Seward 
 
 Pottawatomie 
 
 Rooks 
 
 Smith 
 Dickinson 
 
 NAMES OF ATTORNEYS. POPULA'n 
 
 U. J. Harwi. 30O 
 
 Thompson & Richards. 2,500 
 
 John C. Cannon. 940 
 
 J. W. Sutherland. 1,250 
 
 S. A. Smith. 351 
 
 Ady & Henry. 5,12H 
 
 D. S. Dill. 1,50:5 
 J. H. Collier. 1,000 
 L. H. Thompson. 900 
 
 ^ O. R. FP]GAN, '82. . .... 
 
 ( MAY('72) & McELROY('76). ^''^"^ 
 
 J. P. St. John. 3,021 
 
 J. L. Dennison. 1,800 
 
 A. J. Utley. 4,000 
 
 H. B. SMITH, '80. 54:t 
 
 Hays & Pitts. 1,200 
 
 W. F. Gilhilv. 90O 
 
 Case & Glass. .3,000 
 
 Clark & Wilkinson. 8,000 
 
 W. T. Johnston. 5,000 
 
 David Kelso. 7,343 
 
 Dean & Hess. 1,800 
 
 W. H. Pratt. 70O 
 
 E. Van Gundy. 4,500 
 Blue & Rich. 1,500 
 CHAS. H. APT, '84. 56i^ 
 W. G. Eastland. 1,500 
 J. F. Thompson. 1,352 
 E. W. BLAIR, '82. 4,001>' 
 .John McCoach. 1,700 
 
 f PECKHAM (CHAS. J.), '59, 
 
 HENDERSON (BEN.S.),'68, . ^,,f. 
 
 1 & SHARTEL (JOHN W.). ^''^""' 
 
 I JOHN W. SHARTEL, '84. 
 
 J. E. TAYLOR, '63. 2,225- 
 GEORGE W. C. SHUTTER, '80. 500 
 JNO. R. F. MILES, County 
 
 Attorney 
 Hagen & McKay. 
 
 <; W. B. HAM. '81. 
 
 '( C. W. SMITH, '78. 
 Pattce & Sutherland. 
 E. W. Blair. 
 
 1,200 
 534 
 
 600 
 
 1.063. 
 
 Population, 50,000. 
 
 Topeka. Shawnee County. 
 
 H. L. Call, 624 Kansas Ave, 
 X Welch (C. M.) & Welch (R. B.), 517 Kansas Ave. 
 
 See Card in Apinndix, p'lijc ix. 
 
 Turon Reno R. S. SMEDLEY. 
 
 Troy Doniphan F. J. Close. 
 
 Valley Falls Jefferson Geo. W. ]\IcCammon. 
 
 Wakeeney Trego Monroe. Ilenkle & Dunn. 
 
 Wallace Wallace J. M. Sanders. 
 
 Wamego Pottawatomie I). V. Sprague. 
 
 Washington Washington J. W. Rector. 
 
 Waverly Coffey A. B. HUTCHINSON, '65. 
 
 fC. J. GARVER. 
 
 Txr^n- .„„ ^ , , ,„. J JOHN M. GRAHAM. 
 
 Wellington bumner j McDONALD ('76) & 
 
 L PARKER ('83). 
 
 30O 
 
 SCO 
 1,335 
 
 418 
 
 173 
 2,500 
 3,000 
 
 50O 
 
 6,344>
 
 316 
 
 KANSAS. 
 
 "Westmoreland 
 
 Wetmore 
 
 "Wichita 
 
 "Winfield 
 
 'Wyandotte 
 ITates Centre 
 
 COTJNTT. 
 
 Pottawatomie 
 Nemaha 
 
 Sedgwick 
 
 Cowley 
 
 Wyandotte 
 Woodson 
 
 NAMES OF ATTORNEYS. POPULA'N. 
 
 Hicks & Challis. 600 
 
 E. CAMPFIELD. 640 
 
 ( Noah Allen, '76. 
 
 { J. M. BALDERSTON, '69. 35,000 
 
 I E. E. M. COCHRAN, '80. 
 
 f PECKHAM & HENDERSON, 
 
 J Ref. Attorneys for First 4,183 
 
 ( National Bank. 
 
 J. E. Pickett. 12,086 
 
 W. H. Slavens. 1,500 
 
 BANKS IN KANSAS. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital of one 
 ft>anfe in each county of this state in whieii such abanliing institution is located. 
 
 PLACE. 
 
 Abilene 
 
 Alma 
 
 Anthony 
 
 Ashland 
 
 Atchison 
 
 Belleville 
 
 Beloit 
 
 Burlingame 
 
 Clay Centre 
 
 Concordia 
 
 Cottonwood Fa 
 
 Council Grove 
 
 Dodge City 
 
 El Dorado 
 
 Ellsworth 
 
 Emporia 
 
 Eureka 
 
 Fort Scott 
 
 Fredonia 
 
 Garden City 
 
 Garnett 
 
 Girard 
 
 Great Bend 
 
 Hays City 
 
 Hiawatha 
 
 Holton 
 
 Howard 
 
 Hutchison 
 
 Independence 
 
 lola 
 
 Jetmore 
 
 Junction City 
 
 Kingman 
 
 NAME OP BANK. 
 
 First National Bank 
 John F Limerick & Co 
 First Nation^ Bank 
 State Bank of Ashland 
 First National Bank 
 
 Traders' State Bank 
 First National Bank 
 Clou.d County Bank 
 lis Chase County Nat Bank 
 Farmers' & Drovers' Bank 
 First National Bank 
 Bank of El Dorado 
 First National Bank 
 
 Fredonia Bank 
 First National Bank 
 
 Bank of Hays City 
 First National Bank 
 
 Commercial Bank 
 Bank of Allen County 
 Hodgeman County Bank 
 Central Kansas Bank 
 Fanners' & Drovers' Bank 
 
 
 PAID UP 
 
 CASHIER. 
 
 CAPITAL. 
 
 Theo. Mosher. 
 
 $100,000 
 
 
 35,000 
 
 L. A. Walton. 
 
 50,000 
 
 Perry A. Scrogin. 
 
 25,000 
 
 J. T. Coplan. 
 
 100,000 
 
 E, H. Ambler 
 
 50,000 
 
 
 50,000 
 
 A. M. Miner. 
 
 50,000 
 
 M. S. Tousey. 
 
 75,000 
 
 V. H. Branch. 
 
 100,000 
 
 W. W. Sanders. 
 
 50,000 
 
 A. Moser, Jr. 
 
 80,000 
 
 R. W. Evans. 
 
 50,000 
 
 
 60,000 
 
 W. F. Tompkins. 
 
 50,000 
 
 Chas. S. Cross. 
 
 100,000 
 
 J. C. Nye. 
 
 70,000 
 
 J. Chenault. 
 
 100,000 
 
 M. Abernethy. 
 
 35,000 
 
 Chas. E. Merriam. 
 
 50,000 
 
 John R. Foster. 
 
 75,000 
 
 J. T. Leonard. 
 
 50,000 
 
 R. C. Bailey. 
 
 50,000 
 
 H. W. Grass. 
 
 10,0(K) 
 
 Chas. P. Waste. 
 
 110,000 
 
 J. P. Moore. 
 
 50,000 
 
 T. S. Fuller. 
 
 50,000 
 
 E. L. Mtyer. 
 
 50,0CO 
 
 Geo. T. Guernsey. 
 
 50,000 
 
 Geo. W. Penn. 
 
 25,000 
 
 J. P. Atkin. 
 
 10,000 
 
 S. W. Pierce. 
 
 50,000 
 
 H. Stout. 
 
 75,000
 
 KANSAS. 
 
 31T 
 
 
 
 
 PAID UI" 
 
 PLACE. 
 
 NAME OF BANK. 
 
 CASHIER. 
 
 CAPITAL. 
 
 Kinsley 
 
 Edwards Mercantile Bank 
 
 C. C. Sellers. 
 
 125,000 
 
 Larned 
 
 First National Bank 
 
 T. E. Evans. 
 
 100,000- 
 
 Lawrence 
 
 National B'k of Lawrence 
 
 A. Hadley. 
 
 100,000 
 
 Leavenworth 
 
 First National Bank 
 
 Geo. VanDerwcrker. 
 
 100,000 
 
 Lincoln 
 
 n a (( 
 
 E. W. McJunkin. 
 
 50,000- 
 
 Lyndon 
 
 Lyndon Savings Bank 
 
 W. S. Olcott. 
 
 10,000 
 
 Lyons 
 
 Central State Bank 
 
 .1. E. Gilmore. 
 
 28,000 
 
 Manhattan 
 
 Blue Valley Bank 
 
 Wm. P. Higinbothani. 
 
 15,000' 
 
 Mankato 
 
 Case, Bishop & Co 
 
 
 55,000' 
 
 Marion 
 
 First National Bank 
 
 W. H. Dudley. 
 
 50,000 
 
 Marysville 
 
 t( i. u 
 
 E. R. Fulton. 
 
 75,000 
 
 McPherson 
 
 a i( i( 
 
 Amos E. Wilson. 
 
 50,000- 
 
 Medicine Lodge " 
 
 0. C. Ewart. 
 
 50,000 
 
 Millibrook 
 
 Farmers' & Merchants' B'k 
 
 ; H. W. Hobinson. 
 
 10,000 
 
 Minneapolis 
 
 First National Bank 
 
 J. S. Adair. 
 
 50,000 
 
 Mound City 
 
 Mound City Bank 
 
 I. H. Stallcup. 
 
 40,000 
 
 Ness City 
 
 State Bank of Ness City 
 
 Chas. E. Clarkson. 
 
 25,000 
 
 Newton 
 
 Newton National Bank 
 
 C. R. McLain. 
 
 100,000 
 
 Oberlin 
 
 Bank of Oberlin 
 
 Wm. Browne. 
 
 50,000 
 
 Olathe 
 
 •Johnson County Bank 
 
 R. M. Atchison. 
 
 50,000 
 
 Osborne 
 
 First National Bank 
 
 Frank Knox. 
 
 50,000 
 
 Oskaloosa 
 
 Jefiferson County Bank 
 
 M. L. Critchfield. 
 
 100,000 
 
 Oswego 
 
 First National Bank 
 
 F. C. Wheeler. 
 
 75,000 
 
 Ottawa 
 
 (( (( (( 
 
 C. C. Mintou. 
 
 50,000 
 
 Paola 
 
 Miami County Nat Bank 
 
 Wm. Crowell. 
 
 100,000 
 
 Phillipsburg 
 
 First National Bank 
 
 Frank Strain. 
 
 44,000> 
 
 Russell 
 
 U U (t 
 
 E. C. Haskett. 
 
 80,000 
 
 Salina 
 
 (( (( u 
 
 M. D. Teage. 
 
 100,000- 
 
 Sedan 
 
 Turner's Bank 
 
 L. L. Turner & Co. 
 
 50,000 
 
 Seneca 
 
 First National Bank 
 
 W. E. Wilkinson. 
 
 .50,000 
 
 Smiths Centre 
 
 Smiths County Bank 
 
 A. U. Shelden. 
 
 50,000 
 
 St. John 
 
 First National Bank 
 
 R. W. Thompson. 
 
 50,000 
 
 Stockton 
 
 (( (. (i 
 
 H. C. Reins. 
 
 50,000 
 
 Topeka 
 
 ic a (( 
 
 D. A. Moulton. 
 
 200,000 
 
 Wakeeney 
 
 Wakeeney Bank 
 
 R. C. Wilson. 
 
 50,ooa 
 
 Wallace 
 
 Wallace County Bank 
 
 T. J. R. Perry. 
 
 5,000 
 
 Washington 
 
 First National Bank 
 
 0. S. Long. 
 
 50,000' 
 
 Wellington 
 
 <( a u 
 
 Geo. M. Miller. 
 
 50,000 
 
 Westmoreland 
 
 u u a 
 
 A. B. Pomeroy. 
 
 50,000 
 
 Wichita 
 
 Citizens' Bank 
 
 John C. Denst. 
 
 200,000 
 
 Winfield 
 
 First National Bank 
 
 W. C. Robinson, 
 
 125,000 
 
 Wyandotte 
 
 Bank of Wyandotte 
 
 Wm. Albright, (Asst.) 
 
 50,000 
 
 Yates Center 
 
 Woodson National Bank 
 
 Charles S. Jones. 
 
 50,ooa-
 
 STATE OF 
 
 SUMMARY OF 
 
 Collection Law^b. 
 
 Court Calendar, instructions for taking Depositions, Legal Forms, Eto. 
 
 Expressly Prepared and Revised to Nov. 1st, 1887, for " Bhowers' 
 
 IjEGAL Directory and Merchants' Guide." for 1888, by 
 
 Horatio S. Bright, of the LiOUisville Bar. 
 
 Acknowledgments.— (-Sfe Deeds.) 
 
 Actions. — An action is commenced by filing in the clerk's ofiBce of the 
 jiroper court, a petition stating the plaintift's cause of action ; or in cases 
 wherein written pleadings are not required, by filing in such court the ac- 
 count or the written contract, or a short written statement of the facts on 
 which the action is founded ; and in either case, by causing a summons to be 
 issued, or a warning order to be made tliereon. And if the plaintiff therein, 
 is a non-resident, or a corporation other than a banking company, created by 
 the laws of this state, such plaintiff must file in the clerk's office, a bond 
 with good security, to be approved by the clerk of the court in which the 
 action is filed, for the payment of all costs ; and the action will be dismissed 
 on motion of the defendant, unless in a reasonable time, to be allowed by the 
 court, after the motion is made therefor, plaintiff files such bond, securing 
 all past and future costs. 
 
 Administration of Estates of Deceased Persons. — Where any jjerson 
 sliall die intestate, that court shall have jurisdiction to grant administration 
 on his estate tliat would have had jurisdiction to probate his will,' had he 
 made one. 
 
 The court having jurisdiction shall grant administration to the relatives of 
 the deceased, who apply for the same, i)referring the surviving husband or 
 wife, and then such others as are next entitled to distribution, or one or more 
 of them, whom the court shall judge, will best manage the estate. If no 
 such person apply for administration at the second county court from the 
 death of an intestate, the court may grant administration to a creditor, or to 
 any other person, in the discretion of the court. 
 
 An administrator at the time of his appointment, shall take an oath, and 
 make a bond, with good surety, which bond sliall be approved by the court, 
 and attested by the clerk of the court that appointed him, that he will faith- 
 fully perform and discharge liis duty as sucli ; that he will well and truly 
 jtdrainister the goods, chattels, credits and effects of the said intestate, ac- 
 
 [Ky. L]
 
 KENTUCKY. :'.1!> 
 
 cording to law, and make a just and true account of all liis actings and 
 doings therein ; and well and truly make a proper distribution of any sur- 
 plus money, effects ami rents, whicli may come to liis hands as administrator. 
 It shall be the duty of administrator to return an inventory and sale bill of 
 his estate, the former within three montlis from the time of qualifying as 
 such; and tlic latter witiiiu sixty days after the sale to tlio clerk's office of 
 the court in which he qualified. 
 
 Before an administrator is autiiorized to i)ay any demand against his es- 
 tate, he sliall re<iuire it to be verified by the written affidavit of the claimant, 
 or in his absence from the state, by liis agent, or. if dead, by his personal 
 representative, stating tliat the demand fS just, and lias ni'ver, to his knowl- 
 edge or belief, been paid, and that tliere is no oft-set or discount against the 
 same, or any usury therein. 
 
 If any i>art of the demand has been paid, or there be any off-set or dis- 
 count against the same, or any usury therein, the affidavit shall state the 
 amount of the payment or usury, when the i>ayment was made, and when 
 the ofi'-set or discount was due, to the best of the Affiant's knowledge and 
 belief: and if such claim is other than a note or personal obligation, it must 
 be proved by the affidavit also of some third ])arty. He shall have his ac- 
 counts settled, and the settlement and vouchers sustaining the same, re- 
 turned to tlie county court within two years after he qualifies, and as often 
 thereafter as the court may recjuire. 
 
 Affidavits. — An affidavit is a written declaration, under oath, made with- 
 out notice, to the adverse party. 
 
 An affidavit may be made iu this state before a judge of a (^ourt, a justice 
 of the i>eace, notary public, examiner, clerk of a court, or master commis- 
 sioner, and out of this state, to be used here, before a commissioner ap- 
 l>ointed by tlie governor thereof, or any other jierson empowt^red by a com- 
 mission directed toliim by consent of tlie parties, or by order of the court, 
 ov before a judge of the court, a justice «)f the j)eace, mayor of a city, or 
 notary public. 
 
 Any affidavit which our law requires or authorizes a i»arty to make, may, 
 unless otherwise expressed, be made by his agent or attorney, if he be ab- 
 sent from tlie county. If an action be brouglit by two or more plaintiffs, an 
 affidavit for a warning order must be made by all of them, who may be iu 
 the county, and every other affidavit ma(U> in behalf of two or more parties 
 united in interest, may, unless otluirwise expressed, be made by one of them, 
 except where an adverse party files apleading verified by a jterson other than 
 him.self, and the opposing party files his affidavit, stating that he believes the 
 adverse party knows that a statement in liis ]>leading, in the affidavit men- 
 tioned, is untrue, the court, if such statement be material, shall require such 
 adverse party to verify the jileading, and if he fails to do so, shall treat it with 
 regard to him, as if it had not been filed. 
 
 No affidavit in behalf of two or more i)arties luiited in interest, shall, un- 
 less otherwise expressed, be made by an agent or attorney, unless all of 
 them be absent from the county. 
 
 The affidavit of an agent or attorney must state the absence from the county 
 of the l^arty or i)arties for whom it is made. And the fact tliat the affiant is 
 agent or attorney. 
 
 Every affidavit shall be subscribed by the affiant ; and the certificate of the 
 officer or j)erson before whom it is made shall be written separately, follow- 
 ing the signature of the affiant, and ^liaH ^>^' pi'oof of the time and manner 
 of the affidavit being made. 
 
 • 
 
 Aliens. — An alien not being an enemy, shall, after he has declared his in- 
 tention of becoming a citizen of the United States, according to the fonns 
 required by law, be enabled to recover, inherit, hold and pass by descent, 
 [Ky.2.]
 
 320 KENTUCKY. 
 
 devise or otherwise, any interest in real or personal property, in the same- 
 manner as if he were a citizen of this commonwealth. 
 
 Any woman whose husband is or shall be a citizen of the United States, 
 and any person whose father or mother, at the time of his birth, was or shall 
 be a citizen thereof, although bom out of the United States, may take and 
 hold real or personal estate, by devise, purchase, descent or distribution. 
 
 Au alien shall have the same right to recover, inherit, hold and pass by 
 descent, devise, or otherwise, real or personal property in this state, that is 
 given to the citizens of Kentucky, by the law%s of the government of which 
 such alien was or is a citizen or subject. 
 
 Appeals. — (See Courts.) 
 
 Arrests. — A defendant in a civil action can be arrested and held to bail ; 
 and an order for his arrest shall be made by the clerk of the court in which 
 the action is brought or pending, if au affidavit of the plaintiff be filed in his 
 office, showing 1st. The nature of the plaintiffs claim; 2d. That it is just; 
 3d. The sum or value which the affiant believes the plaintiff ought to recover ; 
 4th. That the affiant believes, either that the defendant is about to depart 
 from this state, and with intent to defraud his creditors, has concealed, or 
 moved from this state, his property, or so much thereof that the process of 
 the court after the judgment cannot be executed, or that the defendant ha& 
 money, or securities for money, or evidences of debt, in the possession of 
 himself, or of others for his use, and is about to depart from this state with- 
 out leaving property therein, sufficient to satisfy plaintiffs claim. 
 
 To obtain an order of arrest, plaintiff must execute bond with good sure- 
 ties, to pay to the defendant all damages which he may sustain by reason of 
 the arrest, if the order be wrongfully obtained, not exceeding double the 
 amount of the plaintiffs claim stated in tlie affidavit. 
 
 The defendant, when arrested, shall be committed to the jail of the county, 
 unless he gives bail, or deposits in the hands of the sheriff, or in court, the 
 sum of money mentioned in the order of arrest. If committed to jail, he 
 must remain there until he pays the debt, gives bail, or takes the insolvent 
 debtor's oath. 
 
 Assignments. — (See Insolvent Laws and Assignments.) 
 
 Attachments. — The plaintiff may, at or after the commencement of an 
 action, have au attachment against the property of the defendant, including 
 garnishees, as security for the satisfaction of such judgment as may be re- 
 covered. 1st. An action for the recovery of money against a defendant who 
 is a foreign corporation, or a non-resident of the state ; or 2d. Who has 
 been absent herefrom four months ; or 3d. lias departed herefrom with in- 
 tent to defraud his creditors ; or 4th, Has left the county of his residence 
 to avoid the service of a summons ; or 5th. So conceals himself that a sum- 
 mons cannot be served upon him ; or 6th. Is about to remove or has removed 
 his property, or a material part thereof, out of this state, not leaving enough 
 therein to satisfy the plaintiffs claim, or the claims of said defendant's 
 creditors ; or 7th. Has sold, conveyed, or othei-wise disposed of his property, 
 or suffered or permitted it to be sold, with the fraudulent intent to cheat, 
 hinder or delay his creditors; or 8th. Is about to sell, convey, or otherwise 
 dispose of his property with such intent. But an attachment shall not be 
 granted on the ground that the defendant is a foreign corporation or non- 
 resident of this state, for any claim other than a debt or demand arising up- 
 on a contract, express or implied, or a judgment or award. II. In an action 
 for the re(U)jfery of money due upon a contract, judgment or award, if the 
 defendant has no property in this state subject to execution, or not enough 
 thereof to satisfy the plaintiflTs demand ; and the collection of the demand 
 will be endangered by delay in obtaining judgment, or a retuin of no prop- 
 erty found. III. In an action to recover tlie possession of personal property^ 
 
 [Ky. 3.]
 
 KENTUCKY. 321 
 
 •which has been ordered to be delivered to the pLaintiff, and which property, 
 or a pait thereof, has been disposed of, concealed, or removed, so that the 
 order for its delivery cannot be executed by the sheriff. 
 
 An order of attachment shall be made by the clerk of the court in which 
 the action is brought or i)endino;, if an afhdavit of the plaintiff be filed in liis 
 office, showhig, I. The nature of the plaintiff's claim ; II. That it is just ; 
 III. The sum which the affiant believes the plaintift" ought to recover ; IV. 
 The existence of any one of the grounds hereinbefore mentioned. But the 
 order of attachment sliall not issue until the plaintiff has filed in the clerk's 
 office, bond with one surety, to pay to the defendant all damages which he 
 may sustain by reason of the attachment, if the order be wrongfully ob- 
 tained, not exceeding double the amount of the plaintiff's claim. 
 
 Before a debt or liability on a contract becomes due or matures, an equita- 
 ble action may be brought for indemnity, and plaintiff may have an order of 
 arrest of defendant, or an attachment against defendant's property, if there 
 exists any grounds for an attachment hereinbefore mentioned. But no order 
 of arrest or attachments shall be issued, until the proper bond be executed by 
 the plaintiff. 
 
 Banks. — No bank or other incorjiorated institution can charge a greater 
 amount, including exchange and discount, than ten per cent, i^er annum, on 
 any bill, bond, note, or other obligation discounted or purchased by it. 
 
 Bills of Exchange and Promissory Notes.— If any bill of exchange, 
 drawn on any person out of the United States, shall be protested for non- 
 acceptance or non-payment, it shall bear ten per cent, per year interest, from 
 the day of protest, but not longer than eighteen months, unless payment be 
 sooner demanded from the party to be charged, or unless by the contract a 
 rate greater than six per cent, is stipulated for. Such interest shall be re- 
 covered to the time of the judgment, and the judgment shall bear six per 
 cent, interest thereafter. Damages on all other bills are disallowed. Bills, 
 drafts, or checks, payable in bank notes or currency, or other funds, where- 
 soever drawn or payable, shall be deemed negotiable, and treated in all re- 
 spects as if drawn for money, except as to the value of the currency in which 
 they are payable The protest of a notary public, under his seal, of the non- 
 acceptance or non-payment of a bill, sliall be prima facie evidence of its dis- 
 honor. Every person who shall sign his name uptm the back of a promis- 
 .sory note shall be deemed and treated as an assignor as to the party holding 
 it, unless in a writing a different purpose be expressed ; or the note can be 
 legally placed on the footing of a bill of exchange. Promissory notes, pay- 
 able to any person or persons, or to a corporation, and payable and negoti- 
 able at any bank incorporated under any law of this commonwealth, or orga- 
 nized in this coyimonwealth under any law of the United States, which shall 
 be indorsed to, and discounted by, the bank at which the same is jjayable, or 
 by any other banks in this commonwealtli, as above specified, shall be, and 
 they arc hereby, placed on the same footing as foreign bills of exchange. 
 Three days of grace are allowed on bills of exchange drawn payable at or 
 after sight, or on time and when the third day of grace falls on Sunday, or 
 a holiday, the bill or note becomes due the preceding day. 
 
 Chattel Mortgage. — Are required by law, to bo recorded, to be effectual 
 against subsecpient 2:)urchasers and creditors in the clerk's office of the 
 county in which the property conveyed, or the greater part thereof shall be, 
 and they shall not be valid against such purchasers and creditors until they 
 .shall be acknowledged or proved according to law and lodged for record. 
 
 Claims Against Decedents' Estates. — {Sec Admi/iisf ration of Estates of 
 JJcccdscd PcrtiuiiH.) 
 [Ky. 4.]
 
 322 KENTUCKY. 
 
 Conditional Sales of Personal Property. — No statute upon this subject. 
 It follows the conniiou law. 
 
 Corporations. — Domestic. — Any number of persons may associate them- 
 selves together and become incorporated for the transaction of any lawful 
 business, except banking and insurance, and for the construction of railroads. 
 But before commencing any business, except that of their own organization, 
 they must adopt articles of incorporation, which shall be signed and ac- 
 knowledged by them as deeds are required to be acknowledged, and recorded 
 in a book kept for that purpose in the office of the clerk of the county 
 court whei'e the pri^icipal place of business is to be. Corporations for 
 the construction of any work of internal improvement shall, in addition, 
 file a certified copy of such articles in the office of the secretary of state, and 
 have the same recorded by him in a book kept for that purpose. Such ar- 
 ticles of incorporation must specify the highest amount of indebtedness or 
 liability, director contingent, to which the corporation is at any one time to 
 be subject, which must in no case exceed two-thirds of its capital stock. 
 
 A notice shall be published for at least four weeks in some newspaper as 
 convenient as practicable to the principal place of business ; said notice shall 
 specify, 1st. The names of the corporators, the name of the corporation 
 and the principal place of transacting business. 2d. The general nature of 
 the business proposed to be transacted. 3d. The amount of capital stock 
 authorized, and the times when, and the conditions upon which, it is to be 
 paid in. 4th. The time of the commencement and termination of the cor- 
 poration. 5th, By what officers or persons the affairs of the corporation are 
 to be conducted, and the times at which they are to be elected. 6th. The 
 highest amount of indebtednese or liability to which the corporation is at 
 any time to subject itself. 7th. Whether private property is to be exempt 
 from the corporate debts. The corporation may commence business as 
 soon as the articles are filed for record in the office of the county court clerk 
 and their acts shall be valid if the publication in a newspaper is made, and 
 the copy filed in the office of the secretary of state, when such filing is nec- 
 essary within three months from such filing in the clerk's office. The 
 stockholders of any corporation shall be individually liable to the amount of 
 the unpaid instalments on the stock owned by them, or transferred by them, 
 for the purpose of defrauding creditors ; and an execution against the com- 
 pany may, to that extent, be levied upon the private property of such indi- 
 vidual. 
 
 Foreign. — "We have no statutory law iipon the subject of foreign cor- 
 poration, but foreign corporation or persons, organized under charters grant- 
 ed by other states, who may engage in running and operating any of the 
 railroads of this state, are permitted to do so upon certain statutory condi- 
 tions. 
 
 Costs. — When a non-resident, or any corporation shall institute an action 
 in any court, whether suing in his own right or as the representative of 
 another, he shall, before the commencement thereof, give bond, with surety 
 resident in this state, payable to the defendant, to pay all costs that may ac- 
 (;rue in consequence thereof, either to the opposite party or the officers of 
 liourt. If a plaintiff, in his own right or in his representative character, 
 l)ending an action, remove from this state, he shall give bond, with surety, 
 ibr the costs of the action. 
 
 Courts. — Term-t and jurisdiction, of. — Court of Appeals, — lias exclusive 
 appellate jurisdiction over the judgments and final orders of all courts of 
 this commonwealth, in judgments for money or personal i>roperty of value 
 greater than three thousand dollars, exclusive of interests and costs ; also 
 when there is involved the validity of a statute, the title to a freehold, or 
 right to a franchise, or the probate of a will, and in cases of felony ; also ap- 
 [)ellate jurisdiction of all final orders and judgments of the superior court, 
 
 [Ky. 5.1
 
 KENTUCKY. :^23 
 
 rexctpt when the judgiueut is foi* a fine, or the recovery of money or personal 
 l)roperty, and the fine or the value in controversy is less than one thousand 
 dollars, exclusive of interest and costs. And in cases where the judgment of 
 the lower court has been affirmed by the superior court, without a dissentinj;- 
 vote ; but appeal may be taken in the excepted cases, if two judj^es certify 
 that the question involved is novel and of sufficient importance. 
 
 Superior Court has original juristUction in fiscal cases, in behalf of the 
 commonwealth, that was formally confeiTcd on the Franklin circuit court, 
 by statute. It also has exclusive appellate jurisdiction over the final orders 
 »iid judgments of all courts of original jurisdiction in this commonwealth, 
 except where the matter in controversy is less than one hundred dollars in 
 value, exclusive of costs, and except where the order or judgment is by the 
 (piarterly, county, police, city, or justices' court, and courts of similar juris- 
 diction in civil cases. Appeals may be taken in actions for the division of 
 hind and allotment of dower in the county court. 
 
 Appeals to the court of appeals or superior court must betaken within two 
 years. 
 
 Circuit Courts have original jurisdiction of all matters both in law and 
 equity, within their county, of which jurisdiction is not, by law. exclusively 
 delegated to some other tribunal. They have appellate jurisdiction of all 
 judgments and final orders of quarterly courts, where the matter in contro- 
 versy is of the value of twenty-five dollars or more ; and from justices' 
 courts, where the amount in controversy is fifty dollars or more ; and of judg- 
 ments and final orders of county courts on the probate of wills ; the grant- 
 ing, refusing, or revoking of letters testamentary and of administration ; the 
 appointment and removal of guardians ; the settlement of the accounts of 
 fiduciaries ; in cases of bastardy ; division of land ; allotment of dower, etc. 
 Tliis jurisdiction extends to errors of fact as well as of law. 
 
 In several counties the civil jurisdiction has been drawn from the circuit 
 courts, and given to courts of common pleas. 
 
 Quarterly Courts have jurisdiction where the matter in controversy, ex- 
 clusive of interest, does not exceed two hundred dollars in value. And of all 
 ■other actions and proceedings of which justices of the peace have jurisdic- 
 tion. They have appellate jurisdiction from judgment of justice of the 
 peace, of ten dollars, and less than twenty-five. The county judge has 
 jurisdiction to hold inquests upon idiots and lunatics. 
 
 County Courts have jurisdiction for probate of wills ; gi'anting and revok- 
 ing letters testamentary and administiation ; appointment and removal of 
 guardians; settlement of accounts of fiduciaries ; in cases of bastardy; 
 division of land ; assignment of dower ; the establishment, alteration or dis- 
 continuance of ferries, roads and pass-ways ; concerning mills and dams 
 built across water courses. 
 
 Justices^ Courts have jurisdiction exclusive of the circuit court, but concur- 
 rent with the quarterly court, of all actions and proceedings for the recovery 
 of money or personal property, where the matter in controversy, exclusive of 
 interest and costs, does not exceed fifty dollars in value. 
 
 Justices of the peace in Jefferson county, have jurisdiction to the extent 
 ■of one hundred dollars, exclusive of interest and costs. 
 
 Court Calender.— 
 
 UNITED STATES COURTS. 
 
 A-isociale Justice Supreme Court, Stanley Matthews, of Cincinnati, Ohio. Circuit 
 Judge, Howell E. Jackson, of Nashville, Tenn. District Judge, .lohn W. Barr, of 
 Louisville. Attorney, J. Cripps Wieklirte, of Louisville. Clerks of Circuit and Dis- 
 trict Courts ; at Louisville, Samuel B. Crail ; at Covington. Jos. C. Finnell ; at Frank 
 fort, Thomas B. Ford ; at Paducah, John R. Puryear. Marstiul, A. J. Cross, of Louis- 
 ville. 
 
 Terms of Circuit and District Courts ; at Louisville, 3d Monday in February, 1st 
 Monday in October; at Paducah, 1st Monday in April, Sd Monday in November: at 
 •Covington, 2d Monday in May, 1st Monday in December ; at Fraiikford, 1st Monday 
 jn January, 2d Monday in June. 
 [Ky. 6.]
 
 324 
 
 KENTUCKY. 
 
 STATE COURTS. 
 
 COURTS OF APPEALS. 
 
 Chief Justice, Wm. S. Prj'or, New Castle. Associate Justices, Caswell Bennett, of 
 Rmithland ; William H. Holt, of Mt. Stirling; Joseph H. Lewis, of Glasgow. Clerk,. 
 Thomas J. Henry, ot Frankford : Attorney General, P. W. Hardin, of Harrodsburg. 
 
 Megular Terins, 1st Mondays in January and .September. 
 
 SUPERIOR COURT. 
 
 .TwcZgres, James H. Bowden, of Russelville; Jos. Barbour, of New Castle; J. Q. A.. 
 Ward, of Cynthiana. Clerk, Thomas J. Henry, of Frankfort. 
 Terms, Every judicial day in the year, except during July and August. 
 
 CIRCUIT, QUARTERLY AND COUNTY COURTS. 
 
 [Note. Under the heading •' Circuit Court', " M" stands for Monday and "TV 
 for Tuesday — the numerals indicating what Monday or Tuesday of the month is- 
 intended.] 
 
 County, County Court. Circuit Court 
 
 Quarterly Courts 
 
 Adair Columbia . 
 
 Allen Scottsville . 
 
 Anderson . . Lawrenceb"? 
 Ballard .... Wickliffe . 
 Barren .... Glasgow . . 
 
 Bath Owingsville 
 
 Bell Piueville. . 
 
 Boone. . . 
 Bourbon 
 
 . Burlington 
 . Paris . . . 
 
 Boyd Catlettsburi 
 
 Boyle Danville . . 
 
 Bracken . . . Brooksville 
 Breathitt . . . Jackson . . 
 
 Breckinrid] 
 Bullitt. . . 
 Butler. . . 
 
 Caldwell . 
 Calloway . 
 
 Campbell . . -j Alexandria 
 
 Carlisle .... Bardwell . . 
 Carroll .... Car rollton 
 
 Carter Grayson . , 
 
 Casey Liberty . , 
 
 Christian 
 
 Clarke 
 Clay . . 
 
 Clinton . . . 
 Crittenden . 
 Cumberland 
 Davis* Oweusbofo . 
 
 Edmondson . Brownsville 
 
 Elliott . 
 
 Estill . . 
 Fayette 
 
 County Court. 
 
 Mon. ea. Mon. 
 1 M Sep., Mar. 4th Mon. Jan., Apr. July, Oct 1st, ex Mar. 
 1 M May, Nov. 3d Mon. Jan. Apr., July, Oct. 2d. [& Sep. 
 
 1 M June, Dec. 2d Mon. Feb, May, Aug. Nov 3d. 
 
 2 M Apr., Oct. None 3d. 
 
 4 M Mar., Sep. 4th Mon. Feb. May, Aug. Nov 1st. 
 L'tM AugFeb 4th Mon. Jan. Apr. July Oct. 2d. 
 3M Feb., Aug. Tues after 2d Mon. in Feb., 
 
 May, Aug. Nov 2d.. 
 
 2MA'r.lMO't 1st Mon. Mar. June Sept. Dec. 1st. 
 
 3 M Apr. Oct. 
 
 2 M Jan. 3d Wed. Mar. June, Sept Dec. 1st. 
 1 M June Dec. Tues. after 4th Mon. in Mar., 
 
 June, Sep. Dec 4th.. 
 
 3 M Feb. Sep. 4th Mon. Jan. Apr. July, Oct. 3d. 
 1 M Apr. Oct. 2d Mon. Mar. June, Sep. Dec. 3d. 
 Ms. succeed- 
 ing Lee CirCt. Tuesday after 2d Mon. Mar., 
 
 June, Sep., Dec, 2d. 
 
 1 M Apr. Oct. 4th Mon. Mar. Jan. Sep. Dec. 3d, ex Apr: 
 Shepherdsvi'e 3 M May, Nov Tues. after 3d Mon. Jan. Apr. & Oct. 
 
 Morgantown 4 M Sep., 1 M July, Oct 2d. [& Sep. 
 
 Apr. 3d Mon. Mar. June Sep. Dec. 2d, ex Apr. 
 
 3 M May Nov 2d Mon, Jan. Apr. July, Oct. 3d, ex Maj' 
 
 4 M May Nov Tues.after2dMon. Mar. June [& Nov. 
 3 M Feb June Sep. Dec 4th. 
 
 Oct 4th Mon. Mar. June, Sep. Dec. 3d 
 
 3MMar.,4M 
 
 Nov. Aug. 2d Mon. Jan. Apr. July Oct. Ist. 
 1 M Apr. Oct 1st. 
 
 1 M Mar. Sep. 4th Mon. Mar. July, Sep. Dec. 3d. 
 
 2 M Mar. Sep Tues. after 2d Mon Mar June 
 2 M June, 3 M Sept. Dec 2d. 
 
 Dec 3d Mon. Jan. Apr. July, Oct. 4th. 
 
 Hopkinsville 1 M Mar. Sep. 
 
 July, Jan. 4th Mon. Jan Apr.July, Oct. 1st. 
 1 M May Nov. Tues. after 2d Mon. Jan. Apr. 
 
 July, Oct. 4th,. 
 
 2 M Apr. Oct. Tuesday after 1st Mon. Feb. 
 May, Aug. Nov 1st.. 
 
 3 M June Dec 2d Mon. Jan., Apr. July Oct. 1st. 
 1 M Dec. June 4th Mon. Jan. Apr. July, Oct. 2d. 
 
 1 M June. Dec Tuesday after2d Mon. in Jan, 
 
 IMMar.S'pt., April, July, Oct 2d 
 
 3 M. Ian. July 1st Mon. Feb. May,Aug.Nov. 3d 
 
 2 M July, Dec Tues. after 1st Mon. Jan, Apr 
 July, Oct 1st 
 
 'e Hardinsburg 
 
 . Princeton 
 . Murray . . 
 
 f Newport . 
 
 ) 
 
 Winchester . 
 
 . Manchester 
 
 . Albany . . 
 . Marion . . 
 Burksville . , 
 
 r Martinsburg . o -vr Tvr„- a-nt Tues. after 3d Mon. Mar,June 
 
 S'dv Hook P O "* ^ ^'^'^•'^ P^- .Sept., Dec 3d 
 
 '.Irvine 1 M Mar.S'pt. 2d Mon.Feb.,May, Aug. Nov. 1st 
 
 .Lexington. . 3MMay,Nov. 
 
 1 M Feb. . . 1st Mon. Feb. May, Aug. Nov 2d 
 Fleming . . . Flcmingsbu'g 3MMay,Nov. 
 
 FeD., Aug. . .3d Mon. Mar. June, Sept. Dec. 4th 
 
 Floyd Prestonsburg. 3 M Apr., Oct. Tues. after 2d Mon. in Jan., 
 
 Apr., July, Oct 
 
 2d 
 
 *Jan and July Terms for Penal Cases only ; Mar. and Sept. Civil Gases only. 
 
 [Ky. 7.1
 
 KENTUCKY. 
 
 325 
 
 Counli/. 
 Franklin . 
 
 County Court. Circuit Court. 
 
 Quarlerly Courts. 
 
 Frankfort 
 
 Fulton Hickman . . 
 
 Ciallatin . . . Warsaw . . . 
 
 Garrard Lancaster . . 
 
 Grant AVillianisfn . 
 
 Graves .... Mayfleld . . . , 
 Grayson . . . .Lcitt-hfleld . . 
 
 Green Greensburg . , 
 
 Greenup . . . Greenup, C. H. 
 Hancock . . . Hawesville . 
 Hardin .... Elizabeth'u . 
 
 Harlan Harlan, C. H, 
 
 Harrison . , 
 Hart .... 
 Henderson 
 
 Henry . . . 
 Hickman. . 
 Hopkins . 
 Jackson . , 
 
 Jefferson . 
 
 Jessamine. 
 Johnson . . 
 
 Cynthiana. . 
 
 Munfordville 
 
 . Henderson . , 
 
 , Newcastle . . 
 .Clinton. . . . 
 Madisonville. 
 .McKee . . . . 
 
 IM Feb..} M 
 
 June, Oct . . 
 
 ■i M Feb. Aug. 
 
 oMMar. Spt. 
 
 4 M Jan. Aug. 
 i M May, 1 iM 
 
 Dec ... . 
 :}MApr., Oct. 
 3M Feb. A UK. 
 , 3iM Jan. July 
 4 :M Feb.Aug. 
 IM May, Nov 
 4 M Oct., Apr. 
 
 1 M Feb. . . 
 3 M. Sept ,4M 
 
 Mar 
 
 1 M :May, 2 M 
 
 Dec 
 
 1 M Feb., T 
 after IM.Vug 
 
 1 M Jan. Apr. 
 July, Oct. . . 
 May .... 
 
 2 M Apr., Oct. 
 8 M Mar.Sep. 
 IM Apr., Oct, 
 1 M May, Nov 
 
 County Courf. 
 Man. ea. Man. 
 
 Louisville . . IMea. Month 
 
 ex. July, Aug 
 
 , Nicholasville 3M Feb. Aug. 
 
 .Paintsville . . 3 M May, 2 M 
 
 Nov .... 
 
 f Covington. . . 1 M Jan. Sep. 
 T'^^f^r. J 3M iMav . . 
 
 ivenion. . , . -^ independence 1 M Feb. 2 M 
 
 I Aug 
 
 Knox Barbourville.. IM Mar. Sep. 
 
 Knott Hindman . . IM Dec. June 
 
 Larue Hodgcnville . 2 M Apr. 4 M 
 
 Sept 
 
 Laurel . . . .London.. . . 2^1 May, Nov 
 
 Lawrence. . . .Louisa .... 2 M Feb. Aug. 
 
 Lee Beattvville . . 4 M Sep. Mar. 
 
 Leslie Hyden .... 1 M Oct., 1 M 
 
 Apr 
 
 Letcher Whitesburg . 3 M Nov. May 
 
 Lewis Vanceburg . . 2 M June, Doc. 
 
 Lincoln . . . .Stanford . . . . 3 M Mar.. 4 M 
 
 Oct 
 
 Livingston . . Smithland . . 4 M .Ian. J uly 
 
 Logan Russellville . 1 M Jan. July 
 
 Lyon Eddyville . . 2 M June, Dec 
 
 Madison . . . .Richmond . . . 3 M Mar. Sep. 
 Magoffin . . . Slayersville . 3 M Apr., Oct. 
 
 Marion .... Lebanon . . . . 3 M Mnr., 4 M 
 Nov.2MJune 
 
 Marshall. . .Benton 2 M June. Dec-. 
 
 Martin Eden(lnezpo) 4M May,Nov. 
 
 Mason Maysville. . . 2 T Apr., Oct., 
 
 July, Jan . 
 
 McCracken . .Paducah. . . . I M Jan. July 
 McLean Calhoun. . . 4 M June, Dec. 
 
 Meade Brandenburg 2 M Mar. Sep. 
 
 JVIenilee . . . .Frenchburg . 3M May. 4M 
 Nov .... 
 
 •IKy. 8.] 
 
 2d Mon. Jan., Apr., July, Oct. 1st 
 4th Mon. Jan. Apr. July, Oct. 2d 
 Tues after 3d Mon. Jan. Apr., [«& Sept. 
 
 July, Oct 3d. 2d Mar. 
 
 2d Mon .Jan., Apr., July, Oct. 4th 
 
 3d Mon. Jan., Apr., July, Oct. 2d 
 
 4th Mon. Mar June, Sep, Dec. 3d ex. Apr. 
 
 2d Mon. Mar. June, Sep, Dec. 4th [& Oct. 
 
 1st Mon.Feb. ^May, Aug. Nov. 3d 
 
 3d Mon. Feb, May, Aug, Nov. 1st 
 
 2d Mon. Mar. June, Sep. Dec. 4th 
 
 1st Mon. Jan. Apr., July, Oct. 3d 
 
 Tuesday after 1st Mon. Jan., 
 Apr., July, Oct 1st 
 
 Tues. after 1st Mon. Jan. Apr. 
 July, Oct 4th 
 
 3d Mon. iNIar. June, Sep. Dec. 1st 
 
 3d Mon. Feb., Nov., 1st Mon. 
 3d Tues. after 1st Mon. Aug . 4th 
 2d Mon. Mar. June, Sep. Dec. 1st 
 3d Mon. Feb. May, Aug. Nov. 1st 
 1st Tues. Feb. May, Aug. Nov. 2d 
 Tuesday after 1st Mon. Mar., 
 June, Sept., Dec 1st 
 
 None Continuous 
 
 1st Mon. Feb. May, Aug. Nov 3d 
 
 Tuesday after 2d Mon. Jan., 
 Apr., July, Oct 1st 
 
 4th Mon. Feb. May.Aug. Nov. 4tli 
 
 3d Mon. Jan., Apr., July, Oct. 3d 
 Thursday after 1st Mon. Jan., 
 
 Apr., July, Oct 4th 
 
 Tuesday after 3d Mon. ]Mar., 
 
 June, Sept., Dec 3d 
 
 2d Mon. Feb. May, Aug. Nov. 4th, 3d. Sep. 
 Tuesday after 2d Mon. Feb., 
 
 May, July, Nov 2d 
 
 Tui'sdav after 3d Mo'n. Mar., 
 
 June, Sfi)t.,Dec 3d 
 
 4th Mon. Mar. June, Sep. Dec. 4th 
 
 Tuesday after 3d Mon. Mar., 
 
 June, Sept., Dec 3d 
 
 3d Mon. Jan., Apr. July, Oct. 1st 
 2d Mon. Feb. May, Aug. Nov. 3d 
 
 2d Mon. Mar. June, Sep. Dec. 1st 
 3d Mon. Jan., Apr. July, Oct. 1st 
 1st Mon. ]Mar. June, Sep. Dec. 1st [& Dec. 
 2.1 Mon. Jan. Apr. July, Oct. 4thex. J'ne 
 4th Mon. Jan. Apr. July, Oct. 1st ex. Aug. 
 Tuesday after 4th Mon. Mar., T. af. 1st M. 
 June, Sept., Dec 4th 
 
 2d Mon. Feb. Mav, Aug. Nov. 1st 
 2d Mon. Feb. May, Aug. Nov. 1st 
 Tuesday after 2d Mon. Mar., 
 June, Sept., Dec 2d 
 
 Tuesday after 2d Mon. Mar., 
 
 .June, Sept., Dec 2d 
 
 1st Mon. Mar. June, Sep, Dec. 2d 
 
 4th Mon. Feb, May,Aug.Nov. 1st ex. Jan. 
 
 & July,2dM 
 
 1st Mon. Mar. June, Sep. Dec 1st, 2d Mon 
 
 Aug. & Oct. 
 
 Tuesday after 1st Mon. Mar., 
 
 June, Sept., Dec lst2dMAug
 
 326 KENTUCKY. 
 
 (y>uiU}j. County Seat. Circuit Court. Quarterly Courts, County Courf^ 
 
 Mon. ea. Mon'^ 
 
 Mercer . . . . Harrodsburg. 4 M Apr., 1 M 
 
 Nov .... 2a Mon. Jan., Apr. July, Oct. 1st 
 Metcalfe .' . . .Edmonton . , 3 M May.Nov Tuesday after 4th Mon. Jan., 
 
 Apr., July, Oct 4th 
 
 Monroe Tompklnsvi'e 1 M Jan. July 1st Tues. Feb. May, Aug, Nov 1st 
 
 Montgomery ..Mt. (Sterling . 1 M June,Dec Tuesday after 3d Mon. Jan., 
 
 Apr., July, Oct od 
 
 Morgan West Liberty 1 M Apr., Oct. 2d Mon. Mar. June, Sep. Dec. 4th 
 
 Mvihlenburg . Greenville. . . 2 M Fcb.Aug. 3d Mon. Jan., Apr. July, Oct., Last ex. 
 
 Nelson Bardstown. . . 4 M May, 3 M Feb. & Aug, 
 
 Oct., 2 M Feb. 1st Mon. Mar., Sept., Dec, 3d 
 
 Mon. June 2d 
 
 Nicholas . . .Carlisle . . . . Tafter 3MSep 
 
 4 M Mar . . 4th Mon. Jan. Apr. July, Oct. 2d 
 
 Ohio Hartford. . . . 4 M May, Nov. 3d Mon. Jan., Apr. July, Oct. 1st 
 
 Oldham LaGrange . . 1 M Mar. Sep. 4th Mon. Mar. June, Sep. Dec 3d 
 
 Owen Owenton . . . 1 M May, Nov 3d Mon. Jan., Apr. July, Oct. 4th 
 
 Owsley Booneville . . 4 M Apr., Oct. Tuesday after 2d Mon. Jan., 
 
 Apr., July, Oct 2d 
 
 Pendelton . . Falmouth . . 3d MApr. 2 M 
 
 Nov .... 4th Mon. Feb. May,Aug.Nov. 1st. [& Nov_ 
 
 Perry Hazard 1 M May, Nov 2d Tues. Jan., Apr. July, Oct. 1st. ex.May 
 
 Pike Pikeville. . . . 2 M Apr. Oct. Tuesday after 4th Mon. Mar., 
 
 June, Sept., Dec 4th 
 
 Powell Stanton .... 3dM Mar.Sep. 2d Mon. Mar. June, Sep. Dec. 1st 
 
 Pulaski . . . .Somerset. . . . 3 M Apr., 1 M 
 
 Oct 2d Mon. Feb. May, Aug. Nov. 3d 
 
 Robertson . . .Mt. Olivet . . 4 M Mar. 1 M 
 
 Nov .... 1st Mon. Jan., Apr. July, Oct. 3d 
 Rockcastle . . Mt. Vernon . T M Jan. Aug. 1st Mon. Jan. Apr. July, Oct. 4th 
 Rowan .... Morehead . . T afterlMFeb 
 
 Aug. . . . 1st Mon. Jan., Apr. July, Oct. 1st 
 Russell .... Jamestown . 1 MDec, 4 M [& Dec, 
 
 May .... 3d Mon. Jan.. Apr. July, Oct. 3d, ex. May 
 
 Scotl Georgetown . 1 M Mar. Sep. 4th Mon. Mar. June.Sep. Dec. 3d 
 
 Shelby .... Shelbyville . 3 M Mar. Sep. 1st Mon. June,Dec. Mar. Sep. 2d 
 Simpson . . . .Franklin. . . . 2 M Mar., 1 M 
 
 Sept .... 1st Mon. Feb. May, Aug. Nov. od [Aug. 
 
 Spencer Taylorsvllle . 1 M May,Nov. 3d Mon. Mar. June, Sep. Dec. 1st. 2d M_ 
 
 Taylor .... Campbellsv'e 1 M Jan., 4 M 
 
 June,2 M Oct 2d Mon. Feb. May, Aug. Nov. 1st 
 Todd Elkton 1 M May, 3 M 
 
 Nov .... 3d Mon. Mar. June, Sep. Dec. M 
 
 Trigg Cadiz !4 MApr., Oct. 1st Mon. Jan., Apr. July, Oct. 2d 
 
 Trimble Bedford.. . . 4 MApr., Oct. 1st Mon. Mar. June, Sep. Dec. 2d 
 
 Union Morganfleld . 4 M Feb. Aug. 3d Mon. Jan., Apr. July, Oct. Ist 
 
 Warren . . . .Bowli'gGreen 1 M Feb., 1 M 2d Mon. Jan., Apr., July, 1st 
 
 June, 2 M Oct Mon. Oct 4th 
 
 Washington . Springfield . . 4 M Feb., 1 M 
 
 Sept. . . 3d Mon. Jan., Apr., July, Oct. 4th 
 Wayne .... Monti cella . . 2 M May, 3 M [& Nov.. 
 
 Nov .... 3d Mon. Mar. June. Sep. Dec. 4th ex.May 
 
 Webster . . . .Dixon 2 M May,Nov 1st Mon. Jan. Apr. July, Oct. 3d 
 
 Whitley . . . .Whitley C. H. 1 M June.Dec 1st Mon. Jan. Apr. July, Oct. 3d, ex. Dec, 
 
 Wolfe Campton. . . . 2 M Jan.,July Tuesday after 1st Mon. Mar., [& June 
 
 June, Sept., Dec 1st 
 
 Woodford . . .Versailles. . . 1 M Apr. Oct. 3d Mon. Feb. May, Abg. Nov. 4th 
 
 COMMON PLEAS, CRIMINAL AND CHANCERY COURTS. 
 
 County. County Seat, Common Pleas. Criminal. CJtancery, 
 
 Ballard. . . .Wickliffe.. . 3d Mon. Feb., Aug. . . . 
 
 Bath Owingsville. . 1st Mon. May, Nov. . . . 
 
 Bourbon . . . .Paris 3d Mon. Feb., May, 4th 
 
 Mon. Nov. 
 
 Boyd Catlettsburg 2d Mon. May, Nov, 
 
 Bracken . . . .Hrookville 3d Mon. Mar., Oct . 3d M.Apr., 
 
 (Newport 4th Mon. Jan., 3d [Sept. 
 
 Campbell ..-{ Mon. May, Sept . IstM. Jan.,. 
 
 (.\lexandria 1st Mon. June, Dec. [May, Sep- 
 
 Carlisle Bardwell. . . . 4th Mon. July, Jan. . . . 
 
 Carter Grayson 3d Mon. Apr., Oct. 
 
 Clarke Winchester . 4th Mon. Jan., June, 1st 
 
 Mon. Sept 
 
 Fayette Lexington ... 2d Mon. Jan., Apr., 4th 
 
 Mon. Sept 
 
 Floyd Prestonsburg 2d Mon. Mar., Sept. 
 
 [Ky. 9.1! 
 
 i
 
 KENTUCKY. 327 
 
 Count}/. County Scat. Common Pleas. f'rimiwil. Cfioticert/. 
 
 Franklin . . . Frankfort . . 1st Mon. May, 8il Mon. 
 
 Nov 
 
 Crrant Williainst'wn 1st Mon. Mar., Sept. . . 
 
 Oraves MayficM . . . ]st!Mon. .Ian ,. July . . . 
 
 Harrison . . . Cynthiana 1st Mon. Api-., Oct. -'id M. May 
 
 Hickman . . .(.'linton . . . . -Itli Mon. May, Nov. . . (4tli.VINov 
 
 .lefTcrson . . .Louisville. . ("ontu's. px. July, Aug. Cont. ex. 
 
 .lossamino . . .Nicholasvillc. ."d Mon. May, Oct. . . . [July, Aug 
 
 Johnson . . . Paint.svillc lUl Mon. af. tcrniin. 
 
 Kloyd Crim. Court 
 
 (Covington ."d .Mon. Feb , Aug., 
 
 Kenton.. ..■; Nov.,lstMou.May. 1st M.June 
 
 (independ'nce Feh., ."id. 
 
 I,awrenee. . ..Louisa Itli Mon. June, Dec. [.M.Oct. 
 
 Livingston . . Smithland. . I'd Mon. May, Nov . . . 
 -Madison . . . .Richmond. . . Jst Mon. .Ian., June, 8d. 
 
 .Mon. Oct 
 
 Martin . . . . Eden(Inez po) ^Mon. sue. termina. 
 
 Boyd Crim. Court 
 Montgomery. .Mt. Sterling . 3d Mon. Mar., Sept. . . . 
 McCi-acken. . .Paducah . . . 2d .Mon. Mar., Sept. . .. [2dM..\ug. 
 
 Nicholas . . . Carlisle . . 2dM.M'r.N'v 
 
 I'endleton . .Falmouth 1st Mon. Mar., Sept. 1st M. Apr. 
 
 Pike Pikeville Last Mou.Feb.Aug. [Oct. 
 
 Ilobertson . Mt. Olivet 3d Mon. Apr., 2d. 
 
 Mou. Nov 
 
 Scott Georgetown . 1st Mon. June, Dee . 2d 
 
 Monday Oct., Equity 
 
 business f)nly 
 
 Woodford . ..Versailles.. . -llh Mon. Jan., 8d Mon. 
 
 ,Iune, 2d Mon. Nov. 
 
 Equity business only. 
 
 Curtesy. — Where there is issue of the marriage bom alive, the husband 
 shall have an estate for his own life, in all the real estate owned or pos.sessed 
 by the wife, at the time of her death, or of which another may be then seized 
 to her use. Such estates shall, however, be subject to the debts of the wife, 
 whether contracted before or after marriage. 
 
 Deeds. — Deeds executed in this state by persons other than married 
 women, may be admitted to record ; 1st. On the acknowledgment before the 
 proper clerk, by the party making the deed ; 2d, or by the proof of two sub- 
 scribing witvesses, or by the proof of one subscribing witness, who shall also 
 prove the attestation of tlie other ; 3d, or by proof of two witnesses, that 
 the subscribing witnesses are both dead ; and alsolike proof of the signature 
 of one of them, and of the grantor ; 4tli, or by like proof that both of the 
 subscribing witnesses are out of the state, or that one is so absent, and the 
 other is dead ; and also like proof of tlie signature of one of the witnesses 
 and of the grantor; 5tli, or on the certificate of the clerk of a county court 
 of this state, that the same had been acknowledged orjiroved before him, as 
 required. 
 
 Deeds executed out of the state, and witliin the United States, by persons 
 other than married women, may be admitted to record when the same shall 
 be certified under his seal of ottice, by the clerk of a court, or his deputy, or 
 by a notary jjublic, mayor of a city, or secretary of state, or commissioner, 
 to take the acktiowledgmcntsof deeds for this state, or by a judge under the 
 seal of his court, to have been acknowledged or proved before him, in the 
 manner hereby recpiired. 
 
 Deeds executed out of the United States, by persons other than married 
 women, may be admitted to record when the same shall be certified by any 
 foreign minister or consul, or secretary of legation of the United States, or 
 by the secretary of foreign aflfairs, certified under his seal of office ; or the 
 judge of a superior court of the nations, where the deed shall be executed, to 
 liave been acknowledged or proved before him in the manner i)rescribed by 
 law. 
 
 A deed of a married woman, to he effectual, shall be acknowledged before 
 some of the officers heretofore named, and lodged in the proper otfice for 
 record, previous to such acknowledgment, it shall be the duty of the officer 
 [Ky. 10.] .
 
 328 KENTUCKY. 
 
 to explain to her the contents and effects of the deed, separately and apart 
 from her husband, and thereupon if she freely and voluntarily acknowledge 
 the same, and is willing for it to be recorded, the officer shall certify the same, 
 when the acknowledgment shall be taken by an officer of this state, he shall 
 simply certify that it was acknowledged before him, and when it was done, 
 which shall be evidence that she had been examined sei^arately and apart 
 from her husband, and the contents explained to her, and that she had volun- 
 tarily acknowledged the instrument and consented that it should be recorded 
 where the acknowledgment shall be taken by an officer residing out of this 
 state, the same shall be acknowledged and certified to the ett'ect, following ; 
 
 Commonwealth (or kingdom, etc.,) of . County (or town, or city, 
 
 or department, or parish,) of ; ss. 
 
 I, A. B., (here give his title), do certify that this instrument of writing 
 from C. D. and wife, E. F., (or from E. F., wife of C. D.,) was this day pro- 
 duced to me by the parties, and the contents and eftects of the instrument 
 being explained to the said E. F., by me, separately and apart fi'om her hus- 
 band, she thereupon declared that she did freely and voluntarily execute and 
 deliver the same, to be her act and deed, and consented that the same might 
 be recorded. 
 
 Given under my hand and seal of office. 
 
 [seal.] a. B. 
 
 If the hiisband joins in the deed with his wife, and acknowledges it before 
 the same officer, his acknowledgment may be certified with that of his wife, 
 immediately succeeding the word "parties" thus, " which was acknowledged 
 by the said C. D., to be his act and deed." 
 
 Corporations execute deeds as do individuals, except they must be signed 
 and acknowledged by the chief officer of the corporation, and the corporate 
 seal attached. 
 
 No deed shall be held to be legally lodged for record until the tax be paid 
 thereon. 
 
 Depositions. — Depositions taken in this state to be used in its courts shall 
 be taken before an examiner, a judge or clerk of a court, a justice of the 
 peace, or a notary public. Depositions taken out of this state', to be used 
 here, may be taken before a commissioner appointed by the governor thereof, 
 or before any other jierson empowered by a commission directed to him, by 
 consent of parties, or by order of the court ; or before a judge of a covirt, a 
 justice of the peace, mayor of a city, or notary public. Depositions to be 
 used in Kentucky, shall be taken upon reasonable notice to the adverse 
 party, or upon interrogatories. 
 
 The notice must be in writing signed by the party giving it, or his attor- 
 ney, must be addressed to the party on whom it is to be sei-ved, and specify 
 the time and place of taking the deposition and the action or proceeding in 
 which it is to be used and must also state the name of the proposed witness, 
 if the deposition be taken out of the county where the court sits, unless it be 
 taken to prove a law, custom, or usage. Deiiositions may be taken upon in- 
 terrogatories with the consent of parties who are free from disability, or the 
 consent of the guardian, curator, committee, or husband of a party who is 
 under disability. 
 
 The court, on motion of either party, may permit, or require depositions 
 to be taken, in certain cases, on interrogatories. If a deposition be taken 
 upon interrogatories neither party, nor his agent, nor attorney shall be 
 present at the examination of the witness. (Section 581 must be strictly ob- 
 served.) Tlie interrogatories shall be filed in the clerk's office. The caption 
 thereof shall state the name and place of residence of the witness. Notice 
 of the filing thereof shall be given in writing to the opposite party, who may 
 file cross-interrogatories, until a commission to take the deposition be issued. 
 If no cross-interrogatories be filed, the clerk shall file the following : 
 
 . [Ky. 11.]
 
 KENTUCKY. 329 
 
 1. "What is your age, occupation and place of residence ? 2, Are all of 
 your statements in the fore<;oing answers made from your i^ersonal knowl- 
 edge? If not, whicli of them are made from information, or belief, and 
 what is the source of your information or the foundation of your belief'.' 
 3. Have you any interest in tiiis action direct or indirect '? If any, what is 
 it? 4. Have you stated all you know concerning this action '.* If not, state 
 what you have omitted ? 
 
 The officer taking the deposition should be very careful to have the inter- 
 rogatories filed by the clerk, answered by the witness. 
 
 No commission shall issue until ten daj's after notice is given of the filing 
 of interrogatories, unless cross-interrogatories be sooner filed. The state- 
 ments of the witness shall be written by him in the presence of the officer 
 taking the deposition, or by the otficer in the presence of the witness. 
 
 CAPTION. 
 
 The deposition of John Smith, taken on behalf of the plaintiff, on the 1st 
 ■day of June, 1880, at the office of John Jones, notary public, in and for the 
 county of Marion, State of Indiana, to be read as evidence in an action be- 
 tween John Doe, plaintiff, and Richard Roe, defendant, pending in the 
 Marion circuit court. The said John Smith having been first duly sworn, 
 deposes as follows : 
 
 Certificate of Examining Officer. 
 State of Indiana. ? 
 
 County of Marion. S 
 
 ss. 
 
 T, John Jones, notary public in and for the county and state aforesaid, cer- 
 tify that the above and foregoing deposition of John Smith was taken before 
 me, at the time and place stated in the caption upon the notice hereto at- 
 tached, that the said witness w^as duly sworn before giving it, that it was 
 (written and subscribed by him in my presence, or) written by me in his 
 presence, and read to and subscribed by him in my presence. Neither party 
 was present, in person, or by agent or attorney (or if either or both parties 
 attended at the taking of the deposition state the fact.) 
 
 Depositions taken upon interrogatories should have the same form of cap- 
 tion and certificate as above, except the word "interrogatory" should be 
 substituted for tlie word "notice," wherever it occurs. 
 
 AVhen the dept)sition is completed, it with the notice, or interrogatories at- 
 tached, should be delivered or sent, postage prepaid, by mail or by priyate 
 conveyance to the clerk of the court in which the action is pending, in a 
 sealed envelope, directed to such clerk, with an endorsement showing the 
 style of the action and that it contains depositions. If sent by private con- 
 veyance, the person by whom it is sent must make oath before the clerk to 
 whom it is delivered that it has not been opened by him or any person in its 
 transit. The continuances, if any, should be noted by the officer as they oc- 
 cur, and should not be longer than from day to day, Sunday excepted. 
 
 Descent and Distribution. — When a person having right or title to real 
 estate of inlieritance shall die intestate as to such estate it shall descend in 
 parcenary to his kindred, male and female, in the following order, to-wit : 
 
 1st. To his children and their descendant, if none, then, 2d. To his father 
 and mother, if both are living, one moiety to each ; but if the father be 
 dead, then the mother if living, shall inherit one moiety, the other moiety 
 shall descend to the brothers and sisters and their descendants, if the mother 
 be dead, then the whole estate shall pass to the father. If no father and 
 mother, then 3d. To his brothers and sisters and their descendants. If 
 none, then 4th. One moiety shall pass to the paternal, the other to the ma- 
 ternal kindred in the following order : 5th. First, to the grandfather and 
 grandmother equally if living, but if one be dead then the entire moiety 
 [Ky. 12.]
 
 330 KENTUCKY. 
 
 shall go to the survivor. If no grandfather or grandmother, then 6th. To 
 the uncles and aunts and their descendants. If none, then 7th. To the 
 great grandfather, and great grandmothei-, in the same maimer prescribed 
 for grandfather and grandmother in snb-section five. If none, then 8th. 
 To the brothers and sisters of the grandfathers and grandmothers and their 
 descendants, and so on ■with other cases without end, j^assing to the nearest 
 lineal ancestors and tlieir descendants as herein prescribed. 9th. If there is 
 no such kindred to one of the parent, the whole shall go to the kindred of tlie 
 other. If there is neither paternal nor maternal kindred the whole .shall go 
 to the husband or wife of the intestate, or if tlie husband or wife is dead to 
 his or her kindred, as if he or she had survived the intestate, and died en- 
 titled to the estate. When a person dies intestate without issue, having real 
 estate of inhei'itance, the gift of either of his parents, such ])arents if living, 
 shall inherit tlie whole of such estate. If an infant dies without issue, hav- 
 ing title to real estate derived by gift, devise, or descent from one of his par- 
 ents, the whole shall descend to that parent and his or her kindred, as heie- 
 inbefore directed, if there is any ; if there is none, then in like maimer to the 
 other parent and his or her kindred ; but the kindred of one shall not be ex- 
 chuled by the kindred of the other i)arent, if the latter is more remote than 
 the grandfather, grandmother, uncle or annt of the intestate and their de- 
 scendants. Collaterals of the half blood inherit only half as much as those 
 of the whole blood, or as ascending kindred when they take with either. In 
 making title by decent, it shall be no bar to a party that any ancestor to whom 
 he derives his descent from the intestate is or has been an alien. Bastards 
 shall be capable of inheriting and transmitting an inheritance on the part of,, 
 or to the mother ; and bastards of the same mother shall be capable of in- 
 heriting and transmitting an inheritance on the part of each other as if such 
 bastards were born in lawful wedlock of the same parents. If a man having 
 a child by a woman, shall afterwards marry her, such child or its descend- 
 ants, if recognized by him before or after marriage, shall be deemed legiti- 
 mate. A child born of his widow within ten months after the death of the 
 intestate, shall inherit from him in the same manner as if he were in being at 
 the time of such death. 1. The personal estate of an infant shall be dis- 
 tributed as if he had died of age. 2. An alien may be a distributee as 
 though he were a citizen. 3. The husband shall have the whole surplus of 
 a deceased wife's personal estate. 4. If the intestate leaves issue, his widow 
 shall have one-third, and if no issue, one-half of such surplus. 
 
 Divorce may be granted to both husband and wife, for such impotency of 
 malformation as to prevent sexual intercourse ; 2d. Living apart without any 
 cohabitation for five consecutive years next before the application. Also to 
 the party not in fault, for the following causes ; 1st. Abandonment of one 
 party of the other for one year ; 2d. Living in adultery with another man or 
 woman ; 8d. Condemnation for felony in or out of the state ; 4th. Conceal- 
 ment from the other party of any loathsome disease, existing at the time of 
 marriage, or contracting not such afterwards ; 5th. Forced duress or fraud in 
 obtaining the marriage ; (Jth. Uniting with any religious society whose creed 
 and rules rec^uire a renunciation of the marriage covenant, or forbid husband 
 or wife from cohabiting ; Also to the wife, when not in like fault, for tlie fol- 
 lowing causes ; 1st. Confirmed habit of drunkenness on the part of the hus- 
 band, of not less than one year's duration, accompanied by a wasting of his 
 estate, and without any suitable provisions for the maintenance of his wife 
 and children ; 2d. Habitually behaving towards her husband, for not less 
 than six mouths, in such cruel and inhuman manner as to indicate a settled 
 aversion to her, or to destroy permanently her peace or happiness ; 3d. Such 
 cruel beating or injury, or attempted injury of the wife by the husband, as 
 indicates an outrageous temper in him or probable danger to her life, or great 
 bodily injury from her remaining with him. Also to the husband for the fol- 
 lowing causes ; 1st. Where the wife is ju-egnant with another man without 
 the husband's knowledge at the time of marriage . 3d. Adultery by the wife 
 
 [Ky. 13.]
 
 KENTUCKY. 331 
 
 or such lewd, assidufnis behavior on her part, as to prove her bo to iiuchastcr 
 without actual proof of any adultery. A judgment of divorce autliorize> 
 either party to marry again. Courts having general equitable jurisdiction 
 may grant divorces. Ko jury trial is i)ennitted. An action for divorce must 
 be brought in the county -where the wife usually resides. If she has an actual 
 residence in the state, if not, then in the county of tlio husband's residence. 
 And such action sliall ii(»t be brought by one wlio lias not been a continuous 
 resident of this state for a year next before its institution. Nor unless the 
 party complaining had an actual residence here at the time of the doing of" 
 the act complained of; nor sliall a divon^e l)e gi-anted for anything done out 
 of the state, unless it was also a cause of divorce in1>y thelawof tlie country 
 where the act was done. An action for divorce must be brought within five 
 years next after the doing of tlie act complained of. Upon final judgment 
 from the bond of matrimony, the party shall be restored such property not 
 disposed of at the commencement of the action, as either obtained from or 
 through the other before or during the marriage, in consideraticm thereof. If 
 the wife have not sufficient estate of her own, she may, on a divorce obtained 
 by her, have such allowance out of that of her husband, as shall be deemed 
 equitable, and pending the action for divorce, the court may allow the wife 
 maintenance. 
 
 Dower. — After the death of the husband, the wife shall be endowed for 
 her life, of one-third of the real estate of which her husband, or any one for 
 his use, w^as seized of an estate in fee sim])le, at any time during the cover- 
 ture, unless her right to such dower shall have been forfeited, barred or re- 
 linquished. The wife is entitled to one-third of the rents and profits of her 
 husband's dowable real estate, from the time of his death until dower is as- 
 signed her ; and she may hold a mansion house, yard, garden and stable, 
 and lot on which it stands, and an orchard, without charge therefor, initil- 
 dower is assigned her. A widow's dower is not barred by the sale of the hus- 
 band's land, under execution. A widow may, within twelve months after the 
 probate of her husband's will, renounce its provisions, and have her dowable 
 and distributable share of his estate set apart to her, as if there had been no 
 will. 
 
 Evidence. — (See Testimony.} 
 
 Executions. — An execution or writ of fieri facias may issue from the courts 
 of justices of the peace, county courts, and circuit courts, withm ten days ^ 
 from the Louisville chancery court, in fifteen days after the judgment, re- 
 turnable on a rule day, not under thirty nor over seventy daj's from the test, 
 and binds the estate of a defendant only from the time they are delivered to- 
 the proper officer to be executed. Executions from justices of the jieace are 
 against personalty only. 
 
 Exemptions. — The following property shall be exempt from execution, at- 
 tachment, distress, or fee bill, viz.; Two work beasts, or one work beast and 
 one yoke of oxen ; tlie work beast not to be of greater value than one hun- 
 dred and fifty dollars ; two plows and gear ; one wagon and set of gear, or 
 cart, or dray, two axes, three hoes, one spade, one shovel, two cows and 
 calves, of not greater value than $120 ; beds and liedding, and furniture .suffi- 
 cient for family use ; one loom and spinning wheel, and pair of cards ; all the 
 spun yarn and manufactured cloth, manufactured by the family nece.ssary 
 for family use ; caq^eting for all the family rooms in use ; one table ; all books 
 not exceeding in value $50. Two saddles and their appendages, two bridles, 
 six chairs, or so many as shall not exceed $10 in value; one cradle, all the 
 poultry on hand ; ten head of sheep, not to exceed $25 in value ; all wearing 
 appatel ; sufficient provisions, including bread stuff and animal food to sus- 
 tain the family for one year ; if not on hand, other personal jiroperty, money 
 or growing crops, not to exceed $40 in value, for each member of the family ;• 
 provender suitable for live stock, if there be any such stock, not to exceed; 
 [Ky. 14.]
 
 332 KENTUCKY. 
 
 ■$70 in value. And if such property be not on hand, such othei' property as 
 ■shall not exceed such sum in value ; all arms, ammunition, and equipments 
 ■or a militia man ; one sewing machine, and all family portraits and pictures ; 
 •one cooking stove and appendages ; and other cooking utensils not to exceed 
 $25 in value. 
 
 The tools of any mechanic, not exceeding $100 in value, are exempt, pro- 
 vided however, a mechanic who claims the benefit of this exemption shall 
 have but one work beast exempt in his favor. The libraries of all ministers 
 •of the gospel, and the professional libraries of attorneys at law ; the pi'ofes- 
 : sional libraries of physicians and surgeons, not to exceed in value $500 shall 
 be exempt from execution of attachment, distress for rent or fee bills, pro- 
 vided that such ministers,lawyers, physicians, and surgeons, shall be entitled 
 to one work beast, and no wagon, cart, or dray, and must have a family. The 
 wages not to exceed $50, of all persons with a family who work for wages, 
 shall be exempt from execution, provided that the exemption of $50, shall 
 not apply to food, raiment, or house rent for the family. The foregoing ex- 
 emptions apply to all debts contracted subsequently to June 1st, 1886. In 
 ;addition to the personal property exempt from execution by this chapter, 
 there shall be exempt from sale under execution, attachment or judgment of 
 any court, except to foreclose a mortgage given by the owner of the home- 
 stead, or for purchase money due therefor, so much land, including dwelling- 
 house or appvirtenances owned by the debtor, as shall not exceed in value 
 $1000. This exemption applies to all debts or liabilities created or incurred 
 after the 1st day of June, 186G. 
 
 False Pretense. — Any person who shall, by any false pretense, statement 
 •or token, witli intention to commit a fraud, obtain from another money, pro- 
 perty or other things which may be the subject of larceny, or who shall 
 obtain by any false pretense, statement or token, with like intention, the 
 -signature of another to a writing, the false making whereof, would be forg- 
 •ery, or who shall falsely and fraudulently represent or personate anotlier and 
 in such assumed cliaracter, shall deceitfully receive any money or valuable 
 property of any description, intended to be delivered to the individual so 
 personated, with purpose to appropriate the same to his own use, such per- 
 son shall be confined in the penitentiary not less than one nor more than five 
 jears. 
 
 Garnishment. — After an execution is returned by the proper officer, no pro- 
 perty found to satisfy the same in whole or in part, the plaintiff may insti- 
 tute an equitable action for the discovery of any money, chose in action, and 
 all other projjerty, to whicli the defendant is entitled, and for subjecting the 
 same to the satisfaction of the judgment, and in such actions persons in- 
 debted to tlie defendant, or holding money or property in which he has an 
 interest, or holding evidences or securities for the same, may be also made 
 •defendants. In such action the plaintiff may have an attachment against the 
 property of the defendant without affidavit or bond. The court shall en- 
 force the surrender of the money or securities tlierefor, or any other property 
 of tlie defendant wliich may be discovered in the action, and for this purpose 
 may commit to jail any defendant or garnishee failing or refusing to make 
 sucli surrender until it shall be done, or until the court be satisfied that it is 
 out of his power to do so. 
 
 Grace. — (>''^<'e Bills «f Exchonac and Promissory Notes.) 
 
 Homestead, — i^ee Exemptions.) 
 
 • 
 
 Insolvent Laws and Assignments. — Deeds of assignment are acknowl- 
 edged, filed and recorded as ;u\\ other deeds. The assignee or trustee named 
 an the deed shall not, in any wise, proceed to execute the trust until he shall 
 
 [Ky. 15.]
 
 KENTUCKY. 335 
 
 appear in the county court wherein the deed is recorded and take the proper- 
 oath and make the required bond. Within sixty days after his qualification^ 
 such trustee or assignee sliall return, under oatli, to the county court in 
 ■which he qualified, an inventory of all that has come to his hands, and with- 
 in two years from the time aforesaid, he shall return to said court a report 
 of all sales. The settlement of assigned estates should be made in a court 
 of equity. Property exempt from execution is also exempt from assign- 
 ment. Notice to prove claims is given by publication in a newspaper. Claims 
 may be proved at any time before final distribution is made. The court 
 should make distribution of assets on hand from time to time. Upon the 
 petition of any one interested, filed within six montlis after any sale, mort- 
 gage, or assignment is made, or judgment suffered, or any act or device done 
 or resorted to by a debtor, in contemplation of insolvency or with the design 
 to prefer one or more creditors, a court of equity will adjudge the same to 
 operate as a general assignment and inure to the benefit of all the creditors 
 of such debtor, except that all debts due as guardian, administrator or exe- 
 cutor, or as trustee, if the trust be created by deed duly recorded, shall have 
 priority. 
 
 Interest and Usury. — Legal rate of interest is six per cent; Contracts- 
 for greater rates are void for the excess only. If the principal and legal in- 
 terest is tendered before the suit is brought and refused, the lender shall pay 
 the costs of the suit. Ten jier cent, was legal interest from September 1st, 
 1871 to September 1st, 1876. Eight per cent, was legal from September 1st, 
 1876 to April 1st, 1878. Judgments bear interest at the rate of six per cent., 
 but can bear a greater rate if contracted for until the debt is paid, provided 
 the rate contracted for was lawful at the time of the contract. In the ab- 
 sence of contract debts bear interest at the rate of six per cent, after ma- 
 turity, judgments thereon bear same rate. * 
 
 Judgments. — Foreign judgments must be proved according to the acts of 
 Congress, by certificate of judge and clerk, etc. Judgments are not liens 
 upon the estate of defendants. 
 
 Liens. — Attorneys at law have a lien upon any choses of action, account, 
 or other claim, or demand, put into his or their hands for suit or collection, 
 and also have a lien upon the judgment for money or property, either per- 
 sonal or real, which may be recovered in any action wherein he was em- 
 ployed by the plaintiff or defendant ; for the amount of any fee which may 
 have been agreed upon by the parties or in the absence of any such agree- 
 ment for a fair and reasonable fee for his or their services, but the attorney's- 
 lien is subject and inferior to the legal cost. But the stipulation on a mort- 
 gage for the payment by a mortgagor of an attorney's fee in case of a suit 
 cannot be recovered. 
 
 Meclianica and viaterial men have a lien, dating from the commencement of. 
 the work upon the improvements and the interests of the employer in the 
 land for work done and materials furnished. If the labor is performed or 
 materials furnished to a contractor or sub-contractor no lien shall attach the 
 same unless m^tice in writing is given to the owner that a lien will be 
 claimed. The limitation upt)n a mechanic's lien is 12 months from the day 
 of filing the account in tlie clerk's office. It may be enforced by suit in 
 equity by any one holding such lien, and all others may file and prove their 
 claims without pleading. But a mechanic or material man loses his lien 
 unless he files astatementiof the amount due him with all just credits and. 
 set^ofi's known to him, together with a description of the property intended 
 to be covered by tlie lien, sufficiently accurate to identify it, in the office of 
 the clerk of the county court of the county in whii'h such building or im- 
 provement is situated within sixty days after he ceases to labor or furnish 
 materials as aforesaid; Landlord shall have a superior lien upon the produce 
 of the farm or premises rented, on the fixtures, on the household furniture 
 [Ky. 16.]
 
 5H4 KENTUCKY. 
 
 «ul the tenant or under-tenant owned by liim after possession is taken of the 
 lease, but such lien shall not be for more than one year's rent, due or to be- 
 come due, nor for any rent which has been due for more than one hundred 
 and twenty days. But if any such property be removed, openly, from the 
 leased premises and without fraudulent intent and not returned, the lien of 
 the landlord shall be lost as to it unless the same be arrested by proper 
 procedure within fifteen days from the date of removal. 
 
 When any real estate shall be conveyed and the consideration or any part 
 thereof remains unpaid, the grantor shall have a lien for the same against 
 'honafide creditors and purchasers if it is stated in the deed what part of the 
 consideration remains unpaid. When the defendant in an execution owns 
 the legal title to land «nicunibered by lien to the purchase money or who 
 shall own the legal title to any real or i>ersonal estate, and shall create a bona 
 _Jide encumbrance thereon by mortgage, deed of trust, or otherwise, before 
 an execution has created a lien on the same, the interest of the defendants in 
 ^uch property may be levied on and sold svibject to such encumbrances. The 
 purchaser at the sale shall acquire a lien on such property for the purchase 
 money and interest at the late of ten per cent, per annum, from the day of 
 .sale until paid, subject to the prior encumbrances. 
 
 By act of May 4th, 1880, the property of rolling mills, foundries and other 
 manufacturing establishments is made subject to lien in favor of laboring 
 men employed in such foundries, rolling mills and other manufacturing es- 
 tablishments for their wages due within sixty days before the assignment of 
 -the property or such establishment for any purpose. 
 
 Limitations. — Civil actions other than those for the recovery of real prop- 
 -erty, sliall be commenced w ithin the following periods after tlje sause of ac- 
 tion accrued, and not(0.fter ; Actions upon a judgment or decree of any court, 
 within fifteen years ; the time to be computed from the date of the last exe- 
 cution thereon ; also actions upon written contracts and official bonds ; also 
 -actions for the recovery of real estate, and no disability whatever can extend 
 the time longer than thirty years for bringing an action to recover real es- 
 tate. An action upon a contract, not in w^riting, expressed or implied ; an 
 action upon a liability created by statute, when no other time is created by 
 .statute fixing the liability ; an action for trespass on real or personal prop- 
 -<!rt,y ; an action for the profits or damages for withholding real or personal 
 l)roperty ; actions for the taking, retaining, or injixring personal property, 
 including actions for the specific recovery thereof ; an action upon a bill of 
 i'xchange, check, draft, or order, or any endorsement thereof, or upon a pro- 
 missory note placed upon the footing of a bill of exchange ; an action upon 
 ;an account concerning trade or merchandise, between merchant and mer- 
 chant, or their agent ; and an action for relief on the ground of fraud or mis- 
 take, must be brought within five years next after the cause of action accrued. 
 
 An action for an injury to the person of the plaintiff", his wife, child, ward, 
 -apprentice or servant, or for injuries to person, cattle or stock, by railroads, 
 or by any company or corporation ; an action for malicious ])rosecution, con- 
 spiracy, arrest, tieduction, criminal conversation, or breach of promise of 
 marriage, or an action for libel and slander, must be brought within one year 
 next after the cause of action accrued. An action upon a merchant's account 
 for goods, wares, or merchandise, sold and delivered, shall be commenced 
 within two years next after the cause of action accrued. In every such ac- 
 tion upon merchant's accounts as last above described, the limitation shall 
 be (iomputed from the 1st day of January next, succeeding the respective 
 -dates of tlie delivery of the articles charged in tlie account. 
 
 A suit may be brought upon a new promise, either expressed or implied, 
 to pay a debt which is barred by the statute of limitation. 
 
 Married Women. — A marri(;d woman's real estate, and the rents and pro- 
 fits thereof, shall not be liable for any debts or responsibilities of her hus- 
 band, l)ut shall be liable for her debts and responsibilities contracted before 
 
 [Ky. 17.]
 
 KENTUCKY. 835 
 
 ■marriage, and for such contracted after marriage, on account of necessaries 
 for herself and family, her husl)and inchuled, as shall be evidenced hy writ- 
 ing signed by her. iVIarriage gives to the husband, during the life of the 
 wife, no interest or estate in the wife's real estate, including chattels, real, 
 owned at the time or actjuired by her after marriage, except the use thereof, 
 with power to rent the real estate for not more than tliree years at a time, 
 and receive tlie rent. The husband's contingent right of curtesy or life es- 
 tate, or his right to the use or the rent thereof, shall not be sold for, or other- 
 wise subji-cted to the payment of any separate debt or resiwnsibility of his, 
 during her life. 
 
 Where the husband abandons the wife or fails to make sufficient provision 
 for her maintenan(;e, or where he is confined in the penitentiary for an unex- 
 pired term of more than one year, she may, by action in equity, be emi^ow- 
 ered to use, enjoy, and sell, for her own benefit, any proi)erty she may acquire, 
 or may have acquired, to make contracts; sue and be sued, and also to recover 
 in her own name, any property or debt to which she is entitled, or to which 
 the husband is entitled in her right. She may also be empowered to sell and 
 convey by her own deed, any of her real estate, freed as to it and its proceeds 
 from any claim of her husband. 
 
 On the joint petition of husband and wife, or on the petition of the wife, 
 the husband being made a party thereto, filed in the circuit court in the 
 county of her residence, on satisfactory evidence, the court may empower 
 her to use, enjoy, sell, and convey, for her own benefit, any property she may 
 own or acquire, free from the claim or debts of her husband; or to make 
 contracts, sue and be sued as a single woman, or to trade iu her own name, 
 or dispose of her property by will or deed. Married women and minors may 
 make deposits in incori)o rated institutions authorized to receive deposits, and 
 their checks on receipts for the same shall be valid, to the same extent as if 
 they were not married, or of full age. If any stocks of the banks or other 
 corporations of this state is taken for, or transferred to any female, and it :s 
 expressed on the face of the certificate or transfer book of such stock, that 
 it is for the use of such female, no husband of hers shall take an interest in 
 such stock, or the dividends thereon. 
 
 She may receive the dividends and give acquittances therefor, though mar- 
 ried ; but she shall not, in any way, anticipate the same, nor shall any divi- 
 dend be paid upon an order or power given by her, before the same is de- 
 clared. At her death it shall pass to her heirs ; but if unmarried, she may 
 dispose of it by will ; or if married, so dispose of it with consent of her 
 husband, or without such consent, if so provided in the deed or will creating 
 the trust. On the death of her husband she is entitled to dower. A married 
 woman who shall come to this commonwealth without her husband, he re- 
 siding elsewhere, may- acquire property, contract and defend and bring ac- 
 tions as an unmarried woman. 
 
 By act of April Itth, 1873, the compensation and wages of married women 
 for service and labor by them, is free from the debts and control of the hus- 
 band, and the same may be paid directly to such women, and payment to 
 them shall be a full discharge and acquittance of the employer. 
 
 Mortgages of Real Estate. — A mortgage is an ordinary deed, containing 
 a clause of defeasance, and it should be executed and acknowledged as a deed. 
 
 An action to enforce a mortgage must l>e brought in a court of equity, 
 wherein a personal judgment may be rendered for the recovery of the debt, 
 secured by the mortgage. 
 
 It is invalid against a purchaser for a valuable consideration without notic(> 
 thereof, or against creditors, until such deed shall be acknowledged or 
 proved, according to law, and lodged for record. 
 
 It may be discharged by an inventory acknowledging satisfaction of the 
 same, on themargin Of the record thereof, by the mortgagee, and attested by 
 the clerk of the coi^rt or his deputy, or by recfmveyance of the property. 
 The wife must join in ths mortgage to bar her dower, and should waive her 
 right of homestead therein. A mortgage is barred by fifteen years, 
 [Ky. 18.]
 
 336 KENTUCKY. 
 
 Oaths.— ('Sf^' Affidarits.) 
 
 Promissory Notes. — (.See Bills of Exchange.) 
 
 Practice. — In Kentucky, law is practiced under the "Codes of Practice,'" 
 •which went into ctiect July the 1st, 1854. Tlie "New Codes" went into 
 effect January the 1st, 1877. 
 
 Becording. — No deed conveying any title to or interest in, land for a. 
 longer time than five years, nor any agreement in consideration of marriage, 
 nor any deed of trust or mortgage conveying a legal or equitable to real or 
 personal estate, shall be valid against a purchaser for a valuable considera- 
 tion, without notice thereof, or against creditors, l^ntil such deed shall be 
 •aclcnowledged or approved according to law, and lodged for record. 
 
 All other deeds made by residents of Kentucky, sliall not be good against 
 a bona fide purchaser -without notice, or his creditor, except from the time 
 the same shall be legally lodged for record, unless the same be so lodged 
 within sixty days from the date thereof. If made by persons residing out of 
 Kentucky, and in tlie United States, within . four months. If out of the 
 United States, within twelve months. 
 
 Redemption. — Land sold under execution for less than two-thirds of its- 
 appraised value, may be redeemed in twelve months by the jjayment to pur- 
 cliaser, or his representatives, of the original purchase money, and ten per 
 centum per annum interest thereon. 
 
 Replevin. — In actions for the recovery of specific personal property, the 
 plaintilf may obtain immediate jiossession by making proper affidavit and 
 bond, but the defendant may retain possession by giving similar bond. 
 
 Revenue and Taxation. — Taxes are due on the first day of June, annu- 
 ally, but are not delinquent until and after demand of payment thereof is 
 made, if the party against whom they are assessed is a resident of this state. 
 Any person failing to pay his taxes by the 1st day of April in the year follow- 
 ing the assessment, shall pay five per cent, additional on the unpaid tax. 
 
 The sheriff may, after the first day of June, levy on the personal property, 
 and sell same for unpaid taxes. If there be no personal property which the 
 collecting officer can levy on for taxes due, and tlie same shall not be paid by 
 the first day of November, he may levy on any real estate of delinquent, and 
 sell the same for unpaid taxes and costs. And if no one will purchase said 
 land at the price of the taxes due and the costs of sale, it shall be his duty 
 to purchase same for the state. The owner of such real estate may redeem 
 the same at any time within two years from day of sale, by paying to tlie 
 purchaser thereof, the purchase money with interest at the rate of thirty per 
 cent, per annum, and the costs. 
 
 If the owner be under disability, he shall have two years after the removal 
 of the disability, in which to make such redemption. But the committee or 
 next friend of a person of unsound mmd, shall be allowed only five years 
 from the day of sale, or two years after written notice of sale, to redeem. 
 
 Land must be listed for taxation in the county in which it lies, no matter 
 ■where the owner resides. If the owner fails to list the same, the assessor 
 must list all lands in his county. 
 
 Owners or clahnants of land who do not reside in the county in which it 
 lies, are rcciuircd to furuisli the county clerk tliereof, a written description of 
 each tract, verified by affidavit, and the failure to do so shall subject such 
 owner or claimant to a penalty of not less tlian twenty, nor more than one 
 hundred dollars for each tract, and one dollar for each luindred dollars of the 
 value of tlie land, recoverable by action or motion in the county or circuit 
 court of the county in which the land lies. 
 
 [Ky. 19.]
 
 KENTUCKY. 337 
 
 If an owner of land, non-resident of the commonwealth of Kentucky, shall 
 for five years, fail to comply with the preceding section, (viz., § 2 of article 
 16), his right to the land shall cease and vest in the commonwealth, without 
 any proceeding to declare the fact, and may be relied on in bar of any action 
 or proceeding ; but this section shall not apply to infants, married women, 
 and persons of unsound mind, until such disability is removed. 
 
 Bevision. — The general statutes went into effect December 1st, 1873. 
 
 Seal. — A seal or scroll shall in no case be necessary to give effect to a deed 
 or other writing. All unsealed writings shall stand upon the same footing 
 with sealed writings, having the same force and effect, and upon which the 
 same actions may be founded, but this section shall not apply, nor shall it 
 alter any law requiring the state or county seal, or the seal of a court, cor- 
 poration, or notary to any writing. 
 
 Stay of Execution. — An execution may be replevied for three months, at 
 any time before a sale of i)roperty under the same, by the defendant giving 
 to the ofhcer an obligation payable to the plaintiff, Avith good surety for the 
 amount thereof, including interest and costs, and half commission up to that 
 time. 
 
 Supplementary Proceedings. — (See Garnishment.') 
 
 Testimony. — The following persons are incompetent to testify . Neither 
 husband or wife shall testify, even after cessation of marriage, concerning 
 any communication between them during marriage. Nor shall either of 
 them testify againt the other. Nor shall either of them testify for the other, 
 except hi an action for lost baggage, or its value, against the common car- 
 rier, inn keeper or wrong doer. In such action either or both of them may 
 testify. Also except in actions which might have been brought by or 
 against the wife, if she had been unmarried, and in such action, either of 
 them may testify, but not both. 
 
 An attorney shall not testify concerning a communication made to him in 
 his professional character by his client, or his advice thereon without the 
 clients consent, nor shall a clergyman or priest testify concerning any con- 
 fession made to him in his professional character in the course of discipline 
 enjoined by the church to which he belongs without the consent of the per- 
 son confessing. 
 
 Nor shall a prisoner in a penitentiary of this state nor of any other coun- 
 try testify, nor shall any person testify for himself against such prisoner. 
 Nor shall any person be ccnnpetent to testify for himself or another who is 
 found by the court to be incapable of understanding the fact concernino- 
 which his testimony is offered. 
 
 No person shall testify for himself against the party who is not before 
 the court otherwise than by constructive service of a summons. All other 
 objections to witnesses shall go to their credit alone and be waived by the 
 jury or tribunal to which their evidence is offered. No one is incompetent 
 as a witness because of race or color. 
 
 Trust Deeds. — No sale made of any real estate by trustee by virtue of a 
 deed of trust or pledge to secure the payment of debts, shall be valid, Tior 
 pass the title of the proi)erty specified in such deed or pledge, unless the 
 sale thereof be made in pursuance to a judgment of a court of equity or the 
 grantor shall join in the conveyance to the purchaser. 
 
 Wills. — Every person of sound mind not being under twenty-one years of 
 age, or a married woman, may by will dispose of any estate, right, or inter- 
 est in real or personal estate that he may be entitled to at his death, which 
 would otherwise descend to his heirs or pass to his personal representatives, 
 IKy. 20.]
 
 ;«S KENTUCKY. 
 
 iind tiioiigh lie may become w> entitled after the executiuu of his will. A 
 married woman may by will dispose of any estate secured to her separate 
 use by deed or devise, or in the exercise of a written power to make a will. 
 No will shall be valid unless it be in writing with the name of the testator 
 {subscribed thereto by himself or by some other person in his presence and 
 by his direction ; and moreover if not wholly written by the testator the sub- 
 scription shall be made or the will acknowledged by him in the j^resence of 
 at least two credible witnesses who shall subscribe the will with their names 
 in the presence of the testator. The will of a person domiciled without this 
 jstate at the time of his death, sliall be valid, as to his ijersomil property in 
 this state, if it was executed according to the law of the place where he was 
 domiciled. No person shall, on account of his being the executor of a will, 
 be incompetent as a witness for or against the will. Wills shall be proved 
 before and admitted to record by the county court of the county of the tes- 
 tator's residence. If he had no known place of residence in this state and 
 land is devi.sed, then in the county where the land or jjart thereof lies. If 
 no land is devised then in the county where he died, or that wherein his 
 ■estate or part thereof shall be, or where there may be any debt or demand 
 •owing to him. No will shall be received in evidence until it lias been 
 allowed and admitted to record by the county court and its probate before 
 such court shall be conclusive, except as to the jurisdiction of the court 
 iintil the same is superseded, reversed or annulled. When the will of a non- 
 resident relative to an estate within this state has been jiroved without the 
 :*>ame, an authenticated copy and a certificate of probate thereof may be 
 offered for probate in this state as a will of personalty, and shall be admit- 
 ted to probate as such, and if it appears from such copy that the will was 
 ^proved in a foreign court of probate to have been executed so as to be a 
 valid will of land in this state by the law thereof, such copy may be admitted 
 to probate as the will of real estate. 
 
 [Ky. 21.]
 
 KENTUCKY. 
 
 339 
 
 ATTORNEYS IN KENTUCKY. 
 
 Bold Face Type denotes oounty seats. A dash (— 
 Figures after names wlien admitted to the Bar. 
 A double dagger (J) our Compiler of liaws. 
 A dagger (f) former recommendations withdrawn. 
 
 ) less than KX) iX)pulation. 
 A star (*) Notaries Public. 
 
 PLACE. 
 
 Albany 
 
 -Vshlaiid 
 
 AugiLsta 
 
 Barboursville 
 
 Bardstown 
 
 Beattyville 
 
 Bedford 
 
 Benton 
 
 Blandville 
 
 Booneville 
 
 Bowling Green 
 
 Bradenburg 
 
 Brookville 
 
 Brownsville 
 
 Burksville 
 
 Burlington 
 
 Cadiz 
 
 Calhoun 
 
 Campbellsville 
 
 Campton 
 
 Carlisle 
 
 Carrollton 
 
 Catlettsburg 
 
 Clinton 
 
 ('htvcrpurt 
 
 Columbia 
 
 (JdUunbus 
 
 Covington 
 
 Cynthiana 
 
 DanviUe 
 
 Dixon 
 
 Eddyville 
 
 Edmonton 
 
 Elizabethtown 
 
 Elkton 
 
 Kininencc 
 
 Falmouth 
 
 Flemingsburgli 
 
 Frankfort 
 
 Franklin 
 
 Frenchburgh 
 
 Fulton 
 
 COUNTY. 
 
 Clinton 
 
 Boyd 
 
 Bracken 
 
 Knox 
 
 Nelson 
 
 Lee 
 
 Trimble 
 
 Marshall 
 
 Ballard 
 
 Owsley 
 
 Warren 
 
 Meade 
 
 Braken 
 
 Edmonson 
 
 Cumberland 
 
 Boone 
 
 Trifrgs 
 
 McLean 
 
 Taylor 
 
 Wolfe 
 
 Nicholas 
 
 Carroll 
 
 Boyd 
 
 Hickman 
 
 Breckenridge 
 
 Adair 
 
 Hickman 
 
 Kenton 
 
 Harrison 
 
 Boyle 
 
 Webster 
 
 Lyon 
 
 Metcalfe 
 
 Hardin 
 
 Todd 
 
 Henry 
 
 Pendleton 
 
 Fleming 
 
 Franklin 
 
 Simpson 
 
 Menifee 
 
 Fulton 
 
 N.\MES OF ATTOKNEYS. 
 
 popula'n. 
 
 J. A. Brents. 400 
 
 W. C. Ireland. 3,500 
 
 T. F. Marshall. 1.300 
 JAMES N. BRADFORD, "83. 517 
 
 Wm. Johnson. 1,900 
 
 G, W. Gourley. 300 
 
 John A. Trout. 300 
 
 J. W. Dycus. 279 
 
 B. S. Bailey. 500 
 J. M. Sebastion. 315 
 DULANEY (W. L.) & 
 
 MITCHELL (JAS. A.). 5,114 
 
 Wra. Alexander. 800 
 
 Clarke & Son. 640 
 
 J. S. Lay. 125 
 
 C. W. Alexander. 850 
 
 A. G. Winston. 400 
 R. A. Burnett. 64« 
 W. B. Woe. 1,000 
 John R. Robinson. 1.500 
 Jo.seph C. Lykins. 300 
 Kennedy & Son. 1,800 
 J. A. Donalson. 2,500 
 T. R. Brown. 3,500 
 G. W. Griffey. 1,500 
 J. A. Murray. 1,500 
 James Garnett. 700 
 John M. Brunimal. 1,500 
 Chas. Eginton. 37,000 
 Hon. J. Q. AVard. 3,000 
 Van Winkle & Rhodes. S,300 
 F. M. Baker. 850 
 L. J. Watkins. 800 
 C. W. Thompson. 255 
 Wilson, Spring & Van Meter. 3,000 
 Petrie & Bristow. 1,200 
 
 B. Selby. 1.043 
 J. T. Simon. 1,3C0 
 W. J. Hi'tidrick. 1,8(M) 
 Wm. P. D. Bush, "47. 9,00O 
 I. H. Goodnight. 1.700 
 J. J. Bvrnc. 200 
 Fri'cinan i^- Canipbell. 3.000
 
 340 
 
 KENTUCKY. 
 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. POPULA'N 
 
 Georgetown 
 
 Scott 
 
 George Payne. 
 
 2,800 
 
 Glasgow 
 
 Barren 
 
 Porter & McQuan. 
 
 3,000 
 
 Grayson 
 
 Carter 
 
 R. D. Davis. 
 
 700 
 
 Greensburgh 
 
 Green 
 
 D. A. Caldwell. 
 
 650 
 
 Greenup 
 
 Greenup 
 
 E. F. Dulin. 
 
 1,000' 
 
 Greenville 
 
 Muhlenberg 
 
 HAY('74) & THOMPSON("66).1.30O 
 
 Hardinsburg 
 
 Breckenridge 
 
 MORRIS ESKRIDGE, '60. 
 
 585 
 
 Harlan 
 
 Harlan 
 
 J. K. Bailey. 
 
 300= 
 
 Harrodsburgh 
 
 fiercer 
 
 Ben. Lee Hardin, '65. 
 
 3,20a 
 
 Hartford 
 
 Ohio 
 
 Henry D. McHenry. 
 
 1,000 
 
 Hawesville 
 
 Hancock 
 
 R. A. Miller. 
 
 1,000 
 
 Henderson 
 
 Henderson 
 
 ^ S. B. & R. D. VANCE. 
 ( VANCE ('79) & SUGG '86. 
 
 5,865 
 
 Hickman 
 
 Fulton 
 
 R. S. MURRELL. 
 
 1,364 
 
 Hindman 
 
 Knott 
 
 George Clark. 
 
 135 
 
 Hodgensville 
 
 La Rue 
 
 I. W. Twyman. 
 
 400 
 
 Hopkinsville 
 
 Christian 
 
 H. R. Littell. 
 
 6,000 
 
 Hyden 
 
 Leslie 
 
 W. P. Bentley. 
 
 200 
 
 Irvine 
 
 Estill 
 
 J. B. White, 
 
 500 
 
 Jamestown 
 
 Russell 
 
 .7. E. Hays. 
 
 300' 
 
 Jackson 
 
 Breathitt 
 
 D. B. Redwine. 
 
 150 
 
 La Grange 
 
 Oldham 
 
 D. H. French. 
 
 1,000 
 
 Lancaster 
 
 Garrard 
 
 R. H. TOMLINSON. 
 
 1,234 
 
 Lawrenceburgh 
 
 Anderson 
 
 J. H. D. McKee. 
 
 1,100 
 
 Lebanon 
 
 Marion 
 
 Roundtree & Leslie. 
 
 3,100 
 
 Leitchfield 
 
 Grayson 
 
 James M. McClure. 
 
 600 
 
 Lexington 
 
 Fayette 
 
 Z. Gibbons. 
 
 33,000 
 
 Liberty 
 
 Casey 
 
 J. B. Stone. 
 
 300 
 
 London 
 
 Laurel 
 
 J. A. Craft. 
 
 500 
 
 Louisa 
 
 Lawrence 
 
 R. T. Burns. 
 
 900- 
 
 Louisville. 
 
 Jefferson 
 
 County. Population, 159,758. 
 
 
 X Bright, Horatio S., 316 5th St. 
 
 See Card m Appendix, page x. 
 
 Southern Collection Agency, 451 Jefferson St. 
 & Co., Managers. 
 
 Abner J. Smitb 
 
 McKee 
 
 Jackson 
 
 D. W. Durham. 
 
 lOO 
 
 Madisonville 
 
 Hopkins 
 
 Wadditt & Pratt. 
 
 2,500 
 
 Manchester 
 
 Clay 
 
 L. A. Byron. 
 
 330 
 
 Marion 
 
 Crittenden 
 
 Blue & Blue. 
 
 455. 
 
 Mayfield 
 
 Graves 
 
 Tice & Hester. 
 
 3,500 
 
 Maysville 
 
 Mason 
 
 Hon. G. S. Wall. 
 
 9,000 
 
 Monticello 
 
 Wayne 
 
 J. A. Phillips. 
 
 485- 
 
 Morehead 
 
 Rowan 
 
 A. T. Young. 
 
 600 
 
 Morganfield 
 
 Union 
 
 K. Chapeze. 
 
 800 
 
 Morgantown 
 
 Butler 
 
 W. A. Helm. 
 
 400 
 
 Mt. Olivet 
 
 Robertson 
 
 J. J. Osloe. 
 
 517 
 
 Mt. Sterling 
 
 Montgomery 
 
 Peters & Tyler.. 
 
 4,000 
 
 Mt. Vernon 
 
 Rockcastle 
 
 John McClary. 
 
 60O 
 
 Monfordville 
 
 Hart 
 
 H. C. Martin. 
 
 374 
 
 Murray 
 
 Galloway 
 
 Thos. P. Cook. 
 
 636 
 
 New Castle 
 
 Henry 
 
 Wm. Carroll. 
 
 800 
 
 Newport 
 
 Campbell 
 
 J. C. Wright. 
 
 28,000 
 
 Nicholasville 
 
 Jessamine 
 
 J. S. Bronaugh. 
 
 3,000 
 
 Owensburg 
 
 Davics 
 
 W. N. Sweeney & Son, 
 
 10,000 
 
 Owenton 
 
 Owen 
 
 Montgomery, Lindsay i 
 
 & Botts. 800 
 
 Owingsville 
 
 Bath 
 
 J. S. Hunt. 
 
 936
 
 
 KENTUCKY. 
 
 341 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. 
 
 popcla'n. 
 
 Paducah 
 
 McCrackeii 
 
 C. H. Thomas, "69. 
 
 8,036 
 
 Paintsville 
 
 .Johnson 
 
 John P. Wells. 
 
 500 
 
 Paris 
 
 Bourbon 
 
 Cunningham & Tuniey. 
 
 4,500 
 
 Pikeville 
 
 Pike 
 
 Perry A. Cline, '^2. 
 
 :>{'.{) 
 
 Pineville 
 
 Bell 
 
 John Goodwin. 
 
 30O 
 
 Prestonburg 
 
 Floyd 
 
 W. S. Harkins. 
 
 265 
 
 Princeton 
 
 Caldwell 
 
 J. R. Hewlett. 
 
 1,234 
 
 Richmond 
 
 Madison 
 
 Commercial Bureau, Stej 
 D. Parrish. 
 
 '''^" 3,200 
 
 Russell ville 
 
 Logan 
 
 II. F. Allensworth. 
 f IF. W. Lyles. 
 
 2,058 
 
 Salyersville 
 
 Magoffin 
 
 D. D. Sublett. 
 
 22o 
 
 Sandy Hook 
 
 Elliott 
 
 M. M. Redwine. 
 
 300 
 
 Scottsville 
 
 Allen 
 
 Bradburn & .Johnson. 
 
 1,000 
 
 Shelbyville 
 
 Shelby 
 
 G. G. Gilbert. 
 
 2,393 
 
 Shepherdsville 
 
 Bullitt 
 
 W. R. Thompson. 
 
 300 
 
 Smithland 
 
 Livingston 
 
 Bush & Son. 
 
 800 
 
 Somerset 
 
 Pulaski 
 
 C). H. Waddle. 
 
 3,000 
 
 Springfield 
 
 Washington 
 
 J. M. Lewis. 
 
 610 
 
 Stanford 
 
 Lincoln 
 
 P. S. Hill. 
 
 2,000 
 
 Stanton 
 
 Powell 
 
 J. H. Scholl. 
 
 100 
 
 Taylorsville 
 
 Spencer 
 
 Wm. Anderson. 
 
 700 
 
 Tompkinsville 
 
 Monroe 
 
 .T. M. Basham. 
 
 290 
 
 "Vanceburgh 
 
 Lewis 
 
 Geo. M. Thomas. 
 
 1,300 
 
 Versailles 
 
 Woodford 
 
 D. T. EDWARDS. 
 
 2,126 
 
 "Warsaw 
 
 Gallatin 
 
 H. J. Abbett. 
 
 «00 
 
 West Liberty 
 
 Morgan 
 
 J. W. Kendall. 
 
 400 
 
 White sburgb 
 
 Letcher 
 
 .T. E. Sarver. 
 
 200 
 
 Wniiamsburgli 
 
 Whilsey 
 
 J. R. SAMPSON, '72. 
 
 800 
 
 Wiljamstown 
 
 Grant 
 
 E. H. Smith. 
 
 900 
 
 Winchester 
 
 Clark 
 
 W. M. BECKNER, 'Go. 
 
 077
 
 342 
 
 KENTUCKY. 
 
 BANKS IN KENTUCKY. 
 
 Giving the name of town, bank and cashier, and amount of.paid-up capital of one 
 banl? in each county of tiiis state in wliich sucli a banlting institution is located. 
 
 FLACK. 
 
 Bowling Green 
 
 Brandenburg 
 
 Burlington 
 
 Carlisle 
 
 Carrollton 
 
 Oatlettsburg 
 
 Columbia 
 
 Covington 
 
 Cyntliiana 
 
 Danville. 
 
 Elizabetlitown 
 
 Elkton 
 
 Falmouth 
 
 Flemingsburg 
 
 Frankfort 
 
 Georgetown 
 
 Glasgow 
 
 Grayson 
 
 Greenup 
 
 Harrodsburg 
 
 Hartford 
 
 Henderson 
 
 Hickman 
 
 Hopkinsville 
 
 La Grange 
 
 Lancaster 
 
 Lawrenceburg 
 
 Lebanon 
 
 Lexington 
 
 Louisville 
 
 Mayfield 
 
 Maysvillo 
 
 Morgantield 
 
 Morgantown 
 
 Mt. Sterling 
 
 Murray 
 
 New Castle 
 
 Newport 
 
 Nicholasville 
 
 Owensboro 
 
 Owcntown 
 
 Owingsvillo 
 
 Paducah 
 
 NAME OF BANK. 
 
 Warren Deposit Co 
 
 Meade Co Deposit Bank 
 
 Boone " " 
 
 Deposit Bank 
 
 First National Bank 
 
 Catlettsburg Nat Bank 
 
 Bank of Columbia 
 
 First National Bank 
 
 National Bank of Cyntliiana 
 
 Boyle National Bank 
 
 First 
 
 Bank of Elkton 
 
 Falmouth Deposit Bank 
 
 Fleming Co Nat Bank 
 
 Farmers' Bank of Kentucky 
 
 Farmers' B'k of Ky (Br'ch) 
 
 Deposit Bank 
 
 Grayson Banking Co 
 
 J M Sowards 
 
 First National Bank 
 
 Bank of Hartford 
 
 Farmers' B'kof Ky (Brch) 
 
 Hickman Bank 
 
 Bank of Hopkinsville 
 
 Oldham Bank 
 
 National Bank of Lancaster 
 
 Lawrenceburg Bank 
 
 JNIarion National Bank 
 
 Northern B'k of Kentucky 
 
 Bank of Kentucky 
 
 First National Bank 
 
 it U (< 
 
 Nat Bank of Union County 
 Morgantown Deposit Bank 
 Farmers' National Bank 
 A J Barnett 
 
 Nat Bank of New Castle 
 First National Bank 
 
 Deposit Bank 
 First National Bank 
 Goodjjaster's Bank 
 City National Bank 
 
 
 PAID UP 
 
 CASHIEK. 
 
 CAPITAL. 
 
 C. G. Smallhousc. 
 
 $150,000 
 
 J. L. Fairleigh. 
 
 23,300 
 
 J. C. Revell. 
 
 50,000 
 
 F, E. Congleton. 
 
 77.000 
 
 J. M. Giltner. 
 
 60,000 
 
 A. C. Campbell. 
 
 100,000 
 
 Jo. Coffey. 
 
 40,000 
 
 L D. Fry. 
 
 500,000 
 
 J. S. Withers. 
 
 150,000 
 
 J. W. Proctor. 
 
 200,000 
 
 S. R. Robertson. 
 
 75,000 
 
 John 0. Street. 
 
 100,000 
 
 J. E. Bohannan. 
 
 25,000 
 
 Thos. S. Andrews. 
 
 100,000 
 
 Grant Green. 
 
 991,400 
 
 S. S. Wells. 
 
 359,000 
 
 J. Ritter. 
 
 100,000 
 
 C. C. Magann. 
 
 37,000 
 
 Wm. Sowards. 
 
 45,000 
 
 H. C. Bohon. 
 
 100,000 
 
 Samuel K. Cox. 
 
 30,000 
 
 C. T. Starling. 
 
 300,000 
 
 R. L. Alexander. 
 
 10,000 
 
 J. E. McPherson. 
 
 350,000 
 
 J. T. Wilson. 
 
 30,000 
 
 Wm. PL Kinnaird. 
 
 350,000 
 
 J. M. Johnson. 
 
 100.000 
 
 J. M. Knott. 
 
 150,000 
 
 W. D. Boswell. 
 
 763,900 
 
 F. 0. Anderson. 
 
 1,645,000 
 
 S. P. Ridgway. 
 
 150,000 
 
 Thos. Wells. 
 
 310,000 
 
 D. C. James. 
 
 100,000 
 
 .Tereme T. Moore. 
 
 40,000 
 
 William Mitchell. 
 
 350,000 
 
 
 10,000 
 
 John W. Matthews. 
 
 ()0,()no 
 
 T. B. Youtsey. 
 
 300,000 
 
 Dent Hoover. 
 
 100,000 
 
 John Wandling. 
 
 335.000 
 
 Luke 0. Cox. 
 
 126,000 
 
 H. S. Goodpaster. 
 
 40,000 
 
 Chas. E. Richardson. 
 
 300,000
 
 KENTUCKY. 
 
 34;^ 
 
 PLACE. 
 
 Paris 
 
 Princeton 
 
 Richmond 
 
 Russellville 
 
 Shelbyville 
 
 Somerset 
 
 Springfield 
 
 Stanford 
 
 Taylor.sville 
 
 Versailles 
 
 Warsaw 
 
 Williamsburg 
 
 Williamstown 
 
 Winchester 
 
 NAME OF BANK. 
 
 Northern B'k of Kentucky 
 First National Bank 
 
 Logan County Bank 
 Bank of Shelbyville 
 National Bank of Somerset 
 First National Bank 
 
 il 4( (( 
 
 Bank of Taylorsville 
 Bank of Woodford 
 Warsaw Deposit Bank 
 Bank of Williamsburg 
 Bank of Williamstown 
 Wini.hester National Bank 
 
 
 PAID VP^ 
 
 CASHIER. 
 
 CAPITAL 
 
 Charlton Alexander. 
 
 400,000 
 
 G. E. Hamilton. 
 
 .50,000 
 
 J. E. Greenleaf. 
 
 250,000 
 
 II. B. Caldwell. 
 
 51,000 
 
 Shelby Vannatta. 
 
 100,700 
 
 Robt. Gibson. 
 
 50, 001 > 
 
 A. C. IVIcElroy. 
 
 150,000 
 
 J. J. McRoberts. 
 
 250, 0(M) 
 
 E. D. Bounie. 
 
 2.5.000 
 
 D. P. Robb. 
 
 80,000 
 
 Florin Cox. 
 
 ;i5,ooo 
 
 .1. W. Silver. 
 
 ;)5,ooo 
 
 Tim Needham. 
 
 50,000 
 
 J. Pike Power.s. 
 
 2(X),000
 
 f 
 
 STATE OF 
 
 LOUISIANA. 
 
 SUMMARY OF 
 
 CoivLECTioiM Laws. 
 
 Court Calendar, Instruction's for taking Dkpositions, Legal. Forms, Etc. 
 
 Expressly Prepared and Revised to Nov. 1st, 1887, for " Showers' 
 
 Legal Directory and Merchants' Guide," for 1888. by 
 
 Merrick & Merrick, of the New Orleans Bar. 
 
 Acknowledgments. — Instruments, deeds, contracts and agreements may 
 be made in two forms ; one in a solemn form, that is before a notary public 
 and two male witnesses for ordinary contracts, sales, mortgages and dona- 
 tions inter vivos, etc. Wills and testaments (donations mortis causa) require 
 a notary public and three or five male witnesses for their validity, according 
 to circumstances ; but wills may also be made without a notary. The other 
 form is called an act under private signature. It requires no other formality 
 than the signature of the party, and is valid only where there is some con- 
 sideration. This form, if executed in other states, may be acknowledged and 
 proved before a commissioner of deeds for Louisiana, resident in such state. 
 A notarial act makes proof of itself, and a certified copy is always admis- 
 sible. Verbal contracts up to $500 are valid, and for any amount where they 
 can be established by more than one witness or by one witness and corrobora- 
 tory circumstances. 
 
 Actions. — Are commenced by petition, which must contain the name, sur- 
 name and place of residence of plaintiff and defendant, a statement of the 
 cause of action and prayer that the defendant be cited and for judgment. 
 This petition must be signed by plaintifl" or his attorney. The defendant, if 
 living within ten miles of the court house, must file his answer thereto 
 within ten days. If defendant fails to answer within ten days, a judgment 
 by default may be entered against him, and if this judgment is not set aside 
 and answer filed within two days, the judgment may be confirmed. 
 
 Administration. — The laws of Louisiana offer some peculiarities under 
 this liead. Where all the heirs are of age they can unqualifiedly accept the 
 estate (called a succession) and become at once the owners of it. The act 
 of acceptance of the succession binds the heirs personally p?'(? ratOy for the 
 debts, and it defeats the expense of administrators. In other cases the estate 
 is administered by administrators, executors and curators of vacant succes- 
 sions in nearly tlic same manner as in the other states. No particular form 
 is required in stating accounts against deceased persons, as the creditors 
 may, by ten days' publication in a newspaper, be barred from sharing in the 
 sums proposed by those administering the estates to be distributed; it is not 
 safe for creditors to be unrepresented here. The provisions of the law on 
 the subject of estates are voluminous and a treatise would be required for 
 their full explanation. 
 
 ILa. 1.]
 
 LOUISIANA. 345 
 
 Affidavits. — No particular form required. Claims forwarded for collec- 
 tion neetl not We sworn to, as all proof must be contradictorily rendered. 
 
 Aliens. — Have the same rights as citizens in regard to property. 
 
 Appeals. — Lie from justices of the peace and city courts for amounts ex- 
 ceeding $25. From the district court to the court of appeals from over $100 
 up to $2,000, and for all sums exceeding $2,000, exclusive of interest, to the 
 supreme court. The couil has appellate jurisdiction of cases for divorce, 
 and where the legality or constitutionality of taxes, etc., shall be in contes- 
 tation without reference to the amount, also from the criminal courts when- 
 ever punishment of death or imprisonment at hard labor may be inflicted or 
 a fine exceeding $300 is actually imposed. Appeals may be taken with a 
 supersedeas (called a suspensive appeal) within ten days after the signing of 
 the judgment by the judge, or within one year thereafter without superse- 
 deas (called a devolutive appeal) to the appropriate court. Appeals from 
 <lecrees in divorce cases must be brought wilhin thirty days after the judg- 
 ment is signed. 
 
 Arrest. — As a mesne process may be issued upon the creditors giving 
 bond. Making the affidavit required by law only secures the person of the 
 debtor to answer to the suit for three months. The defendant may be dis- 
 charged by giving bond for one-fourth over and above the debt, that he will 
 not depart for three months. This writ is seldom resorted to. 
 
 Assignment. — Debtor cannot assign his property in discharge of his debts 
 otherwise than through the courts. — {See Insolvency.) 
 
 Attachment. — Writs of attachment issue upon plaintiff giving bond for 
 the amount of his claim, and making affidavit that the debtor resides out of 
 the state, or has permanently left the state, or is about peniianently to leave 
 it, or that he conceals himself in order to avoid the service of citation, or 
 that he has mortgaged, assigned or disposed of his property, rights and 
 credits, or is about to mortgage, assign or dispose of his j)roperty rights or 
 credits, or some part thereof, with intent to defraud his creditors or give an 
 unfair preference to some of them, or that the debtor has converted or is 
 about to convert his property into money, or evidences of debt, with intent to 
 place it beyond the reach of his creditors, or when the debtor is about to re- 
 move his property out of the .state before his debt becomes due. 
 
 Bills of Exchange and Promissory Notes.— The sum of dollars must 
 be in writing. Are entitled to tliree days' grace, though if the last day be a 
 dies non juridicus they shall be paid on the following day, not a leo"al 
 boliday. 
 
 Bills of Lading and Warehouse Receipts. — Wlien any person has a 
 general balance of accouiit agaiiist consignor or other per.son shippiuf aori- 
 ctultural products, for the i)viri)ose of paying same, he shall have a rifht of 
 pledge from the time the bill of lading or receipt therefor is mailed or given 
 the carrier for transmission, and the right of sale of said property shall be 
 vested in the consignee with tlie right to appropriate the proceeds of sale to 
 the amount of liis indebtedness. 
 
 Chattel Mortgages. — Not recognized by law. Pledges are the only safe 
 security for personal property rights or credits. 
 
 Claims against Decedents' Estates. — Parole evidence cannot be intro- 
 duced to prove any ackiuiwleilgnient of decedent to pay a claim in order to 
 intercept or avoid prescription. Claims must be presented t() the executor, 
 administrator or curator of an estate before .suit can be brought on the same. 
 — (.See Administration.) 
 [La. 2.]
 
 .34(j LOUISIANA. 
 
 Conditional Sales of Personal Property.— Such sales are valid. Per- 
 sonal property exempt from seizure -when sold or leased, to be paid for by in- 
 stallments (such as sewing machines), becomes an absolute sale. But the 
 vendor has a lien for balance of price. 
 
 Corporations.- — Any immber of persons exceeding six may form them- 
 selves into a corporation, with a capital of over $500 and not over $1,000,000 
 — under the general laws of the state, for literary, scientific, religious and 
 charitable purposes and works of public improvement and utility — but no 
 such corporation can carry on a banking or mercantile business. 
 
 Costs. — Defendant may demand security for costs. In the parish of 
 Orleans the costs are paid in stamps for each proceeding taken. The plain- 
 tiff", if required, must give security for costs, although the defendant must 
 advance his own costs during the progress of the case. 
 
 Courts. — {See Calendar and See Appeals.) Civil district court has origi- 
 nal jurisdiction of all suits over $100. 
 
 Court Calendar.— 
 
 UNITED STATES CIRCUIT COURT. 
 
 Associate Justice Supreme Court, (vacant) ; Circuit Judge, Don A. Pardee, of New 
 Orleans; CTerA-, E. R. Hunt, New Orleans. 
 
 Terms, Eastern District— At New Orleans 1st Monday in November and 4th Mon- 
 day in April. Western District.— At same time and place as District Court. 
 
 UNITED STATES DISTRICT COURTS. 
 
 Eastern District. — Judge, Edward C. Billings, New Orleans; Attorney, Charles 
 Partang-o, New Orleans; Clerk, John Devonshire, New Orleans; Marshal, R. B. 
 Pleasants, New Orleans. 
 
 Terms. — At New Orleans 3d Monday in November, February and May. 
 
 Western District. — Judc/e, A\eck Boarman, Shreveporl; Attorney, M. C. Elstnor, 
 Shreveport; CVct-A;, John W. Wheaton, Shreveport; Marshal, A.C.Gibson, Shrcvo- 
 port; Deputy Clerks, J. B. Beattie, Monroe; J.J.Wells, Alexandria; William l<\ 
 Anderson, Opelousas. 
 
 'Terms.— At Opelousas 1st Monday of .lanuary and June ; at Alexandria 4th Mon- 
 day of January and June; at Sln-eveport od Monday of P'ebruary and July; at 
 Monroe 1st Monday of April and October. 
 
 STATE COURTS. 
 
 SIJPREMK COURT OF I^OUISIANA. 
 
 Chief Justice, YAwawl Berniudez;; Associate Justices, Felix P. Poclie, Robert B. 
 Todd, Charles E. Fenner, Lynn Boyd Watkins ; Clerks, George W. Dupre, New 
 Orleans; Robert J. Wilson, Monroe; L. Sumpter Taylor, Opelousas; Peter J. Treze- 
 vant, Shreveport; Attorney General, M. J. Cunningham, New Orleans. 
 
 7V'?-m.s.— At New Orleans 1st Monday in November to end of May ; sit Monroe Isf 
 Monday in Juno. Appeals for Winn, Claiborno, T^^nion, I;incoln, .Tackson, Ouachita 
 and Franklin Parishes returnable 2d INIonday of June. At Opelousas 1st Monday in 
 July ; at Slireveport 2d Monday in October. 
 
 CIRCUIT COURTS OF APPEALS. 
 
 First Circuit. Second. Tliird. Fourth. Fifth. Tcrmjt. 
 
 Caddo.. . .Ouachita E. Baton Rouge IstMon. Jan., Juno. 
 
 Bossier ;W Mon. Jan., June. 
 
 Ttichland W.Baton Rouge 4thMon. Jan , June. 
 
 Webster . . Franldin 1st Mon. Fol)., July. 
 
 Bienville. .. (Jataboula Tangipahoa . 2d Mon. Peb., July, 
 
 Claiborne 3d Mon. Feb., July. 
 
 (Joncordia 4th Mon. Feb., Juh-. 
 
 Union St. Charles . . . 1st Mon. Mar., Oct. 
 
 fjincoln.. .Tensas St. Helena . . .St. Bernard.. . 2rt Mon. Mar., Oct. 
 
 .lack.son Plaquemines. . 8d Mon. Mar., Oct. 
 
 Caldwell. .Madison E.Feliciana. . .St.JohnBaptist.4(h Mon. Mar., Oct. 
 
 Winn St. .Tames 1st Mon. Apr., Nov. 
 
 NachitochesF. Carroll W. Feliciana.. . Ascension . . .2d Mon. Apr., N<w. 
 
 Sabine . . .W.Carroll Point Coupee. . JetTerson 4th Mon. Apr., Nov. 
 
 De Soto.. . . Morehou.se IstMon. May, Dec. 
 
 [La. 3.]
 
 LOULSIANA. 
 
 347 
 
 J!%ri!( Circuit. Scconil. Third. Fourth. Fi/th, Terms. 
 
 Iberville 2d Mon. ISIaj-, Dec. 
 
 Eed River "icl Mon. May, iJec 
 
 St. Lfindry 1st Tues. Jan. .June. 
 
 Avoyelles 3d Tues. Jan., June. 
 
 Rapides 1st Tues. Feb., July. 
 
 Cameron 3d Tues. Feb., July. 
 
 Calcasieu 1st Tues. Marcli, 2d 
 
 Tues. Oct. 
 
 Vermilion 3d Tues. Mai-ch, Uli 
 
 Tues. Oct. 
 
 Lafayette 41 h Tues. March, 1st 
 
 Tues. Nov. 
 
 Iberia 2d Tues. Apr., Nov. 
 
 St. Martin • . . 4th Tues. Apr., Nov. 
 
 Grant 1st Tues. May, Pec. 
 
 Vernon od Tues. May, Dec. 
 
 Livingston 1st Mon. Feb., -lilt 
 
 Mon. May. 
 
 St. Tammany 4th Mon. Feb., 1st 
 
 Mon. July. 
 
 Washington 1st Mon. Mar., Oct. 
 
 St. Mary .... 1st Mon. .Tan., Ma.v. 
 Terrebonne. . . 3d Mon. Jan., May. 
 Assumption . . 1st Mon. Feb. .June. 
 Lafourche . . . 3d Mon. F^eb., June. 
 
 District Courts out of New Orleans can change their terms by rule and thirty 
 days' notice. 
 
 DISTRICT COUHT.S. 
 
 Parish. 
 Acadia . . . , 
 
 Pari.th Seal. 
 
 jy. . Jury Ter7ns for civil 
 ■ and criminal bnsine.s.i. 
 
 Rayne 13 
 
 Asension 
 
 Assumption . , 
 
 Avoyelles . . . 
 
 Baton Rouge, E 
 
 Baton Rouge, W, 
 Bienville .... 
 
 Bossier 
 Caddo , 
 
 , Donaldsonville. . 
 Napoleonville . . 
 
 Marksville 
 
 Baton Rouge.. . . 
 
 .Port Allen .... 
 . Sparta 
 
 . Bellevue 
 
 . Shreveport 
 
 Cameron. . 
 Calcasieu.. 
 
 Leesburg ... 
 Lake Charles.. 
 
 4th Mon. April, 1st 
 Mon. December. . . 
 
 1st Mon. .Jan., May. . 
 1st Mon. March, Nov., 
 
 3d Mon. September. 
 4th Mon. May, 1st 
 
 Mon. December . . 
 3d Mon. March, 1st 
 
 Mon. Sept., Dec . . 
 
 1st Mon. March, Sept. 
 1st Mon. March, od 
 
 Mon. July 
 
 1st Mon. January, 2d 
 
 Mon. August. . . . 
 3d Mon. Jan.", April, 
 
 1st Mon. Sept. . . . 
 
 .■?d Mon. July 
 
 4th Mon. April, Nov.. 
 
 Caldwell Columbia 4 1st Mon. Jan., July. 
 
 Carroll, E. 
 Carroll, W 
 (Jatahoula . 
 Claiborne. 
 
 Concordia . . 
 De Soto.. . . 
 Feliciana, E . 
 
 Feliciana, \V. 
 Franklin. . . . 
 (irant 
 
 liake Providence. 
 
 Floyd 
 
 Harrisonburg . . 
 Homer 
 
 Vidalia 
 
 , Mansfield .... 
 Clinton 
 
 St. Francisville. 
 
 , Winnsboro . . . 
 
 Colfax 
 
 Iberville Plaquemine . 
 
 Iberia. . . 
 Jackson. . 
 JeQerson 
 
 New Iberia. 
 Vernon . . . 
 Gretna . . . 
 
 La Fayette . 
 iLa. 4.] 
 
 La Fayette.. 
 
 8 1st Mon. Julv. Dec. . 
 
 27 1st Mon. Aug., Jan. . 
 
 7 2d Mon. March, Oct. 
 
 3 2d Mon. Jan., Aug. . 
 
 n 1st Alon. April, Oct. . 
 
 10 1st Mon. Feb., Aug. . 
 
 IB 4th Mon. Feb., 2(1 
 
 Mon. Sept 
 
 ]•> 1st Mon. Oct., .March. 
 7 2d Mon. Feb., Sept. . 
 12 1st Tues. May, 3d 
 
 Tues. Nov 
 
 23 1st Mon. Jan , June, 
 
 October 
 
 21 1st Mon. Jan., Mav. . 
 
 4 1st Mon. Feb.. .Vusr. . 
 2() 1st .Mon. April, 4th 
 
 Mon. Nov 
 
 2.5 1st Mon. March, Oct. . 
 
 OiihI Terms 
 nHihout a jury. 
 
 3d Mon. Feb., 2d Mon> 
 
 September. 
 1st Mon. March, Nov. 
 
 1st Mon. May, June. 
 
 1st Mon. March, 4tli. 
 
 Mon. September. 
 1st Mon. Feb., May, 
 
 3d Mon. October. 
 1st Mon. May, Nov. 
 
 2d :Mon. May, Dec. 
 
 1st Mon. June, 4th 
 
 Mon. Octobei-, 
 1st Mon. March, Nov., 
 
 3d Mon. June. 
 1st Mon. December. 
 2d Mon. February, 4th 
 
 Mon. August. ' 
 2d Mon. April, 4tlL 
 
 ;\[on. September. 
 2d Mon. jNIarch. Oct. 
 1st Mon. Marcli, Oct. 
 2(1 Mon. Jan., Nov. 
 3d Mon. March, 2(1 
 
 Mon. October. 
 1st Mon. June, Ihx'.. 
 1st Mon. April, 2d 
 
 Mon. Dec. 
 1st Mon. .Tune, 3(L 
 
 Mon. November. 
 1st Mon. Dec, March. 
 2d Mon. May, Dec. 
 
 4th Tues. Jan., 1st 
 
 Tues. S(^iiteinbcr. 
 1st Mon. April, Xwx. 
 1st Mon. Nov., Mar. 
 1st Mon. May, Nov. 
 
 1st Mon. July, 2(1 
 
 Mon .January. 
 2d Mon May, Dec.
 
 348 
 
 LOUISIANA. 
 
 Parish. Parish Scat. 
 
 jLa Fourche. . . . Thibodeaux . . 
 
 Xincoln Ruston 
 
 X.iving8tone . . . Centrevllle.. . . 
 
 Madison Tallulah 
 
 Morehouse Bastrop . 
 
 Nachitoches . . . Nachitoches . . . 
 'Ouchita Monroe 
 
 Plaquemines . . . Point a la Hache. 
 
 Point Coupee . . New Roads. . . . 
 Kapides Alexandria . . . 
 
 Red River .... Cousiiatta . . . 
 Richland Rayville .... 
 
 f*abine Many 
 
 St. Bernard. . . . St. Bernard. . . 
 St. Charles St. Charles C. H 
 
 St. Helena .... Greensburg . . 
 
 ■St. James Convent .... 
 
 St. John Baptist. .Edgar 
 
 St. Landry Opelou.sas. . . . , 
 
 St. Martin .... St. Martinsville 
 St. Mary Franklin. . . . . 
 
 .St. Tammany . . Covington . . . 
 
 'Tangipahoa . . . Amite City.. . . 
 
 'Tensas St. Joseph . . . 
 
 Terrebonne.. . . Houma 
 
 Union Farmersville.. . 
 
 Vermillion Abbeville. . . . 
 
 Vernon Leesville .... 
 
 AVashinglon. . . . Franklinton. . . 
 
 "Webster Minden 
 
 '^Vinn Winfield .... 
 
 j^. . Jury Terms for civil Oivil Termif 
 
 and criminal business. wilhout a jury. 
 
 20 1st Mon. April, Oct., 
 
 December 1st Mon. May, Feb. 
 
 3 4th Mon. Feb., 3d 
 
 Mon. September. . 1st Mon. May, 4th 
 
 18 2d Mon. April, 1st Mon. November. 
 
 Mon. November.. . 2d Mon. March, Oct. 
 
 8 1st Mon. Jan,, June . 1st Mou. April, Nov. 
 6 2d Mon. Jan., May, 
 
 September 2d Mon. March, Nov., 
 
 1st Mon. July. 
 
 11 1st Mon. June, Dec. . 1st Mon. March, Oct. 
 5 4th Mon. Jan., April, 
 
 8d Mon. Oct 2d Mon. March, 1st 
 
 24 2d Mon. April, 1st Mon. Sept., Dec. 
 
 Mon. October., . . 1st Mon. July, Dec. 
 
 ].') 1st Mon. Jan., Sept. . 1st Mon. April, Nov. 
 
 12 1st Mon. April, 3d 
 
 Mon. October. . . . IstMon. Jan.,3dMon. 
 June. 
 
 10 1st Mon. .Ian., July. . 1st Mon. March, Nov. 
 27 1st Mon. Sept., Feb . 3dMon.Nov.,lstMon. 
 
 April. 
 
 11 3d Mon. .Ian., July. . 1st Mon. May, Nov. 
 
 24 IstMon. March, Sept. 1st Mon. June, 3d 
 2G 1st Mon. May, 2d Mon. November. 
 
 Mon. Oct 1st Mon. Feb., 4th 
 
 16 1st Mon. April, 3d Mon. July. 
 
 Mon. Oct 3d Mon. Ja'nuary, 1st 
 
 Mon. June. 
 
 22 1st Mon. Feb., June . 1st Mon. April, Dec. 
 
 2(i IstMon. June, Nov. 1st Mon. March, 3d 
 
 13 4tli Mon. March, 3d Mon. August. 
 
 Mon. Oct., Dee ... 2d Mon; Ja'nuary, 5th 
 Mon. May. 
 
 21 1st Mon. Oct., Feb. . . 1st Mon. Dec, April. 
 I'J 1st Mon. Jan., April, 
 
 .lune, October . . . 1st MOn. February. 
 18 4th Mon. March, 3d 
 
 Mon. October. . . . 1st Mon. March, 3d 
 
 18 2d Mon.Jan., IstMon. Mon. June. 
 
 .lune 4th Mon. April, Nov. 
 
 9 IstMon. May, Nov . 1st Mon. Jan., July. 
 
 19 1st Mon. March, May, 
 
 November 1st Mon. July. 
 
 3 1st Mon. February, 3d 
 
 Mon. July 2d Mon. April, 1st 
 
 25 2dMon. ,Ian.,l.stMon. Mon. November. 
 
 September 1st Tues. April, 1st 
 
 Tues. November. 
 
 14 1st Mon. April, Aug. . 4th Mon. May, 1st 
 
 Mon. November. 
 18 4th Mon. .Ian., June. . 2d Mon May, 1st Mon. 
 
 December. 
 2 3d Mon. April, Nov . 2d Mon. Feb., 4tlj 
 
 Mon. June. 
 
 4 1st Mon. June, Dec. . IstMon. March, Sept. 
 
 fOURT OF APPEALS FOR THE PARISH OF ORLEANS. 
 
 ■Judges, Frank McGloin and Henry B. Kelly. 
 Term. — From 1st Monday in November to last Monday in June 
 
 CIVIL DISTRICT COURTS FOR THE PARISH OF ORLEANS. 
 
 Term. — From 1st Monday in November to July 3d. During vacation rules and 
 ■motions are tried on the 1st Tuesdays of August, September and October, and pro- 
 bate and other matters are entitled to trial during first weeks of same months. 
 
 City Courts and Recorder's or Police Courts for the Parish of Orleans always open. 
 
 Curtesy. — Not recognizod here ■where the civil law prevails, when the wife 
 ♦lies rich, leavinrv the husband in necessitous circumstances or vice versa, the 
 survivor takes one-fourth of the estate of the deceased in full ownership. 
 
 Deeds. — Any deed maybe acknowledged before a Louisiana commissioner, 
 jcsideut abroad, whose certificate will admit same to registration here. 
 
 [La. 5.J
 
 LOUISIANA. 84* 
 
 Certified copies of acts passed before notaries public are admitted to registry 
 without further proof. A private act may be admitted to registry by being 
 acknowledged before a notary public, or by being proved by the oath of ono 
 of the subscribing witnesses, a seal adds no force to the act. Sale of real 
 estate may be by such private signature. 
 
 Form of Deed. 
 
 ■WITH OR WITHOUT MORTGAGE, RENUNCIATION OF WIFE's CLAIMS, ETC. 
 
 State of Louisiana, } 
 Parish of . ^ ' 
 
 Be it known, That on the day of the date hereof, and iii presence of tlie- 
 
 witness hereinafter named and undersigned, before me , a notary public 
 
 in and for said parish of , state of Louisiana, aforesaid, duly commis- 
 sioned and sworn, personally came and appeared , resident of the parish 
 
 (or county) of , state of , who declared that, for the consideration, 
 
 and upon the terms and consideration hereinafter expressed, he hath bar- 
 gained and sold, and doth, by these presents, grant, bargain, sell, convey, 
 assign and set over, with all legal warranties, unto and in favor of , re- 
 sident in the parish (or county) of , state of , here present (or, if 
 
 represented by power of attorney, so state, ) purchasing and accepting and 
 acknowledging due possession thereof the following described real estate, to- 
 wit : A certain tract or parcel of land, situated : 
 
 (Describe property in full.) 
 
 To have and to hold the property thus described and conveyed unto the said 
 purchaser, his heirs and assigns, forever warranted and defended against the 
 lawful claims and demands of every person whomsoever and against all in- 
 cumbrances. 
 
 This sale and conveyance is made and accepted for and in consideration of 
 
 the sum and price of $ (if the sale is for cash in the whole, say), pash in 
 
 hand, paid by said purchaser to said vendor, who hereby acknowledges due 
 receipt thereof. 
 
 (If the sale be on time, with mortgage and vendor's lien, say, jiaid and tO' 
 
 be paid as follows, to-wit ; $ cash, the receipt whereof is acknowledged, 
 
 and the balance in and years from the date hereof. For the unpaid 
 
 portion of which purchase price said purchaser has made and executed his- 
 promissory notes of even date herewith, drawn to ^he order of said ven- 
 dor (or it may be drawn to his own order and by him indorsed), each for the 
 
 sum of $ , and due respectively in and years from the date hereof, 
 
 and bearing eight per cent, per amium interest from date (or maturity) until 
 
 paid, which notes, having paraphed the same "iVe Varietur,^'' in order 
 
 to identify the same, herewith I have delivered unto said vendor, who hereby 
 acknowledges due receipt thereof. 
 
 And now, in order to secure the final and punctual payment of said notes, 
 in principal and interest, and of attorney's fees in case of suit to enforce the 
 payment of any portion thereof, which fees are hereby fixed at five per cent, 
 on any amount so in suit, , the said vendor retains and the said pur- 
 chaser grants on the property hereinbefore conveyed a sjjecial mortgage, with 
 vendor's lien in favor of said vendor or of any future holder of said notes 
 or of either of them, to the extent of any unijaid portion of said price, in- 
 terest, costs and fees as aforesaid. The said property so to remain mortga- 
 ged and hypothecated until the full and final j)aymcnt of said indebtedness. 
 
 (A clause may here be inserted i)roviding that tlie purchaser shall keep 
 said property insured for benefit of vendor.) 
 
 By the certificate of the state, parish and city tax collectors, hereunto 
 annexed, it ajipears that all the taxes due to date on said property have been 
 paid. 
 
 By the certificate of the record of mortgages, it appears that there are no 
 mortgages of record bearing upon said j^roperty.. 
 [La. 6.]
 
 350 LOUISIANA. 
 
 (The foregoing clause can be waived by consent of parties, in which case 
 the waiver should be inserted.) 
 
 The foregoing act was then read to said parties and by them approved. 
 
 Thus done and passed at my office in the city (or parish) of , state of 
 
 Louisiana, in the presence of Messrs. and , competent witnesses, 
 
 who sign as such with said parties, and we, the said notary, on this, the 
 
 <lay of , in the year of our Lord one thousand eight hvmdred and 
 
 •eighty . 
 
 (First witness.) ( Vendor's signature.) 
 
 (Second witness.) (Purchaser' s signature.) 
 
 [sEAi^J * (Notary' s signature.) 
 
 (No seal or scroll of private individuals is required.) 
 
 Descent and Distribution of Estates. — There is no distinction between 
 Teal estate and personalty as to inheritance and distribution. Children (male 
 and female) and in the event of their death, grandchildren and other descend- 
 ants, by representation are forced heirs, and cannot be disinherited by will of 
 certain poi'tions of the estate of deceased, according to their number. The 
 .same rule applies to parents, where a child dies without descendants to grand 
 parents or other descendants. If a man dies leaving one child, he cannot 
 give away, by deed or will, more than two-thirds of his estate ; where he 
 leaves two children he cannot donate more than one-half of his estate, and 
 Avhere he leaves three or more children he cannot donate more than one-third 
 of his estate. In the case of the decease of the heir, where that heir is a 
 child or brother, the children stand in his place by representation. 
 
 Depositions. — Should be executed by a Louisiana commissioner or some 
 other officer authorized to administer oaths. The commission may be ad- 
 dressed to some person by name, in which event, he becomes an officer of the 
 •court which recognizes his signature. Otherwise, the authority of the person 
 taking same should be authenticated by a certificate from the governor of 
 the state where the officer acts, stating that at the time of the taking of the 
 ■<leposition he held such and svich office and was duly authorized. 
 
 Instructions aiid Forms for taking Depositions. 
 
 CAPTION. 
 
 Depositions of witnesses, produced, sworn and examined on the days here- 
 inafter mentioned, at (name the office and place), under and by virtue of the 
 
 annexed commission, issued out of the honorable the court, in and for 
 
 -, to take depositions in a certain cause pending and at issue in said court 
 
 between , plaintiff, and , defendant, and numbered on the docket 
 
 of said honorable court. 
 
 , residing in , being first duly sworn on the Holy Bible (or Holy 
 
 Evangelists ; or, if the witness affirms, let it be so stated), on this, the 
 
 <lay of , 18 — , doth depose and say as follows, to-wit : 
 
 i. To the first interrogatory he said : (Give the answer of witness as dic- 
 tated by him to each direct and cross-interrogatory). Let the answer be 
 written down by the officer in presence of the witness, or by the witness him- 
 self, on sheets fastened at the upper ends, and conclude with the signature of 
 the witness and the Jurat of the officer. Should the answers of the witness 
 be committed to writing by a clerk, mention should be made thereof. Let 
 the depositions conclude with the following : 
 
 CERTIFICATE. 
 
 I, , the undersigned (give capacity of officer), do hereby certify that I 
 
 caused (insert the names of all the witnesses), witnesses hereinbefore named 
 and examined, to appear before me at the times and places above designated, 
 and after publicly and solemnly swearing (or affirming), each separately, to 
 1<j11 the truth, the whole truth and nothing but the truth, in answer to the 
 
 (La. 7.)
 
 LOUISIANA. :{51 
 
 uiiiicxed direct and cross-interrogatories, I then and llicre proceeded to ex- 
 amine each witness separately, by propounding to liim the said direct and 
 cross-interrogatories, and reducing in my presence and in the presence of the 
 witness his answers tliereto in writing witli my own hand, (if such is the case ; 
 if not, state facts fully), and then caused eacli witness to sign his deposition 
 in my presence, as already stated. 
 
 In witnesx irhereof, I liave hcreuntt) sot mv hand aixl si^al (if he has one) 
 
 on this, the day of , A. D.. 18—. 
 
 [sKAL.] {Signature of/>JJicer, to Ult quality.) 
 
 The officer m\ist then seal the package, indorse the fact with the title, 
 number and court upon it, and mail it to the clerk of the court from which 
 the commission issued. 
 
 Divorce. — Judgment of divorce will be granted where a separation from 
 bed and board (a, menso et thoro) lias been rendered and proof is made that a 
 year has elapsed anil no reconciliation has taken i)lace. A separation from 
 bed and board may be claimed on account of habitual intemperance, excess, 
 cruel treatment or outrages of one spouse toward another, if of such a nature, 
 as to render their living together insupportable or on account of public 
 defamation, abandonment, attempts against the life of one by the other. A 
 divorce will be granted without previous separation from bed and board 
 where either spouse has been guilty of adultery or sentenced to au infamous 
 l)unishment. 
 
 Dower. — {See Married Wumen.) 
 
 Evidence. — Any party may testify in a cause, except a husband or wife 
 for or against each other. Contracts and agreements above $500 in value 
 must be proved by at least one credible witness, and other corroborative cir- 
 cumstances. Parole evidence cannot be admitted to prove sale of real estate, 
 but where possession is given, a party may be interrogated under oath, as to 
 the fact of the sale, and on such confession the sale is enforced. Parole evi- 
 dence will not be admitted to prove a promise to pay a judgment to take 
 same out of the statute of limitation ; to prove a promise to pay a debt of 
 a party deceased in order to revive it after the statute of limitations has run ; 
 to prove a promise to pay the debt of a third person ; to prove a promise 
 to pay a debt evidenced by writing, after prescription (the statute of limita- 
 tion) has run. 
 
 Executions. — Ten days after the judgment is signed, upon written appli- 
 cation of the attorney, execution may issue. Ten days' advertisement is re- 
 (luired before personal property, which must bring two-thirds of its appraised 
 value, can be sold for cash. In default of bringing two-thirds of the 
 appraised value, the property must be re-adverti.sed and sold on twelve 
 months' bond for what it will bring. At tlie expiration of twelve months an 
 execution can issue on the bond and against the purchaser. Other writs 
 issue as is common in the other states. Writs of disfrinf/an will also issue 
 upon order of court to enforce specific judgments. 
 
 Exemptions. — Are exempt from seizure the wages of day laborers ; the 
 linen and clothes of the debtor or his wife, his bed and tho.se of his family ; 
 his arnis and military accoutrements ; the tools, instruments, books and 
 sewing machine necessaiy for the exercise of his or her calling, trade or pro- 
 fession, by which he or slio makes a living ; rights of personal servitude, of 
 Ti.se and habitation ; of usufruct to the estate of a minor child ; the income 
 of dotal property ; mon<^y due for the .salary of an officer; cooking .stoves 
 and utensils, i)lates, knives, forks, s])o(<ns, dining table and chairs, wash 
 tubs, smoothing irons and iron furnaces, family portraits, musical instru- 
 ments i>layed on or practiced on by any member of the family.
 
 352 LOUISIANA. 
 
 There is also tlie homestead law which exempts from seizure IGO acres of 
 land and home, provided the whole does not exceed in value $2,000. The 
 constitution of 1879 requires the recordation of the homestead but this and 
 other provisions of the homestead law will be better understood by special 
 reference thereto. 
 
 Factors. — The obligations and duties of this class of agents are governed 
 mainly by the commercial law common to all the states. 
 
 Fraud, Statutes of.— (-^e Evidence.) 
 
 Garnishiuent. — May be made under a writ of attachment or fieri facias. 
 The interrogatories propounded to the garnishee, if not answered within the 
 judicial delay, are taken for confessed. Salaries not of day laborers, may be 
 garnished. 
 
 Grace. — (See Bills of Exchange and Promissory Notes.) 
 Homestead. — (See Exemptions.) 
 
 Insolvent Laws. — A debtor may surrender in court all his assets. If a 
 majority of his creditors in number and amount agree thereto, the debtor ob- 
 tains a discharge. A surrender of property by a debtor suspends all actions 
 and sets aside attachments. A meeting of the creditors is called and a syndic 
 elected to administer the insolvent's estate. A surrender may be forced as 
 well as voluntary. A creditor who issues execution and has his writ re- 
 turned, no property found, may upon petition, compel the debtor to file a list 
 of his creditors, etc. A debtor cannot take advantage of our insolvent laws 
 if he has been guilty of fraud. 
 
 Respite. — A debtor may ask a respite of his creditors upon filing a sworn 
 statement of his assets and liabilities, whereupon the court orders a stay of 
 proceedings against him and calls a meeting of his creditors to decide 
 whether the delays prayed for shall be granted. The vote of the majority 
 of creditors in number and amount must be procured by the debtor or ipso 
 facto, he becomes insolvent and his estate is administered accordingly. 
 
 A citizen of another state having a claim over $2,000, may disregard an 
 insolvency or respite proceeding and proceed to judgment in the United 
 States circuit court, and in case of respite may issue execution upon the deb- 
 tor's property, which is not regarded as in the possession of state court. 
 
 Interest. — When fixed by the parties cannot exceed 8 per cent., but legal 
 interest is 5 per cent., and is allowed on all sums which are the object of a 
 judicial demand. If a higher rate than 8 per cent, has been paid, the debtor 
 has one year to sue for return of same. Interest to any amount may be in- 
 cluded in the face of negotiable instruments. 
 
 Judgments. — When recorded operate as a judicial mortgage. Must be 
 revived every ten years. 
 
 Justice of the Peace and City Courts. — Have original jurisdiction of 
 sums under $100, exclusive of interest. Appeals lie to the district courts 
 for amounts over $25, exclusive of interest. 
 
 Landlord and Tenant.— (-See Lease.) 
 
 Lease. — Leases may be written or verbal. Right to sub-lease is implied 
 where not expressly denied. If no time for its duration has been agreed 
 on, the party desiring to put an end to it must give notice in writing to the 
 other at least fifteen days before the expiration of the month which has 
 begun to run. 
 
 [La. 9.]
 
 LOUISIANA. 353 
 
 License. — All traveling agents, offering any species ot nicrchaiulise in this 
 state for sale, by sample or otherwise, shall pay a license of $50 if represent- 
 ing one house, and of $75 if representing two houses. (But the foregoing 
 law is unconstitutional under a recent decision of the United States supreme 
 court. Kobbius vs. Shelby, taxing district, 120 U. S. 497.) 
 
 Liens. — Liens or privileges against real estate mvist be recorded to affect 
 third persons. Among other privileges allowed by law, the vendor, where 
 sale is made in Louisiana by agent or otherwise, has a privilege on the 
 property sold for the payment of the price; the lessor has a ijrivilege for the 
 payment of his lease, a moi'chant for the necessary supplies furnished or 
 money actually advanced and used for carrying on a farm or plantation on 
 the crops of the year and proceeds thereof. Many other liens are given but 
 their enumeration would be useless in this work. — (See Mechanics'' lAens.) 
 
 Limitation of Actions or Suits. — Suits on open accounts must be 
 brought within three years from sale. Suits on promissory notes or bills 
 of exchange are prescribed in five years. Stated or acknowledged accounts, 
 personal actions in general, judgments and mortgages are jirchcribcd in ten 
 years. 
 
 Limited Partnerships. — Partnerships in commendam exist here, by which 
 one person furnishes another, or a partnership, a certain amount of money 
 or property on condition of receiving a share of the profits and being liable 
 to losses in such sum and no more. 
 
 Married Women. — Dower of the common law is not known in Louisiana. 
 The word has another meaning in the civil law. 
 
 A marriage in Louisiana without any restriction by a marriage contract 
 (and it is the same when property is acquired by married persons from other 
 states) entitles the wife to one-half of all the property acquired during the 
 marriage, the payment of the debts being deducted. The w ife can renounce 
 this right and claim from the community and the husband's estate, a return 
 of any effects of hers used by the husband during the marriage. If the 
 husband's aftairs become embarrassed she can sue the husband and recover 
 from him all moneys and judgment for all other effects used by the husband 
 and enforce the same by execution. 
 
 The wife remains the owner of all property which she possesses at the time 
 of the marriage, or which may be inherited by or given to her afterwards. 
 She has a mortgage, if she records it, on the real estate to secure her. The 
 husband can sell the community even where the property was bought in the 
 wife's name, it having been jiaid for, without specifying that it was her 
 money. 
 
 Mechanics' Liens — Mechanics, artisans, contractors, masons, etc., have a 
 privilege on the building or construction upon which they have labored or 
 furnished supplies. 
 
 Minors. — Over 18 years of age may receive the rcrnia aetatis or full 
 emanci})ation, upon ai)plying to the courts and showing reason therefor. 
 Minors are emancipated by marriage, but not without authority to alienate ; 
 21 years is the age of majority for both sexes. A minor over 15, with the 
 consent of his tutor, may be emancipated so as to administer his estate. 
 
 Mortgages of Real Estate. — Where the mortgage act ini])orts a confes- 
 sion of judgment, tliat is where it is executed before a notary and two wit- 
 nesses and it states the indebtedness of the creditor, by ai)plying to the 
 judge can proceed at once to cause the sheriff to seize and sell the property. 
 [La. 10.]
 
 354 LOUISIANA. 
 
 An act of mortgage, under private signature, can only be enforced by regular 
 suit, with ten days' service of prc>cess. Where a judgment is recorded, it acts 
 as a mortgage against the party cost. 
 
 Notes and Bills of Exchange.— (-^Vf Promissory Notes.) 
 
 Oaths and AfSidiS^Yits.— {See Affidavits.) 
 
 Partnerships. — ('ommercial partnerships are controlled by the general 
 rules of coninion law liability. 
 
 Promissory Notes. — {See Bills of E.rchange and Promissory Notes.) 
 
 Practice. — Our practice is by code. 
 
 Proof of Claims. — It is useless to annex affidavit to claims sent for col- 
 lection in ordinary cases, and such affidavit, not being taken contradictorily, 
 is inadmissible in evidence. 
 
 Recording. — As a rule all rights against real estate must be recorded to 
 afiect third persons. 
 
 Redemption. — Property sold for taxes is redeemable within one year upon 
 reimbursement of the amount paid by the purchaser at tax sale, with 20 per 
 cent, and costs. There is no redemption of property sold under execution. 
 
 Replevin. — The writ of sequestration, by which real and personal effects 
 are taken into the custody of the law, answers the purpose of a writ of re- 
 plevin as to personalty. The writ issues not only to secure the property to 
 the owner, but to secure it to answer for privileges (liens where property is 
 left with the debtor) claimed by creditors where the nature of the debt con- 
 fers that privilege. 
 
 Revenue. — For our laws of taxation refer to acts of the general assembly 
 of 1886, 98 and 101. 
 
 Revision. — Our general statutes and codes were revised and re-enacted in 
 1869 and 1870. There is a commission for a further revision. 
 
 Revivor. — {See Judgments.) 
 
 Seals. — To contracts, deeds, etc., are not in use. 
 
 Security for Costs.— (''^ff Costs.) 
 
 Stay of Execution. — There is no stay of execution in this state, except 
 where, at the first sale on execution, the property does not bring the two- 
 thirds of the appraisement. In that case it is re-advertised to be sold on a 
 twelve months' credit. The debtor may bid at this sale, and if he buys, it is 
 a virtual stay of execution. 
 
 Supplementary Proceedings. — Amendments are allowed when^ the issue 
 is not changed at anytime before trial, and at the discretion of the court dur- 
 ing trial. 
 
 Taxes.— See act of Louisiana, OS and 101 of 188G. 
 
 [La. 11.]
 
 LOUISIANA. 355 
 
 Trust Deeds.— Arc not in use. Trusts are forbidden by our law. A 
 notarial act of mortgage, with an agreement not to alienate to the ijrejiulice 
 of the mortgagee, enables tiie holder to take out the eiiuivalent of an execu- 
 tion (executory process) and to proceed to sell at once. It is quite as secure 
 as a trust deed. 
 
 Wills. — {See Claims against Decedents' Estates.) — An olographic will is 
 one of the simplest forms in which a will may be made here. This will 
 must be written, dated and signed by the testator. Sueh a will is good and 
 <,'llect will be given to it so far as not in violation of a jjrohibitory law. The 
 other forms of wills are not contemplated in a digest of this nature. For 
 the probate of foreign wills, see administration. 
 
 ILa. 12.1
 
 356 
 
 LOUISIANA. 
 
 ATTORNEYS IN LOUISIANA. 
 
 Bo!d Face Type denotes county seats. A dash (— ) less than 100 population. 
 PMgures after names, when admitted to the Bar. A star (*) Notaries Public. 
 A double dagger (j) our Compiler of Laws. 
 A dagger (t) former recommendation withdrawn. 
 
 PLACE. COUNTY. NAMES OF ATTORNEYS. POPULA'n 
 
 Abbeville Vermillion W. "VV. Edwards. 600- 
 
 Alexandria. Rapides County. Population, 1,800. 
 
 HENRY L. DAIGRE, Real Estate Broker, will effect mort- 
 gage on real estate safely with 8 per cent interest. 
 
 Amite City 
 
 Bastrop 
 
 Baton Rouge 
 
 Bayou Sara 
 
 BeUevue 
 
 Cameron 
 
 Clinton 
 
 Colfax 
 
 Columbia 
 
 Convent 
 
 Covington 
 
 Coushatta 
 
 Donaldsonville 
 
 Edgar 
 
 FarmersvUle 
 
 Floyd 
 
 Franklin 
 
 Franklinton 
 
 Greensburgh 
 
 Harrisonburgli 
 
 Horner 
 
 Houma 
 
 La Fayette 
 
 Lake Charles 
 
 Lake Providence 
 
 Leesville 
 
 Mansfield 
 
 Many 
 
 MarksviUe 
 
 Minden 
 
 Monroe 
 
 Morgan City 
 
 Natchitoches 
 
 Napoleonville 
 
 New Iberia 
 
 Tangipaho W. B. Kemp. 1,120 
 
 Morehouse Newton & Cason. 1,100 
 
 Baton Rouge Kernan c% Laycock. 7,217 
 
 West Feliciana Thomas Butler. 710 
 
 Bossier Lowery & Vance. 300 
 
 Cameron {See Lake Charles.) lOO' 
 
 East Feliciana T. J. Kernan 1,250 
 
 Grant J. C. AVickliffe. 300 
 
 Caldwell Gilbert & Thornhill. 305 
 
 St James Sims & Pochi. CSO- 
 
 St Tammany Hon. J. M. Thompson. 750' 
 
 Red River Egan & Pierson. 680 
 
 Ascension Fredk. Duffel. 4,667 
 
 St John Baptist L. Depoorter. 420 
 
 Union James A. Ramsey. 700- 
 
 Carroll (. See Lake Providence.') 175 
 
 St Marys D. Caffrey. 1,700 
 
 Washington John Wadsworth. 200 
 
 St Helena J. A. Addison. 500 
 
 Catahoula J. F. Ellis. 350 
 
 Claiborne J. W. Holbert. 900 
 
 Terra Bonne T. Gibson. 2,000 
 
 La Fayette M. E. Girard. 3,000 
 
 Calcasieu George H. Wells & Son. 3,000 
 
 Carroll Montgomery & Ransdell. 1,200 
 
 Vernon D. E. Sorclle. 200 
 
 De Sota lion. Wm. P. Hall. 770 
 
 Sabine F. J. Smith. 150 
 
 Avoyelles Hon. Thos. Overton. 500 
 
 Webster Watkins & Watkins. 1,500 
 
 Ouachita F. Garrett. 3,000 
 
 St Mary's B. F. Winchester. 2,013 
 
 Natchitoches J. M. Tucker. 3,500 
 
 Assumption W. Guion. 800 
 
 Iberia W. B. Merchant. 4,000
 
 LOUISIANA. 
 
 357 
 
 New Orleans. 
 
 ORI.EANS County. Population, 216,140. 
 
 ARMSTROXG. WM., l:U Gravier St. 
 
 t Merrick (E. T.) & Merrick, Jr. (E. T.), 29 Carondelet St. 
 
 tSee Curd in Appendix, page x. 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. 
 
 POPULA N. 
 
 New Roads 
 
 Pointe Coupee 
 
 T. H. Hewes. 
 
 600 
 
 Opelousas 
 
 St Landry 
 
 H. L. Garland. 
 
 1,700 
 
 Plaquemine 
 
 Iberville 
 
 Clias. P. Moore. 
 
 3,000 
 
 Point a la Hache 
 
 Plaquemines 
 
 Robert Ilingle. 
 
 215 
 
 Port Allen 
 
 West Baton Rouge Farrat & Lamoii. 
 
 275 
 
 Port Vincent 
 
 Livingston 
 
 J. Q. Jinks. 
 
 208 
 
 Eayville 
 
 Richland 
 
 P. H. Foler. 
 
 275 
 
 St. Bernard 
 
 St Bernard 
 
 Beauregard & Chiapella. 
 
 210 
 
 St. Joseph 
 
 Tansas 
 
 Steele, Garrett & Dogg. 
 
 500 
 
 St. Martuiville 
 
 St Maitin 
 
 R. Marlin. 
 
 2,000 
 
 Shreveport 
 
 Caddo 
 
 Alexander & Blanchard. 
 
 11,017 
 
 Sparta 
 
 Bienville 
 
 J. T. Boone. 
 
 215 
 
 TaUulah 
 
 Madison 
 
 Farran & Jones. 
 
 150 
 
 Thibodeaux 
 
 La Fourche 
 
 O'SuUivan & Blake. 
 
 3,000 
 
 Vamon 
 
 Jackson 
 
 E. E. Kidd. 
 
 200 
 
 Vidalia 
 
 Concordia 
 
 Steele & Dagg. 
 
 750 
 
 Vienna 
 
 Lincoln 
 
 Graham & Gaskins. 
 
 36S 
 
 Winfield 
 
 Winn 
 
 H. Bernstein. 
 
 250 
 
 Winnsborough 
 
 Franklin 
 
 J. W. Mills. 
 
 800 
 
 BANKS IN LOUISIANA. 
 
 Giving the name of town, bank and ca.shier, and amount of paid-up capital of one 
 •t)ank in each county of this state in which such a banking institution is located. 
 
 PLACE. 
 
 Abbeville 
 Baton Rouge 
 ]>ake Charles 
 ^ew Orleans 
 Shreveport 
 
 NAME OF HANK. 
 
 CASUIEK. 
 
 N C Young J. J. Abadie. $ 6,000 
 
 First National Bank G. T. Webster. 100,000 
 
 J B Watkin's Banking Co A. C. Gordon. 75,000 
 
 Citizens' Bank of Louisiana -las. .1. Tarleton. 1,050,000 
 
 Commercial National Bank R. R. Deming. 100,000
 
 STATE OF 
 
 MAINK. 
 
 SUMMARY OF 
 
 COLLKCTION Law^. 
 
 CouKT Calendar, Instructions for taking Depositions, Legal Forms, Etc; 
 
 Expressly Prepared and Revised to Nov. 1st, 1887, for " Showers' 
 
 Legal Directory and Merchants' Guide." for 1888, by 
 
 Strout, Gage a Wtrout, of the Portland Bar. 
 
 Acknovrledgments.— (See Deeds.) 
 
 Actions. — Actions are commenced by blank writs of attachment, or original, 
 summons, with or witliout an order to attach, issued from the clerk's office, 
 in which declarations are inserted by attorneys, and which are made return- 
 able to the first day of a term — in the supreme judicial court, to the next 
 term ; in the superior courts, to either of the next tliree in Cumberland, and 
 of the next two in Kennebec county ; in justice court, at any time within 
 sixty days, leaving time for service. Service is made on natural persons four- 
 teen days before return day, (or seven days in justice courts), if property is 
 attached, by separate summons in hand, or loft at last and usual place of 
 abode ; if original summons and no attachment, by copy served in the same 
 way, or l)y reading ; on corporations of all kinds, served thirty days before, 
 by copy left with the president, clerk, cashier, treasurer, general agent, or- 
 director, or, if no such officer or agent is found, with any member. If a foi- 
 (ngn corporation, it may also be left with any agent, or at the office or jilace 
 of business. If a domestic corporation, and no officer, general agent, or 
 member is found in the county, it may bo filed in the registry of deeds. In 
 i-ase of counties, with county commissi(niers or their clerk ; of towns, par- 
 ishes, I'eligious societies, and school districts, with the clerk, or one of thy 
 selectmen or assessors; or, if no such officer, with any member. Where 
 l)roperty is attached, and service is not made, or is defective witliout plain- 
 tilfs fault, the court may order a new notice. If defendant is out of the 
 state, this is commonly done by i)ublication. A writ issued from the supreme 
 judicial court, in any county, may be made returnable in another. None 
 resident ])laintitts nuist furnish indorser for costs. In personal actions, writs, 
 are returnable in the county where either party resides in the state ; in local 
 actions, in tlie c(mnty where the subject-matter is situated. Jurisdiction is 
 sustained if property is attached within the state, althougli defendant is not 
 here. Cross actions against actions brouglit by non-residents, may l)e served 
 on attorney of record. Actions for li(juor sold in violation of law of this 
 .'^tate, or knowing it was to be so sohl l)y i)urchaser, cannot be maintained, 
 nor on notes given therefor, unless in hands of an indorser without actual 
 notice thereof. 
 
 Administration of Estate. — (See Estates of Deceased Persoiix.) 
 
 [Maine 1.]
 
 MAINE. 359 
 
 Affidavits. — Aiv used to support motions aud on licaring, on application 
 for, or motions to dissolve injunction, but are not received on trials of causes. 
 None re<iuircd for issue of any process, except mesne process for arrest for 
 debt. 
 
 Aliens. — ^lay hold, convoy or demise real property. 
 
 Appeals. — All suits or criminal prosecutions before municipal courts, (ir 
 trial justices, may be appealed to the superior court, in counties which have 
 such couit; in other counties to the supreme court. 
 
 Appeals to the supreme court, lies from decisions of county commissioners, 
 in layin<j out, discontinuinjf, or refusal to lay out or discontinue, wages, 
 and from the assessment i)f damages for such laying out. 
 
 Arrest. — In suits upon contract, debtor may be arrested on the writ, if the 
 debt extjccds ten dollars, and the creditor makes oath that he has reason to 
 believe, and does believe that the debtor is about to dej^artand reside beyond 
 the limits of this state, and to take with him property or means of his own 
 <'xceeding the amount required for his immediate support, and that the debt 
 due, amounts to at least ten dollars. No arrest can be made on execution 
 or contract, but debtor may be cited to an examination as to his property, 
 and if he appears to be poor, he will be discharged, otherwise held ex cus- 
 todie. In actions and executions for tort, defendant may be arrested. 
 
 Assignments. — {See lasoUent Laws and Assignments.) 
 
 Attachments. — The entire estate of a defendant, personal as well as real, 
 cxcei>t few articles specially exempted, is altected by an attachment. It is 
 in the form t)f a mesne or original writ, and it constitutes a lien which runs 
 for thirty days and no more, after judgment is rendered. 
 
 Bills of Exchange aud Promissory Notes. — {See Notes and Bills ray- 
 able.) 
 
 Chattel Mortgages. — All mortgages of personal property are void against 
 lliird parties, unless recorded in the clerk's office of the towni where the 
 mortgagor lives, or possession is taken and retained by the mortgagee. After 
 breach of the conditions of such mortgage, the mortgagee may give tlu? 
 mortgagor written noti<;e of his intention to foreclose the same, and if not 
 redeemed in sixty days thereafter, the right of redemption is lost, but there 
 is no fixed time in which they must be foreclosed. 
 
 Claims against Decedents' Estates. — {See Estates of Deceased Persons.) 
 
 Conditional Sale of Personal Property. — "No agreement that personal 
 ])roj)erty bargained and delivered to another, /i9?' which a note is given, shall 
 remain the property of the ])ayee until the note is ])aid, is valid, unless it is 
 made and signed as a part of the note , and no such agreement, although so 
 made and signed in a note for more than thirty dollars, is valid, except as 
 between the original parties to such agreement, unless it is recorded like mort- 
 gages of ])i'rsonal proiierty."' W. R.. c. iii. s. 5. 
 
 Huch conditional sale, where no note is gicen,, is not within the statute, and 
 is valid. 
 
 Other conditional sales arc governed by the common law, without stat- 
 ute or other moditication. 
 
 Corporations. — Are now created only under general laws, except for mu- 
 nicipal pur])<>srs, and where the objects can only lie obtained bysi>ecial legis- 
 lation. ((Jonst. art. iv, t^ 11.) Dilferent methods ai-c provided by statute 
 for dilferent kinds. Their corporate rights under charter are subject to the 
 control (»r the legislature, unl;iss incorporated by act prior to March 17, 1831. 
 [Maine 2.]
 
 360 MAINE. 
 
 Corporate existence continues three years after dissolution to prosecute and 
 defend suits, and wind up affairs. Meetings are called, when for any reason 
 it cannot otherwise be done, by warrant issued by a justice of the peace. 
 Transfers of stock, where certificates are issued, are valid only between the 
 parties until entered on the books of the corporation. Corporations are 
 bound by parol contract authorized by legal vote or by law. If not created 
 for benevolent, literary, or banking purposes, they cannot divide stock so as 
 to reduce its par value, until all debts are paid. Treasurers of manufac- 
 turing, etc., corporations are to publish semi-annually, in January and July, 
 a statement of their affairs. Stockholders are liable for debts contracted 
 while they are svich, to the amount of stock subscribed or held by them, 
 which is not paid in cash or its equivalent, or is withdrawn, and in no other 
 way except in banks. Stockholders voting to dissolve, dissolution may be 
 accomplished by a bill in equity, brought by any one of them. The supreme 
 iudicial covirt has equity jurisdiction over the settlement of corporation af- 
 fairs. Bondholders secured by corporation mortgage on foreclosure, may 
 become a corporation with same power. 
 
 Costs, Security for. — In state courts, all writs in favor of non-residents 
 of that state, must be endorsed before entry in court ; endorser is liable for 
 costs. 
 
 In United States courts, security may be ordered by court, on mot;o:i 
 pending the suit ; when ordered, it is by bond with surety. 
 
 Courts, Terms and Jurisdiction of 
 
 Probate Courts. — Courts of probate have jurisdiction to take the probate 
 of wills ; grant letters testamentary or of administration on the estates of 
 all persons deceased, residents of their counties, or who died out of the state 
 leaving estate in their counties to be administered. They also have power 
 to appoint guardians to minors, and others who are incapable of managing 
 their own affairs. The judges of probate fix the times and places of hold- 
 ing their courts. They are not fixed by statute. 
 
 Municipal Courts. — The general jurisdiction of municipal courts in civil 
 actions is limite d to $20, tlie same as trial justices. In a few, the amount is 
 larger. The times of holding such courts, in civil business, vary with each 
 court ; but generally every week. Tliese courts are always open for crimi- 
 nal bushiess, and have the same jurisdiction as trial justices in this respect. 
 
 Trial Justices of the Peace. — Jurisdiction. — Twenty dollars, and always 
 open. Service to be made seven days before the return day. 
 
 Court Calendar. — 
 
 SUPREME JUDICIAL COURT. 
 
 Jurisdiction.— Ot n\\c\v\\ and criminal matters, except in the counties of Cum - 
 bprlund, Kennebec and Aroostook. The superior court takes all the criminal juris- 
 diction and the exclusive jurisdiction in civil cases not exceeding five hundred 
 dollars, and concurrent above that sum. 
 
 TIMES FOR HOLDIXG TRIAL TEP..MS OF TUE SUPREME JUDICIAL COURT. 
 
 Counly. County Seat. When held. 
 
 AndroscoK!i;in . . . Auburn ^d Tues. of Jan., April and Sept. 
 
 Aroosiuok Houlton Last Tues. of Feb. and 3d Tues. ol Sept. 
 
 Cumberland . . .Portland 2d Tues. of Jan., April and Oct. 
 
 Franklin Farmin'^ton 1st Tues. of March and 4th Tues. of Sept. 
 
 Hancock Ellsworth ■.2d Tues. of April and Oct. 
 
 Kennebec Augusta. -. 1st Tues. of March and 3d Tues. of Oct. 
 
 Knox Rockland 2d Tues. of March and Dec, and 3d Tues. 
 
 of Sept. 
 
 Lincoln Wiscasset U,h Tues. of April and Oct. 
 
 Oxford I'aris 2d Tups, of Fob. and Oct. and 1st Tues. 
 
 of May. 
 
 Penobscot Rancor 1st Tues of Jan., April and Oct. 
 
 Piscataquis . . . .Dover Last Tues. of Feb. and 2d Tues. of Sept. 
 
 Sagadahoc Bath 1st Tues. of April and 3d Tues: of August 
 
 and Dec. 
 
 [Maine ".]
 
 MAINE. 361 
 
 Counti/. Counly Seal. When held. 
 
 Somerset N'orridtjewook . . . . 3d Tues. of Mfiroh and Dec. 1st Tues. Sept. 
 
 Waldo Belfast 1st Tues. of Jan. and ;id Tues. of April 
 
 and Oft. 
 
 Washington. . . . Machias 1st Tues. of .Tan. and Oct. 
 
 Ciilias 4rh Tues. of April. 
 
 York Saco 1st Tues. of .Tan. 
 
 Alfred :id Tues. of May and Sept, 
 
 Law Tvrms of Supreme Judicial Court. —At Augusta, 4th Tues. of May. 
 
 .\t Hanj^or, -'M Tues. of June. 
 At Portland, 3d Tues. of July. 
 
 SUPERIOR COURT, CUMBERLAND COUNTY. 
 
 ./■urwdtcrton— Exclusive to the amount of five hundred dollars, and concurrent 
 a,bove. 
 
 SUPERIOR COURT, KENNEBEC COUNTY. 
 
 TarvM.— At Augusta, 1st Tues of Feh. and 2d Tues. of June, for civil causes ex- 
 clusively ; on 1st Tues. of April, Sept. and Dec, for civil and criminal causes. 
 
 SUPERIOR COURT, AROOSTOOK COUNTY. 
 
 Terms— At Caribou, 1st Tues. of Dec and May. At Iloulton, 1st Tues. of Nov. 
 and April. 
 
 Deeds. — Any intere.st in lands whether grantor is seized or not, pa.sses by 
 deeil, which ninst have a seal ; a scroll is not sufficient. One witness i.s 
 u.siial, but is not required except for proof of deed for want of acknowledj^- 
 inent. Before they can be recorded they must be acknowledged by one 
 grantor before a justice (jf tlie peace, or notary public in tliis state, a justice, 
 notary, or magistrate in any other s^tate, or United States minister or consul 
 or notary abroad, and the acknowledgment certified. Cominissiouens for 
 this purpose are appointed to act in other jurisdictions. No certificate of 
 capacity of per.son taking acknowledgment is required by statute, but it is 
 usual. Want of acknowledgment is supplied, where grantor refuses, by 
 proof of execution by subscribing witness only, before a justice of the 
 peace, on notice to tlie grantor, a copy of the deed in the registry operating 
 in the mean time as a record fur forty days ; and when the grantor dies or 
 departs from tlie state, without acknowledgment, by proof before a court of 
 record by subscribing witness, or, in case of his death, by other testimony. 
 These proceedings must be within the state. No interest in real estate 
 greater than a tenancy at will can be created except by writing. 
 
 Wife releases dower by signature to the husband's deed, containing apt 
 words of release, or by separate deed. Hu.sband nnist join with wife in con- 
 veying land directly or indirectly conveyed to her by her husband or paid 
 for by liim, or given or devised to her by his relatives, — not othei"wise except 
 to release his interest in the nature of dower. Deeds by an agent may be 
 executed in his name for his principal. 
 
 Unless otherwise expressed, conveyances to two or more create a tenancy 
 in common, unless in mortgage or trust, when they create joint tenancy. A 
 conveyance of a greater estate than grantor has passes what he has and 
 works no forfeiture. One seized in tail may convey in fee simple. 
 
 The usual form of acknowledgment is : 
 
 Static of M.\ixe, ;• 
 
 County of Cumberl.vnd. *i '^ ' 
 
 .July 1, 188 — . Personally appeared the above named (grantor's name 
 here) and acknowledged the foregoing instrument to be free act and deed. 
 
 Before me, .Justice of the Peace. 
 
 If acknowledged by an agent of a corporation, it shouhl be "the free act 
 and deed of the said (corporation by name)." If the ofii(H'r be a commis- 
 sioner in another state, or any other officer having a .seal, add : '" In witness 
 whereof I have hereunto set my hand and seal on the day and the year above 
 named." 
 [Maine. 4.1
 
 362 MAINE. 
 
 Depositions. — May be taken out of the state in causes peudinj;- on com- 
 mission directed to any person specially appointed, witli intei-rogatoi'ies and 
 cross-interrogatories annexed, which are propounded to the witness by sucli 
 person, and his answers written and signed, and the answers are annexed to 
 the commission, with a certificate of the person to whom it is directed, 
 showing that he has complied with the instructions contained in the commis- 
 sion. They may also be taken before a justice or notary, on Avritten notice 
 of time and place given to the adverse party, or one of them, by a justice or 
 notary, allowing one day for every twenty miles of travel. Depositions of 
 adverse parties may be taken on commission, but not on notice. But if de- 
 ponent lives in the town where the trial is had, his deposition cannot be used 
 on trial unless he has died or removed, lujr in any case if he is produced in 
 court, or if the cause for which the deposition is taken has ceased to exist. 
 Written notice is served by reading or copy ; verbal notice by magistrate in 
 person is sufficient. Counsel or parties attend at the time and place and 
 examine on verbal or written interrogatories. Witness maybe comi)elled to 
 appear and testify by summons, and, if recusant, by capias and imytrison- 
 ment. Deponent is sworn to tell the truth, the whole truth, and nothing 
 but the truth. The deposition is written by the magistrate or a disinterested 
 person in his presence, read to deponent, and signed by him. The magis- 
 trate makes a certificate .stating: 1. That deponent was duly sworn. 
 2. How written, and if by any other person than the magistrate, by whom, 
 that it was in his presence, and that he was disinterested. 3. Whether the 
 adverse party was notified and attended. 4. Cause and parties. 5. Tribunal 
 and time and place of trial. 6. Cause of taking same. Depositions so 
 taken are sealed up by the magistrate and delivered to the court or persons 
 before whom the case is to be tried. Such depositions may be taken to be 
 used in all civil causes, suits for partition of land, divorce, review, and trials 
 before referees and county commissioners, and in contested elections. They 
 may be taken out of the state in the same manner, and are admitted or re- 
 jected in the discretion of the court. Depositions in perpetuam may be 
 taken in or out of the state. 
 
 Form— DEPOSITIONS. 
 State op Maine. > 
 County of . \ ' 
 
 On this day of , 18 — , personally appeared before me, a (name 
 
 and title of officer), the within named deponent, and, having first been sworn 
 to testify the truth, the whole truth and nothing but the truth relating to 
 the cause for which his deposition was taken, gave and subscribed the fore- 
 going deposition in answer to the direct and cross interrogatories attached, 
 which was reduced to writing by me. This deposition was taken at the re- 
 quest of , and to be used in an action of now pending between him 
 
 and , and to be tried in the supreme judicial court next to be held at 
 
 within and for the county of , on the day of , 18 — . 
 
 Iti teHtuiioiiy whereof, I have hereunto set my hand and affixed my official 
 seal the day and year first above written. 
 
 [l. s.] {Signature and title of officer.) 
 
 Descent of Property. — Real Estate descends : 1. In equal shares to 
 children and issue of deceased children, per stirpes. If no child living, to 
 lineal descendants, if all of the same degree, per capita; if not, per stirpes. 
 2. If no issue, to the father. .3. If no issue or father, to mother, brothers, 
 and sisters, and to children or grandchildren of deceased brother or sister, 
 per stirpes. 4. If no issue, father, brother, or sister, to the mother to the 
 exclusion of issue of deceased brotliers or sisters. 5. If none of the fore- 
 going, to next of kin claiming through nearest ancestor. 0. Estate of 
 minor deceasing unmirried, inherited from either parent, goes to the chil- 
 <lren of same parent, and issue per capita, if of same degree, otherwise per 
 stirpes. 7. If no kindred, it goes to husband or wife ; failing these, it 
 
 [Maine r>.l
 
 MAINE. 363 
 
 escheats to tlic state. Degrees arc computed by eivil hiw. Half blood in- 
 herits same as whole. Since March 24, \HM, an jUegitiniate child is heir to- 
 parents who intennarry ; is heir of his mother in any case, and of a person 
 who makes the requisite acknowledgment that he is his father. If his jiar- 
 ents intermarry and liave other children, or liis father so acknowledges or 
 adopts him, lie inherits lineally and collaterally as if legitimate, but not 
 otherwise. An illegitimate child dying intestate without lawful issue, his- 
 estate descends to his mother, or her lieirs if she is dead, unless such child 
 leaves a husband or widow, who takes half. 
 
 Personal Estate. — Descends in the same way, aside from wliat is allowed 
 to the widow by the law and the court, subject to the following rules : IT 
 the intestate leaves a widov.' and issue, she takes one third, if no issue one 
 half, if no kindred the whole, and the husband the same. 
 
 Divorce. — The grounds are adultery, impotency, extreme cruelty, utter 
 desertion, continued for three consecutive yeai's next prior to the filing of 
 the libel, gross and confirmed habits of intoxication, cruel and abusive treat- 
 ment ; or on the libel of the wife, where the husband, being of sufficient 
 ability, grossly or wantonly neglects to provide suitable maintenance for her. 
 
 Dower. — Is as of common law. Husband has the same if estate is solv- 
 ent ; and if no issue and estate solvent, either husband or wife takes one 
 lialf of the other's real estate for life. Hiisbaud has no curtesy since 
 March 22, 1844. 
 
 Estates of Deceased Persons. — Executors and administrators are ap- 
 I)ointed by the probate court at any time within twenty years after death. 
 They give bond for personal property, except executors who are excused by 
 will. They dispose of personal property, account to probate court, and 
 divide after paying debts ; may sell real estate to pay debts, or such as is 
 taken on mortgage and in some other cases, by obtaining license, taking the 
 oath, and giving special bond. Non-residents may be appointed, but must 
 name an agent within the state. Estates are appraised by three appraisers 
 appointed by the court. Special administrators may be appointed jiending* 
 appeals. Persons susjiected of concealing, etc., property, may be cited and 
 examined, compelled to answer by imprisonment, and are liable to an actiou 
 for refusal to any party injured. Persons interested in probate bonds, hav- 
 ing obtained leave of the probate court, or whose interest has been specific- 
 ally determined by decree or judgment, may bring suit in the name of the 
 judge. 
 
 Evidence. — (See Testimomj.) 
 
 Executions. — Issue after twenty-four hours and within one year, rcturn- 
 iible in three months, and may be I'enewed at any time within ten years from 
 the return day. On judgments on default against absent defendants, no 
 execution issues for one year unless plaintitt' files a bond to repay if reversed 
 on review brought witliin one year. Levy in such cases is not invalid if the 
 bond is omitted by accident. In cross actions against foreign plaintiffs, one 
 defendant may set oft' his judgment or execution against judgment or execu- 
 tion against all. 
 
 Levy of Execution. — May be made on all attachable property. On real 
 estate, by appraisal by three appraisers, chosen one by each party and one 
 by the officer, and describing it by metes and bounds or otherwise, so as to 
 identify it as land set off' to the creditor. If land is subject to a mortgage 
 it may be taken in the same way, deducting value of the mortgage or equity 
 of rcdempticm. Estates tail are taken as estates in fee simple. All interest 
 of debtor passes unless larger than that levied on. When it cannot be de- 
 scribed, levy is made on profits. If it cannot be divided without injury, a 
 part may be set off in common. Levy on estates for years may be made by- 
 appraisal or on rents and profits. Laud fraudulently conveyed by the debtor 
 [Maine 6.]
 
 364 MAINE. 
 
 or of wliich he lias been disseized, may be levied on as his. Rights to coii- 
 \'eyance under contract, interests by possession, and improvement and 
 estates for life, may be sold. Lands of banks or manufacturing coi-jiorations 
 •and their titles as mortgages may also be sold. Levy must be recorded 
 within three months after levy, to be good against intervening title ; and 
 Tvithin thirty days after judgment, to hold under attachment on mesne pro- 
 cess. Real estate levied on in either way may be redeemed in one year 
 thereafter, and such right may be attached and sold on execution. Absent 
 defendant, defaulted without service, or other notice than publication, may 
 redeem in three months after proceedings for a review are ended, if begun 
 in six months after levy. Franchises of railroad corporations entitled to 
 take toll are levied on by sale to bidder who will take the use for the short- 
 est time k) satisfy debt. 
 
 On Goods and Chattels. — Money, and, if creditor accepts, evidences of 
 indebtedness circulated as money at par value, may be applied. Other goods 
 and chattels are kept four days and sold by public auction after forty-eight 
 hours' notice. Licumbered chattels may be sold by paying incumbrances, 
 ior subject to them without paying. ^ 
 
 Executors. — (,See Estates of Deceased Persons.) 
 
 Exemptions. — The following ^yersonal property is exempt from attach- 
 ment and levy : AVearing apparel, one hundred dollars' worth of household 
 iurniture necessary for family, one bedstead, bed and bedding for each two 
 members, family portraits, bibles, school-books in actual use ; copy of state 
 statutes, library worth one hundred and fifty dollars, pew in use, one cook- 
 ino- and all iron wanning stoves, charcoal, twelve cords of wood at home for 
 use ; five tons of antliracite and fifty bushels of bituminous coal, ten dollars' 
 worth of lumber, wood or bark, all produce till harvested, one barrel flour, 
 -tliirty bushels of corn, grain, and potatoes, half an acre of flax and manu- 
 factures therefrom for vise, tools of trade, sewing machine worth one hun- 
 •dred dollars, one pair of working cattle, or one pair of horses or mules 
 worth three hundred dollars, and hay to keep them through the winter, one 
 ihamess worth twenty dollars for each horse or mule ; a horse sled or ox 
 •sled, two swine, one cow and a heifer under three years, or two cows if no 
 oxen, horse, or mule, ten sheep with their wool and lambs until one year 
 ■old, hay sufficient to keep them through the winter, fifty dollars' worth of 
 'domestic fowl, one plow, one cart or truck wagon, one harrow, one yoke 
 with bows, ring, and staple, two chains, one ox sled; one mowing machine, 
 one boat of two tons employed in fishing and owned exclusively by an in- 
 habitant of the state, life and accident insurance policies, except excess of 
 .ainuial cash premium for two years above one hundred and fifty dollars. 
 
 Real Estate. — Lot of land and buildings worth five hundred dollars, if 
 -owner files required ceitifieate in registry of deeds, is exempt as a homestead 
 from all attachments except for liens of mechanics and material-men ; also 
 one cemetery lot. 
 
 Factors. — {^ee Liens.) 
 
 •Garnishment. — (See Trustee Process.) 
 
 Homestead. — (See Exemptions. ) 
 
 Insolvent Laws and Assignments. — The courts of probate in tlie sev- 
 eral coujities are made courts of insolvency. Proceedings in insolvency are 
 had only when de))ts are not less than three hundred dollars ; are both 
 voluntary and involuntary, and are carried on in the county where debtor 
 resides, or from which ho hrts absconded within six months, leaving property 
 
 therein. 
 
 [Maine. 7.]
 
 MAINE. .^65 
 
 In voluntary proceeding's, the debtor applies by petition, settinj^ forth his- 
 inability to pay liis debts and his willintrness to assifrn his property for hi»- 
 creditors. A warrant then issues on wliich the sheriif takes jjossession of 
 the estate and papers, and notice is given. 
 
 Involuntary proc^eedini^s are commeneed by one or more creditors alleging 
 that they believe their del)ts to be more than one-fourth of the whole, that 
 debtor is msolvent and it is for the best interests of liis creditors that lii» 
 assets be divided under the act. A warrant issues for attachinjj all his- 
 property in the state and forbidding any disposition of it. Notice is given 
 to the debtor, and the warrant may be revoked on hearing. If not, a like 
 warrant issues as in voluntary proceedings. The messenger takes posses- 
 sion of the estate and notifies tlie first meeting of creditors, who then choose 
 an assignee by majority in number and value, subject to the approval of the 
 judge, who may set aside, order a new election, appoint others, or remove 
 for cause. Assignees are required to give bond on application of creditors 
 holdmg one-fourth of the debts. 
 
 Claims may be proved at any time before final dividend, as follows : All 
 debts, with rebate of interest on those not yet paj-^able, unless interest is 
 provided. Demands for conversion of personal property. Contingent liabili- 
 ties share, if they become fixed before final dividend, or present value may 
 be determined. Any person liable as surety, etc., may have benefit of divi- 
 dend, whether the creditor proves or not, by proving in his name or other- 
 wise. Debts like rent falling due at stated periods may be apportioned. 
 
 Proof is made before the register of the insolvent court without expense, 
 or before any justice of the peace or notary public at the creditor's expense,. 
 by the creditor or his authorized attorney, in the following form : 
 
 State of Main?;, ] <-< 4. <• t i 
 
 County of $ ''■ ^ *^'"^ «^ Insolvency. 
 
 In the case of , insolvent debtor . I, , of , in the county 
 
 of , do swear, that the said , by or against whom proceedings in in- 
 solvency have been instituted in said court, for said county of , at and 
 
 before the commencement of such i^roceedings, still justly and 
 
 truly indebted to me, in the sum of dollars and cents ; that 
 
 the evidence of said debt is hereto annexed and marked "Exhibit A ;" that 
 
 the consideration for said indebtedness was and is , that the credit to bo 
 
 given upon said claim is, , that I, , hold as security upon said claim, 
 
 , a copy of which is hereto annexed, and is marked "Exhibit B ;" 
 
 that this is the only security I hold upon said claim, and I have not 
 
 nor has any other person for me , to my ■ knowledge or belief received 
 
 any other security or satisfaction whatever in the premises. 
 
 And I, , do furtlier swear, that said claim was not procured by me,. 
 
 , for the purpose of influencing the proceedings in this case. 
 
 And I, , do further swear, that I , have not, nor has any other 
 
 person to my , knowledge or belief, directly or indirectly, entered into 
 
 any bargain or agreement, express or implied, whereby I, am • to 
 
 receive any exclusive benefit hereafter, or whereby my — — - vote for assignee,. 
 
 or my assent to the said debtor's discharge, or any action on my 
 
 l)art in such proceedings, has been, is, or shall be in any way affected, 
 
 influenced or controlled. (Deposing creditor.) 
 
 The messenger may, by order of court, upon jTetition of any party inter- 
 ested, sell in such manner as the court directs, any portion of the estate. 
 Upon the election of assignee, the messenger shall deliver to him all property 
 held by him, or cash received by him for any goods sold. If debtor d ies 
 after commencement of proceedings, the same shall be continued and con- 
 cluded with same effect, as if he had lived. The judge may make allowance 
 to the widow or minor children. Secured creditors can not vote without first 
 filing with the register, a discharge of his security, 
 [Maine 8.1
 
 5G6 MAINE. 
 
 All debts due from the debtor at the time of the filing of the petition may 
 be proved against the estate of the insolvent. All demands for, or on ae- 
 -count of, any goods or chattels wrongfully taken, converted, or withlield by 
 the insolvent, may be proved and allowed as debts, to the amount of the value 
 of the property. 
 
 Any person liable as bail, or otherwise, for the insolvent, who shall havo 
 paid the debt, or any part thereof, in discharge of tlie whole, shall be entitled 
 to prove such debt, or to stand in the place of the creditor, if the creditor 
 has proved the same, although such payments shall have been made after the 
 proceedings in insolvency were commenced. And any person so liable for 
 the insolvent, and who has not paid such debt, but is still liable for the same 
 or any part thereof, may, if the creditor fails or omits, upon request, to prove 
 such debt, prove the same either in the name of the creditor or otherwise, 
 subject to such regulations and limitations as may be established by rules 
 of court. 
 
 Estate is applied : 1st. To costs of proceedings; 2d. To taxes and debts 
 due town, county, state, or United States ; Bd. To wages of operative earned 
 within six months, not over fifty dollars ; 4th, As often as enough is received 
 twenty-five per cent, is paid on other claims, andfinal dividend when ordered 
 by the court. The debtor and any other person may be examined. 
 
 Discharge is granted from all debts provable, except those created by fraud 
 or embezzlement, defalcation as a public officer, or in any fiduciary capacity ; 
 does not release any person jointly liable witli debtor ; is not granted a second 
 time, unless a majority, nor a third time withovit three-fourths of his credi- 
 tors in number and value assent. Discharge is denied if debtor has : 1st. 
 Sworn falsely ; 2d. Concealed property, books, or ])apers ; 3d. Paid or se- 
 cured any debt or liability of or ft)r him, within the prohibited four months ; 
 4th. Caused his effects to be attached ; 5th. Destroyed^ altered, mutilated, 
 or falsified books or papers ; Gth. Been privy to any false or fraudulent en- 
 try ; 7tli. Removed or allowed removal of his property — either of the fore- 
 going being witli intent to defraud his creditors, or to give an illegal prefer- 
 ence ; 8th. Made any fraudulent transfer of property ; 9th. Known of any 
 fictitious debt proved against estate, and has not disclosed the same ; 10th. 
 Failed to keep a cash book and other proper books of account, since the pas- 
 .sage of the act, if a m.erchant or trader. Discharge is void, if assent of 
 creditor is procured by pecuniary consideration, or promise for the future, 
 and may be annulled within two years after it is granted, if causes were not 
 known at time of discharge. Suits and arrest are suspended, pending insol- 
 vency proceedings. Composition may be effected by an affidavit of the 
 debtor negativing fraud, preference, or promise of same, and an agreement 
 signed by majority in number of the creditors, whose debts exceed fifty dol- 
 lars each, and by creditors holding three-fourths of all his indebtedness, and 
 a discharge is granted, which is void if any signature is obtained by fraud, 
 or any material statement in affidavit, or schedule of debtor is false to his 
 knowledge. If discharge is not granted, debt may be collected, less divi- 
 dends. 
 
 Penalties are pi-ovided against debtor for concealing property and papers ; 
 against others, for aiding the same or making fraudulent jjurchase, or agree- 
 ment to purchase ; against messenger and assignee, for fraudulently dis- 
 l)osing of estate. In each case the penalty is imprisonment not more than 
 one year, or fine of not over five hundred dollars. 
 
 Partnerships may be declared insolvent ; either partner may file petition. 
 Estates of each mcmlier are kept separate, anfl applied to the claims against 
 the estates respectively ; assignee is chosen by partnership creditors. Dis- 
 charge is granted or refused to each partner separately. 
 
 Corporations are subject to these provisions, if carrying on any private 
 luisiness ; not to include corporations engaged in a business involving public 
 duties and obligations, among which are railroads, banks, gas and water 
 companies. Coiporation is not discharged nor liability of .stockholders 
 aflected. 
 
 [Maine 9.]
 
 MAINE. 367 
 
 .Vllowauco may 1)'.' made to the debtur for siqiport out of estate pending 
 l)roceeding:s. 
 
 Appeals lie to the supreme judicial court: 1st. Decision on application 
 fordisciiarjre ; 2(1. Decision on application to annul discharge ; ;>d. Decision 
 on proof of debt. Appeals may be tried by jury, and exceptions taken and 
 determined T)y law i-ourt. The same court has full equity jurisdiction in all 
 matters arising under the act. 
 
 Assigjiments may be made to the register of the court, by persons owing 
 less than tiiree hundred dollars. The assignor submits to an examination by 
 creditors, which is limited to the time since debts accrued. If the examina- 
 tion is not found to be untrue or inconsistent with the oath, which is in sub- 
 .stam^e that he has not made over or concealed property to defraud, the oath 
 is administered and tlie debtor is discharged from arrest on any bebts then 
 existing, but not from debts. 
 
 No dei)t created by the fraud or embezzlement of the insolvent, or by his 
 defalcation as a public officer, or while acting in any fiduciary character, is 
 discharged by proceedings in insolvency under this act ; but such debt may 
 be proved, and the dividend thereon shall be a payment on account of such 
 debt. No discharge shall release, discharge, or att'ect any perscni liable for 
 the same debt for, or with the insolvent, either as partner, joint contractor, 
 indorser, surety, or otherwise. 
 
 The disi;harge releases the debtor from all debts and liabilities, which 
 might have been proved against his estate, but does not discharge debts due 
 to citizens of other states, vinless they become ])arties to the insolvency pro- 
 ceedings — or prove their debts ; it may be proved by simple averment that 
 on the day of its date, such discharge was granted, setting forth copy of 
 such discharge which .sei)arates as a bar to all suits brought on any such debt 
 or liability. 
 
 Any creditor may contest the validity of the discharge, at any time within 
 two years after, by application in writing to the court, setting forth the sev- 
 eral acts it is intended to prove. If, at the hearing thereon, the court finds 
 that the fraudulent acts set forth by the creditor are proved, and that the 
 creditor had no knowledge of the same until after the granting of the dis- 
 charge, the discharge of the debtor shall be annulled ; but if the fraudulent 
 acts are not proven, the validity of the discharge is not affected by the pro- 
 ceedings, and appeal may be had to supreme judicial court for the county ; 
 at the re(iucst of either party, jury trial may be had as to issues of fact, and 
 exceptions as to law may be certified to the chief justice of said court. 
 
 No claim purchased after the warrant in insolvency has issued, shall be 
 set off against a claim due the estate prior to such piirchase. No creditor 
 can commence or maintain any suit upon any claim which he has proved m 
 insolvency, until after a discharge lias been refused, provided the debtor 
 shall proceed with reasonable diligence to obtain his discharge, and no debtor 
 against whom a warrant in insolvency has been issued, shall be liable to 
 arrest on mesne process or execution, where the claim was provable in insol- 
 vency during the pendency of the insolvency proceedings, unless the same 
 shall be unreasonably protracted by the fault or neglect of such debtor. 
 
 If any ])erson being insolvent, or in contemplation of insolvency, within 
 f(mr months before the issuing of the warrant, with a view to give a ]>refer- 
 cnce to any creditor or person having a claim against liim, i)rocures or suffers 
 any part of his property to be attached, or seized on exccutiim, or makes 
 any payment or conveyaiu-e of any pai't of his property, either directly or 
 indirectly, absolutely or conditionally, the person receiving such payment or 
 conveyance, having reasonable cause to believe such person is insolvent, or 
 in contemi)lation of insolvency, and that such ]>ayment or conveyance is made 
 in fraud of the laws relating to insolvency, the same shall be void, and the 
 assignee may recover the ])roperty. or the value of it, from the person so 
 receiving it, or so to be benefited ; but this does not invalidate any loan of 
 actual value, upon a security taken in good faith on the occasion t>f making 
 .such a loan. 
 [Maine 10.]
 
 368 MAINE. 
 
 Interest. — Is six per cent., if no other rate is agreed on in writing. No' 
 usury laws. Judgments and verdict bear interest at six per cent. Interest 
 not sijecified in contract runs from date of demand or of suit. 
 
 Judgment. — On verdict, default, or non-suit, or certificate from law court 
 in tenn time, is rendered by a general order at the end of the term. On such 
 certificate in vacation, it goes as of the general order day of preceding tenn ; 
 but attachments and time for disclosures run from the next term. Special 
 judgment is rendered for good cause in any case, at any time during the term 
 when the case is in order for it. Judgments bear interest at six per cent. 
 They do not constitute any lien on real estate, except under an attachment 
 on mesne process. (See Attachynents.) Judgment in justice courts is rendered 
 on the return-day by default, if no appearance. Judgments in other courts, 
 at the end of term, unless specially ordered before. Judgments have no 
 priority upon debtor's property, unless by virtue of prior attachment on 
 mesne process or prior levy. Recognizances for debt may be made before a 
 justice, on which judgment will be rendered. See Actions. 
 
 Liens. — The following liens are given by statute, to be enforced by attach- 
 ment within the periods specified for each : On a house, building, or appur- 
 tenances, and the interest of the owner in the land, or enough for a suitable 
 lot, for labor and materials furnished with the owner's consent, or under a 
 contract with him, (and, if not under such contract, if the owner gives no 
 notice that he will not be i-esponsible, and a statement of claim is filed in the 
 town clerk's office within thirty days), — within ninety days after work is 
 comjileted, or last material furnished. On house on leased land, for ground 
 rent, within sixanonths after rent is due. On lime, for personal service in 
 digging and hauling rock, and for rock furnished therefor, — within thirty 
 days after lime is manufactu.red or before it is sold or shipped on a 
 vessel. On all granite quarried, cut, or dressed in a quarrj'^, for wages of any 
 one of those laboring in doing it, — within thirty days after it is cut or dressed, 
 or before it is sold or shipped on a vessel. On all slate mined, quarried, or 
 manufactuied in a quarry, for the wages of any one of those laboring in 
 doing it, — within thirty days after it arrives at the port of shipment. On 
 bricks while remaining in the yard where burned, for labor iierformed or 
 wood furnished in manufacturing and burning them, — within thirty days 
 after they are suitable for use. On hemlock bark, for labor in cutting and 
 peeling it, — within thirty days after work is done and before it arrives at 
 market. On logs and lumber, for wages of laborer in cutting, hauling, raft- 
 ing, and driving them, and for cooking for such laborers, — within sixty days 
 after arriving at their lilace of destination for manufacture or sale. These 
 liens take precedence of all others. On vessel as follows : For labor and 
 materials furnished for building, and on the materials before used, — within 
 four days after launching ; for labor and materials furnished on contract and 
 completed after launching, — within four days after the work is completed. 
 For use of dry dock or marine railway, — within four days after the last use 
 or occupation. Keepers of inns and boarding-houses have a lien on goods 
 and personal })aggage of guests and boarders; and persons pasturing, feeding, 
 or sheltering animals have a lien on them, by enforced notice and sale, 
 after six months, or by the general provisions for enforcing liens on property 
 in possession, by a petition to the court. Tenants of lands have a lien for 
 betterments if ousted after six years' possession. Attorneys have a lien on 
 judgments for costs. Other statute liens are of mortgagees upon insurance 
 by mortgagors on mortgaged property, enforced by notice to insurer and 
 trustee process ; creditors on life policies, for excess of premium over one 
 hundred and fifty dollars ; see Exemptions : on vessels, for ijcnaltics for il- 
 legal fishing ; on logs intermixed and driven by one owner, for expense ot 
 driving ; of receivers of banks, on r(!al estate of stockholders ; of mutual 
 insurance companies, on buildings insured, and lands appurtenant ; of owners 
 of one half of mill or dam, for repairs on common propert.y ; of solvent cs- 
 
 [Malne 11 ]
 
 MAINE. 369 
 
 tate of intestate ou heir's share, for debt due from him ; of part owner of 
 personal property ou other share for amount paid under attachment of it ; on 
 mills and dams, for damages by flowing ; of demandant of life estate, for 
 improvements paid for by him ; of railroads, for food furnished to animals 
 transported ; of persons sheltering abandoned animals, on them ; on real 
 estate and some other property, tor taxes ; on beasts going at large, for dam- 
 ages by them ; of factors, etc., ou goods in their possession, for advances, 
 etc. ; laborers in constructing railroads, in employ of contractors, may re- 
 rover for labor against company, by notice, in twenty days after labor is 
 completed, aud suit in six mouths after notice ; on property disclosed by poor 
 debtor. 
 
 Limitations of Actions. — The following actions must be brought within 
 six years from the arising of their cause : Actions of waste, trespass, re- 
 plevin, or assumpsit ; for taking, detaining, or injuring goods and chattels ; 
 for arrears of rent on the case founded upon contracts or liability express or 
 implied, aud of debt founded ujiou contract or liability not under seal. If 
 not otherwise provided for by statute, an action must be begim within 
 twenty years after its cause accrued 
 
 Married Women, Rights of Property. — A married woman, at whatever 
 age, may own, in her own right, personal property acquired either by 
 descent, gift, or purchase, and manage, sell, convey, and devise it by will 
 without the assent or joinder of her husband ; and real estate likewise, 
 imless her husband directly or indirectly conveyed it to her, or paid for it, 
 or it came to her by gift or devise from his relatives, in which cases the hus- 
 band must join. The property conveyed by a husband to his wife, without 
 a valuable consideration, may be taken as the husband's property to pay his 
 debts contracted before the transfer. So also may such property of the wife 
 as was paid for under similar circumstances from the husband's estate. 
 
 By an act approved March 22d, 1844, the property of a femme sole is 
 caused to be unaffected by marriage. The husband acquires no right to any 
 part of it, if married since that time ; but a wife may release to her husband 
 the right to control her separate estate, as to the whole or in part, and to 
 apply the income to their mutual benefit, and she anay in writing revoke 
 such release. 
 
 A married woman may transact business, sue aud be sued alone as if un- 
 married, or she may do so jointly with her husband. When married women 
 come from other states or countries, and reside here without their husbands, 
 they may, in all things above mentioned, act as if unmarried. But should 
 their husbands appear and claim their rights, it is in the eye of the law as if 
 the parties were but just married. 
 
 In case of marriage since April 26, 1852, the husband is not liable for his 
 wife's debts contracted before marriage, nor for those afterward contracted 
 in her own name for any lawful purpose ; she alone is liable. Actions on 
 account of such debts may be maintained against the wife, or the wife and 
 husband together. Her property may be seized on execution for the debts 
 precisely as if she were unmarried, but the law does not permit her arrest. 
 
 Mechanic's Liens.— ('9ee Liens.) 
 
 Minors. — Are liable for torts equally with those of full age, but are not 
 liable on contracts, except for ncrcenaries, unless ratified in writing after 
 becoming of age. They become of legal ago at 21 years. Moneys deposited 
 by minor in a savings bank are his property and he may maintain an action 
 thereon, but all other cases he nuist sue by next friend. Where real estate 
 has been conveyed to minor upon his agreement to pay for it, and he retains 
 • the benefit of it, he is liable upon his contract, and it may be enforced after 
 he becomes of age, but when he comes of age he may disaffirm the contract 
 and release the estate, and be discharged from his contract for the price. 
 [Maine 12.]
 
 370 MAINE. 
 
 Mortgages on Real Estate. — Are deeds poll, with couditiou of defeas- 
 ance, executed and recorded in same manner as deeds. Notes are usually 
 given for the debt ; bonds are sometimes used, They are foreclosed in three 
 years, or in a less time — not less than one year — if so stipulated in the mort- 
 gage. Absolute deed with bond back constitute a mortgage. Foreclosure 
 by taking possession is : 1. By judgment and possession taken. 2. Entry 
 by written consent of mortgagor. 3. Entry peaceably, if not opposed, with 
 two witnesses who make a sworn certificate of the fact. Abstract of writ 
 and retui^n, written consent, and certificate to be recorded in same place as 
 mortgage within thirty days after entry. Possession must be retained. 
 Foreclosure without taking possession is: 1. By three weeks' notice in a 
 newspaper, describing land, stating that condition is broken, and claiming 
 foreclosure. 2. By service of same on mortgagor, to be recorded within 
 thirty days after last publication or service. Time runs from possession 
 taken, first publication, and service of notice. Bill in equity lies for dis- 
 charge of mortgage satisfied and to redeem mortgage after tender or demand 
 for account and refusal, or neglect of mortgagee to furnish it. "Writ of 
 entry may be had for recovery of estate from mortgagee in possession after 
 mortgage is satisfied. Mortgages are discharged by an entry in the margin 
 of the record, signed by the mortgagee personally, or by an attorney at law 
 authorized in writing, or by a deed of release. No statute exists in regard 
 to power of sale mortgages, but they are in use and recognized by the 
 courts. 
 
 Notes and Bills of Exchange. — Three days of grace are allowed, unless 
 on demand. If the third day is on Sunday, Janviary 1st, February 22d, May 
 30th, July 4th, Fast or Thanksgiving day, two only are allowed, unless two 
 such days come together and the last is the third grace day, or if one of the 
 other days falls on Sunday and it is the second day of grace, when four are 
 allowed. Notarial protest of foreign or inland note, bill, or order is proof 
 of the demand and notice. 
 
 If a note is j^ayable at a place certain on demand, demand must be proved 
 before suit begins. Acceptance of bill, draft, or order and waiver of de- 
 mand and notice must be in writing. 
 
 Practice. — The common law practice prevails generally, but in some 
 respects statutory changes have defined and simplified it. 
 
 Promissory Notes. — {See Notes dud Bills af Exchange.) 
 
 Replevin. — It lies to recover goods and chattels, unlawfully detained. 
 The action is local, and must be brought in the county where the goods are 
 detained. The plaintiff must give bond with sureties in double the value of 
 the property, to return the property, or pay its value and damages for 
 detention, and costs if such shall be the judgment of the court, and his bond 
 accompanies the writ. Writ cannot be served till bond is given. 
 
 If any person is imlawfully imprisoned, or held in duress, he may have a 
 writ of replevin on application to the judge of the supreme or superior court. 
 This remedy is rarely sought, as ?inheas corpus is more convenient. 
 
 Seals. — An impression on paper for that ])urpose, with or without wax, or 
 a piece of paper affixed with wafer or any adhesive substance, is a seal. A 
 scroll is not a seal. 
 
 Stay of Execution. — {See Exec/ f ion.) 
 
 Supplementary Proceedings. — .Judgments, erroneous in law or fact, may 
 be revei'sed on writ of error to supreme court. A review may be granted 
 where new evidence has been discovered, after trial in suit, which was not 
 Iruowu to the party, or with reasonable diligence could not have been known 
 
 [Maine 11]
 
 MAINE. 371 
 
 in season to introduce on the trial. Our system of pleading and practice is 
 based on tlie English common law. Questions of law, arising on trial, are 
 reserved for the law court, on exceptions, or motion for a new trial. In 
 criminal cases, after verdict, a motion in arrest of judgment may be filed, 
 but not in civil causes. 
 
 Tax Law.— There is a lien on all real estate for the taxes assessed there- 
 on ; and if the taxes are not paid within nine months after their assessment, 
 the lands are to be advertised and finally sold at auction for the taxes and 
 expenses ; and tlic owners of non-resident lands may redeem the same at 
 any time within eighteen months after the sale ; and tlie owners of resident 
 lands may redeem at any time within two years after the sale, by paying the 
 taxes, costs, and interest at twenty per cent, on resident lands, and twenty- 
 five per cent, on non-resident hauls. 
 
 Testimony. — Witnesses are not excluded from testifyhig by reason of in- 
 terest, unless one of the parties to the action is made an heir, executor, or 
 administrator, and in such case deposition of a party taken in life-time of 
 the other may be used, and party may testify to facts happening since de- 
 cease of other party, and to those hapi)ening before, if the other party does, 
 and where representative party is nominal only. Copies of deeds from reg- 
 istry of deeds where party does not claim as grantee or his heir or justify as 
 his servant ; of documents or records in otfice of ccmsul, vice-consul, or 
 commercial agent of the United States ; of records in custom-himse, are 
 evidence as originals. (*SVe Depositions.) 
 
 Trust Deeds. — Are sometimes but not usually used for security, except 
 liy corporations issuing bonds. 
 
 Trustee Process. — Is commenced by a writ in which the trustee is alleged 
 to have goods, effects, or credits of principal defendant in his hands, when 
 damages are not less than five dollars, and is served by copy. The action 
 must be returnable in some county where a trustee lives. Additional trus- 
 tees may be inserted before service on principal defendant, or after service 
 on him is again made. If principal is out of the state, notice may be or- 
 dered as upon an attachment. All corporations, including towns, etc., may 
 be made trustees and disclose by an agent or attorney or person on whom 
 legal service is made. Non-residents may be charged as trustees if found 
 here. This process may be brought in nuniicipal courts and before trial jus- 
 tices. If the trustee discloses at the first term he recovers costs out of the 
 property or against the plaintiff, as the case may be ; additional costs if out 
 of the county. Trustees about to go away, or by consent in any case, may 
 disclose before a justice of the i)eace. Disclosure must be sworn to, is 
 taken jj/"i/«^/«ae as true, but may be contradicted by testimony by either 
 party. If jn-operty disclosed is claimed by a third person he may become a 
 party and try his title. If a trustee cliarged does not pay over on demand 
 within tliirty days after judgment, scire fdcias lies. Specific goods are sold 
 by the officer as in other cases. No pci'son is t<> be charged as trustee by 
 reason of: 1. Negotiable paper. 2. Money collected by him as an officer. 
 ;->. Money in his hands as a public officer. 4. j\r<mey due only on a contin- 
 Ijency, 5. Mcmey due on a judgment while he is liable to anexecut'on. 
 (5. Wages, not over twenty dollars, of himself, earned within a month, 
 unless for neciessaries. 7. Wages of wife or minor cliild. S. When service 
 was by leaving copy, and paynuuit made before actual knowledge of service. 
 1). Any amount <lue for board of a member of tiie legislature during a 
 .session. Executors and administrators and ])ersons receiving fraudulent 
 conveyances of personal property may be held as trustee. Trustees are 
 charged for money not yet i)ayable, but do not i>ay before the time fixed by 
 the conti'act. 
 '[:\Iaiiir^ tl.]
 
 372 MAINE. 
 
 Usury. — {See Interest.) 
 
 Wills. — Property may be disposed of by will, signed by testator or some 
 person for him at his request, and in his presence, attested by three persons- 
 not beneficially interested, which is valid until revoked by destroying, by 
 subsequent writing or by operation of law from change of condition. Real 
 estate acquired afterwards may pass. A posthumous child not provided for, 
 and, unless the omission appears to be intentional, a living child or issue of 
 deceased child not mentioned in will, takes same share as if the deceased 
 had died intestate, unless omission is intentional. A relative having a devise 
 and dying first, the devise goes to his issue, if any. Devises of I'eal estate 
 are to be recorded as deeds are. "Wills must be proved and allowed by pro- 
 bate court. Nuncupative wills must be made in last sickness, at testator's 
 house or where he last resided for ten days (unless suddenly taken sick and 
 dying before returning), except in case of mariners and soldiers. Must be 
 reduced to writing within six days or they cannot be proved after six months. 
 Cannot dispose of more than one hundred dollars without three witnesses,, 
 requested to be such. 
 
 Witnesses,— (^See Testimony.) 
 
 [Maine 15,]
 
 MAINE. 
 
 373 
 
 ATTORNEYS IN MAINE. 
 
 Bold Face Type denotes county seats. A dash (— ) less than 100 population. 
 Figures after names wheji admitted to Bar. A star (*) Notaries Public. 
 A double dagger (D our Compiler of Ijaws. 
 A dagger (t) former recommendations withdrawn. 
 
 PLACE. 
 
 Addison Point 
 Alfred 
 Appleton 
 Auburn 
 
 COCXTY. 
 
 "Washin<(ton 
 York 
 Knox 
 Androscoggin 
 
 NAMES OF ATTORNEYS. POPULA X. 
 
 E. A. Austin. 1,242 
 I. T. Drew. 1.100 
 M. F. Hardy. 1,34.^ 
 Geo. C. & Clias. E. Wing. 9,55") 
 
 Augusta. Kennebec County. Population, 8,666. 
 
 HERBERT M. HEATH, '76. Special facilities for 
 prompt collections. Reference — Granite National 
 Bank, Haynes & Dewitt Ice Co. 
 
 S.H.Blake jg gg^ 
 
 j; James W. Donigan. ' 
 
 Adams & Coomb. 8,000 
 
 Joseph Williamson. 5,308 
 
 Hon. E. Foster. 2,081 
 
 H. V. Moore. 2,800 
 HON. CHARLES S. 
 
 HAMILTON, '80. 12,6.52 
 
 Geo. B. Kenniston. 3,575 
 
 T. H. Wentworth. 1,460 
 
 A. H. AValker. 2,800 
 
 W. Thompson. 5,500 
 
 Geo. D. Bisbee. 1,382 
 
 0. P. Cunningham. 3,056 
 J. 31. Marshall. 2,330 
 L. G. Downes. 7,000 
 H. ]Montgomery. 4,381 
 
 F. H. Hartford. 5,315 
 Milliken & Campbell. 1.800 
 
 1. W. Davis. 1.331 
 
 C. A. Shofford. 3,500 
 V. A. Sprague. 3,000 
 A. M. Robinson. 1,690 
 J. C. Talbot. 1,875 
 I. G. McLarren. 4,004 
 Deasy & Higgins. 1,629 
 Wisewell & King. 5,152 
 E. W. & F. E. McFadden. 3.050 
 E. 0. Greenleaf.* 1.482 
 A. G. Fenlason. 1,600 
 
 D. R. Hastings & Son. 1,633 
 A. L. Perry. 4,439 
 
 Bangor 
 
 Penobscot 
 
 Bath 
 
 • Sagadohoc 
 
 Belfast 
 
 Waldo 
 
 Bethel 
 
 Oxford 
 
 Berwick 
 
 York 
 
 Biddeford 
 
 York 
 
 Boothbay 
 
 Lincoln 
 
 Bradford 
 
 Penobscot 
 
 Bridgton 
 
 Cumberland 
 
 Brudswick 
 
 Cumberland 
 
 Bucksfield 
 
 Oxford 
 
 Buckspc)rt 
 
 Hancock 
 
 liuxtou 
 
 York 
 
 Calais 
 
 Washington 
 
 Camden 
 
 Knox 
 
 Cape Elizabeth Depot. Cumberland 
 
 €herryfield 
 
 Washington 
 
 Corinth 
 
 Penobscot 
 
 Deer Isle 
 
 Hancock 
 
 Dexter 
 
 Penobscot 
 
 Dover 
 
 . Piscataquis 
 
 East Machias 
 
 AVashington. 
 
 Eastport 
 
 Washington 
 
 Eden 
 
 Hancock 
 
 BUswortli 
 
 Hancock 
 
 Fairtit'ld 
 
 Somerset 
 
 Tarmington 
 
 Franklin 
 
 Ft. Kent. 
 
 Aroostook 
 
 Fryburg 
 
 Oxford 
 
 Crardiner 
 
 Kennebec
 
 374 
 
 MAINE. 
 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS, 
 
 , popula'n. 
 
 Hallowell 
 
 Kennebec 
 
 Beane «fe Beane. 
 
 3,154 
 
 Hampden 
 
 Penobscot 
 
 H. W. Mayo. 
 
 2,913 
 
 Hollis 
 
 York 
 
 H. K. Bradbury. 
 
 1,543 
 
 Houlton 
 
 Aroostook 
 
 Hersey «fc Shaw. 
 
 4,000 
 
 Keunebunk 
 
 York 
 
 E. E. Bourne. 
 
 1,164 
 
 Lebanon 
 
 York 
 
 S. W. Jones. 
 
 1,606 
 
 Lewiston 
 
 Androscoggin 
 
 Frye, Cotton & White. 
 
 19,08S 
 
 Lisbon 
 
 Androscoggin 
 
 A. P. Moore. 
 
 2,641 
 
 Lisbon Falls 
 
 Androscoggin 
 
 Chas. M. Ham. 
 
 2.641 
 
 Lubec 
 
 Washington 
 
 James H. Gray. 
 
 2,200 
 
 Machias 
 
 Washington 
 
 C. B. Donworth. 
 
 2,300 
 
 Millbridge 
 
 Washington 
 
 H. H. Gray. 
 
 2,200 
 
 Naples 
 
 Cumberland 
 
 D. H. Cole. 
 
 1,008: 
 
 North Berwick 
 
 York 
 
 Hon. N. Hobbs. 
 
 1,800 
 
 Norway 
 
 Oxford 
 
 Bearce & Stearns. 
 
 2,51& 
 
 Oakland 
 
 Kennebec 
 
 G. Stevens. 
 
 1,700 
 
 Old Orchard 
 
 York 
 
 Chas. W. Ross. 
 
 1,100» 
 
 Orona 
 
 Penobscot 
 
 N. Wilson. 
 
 2,250 
 
 Palermo 
 
 Waldo 
 
 John Greeley. 
 
 1,118 
 
 Paris 
 
 Oxford 
 
 J. S. Wright. 
 
 2,931 
 
 Pembroke 
 
 Washington 
 
 B. B. Murray. 
 
 2,000 
 
 Phillips 
 
 Franklin 
 
 P. A. Sawyer. 
 
 1,450* 
 
 Portland. 
 
 CUAIBEKLAND CoUNTY. POPULATION, 
 
 38,810. 
 
 Cobb, John C, '60, 31^ Exchange St. 
 FRANK & LARRABEE,* 185 Middle St. 
 
 Frank, M. P. 
 
 Larrabee, P. J. 
 t Strout, Gager & Strout, 52 Exchange St. 
 
 Strout, S. C. 
 
 Gager, H. W. 
 
 Strout, F. S. 
 
 See Card in Appendix, page x. 
 
 Readfield 
 
 Kennebec 
 
 E. O'Brien. 
 
 1,23S 
 
 Richmond 
 
 Sagadahoc 
 
 W. T. Hall. 
 
 3,000 
 
 Rockland 
 
 Knox 
 
 J. P. Cilley. 
 
 7,590 
 
 Rumford 
 
 Oxford 
 
 S. R. Hutchins. 
 
 1,007 
 
 Saco 
 
 York 
 
 H. Fairfield. 
 
 6,39r> 
 
 St. Albans 
 
 Somerset 
 
 D. D. Stewart. 
 
 1,400 
 
 Searsport 
 
 Waldo 
 
 W. C. T. Runnells. 
 
 2,323 
 
 Skowhegan 
 
 Somerset 
 
 Walton & Walton. 
 
 4.500 
 
 South Berwick 
 
 York 
 
 Geo. C. Yeaton. 
 
 3,300 
 
 South Thomaston 
 
 Knox 
 
 F. R. Rowell. 
 
 1,750 
 
 Springvale 
 
 York 
 
 A. Low. 
 
 1,116 
 
 Stockton 
 
 Waldo 
 
 L. M. Patridge. 
 
 1,546 
 
 Thomaston 
 
 Knox 
 
 A. P. Gould. 
 
 3,017 
 
 Topsham 
 
 Sagadahoc 
 
 T. M. Given. 
 
 1,600 
 
 Union 
 
 Knox 
 
 Wm, Gleason. 
 
 1,531 
 
 Waterville 
 
 Kennebec 
 
 Webb & Webb. 
 
 4,675 
 
 Wells 
 
 York 
 
 A. K. Tripp. 
 
 2,500 
 
 Westbrook 
 
 Cumberland 
 
 F. M. Ray. 
 
 4,000 
 
 Whitefield 
 
 Lincoln 
 
 R. S. Partridge. 
 
 1.511 
 
 Winterport 
 
 Waldo 
 
 N. H. Hubbard. 
 
 2,26(> 
 
 Wiscasset 
 
 Lincoln 
 
 H. Ingalls. 
 
 1.832 
 
 Yarmouth 
 
 Cumberland 
 
 B. Freeman. 
 
 2.021
 
 MAINE. 
 
 375 
 
 BANKS IN MAINE. 
 
 Giving the name of town, bank and cashier, and annount of paid-up capital ol one 
 bank in each county of this state in which such a banking institution is located. 
 
 
 
 
 PAID UP 
 
 PLACE. 
 
 NAME OP BAKK, 
 
 CASHIER. 
 
 CAPITAL. 
 
 Auburn 
 
 Nat Shoe and Leather B'k 
 
 M. C. Percival. 
 
 $300,000 
 
 Augusta 
 
 First National Bank 
 
 C. S. Hichbom. 
 
 250,000 
 
 Bangor 
 
 (( (( (( 
 
 E. G. Wyman. 
 
 300,000 
 
 Bath 
 
 (( (( (( 
 
 W. D. Mussenden. 
 
 200,000 
 
 Belfast 
 
 Belfast National Bank 
 
 A. PL Bradbury. 
 
 150,000 
 
 Biddeford 
 
 Biddeford " 
 
 Chas. E. Goodwin. 
 
 150,000 
 
 Bowdoinham 
 
 Nat Village " 
 
 H. P. Kendall. 
 
 50,000 
 
 Brunswick 
 
 First National " 
 
 J. P. Winchell. 
 
 100,000 
 
 Bucksport 
 
 Bucksport Nat " 
 
 Edward Swazey. 
 
 50,000 
 
 Calais 
 
 Calis 
 
 Frank Nelson. 
 
 100,000 
 
 (y'amden 
 
 Camden " " 
 
 J. F. Stetson. 
 
 50,000 
 
 Damariscotta 
 
 First 
 
 Wm. Flye. 
 
 50,000 
 
 Dexter 
 
 t( (( a 
 
 Chas. W. Curtis. 
 
 100,000 
 
 Eastport 
 
 Frontier 
 
 Geo. H. Hayes. 
 
 75,000 
 
 Fairfield 
 
 First 
 
 H. L. Kelley. 
 
 50,000 
 
 Farmington 
 
 Sandy River" " 
 
 T. F. Belcher. 
 
 75,000 
 
 Gardiner 
 
 -Merchants' '* " 
 
 Henry Farrington. 
 
 100,00(1 
 
 Hallowell 
 
 Northern " " 
 
 George R. Smith. 
 
 100.fH)0 
 
 Houlton 
 
 First 
 
 Wm. C. Donnell. 
 
 50.000 
 
 Kennebunk 
 
 Ocean " 
 
 C. Littlefield 
 
 100,000 
 
 Lewiston 
 
 First " 
 
 A. L. Templeton. 
 
 400,000 
 
 Limerick 
 
 Limerick " " 
 
 W. B. Mason. 
 
 50,000 
 
 New Castle 
 
 New Castle " " 
 
 D. W. Chapman 
 
 50,000 
 
 North Berwic 
 
 k North Berwick Nat Bank 
 
 C. W. Greenleaf. 
 
 50,000 
 
 Norway 
 
 Norway " 
 
 H. D. Smith. 
 
 100,000 
 
 Oakland 
 
 ^Vlessalonskee " 
 
 .1. E. Harris. 
 
 75.000 
 
 Orono 
 
 Orono " 
 
 Albert White 
 
 50,000 
 
 Phillips 
 
 Union " 
 
 J. E. Thompson. 
 
 50,000 
 
 Portland 
 
 First " 
 
 J. E. Wengren. 
 
 1,000,000 
 
 Richmond 
 
 Richmond " 
 
 Wm. H. Stuart. 
 
 120,000 
 
 Rockland 
 
 Rockland 
 
 G. Howe Wiggin. 
 
 150,000 
 
 Saco 
 
 Saco " 
 
 S. S. Richards. 
 
 100,000 
 
 Scarsjiort 
 
 Searsport ' ' 
 
 Chas. F. Gordon. 
 
 50,000 
 
 Skowhegan 
 
 First " 
 
 Geo. N. Page. 
 
 150,000 
 
 South Berwick South Berwick "• 
 
 .John F. Walker. 
 
 100,000 
 
 Thomaston 
 
 Thomaston " 
 
 Frank H. .Jordan. 
 
 100,000 
 
 Wakloboro 
 
 ]Medomak " 
 
 D. W. Potter. 
 
 50,000 
 
 Waterville 
 
 People's " 
 
 Homer Percival. 
 
 200,000 
 
 Wintlirop 
 
 Nat Bank of Wintlirop 
 
 .Tohn M. Benjamin. 
 
 100.000 
 
 AViscasset 
 
 First National Bank 
 
 Frederick W. Sewall. 
 
 100,000
 
 STATE OF 
 
 NIARYLAND. 
 
 SUMMARY OF 
 
 Collection La.ws. 
 
 Court Calendak, Instbtjctions for taking Depositions, Legal Forms, Etc. 
 
 Expressly Prepared and Revised to Nov. 1st, ISS7, for "Showers' 
 
 Legal Directory and Merchants' Guide," for 1888, by 
 
 Baker Johnson of the Baltimore Bar. 
 
 Acknowledgments — Of conveyances of any interest in real or leasehold 
 property may be made within the state, and in the county or city in which 
 the land, or any part of it lies, befoi'e a justice of the peace, a judge of the 
 orphans' covirt, a judge of the circuit court of any county, or a judge of the 
 superior court, court of common pleas, or circuit court of Baltimore city. If 
 within the state, but out of the county in which the estate conveyed lies, they 
 may be made before a judge of any circuit court for the circuit where the 
 grantor may be, or a justice of the peace ; the official character of the justice 
 must be certified by the clerk of the circuit, county or superior court (Balti- 
 more city), under his official seal, or before a judge of the superior, common 
 pleas or circuit court, if grantor be in Baltimore city. If withuut the state, 
 they may be made before a notary public, a judge of any court of the United 
 States, or of any state or territory court having a seal, or a commissioner of 
 deeds for this state. The seal of the officer or court to be affixed to the cer- 
 tificate of acknowledgment in all cases. If acknowledged without the 
 United States, the acknowledgment may be made before any minister, con- 
 sul general, vice or consular agent or deputy, or a notary public, or a com- 
 missioner to take acknowledgments for the state of Maryland. 
 
 The certificate of acknowledgment shall contain : 1st. The name of the 
 person making the acknowledgment. 2d. The official style of the officer 
 taking the acknowledgment, od. The tinic when it was taken. 4th. A 
 statement that the grantor acknowledged the deed to be his act, or made an 
 acknowledgment to the like eftect. 
 
 Every deed conveying any interest in real estate must be signed and 
 sealed by the grantor, and attested by at least one witness. A scroll seal is 
 sufficient. No words of inheritance are necessary to create an estate in fee 
 simple, and no separate examination of a married woman is required. 
 
 Form of ackiiowledgmc7it and affidamt. 
 
 State of Maryland, } ^^ 
 
 County OF . S 
 
 I hereby cei-tify that on this day of , in the year , before me 
 
 Cinsert the style of the officer taking the acknowledgment) personally 
 
 ajjpeared , the above named bargainor, and acknowledged the foregoing 
 
 bill of sale to be his act, and at the same time also appeared before me 
 , the above named bargainee, and made oath that the consideration men- 
 tioned in the foregoing bill of sale is true and bona fide as therein set forth. 
 (Add a jurat and test.)
 
 MARYLAND. 377 
 
 Form of proof of acknowledgment by husband and wife. 
 
 :State op Maryland, \ 
 County of . ^ **• 
 
 I hereby certify that on tliis day of , A. D. 18—, before me (here 
 
 insert name and title of official) personally appeared and , his wife, 
 
 and each acknowledged the aforesaid deed (or other instrument) to be their 
 respective act. 
 
 In testimony whereof, I have hereunto subscribed my name and affixed 
 my official seal the day and year above written. 
 
 [seal.] (^Signature and title.) 
 
 Actions- — The distinctive nature of actions at common law arising ex 
 contractu remain, thougli simpler forms are used. Any declaration containing 
 a plain statement of facts necessary to constitute a ground of action is suffi- 
 cient, and any plea necessary to form a legal defense is sufficient, without 
 reference to mere form. (Revised Code, art G4.) 
 
 The fictions of the action of ejectment at common law are abolished by 
 act of 1870, c. 420, and by act of 1872, c 486, the procedure in regard to the 
 manner of instituting tie action, the character of the declaration, the mode 
 of service, the plea and what it puts in issue; and the quantum of damages 
 . recoverable by the plaintitt' are regulated, and the present practice estab- 
 lished. The action is now required to be brought by the real claimant 
 . against the real defendant. 
 
 Amendment is allowed at any time before the jury retire to make up their 
 . verdict in cases of jury trial, and in cases of demurrer and other trials before 
 . the court, at any time before judgment is entered. 
 
 Amendments of pleadings cannot be made, except by consent, in the court 
 •of appeals. 
 
 Administration of Estate of Deceased Persons.— The orphans courts of 
 Baltimore city and the respective counties of the state have jurisdiction to 
 take probate of wills, grant letters testamentary and of administration, 
 direct the conduct and settling the accounts of executors and administra- 
 tors, superintend the distribution of the estates of intestates, secure the 
 rights of orphans and legatees, and to admini.^ter justice in all matters rela- 
 tive to the affairs of deceased persons. Also have jurisdiction over guardians 
 and wards and their accounts. 
 
 Widow or child first entitled to act as administrator. If no widow or 
 child, then the next of kin or creditors entitled in the usual order. Admin- 
 istration usually granted in the county where the residence of the deceased 
 was located. An administrator must execute a bond with two sureties to 
 the state of ]\Iaryland, in penalty prescribed by orphans' court, or register of 
 wills, which is usually double the amount of the estate likely to come into 
 his hands. 
 
 It is incum])ent on the person applying for administration to prove the 
 <leath of the person intestate to the satisfaction of the court, unless same be 
 notorious ; and the court may examine such person on oath touching the 
 time, place and manner of death, and whether or not the ])arty dying left 
 any will ; and if such dying intestate be not proved to the satisfaction of the 
 court, no administration shall be granted. No administration shall be 
 granted until at least twenty days after death of the supposed intestate, and 
 at least seven days after the api)lication. 
 
 If any per.son, being a resident of any other state, district or territory of 
 the United States, or of any foreign country, shall die possessed of or en- 
 titled to any of the public stocks or debt created or issued upon the credit of 
 this state, or of stock or debt created or issued upon the credit of the city of 
 Baltimore, or of capital stock of any joint stock company incorporated by 
 the authority of this state, his right or title shall devolve on his executor or 
 administrator, duly constituted and ai)poinred as such by the law of the 
 ■state, district, territory or country wherein he may have resided at the time
 
 378 MARYLAND. 
 
 of his death, in the same manner as if the said executor or administrator had 
 been duly constituted and appointed as such by the proper authority of this 
 state. (Revised Code, art. 50, sec. 114). 
 
 Nothing contained in tlie last section shall deprive the courts of this state 
 of their authority to grant administration on the estate of such deceased per- 
 son, and the right of a person so appointed shall be preferred to the right of 
 the foreign executor or administrator ; provided notice of the claim of the 
 domestic executor or administrator to such stock be given to the proper 
 officer having charge of the stock book wherein such stock is entered, and 
 having authority to make or allow a transfer thereof before any sale or 
 transfer thereof has actually been made by the foreign executor or adminis- 
 trator ; and provided further that administration shall not be granted to any 
 one in this state, except the next of kin, residuary legatee, or a creditor who 
 shall make oath to and exhibit the vouchers of his claim before obtaining 
 administration. (Revised Code, art. 50, sec. 115.) 
 
 No such foreign executor or administrator shall be authorized to transfer 
 any such stock, until after he shall have given at least one month's notice by 
 advertisement published twice a week for four weeks in two daily news- 
 papers of the city of Baltimore, stating therein the death of his testator or 
 intestate, and the amount and description of stock designated to be trans- 
 ferred. (Art. 50, sec. 116.) 
 
 Such foreign executor or administrator is subject to tax on his commis- 
 sions as domestic executors and administrators. (Art. 50, sec. 117). 
 
 An administrator must give notice by advertisement, according to statu- 
 tory form of his appointment, to creditors to exhibit claims. If such notice 
 be given at least six months before the disti'ibution of the estate, no admin- 
 istrator shall, after the lapse of a year from the date of his letters, be answer- 
 able for any claim of which he had no notice, by an exhibition of the claim 
 legally authenticated. 
 
 An administrator also must have appraisement of jiersonal property made 
 by appraisor's of the orphans' court, and make inventory, and list of debts. 
 
 Assets in the hands of an administrator are leases for years (which include 
 leasehold interest of tenant in ninety-nine year lease subject to ground rent) 
 estates for the life of another person or persons, except those granted to the 
 deceased and his heirs only ; a common warrant for land not executed or 
 located in deceased's lifetime, and all goods, wares, merchandise, cattle, fur- 
 niture, stock, provisions, every kind of produce, the crop on the land of the 
 deceased, by him or her begun, movable fixtures, ornaments, and every 
 species of personal propeity, except things usually denominated heirloom, 
 and the ornaments and jewels of a widow proper to her station, and the 
 clothing of the family. 
 
 Administrators and executors to have power to sue and be sued where the 
 testator or intestate might have sued or been sued except actions of slander, 
 and for injuries done to the person. 
 
 Claims must l)e first passed by the orphans' court, before discharged by 
 administrator (otherwise than at his own risk.) Claims must be proven ac- 
 cording to statutory requirements. 
 
 When an affidavit or deposition to prove claims are taken out of the state 
 the same are good if taken and certified according to proper forms by tlie 
 notary of the place, or by some person there authorized to administer an 
 oath, and certified to be such under the seal of the governor or mayor, or 
 chief magistrate or clerk of any court of record, or notary pu1)lic of sucli 
 place, and the said oath shall be as available as if taken before a justice 
 within the state. ''Revised Code, art. 50, sec. 161.) 
 
 An administrator is allowed thirteen months from the date of letters to 
 make distribution of money in hand to discharge debts and claims etc., or 
 within four months longer on making oath that the assets in his hands will 
 be insufficient to discharge the just debts, etc. 
 
 It is his duty to make distribution once in every six months, of money 
 which has come into his hands after the first distribution. He is to give 
 three weeks' notice to creditors of time and place of making distribution.
 
 MARYLAND. 379 
 
 After which date interest on claim or proportionable part to be paid will 
 cease. 
 
 In paying debts : 1st. All taxes due and in arrear from the decedent 
 shall be' preferred, to the exclusion of all other debts, and 3d, claims for rent 
 in arrear ajjainst deceased persons, for which a distress mifjht be levied by 
 law, shall next have preference. 3d. Judfj^ments and decrees shall next be 
 wholly discharged. 4th. After such claims for taxes and rent, and judji,- 
 ments and decrees shall be satisfied, all other just claims shall be on an 
 equal footin<^ without priority. 
 
 Receipts and releases to executors, administrators, or guardians, are to be 
 executed and acknowledged according to statutory rules, and may be 
 recorded. 
 
 Where any executor or administrator has not money sufficient to pay debts 
 etc., the orphans' court may direct sale of personal property. Any sale 
 made without an order of court, previously obtained, shall be void. 
 
 An executor or administrator may convey land already sold by decedent, 
 but who died before receiving the purchase money. 
 
 Orphans' courts have concurrent jurisdiction with circuit courts, as courts 
 of equity, to authorize and direct the sales of real estate of intestates, where 
 appraised value does not exceed $2.5,000. They are authorized to issue war- 
 rant to appraisers to ascertain the value of the real estate. 
 
 An administrator must render his first account to the orphans' court 
 within twelve months from the date of letters. If estate is not fully admin- 
 istered another account must be rendered every six months until fully ad- 
 ministered. If account be not rendered within time limited, and such fur- 
 ther time as the court may allow, not exceeding six months, his letters may 
 be revoked on application and suit brought against his bond. 
 
 An administrator is allowed commission not less that two nor more than 
 ten per cent, on the first !?20,000, and on the balance of the estate not more 
 than two per cent. 
 
 Affidavits. — No particular form is required for ordinary affidavits. They 
 may be made before a notary public or a commissioner of deeds for ]\Iaiy- 
 land. (Revised Code. art. 21.) The official character should be carefully 
 authenticated. 
 
 Aliens. — Aliens, not enemies, may take and hold lands, tenements and 
 hereditaments ac(iuired by purchase or to which they would, if citizens, be 
 entitled by descent ; and may sell, devise or dispose of the same, or trans- 
 mit the same to their heirs as fully and effectually as if by birth they were 
 citizens of this state. (Art. 1874, c. 354.) 
 
 Appeals. — An appeal may be taken from a court of law or equity by ap- 
 plication to the clerk ; frum the orphans' court by ajjplication to the register ; 
 from the commissioner of the land office l)y application to the commissioner : 
 from county commissioners by a^jplication to their clerk, and from a justice 
 of the peace by an application to the justice ; or by filing a petition with the 
 clerk of the court to which the appeal is made ; and upon such application, 
 if within the time allowed, the clerk etc. to whom the same is made, shall 
 enter a prayer of appeal upon his docket etc. and transmit the papers. 
 
 All appeals or writs of error allowed from any judgment or determination 
 of a court of law, to the court of appeals, other than on (juestions under the 
 insolvent laws, shall be taken within two months from the same, and trans- 
 cript of the record shall be transmitted to court of appeals within three 
 months from time of the appeal taken. Appeals from questions under the 
 insolvent laws, must be entered within thirty days and transcript be trans- 
 mitted to the court of appeals within sixty days from the date of the decis- 
 ion appealed from. 
 
 In no case shall the court of appeals decide any point or question which 
 does not plainly appear by the record to have been tried and decided by the 
 court below.
 
 380 . MARYLAND. 
 
 All appeals allowed from decrees or orders of courts of equity shall be 
 taken and entered within nine months from the date of the decree or order 
 .appealed from, and not afterwards ; unless it shall be alleged on oath that 
 such decree or order was obtained by fraud or mistake, in which case the 
 appeal shall be entered within two months from the time of the discovery of 
 the fraud or mistake, and not afterwards. 
 
 All appeals from orders or decrees of the orphans' court to the court of 
 appeals, shall be taken and entered within thirty days after such order or 
 ■decree appealed from ; and the register of wills shall make out and transmit 
 to the court of appeals a transcript of the record within thirty days after the 
 appeal prayed. • - 
 
 No execution upon any judgment or decree shall be stayed unless the per- 
 son against whom rendered, upon praying an appeal from such judgment, 
 shall give bond with sufficient securities in at least double the sum recorded, 
 or double the value of the thing recorded with condition to prosecute the 
 appeal within the time allowed by law. 
 
 Any party aggrieved thereby, may appeal from any judgment of a justice 
 of the peace to the circuit court of the county, or Baltimore city court, 
 within sixty days ; and the court to which appeal is taken shall hear the 
 case de novo. 
 
 An appeal lies from decisions of the land commissioner to the court of ap- 
 peals. An appeal lies from the decision of county commissioners to the 
 ■circuit court for the county, within sixty days. 
 
 Arrest. — No person shall be imprisoned for debt. (Constitution of 1867, 
 .art. 3, sec. 38.) 
 
 Assignments. — A debtor can make an assignment for the benefit of cred- 
 itors, but no preference is permitted. 
 
 Attachments. — Can be obtained against the effects of a non-resident or 
 .an absconding debtor, and where a debtor is disposing of, concealing or 
 removing his property from the state with intent to defraud his creditors ; 
 also in cases where the debt was fraudulently contracted. 
 
 Banks and Bankers. — Bankers are indictable for misappropriation of 
 money etc. intrusted. Corporations cannot exercise banking privileges un- 
 less expressly incorporated for banking purposes. State banking associa- 
 'tions may be formed according to statutory regulations. 
 
 Bills of Exchange and Promissory Notes.— Fitteen per cent damages 
 ■on foreign bills protested. Eight per cent damages on inland bills protested. 
 Notes or bills due on holiday to be paid the day before, unless it is Sunday, 
 when payable Saturday before. 
 
 Bills of Lading. — Warehouse receipts are negotiable, unless the con- 
 trary is expressly j)rovided on the face thereof. Are conclusive evidence in 
 the hands of any bona fide holder for value without notice that the goods 
 mentioned were received by, and were in actual possession of party issuing 
 . tlie same at time of so issuing. 
 
 Chattel Mortgages. — Are in use, and in practice are tantamount to bills 
 
 of sale. (Revised Code, art. 44.) A like affidavit of consideration is required 
 
 to chattle mortgages and bills of sale as is required to mortgage of real 
 
 . -estate. Mortgages are liens for twenty years, and can be foreclosed at any 
 
 , time within that period. (30 Md., 55.) Chattel mortgages and bills of sale 
 
 must be recorded within twenty days from their date in the county or city 
 
 . where the mortgagor or vendor resides. The fraudulent removal or sale of 
 
 mortgaged pensonal property is made a misdemeanor by the act of 1884, 
 
 •thap. 303.
 
 MARYLAND. 38J 
 
 Claims against Decedents Estates.— (5ee Administration). 
 Conditional Sale of Personal Property.— (5ee Chattel Mortgaget). 
 Corporations. — Domestic ami Foreign, : 
 
 Corporations may be foiinud in this state by special act of the legisUxture, 
 or under the general corporation law (act of 1868, c. 471) by any five or 
 more persons, citizens of the United States, and a majority of them citizen* 
 of this state, for various specified pui'poses. 
 
 Application for corporation must state 1st. Name in full and residence or 
 applicants. 2d. Proposed corporate name, which sliall always include the 
 name of the county or city in which formed. 8d. Object or purposes for 
 which incorporation is sought, time of existence not to exceed forty years, 
 and the articles, conditions and provisions under which incorporation is 
 formed. 4th. Places where operations of corporation are to be carried on, 
 and place in this state in whicli i)rincipal office will be located. 5th. Amount 
 of capital stock (if any.) (5th. Number of shares of stock (if any) and 
 amount of each share. 7th. Xumber of trustees, directors or managers, and 
 their names, who shall manage the concerns of the corporation for the first 
 year. ■ • 
 
 Any corporation not chartered by the laws of this state, which shall trans- 
 act business therein, shall be deemed to hold and exercise franchises within 
 this state, and shall be liable to suit in any of the. courts of this state, on 
 any dealings or transactions therein. 
 
 Process may be served on president, director, manager, or other officer, or 
 if these do not reside in the state, on any attorney or other person in the ser- 
 vice of the corporation, anywhere within the state. 
 
 Costs. — Security for: 
 
 The defendant in any action, may, at or before the trial court, have a rule 
 on the plaintiff to give security for costs, if the plaintiff is not a resident of 
 the state at the time the motion is made. 
 
 In cases in chancery, a rule may be laid any time before final decree 
 against a complainant non-resident at the time of filing the bill or becoming 
 so afterwards. 
 
 Courts. Terms and Jurisdiction of: 
 
 1. Court of Appeals is the highest judicial tribunal, appellate court 
 merely, without any original jurisdiction whatever except in cases of habeas 
 corpus by act of 1880, c. 6. ... 
 
 Terms begin second Monday in January, first Monday in April, and first 
 Monday in October, 
 
 2. Circxtit Courts, eight circuits. Circuit courts for counties have com- 
 mon law powers and jurisdiction in civil and criminal cases within each 
 county. Appellate jurisdiction in appeals from county commissioners, 
 justices of the peace etc. 
 
 Not less than two jury tenns are held in each county every year, and in 
 those counties where only two jury terms are held, two other and interme- 
 diate terms are annually held, to which jurors are not summoned, to dispose 
 of business not reqniring jury. 
 
 3. Courts of Baltimore City. Superior court, court of common pleas, 
 Baltimore city court, circuit court of Baltimore city, and criminal court. 
 The first three have concurrent jurisdiction in civil common law cases 
 involving over $100. Circuit court has jurisdiction exclusively of all equity 
 matters. In addition to its concurrent jurisdiction, the court of common 
 pleas has exclusive jurisdiction of insolvency cases, and the Baltimore city 
 court exclusive jurisdiction of ai)peals from justices of the peace, and from 
 the street conunissioners. 
 
 4. Orphans' Courts. Each composed of tliree judges, not required to be 
 lawyers, and receive per diem for the time they are actually in session. For 
 jurisdiction of orphans" courts Si'e Administration.
 
 382 
 
 MARYLAND. 
 
 Court Calendar : 
 
 UNITED STATES CIRCUIT AND DISTRICT COURTS. 
 
 C:iief Justice Supreme C*oiM-<.— MoiTisoa R. Waite, of Ohio. CircumJudge.—Hyxgh. 
 L Boiid, of Baltimore. Z)is<?-ic<./i(d'7P.— Thomas J. Morris, of Baltimore. Attorney.— 
 Thos. W. Hayes, of Baltimore. Marshal.— T)r. Geo. H. Cairnes, of Baltimore. Clerk.— 
 Jas. W. Chew, Baltimore. ,.,.„,.. ■, ^^ ■ ^ 
 
 The UiiUed States Circuit and District Courts are held at Baltimore, and their terms 
 are: Circuit Court, 1st Mondays in April and November ; District Court, 1st Tuesday 
 in March, June, September and December. 
 
 COURT OF APPEALS. 
 
 J'(«;^e.s,Jst Circuit. Levin T. H. Irvin, Princess Anne, Somerset^ Co. ; 2dJJircuit, 
 John -- ~ - • 
 Baltimon 
 Co. 
 
 Frederit- „--.,, - , , • ^ ^ ,. 
 
 Circuit, Wm. Shepard Bryan, Baltimore City. Clerk, Spencer C. Jonet. Annapolis, 
 Maryland. 
 
 This court meets at Annapolis on the 2d Monday in January, 1st Monday in April 
 and 1st Monday in October. 
 
 CIRCUIT COURTS. 
 County. County Seat. Circuit. Terms Begin. 
 
 Allegany . . , . Cumberlanxi . . 4 Ist.Mon. Jan., 2d Mon. April, 2d Mon. Oct. with 
 
 jury; 1st Thurs. July, without jury. 
 Anne Arundel .Annapolis. ... 5 3d Mon. April and 3d Mon. Oct.. with jury ; 3d 
 
 Mon. Jan. and July without jury. 
 
 Bdltimore . . . . Towsoii 3 1st Mon. Mar., 3d Mon. May, 2d Mon. Sept. and 
 
 1st Mon. Dec, with grand and petit juries. 
 Baltimore City . Not in any Oo . . 8 (See Baltimore City Courts.) 
 
 "Calvert Prince Frederick 7 1st Mon. May and Wed. next after 1st Mon. 
 
 Nov , with jury; 1st Mon. Feb., July, with- 
 out jury. 
 
 Caroline Denton 2 IstMon. Apr. and Oct., with jury ; 2d Mon. Jan. 
 
 and 4th Mon. June, without jury. 
 
 Carroll Westminster . . 5 2d INIon. May and Nov., with jury; 2d Mon. 
 
 Feb. and Aug. without jury. 
 
 Cecil Elkton 2 3d Mon. Jane, without jury ; 3d Mon. Mar. and 
 
 Sept , and 2d Mon. Dec, with jury. 
 
 •Charles Port Tobacco . . 7 3d Mon. May and Nov., with jury ; 3d Monday 
 
 July and Feb., without jury. 
 Dorchester . . .Cambridge ... 1 4th Mon. April and 2d Mon. Nov., with jury ; 
 
 4th Mon. Jan. and July, without Jury. 
 Frederick . . . . Frederick City . 6 3d Mon. Feb., 3d Mon. Sept. and 2d Mon. Dec, 
 
 with jury; 2d Mon. May and Dec, without 
 jury ; at Dec. term no grand jur.y. 
 
 Kiarrett Oakland 4 1st Mon, May and 2d Mon. Sept., with jury ; 1st 
 
 Mon. July and 3d Mon. Dec, without jury. 
 
 Hartford . . . . Belair 3 2d Mon. Feb., May and Nov., with jury; 2d 
 
 Mon. Sept., without jury. 
 
 Howard EllicottCity . . . 5 3d Mon. Mar.and 1st Mon. Sept., with jury; l.st 
 
 Mon. Dec. and 3d Mon. June, without jury. 
 
 Kent Chestertown . . 2 3d Mon. Jan. and 2d JVIon. July, without jury ; 
 
 3d Mon. April and Oct , with jury. 
 Montgomery . . Rockville .... 6 3d Mon. Mar. and 2d Mon. Nov., with jury ; 3d 
 
 Mon. Jan. and 1st Mon. June, without jury. 
 Prince George's . Upper Marlboro' 7 1st Mon. April and Oct., with jury ; 3d Mon. 
 
 June and Jan., without jury. 
 <:iueen Anne's . Centreville ... 2 4th Mon. Jan. and 3d Mon. July, without jury; 
 
 1st Mon. May and Nov., with jury. 
 St. Mary's . . . . Leonardtown .. . 7 1st Mon. June and Dec. without jury ; 3d Mon. 
 
 Mar. and Sept., with jury. 
 Somerset . . . . Princess Anne . . 1 2d Mon. April and Oct., with jury; 2d Mon. 
 
 Jan. and Jul.v, without jury. 
 
 Talbot Easton 2 1st Mon. Feb. and 4th :\Ion. July, without jury; 
 
 3d Mon. May and Nov., with jury. 
 Washington. . . Hagerstown . . 4 2d Mon. Feb and May and 3d Mon. Nov., with 
 
 jur.y; 1st Mon. Aug., without jur.v. 
 
 Wicoinico Salisbury .... 1 4th Mon. Mar. and Sept., with jury ; 1st Mon. 
 
 .Ian. and July, without jury. 
 'Worcester . . . . Snow Hill .... 1 3d Mon. May and 4th Mon. Oct., with jury ; 3d 
 
 Mon. Jan. and July, without jury. 
 
 BALTIMORE CITY COURTS. 
 
 Eighth Judici.^l CiKCUiT.--Baltimore City. 
 
 The Supreme Bench.— Hon. George Wm Brown, Chief Judge. Hons. Wni. \. 
 Stewart, Chas. E. Phelps, Edward Dutfy, and .lolin Upshur Dennis, Associates. 'I'he 
 Judges of the Supreme Bench are assigned to the following Courts:
 
 MARYLAND. 383 
 
 Superior Court.— 'Id Monday in Jan. May and Sept. .Tames Bond, Clerk. 
 
 Court of Common IHeax.—'liX Monday in .Jan. May and Soi)t. .lolm T. (rra.v, Clerk. 
 
 Jiclltimorc Cili/ Co"//.— 2d Monday in .Jan. May, and Sept. Henry A. Scliultz, 
 Olerli. 
 
 Circuit Court.— 2(\ yUmdiiy in Jan., March, May, .July, September and Xoveuibei'. 
 Alvin Robertson, Clt-rk. 
 
 0>-u/im«/ 0'"r/.— I'd Monday in .lannary. May and Sept John S. Bullock, Clerk, 
 iieorge May, Sherirt'. Chas. U. Jverr, state's Attorney. Wm. F. Canii)bell, Deputy. 
 
 Orphanx Court.— lion. tieo. W. Lindsay, Chiet Judge Hons. Daniel (Jans and 
 Chas. E. Jenkins, Associate Judges. Kobt. T. Banks, liegister of Wills. The < )rplians 
 Court is in session every day, except Sunday, from 11 o'clock a. m. to 1 o'i'lock p. ni. 
 
 Equity terms for tlie several counties of the Stale and the Circuit Court of Balti- 
 more City, 1st Monday of January, March, May, July, September and November. 
 
 Curtesy. — A Imsband is entitled to a life estate in property real and per- 
 .sonal of wife at time of marriage or acquired afterwards by li^i", if slie die 
 intestate leaving diildren. If she die intestate leaving no childrbn, her hus- 
 band shall have a life estate in her real property, and her i)ersonal property 
 bliall rest in him absolutely. 
 
 The right of the •wife to encundjer. convej', or will her sole and separate 
 estate, is stiperior to the httsband's right of curtesy. 
 
 Deeds. — No estate of inheritance or freehold, or any declaration or limita- 
 tion of use, or any estate for above seven years, shall i^ass or take effect, un- 
 less the deed conveying the same shall be duly executed, acknowledged and 
 recorded. 
 
 All deeds conveying real estate which contain the names of grantor and 
 grantee, a consideration where one is necessary to validity of a deed, and a 
 description of the real estate sufficient to identify it with reasonable cer- 
 tainty, and the interest or estate intended to be conveyed, are sufficient, if 
 duly executed, acknowledged and recorded. 
 
 3Iust be signed by grantor and attested by at least one witness. 
 
 Descent and Distribution. — Lands and interests in real estate etc. de- 
 scend accortling to statutory ntles varying according as they were derived 
 from the father or mother. 
 
 Personal property of an intestate decends : If widow and no children, to 
 the widow. If widow and children, one third goes to widow and rest to 
 children and representatives of deceased child or children (representatives 
 standing in the place of a deceased child). For husband's estate see Curtesy. 
 
 Depositions. — Commissions may be issued to take testimony to be used 
 on trial of action pending, where witness is unable to attend. 
 
 Commissions to take testimony out of the state may be issued on the court 
 being satisfied by affidavit or otherwise that there are material and compet- 
 ent witnesses residing or living ottt of the state. 
 
 Such commissions are isstted to two persons named by the court, unless by 
 consent of parties to one i^erson. 
 
 When a commission is issued from another state to a person in this state, 
 iind the witness fails to attend or reftises to answer, such witness may be 
 recpiired to sliow cause before judge of circtiit court of city or county why 
 he neglects to appear or refuses to answer. 
 
 Di'Vorce. — A Vinculo Matrimonii may be decreed for, 1st. Impotence of 
 fitlier party at time of marriage. 2d. For any catise, which by the laws 
 of the state, render a marriage nidi and void, nhinitio. 8d. For adulteiy. 
 4th. For abandonment continued iiiiinterrui)tedly for tliree years and delib- 
 erate and final. .')th. When w"oman before marriage has been guilty of illicit 
 intercourse with another man, the same being unknown to the husband at 
 the time of marriage, and being duly 2)roven. 
 
 A menso. et thoro may be decreed forever or for limited time for, 1st 
 <'i'uelty of treatment. 2d. Excessively vicious tonduct. :5d. Abandonment 
 and destrtion.
 
 384 MARYLAND. 
 
 No person entitled to make application for divorce where the causes oc- 
 curred out of this state, unless applicant has been a resident of state for tVo 
 years next preceding application. 
 
 Dower. — On the death of her husband, the widow is entitled for life to- 
 one-third of all the legal estate of inheritance, of which the husband has had 
 at any time during coverture, a sole and beneficial seisin, provided the estate 
 be one which tlie issue of the marriage might possibly inherit. 
 
 The right attaches as an inchoate right immediately on marriage or the 
 acquisition of property, and unless expressly waived by her, is superior to all 
 liens and incumbrances thereafter. 
 
 The widow is dowable only out of such equitable estate as the husband 
 owns at the time of his death, and all conveyances and contracts to convey 
 such property by the husband, with or without the wife's consent, and all 
 liens and incumbrances on such property, with tlie exception of judgments 
 rendered or confessed subsequent to the marriage, are superior to the claims 
 of dower. 
 
 Evidence. — There is no exclvision of witnesses on the ground of interest or 
 crime ; except that no person convicted of perjury shall be permitted to tes- 
 tify in any proceeding whatever. 
 
 When an original party to a contract or cause of action is dead, or when 
 an executor or administrator is party to suit, either party may be called 
 as a witness by his oioponent, but shall not be permitted to testify in his own 
 behalf, unless a nominal party merely. 
 
 Testimony of party to suit may be rebutted where he is examined by op- 
 posing party. 
 
 Executions. — On all judgments or decrees in any court of law or equity, 
 and on judgments of justices of the peace recorded in the clerk's office of any 
 court of law. An execution or attachment may issue at any time within 
 twelve years from the date of such judgment or decree, (Rev. Code, art. 
 04, § 135 ; 1884, chap. 178). 
 
 Execution may be levied on any property of the defendant, the exceptions 
 as stated below excepted. 
 
 Executors. — 1. W7io may he. If any person named as executor is, at the 
 time when administration ovight to be granted, under eighteen years of age, 
 or of unsound mind, incapable according to law, of making a contract, or con- 
 vict of any infamous crime, or not a citizen of United States, letters testamen- 
 tary or of administration may be granted as if such person had not been 
 named in will. 
 
 3. Bond. Must give bond for faithful performance of duty, with penalty 
 of about double value of personal estate. Where testator expressly in will 
 releases prospective executor from necessity of giving bond, executor is then 
 only required to give bond in double amount of debts and court costs. 
 
 3. Duties. In addition to proving will and giving bond, must give notice 
 to creditors, return inventory and list of debts, collect debts, and reduce the 
 estate to such condition as to be able to pay debts, legacies and distribute 
 assets ac the proper time. Must pay debts before paying legacies, and if es- 
 tate is insolvent, all legacies fail : Must pay legacies. If necessary to sell 
 any of estate for purpose of paying debt or legacies, must apply to orphans' 
 court for order to sell, unless the will gives the power. 
 
 Must make investments of money in hand and not leave money idle. At 
 the end of the year, must render first account, and continue to render ac- 
 counts every six months thereafter if necessary. 
 
 After above is attended to, must distribute estate to persons entitled and 
 may call all interested before the court for this purpose, on proper notice. 
 
 If caveat be filed to will, it is. in general, duty of executor to defend it. 
 
 4. Are allowed commissions which shall be in the discretion of the court,, 
 not under two nor exceeding ten j)er cent, on the first $20,000 of the estate,, 
 and on tlie bahmce of the estate n(jt more than two per cent.
 
 MARYLAND. 385 
 
 It is not the duty of administrator or executor to plead limitation to what 
 lie supposes to be a just elaim, but the same shall be left to his honesty and 
 discretion. 
 
 Exemptions. — In ^Maryland the sherifl' cannot take in exemition wearing 
 apparel, Ixjuks or mechanics' tools (except books and tools kept for sale, 
 and except under executions issued upon judgments for seduction or breach 
 of promise of marriage). He nuist also leave one hundred dollars worth of 
 other property, to be selected by the defendant, or, if one hundred dollars 
 worth cannot be conveniently set aside, pay him one hundred dollars out of 
 the proceeds of sale. (Rev. Code, art. G4, 57 ^Id., 314). A chose in action 
 cannot be taken, nor a lien coupled with possession, nor any intangible prop- 
 erty, whether real or personal, except stocks. Equitable interests in per- 
 sonal property cannot be taken in execution. The course is for the creditor 
 to cause his execution to be levied and returned, and then go into equity. 
 
 Factors. — Any person intrusted for purpose of consignment or sale with 
 goods etc., except agricultural production.s, and who shall have .shipped or 
 consigned the same in his own name, and any person in whose name any 
 goods etc. shall be shipjied or consigned by any other person, shall be taken 
 to be the true owner so far as to entitle the consignee to a lien thereon for 
 any money or negotiable security advanced for the use of the person in 
 whose name such goods, wares etc., shall be shipped or consigned, or for 
 any money or negotiable security received by him to the use of such con- 
 signee, in the same manner as if such person were the true owner. 
 
 False Pretence. — Any person who shall, by any false pretence, obtain 
 from any other person, any chattel, money, or valuable secxirity, with intent 
 to defraud any person of the same, shall be guilty of a misdemeanor. Pun- 
 ishment according to the statute. A mere promise for future payment, 
 though not intended to be performed, shall not be sufficient to authorize a 
 conviction. 
 
 Fraud, Statutes of. — The most important section of the original English 
 "statute of frauds," are held to be in force in Maryland as construed by 
 the decisions of the court of appeals. See "Alexander's British Statutes iii 
 force in Maryland." 
 
 Gamisllinent. — Garnishee in attachment may plead in behalf of the de- 
 fendant, any plea or pleas which the defendant might plead if the summons 
 had been served upon him and he had appeared. 
 
 Grace. — No statutory regulations as to days of grace. 
 
 Homestead. — There is no homestead exemption in the state of Maryland, 
 as in some other states. 
 
 Insolvent Laws. — Under the present law a debtor may be voluntarily ad- 
 judicated an insolvent on his own a>)i)lication, or may be thrown into iiivol- 
 untary insolvency on the ai)plication of a creditor or creditois, whose claims 
 amount to not less than $2.10.00, for certain acts set out in the statute. 
 
 When application is made, the court ai)i>oints a preliminary trustee, who 
 gives bond, and to wiiom insolvent shall convey all his projjerty. The pre- 
 liminary trustee gives notice to all the creditors of meeting for choice of per- 
 manent trustee, who shall be the person receiving votes of majoiity of cred- 
 itors, subject to approval of court. Court may at any time order insolvent 
 to appear and answer interrogatories of creditors. No person guilty of fraud- 
 ulent disposition of his property or of impro])er prefeience within one year 
 before application to be discharged. The estate of the in.solvent shall be
 
 386 MARYLAND. 
 
 distributed under tlie order of the court, according to the principles of equity, 
 and no creditor shall acquire a lien by fieri facias or attachment, unless 
 the same be levied before the filing of tlie petition. 
 
 Joint proceedings against partners will lie. Act 1884, c. 29o. 
 
 No deed or conveyance executed, or lien created by any banker, stock 
 broker, merchant, manufacturer or trader, being insolvent, or in contempla- 
 tion of iiisolvency, shall be valid if the same contain any preferences, save 
 such as result from operation of law, and save those for the wages or salaries 
 to clerks, servants and employees, contracted not more than three months 
 anterior to the execution thereof, and all preferences, with said exceptions, 
 shall be void, however the same may be made ; provided the grantor or per- 
 son creating said lien or preference, shall be proceeded against as an insolv- 
 ent, or shall apply for the benefit of the insolvent law, within four months 
 after the recording of the deed or conveyance, or creation of said lien or 
 preference, and shall be declared or shall become an insolvent. Act of 1886, 
 c. 298, etc. 
 
 The eftect of the discharge of the insolvent is to release him from all his 
 debts, liabilities and engagements, of every sort, existing at the time of the 
 application, except judgments for seduction of "any female," and slander 
 of an "unmarried female," and debts to non-resident creditors who do not 
 valuntarily come in and make themselves parties to the insolvent pro- 
 ceedings. 
 
 Interest. — The legal rate of interest is six per cent, per annum. The leg- 
 islature has power to provide otherwise, but has never done so. (Const., 
 1867). Judgments bear six per cent, interest from the time they were rend- 
 ered. A person proved guilty of usury forfeits all the excess above the real 
 svim or value of the goods and chattels actually lent, and legal interest on 
 such sum or value. (Rev. Code, art. 36, 57 Md., 407). 
 
 Judgments. — Are liens for twelve years from date of rendition on any 
 interest of the defendant in real or leasehold property within the county 
 where rendered. They can be transferred from one county to another by 
 sending an execution to the sheriff, and a copy of the docket entries to the 
 clerk. The lien commences in the county to which the execution is issued, 
 from the date of the entry of the docket entries by the clerk. 
 
 Justices of the Peace. — In Baltimore city have exclusive civil jurisdiction 
 where debt or damages claimed does not exceed $100. 
 
 In the counties have exclusive jurisdiction where debts or damages claimed 
 does not exceed $.)0. And concurrent jurisdiction with the circuit court for 
 the county where debt or damage claimed exceeds $50, and does not exceed 
 iJlOO. 
 
 Landlord and Tenant. — Summary statutory proceeding to dispossess 
 tenant holding over is given by act of 1884, c. 355, as amended by act of 
 188(i, c. 470. 
 
 Statutory proceedings for distress for rent. 
 
 Leases.— (-SV^- Deeds). 
 
 License. — When required by statute, are granted by clerks of circuit 
 lourts for the counties and by clerk of court of common pleas in tlie city 
 of Baltimore. 
 
 Liens. — {See Executions. Judf/inents, 2'axes. Mortrjarjes, etc.) 
 
 Limitation of Actions. — Open accounts and sim])le contracts three years ; 
 sealed instruments and judgments, twelve years. Iievivt)r : Judgments by 
 ■'<rire fades \ oilier debts l)y any promise or acknowledgment, written or 
 verbal.
 
 MARYLAND. 387 
 
 Limited Partnerships. — For the transactioTi of any mercantile, mechan- 
 ical, manufacturuig- or bankiiij;^ Inisine.ss, may be formed by two or more 
 l»ersons, upon the term, with the ri<;ht and powers, and subject to tlie con- 
 <litions and liabilities prescribed by statute. 
 
 Married Women. — The property of wife is not liable for debts of hus- 
 band, nor subject to his control ; husband, however, must join in deed con- 
 veving or transferrinj,^ the same, but she, by will, can dispose of it as if she 
 Avere nfemme sole. 
 
 Mechanics Liens. — Every building erected and every building repaired, 
 lebuilt or improved to the extent of one-fourth its value, shall be subject to 
 ii lien for the payment of all debts contracted for work done or materials 
 furnished for or about the same. In all cases where a building shall be 
 commenced and not finislied, the lien shall attach thereto to the extent of the 
 woik done or material furnished. 
 
 The proceedings are by bill in equity or writ of scire facias. 
 
 Minors. — The circuit coui't of Baltimore city, and the circuit courts of the 
 counties sitting in equity, have jurisdiction for the sale, lease, or i^artition 
 of the property of infants or minors. 
 
 Mortgages. — Are executed, acknowledged and recorded the same as deeds, 
 and are not valid against creditors unless recorded within six months'. 
 There must be an affidavit made by the mortgagee or his agent, at any time 
 before recording, that the consideration is true and bona fide. If made by 
 iigent, he must, in addition, make oath that he is the agent of the mortgagee. 
 A like affidavit is required to chattel mortgages and absolute bills of sale, 
 both of which must be recorded within twenty days. The lien of a mort- 
 gage may, by ceasing to j^ay interest or any installment of the principal for 
 twenty years, be barred. They may be foreclosed at any time after the debt 
 becomes dtie, and before the lien is barred. 
 
 Notes and Bills of Exchange.— Negotiable paper is regulated among us 
 by the law merchant, and lias been mtiditicd by statute in this state only in 
 the matters of damages, protests, etc., as shown by Revised Code, art. 3-">. 
 Notes must be paid the day before a Sunday or a holiday, .ludgment notes 
 are not allowed. 
 
 Oaths and Affidavits. — Whenever an oath is required by statute, an 
 affirmation will be sufficient, if made by a penson conscientiously scrupu- 
 lous of taking an oath. 
 
 Partnerships. — (See Liinited Partnerships.) 
 
 Promissory Notes. — (See Notes and Bills of Exchange.) 
 
 Proof of Claims. — The oath of any disinterested credible witness, made 
 and certified as reciuired by statute, proving the payment or delivery of any 
 money, or the delivery or sale of any goods etc., by any merchant or manu- 
 facturer etc., and being an inhabitant of any other of the United States or of 
 any foreign country, sliall be legal evidence in any court to charge the per- 
 son to wlumi such money, goods, etc., shall be so proved to be delivered, and 
 to prove the i)rice and an assumption to pay for the same, provided the party 
 bringing suit shall make (before the true court) in manner re<piired by stat- 
 ute '"that he believes the money, goods, wares, merchandise, effects, or 
 chattels, charged in the account to which such oath shall be annexed, were 
 bona fide delivered as charged ; that he hath not, to his knowledge or belief, 
 received any payment or satisfaction for the articles charged, more than 
 credit is duly given for, in andai>pcaring upon the said a<'count, nor hath he 
 received any security for the same, and that the balance charged and claimed 
 is justly due. according to the best of his knowledge and belief.""
 
 388 MAEYLAND. 
 
 Recording. — {Sec Deeds.) 
 
 Redemption. — {See Mortgages, and Limitations.) 
 
 Replevin. — Is commenced by plaintiff filing with clerk of court, a bond \n 
 :i penalty double the value of the goods which he claims, and with a surety 
 or sureties satisfactory to the clerk. 
 
 Revivor. — A bill of revivor or supplementary bill in proceedings in equity, 
 may be tiled instead of a suggestion of the death of a party, and notice 
 thereof shall be given to the party a'gainst whom the same may be filed, if 
 a resident of this state, by subpcena, or service of a copy of such bill, as the 
 court may direct ; or if the party be a non-resident, or evade service of the 
 summons or copy, or if the residence of the party be unknown, then notice 
 by publication may be given as against non-resident defendants. 
 
 Security for Costs and other Undertakings. — {See Costs, Security for.) 
 
 Stay of Execution. — Where judgments are rendered at the second term 
 after summons, the defendant is entitled by express statute, to a stay of ex- 
 ecution until the first Tliursday of the third term. This privilege applies 
 merely to the counties. In Baltimore city no such stay exists, but execu- 
 tion may issue at any tinre after the entering rip of final judgment, j)rovided. 
 of course, it is not stayed in some other way, i. e., by further legal px-oceed- 
 ing on the part of the defendant in the judgment. 
 
 Defendant may have stay of execution on a judgment for six months by 
 confessing judgment together with two sureties for its payment at the expir- 
 ation of the time. .lustices of the peace have jurisdiction of amounts up to 
 $100. Where the amount of the judgment is $30 or less, the defendant may 
 obtain this stay or supercedeas for six months ; and if above $30, for twelve 
 months. 
 
 Suits. — {See Courts, Jurisdiction of.) 
 
 Supplementary Proceedings. — There are no supplementary proceedings 
 in Maryland similar to those in force in New York and Massachusetts. 
 
 Taxes. — Must be paid as per statute on commissions of executors and ad- 
 ministrators, and on collateral inheritances, distributive shares and legacies. 
 
 Trust Deeds. — {See Assignments.) 
 
 Usury. — {See Interest and Usury.) 
 
 Wages. — No attachments of the wages or hire of any laborer or employee 
 in the hands of the employer, whether private individual or bodies corporate, 
 shall attect any salary or wages of the debtor which are not actually due at 
 the date of the attachment ; and the sum of $100 of such wages or hire due 
 to any laborer or employee by any employer or corporation shall always be 
 exempt fiom attachment by any process whatever. (Act of 1886, c. 65.) 
 
 Wills. — All lands etc., which miglit pass by deed, and which would, in 
 case of the proprietor dying intestate, descend to his or her heirs, or other 
 representatives, except estates tail, and all goods, chattels, or personal prop- 
 erty of any kind which might pass by deed, bill of sale, assignment or deliv- 
 ery, sliall be subject to be disposed of, transferred and passed, by his or her 
 last will or codicil, under the following restrictions : 
 
 All devises and bequests of lands or interest therein, and all bequests of 
 any personal ])i-(»pcrty, shall be in writing, and signed by the party devising 
 or bequeathing the same, or by some other person for him, in his presence
 
 MARYLAND. 389 
 
 and by his express direction, and sliall be attested and subscribed in the 
 jiresenoe of the said devisor, by two or more credible witnesses, or else they 
 shall be utterly void etc. 
 
 No will in writinj;- etc. shall be revocable otherwise than by some other 
 will or codicil in writing, or by burning', cancelling, tearing, or obliterating 
 the same, by the testator himscll", or in his presence, and by his direction 
 iind consent. 
 
 No nuncupative will shall hereafter be valid in this state ; but any soldier, 
 being in actual military servit'e, or any mariner being at sea, may dispose t)f 
 his movables, wages and personel estate as heretofore. 
 
 Every Mill etc., made out of this state, by citizen thereof, shall be held to 
 be valid, if made according to the forms rijquired by law of the place where 
 >;uch person was residing when the same was made, and the said will, when 
 so executed, shall be admitted to probate in any orphans' court of this state. 
 
 Witnesses. — (See Evidence.)
 
 390 
 
 MARYLAND. 
 
 ATTORNEYS IN MARYLAND. 
 
 Bold Face Type denotes county seats. A dash (— ) less than 100 population. 
 Figures after names when admitted to the Bar. A star (*) Notaries Public. 
 A double dagger (|) our Compiler of Laws. 
 A dagger (t) former recommendations withdrawn. 
 
 PLACE. 
 
 Annapolis 
 
 COUNTY. 
 
 Anne Arundle 
 
 NAMES OF ATTORNEYS. 
 
 James Revell. 
 
 POPULA N. 
 
 r,800 
 
 Baltimore. Baltimore County. Population, 335,000. 
 
 Carr, Alfred J., 306 E. Lexington St. 
 Chilton, Harris J., cor Courtland and Lexington Sts. 
 8ee Card in Appendix, page xxx. 
 
 X Johnson, Baker, 6 South St. 
 
 See Card in Appendix, page xxxi. 
 LLOYD, PARLETT, 9 E. Lexington St. 
 Preston, J. H., 220 or 38 St. Paul St. 
 REESE, D. MEREDITH, '68, 110 E. Lexington St. 
 Thomas, Joseph A., 110 St. Paul St. 
 WILCOX, CHARLES E., 8 E. Lexington St. 
 \Neale, Wm. B., 208 N. Calvert St. 
 
 Bel Air 
 
 Berlin 
 
 Bladensburgh 
 
 Cambridge 
 
 Centreville 
 
 Chestertown 
 
 Crisfield 
 
 Cumberland 
 
 Denton 
 
 Easton 
 
 Elkton 
 
 Ellicott City 
 
 Emmitsburg 
 
 Frederick 
 
 Hagerstown 
 
 Hyattsville 
 
 Leonardtown 
 
 Oakland 
 
 Pocomoke City 
 
 Port Tobacco 
 
 Harford 
 
 Worcester 
 Prince Georges 
 Dorchester 
 Queen Anne 
 Kent 
 Somerset 
 
 Allegheny 
 
 Caroline 
 
 Talbot 
 
 Cecil 
 
 Howard 
 
 Frederick 
 
 Frederick 
 
 Washington 
 
 Prince Georges 
 
 St. Mary's 
 
 Gai rett 
 
 Worcester 
 
 Charles 
 
 Prince Fredericktown. Calvert 
 Princess Anne Somerset 
 
 RockviUe Montgomery 
 
 HARLAN ('80) & 
 
 WEBSTER ('81). 
 Edward D. Martin. 
 Marion Duckett, '70. 
 Daniel M. Henry, Jr. 
 John B. Brown. 
 HOPE H. BARROLL. 
 Thomas A. Hodson. 
 J. SEMENS DEVECMON, 
 '81. (Remits promjitly.) 
 Philip W. Downes. 
 f Jump & Todd. 
 WILFRED BATEMAN, '81. 
 Jones & Haines. 
 .John G. Rogers. 
 E. Rowe. 
 C. V. S. LEVY. 
 Wm. T. Hamilton. 
 {See Blandensburgh.) 
 Robert C. Combs. 
 G. S. Hamill. 
 
 C. O. Melvin. 
 R. H. Edelen. 
 
 D. R. Magruder. 
 John W. Chrisfield. 
 Anderson & Bonie. 
 
 1,000 
 1,055 
 466 
 3,000 
 1,300 
 2,600 
 3,500 
 
 12,000' 
 
 700 
 
 3.005 
 
 2,000 
 
 2,000 
 
 1,000 
 
 9,000 
 
 9.000 
 
 288 
 
 500 
 
 1,400 
 
 1,500 
 
 500 
 
 275 
 
 751 
 
 1.200'
 
 MARYLAND. 391 
 
 TY. NAMi:S OF ATTOItNKYS. rOl'UI.A'N. 
 
 Salisbury Wicomico 
 
 Snow Hill Worcester 
 
 St. Micliael's Talbot 
 
 Towson lialtiinoro 
 
 Upper Marlborough Prince Georyes 
 Westminster Carroll 
 
 E. STANLEY TOADWIN. 
 
 \ Titos. F. 1. Rider. 
 
 A. P. Barnes. 
 
 {8ec Edxtoit.) 
 
 K. R. IJoarnian. 
 
 ]{. B. Chew. 
 
 Chas. JJ. Roberts. 
 
 3,651 
 
 1,270 
 1,175 
 1,316 
 541 
 3,341 
 
 BANKS IN MARYLAND. 
 
 Giving the name of town, hank and cashier, and amount of paid-up capital of one 
 bank in each county of this state in which sucli a banking institution is located. 
 
 
 
 
 PAID UP 
 
 PLACE. 
 
 XAME OF BANK. 
 
 CASHIER. 
 
 CAPITAL. 
 
 Annapolis 
 
 Farmers' National Bank 
 
 L. G. Gassaway. 
 
 .$ 251,700 
 
 Baltimore 
 
 Merchants' National Bank 
 
 E. H. Thompson. 
 
 1,500,000 
 
 Bel Air 
 
 Hartford National Bank 
 
 James McAfee. 
 
 50,000 
 
 Cambridge 
 
 National B'k of Cambridge 
 
 W. F. Drain. 
 
 50,000 
 
 Centreville 
 
 Centreville National Bank 
 
 J. F. Rolph. 
 
 75,000 
 
 Chestertown 
 
 Chestertown " •' 
 
 .Joseph Peterson. 
 
 50,000 
 
 Cumberland 
 
 First 
 
 ,J. L. Griffith. 
 
 100,000 
 
 Denton 
 
 Denton " " 
 
 R. T. Carter. 
 
 50,000 
 
 Easton 
 
 Easton Nat Bk of ^laryland 
 
 [ R. Thomas. 
 
 300,000 
 
 Elkton 
 
 National Bank of Elkton 
 
 Chas. B. Finley. 
 
 50,000 
 
 Frederick 
 
 Central National Bank 
 
 Henry Williams. 
 
 200,000 
 
 llagerstown ^ 
 
 Hao-erstown National Bank 
 
 .Joseph Ivausler. 
 
 150,000 
 
 Havre de Grace First " " 
 
 liobt. Iv. Vanneman. 
 
 60,000 
 
 New Windsor 
 
 First 
 
 N. IT. Baile. 
 
 .55,000 
 
 Port Deposit 
 
 Cecil 
 
 R. C. Hopkins. 
 
 100,000 
 
 Rising Sun 
 
 National B'k of Rising Sun 
 
 John D. Haines. 
 
 50,000 
 
 Rockville 
 
 Montgomery Co Nat Bank 
 
 John F. layers. 
 
 50.000 
 
 Salisbury 
 
 Ralisb\iry National Bank 
 
 John II. AVhite. 
 
 50^000 
 
 Taneytowu 
 
 Geo H Birnie & Co 
 
 Geo. H. Birnie. 
 
 13,000 
 
 Uniontown 
 
 Carroll Co Savings Bank 
 
 Jesse T. H. Davis. 
 
 20,000 
 
 Westminster 
 
 First National Bank 
 
 (4co. R. Gehr. 
 
 125,000 
 
 Williamsport 
 
 Washington Co Nat Bank 
 
 J. L. Hotter. 
 
 1.50,000
 
 STATE OF 
 
 MASSACHUSKTXS. 
 
 SUMMARY OF 
 
 Collection Laws. 
 
 CotTRT Calendar, Instructions for taking Depositions, Legal Forms, Etc. 
 
 Expressly Prepared and Revised to Nov. 1st, 1887, for "Showers' 
 
 Legal Directory and Merchants' Guide." for 1888, by' 
 
 Wm. G. Waitt, No. 31 Milk St., Boston, Mass. 
 
 Ackno-wledgments.— (-S^ee Deeds.) 
 
 Actions. — There are three divisions of personal actions, viz. : contract, tort 
 and replevin. In general, they must be brought in the county where some 
 one of the parties lives or has his usual place of business, but if neither party 
 lives in the state, the action may be brought in any county. Actions begun 
 by trustee process (garnishment) must be brought in the county in which 
 some one of the trustees (garnishees) lives or has his usual place of business. 
 Ill replevin the writ is in all cases returnable in the county in which the 
 goods are detained ; and actions concerning land must be brought in the 
 county in which the land lies. 
 
 Administration. — Of Estates of Deceased Persons. — Administration of 
 the estate of an intestate person is granted by the probate court for each 
 county in which the deceased was an inhabitant or resident at the time of 
 decease. 1st. To the widow or next of kin, or the widow jointly with the 
 next of kin as the court may deem fit, or to some person whose appointment 
 is assented to in writing by the widow and next of kin, of full age and legal 
 capacity, resident of this commonwealth; 3d. If the deceased was a mar- 
 ried woman, to her husband, if he is comi>etent and willing to undertake tho 
 trust, unless some testamentary or other disposition of her estate renders it 
 necessary or proper to appoint some other person. 3d. If all said persons 
 are incompetent or evidently unsuitable to discharge the trust, if they re- 
 nounce it, or if without sufficient cause and after having been cited by the 
 court for the i^urpose, they neglect for thirty days after the death of the in- 
 testate to take administration, it shall be granted to one or more of the prin- 
 cipal creditors. 4th. If there is no such creditor willing and competent to 
 undertake the trust, it maybe granted to such person as the court may deem 
 fit. 5th. If there is no widow, husband or next of kin, within the common- 
 wealth, it shall be granted to a public administrator in preference to credi- 
 tors. Every administrator, before entering on the execution of his trust, 
 must give a bond with sufficient surety, or sureties, in such sum as the court 
 may order, usually twice the value of the personal estate, with condition to 
 make and return to the court, within three months, a true inventory of the 
 intestate's real and personal estate, which shall have come to the possession 
 [Muss. I.l
 
 MASSACHUSETTS. 393 
 
 or knowledge of the administrator; to administer accordiu;^ ti> l.iw all such 
 j»ersonal estate, and the proceeds of any of tlie real estate sold or inoitt^aged 
 by him ; to render upon oath a true account at least once a year, unless ex- 
 cused by the court, and at such other times as the court may order; to pay to 
 such i)ersons as the court may direct anyl)alan(e remaininif in his hands upon 
 the settlement ot his accounts, and to deliver his letters of administration into 
 the court in case any will of deceased is thereafter duly proved and allowed, 
 lie may f;ive his personal bond and be exempt from giving a surety, or sure- 
 tics ou his bond, when all persons interested in the estate of fidl age and 
 legal cai)acity, other than creditore, certify their consent thereto, but may 
 subsequently be required by the court, for sufficient cause, to give a bond 
 with sufficient surety or sureties. Administration shall not be originally 
 granted after the expirati()n of twenty years from the death of intestate, ex- 
 cept that when any properly, or claim or right thereto, belongs or thereafter 
 accrues to the estate and remains to be administered, the probate court may 
 iirant original ailministr.itiou on such property, but it shall allect no other 
 property. If a sole administiator dies before he completes his trust ov is re- 
 moved or resigns, administration de bmiis non will be granted to some suit- 
 able i)erson, provided, there is jjersonal estate not administered to the 
 amount of twenty dollars, or debts to that amount are remaining due from 
 the estate. When no executor is named in a will, or the executor therein 
 named is dead, or refuses to accept the trust, or fails to give bond for twenty 
 days after the probate of the will, or is a minor or otherwise legally incom- 
 petent, administration with the will annexed is granted to the person who 
 would have been entitled thereto if the deceased had died intestate. When 
 a citizen of another state or county dies leaving estate to be administered in 
 this commonwealth, administration of such estate may be granted here, as 
 ancillary or auxiliary to the principal administration granted in the jurisdic- 
 tion where the deceased dwelt, and application must be made to the probate 
 court of the county in which he left estate to be administered. Public ad- 
 ministrators are entitled to administer upon the estates of persons who die 
 intestate, leaving property to be administered and not leaving a known hus- 
 band, widow or heir in the commonwealth. Non-residents maybe ajipointed 
 executors and administrators, but before entering upon the duties of the 
 trust, must in writing, appoint an agent, residing here, upon "whom legal 
 process can be served. 
 
 AfB.davits. — {See Depositions.^ 
 
 Aliens. — Resident or non-resident may take, hold, transmit and convey 
 real estate as citizens. 
 
 Appeals — A party aggrieved by the judgment of a municipal police dis- 
 trii-t oi' justi(;es' court, may appeal to the superior court. The ai)i)eal must 
 be claimetl within twenty-four hours, after judgment is rendered. 
 
 Arrest. — On mesne process and execution. 
 1. Oil mesne process. 
 
 No person can be arrested on mesne process, in an action of contract, unless 
 the i)laintiff or some person in his behalf makes affidavit, and proves to the 
 satisfiiction of a master in chancery, or one of certain other magistrates, 1st. 
 That he has a good cause of ai^tion and reasonable expectation of recovering 
 a sum amounting to twenty dollars, exclusive of all costs which have acciiied 
 in any fomier action ; 2d. That he bt'lievcs, and has reason to believe, that 
 the defendant has property not exempt from being taken on execution, which 
 he does not intend to ai)ply to the payment of the ])laintiflrs claim, and 3d. 
 That he believes, and has reason to believe, that the defendant intends to 
 leave the state, so that execution, if obtained, cannot be served upon him, 
 or (instead of the seccmd and third) that the defendant is an attorney at law, 
 that the debt sought to be recovered is for money collected by the tlefeudant 
 [Mass. 2.]
 
 39 i MASSACHUSETTS. 
 
 for the plaintiff, and that the defendant unreasonably neglects to pay the same 
 to the plaintiff. No person can be arrested on mesne process in an action of 
 tort, unless the plaintiff or some person in his behalf, makes oath that he be- 
 lieves, and has reason to believe, that he has a good cause of action against 
 the defendant, that he has reasonable expectation of recovering a sum equal 
 at least to one-third the damages claimed in the writ, and that he believes, 
 and has reason to believe, that the defendant intends to leave the state, so 
 that if execution be obtained, it cannot be served upon him. No person can 
 be arrested on mes/ie process in a civil action, for slander or libel. No woman 
 can be arrested on mesne process, except for tort. 
 2. O/i Execution. 
 A judgment-debtor may be arrested in a civil action, on an execution 
 amounting to twenty dollars or more, exclusive of all costs, provided, the 
 judgment-creditor, or some person in his behalf, makes affidavit, and proves 
 to the satisfaction of the proper magistrate, that he believes, and has good 
 reason to believe, 1st. That the debtor has property not exempt from being- 
 taken on execution, which he does not intend to apply to the i)ayment of the 
 plaintiffs claim ; or 2d. That since the debt was contracted or the cause of 
 action accrued, the debtor has fraudulently conveyed, concealed, or other- 
 wise disposed of some part of his estate with a design to secure tho same to- 
 his own use, or defraud his creditors ; or 3d. That since the debt was con- 
 tracted, or the cause of action accrued, the debtor has hazarded and paid 
 money or other property, to the value of one hundred dollars or more, in some 
 kind of gaming jirohibited by the laws of this state ; or 4th. That since the 
 debt was contracted, the debtor has wilfully expended and misused his goods 
 or estate, or some part thereof, for the purpose of enabling himself to swear 
 that he has not any estate to the amount of $20, except such as is exempt 
 from being taken on execution , or 5th. If the action was founded on con- 
 tract, that the debtor contracted the debt with an intention not to pay the 
 same ; or 6th. That the debtor is an attorney at law ; that the debt upon- 
 which the judgment on which the execution issued was recovered, was for 
 money collected by the debtor for the creditor, and that said attorney unrea- 
 sonably neglects to pay the same. 
 
 But the magistrate must, before granting the certificate aixthorizing arrest, 
 issue notice to the debtor to appear and submit to examination touching said 
 charges, and the creditor must prove to the satisfaction of the magistrate 
 that the charges, or some of them are true. 
 
 A magistrate, before authorizing the arrest of tire debtor, upon the first of 
 the above charges, (unless it appears that the debtor intends to leave the 
 state), shall issue a notice to the debtor, to appear and submit to examina- 
 tion, upon oath, touching his estate. The examination is oral, unless one of 
 the parties requests it in writing, and any property of tlie debtor thus dis- 
 closed, above the amount of twenty dollars, and not exemjit from being taken 
 on execution, must be assigned by the debtor to the creditor, or produced to 
 be taken on the execution, and applied to the payment thereof, whereupon 
 the debtor is exempt for throe years from arrest by said creditor, upon the 
 same charge and cause of action. 
 
 A female debtor may be compelled to submit to a similar examination ia 
 the court of insolvency, and to apply her property thus disclosed to the pay- 
 ment of tlie execution. When arrested on mesne process, the debtor may 
 procure bail, and when arrested on mesne process, or on execution, he may 
 recognize, for his appearance within thirty days, to take the oath for the re- 
 lief of i)oor debtors, or that he does not intend to leave the state ; and upon 
 giving tlie notice prescribed by statute, he shall be examined, and if the 
 magistrate is upon such examination, satisfied of the truth of the oath to be 
 taken, he shall discharge the debtor, and make a certificate thereof. 
 
 Assignments. — (See Insolvent Laws.) 
 [Mass. ;j.j
 
 MASSACHUSETTS. 305 
 
 Attachments. — All roal and personal property liable to be taken on execu- 
 tion, may l>e attathed upon tlie ori<^inal writ, and held as security to satisfy 
 such judfTiiieut as the plaintirt' may recover, but no attachment of real es- 
 tate can be made on a -svrit returnable before a trial justice, or police district, 
 or municipal court, unless the debt or damages demanded therein, exceed 
 twenty dollars. Railroad cars and engines in use, and making regular pas- 
 sages, and steamboats so in use upon water routes, cannot be attached with- 
 in forty eight hours previous to fixed time of departure, unless a demand for 
 other property to be attached has been refused. No ship or vessel can be 
 attached, unless a declaration is inserted in the writ, and the plaintirt" or some 
 IKM-sonin his behalf, makes affidavit before the proper magistrate, that he has 
 a good cause of action and reasonable expectation of reeoveinng one-third. 
 the damages demanded. 
 
 Shares of stock in corporations organized under the laws of this state, or 
 under the laws of the United States, and located or having a general otHce ii» 
 tiiis state, may be attached. 
 
 Mortgaged personal property in the pos.session of the mortgagor, may be 
 attached, and the mortgagee summoned as trustee, for examination, in re- 
 gard to the consideration of the mortgage, and the amount due thereon. If 
 he is not so summoned, the attaching creditor must pay or tendertothe mort- 
 gagee or holder of the propertj', the amount due on the mortgage, within ten. 
 days after written demand, or the attachment will be dissolved. 
 
 No bond is required in making an attachment, but the creditor, if non- 
 resident, should furnish an indorser of the writ, resident in this state, or pay 
 an amount which will be sufficient security for the costs. At any time dur- 
 ing the pendency of the suit, libel, petition, or other proceeding at law or iu 
 equity, in which an attachment is allowed, an attachment of defendant'.^ 
 property by trustee process or otherwise, may be made by a special pre- 
 cept. 
 
 Where an attachment is made of live animals, or of goods or chattels 
 which are perishable, or which camiot be kept without great expense, the 
 same may be sold, and the proceeds held subject to the attachment ; and so- 
 if all parties consent in writing to a sale. Attachments by trustee process or 
 ()therwise, may be dissolved by the defendant, at any time before final judg- 
 ment, by his giving bond with sureties, with condition to pay to the plaintirt* 
 the amount he may recover, within thirty days after final judgment, or with- 
 in the same time, any special judgment which may be rendere<l ; and attach- 
 ments may also be dissolved, by giving a bond to pay, within said time, the 
 value of the property attached. 
 
 An assignment in proceedings under the insolvent law, dissolves all attach- 
 ments made, not more than four months prior to the time of the first i)ubli- 
 cation of the notice of issuing the warrant in such proceedings. Ordinarily 
 attaching creditors take precedence in the order of their respective attacli- 
 ments. 
 
 Bills of Exchange and Promissory Notes. — Bills of exchange, drafts, 
 promissory notes and contracts, due ou Sunday or a legal holiday, are pay- 
 able or ])erformablc upon the business day next preceding. 
 
 I*resentment aud demand must be madt; within sixty days after the date of 
 a demand note to charge an indorser tliereon. Indorsers on notes are held 
 upon proof of due demand upon the maker, and notice thereof as at common 
 law. 
 
 Checks may be paid within ten days, and orders on savings banks within 
 thirty days after the death of drawer. 
 
 A note is prima facie payment, and a protest duly certified by a notary 
 public is prima facie evidence of the facts stated therein, and of demand 
 and notice. 
 
 Bills of Lading and Warehouse Receipts. — The receipt of a public 
 warehouseman is negotiable, and by indorsement and delivery passes the 
 
 [Mass. i.\
 
 396 MASSACHUSETTS. 
 
 title to goods and chattels stored in a public warehouse, unless the person de- 
 positing property for storage, requests a non-negotiable receipt. Assignments 
 •of such non-negotiable receipts are not eftectual until recorded upon the 
 books of the warehouseman issuing them. As to bills of lading see Factors. 
 
 Chattel Mortgages. — Mortgages of personal property need not be under 
 seal, nor acknowledged, but must be recorded on the records of the city or 
 town where the mortgagor resides when the mortgage is made, and on the 
 records of the city or town in which he then principally transacts his busi- 
 ness, or follows his trade or calling. If the mortgagor resides out of the 
 commonwealth, when the mortgage is made, his mortgage of personal pro- 
 perty here must be recorded on the records of the city or town where the 
 property then is. Unless so recorded within fifteen days from tiie date writ- 
 ten in the mortgage, and when two places of record are required in the 
 second, within ten days from the date of the first record, it is not valid 
 against third parties, unless the property mortgaged is delivered to, and re- 
 tained by the mortgagee ; and any record of a mortgage made subsequently 
 to the time limited, is void and of no eftect. 
 
 Mortgages of personal property follow substantially the same forms as 
 those of real estate, including the power of sale. 
 
 Claims against Decedents' Estates. — No execution or administration can 
 be held to answer to a suit by a creditor of the deceased, which is commenced 
 within one year after his giving bond for the discharge of his trust, unless 
 such suit is for the recovery of a demand not affected by tlie insolvency of 
 the estate, or is brought after the estate is represented insolvent, for the pur- 
 pose of ascertaining the amount of a contested claim ; and all suits must be 
 commenced within two years from the time of giving bond, except when 
 brought to reachnew assets received after the two years. If a suit reason- 
 ably commenced, fails by reason of a defect in form or process, a new action 
 may be commenced for the same cause of action, within one year after the 
 abatement or other determination of the original action. A creditor whose 
 claim has not been seasonably prosecuted, and who is not chargeable with 
 culpable negligence, may obtain relief in equity in the supreme court, if the 
 •court is of opinion that justice and equity retjuire it. 
 
 A new administrator appointed on tlie death, resignation or removal of an 
 executor or administrator is liable to the actions of creditors, for two years 
 after he has given bond, unless such actions were barred prior to the termi- 
 nation of the previous administration. An action to recover a legacy may be 
 brought at any time, but if payment is required of an executor or adminis- 
 trator, within two years after his giving bond, the legatee may be reqiiired to 
 give a bond witli sureties, conditioned to refund the amount paid, or so nuich 
 thereof as may be necessary to satisfy any demands afterwards recovered 
 against the estate. If an executor or administrator fails to give notice of his 
 appointment, within three months after giving bond, and to make and file 
 affidavit thereof, within one year or afterwards, by leave of court, the time 
 limited for the commencement of an action against him, begins to run from 
 the time the probate court shall order notice to be given. 
 
 If an executor or administrator who has given due notice of his appoint- 
 ment, does not, within one year thereafter, have notice of demands against 
 tlie estate which authorize him to represent it insolvent, he may proceed to 
 pay the debts due, and sliall not be personally liable though the estate re- 
 maining should not be sutlicient to jjay all the debts afterwards presenteil. 
 If tlie estate is insufticient to pay all the debts of the deceased, it should be 
 represented insolvent, and commissioners appointed to receive and examine 
 claims, which after discharging the necessary expenses of the funeral and 
 last sickness, and tlie cliarges of administration, aie entitled to preference in 
 the following order : 1st. Debts entitled to a preference under the laws of 
 the United states ; 2d. Public rates, taxes, and excise duties ; 3d. Wages or 
 ^compensation to an amount not exceeding one hundred dollars, due to a clerk, 
 
 [Mass. 5.]
 
 MASSACHUSETTS. 397 
 
 servant, or operative, for labor performed within oneyearnext preceding the 
 death of deceased ; or for hibor, for the payment of which a judgment has 
 been rendered ; 4th. Debts <hie to all other persons. 
 
 Equitable liabilities may be proved. No special form of proof is required, 
 and claims must be presented within six months after the appointment of the 
 commissioners, unless further time is allowed by the court, not exceeding 
 
 eighteen months. 
 
 • 
 
 Conditional Sales of Personal Property. — All contracts for the sale of 
 furnituie or otlu-r Imusuhold etfccts, made on condition that the title to the 
 property sold shall not pass until the price is paid in full, must be in writing, 
 and a copy thereof furnished the vendee by tlie vendor, at the time of sale ; 
 and all payments maile, and all charges as they accrue, nuist be endorsed 
 by the vendor, upon such copy, if the vendee so requests. In all conditional 
 sales, if the vemlor takes i)ossessiou of tlie property, for failure to comply 
 with the condition, the vendee has the right within fifteen daysafterthe tak- 
 ing, to redeem the property taken by paying to the vendor the full amount 
 of the price then unpaid, with interest and all lawful charges and expenses 
 due to the vendor ; and in the case of furniture or other household efl'ects, 
 the vendor, upon taking i)ossession, must furnish the vendee or other person 
 in charge of the i)roperty, an itemized statement of the account, showing the 
 amount then due thereon, and the fifteen days allowed for redemption, does 
 not begin to run until such statement is furnished, provided the vendee or 
 other person in charge can be found by the vendor by the exercise of reason- 
 able care and diligence. 
 
 Corporations. — Domestic and Foreign. — The general corporation act au- 
 thorizes the organization of a corporation for the purpose of carrying on any 
 lawful business, except buying and selling real estate, banking and insur- 
 ance. Corporations so organized are managed by a president, board of iu)t 
 less than three directors (one of whom is the president), clerk, treasurer, and 
 such other officers as the corporation may authorize. Proxies must be dated 
 within six months before tlie meeting at which they are used, if the maker 
 resides in the United States, and no proxy can cast more than fifty votes un- 
 less all the shares represented are owned by one person. Stock is transfer- 
 able by written instrument, and all records of transfers must be made and 
 kept by au officer resident here. The whole amount of capital stock must 
 be paid in, in cash or property, and a certificate filed before the corporation 
 commences the transaction of business. An annual certificate of the condi- 
 tion of the corporation must be filed within thirty days after the annual 
 meeting. The stockholders in any corporation are lial)le i'or its debts or con- 
 tracts only in the following cases : 1st. For those contracted before the 
 original capital is fully paid in, but only those stockholders who have not 
 paid in full the par value of their shares, and tliose who have purchased such 
 .shares with knowledge thereof are so liable for such debts. 2d. For those 
 existing when the capital is reduced to the extent of the sums withdrawn 
 and paid to stockholders. 3d. For those when special stock is created, until 
 the special stock is fully redeemed. 4th. For those due to operatives for 
 services rendered within six months before demand and refusal of payment. 
 The liability is enforced by bill in equity after judgment against the corpora- 
 tion and the return of the execution unsatisfied for thiity days after de- 
 mand. Foreign corporations having property here may be sued and an at- 
 tachment of the property made. Every such corporation having a usual 
 place of business hero nuist, before doing business, appoint in writing the 
 commissioner of corporations to be its attorney, upon whom service of pro- 
 cess may be made, except foreign insurance companies, who must in like 
 manner appoint the insurance commissioner, upon whom service of process 
 may be made. 
 
 Costs, Security for. — In actions inwhiih the plaintiff is not au iuhabit- 
 [Mass. 6.]
 
 398 MASSACHUSETTS. 
 
 ant of this state the writ should be indorsed by some person who is an in- 
 habitant, as security for the costs, and such indorser is liable for all costs 
 awarded against the plaintiff. If no indorser is furnished an attorney bring- 
 ing an action is pei'sonally liable for the costs awarded against a non-resident 
 ■creditor, and for his protection the creditor should pay in advance at least 
 twenty-tive dollars. 
 
 Courts. — Terins and Jurisdiction of. — See court calender of Massachu- 
 setts. 
 
 The Supreme Judicial Court has general superintendence of all courts of 
 inferior jurisdiction and has original and exclusive jurisdiction of the trials 
 of indictments for ca})ital crimes and actions upon probate bonds, and origi- 
 nal and concurrent jurisdiction with the superior court of petitions for par- 
 tition and writs of entry for foreclosure of mortgages, and of civil actions, 
 except actions of tort, in whicli the damages demanded or property claimed 
 exceed lour tiiousand dollars if brought in the county of Suffolk, and one 
 tliousand dollars if brought in any other county. No action of tort can be 
 brought in or removed to this court. Questions of law raised in this and the 
 superior court are heard and determined by the full court. This court has 
 jurisdiction of all matters cognizable under the general principles of equ.ity 
 jurisprudence and has appellate jurisdiction of all matters determinable by 
 the probate courts, except in cases in which other provisions are specially 
 made. 
 
 Tlie Superior Conrt has exclusive original jurisdiction of petitions for 
 divorce and nullity of marriage, complaints for flowing lands, claims against 
 the commonwealth, actions of tort, except those of which the police, dis- 
 trict or municipal courts or trial justices have concurrent original jurisdic- 
 tion and original jurisdiction of all civil actions, except those of which the 
 supreme judicial court, police, district or municipal courts or trial justices 
 have exclusive original jurisdiction. It has original and concurrent jurisdic- 
 tion with the supreme judicial court of all equity matters, petition for par- 
 tition and writs of entry for the foreclosure of mortgages and of all civil 
 actions, except actions of tort, in which the sum demanded or property 
 claimed exceeds four thousand dollars if brought in the county of Suffolk. 
 and one thousand dollars if brought in any other county, and original and 
 concurrent jurisdiction with police, district and municipal courts and trial 
 justices where the sum demanded or the property claimed exceeds one hun- 
 dred dollars in cases where such courts and justices have jurisdiction, except 
 actions of replevin of beasts distrained, and except that the muuicipal court 
 of Boston has original and concurrent jurisdiction where the damages do 
 mot exceed one tliousand dollars. It also has jurisdiction of all civil actions 
 and proceedings brought before it by appeal, or otherwise, from trial jus- 
 tices, police, district or municipal courts, or courts of insolvency, and origi- 
 nal jurisdiction of all crimes, except capital cases, and appellate jurisdiction 
 of all offenses tried and determined before a police, district, or municipal 
 court or trial justice. No action can be commenced in tliis court wherein 
 ■the debt or damages demanded do not exceed one hundred dollars. 
 
 TJie Probate Court for each county has jurisdiction of the probate of, and all 
 matters relating to wills, of granting administration of the estates of persons 
 who at the time of their decease, were inhabitants of, or resident m the county, 
 and of persons who die out of the commonwealth, leaving estate to be ad- 
 ministered withiu such county, of the appointment of guardians to minors 
 and others, of all matters relating to the estates of such deceased persons and 
 Avards, of petiticms for tlie adoption of children, and for the change of names, 
 .and for the jn-titjous of married women, concerning their separate estate and 
 concerning the care, custody, education and maintenance of minor children. 
 Also, all matters relating to trusts, under wills or other instruments, and the 
 partition of tlie real estate of deceased iiersons. The probate courts are also 
 •courts of iusolvency. 
 
 [Mass. 7.]
 
 MASSACHUSETTS. 399 
 
 Police, District and Municipal Courts, and trial justices liave exclusive 
 •original jurisdiction of actions of forcible entry and detainer, commonly 
 known as actions of ejectment, and of actions of contract, tort and rei)levin. 
 ■wherein the debt or damages demanded, or value of tlieproiici'ty claimed, does 
 not exceed one hundred dollars ; aiul the original or comnirrent jurisdiction 
 with the superior court, in .such actions, wherein the debt or damages de- 
 manded, or value of the i)roi)erty claimed exceeds one hundred, and does not 
 exceed three hundred dollars, except tliat the municipal court of the city of 
 Boston has origmal and concurrent jurisdiction to the sum of one thousand 
 tloUars. 
 
 Court Calendar. - 
 
 UNITED .STATES COURTS. 
 
 Associair Justice Suprrinr Court, Horace (Jray, of Massachusetts, ('ircuif Judf/r. 
 Lc Baron B. Colt, of Bristol, R. I. Dixtricl .ladiie, Thomas L. Nelson, of Worcester. 
 Cl''rk of Circuit ("ourt, John C Stetson, of Boston. Clfrk of Dixtricl Court, Clement 
 Hugh Hill, of Boston. Marxhal, Gen. Nathl 1". Banks. 
 
 7erms of Circuit Court.— 'Sls.y loth and October loth. First Monday in each 
 month is a Rule Day. 
 
 Terms of Dixlrict Court.— 'id. Tuesday of Murcli, Itli Tuesd.iy of .Iiuie, I'd Tuesday 
 of September, 1st Tuesday of December. 
 
 STATE COURTS. 
 
 .SUPREME JUDICIAL COURTS. 
 
 Chief Justice, Marcus Morton, of Andover. Axxociate .Tuxticex, Walbridge A. 
 Field, of Boston; Charles Dovcns. ot Boston; William Allen, of Northampton; 
 Charles .\lleu, of Boston ; Oliver Wendell Holmes, .Jr.. of Boston ; William s. Gard- 
 ner, of Newton. Clerk for the Cominoiuvt'idtli, George W. Nichols, of Boston, for 
 Suflolk County, John Noble, of Boston. 
 
 .SITTINGS OF THE COURT. 
 I>AW TERMS. 
 
 For the Commonwealth. For the determination of questions arising in the coun- 
 ties of Barnstable, Middlesex. Norfolk and Suffolk, and in other counties where 
 special provisions are not made therefor; at Bosti>n, 1st Wednesday in .January 
 usually continued by adjournment to the 1st Tuesday of March, and again to 2d 
 Tuesday of November. In the other counties as follows: Berkshire, at Pittsfleld, 
 2d Tuesday of September. Franklin and Hampshire, at Greenfield (odd years) and 
 Nortliam|)ton (even years), 1st Monday after 2d Tuesday of September. Hampden, 
 at Spri nglield, 2d Monda.y after 2d Tuesday of September. Worcester, at Worcester, 
 :M Monday after 2d Tuesday of September. Plymouth, at Plymouth, 8d Tuesday of 
 October. Bristol, Dukes County and Nantucket, at Tauton, 4th Tuesday of October. 
 Essex, at Salem, 1st Tuesday of November. 
 
 .Il_'RY TERMS. 
 
 Barnstable, at Barnstable, 1st Tuesday of May, Berkshire, at Pittsfleld. 2d Tues- 
 day of May. Bristol, Dukes County and Nantucket, at Tauton, Hd Tuesday t>f 
 April, and at New Bedford, 2d Tuesda.v of NoveniV)er. Essex, at Salem, ;!d Tuesda.v 
 of April and 1st Tuesday of November. Franklin, at Greenfield, 2d Tuesday of 
 April. Hampden, at Springfield, 4th Tuesday of April. Hampshire, at Northamp- 
 ton, ;id Tuesda.v of April. Middlesex, at Lowell, 3d Tuesday of April, and at Cam- 
 ))ridge, .'id Tuesday of October. Norfolk, at Dedhani, 3d Tuesdav of Februarv. 
 Plymouth, at Plyhiouth, 2d Tuesday of May. Suffolk, at Boston, "ist Tuesday of 
 April and 2d Tuesday of Septemlier. Worcester, at Worcester, 2d Tuesday of April. 
 
 Tfearinr/x in Equil)/ may be had at any t i me throughout the year at Boston before 
 a single justice. wh<i by his rescript may make decrees and orders in suits in any 
 county. (P. S. C, 151, sec. 30.) 
 
 A justice is in attendance in Springfield on the 1st Mondays of February, .Tune, 
 Augustand December, for the hearing of all matters In equity in Berkshire, Frank- 
 lin, Hampshire and Hampden, and hema.vsend his rescript to the clerk of coiu-ts 
 for any of said counties. (P. S. C, 151, see. 31.) 
 
 SUPERIOR C'oUliT. 
 
 Chief .Tuxtire, Lincf)ln F. Bri'.rham, of Salem. AsxoeiatH .Tudf/ex, Robert C. Pitman, 
 of Newton; .John W. Bacon, of Natick; P. l-^inor.v Aldrich, of Worcester; Hamil- 
 ton B. Staples, of Worcester ; Marcus J'. Knowlton, of Springfield ; Caleb Blodgett, 
 of Boston; Albert Mason, of Brooklinc : .Tames'M. Barker, of Pittsfleld ; Charles P. 
 Thompson, of Gloucester; John W. llanunond, of Camljridge; .Justin Dewey, of 
 Great Barrington. 
 
 [Mass. 8.]
 
 400 MASSACHUSETTS. 
 
 SITTINGS OF THE COURT. 
 
 Barnstable, at Barnstable, Tuesday next after 1st Monday of April and 2d Tues- 
 day I 
 ary, 
 Bristol, 
 
 Mav and Septe"iTibe"r"""E'ssexrtor civil business, at .Salem, 1st Mondays of Juno and 
 December at Lawrence, 1st Monday of Marcb, and at Newburyport, 1st Monday ol 
 September- for criminal business, at Salem, 4th Monday of January, at ISewbury- 
 port 1st Monday of May, and at Lawrence, 1st Monday ol October, tranklin, at 
 Gree'nfleld 3d Monday of March, and 2d Mondays of August and November. 
 Hampden 'at Springfle"ld, for civil business, 2d Mondays of March and June and 4th 
 Monday of October; for criminal business, 1st Monday of May, 4th Monday of 
 Septem'ber and 8d Monday of December. Hampshire, at Nortliampton. for civil 
 business 3d Monday of February, 1st Monday of June and 3d Monday of October; 
 for criminal business, 2d Monday of June and 3d Monday of December. Middlesex, 
 for civil business, at Lowell, 2d Monday of March and 1st Monday of .September, 
 and at Cambridge, 1st of June and 2d Monday of December ; for criminal business, 
 at Cambridge, 2d Monday of February and 1st Monday of June, and at Lowell, 8d 
 Monday of October. Nantucket, at Nantucket, 1st Tuesdays of July and October. 
 Norfolk, at Needham. for civil business, 4th Mondays of April, September and 
 December; for criminal business, 1st Mondays of April. September and December. 
 Plymouth, at Plymouth, 2d Mondays of February and June, and 4th Monday of 
 October. .Suffolk, at 15oston, for civil business, 1st Tuesdays of January, April, Jul.v 
 and October; for criminal business, 1st Monday of every month. Worcester, for 
 civil business, at Worcester, 1st Monday of March, Monday next after 4th Monda.v 
 of August, and 2d Monday of December, and at Fitchburg, 2d Mondays of .Tune and 
 November; l<ir criminal business, at AVorcester. 3d Monday of .January, 2d Monday 
 of May and 3d Monday of October, and at Fitchburg, 2d Monday of August. 
 
 By the Statute of lS83.ch. 223, equity jurisdiction is given to Superior Courts, and 
 they are open for equity liearings at all times, every first Monday being a rule day_ 
 
 By the Statute of 1885, ch. .384. the first Monday of every month is made a return 
 day in every county in both the Supreme, Judicial, and Superior Courts, and the 
 courts are always open. Terms of courts abolished, but sittings are held as before 
 and as shown above. 
 
 Probate and Insolvency Courts are held in each county. 
 
 Curtesy. — When a man and his wife are seized in her right, and when a 
 married woman is seized to her sole and separate use of an estate of inherit-^ 
 ance in lands, and they have issue born alive which might havp inherited 
 such estate, the husband, on the death of the wife, holds the lands for his 
 life, as a tenant thereof by the curtesy. If they have had no such issue, he 
 holds one-half such lands for his life. If she dies and leaves no issue living, 
 he takes her real estate in fee, to an amount not exceeding five thousand dol- 
 lars in value, and also has an estate by the curtesy in her other real estate. 
 If she dies intestate, and leaves no kindred, he takes the whole of lier real 
 estate in fee. 
 
 The will of a married woman made without the husband's written consent, 
 does not deprive him of his tenancy by the curtesy, or of his right to the use 
 of one-half of her real estate for his life, if they have had no issue born alive ; 
 unless a proper court, having jurisdiction, has entered a decree estal)lishing 
 the fact of the husband's desertion, and the wife's living apart from him for- 
 justifiable cause. 
 
 Deeds. — Conveyances of land are made by deed executed by the person, or 
 by the attorney of the person having authority therefor, acknowledged by 
 the grantors, or one of them, and recorded in the registry of deeds, for the 
 county or district in which the land conveyed is situated. 
 
 Deeds conveying real estate must be acknowledged by the grantors, or one 
 of them, or by the attorney executing the same — in this commonwealth, be- 
 fore a justice of the peace or notary public — in any othfer portion of tlie 
 United States, before a justice of the peace, notary public, magistrate or 
 commissioner appointed for the pnr]»ose, by the governor of this common- 
 wealth — in a foreign cotmtry before such justice, notary, magistrate or com- 
 missioner or before a minister or consul of tlie United States, or a consular 
 oflficer of the United States, accredited to such country. 
 
 [Mass. fl.l
 
 MASSACHUSETTS. 401 
 
 [Form of Certificate.'] 
 Statk op , ) gg 
 
 C0U5TY OF , ^ ■ 
 
 Januaiy 1st, A, D. 1887. 
 
 Then personally appeared the above named A. B., and acknowledged 
 the foregoing instrument to be his free act and deed, before me. 
 
 J. D., Justice of the Peace. 
 
 When an acknowledgment is taken out of the state, by a justice of the 
 peace or notary public, a certificate of his authority, made by the secretary 
 of state, or a clerk of a court of record, should be annexed. 
 
 A scroll does not answer for a seal. 
 
 A wife need not be examined separate and apart from her husband. 
 
 A deed or mortgage may be recorded at any time, but unless recorded, it 
 is not valid against any persons except the grantor and his heirs or devisees, 
 and persons having actual notice of it. All powers of attorney to convey 
 lands must be acknowledged and recorded with the deed. 
 
 Descent and Distribution.— Real estate descends, 1st. In equal shares 
 to children and the issue of any deceased child, by right of representation ; 
 and if there is no surviving child of the intestate, then to all the other lineal 
 descendants. If all such descendants are in the same degree of kindred to 
 the intestate, they share the estate equally, otherwise they take according to 
 the right of representation ; 2d. If intestate leaves no issue, then in equal 
 shares to the father and mother ; 3d. If no issue nor mother, then to the 
 father ; 4th. If no issue nor father, then to the mother ; 5th. If the intestate 
 leaves no issue, andno father nor mother, then to the sisters and brothers, 
 and to the issue of any deceased brother or sister, by right of representation ; 
 and if there is no surviving brother or sister of the intestate, then to all the 
 issue of his deceased brothers and sisters. If all such issue are in the same 
 degree of kindred to the intestate, they share the estate equally, otherwise 
 they take according to the right of representation ; 6th. If intestate leaves 
 no issue, and no father, mother, brother or sister, and no issue of any deceased 
 brother or sister, then to his next of kin, in equal degree, except that when 
 there are two or more collateral kindred in equal degree, but claiming t hrough 
 different ancestors ; those who claim through the nearest ancestor shall be 
 preferred to those claiming through an ancestor who is more remote ; 7th. If 
 the intestate leaves a widow and no kindred, she takes the whole of his real 
 estate ; and if the intestate is a married woman, and leaves no kindred, the 
 husband takes the whole of her real estate ; 8th. If the intestate leaves no 
 kindred, and no widow or husband, the estate escheats to the commonwealth. 
 
 Kindred of the half-blood inherit equally with those of the whole blood, 
 in the same degree. 
 
 Personal estate is distributed like real estate, except that a husband, if 
 there be children, takes one-half of his wife's personal estate ; if no children, 
 the whole. A widow, if tliere are children, takes one-tliird of her husband's 
 personal estate ; if no children, she takes the whole, up to five thousand dol- 
 lars, and one-half the excess above ten thousand dollars , and if no kindred, 
 she takes the whole. 
 
 Tlie real estate here, of a deceased non-resident, intestate, descends ac- 
 cording to the rules of descent in this comnn)nwealtli. and his personal estate 
 is distributed and disposed of according to the laws of the state or country 
 of which deceased was an inhabitant. 
 
 Depositions. — The deposition of a witness without the state may be taken 
 
 under a I'onimission issued to one or more competent persons, in any other 
 
 state or county by the court in which the cause is pending, or it may be 
 
 taken before a commissioner appointed by the governor for that pui"pose in 
 
 [Mase. 10.]
 
 402 MASSACHUSETTS. 
 
 any part of the United States or in a foreign country, and in either case it 
 may be used in the same manner and subject to the same conditions and ob-. 
 jectious as if it liad been taken in tliis state. Every deposition taken before 
 commissioners must be taken upon written interrogatories, to be exhibited 
 to tlie adverse party, or his attorney, and cross-interrogatories to be filed by 
 him if he thinks fit, but where tlie adverse party does not api)ear to defend 
 his cause such interrogatories need not be exliibited to him nor notice given 
 him of the same. Depositions and affidavits taken out of the state, in any 
 other manner tlian as above stated, if taken before a notary public or other 
 person authorized l)y the laws of any other state or country to take deposi- 
 tions, may be admitted or rejected at the discretion of the court, provided 
 the adverse party had sufficient notice of the taking thereof and opportunity 
 to cross-examine the witness, or that from the circumstances it was impos- 
 sible to give such notice. All oaths and affidavits taken by a notary public, 
 within the jurisdiction for which he is duly commissioned and qualified, and 
 certified under his official seal are as eifectual in this state as if administered 
 and certified by a justice of the peace therein. 
 
 {Form of Commission for taking Deposition — Instructions to Magistrate 
 and Certificate.} 
 
 Commonwealth of Massachusetts. 
 
 County of Suffolk, 
 
 ''}■ 
 
 To any commissioner ai^pointed by the governor of said commonwealth of 
 Massachusetts, or to any justice of the peace, notary public, or other officer 
 legally empowered to take depositions, or affidavits in 
 Greeting : 
 
 Assured of your prudence and fidelity, we do by these presents, appoint 
 
 and empower you to take the deposition of to be used in a suit now 
 
 pending in our superior court, between as plaintiff (s), and as de- 
 fendant (s) ; and on certain days, to be by you appointed, to cause the depo- 
 nent to come before you, and h carefully examine on oath or affirmation, in 
 answer to several interrogatories hereunto annexed ; and reduce the exami- 
 nation, or cause the same to be reduced to writing in your presence ; and after 
 such deposition shall thus be reduced to writing, it shall be carefully read to 
 or by the deponent, and shall then be subscribed by h . 
 
 You shall permit neither party to attend at the taking of the deposition, 
 either himself or by any attorney or agent, nor to communicate by interrog- 
 atories or suggestions with the deponent whilst giving h deposition in 
 
 answer to the interrogatories annexed to this commission. And you shall 
 take such deposition in a place separate and apart from all other persons, and 
 permit no person to be present during such examination, except the depo- 
 nent and yourself, and such disinterested person [if any] as you may think fit 
 to appoint as a clerk, to assist you in reducing the deposition to writing. 
 And you shall put the several interrogatories and cross-interrogatories to the 
 deponent in their order, and take the answer of the deponent to each, fully 
 and clearly before proceeding to the next, and not read to the deponent, nor 
 permit the deponent to read, a succeeding interrogatory, until the answer to 
 the preceding has been fully taken down. 
 
 Of this our writ, with your doings by warrant of the same, you will make 
 return vinder seal into our said court with all convenient expedition. 
 
 Witness the honorable chief justice of our said court, and the seal 
 
 thereof, at our city of Boston, on this day of in the year of our 
 
 Lord one thousand eight hundred and eighty — Clerk. 
 
 State of , > 
 
 County of . S * 
 
 Pursuant to the foregoing commission I caused the said — — to come 
 
 before me, on the of , A. U. 18 — , and having sworn the said to 
 
 testify the truth, the whole truth, and nothing but the truth relating to the 
 [Mass. 11.] 
 
 i
 
 MASSACHUSETTS. 403 
 
 vause lor which thu deposition is taken, I examined the said and redueed 
 
 his testimony to writing. Neither of said parties was i)resent by himself, or 
 by an agent or an attorney, nor did either of them communicate in any man- 
 ner with the deponent whilst giving his deposition; and I took said deposi- 
 tion separate an«l apart from all other persons, no person being present ex- 
 
 i-ept myself and in taking the depositions I i)ut the interrogatories and 
 
 cross-interrogatories to the deponent as directed in the foregoing commission, 
 and in respects fully and exactly complied with the directions in said com- 
 mission in taking the same. And after the said deposition was taken, I care- 
 
 lully read the same to the said and he subscribed it in my presence. 
 
 The commissioner should icturn the deposition to the clerk of court and 
 write upon the envelope the names of the paities to the suit and title of the 
 court. 
 
 Divorce. — Divorces from the bond of matrimony may be decreed for adul- 
 tery, impotency, extreme cruelty, utter desertion, continued for three con- 
 secutive years next prior to the filing of the libel, gross and confirmed habits 
 of intoxication, cruel and abusive treatment, gross or wanton and cruel re- 
 fusal and neglect of the husband to provide suitable maintenance for his 
 wife, if of sufficient ability to do so, for separating without consent from the 
 other and uniting for three years with any religious sect or soi'iety that pro- 
 fesses to believe the relation of luisband and wife void or uidawful, or .sen- 
 tence to confinement at hard labor for five years or more in the state prison, 
 jail, or house of correction. No divorce will be decreed if the parties have 
 never lived together as husband and wife in this state, nor for a cause occur- 
 ring in another state or country, ludcss before such cause occurred the par- 
 ties had lived together as luisband and wife in this state and one of them 
 lived here at the time when the cause occurred, except when the libellant 
 has resided here for five yc^ars next preceding the filing of the libel, or if the 
 parties were inhabitants of this state at the time of marriage when the libel- 
 lant has been such an inhabitant for three years next preceding such filing. 
 All decrees of divorce are in the first instance decrees /rtsi to become abso- 
 lute after the expiration of six months fi'om the entry therei>f on application 
 of either party to the court, or any justice thereof, in term, time or vacation. 
 After a divorce either party may marry again as if the other were dead, ex- 
 cept that the party again.st whom the divorce was gi-anted cannot marry 
 within two years from the time of the entiy of the final decree. When a 
 divorce is granted to a wife because of adultery committed by the husband, 
 or because of his sentence to imprisonment at hard labor, she is entitled to 
 dower in his lands, otherwise not, unless he dies after the decree ?u'«i or her 
 libel is entered and before such ilecree is made absolute. Ui>on a decree on 
 account of the adultery of a Avife her title to her real and persoual estate 
 during her life is not attected, excei)t that sui)port for minor children may 
 be decreed therefrom, and upon a decree for any other cause she is entitled 
 to the immediate possession of her real estiite and such of her jicrsonal pro- 
 perty in the husband's possessitni as the court may decree. Alimony maybe 
 decreed to either party. A divorce decreed in another state or country, ac- 
 cording to the laws thereof, and by a court having jurisdiction t)f the cause 
 and both the parties, is valid and efi'ecitnal here, but when an inhabitant of 
 this state goes into another state or country to obtain a divorce for a cause 
 which occurred here while tlie partiis resided here, or for a cause not author- 
 izing a divorce here, such a tlivorce is of no force or effect in this state. 
 
 Dower. — A wife is entitled to dower in her husband's real estate as at com- 
 mon law, and when he dies intestate and leaves no issue living she takes his 
 real estate in fee to an amoinit not exceeding fi\e tliousand dollars in value, 
 and is also entitled during her life to one-half of his other real estate, or she 
 may, within six months after the date of the letters of administration, elect 
 to have, instead of such life estate, her dower in his i-eal estate, other tlian 
 that taken by her in fee. A widow has no dower in wMld lands of her hus« 
 band, excejit wood lots or other lauds used with his farm or dwelling house. 
 (Mass. 12.]
 
 404 MASSACHUSETTS. 
 
 Evidence. — No person of sufficient understanding, whether a party, or 
 otherwise, is excluded from giving evidence as a witness in any proceeding, 
 civil or criminal, in court or before a person having authority to receive evi- 
 dence, except that neither husband nor wife is allowed to testify to private 
 conversations with each other, and neither is compelled to be a witness on 
 any trial in any criminal proceeding against the other. A defendant in a 
 criminal proceeding is at his own request, but not otherwise, deemed a com- 
 petent witness, and his neglect or refusal to testify does not create any pre- 
 sumption against him. The conviction of a witness of a crime may be shown 
 to affect his credibility. A party to a cause who calls the adverse party as a 
 witness is allowed the same liberty iu the examination of such witness as is 
 allowed upon cross-examination. 
 
 Executions. — No execution can be issued within twenty-four hours after 
 the entry of judgment. An original execution must be issued within one 
 year after the party is entitled to sue out the same. An alias or other suc- 
 cessive execvition must be issued within five years after the return day of 
 that which preceded it. All executions are returnable in sixty days from 
 their date. There is no stay of execution, except as above or by a special 
 order of court. 
 
 Executors. — Executors are appointed by the probate court for the county 
 in which the deceased testator was an inhabitant or resident at the time of 
 his death. Every executor, before entering upon the execution of his trust, 
 must give bond with sufficient surety or sureties, in such sum as the court 
 may order, with condition substantially as in the bond of an administrator, 
 except that an executor may be exempt from giving a surety on his bond 
 when the testator has ordered or requested such exemption, or that no bond 
 should be taken, or when all persons interested in the estate who are of full 
 age and legal capacity, other than creditors, certify their consent thereto. The 
 court may subsequently, for sufficient cause, require a bond with sufficient 
 sureties. Other provisions concerning executors are similar to those relating 
 to administrators. 
 
 Exemptions. — All lands of a debtor in possession, remainder or reversion, 
 all his rights of entry into lands and of redeeming mortgaged lands, and all 
 such lands and rights which have been fraudulently conveyed by him, or 
 which have been pui'chased by him and the record title thereto fraudulently 
 retained in the vendor or conveyed to another for the benefit of the debtor, 
 with intent to hinder or defraud his creditors ; also all his chattels, real or 
 personal, and all other goods which, by the common law, are liable to be 
 taken on execution, may be taken on execution for his debts, except as fol- 
 lows. The following pro])erty is exempt : 
 
 An estate of homestead not exceeding $800 in value, the proper registra- 
 tion having been made as provided by the statute. 
 
 The following articles of the debtor are exempt : 
 
 1st. The necessary wearing apparel of himself and of his wife and chil- 
 dren ; one bedstead, bed and the necessary bedding for every two persons 
 of the family ; one iron stove used for wanning the dwelling-house, and fuel 
 not exceeding the value of $30, procured and designed for the use of the 
 family. 2d. Other household furniture necessary for him and his family not 
 exceeding $300 in value. 3d. The bibles, school books and library used by 
 him and his family, not exceeding $50 in value. 4th. One cow, six sheep, 
 one SAviiie and two tons of hay. 5th. The tools, implements and fixtures- 
 necessary for carrying on his trade or business, not exceeding $100 in value. 
 Gth. Materials and stock, designed and procured by him, and iiecessary foi- 
 carrying on his trade or business, and intended to be used or wrought there- 
 in, not exceeding $100 in value. 7th. Provisions necessary and procured and 
 intended for tlie use of the family, not exceeding $50 in value. 8th. One pew 
 occupied by him or his family iu a house of public worship. 9th. The boat^ 
 
 [Mass. 13.]
 
 MASSACHUSETTS. 405 
 
 ■fishing tackle, aud nets of fishermen actually used by them in the piosecu- 
 tion of tlieir business to the value of $100. 10th. The uniform of an officer 
 ■or soldier in the militia, and the arms and accoutrements rciiuired by law to 
 be kept by him. 11th. Kights of burial and tombs while in use as reposi- 
 tories of the dead. 13th. One sewinj;- machine, not excecdins^- $100 in vaku', 
 in actual use by each debtor or his family. 13th. Shares in co-oi)erative as- 
 sociations, not exceeding $20 in value in the aggregate. 
 
 Factors. — Every factor or other agent intrusted with the possession of 
 niercliandise or of a bill of lading, consigning merchandise to him for the 
 purpose of sale, is deemed to be tlie true owner thereof, so far as to give 
 validity to any bona fide contract made by him with any other person for the 
 sale of tiie whole or a j^art thereof. Every perst)n in whose name merchan- 
 dise is shipped for sale by a person in the lawful possession thereof at the 
 time of shipment, is deemed to be the true owner thereof, so far as to entitle 
 the consignee to a lien thereon. For money advanced or securities given the 
 «liipper for or on account of such consignment, unless the consignee had 
 notice at or before the time he made such advances the shipper was not the 
 actual aud bona fide owner. When a factor having possession of merchaii- 
 dise,with authority to sell the same, or having with such authority possession 
 of a bill of lading, pennit, certificate or order for the delivery of merchan- 
 dise, deposits or pledges, such merchandise or document, with any person as 
 security for money or other advances, such pledges acting in good faith ac- 
 ipiires the same intei'est in and authority over the projjerty pledged as he 
 would if the agent had been the actual owner thereof. 
 
 False Pretence. — The obtaining of goods or other property by false pre- 
 tence with intent to defraud, and the receiving of goods or property so ol)- 
 tained with knowledge thereof, is punishable by fine or imprisonment. A 
 false pretence relating to the purchaser's means or ability to pay, when pay- 
 ment is by the terms of the purchase not to be made until after delivery of 
 property, must be in writing and signed by the party to be charged. 
 
 Fraud, Statutes of. — No action can be brought. 1st. To charge an ex- 
 <'cutor or administrator, or an assignee under an insolvent law of this com- 
 monwealth upon a special promise to answer damages out of his own estate, 
 '2d. To charge a person upon a special promise to answer for the debt, default 
 •or misdoings of another. 3d. Upon an agreement made upon consideration 
 tif marriage. 4th. Upon a contract for the sale of laud, tenements or heredi- 
 taments, or of any interest in or concerning them. 5th. Upon an agreement 
 tliat is not to be perfonned within one year from the making thereof, unless 
 the promise contract or agreement, upon which such action is brought, or 
 Some memorandum or note thereof, is in writing and signed by the party to 
 lie charged therewith, or by some person thereunto by him lawfully autiior- 
 i/.ed. The consideration of such promise contract or agreement need not be 
 set forth or expressed in the writing signed by the party to be charged there- 
 with, but may be proved by any legal evidence. No promise for the pay- 
 ment; of a debt made by an insolvent debtor after discharge is evidence of a 
 new and continuing contract, iniless such i)romise is made by or contained in 
 some writing signed by him or by some person thereunto by him lawfully 
 authorized. No contract for the sale of goods, wares or merchandise for the 
 l)rice of fifty dollars or more, is good or valid, unless tlie purchaser accepts 
 and receives part of the goods so sold, or gives something in earnest to bind 
 the bargain or in part payment, or unless some note or memorandum in writ- 
 ing of the bargain is made and signed by tiie party to be charged thereby, or 
 by some person thereunto by him lawfully authorize.l. 
 
 tJamislunent. — {See Trustee Process.) 
 
 Grace. — Tliree days of grace are allowed unless there is a contrary express 
 stipulation, on all bills of exchangi;, notes, orders and drafts i>ayable in this 
 commonwealth, except those i^ayable on demand and checks. 
 [Mass. H.]
 
 406 MASSACHUSETTS. 
 
 Homestead. — Every householder having a family is entitled to an estate- 
 of homestead, to the value of eight hundred dollars, and such estate is 
 exempt from attachment, levy or execution or sale tbr the payment of his 
 debts or legacies, upon his complying with the requirements of the statute. 
 
 Insolvent Laws. — The Massachusetts insolvent law provides for pro- 
 ceedings by petition to the judge of insolvency for the county within which 
 the debtor resides, and in partnership cases, one of the partners has last re- 
 sided for three consecutive months before the application. Voluntary pro- 
 ceedings may be instituted by an inhabitant of the state owing debts to an 
 amount not less than two hundred dollars. Involuntary proceedings may be 
 instituted by any creditor whose claims provable amount to one hundred 
 dollars, in the following cases, and within ninety days thereafter. 1st. If 
 the debtor arrested on mesne process, in a civil action for one hu«dred dol- 
 lars or upwards, founded upon a probable claim, has not given bail therein 
 on or before the return day, or 2d. Has been actually imprisoned therein 
 for more than thirty days, or 3d. If an attachment on mesne process of his 
 goods or estate in such an action has not been dissolved before the return 
 day, or 4th. If he has removed himself or any part of his property from 
 the state, with intent to defraud his creditors, or 5th. Has concealed him- 
 self to avoid arrest, or any part of his property to prevent its being attached 
 or taken on legal process, or 6th. Has procured himself or his property to 
 be arrested, attached or taken on any legal process, or 7th. Made a fraudu- 
 lent payment, conveyance, or transfer of any part of his property, or 8th. 
 Being a banker, broker, merchant, trader, manufacturer, or miner, has 
 fraudulently stopped payment or has stopped or suspended and not resumed 
 payment of his commercial paper within fourteen days, or 9th. If he be 
 insane and insolvent. After hearing upon the petition, a warrant may be 
 forthwith issued to the sheriff of the county or one of his deputies, directing 
 him as messenger to take possession of all property of the debtor. In all 
 cases a deposit of forty dollars must be made when the petition is filed to> 
 secure court fees and expenses. The debtor must deliver to the messenger, 
 within three days after the date of the warrant, schedules under oath of his 
 debts and assets, and file the same within five days. At the first meeting of 
 creditors one or more assignees are chosen by a majority in value of the credi- 
 tors who have proved their claims, no creditor having a ])referred claim 
 being allowed to vote thereon, except on so much of said claim as exceeds 
 the amount preferred. The following form of proof of claim is prescribed 
 by statute, and must be sworn to by the creditor if within the state before a 
 justice of the peace or notary public, and without the state before a justice 
 of the peace, notary public or commissioner for Massachusetts, and in a for- 
 eign country before a minister, consul or vice-consul of the United States. 
 
 Form of Proof of Claim. 
 
 Commonwealth op Massachusetts, ? 
 
 County of Suffolk. ] **' 
 
 court of insolvency. 
 
 In the case of . > 
 
 Insolvent debtor. \ 
 
 I, of do swear, that said by (or against) whom pro- 
 ceedings in insolvency have been instituted, at and before the date of such 
 
 proceedings, was, and still is justly and traly indebted to me in the 
 
 sum dollars, for which sum, or any part thereof, I have not, nor has 
 
 any other person to my use, to my knowledge or belief, received any securi- 
 ty or satisfaction whatever, beyond what has been disposed of agreeably 
 to law. 
 
 And I do further swear, that the said claim was not procured by me for 
 the purpose of influencing the ])roceedings in this case. 
 
 [Mass. 15.1
 
 MASSACHUSETTS. 407 
 
 And I III) further swear, that I have not directly or indirectly, made 
 
 or entered into any bargain, arrangement, of agreement, exjiress or imi)lied, 
 to sell, transfer, or dispose of, my claim, or any i)art of my claim, against 
 said debtor, nor liave, directly or indirectly, received or taken, or made or 
 entered into any bargain, arrangemeut, or agreement, express or imi)lied, to 
 take or receive, directly or indirectly, any money, property, or consideration 
 whatsoever to myself, or to any i)erson or persons to my nse or T>en('fit, nnder 
 or with any nnderstanding or agreement, exi)ress or implied, whereby my 
 vote for assignee, or my assent to the debtor's discharge, is or shall ])e m 
 any way atfected, intinonce<l, or controlled or whereby the proceedings in 
 this case ai'e or shall be affected, inlluenced oi' controlled. 
 Suffolk, ss. 188 — . 
 
 Then personally ai)peared the above named and made solemn oath 
 
 that the foregoing declaration, by him subscribed, is true. 
 
 Before me, Justice of the Peace. 
 
 An appeal lies to the superior court from the allowance, or disallowance of 
 a claim. If proof is made upon a note, draft, or other in.strument, the orig- 
 inal should be annexed to the proof, and it may be afterwards withdrawn on 
 tiling a copy. 
 
 The assignment vests in the assignee all real and personal property of the 
 debtor, which he could have lawfully sold, assigned or conveyed, or which 
 miglit have been on execution upon a judgment against him, at the time of 
 the first publication of the proceedings, and dissolves any attachm.ent made 
 within four months, prior to said publication. The debtor may be examined 
 on oath. 
 
 The second meeting is held within three months, and the third meeting 
 within six months ; and the debtor may obtain his discharge from all his 
 debts actually proved or provable, by any resident of the state at the time 
 of the first publication. Debts created by the debtor's defalcation, fraud or 
 emV)ezz;lement, are not discharged, and claims for necessaries furnished him, 
 or his family, are not discharged unless jn'oved. 
 
 A discharge may be refused or annulled, for certain specified frauds and 
 preferences, and will not be granted to a debtor who does not pay fifty per 
 cent, of the claims proved, unless he tiles within six nioiiths after the date of 
 the assignment, the written assent of a niajority in number and value of his 
 creditors who have proved their claims, not including preferred creditors; 
 and in tUe case of a second insolvency, such assent of three-fourths in value. 
 The following claims are entitled to priority, and payable in their order ; 1st. 
 All de])ts due to, and payable to the United States, and all debts due to, and 
 taxes assessed by this state, or any county, city, or town theicln ; 2d. Wages 
 due operatives, clerks, or servants, not exceeding one hundred dollars, for 
 labor ])erfonned within one year prior to the insolvency proceedings; also 
 such wages due any operative from another oj^erative of the debtor, ]»ayment 
 thereof to be charged to the account of the i)rineipal operative, and not to 
 exceed the amount due him, and entitled to priority ; "d. Debts due ]>hysi- 
 cians for medical attendance on the debtor or his family, within six nu)nths, 
 and not exceeding fifty dollars ; 4tli. Debts due i)ersons entitled to i)riority 
 by the laws of the United States, or this state ; 5th. Legal fees, costs and 
 exi)enses of suit, attachment and custody of debtor's property. 
 
 Debts due to residents of other states, if proved, are barred by the dis- 
 charge of debtor, otherwise not. 
 
 Assignments to trustees for the benefit of creditors, made in good faith, 
 are valid, unless the court of insolvency, upon a2ii)lication of the debtor or 
 creditor, undertakes the administration of the estate, in which case the 
 trustees must surrender the pioperty or the proceeds thereof, if sold, to the 
 assignee apjxjinted by the court. 
 
 Interest and Usury. — Six ])er cent, is the legal rate of interest, when 
 there is no agreemi'ut for a ditterent rate. Any rate of interest may be re- 
 served or (contracted for, if in writing. 
 [Mass. JC]
 
 408 MASSACHUSETTS. 
 
 Judgments. — The court may enter up judgment upon default at any time 
 after four days from the date of default. 
 
 In the supreme judicial court, judgment is entered at any time by special 
 order on motion, or by agreement of parties. 
 
 In the superior court, the clerk, on request of the party entitled, will enter 
 up judgment on the first Monday of every montli, under a general rule of 
 court. Judgment will not be entered up in this court at any other time, ex- 
 cept upon motion and special cause shown. 
 
 The municipal court of the city of Boston holds a term every week, and 
 enters judgment at the end of the term. 
 
 The judgment is not itself a lien, but the lien secured by an attachment 
 holds for thirty days after judgment. 
 
 Justices of the Peace. — Justices of the peace ai-e commissioned for the 
 teiTQ of seven years, by the governor and council, with authority to act in all 
 the counties. 
 
 Landlord and Tenant and Leases. — Upon non-payment of rent due, 
 under a written lease, fourteen days' notice to quit, given in writing by the 
 landlord to the tenant, is sufficient to determine the lease, unless the tenant, 
 four days at least before the return-day of the writ, brought to recover pos- 
 session of the premises, pays or tenders to the landlord or his attorney, all 
 rent then due with interest and costs. Estates at will may be determined by 
 either party, by three months' notice in writing ; and when the rent is pay- 
 able at periods less than three months, the time of notice is sufficient if equal 
 to the inten-^al between the days of payment. Such notice should expire on 
 a rent day. An action to recover possession may be brought in the county or 
 district where the premises are situated. A lease for more than seven years 
 should be recorded. 
 
 License. — A commercial traveller is not required to take out a license. 
 
 Liens. — {See Mechanics'' Liens.) — In addition to the common law liens, pro- 
 vision is made for liens on vessels, for labor, materials, and stores furnished. 
 Boarding house keepers have a lien on the baggage and effects of boarders, 
 other than mariners. There is a lien for pasturing, boarding or kemiing do- 
 mestic animals. An attorney, after giving notice, has a lien upon oti execu- 
 tion for the amount of his fees and disbursements. 
 
 Limitation of Actions or Suits. — An action to recover lands must be 
 brought within twenty years after the right to bring the action first accrued. 
 
 The following must bo brought within six years ; actions of contract foun- 
 ded upon contracts or liabilitias not under seal, express or implied, except 
 such actions as are brought upon judgments or decrees of courts of record of 
 the United States, or of this, or some other of the United States ; actions for 
 arrears of rent, excejit upon leases under seal ; actions of replevin, and other 
 actions for taking or detaining chattels : all actions of tort, excei)t those 
 hereafter mentioned. 
 
 The following must be brought within four years ; viz., actions against 
 sherifl's, for the misconduct or negligence of their deputies. 
 
 The following must be brought within two years ; viz., actions for assault 
 
 vency. 
 
 Actions by creditors against executors or administrators, who have given 
 proper notice of their appointment, must be brought within two years from 
 the time when they gave their official bond. 
 
 [Mass. 17.]
 
 MASSACHUSETTS. 409 
 
 The followinj; must be brought within twenty years ; viz., actions on a 
 promissory note, signed in the presence of an attestinj? witness, if the action 
 is brought by the original payee, his executor or administrator; personal ac- 
 tions on contracts not limited by the foregoing provisions, and actions on 
 judgments. 
 
 The statute does not run while the person entitled to bring the action is an 
 infant, disabled by marriage, insane, imprisoned, or an alien enemy. 
 
 If, at the time when a cause of action accrues against a person, he is out 
 of the state, the action may be commenced within the time herein limited, 
 therefore, after he comes into the state ; and if, after a cause of action has 
 accraed, the person against whom it has accrued is absent from, or resides 
 out of the commonwealth, the time of his absence shall not be taken as part 
 of the time limited for the commencement of the action, 'provided, that no 
 action shall be brought by any person whose cause of action has been barred 
 by the laws of any state, territory or country while he has resided therein. 
 
 If either party dies before the expiration of the time limited, or within 
 thirty days thereafter, and the cause of action by law survives, the action 
 may be brought by or against the executor or administrator of such deceased 
 person within two years after the granting of administration. 
 
 Actions against an employer for injury to, or death of an employee, must 
 be brought within one year thereafter. 
 
 A judgment is presumed to be paid and satisfied after twenty years. 
 
 Limited Partnersllips. — Limited partnerships may be formed for the 
 transaction of any lawful business, except insurance, and may consist of the 
 general partners, who are jointly and severally liable for all debts of the 
 partnership and the special partners, who must contribute in actual cash 
 payment, a specific sum as capital, and are not personally liable for the part- 
 nership debts, provided a certificate is made, acknowledged and filed and 
 recorded in the office of the secretary of state, and a copy thereof published 
 for six successive weeks as required by statute. 
 
 Married Women. — The real and personal property of a woman remains 
 her separate ijroperty upon her marriage, and she may receive, receipt for, 
 hold, manage and dispose of property, real and personal, in the same manner 
 as if she were sole, except that she shall not without the written consent of 
 her husband destroy or impair his tenancy by the curtesy in her real estate. 
 A married woman may make contracts oral and written, sealed and unsealed, 
 in the same manner as if she were sole, except with her husband, and may 
 sue and be sued in the same manner. A married woman may make a will in 
 the same manner and with the same effect as if she were sole, except that 
 such will shall not, without the husband's written consent, operate to de- 
 prive him of his tenancy by the curtesy in her real estate, or of the right to 
 the use of one-half of such real estate for his life, if they have had no issue 
 boni alive, or of more than one-half of her personal estate. A woman may, 
 by gift from her husband, acquire as her separate property, apparel, orna- 
 ments and articles for lier personal use to the value of not more than $3,Q,00, 
 but not in fraud of his creditors. A husband is not liable for the debts of 
 his wife contracted before marriage, nor is her property liable for his bebts, 
 except as follows : A married woman doing or proposing to do business on 
 her separate account must file a certificate as provided by statute in the 
 office of the clerk of the city or town in which the business is to be done. If 
 she fails to file the certificate, the property emjiloyed in the business is liable 
 for the husband's debts and he is liable on contracts made in prosecution of 
 the business. 
 
 Mechanics' Liens. — Any person performing or furnishing labor, or fur- 
 nishing materials in the erection, alteration or repair of a building or struct- 
 ure, by agreement with or consent of the owner or any person rightfully 
 acting for him, has a lien upon such building or structure and upon the in- 
 
 [Mass. 18.]
 
 410 MASSACHUSETTS. 
 
 terest of the owner thereof in the lot of land upon which the same is situ- 
 ated, to secure the payment of the debt due to him therefor and of the costs 
 which may arise in enforcing sucli lien. No lien for materials furnished at- 
 taches unless the person furnishing tliem Ijefore so doing gives notice in 
 writing to the owner of the property to be affected by the lien, if such owner 
 is not the purchaser, that he intends to claim such a lien. A person desiring 
 to avail himself of a lien must within thirty days after he ceases to labor on, 
 or to furnish labor or materials for, the building or structure, file in the regis- 
 try of deeds for the county or district in which the same is situated a state- 
 ment of a just and true account of the amount due him,with all just credits 
 given, a description of the property intended to be covered by the lien, suffi- 
 ciently accurate for identification, and the name of the owner, if known, 
 which statement must be subscribed and sworn to by the person claiming the 
 lien or by some one in his behalf. A suit for enforcing the lien must be com- 
 menced within ninety days after the creditor ceases to labor on or to furnish 
 labor or materials for the building or structure. Liens may be dissolved by 
 bond with sureties conditioned to pay the value of the property released, or 
 to i>ay the debt for which the lien is enforced. 
 
 Minors. — A person under twenty-one years of age is a minor. Contracts 
 with minors, except for necessaries, are voidable by the minor, but not void.. 
 
 Mortgages of Real Estate. — Mortgages of real estate arc made in the 
 same form as warranty deeds, with a clause setting forth the condition, and 
 almost universally with a power of sale on breach of condition, and are exe- 
 cuted and recorded like deeds. Mortgage deeds without a power of sale are 
 now seldom used. After a sale under the power there is no redemption. 
 Mortgages are foreclosed by sale iinderthe power, and also (oftentimes even 
 where there is a power of sale, and as a precaution against any possible 
 irregularity in the execution of the power) by peaceable entry continued for 
 three years, a certificate of such entry being recorded within thirty days 
 after entry. Mortgages may also be foreclosed by suit. Trust deeds are not 
 used in lieu of mortgages in this state, except for the purpose of securing 
 bonds for the payment of money by corporations. 
 
 Notes and Bills of Exchange. — {See Bills of Exchange, Etc.) 
 
 Oaths and AfGldavits.— C&e Depositions.) 
 
 Partnerships. — Partnerships are ordinarily formed by written articles of 
 agreement, stating the terms of the contract. Every general partner is 
 liable for the debts of the partnership contracted by any partner within the 
 scope of its business. 
 
 Promissory Notes. — {See Bills of Exchange, Etc.) 
 
 Practice. — Practice is regulated by statute. Pleading is very nuich sim- 
 plified by the statute and great liberty of amendment is allowed. 
 
 Proof of Claims. — {See Insolvent Laws.) 
 
 Recording, — {See Deeds.) 
 
 Redemption. — Real estate set off or sold on execution may be ledeemed 
 by the debtor within one year by paying the sum for which it was set off or 
 sold with interest, taxes and assessments thereon, and reasonable expenses of 
 repairs and improvements, and all sums lawfully paid to remove any prior 
 mortgage or lien, deducting the rents and profits received or justly charge- 
 able to the creditor. There is no right of redemption of real estate or per- 
 sonal property duly sold under a mortgage containing a power of sale, nor 
 after a complete and valid foreclosure of any mortgage. — {See also Ta.ves.) 
 
 [Mass. 19.1
 
 MASSACHUSETTS. 411 
 
 Replevin. — The i)laintiff in an action of replevin, or some one in his 
 "behalf must. betVire service of the writ, execute and deliver to the officer a 
 bond to the defendant in double the ai)praised value of the property to be 
 replevied, with condition to prosecute the action to judgment and to pay- 
 such damages and costs as the defendant may recover, and also to return the 
 property in case such shall be the final judgment. 
 
 Revenue. — {See Taxes.) 
 
 Revision. — The statutes of the commonwealth have been revised and by- 
 act of the legislature, approved November 19, 1881, and taking effect .January 
 31, 1882, are now in force under the designation of the public statutes. 
 
 Revivor. — No acknowledgment or promise, except a partial payment, is 
 evidence of a new or continuing contract, sufficient to take a case out of the 
 statute of limitations, unless made or contained by or in some writing signed 
 by the party chargeable thei'cby. 
 
 Seal. — A scroll does not answer for a seal in this state. 
 
 Security for Costs and other Undertakings.— ( -See Costs, Security for.)- 
 
 Stay of Execution. — (5ee Execution.) 
 
 Suits. — {See Actions.) 
 
 Supplementary Proceedings.— (-See Arrest.) 
 
 Taxes. — Taxes are assessed as of the first day of May in each year, and 
 each city or town fixes the time within which taxes assessed therein shall be 
 paid. Taxes asses.sed on real estate constitute a lien thereon for two years 
 after they are committed to the collector. If the taxes are not paid within 
 fourteen days after a demand of payment the collector may advertise the 
 premises for sale, and if the taxes are not paid, at the time and place ap- 
 pointed for the sale, may sell at public auction so much of the i)remises as 
 shall be sufficient to discharge the taxes and intervening charges, or he may 
 at his option .sell the whole. The collector executes and delivers a deed to 
 the purchaser, which must be recorded within thirty days after the sale. The 
 collector may purchase for the city or town assessing the taxes, if no suffi- 
 cient bid is made and may also enforce the lien by taking for the city or town 
 the premises assessed. The owner of the premises so sold or taken, or his 
 heirs or assigns, within two years from the day of sale or taking may re- 
 deem the premises by paying or tendering to the collector the amount of 
 taxes and charges and fees allowed to him, and intervening taxes, or to the 
 purchaser, the original sum and intervening taxes paid by him, in each ca.se 
 with ten per cent, interest and all intervening expenses. The jmrchaser 
 under a tax sale, if resident in the city or town where the premises are. must 
 record his residence or place of business, and if he removes or resides else- 
 where, must appoint an agent or attorney, and record such appointment. 
 
 Trust Deeds. — {See Mortgages of Real Estate.) 
 
 Trustee Process. — AH personal actions, except actions of replevin and 
 actions of tort for malicious pro.secution, for slander or libel, and for assault 
 and battery, may be commenced by trustee process, and any person or cor- 
 poration, including non-residents and foreign corporations, having usual 
 places of business in this state, may be summoned as trustee of the defen- 
 dant therein. The writ must be returnable in the county in which one of 
 the trustees dwells or has his usual place of business. A trustee must file a 
 sworn answer and may be examined upon written interrogatories. If he 
 [Mass. 20.]
 
 ■n2 MASSACHUSETTS. 
 
 Icnowmgly and wilfally answers falsely he is personally liable in an action of 
 tort for the amount of the judgment and interest thereon, The trustee, with 
 •certain excejitions, is chargeable for a debt due absolutely and without any 
 contingency, although not payable. The wages of a seaman are exempt 
 from attachment by trustee process. When wages are attached for a debt 
 other than for necessaries furnished the debtor or his family, the sum of 
 twenty dollars is exempt, and when attached on a claim for such necessaries 
 ten dollars is exempt: The wages of the wife and minor children of the 
 debtor cannot be attached in trustee process for a debt due from him. Any 
 amount may be held by trustee process, but the plaintiff is allowed no costs 
 unless he recovers ten dollars. 
 
 Usury .^(*See Interest.) 
 
 Wages. — {See Trustee Process.) — An assignment of future earnings to be 
 valid against trustee process must be recorded in the clerk's office of the city 
 or town where the assignor resides. 
 
 Wills. — Every person of full age and sound mind may dispose of his real 
 and personal estate by his last will and testament in writing. The will must 
 be signed by the testator, or by some person in his presence and by his ex- 
 press direction, and attested and subscribed in his presence by three or more 
 competent witnesses. A devise or legacy to a subscribing witness or to the 
 husband or wife of such witness is void, unless there are three other compe- 
 tent subscribing witnesses. 
 
 A will made out of the state which is valid, according to the laws of the 
 state or country where made, may be proved and allowed in this state, and 
 thereupon has the same effect that it would have had if executed according 
 to the laws of this state. A soldier in actual military service, or a mariner 
 at sea, may dispose of his personal estate by a nuncupative will. 
 
 A will takes effect when duly proved and allowed in the probate court, and 
 such probate is conclusive as to its due execution. Executors or other per- 
 sons having the custody of a will must deliver it into the probate court 
 within thirty days after notice of the death of the testator. A widow may 
 within six months after probate waive in writing the provisions for her in 
 Jier husband's will and take as if he had died intestate. 
 
 Witnesses.— (5ee Evidence.) 
 
 fMass. 21.]
 
 MASSACHUSETTS. 
 
 41$ 
 
 ATTORNEYS IN MASSACHUSETTS. 
 
 Bold Face Type denotes county seats. A dash (— ) less than 100 population.. 
 P'igures after names, when admitted to the Bar. A star (*) Notaries Public. 
 A double dagger (|) our Compiler of Laws. 
 A dagger (t) former recommendation withdrawn. 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OP ATTORNEYS, 
 
 popula'n 
 
 Abington 
 
 Plymouth 
 
 Simmons & Pratt 
 
 3,700 
 
 Adams 
 
 Berkshire 
 
 W. H. Bixby. 
 
 8,282 
 
 Amesbury 
 
 Essex 
 
 F. C. Whiting. 
 
 4,403 
 
 Amherst 
 
 Hampshire 
 
 Dickinson & Cooper. 
 
 4,199 
 
 Andover 
 
 Essex 
 
 Geo. W. Foster. 
 
 5,711 
 
 Arlington 
 
 Middlesex 
 
 John H. Hardy. 
 
 4,673 
 
 Ashland 
 
 Middlesex 
 
 Geo. T. Higley. 
 
 2,633 
 
 Athol 
 
 Worcester 
 
 Hon. Chas. Field. 
 
 4,758 
 
 Atlantic 
 
 Norfolk 
 
 R. A. Dugan. 
 
 1,225 
 
 Attleborough 
 
 Bristol 
 
 F. I. Babcock. 
 
 15,000 
 
 Ayer 
 
 Middlesex 
 
 Hon. Levi Wallace. 
 
 2,200 
 
 Barnstable 
 
 Barnstable 
 
 F. F. Lothrop. 
 
 4,050 
 
 Barre 
 
 Worcester 
 
 Chas. Brinblecom. 
 
 2,092 
 
 Bellingham 
 
 Norfolk 
 
 N. A. Cook. 
 
 1,259 
 
 Belmont 
 
 Middlesex 
 
 Fred'k. Dodge 
 
 1,639 
 
 Beverly 
 
 Essex 
 
 S. A. Fuller. 
 
 9,168 
 
 Blackstone 
 
 Worcester 
 
 Hon. A. A. Putman. 
 
 5,435 
 
 Boston Suffolk County. Population 400,000 
 
 t Waitt, Wm. G., 31 Milk Street. 
 
 See Card in Appendix, page xi. 
 Adams, Charles Hall, Notary and Commissioner, 
 
 5 Court Street. 
 See Card in Appendix, page xi. 
 
 * Butler, J. E., '65, 47 Court Street. 
 Dore, John F., '79, 68 Cornhill Street. 
 EVERETT, EDWARD, 34 School Street. 
 
 Bradford 
 
 Braintree 
 
 Bridgewater 
 
 Brockton 
 
 Brookline 
 
 Cambridge 
 
 Cambridgeport 
 
 Canton 
 
 Chelsea 
 
 Chicopee 
 
 Clinton 
 
 Cohasset 
 
 Concord 
 
 Dedham 
 
 Douglass 
 
 East Bridgewater 
 
 Easthampton 
 
 Essex 
 
 Hon. Henry Carter. 
 
 3,106: 
 
 Norfolk 
 
 V. L. M. Tower. 
 
 4,050 
 
 Plymouth 
 
 H. Kingman. 
 
 3,837 
 
 Plymouth 
 
 F. M. Bixby. 
 
 20,783 
 
 Norfolk 
 
 Chas. H. Drew. 
 
 9,195 
 
 Middlesex 
 
 S. Albee. 
 
 60,000 
 
 Middlesex 
 
 H. C. Holt. 
 
 27,224 
 
 Norfolk 
 
 Thos. E. Grover. 
 
 4,380 
 
 Suffolk 
 
 Geo. W. Averill. 
 
 25,709 
 
 Hampden 
 
 Geo. M. Stearns. 
 
 11,528 
 
 Worcester 
 
 DAME, J. T., & DAME, W. 
 
 R. 8,945 
 
 Norfolk 
 
 L. N. Cashing. 
 
 2,216 
 
 Middlesex 
 
 C. H. Walcott. 
 
 3,727 
 
 Norfolk 
 
 Thos. L. Wakefield. 
 
 7,000 
 
 Worcester 
 
 G. F. Bigelow. 
 
 2,205 
 
 Plymouth 
 
 R. 0. Harris. 
 
 2,812 
 
 Hampshire 
 
 A. J. Fargo. 
 
 4,20ft
 
 414 
 
 MASSACHUSETTS. 
 
 Hdgartown 
 
 Essex 
 
 Everett 
 
 Fall River 
 
 Florence 
 
 Fitchburg 
 
 Foxborougli 
 
 Framingham 
 
 Franklin 
 
 Gardner 
 
 Georg-etown 
 
 Gloucester 
 
 Grafton 
 
 Great Barrington 
 
 Oreenfield 
 
 Hanover 
 
 Hatfield 
 
 Haverhill 
 
 Hinghani 
 
 Hollisteu 
 
 Holyoke 
 
 Hopkinton 
 
 Hudson 
 
 Huntington 
 
 Hyde Park 
 
 Ipswich 
 
 Lawrence 
 
 Lee 
 
 Lenox 
 
 Leominster 
 
 Lexington 
 
 Littleton 
 
 Longmeadovs- 
 
 Lowell 
 
 Lynn 
 
 Maiden 
 
 Mansfield 
 
 Marlborough 
 
 Medfield 
 
 Medford 
 
 Medway 
 
 Merrimac 
 
 Methuen 
 
 Middleborough 
 
 Milford 
 
 Millbury 
 
 Milton 
 
 Monson 
 
 Nantucket 
 
 Natick 
 
 Needham 
 
 New Bedford 
 
 Newburyport 
 
 Newton 
 
 Noi-th Adams 
 
 Northampton 
 
 COUNTY. 
 
 Dukes 
 
 Essex 
 
 Middlesex 
 
 Bristol 
 
 Hampshire 
 
 Worcester 
 
 Norfolk 
 
 Middlesex 
 
 Norfolk 
 
 Worcester 
 
 Essex 
 
 Essex 
 
 Worcester 
 
 Berkshire 
 
 Franklin 
 
 Plymouth 
 
 Hampden 
 
 Essex 
 
 Plymouth 
 
 Middlesex 
 
 Hampden 
 
 Middlesex 
 
 Middlesex 
 
 Hampshire 
 
 Norfolk 
 
 Essex 
 
 Essex 
 
 Berkshire 
 Berkshire 
 Worcester 
 Middlesex 
 Middlesex 
 Hampden 
 
 Middlesex 
 
 Essex 
 
 Middlesex 
 
 Bristol 
 
 Middlesex . 
 
 Norfolk 
 
 Middlesex 
 
 Norfolk 
 
 Essex 
 
 Essex 
 
 Plymouth 
 
 Worcester 
 
 Worcester 
 
 Norfolk 
 
 Hampden 
 
 Nantucket 
 
 Middlesex 
 
 Norfolk 
 
 Bristol 
 
 Kssex 
 
 ^Middlesex 
 
 Berkshire 
 
 Hampshire 
 
 NAMES OF ATTORNEYS. POPULA'n 
 
 Chas. G. M. Dunham. 
 F. Richardson. 
 D. P. Bailey. 
 Morton & Jennings. 
 (See NortJuimpton.) 
 Norcross & Hartwell. 
 
 F. H. Williams. 
 W. A. Adams. 
 Geo. W. Wiggins. 
 
 ^ Chas. D. Burrage. 
 (\K D. Howe. 
 W. A. Butler. 
 
 C. P. Thompson. 
 
 D. B. Hubbard. 
 B. Palmer. 
 
 D. Aiken & Son. 
 P. Simmons. 
 
 T. Graves. 
 
 Abbott & Pearl. 
 
 M. L. Bouve. 
 
 Hon. W. A. Kingsbviry. 
 
 Hon. W. B. C. Pearsons. 
 
 G. L. Hemenway. 
 J. T, Joslin. 
 Geo. Kress. 
 
 J. E. Colter. 
 
 Chas. A. Sayward. 
 <K t John S. Gile. 
 \ Chas. G. Saunders. 
 
 P. A. Casey. 
 
 Thomas Post. 
 
 H. Mayo. 
 
 A. E. Scott. 
 
 S. Hartwell. 
 
 Jas. Bliss. 
 ^\ H. U. Browne, 
 i A. P. Boury. 
 
 Newhall & Harmon. 
 
 G. D. Ayers. 
 
 E. M. Reed. 
 Gale & McDonald. 
 James Hewius. 
 
 T. S. Harlow. 
 H. A. Walker. 
 T. H. Hoyt. 
 W. M. Rogers. 
 E. Robinson. 
 Geo. G. Parker. 
 John Hopkins. 
 N. F. Safibrd. 
 G. H. Newton. 
 Allen Coffin. 
 Chas. Q. Tirrell. 
 E. Grover. 
 O. Prescott. 
 E. F. Stowe. 
 S. L. Powers. 
 S. P. Thayer. 
 D. W. Bond. 
 
 1,200 
 
 1 723 
 5|375 
 
 56,863 
 2, ,566 
 
 1 5,375 
 2,814 
 8,275 
 3,983 
 
 7,300 
 
 2,299 
 21,713 
 4,498 
 4,279 
 5,300 
 1,966 
 1,500 
 23,000 
 4,375 
 2,926 
 27,894 
 4,000 
 3,968 
 1,267 
 8,400 
 4,207 
 
 38,812 
 
 4.274 
 2,154 
 5,297 
 3,000 
 1,067 
 1,677 
 
 64,051 
 
 15,561 
 
 16,407 
 
 2,939 
 
 11,000 
 
 1,600 
 
 9,041 
 
 2,777 
 
 2,378 
 
 4,507 
 
 5,173 
 
 9,343 
 
 4,555 
 
 3,555 
 
 3,958 
 
 3,143 
 
 8,460 
 
 2,586 
 
 33,393 
 
 13,716 
 
 19,7.59 
 
 15,540 
 
 1,289
 
 MASSACHUSETTS. 
 
 415 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. POPLLA'N. 
 
 North Andover 
 
 Essex 
 
 Geo. L. Vail. 
 
 n,425 
 
 Northborough 
 
 Worcester 
 
 Samuel Clark. 
 
 l,b5;! 
 
 North Brookfield 
 
 Worcester 
 
 Henry W. King. 
 
 4,110 
 
 North Eastou 
 
 Bristol 
 
 L. E. Southard. 
 
 1,300 
 
 Norwood 
 
 Norfolk 
 
 .lohn C. Lane. 
 
 3,00U 
 
 Orange 
 
 Franklin 
 
 R. D. Chace. 
 
 3,650 
 
 Orleans 
 
 Barnstable 
 
 .J. Higgins. 
 
 1,17(5 
 
 Palmer 
 
 Hampdeu 
 
 C. L. Gardner. 
 
 r),923 
 
 Peabody 
 
 Essex 
 
 W. P. Upham. 
 
 9.530 
 
 Pittsfield 
 
 Berkshire 
 
 CHAS. E. HIBBARD. -61) 
 
 14,466 
 
 Plymouth 
 
 Plymouth 
 
 Chas. G. Davis. 
 
 7,259 
 
 Provincetown 
 
 Barnstable 
 
 J. H. Hopkins. 
 
 4,500 
 
 Quincy 
 
 Norfolk 
 
 W. G. Pattel. 
 
 12,144 
 
 Kandolph 
 
 Norfolk 
 
 ,T. V. Beal. 
 
 3,807 
 
 Reading 
 
 Middlesex 
 
 S. Bancroft. 
 
 3,539 
 
 Rockland 
 
 Plymouth 
 
 Geo. W. Kelley. 
 
 4,784 
 
 Rowley 
 
 Essex 
 
 G. B. Blodgett. 
 
 1,183 
 
 Salisbury 
 
 Essex 
 
 H. I. Bartlett. 
 
 4,840 
 
 Salem 
 
 Essex 
 
 WILLIAM H. GOVE. 
 
 28,084 
 
 Sandwich 
 
 Barnstable 
 
 E. S. Whitmore. 
 
 2,124 
 
 Shelburn Falls 
 
 Franklin 
 
 S. T. Fields. 
 
 1,975 
 
 Shirley 
 
 Middlesex 
 
 James Gerrish. 
 
 1,442 
 
 Somerville 
 
 Middlesex 
 
 Stearns & Butler. 
 
 30,000 
 
 South Abington 
 
 Plymouth 
 
 Chas. Edton. 
 
 3,595 
 
 Southbridge 
 
 Worcester 
 
 A. J. Bartholomew. 
 
 6,501 
 
 Spencer 
 
 Worcester 
 
 C. S. Dodge. 
 
 8,247 
 
 Springfield 
 
 Hampden 
 
 ^ EDMUND P. KENDRICK, 
 ■(• ;594 Main Street. 
 
 37,577 
 
 Stockbridge 
 
 Berkshire 
 
 H. J. Dunham. 
 
 2,113 
 
 "Stoughton 
 
 Norfolk 
 
 O. A. Marden. 
 
 5,182 
 
 T?aunton 
 
 Bristol 
 
 H. J. Fuller. 
 
 23,674 
 
 Templeton 
 
 Worcester 
 
 C. D. Burrage. 
 
 2,627 
 
 Topsfield 
 
 Essex 
 
 Chas. H. Holmes. 
 
 1,141 
 
 Uxbridge 
 
 Worcester 
 
 Geo. W. Hobbs. 
 
 2,948 
 
 Wakefield 
 
 Middlesex 
 
 C. W. Eaton. 
 
 7,000 
 
 Waltham 
 
 Middlesex 
 
 F. M. Stone. 
 
 14,607 
 
 Ware 
 
 Hampshire 
 
 H. C. Davies. 
 
 6.003 
 
 AVareham 
 
 Plymouth 
 
 .1. C. Sullivan. 
 
 3,254 
 
 Warren 
 
 Worcester 
 
 E. C. Sawyer. 
 
 4,031 
 
 Watertowu 
 
 Middlesex 
 
 Samuel Abbott. 
 
 6,238 
 
 Wayland 
 
 Middlesex 
 
 R. T. Lombard. 
 
 1,946 
 
 Webster 
 
 Worcester 
 
 H. J. Clarke. 
 
 6,220 
 
 Wellfleet 
 
 Barnstable 
 
 Hon. H. P. Ilarriman. 
 
 1,687 
 
 Westborough 
 
 Worcester 
 
 W. T. Forbs. 
 
 4,880 
 
 West Boylston 
 
 Worcester 
 
 H. F. Harris. 
 
 2,927 
 
 West Brookfield 
 
 Worcester 
 
 H. W. Bush. 
 
 1,747 
 
 Westfield 
 
 Hamjiden 
 
 Whitney & Brigham. 
 
 9,000 
 
 Weston 
 
 Middlesex 
 
 A. Fiske. 
 
 1,427 
 
 West Stockbridge 
 
 Berkshire 
 
 W. C. Spaulding. 
 
 1,648 
 
 Weymouth 
 
 Norfolk 
 
 E. C. Biimpus. " 
 
 10,470 
 
 Williamstown 
 
 Berkshire 
 
 Hon. K. Danforth. 
 
 3,792 
 
 Winchendon 
 
 AVorcester 
 
 L. W. Pierce. 
 
 3,872 
 
 Winchester 
 
 Middlesex 
 
 J. M. Tyler. 
 
 4,390 
 
 Wuburn 
 
 Middlesex 
 
 Hon. P. L. Converse. 
 
 12,000 
 
 "Worcester 
 
 Worcester 
 
 / CHAS. I. RAWSON. 
 
 t [5 & 4 Chapin Block. 
 
 68,383 
 
 AVilliamsburgli 
 
 Hampshire 
 
 (See Northampton.) 
 
 2.044 
 
 AVrentham 
 
 Norfolk 
 
 S. Warner. 
 
 2,710 
 
 Taimouth 
 
 Barnstable 
 
 F. C. Swift. 
 
 1,363
 
 416 
 
 MASSACHUSETTS. 
 
 BANKS IN MASSACHUSETTS. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital ol one- 
 banli in each county of this state in which such a banking institution is located. 
 
 PLACE. 
 
 NAME 
 
 OF BANK. 
 
 CASHIER. 
 
 PAID UP 
 CAPITAL. 
 
 Boston 
 
 Merchants' 
 
 National Bank 
 
 George R. Chapman. 
 
 $3,000,000 
 
 Cambridge 
 
 Charles River Nat Bank 
 
 Ebeu Snow. 
 
 100,000 
 
 Dedham 
 
 Dedham National Bank 
 
 Edwin A. Brooks. 
 
 300,000 
 
 Edgartown 
 
 Martha's Vineyard Nat B't 
 
 . Cyrus H. Pease. 
 
 100,000 
 
 Fitchburg 
 
 Fitchburg National Bank 
 
 B. N. Bullock. 
 
 250,000 
 
 Greenfield 
 
 Franklin Co Nat Bank 
 
 Herbert 0. Edgarton 
 
 300,000 
 
 Lawrence 
 
 Bay State National Bank 
 
 Samuel White. 
 
 375,000- 
 
 Lowell 
 
 Merchants' 
 
 National Bank 
 
 W. W. Johnson. 
 
 400,000 
 
 Nantucket 
 
 Pacific 
 
 
 Albert G. Brock. 
 
 100,000 
 
 New Bedford 
 
 First 
 
 
 W. P. Winsor. 
 
 1,000,000 
 
 Newburyport 
 
 First 
 
 
 ^Y. F. Houston. 
 
 300,000 
 
 Northampton 
 
 First 
 
 
 F. N. Kneeland 
 
 500,000 
 
 Pittsfield 
 
 Pittsfield 
 
 
 Edward S. Francis. 
 
 500,000 
 
 Plymouth 
 
 Old Colony 
 
 
 William S. Morrisy. 
 
 250,000 
 
 Salem 
 
 Naumkeag 
 
 
 Nathaniel A. Very, 
 
 500,000 
 
 Springfield 
 
 Third 
 
 
 Frederick Harris. 
 
 500,000' 
 
 Taunton 
 
 Taunton 
 
 
 George W. Andros. 
 
 600,000 
 
 Worcester 
 
 AVorcester 
 
 
 James P. Hamilton. 
 
 500,000
 
 STATE OF 
 
 MICHIGAN. 
 
 SUMMARY OF 
 
 Collection Laws. 
 
 Court Calendar, Instructions for taking Depositions, Legal Forms, Etc. 
 Expressly Prepared and Revised to Nov. 1st, 1887, for "Showers' ' 
 Legal Directory and Merchants' Guide," for 1888, by 
 Bowen, Douglass «fe Whiting of the Detroit Bar. 
 
 Acknowledgments. — A conveyance of lands, executed within the state, to 
 be entitled to record must be signed, sealed (a scroll is sufficient), witnessed 
 by two witnesses and acknowledged. The acknowledgment may be before 
 any judge or commissioner of a court of record, notary public or justice of 
 the peace. 
 
 If executed in any other state, territory or district of the United States it 
 may be executed, 1st, before a commissioner for Michigan, or, 2d, it may be 
 executed according to the laws of such state, territory, or district, and the 
 execution thereof may be acknowledged before any judge of a court of 
 record, notary public, justice of the peace, master in chancery, or other 
 officer authorized by the laws of such state, etc., to take acknowledgment of 
 deeds therein. And in such case the deed shall have attached to it a certifi- 
 cate of the clerk or other proper certifying officer of a court of record of the 
 county or district, or of the secretary of state of the state or territory within 
 which such acknowledgment was taken, under the seal of his office, that the 
 person whose name is subscribed to the certificate of acknowledgment was 
 at the date thereof such officer as he is thereon represented to be, and that 
 he believes the signature of such person to such certificate of acknowledg- 
 ment to be genuine, and that the deed is executed and acknowledged accord- 
 ing to the laws of such state, territory or district. 
 
 If executed in any foreign country, such deed may be executed according 
 to the laws of such country, and the execution thereof may be acknowledged 
 before any notary public therein, or before any minister, charge d'attaires, 
 • 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. 
 
 Form of Acknoicled(jments for Deeds and Mortgages. 
 
 State op Michigan, } 
 
 Ct)UNTY OF , \ ' 
 
 On this day of , in the year one thousand eight hundred and , 
 
 before me (the name of the ofhcer who takes the acknowledgment), a 
 (notary public, justice of the peace, or official title) in and for said county, 
 personally appeared (names of grantors), to me known to be the same per- 
 sons described in, and who executed the within instrument, who 
 
 acknowledged the same to be their free act and deed. 
 
 , Notary Public (or official title.) 
 
 , county, Michigan.
 
 418 MICHIGAN. 
 
 Acknowledgment of deed out of the state : 
 
 Deeds acknowledged out of the state, unless before a commissioner ap- 
 pointed by the governor of this state for that purpose, shall have attached 
 thereto a certificate of the clerk of a court of record of the county or district, 
 or of the secretary of state where acknowledged, under the seal of his office, 
 that the officer taking the acknowledgment was at the tiiue such officer as 
 he is represented to be, and that he believes the signature of such officer to 
 such certificate of acknowledgment to be genuine, and that the deed is 
 executed and acknowledged according to the laws of such state, territory or 
 district. 
 
 Actions. — Actions are substantially the same as at common law. Real 
 actions, except ejectment, actions for waste and for trespass on lands, and 
 actions on the case for private nuisances, are abolished. The principal per- 
 sonal actions are assumpsit, debt, replevin, trespass, trespass on the case 
 and trover. Actions of account, annuity and covenant, are seldom or never 
 used ; detinue is abolished. Assumpsit lies upon statutes in many cases, 
 and ujjon contracts under seal and judgments. In all cases where a party 
 hag a right of action for the taking of timber or other trespass on lands, he 
 may waive the tort and bring assumpsit. 
 
 The assignee of any bond, note or other chose in action, not negotiable, 
 may sue and recover the same in his own name ; but the defendant in such 
 case may set up and avail himself of any defence he may have arismg before 
 due notice of such assignment, and which accrued prior to such action, in 
 the same manner and witli like effect as if the assignor had prosecuted the 
 same in his own name. 
 
 The holder of a bill of exchange or note, instead of bringing separate suit 
 against the drawers, makers, guarantors, indorsers and acceptor, may in- 
 clude all or any of the said parties in one action, and proceed to judgment 
 and execution in the same manner as though all defendants were joint 
 contractors. 
 
 In all actions upon bills of exchange or notes, the plaintiff" may declare 
 upon the money counts alone, and the bill or note may be given in evidence 
 thereunder in all cases where a copy has been served with the declaration. 
 
 The common law practice prevails, except when modified by statute or 
 rule. 
 
 All actions which may be commenced by capias or summons, may, at the 
 option of the plaintiff', be commenced by filing in the clerk's office a declara- 
 tion, entering a rule in the common rule book, requiring the defendant to 
 plead thereto within twenty days after the service of a copy thereof and no- 
 tice of such rule, and serving a copy of such declaration and a notice of such 
 rule personally on the defendant. Actions for tort, where cause of action 
 arise in this state, can be commenced against non-residents by attachment. 
 
 Administration of Estates of Deceased Persons.— On petition and notice 
 the probate court of the county in which the deceased lived at time of his 
 death, or where the estate to be administered is situated, may grant letters 
 of administration in case deceased died intestate. Under special circum- 
 stances, special or temporary administrators may be appointed. 
 
 On petition, notice and proof of execution, a will is admitted to probate, 
 ■ind the person named therein is appointed by the probate court as execu1;or, 
 unless he is legally disqualified to act. Foreign executors and administra- 
 tors liave no standing in the courts of this state. Will, if any, must be pro- 
 i)ated in this state. If deceased died intestate, letters of administration 
 must be taken out here. 
 
 AfB.davits. — An affidavit taken in any other state or territory, to be used 
 injudicial proceedings in this .state, may be taken before a commissioner for 
 Micliigan, or before a notary public or justice of the peace authorized by the 
 l;i\vs of such other state or territory to administer oaths. The signature of
 
 MICHIGAN. 419 
 
 such notary or justice, and tlie fact that at tlic time of taking of such affi- 
 davit, the person before wlioni the same was taken, Avas siicli notary or jus- 
 tice, must be certified by the clerk of some court of record in the county 
 where such affidavit was taken, under the seal of said court. 
 
 Such an athdavit also may, and any affidavit taken in a foreign country 
 jiiust be authenticated as follows : 1st. It must be certified by some judge 
 of a court having a seal, to have been taken and subscribed before him, 
 .specifying the time, when and place where taken. '2d. The genuineness of 
 the signature of such judge, the existence of the court, and the fact that such 
 judge is a member thereof, must be certified by the clerk of the court under 
 the seal tliereof. 
 
 In a suit brouglit by persons claiming as partners, an affidavit that the 
 plaintiffs were the persons composing the partnership at the time the con- 
 tract was made or the cause of action accrued, served with the declaration 
 or original process, is prima facie evidence of the existence of the partner- 
 .ship, unless such partnership is denied by the defendant under oath. So, in 
 41 suit by a foreign corporation, such an affidavit that plaintiff existed as such 
 ■corporation untler the law of some other state, territory or country to be 
 specified, at the time the contract was made or cause of action accrued, is 
 prima facie evidence of the existence of such corporation. So, also in any 
 action on account where an affidavit of the account is made by the plaintiff, 
 or some one in his behalf, and a copy of the affidavit and account is served 
 with the declaration or original jn'ocess, such affidavit is prima facie evi- 
 <lence of the indebtedness, unless the account is denied by the defendant un- 
 der oath. 
 
 State of ) 
 
 County of ^ ' 
 
 -, being duly sworn, says (that he is a member of the fii'm of ■ 
 
 of , which said firm now is, and at the time cause of action accrued, 
 
 was composed of , and deponent) ; that , of , is justly and 
 
 truly indebted unto deponent (or unto said firm), upou an open account for 
 
 goods and merchandise sold and delivered to said by dei>onent (or 
 
 said firm), in the sum of $ over and above all legal set-ofis, as near as 
 
 deponent can estimate the same ; that said goods and merchandise were sold 
 
 , and said account became due , and tliat the annexed 
 
 is a true copy of said account. Subscribed, etc. 
 
 Ten days are allowed to intervene between the date of the affidavit of ac- 
 count and the commencement of suit. 
 
 Aliens. — May acquire, hold, convey, mortgage, devise or bciiueath pi'op- 
 «rty in the same maimer as citizens. • 
 
 Arrest. — A defendant may be arrested in actions for moneys collected by 
 liim as a public officer, or in any professional employment, and in all cases 
 for fraud, or for the recovery of damages for torts. Imprisonment for debt 
 is forbidden in other cases. No female can be arrested in a civil action. 
 Summary proceedings are provided for the arrest of fraudulent debtors. 
 
 Assignments. — An assignment for the benefit of creditors, must be of all 
 the assignor's property not exempt from execution, and be without prefer- 
 ences. It must be acknowledged, and within ten days, it or a duplicate, a 
 sworn inventory of the assigned property and list of the assignor's creditors, 
 and a proper bond by the assignee in double the amount of the inventory, 
 must be filed with the county clerk. The assignee is required, within ten 
 days after the assignment, to give notice thereof personally or by mail, to 
 creditors, and creditors are required to prove their debts within ninety days 
 thereafter, by affidavit to be filed in said clerk's office. This affidavit must 
 state the actual amount unpaid and owing, the actual consideration thereof, 
 when the same was contracted, and when tlie same became or will become 
 due ; whether any and what securities are held therefor ; whether anj^ and
 
 420 MICHIGAN. 
 
 what payments have been made thereon ; that the sum claimed is justly due 
 from the assignor to the claimant ; and that the claimant has not, nor has 
 any other person, for his use, received any security or satisfaction whatever 
 other than that by him set forth. The assignee must proceed to distribute 
 the estate as soon after ninety days as practicable, without reference ta 
 claims not proved when dividends are paid. He is also required to make 
 quarterly reports of the condition of the estate, and of moneys received and 
 disbursed by him. The circuit court in chancery of the proper county has 
 general supervisory control of the assignment proceedings, and fixes the 
 compensation of the assignee. 
 
 A new assignment law was passed in 1883, but the court held it unconsti- 
 tutional. 
 
 AttacllinentS. — In courts of record, attachment proceedings may be had 
 against a defendant's property when it appears by the affidavit of the plain- 
 tiff or some one in his behalf, that the defendant is indebted to the plaintiff in 
 an amount to be specified "as near as may be over and above all legal set-offs" 
 (which amount must exceed one hundred dollars), and that the deponent 
 knows or has good reason to believe either. 1st. That the defendant has 
 absconded, or is about to abscond froTJii this state, or is concealed therein to 
 the injury of his creditors ; or, 2d. That iie has assigned, disposed of, or 
 concealed any of his property, or is about to do so, with intent to defraud 
 his creditors, or, 3d. That he has removed, or is about to remove, any of his 
 property out of this state with intent to defraud his creditors ; or, 4th. That 
 he fraudulently contracted the debt ; or, 5th. That the defendant is not a 
 resident of this state; and has not resided therein for three months imme- 
 diately preceeding the time of making of such affidavit ; or, 6th. That the 
 defendant is a foreign corporation. 
 
 In justice's courts proceedings by attachment lie when it appears by like 
 affidavit either, 1st. That the defendant has assigned, disposed of or con- 
 cealed any of his property, or is about to do so, with intent to defraud his 
 creditors : or, 2d. That he is about to remove any of his property from the 
 county where he resides or suit is commenced, with like intent, or that he 
 has removed or is about to remove himself or his property from the county, 
 and refuses or neglects to pay or secure the payment of the debt ; or, 3d. 
 That he fraudulently contracted the debt or incurred the obligation respect- 
 ing which the suit is brought ; oi", 4tli. That he has absconded to the in- 
 jury of his creditors, or does not reside in this state, and has not resided 
 therein for one month immediately preceding the commencement of suit ; or, 
 5th. That the defendant is a foreigiir corporation. 
 
 Actions of tort against non-resident defendants may also be commenced 
 by attachment. 
 
 The affidavit must not be in the alternative. Not more than one day must 
 elapse between the date of the jurat and that of the attachment writ, unless 
 the affiant is a resident of another county in Michigan. In the latter case 
 one day may be allowed for every thirty miles between the affiant's residence 
 and the place of issuing the writ. Writs of attachment, on filing the proper 
 affidavit, may issue at the commencement, or during the progress of the 
 cause. 
 
 The effect of an attachment is to hold the property until judgment can be 
 (jbtained and an execution issued and levied. The defendant however, may 
 have the property returned by giving a bond to pay the judgment, etc. 
 
 Banks and Banking. — Any number of persons may associate to establish 
 offices of discount, deposit and circulation. The aggregate amount of the 
 capital stock shall not be less than fifty thousand dollars : three-fourths of 
 it may be invested in public stocks, as security for circulation, of the United 
 States, Michigan, New York, either of the New England states, Pennsyl- 
 vania, Indiana, Illinois, Ohio or Kentucky. These are to be deposited with 
 the state treasurer to secure circulation, which may be equal to 100 per cent, 
 of the securities transferred to the state treasurer, who shall take such stock
 
 MICHIGAN. 421 
 
 at not more than ninety-five percent, of their par value nor more than ninety- 
 five per cent, of their current market value. The circulation is redeemed by 
 state treasurer with funds deposited. A bank cannot take its own stock as 
 security for loan, nor can it purchase such stock save in exceptional cases. 
 
 Such a bank is a body corporate, with all the powers and liabilities of a 
 corporation. Process may be served on its president or cashier or by leavin<r 
 attested copy during banking hours, at the banking house, with the teller or 
 clerk or other officer of the bank. 
 
 The capital stock and number of shares may be increased at any time by 
 filing certificates of such action with register of deeds of county and the sec- 
 rjtary of state. 
 
 Banks may hold such real estate as may be necessary for immediate ac- 
 commodation in transaction of their business; such as shall be mortgaged to 
 it as security for loans ; such as shall be conveyed to it in satisfaction ol' 
 debts previously contracted ; and such as it shall purchase at sales under 
 judgments, decrees or mortgages held by it. 
 
 Banks formed under state law are at all times subject to inspection and 
 supervision of state treasurer. 
 
 Officers and stockholders are individually liable for all debts contracted 
 during their being officers or stockholders, equally and ratably, to the extent 
 of their respective shares of stock in such banks. 
 
 Savings Batiks : Any number of persons, not less than five, may form sav- 
 ings banks with a capital stock of not less than §35,000, in cities or villages of 
 20.000 inhabitants, or under, and $50,0U0 in cities of over 20,000 inhabitants. 
 Three-fifths of the capital stock shall be, and the balance shall be paid in 
 within one year ; the business and property shall be managed by a board of 
 directors and trustees, of not less than five, all of whom shall be stock- 
 holders. Such banks may receive money on deposit, to be repaid on de- 
 mand, with such interest, at such times and under such regiilations as the 
 board of directors shall prescribe. In case of insolvency the savings depos- 
 itors shall be entitled to a preference over all other creditors. 
 
 The legislature of 1887, passed an act entitled " An act to revise the laws 
 authorizing the business of banking, and to establish a banking department 
 for the supervision of such business.'' This repeals all acts inconsistent 
 with its provisions, and is to be submitted for the vote of the i)eople of the 
 state at the next general election, and is to go into effect within sixty days 
 after such election, provided a majority of votes cast shall be in favor of its 
 adoption. 
 
 Bills of Exchange and Promissory Notes.— All notes in writing, made 
 and signed by any person, whereby he shall promise to pay any other person, 
 or his order, or the order of any other person, or unto the bearer, any sum of 
 money therein mentioned, shall be due and payable as expressed ; and shall 
 have the same effect, and be negotiable in like manner as inland bills of ex- 
 <;hange, according to the custom of merchants. 
 
 On all bills of exchange payable at sight, or at a future day certain, on all 
 negotiable promissory notes, orders or drafts payable at a future day certain, 
 within this state, where there is no stipulation to the contrary, grace is allow- 
 ed. It is not allowed on any bill of exchange, note or draft payable on de- 
 mand, or on any draft, bill of exchange, or check drawn upon any bank. 
 
 An acceptance must be in writing. 
 
 The guaranty of the payment or the collection of any promissory note is 
 negotiable, whether it is endorsed on the note or written or printed on a sep- 
 arate paper. 
 
 If the last day of grace falls on Sunday or a holiday, the previous shall be 
 held as the last day of grace. 
 
 Chattel Mortgages.— A chattel mortgage, before foreclosure, does not 
 <'iinvey the title of the i)roperty. The mortgagee has merely a lien for the 
 ilebt. The title of the mortgagee may be sold on execution.
 
 422 MICHIGAN. 
 
 A chattel mortgage or any conveyance intended to operate as such, is void 
 as against creditors, and as against subsequent purchasers or mortgagees iu 
 good faith, unless there is immediate delivery and actual and continued 
 change of possession of the mortgaged chattels, or unless the mortgage or a 
 copy is filed in the clerk's office of the township or city in which the mort- 
 gagor resides, of the township or city where the property is. 
 
 Such mortgage also ceases to be valid as against said parties after one 
 year from filing, unless before the lien of such creditor or subsequent mort- 
 gagee be acquired, or before such purchase, the mortgagee, his agent or at- 
 torney makes and attaches to the mortgage or copy on file, an affidavit 
 showing his interest in the property by virtue of said mortgage. Such re- 
 newals must be made yearly. 
 
 A chattel mortgage may be made to cover after acquired property. A 
 proviso allowing the mortgagor to sell in the ordinary course of trade does 
 not invalidate the mortgage. 
 
 Claims against the Estates of Deceased Persons .—When administration 
 of an estate is granted, the probate court may and generally does appoint 
 commissioners to receive and adjust all claims against the deceased, or these 
 commissioners may be appointed subsequently at any time. The court al- 
 lows in the first instance not less than six nor more than eighteen months iu 
 which to prove debts, but may extend the time to not exceeding two years. 
 in all. The court may itself hear claims and may at any time before the 
 estate is closed, revive the commission on the application of a creditor who 
 has failed to present his claim. The commissioners publish notice of their 
 meetings. 
 
 Conditional Sales of Personal Property.— Are good as against the vendee 
 and third parties, whether bona fide purchasers or not. 
 
 Corporations. — Corporations, except for municipal purposes, must be 
 formed under general laws, and cannot be created by special act. No cor- 
 poration, except for municipal purposes, or for the construction of railroads, 
 })lankroads, or canals, can be created for a longer time than thirty years. 
 The state cannot subscribe for or own stock in a corporation. 
 
 Costs. — Security for costs must be furnished by non-resident plaintiffs. 
 
 Courts. — Terms and Jurisdiction : 
 
 The su2')reme court has general superintending control over inferior courts, 
 and has power to issue writs of error, habeas corpus, mandamus, and other 
 original and remedial writs, and to hear and determine the same. In other 
 cases it has appellate jurisdiction only. It reviews law cases only upon 
 questions of law; in equity cases it reviews both law and fact. It is composed 
 of four judges. The term of office is eight years, one judge being elected every 
 two years. The office of chief justice is rotary, each judge holding it during 
 the last two years of his term. Four terms a year are held — in Januaxy, 
 April, .June and October. 
 
 The state is divided into twenty-eight judicial circuits, in each of which is 
 a circuit judge, except the circuit comprising Wayne county , which has thice- 
 judges. The term of office is six years. The circuit courts have a substan- 
 tially general original jurisdiction at law and in equity, and ai)pellate juris- 
 diction from inferior courts and a supervisory control of the same. Appeals 
 lie directly from the circuit courts to the supreme court. 
 
 Each county has a prolate court which has jurisdiction of the administra- 
 tion of the estates of deceased persons and of estates under guardianship. 
 Appeal lies to the circuit court of the county. 
 
 Justices'' courts have exclusive jurisdiction to the amount of $100 in ac- 
 tions upon contract, and concurrent jurisdiction with the circuit courts iiL
 
 MICHIGAN. 423 
 
 such actions to the amount of s:300. In most actions founded on tort, they 
 have jurisdiction to the amount of $100. Appeal lies to the circuit court of 
 the ccninty. 
 
 The city of Grand Rapids has a superior court, having generally the same 
 original jurisdiction in civil matters within the corporate limits as a circuit 
 court. 
 
 Court Calendar : 
 
 UNITED STATES CIRCUIT COURT. 
 
 Associate Justice 0/ t?ie Supreme Court.— Stanley Matthews, of Ohio. Circuit Jvdyc. 
 —Howell E. Jackson, of Jackson, Teiin. 
 
 EaMern District. District Jmlffc— Henry B. Brown. C/erA;.— Walter Harsha. 
 
 Terms. — 1st Tuesday of March, June and November. 
 
 Westei-n Dittrict. District Judge— Henry F. Severens, Kalamazoo, Mich. Clerk.- 
 H. M. Hinsdill. 
 
 Terms. — 1st Monday in March and October. 
 
 SUPREME COURT. 
 
 Chief Justice. — James V. Campbell, of Detroit. Associate Justices. — Thomas R. Sher- 
 wood, of Kalamazoo ; John W. C'hampliu, of Grand Rapids ; Allen B. Morse, of lona. 
 C/rcA-.— Charles C. Hopkins, of Lansing. 
 
 The court holds four terms annually in Lansing, commencing on the 1st Tuesday 
 after the 1st Monday in January, April, June and October. 
 
 THE SUPERIOR COURT OF GRAND RAPIDS. 
 
 Judge.— ls&a.e H. Parrish. CTerfc— Charles Rathburn. 
 Terms.— 'Id Monday of March, ^lay, September and December. 
 
 CIRCUIT COURTS. 
 
 County. County Seat. Circuit. Terms Begin. 
 
 Alcona Harrisville . . 2:5 1st Tues. Feb. and June, 8rd Tues. Oct. 
 
 Alger Alger 11 1st Tucs. June and November. 
 
 Allegan . . . .Allegan .... 20 4th Mon. P'eb., 1st Mon. June, Dec. and Oct. 
 Alpena . . . .Alpena .... 26 2d Tues. Feb., .\ug.,lst Tues. May and Nov. 
 Antram .... Bellaire .... 13 2d Tues. Nov. and March, 1st Tues. May. 
 
 Arenac .... Otner 18 3d Tues. Feb. and Aug. 
 
 Baraga L'Anse .... 12 1st Tues. Jan., June aiid Oct. 
 
 Barry Hastings . . . 5 3d Mon. Feb., 2d :Mon. May,3d Mon. Aug., 2dMon. 
 
 November. 
 
 Bay Bay City . . . . 18 1st Tuesday March, June, Sept. and Dec. 
 
 Benzie Benzonia . . . 28 2d Tues. Jan., 3rd Tues. June. 
 
 Berrien . . . . Berrien Springs 2 3d Mon. Jan., Oct., 2d Mon. April, 1st Mon. June 
 Branch . . . . Culdwater . . . 1.5 1st Mon. May, Dec, 3d Mon. June, 4th Mon. Se))t. 
 Calhoun . . . .Marshall ... 5 2d Mon. March, 1st Mon. June, 2d Mon. Sept., 1st 
 
 Mon. Dec. 
 Cass ... . . Cassopolis ... 2 1st Mon. Mar., Dec, 3d Mon. May, 4tli Mon. Sept. 
 Charlevoix . .Charlevoix . . 13 3d Tues. Nov., 4th Tues. Feb. and May. 
 Cheboj'gan . . Chebovgan . . 13 4th Tues. Jan., 2d Tues. April, 4th Tues. Oct. 
 Chippewa . . . SaultSte. Marie 11 1st Tues. Feb., 2d Tues. May, 4th Tues. Sept. 
 
 Clare Harrison ... 21 2d Mon. Feb., 1st ^^on. May and Nov. 
 
 Clinton . . . . St. John .... 8 1st Mon. Jan., April and Oct.. 3d Mon. June. 
 Crawford . . . (iravling . . . 23 2d Tues. Fel). and June, 4th Tues. Oct. 
 
 Delta Escunaba . . . i5 l.'^t Mon. .Ian., 2d fues. May, 1st Mon. Oct. 
 
 Eaton Charlotte . . . .5 3d Mon. Jan., April, July and Oct. 
 
 Emmet . . . . Harbor Spr'gs . 13 1st Tucs. Feb. and June, 4th Tues. Oct. 
 
 (ienesee . . . .Flint 7 4th Mon. Feb. and May, 3d Mon. Aug. and Nov. 
 
 (iladwin . . .Gladwin . . . 21 4tli Mon. .Ian. and .lune, 3d Mon. Sept. 
 Gr'nd Traverse Traverse City . 13 2d Tues. Jan., 1st Tues. April and Oct. 
 
 Gratiot . . . . Ithica 21 2d Tues. March and Oct., 1st Tues. June and Dec. 
 
 Hillsdale . . . Hill.sdale ... 1 1st Tues. March. 2d Tues. May, Oct. and Dec. 
 Houghton . . . Houghton ... 12 4th Tues. Jan., 3d Tues. May, July and Nov. 
 
 Huron Bad Axe . . . 24 1st Tues. Jan., March and June, 4th Tues. Sept. 
 
 Ingham . . . .Mason 4 1st Mon. Mar.. ."Id Mon. Oct. at Lansing. 3d Mon. 
 
 M.ay, 3d Mon. Dec. at Mason. 
 
 lona lona 8 1st Mon. Feb., May, Sept. and Nov. 
 
 Iosco TawasCity . . 2;^ 4th Tues. Jan. May aud.Iuly, next to lastTus. Sept. 
 
 Iron Iron River . . . 25 2d Tues. Jan., 4th Wed. June, 3d Wed. Nov. 
 
 Isabella . . . . Mt. Pleasant . 21 4th Mon Feb., 3d Mon. May, Nov., 1st Mon. Sept. 
 
 Isle Royal . . . Minong .... 12 2d Mon. Feb. and Aug. 
 
 Jackson . . . .Jackson .... 4 3rd Mon. Jan., 2d Mon. April, 2d Mon. Sept., 3d 
 
 Mon. Nov. 
 Kalamazoo . .Kalamazoo . . !) 3i-d Mon. February, 1st JI<jn. .lune and Oct., 2d 
 
 Mon Dec. 
 Kalkaska . . .Kalkaska . . . 28 4th Tues. Jan., 1st Tues. June and Sept.
 
 424 
 
 MICHIGAN. 
 
 County. 
 
 Kent .... 
 Keweenaw 
 Lake . . . 
 Lapeer . . 
 Leelenaw . 
 Lenavee . . 
 Livingston 
 Mackinac 
 Macomb . . 
 Manistee . 
 
 Manitou . . 
 Marquette . 
 
 Mason . . . 
 Mecosta . . 
 Menominee 
 
 County Seat. Circuit. 
 
 Terms Begin. 
 
 Midland . . 
 Missaukee . . 
 Monroe . . . 
 Montcalm . . 
 Montmorency 
 Muskegon . . 
 Newaygo . . 
 Oakland . . 
 Oceana . . . 
 Ogemaw . . . 
 Ontonogon . 
 Osceola . . . 
 
 . Grand Rapids , 
 . Eagle River . . 
 . Baldwin . . , 
 , Lapeer . . . . , 
 , North port . . , 
 . Adrian . . . . 
 . Howell . . . . 
 , Mackinac . . . 
 , Mt. Clemens , 
 , Manistee . . . 
 
 . St. James . . . 
 Marquette . . 
 
 Ludington . . 
 
 . Big Rapids . . 
 
 Menominee . . 
 
 , Midland . . . . 
 
 Lake City . . . 
 
 Monroe . . . . 
 , Stanton . . . . 
 
 Hillman . . . . 
 
 Muskegon . . . 
 
 Newaygo . . . 
 
 Pontiac . . . . 
 
 Hart 
 
 West Branch . 
 
 Ontonogon . . 
 , Hersey 
 
 Oscoda Indian Lake 
 
 Otsego . . . . 
 Ottawa . . , 
 Presque Isle , 
 Roscommon 
 Saginaw . . , 
 St. Clair . . , 
 St. Joseph . . 
 Sanilac . . , 
 Schoolcraft 
 Shiawassee . 
 Tuscola . . , 
 Van Buren . 
 Washtenaw 
 Wayne ... 
 Wexford . . , 
 
 Gay lord . . . . 
 . Grand Haven 
 , Rogers City . 
 . Roscommon 
 . Saginaw . . . 
 , Port Huron . 
 . Centreville . 
 . Lexington . . . 
 . Manistique . 
 , Coruuna . . . , 
 , Caro 
 
 Paw Paw . . , 
 . Ann Arbor . 
 . Detroit . . . 
 . Sherman . . 
 
 1st INIon. March, May and Dec, 4th Mon Sept. 
 
 •Srd Tues. Jan., 2d Tues. June and Oct. 
 
 1st Mon. Jan. and Nov., 2d Mon. April, 4th June. 
 
 2d Mon. Jan., March, July and Nov. 
 
 4th Tues. Nov. and 2d Tues. May. 
 
 od Tues. Jan., 1st Tues. Apr., Sept., 2d Tues. Nov. 
 
 2d Tues. Jan. and Oct., 3d Mon. April and June, 
 
 :M Tues. Feb., 2d Tues. June and Oct. 
 
 3d Mon. Jan.. April, Aug. and Oct. 
 
 3d Monday Feb. and May, 4th Monday July, 2d 
 
 Monday November. 
 4th Tues. June and Oct. 
 1st Wed. April, 4th Tues. May, Srd Wed. Sept., 1st 
 
 Wed. Dec. 
 3d Mon. Jan., Aug., 1st Mon. May, 3d Mon. Oct. 
 1st Tues. Jan., March, June and October. 
 Last Mon. Mar., 3d Tues. June, 1st Tues. Sept., 4th 
 
 Mon. Nov. 
 2d Mon. Jan., 3d Mon. April, 4th Mon. April. 
 1st Tues. Jan., 2nd Tues June. 
 1st Mon. Feb., April and Nov., 2d Mon. Sept. 
 1st Mon. March, June and Dec , 2d Mon. Sept. 
 Srd Tues. May and Sept. 
 
 3d Mon. Jan. and May, 1st Mon. Oct. and Dec. 
 1st Tues Feb., May, Sept. and Dec. 
 1st Mon. Feb., May, Oct. and Dec. 
 3d Mon. Feb , Aug. and Nov., 1st Mon. May. 
 Srd Tues. Feb. and June, last Tues. Sept. 
 2d Mon. Jan., 3d Tues. June, Srd Mon. Oct. 
 1st Mon. Feb., 3d Mon. April, 2d Mon. July, 4th 
 
 Mon. Nov. 
 Friday next after 3d Tues. Feb. and June, Friday 
 
 next after last Tuesday of September. 
 Srd Tues. Jan. and June, 1st Tues Oct. 
 2d Mon. Jan., 4th Mon. Mar., 1st Mon. Aug., Nov. 
 2d Tues. Jan., June and Oct. 
 .3rd Tues. Jan., 4th Tues. May, 5th Tues. Aug. 
 2d Tues Feb., May, 3d Tues. Sept., 1st Tues. Dec. 
 3d Mon. Feb., May, Sept. and Nov. 
 3d Mon. Jan., July, 2d Mon. Apr., 4th Mon. Oct. 
 3d Tues. Jan. and April, 4th Tues. June and Oct. 
 Sd Tues. Jan., 2d Tues. July. 
 1st Mon Feb. and May, 2d Mon. Sept. and Dec. 
 1st Mon. Feb., May, Sept. and Dec. 
 Srd Mon. Jan., 1st Mon. May, 2d Mon. Sept., Nov. 
 1st Tues. March, May, Oct. and Dec. 
 1st Tues. Jan., March, Mav, Srd Tues. Sept., Nov. 
 1st Tues. Feb., 3d Tues. May and Nov., 4th Tues. 
 • August. 
 
 Curtesy. — There is no estate by curtesy. 
 
 Deeds and Mortgages. — A conveyance of lands executed within the state 
 to be entitled to record must be si;.;ned, sealed (a scroll is sufficient), wit- 
 nessed by two witnesses and acknowledged. The acknowledgment may be 
 before any judge or commissioner of a court of record, notary public or jus- 
 tice of the peace. 
 
 If executed in any other state, territory or district of the United States, it 
 may be executed, 1st, before a commissioner for Michigan ; or, 2d, it may be 
 executed according to the laws or such state, territory or district, and the 
 execution thereof may be acknowledged before any judge of a court of rec- 
 ord, notary public, justice of the peace, master in chancery, or other officer 
 authorized by the laws of such state, etc., to take the acknowledgment of 
 deeds therein. And in such cases the deed shall have attached to it a certifi- 
 cate of the clerk or other proper certifying officer of the court of record of 
 the county or district, or of the secretary of state, of the state or territory 
 within which such acknowledgment was taken, under the seal of his office, 
 that the person whose name is subscribed to the certificate of acknowledg- 
 ment was at the date thereof such officer as he is thereon represented to be, 
 and that he believes the signature of such person to such certificate of ac- 
 knowledgment to be genuine, and that the deed is executed and acknowl- 
 edged according to the Jaws of such state, territoiy or district.
 
 MICHIGAN. 42-5 
 
 If executed in any foreign country, such deed may be executed according 
 to the laws of such country, and the execution thereof may be acknowledged 
 before any notary public therein, or before any minister, charge de' 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. 
 
 A quit-claim deed is sufficient to pass all of the estate which the grantor 
 could convey by deed of bargain and sale. 
 
 The words " heirs and assigns of the grantee " are not necessary to create 
 in the grantee an estate of inheritance ; if it be the intention of the grantor 
 to convey any lesser estate, it must be so expressed in the deed. 
 
 No covenant is implied in a conveyance of real estate. A conveyance of 
 lands held adversely is good. 
 
 A husband need not join in the conveyance of his wife's property. The 
 acknowledgment of a married woman to a deed is taken in the same manner 
 as if she were sole. A homestead cannot be mortgaged (except for the pur- 
 chase price) or deeded by the husband without the signature of the wife. 
 
 An unrecorded deed or mortgage is void as against a subsequent jjurchaser 
 or mortgagee in good faith for a valuable consideration, whose deed or mort- 
 gage shall be first recorded. 
 
 Notice to the mortgagor of the assignment of a mortgage is necessary to 
 invalidate payments subsequently made by him in good faith to the mort- 
 gagee. The record of the assignment is not sufficient. 
 
 Short Forms under law of 1S81. — Any conveyance of lands worded in sub- 
 stance as follows : 
 
 A. B. conveys and warrants to C. D. (here describe the premises), for the 
 sum of (here insert the consideration), the said conveyance being dated, and 
 duly signed, sealed and acknowledged by the grantoi', shall be deemed and 
 held to be a conveyance in fee simple to the grantee, his heirs and assigns, 
 with covenant from the grantor for himself and his heirs and personal rep- 
 resentatives, that he is lawfully seized of the premises, has good right to 
 convey the same, and guarantees the quiet possession thereof ; that the same 
 are free of all incumbrances and that he will warrant and defend the title 
 to the same against all lawful claims. 
 
 Any conveyance of land worded in substance as follows ; A. B. quit- 
 claims to C. D. (here describe the premises) for the sum of (here insert the 
 consideration), the said conveyance being duly signed, sealed and acknowl • 
 edged by the grantor, shall be deemed to be a good and sufficient conveyance 
 in quit claim to the grantee, his heirs and assigns. 
 
 Any mortgage of lands worded in substance as follows : A. B. mortgages 
 and warrants to C. D. (here describe the premises) to secure the repayment 
 of (here recite the sum for which the mortgage is granted, or the notes or 
 other evidences of debt, or a description thereof sought to be secured, also 
 the date of repayment), the said mortgage being dated and duly signed, 
 sealed, acknowledged by the grantor, shall be deemed and held to be a good 
 and sufficient mortgage to the 'grantee, his heirs, assigns, executors and ad- 
 ministrators, with warranty from the grantor and his legal representatives, 
 of perfect title in the grantor and against all previous incumbrances. And 
 if in the above form the words "and warrant" be omitted, the mortgage 
 shall be good but without warranty. 
 
 The following, or any other form substantially the same, shall be a good 
 or sufficient form of acknowledgment of any deed or mortgage : 
 
 Before me, E. F. (a judge, justice of the peace, commissioner or notary 
 
 public, as the case may be) this day of , A. B. acknowledged the 
 
 execution of the annexed deed (or mortgage); provided, that the sign- 
 ing, sealing, and delivering of every such deed and mortgage shall be wit- 
 nessed by two persons who shall subscribe their names thereto. 
 
 Descent of Real Estate. — Subject to the payment of debts in the follow- 
 ing manner : 1. In equal shares to children, and to the issue of any deceased
 
 426 MICHIGAN. 
 
 child by right of representation. If there be no child living, to other lineal 
 descendants, and if all said descendants are in the same degree of kindred to the 
 intestate, they share equally, otherwise according to representation. 3. If 
 there be no issue, to the widow for life, and after her death, to the father 
 and mother in equal shares, and if there be no mother, to the father alone. 
 If there be no issue nor widow, to the father and mother in equal shares, and 
 if there be no mother, to the father alone. 3. If there be no issvie, widow or 
 father, one-half to the mother, and the remainder in equal shares to the bro- 
 thers and sisters, and to the children of any deceased brother or sister by 
 right of representation. 4. If there be no issue, widow, father, brother, nor 
 sister, to the mother to the exclusion of the issue, if any of deceased bro- 
 thers or sisters. 5. If there be no issue, widow, husband, father, mother, 
 brother, nor sister, to the next of kin in equal degree, excej^ting that when 
 there are two or more collateral kindred in equal degree but claiming through 
 diflerent ancestors, those who claim through the nearest ancestor shall be 
 preferred to those claiming through an ancestor more remote ; provided how- 
 ever, 6. If any person shall die leaving several children, or leaving one child 
 and the issue of one or more other children, and any such surviving child 
 shall die under age, and not having been married, all of the estate that came 
 to the deceased child by inheritance from such deceased parent, shall descend 
 in equal shares to the other children of the same parent, and to the issue of 
 any such other children who shall have died, by light of representation. 7. 
 If at the death of such child who shall die under age, and not having been 
 married, all the other children of his said parent shall also be dead, and any 
 of them shall have left issue, the estate that came to said child by inheritance 
 from his said parent, shall descend to all the issue of other children of the 
 same parent ; and if the said issue are in the same degree of kindred to 
 said child, they shall share the said estate equally, otherwise they shall 
 take according to the right of representation. 8. If there be a widow and 
 no kindred, all to the widow. 
 
 If there be no wife or kindred, the estate escheats to the people of the 
 state for the use of the primary school fund. 
 
 Descent of Personal Property. — To the widow, all her wearing apparel 
 and her ornaments, and those of the deceased, the household furniture not 
 exceeding $250, and also $200 worth of other property to be selected by hei'. 
 To the widow and children constituting the family, a reasonable allowance 
 for their maintenance during the settlement of the estate, but in case of an 
 insolvent estate this must not be for more than a year after granting admin- 
 istration. To children under ten years having no mother, a maintenance un- 
 til they reach that age. 
 
 If the estate does not exceed 6150 above the allowances to widow and 
 family, the i^robate court has discretionary power to give her the whole. If 
 the estate amounts to more, the debts are paid out of it. 
 
 The residue of the estate is distributed as follows : 
 
 One-third to the widow and two-thirds to the children, when there are 
 more than one. If there be but one child, one-half to the widow and one- 
 half to such child. If there be no children, to the widow the entire estate, 
 if not over $1,000 ; if over, then one-half the excess to the widow, and one- 
 half to the father ; or, if the father be not living, one-half to the motlier, 
 brothers and sisters, and issue of any deceased brother or sister by right of 
 representation. If there be no father, mother, brother, sister, nor issue of 
 any deceased brother or sister, all to the widow. In other cases the residue 
 is distributed the same as real estate. 
 
 On the death of a married woman intestate, her personalty, after payment 
 of debts, goes one-third to the husband, and two-thirds to the children. If 
 there be but one child, then one-half to the husl)and, and one-half to such 
 child. If there be no child, one-half to the husband, and one-half to her 
 father ; or, if the father be dead, one-half to the mother, brothers, sisters 
 and issue of any deceased brother or sister by right of representation ; or, if 
 there be none of these, then all to the husband.
 
 MICHIGAN. 427 
 
 An illegitimate child iiilierits from the mother, but cannot claim, as repci- 
 senting the mother, any part of the estate of any of her kindred. 
 
 The estate of an illegitimate child goes to the mother ; if she be dead, to 
 the relations of intestate on the part of the mother. 
 
 Degrees of kindred are computeil according to the civil law. 
 
 Kindred of the half blood inherit equally with those of the whole blood, 
 unless the inheritance came to the intestate by descent, devise or gift from 
 some of his ancestors, in w^hich case all those who are not of the blood of 
 such ancestor are excluded. 
 
 Depositions. — The depositions of witnesses residing out of the state may 
 be taken to be used in a cause pending in a court of record in this state 
 under a commission to be awarded by such court on proper application. 
 Upon the written consent of the parties the clerk may issue the commission 
 without other authority. Interrogatories accompany the commission, and 
 also instructions for taking the depositions. The depositions of witnesses- 
 residing in this state to be used in the courts of other states and countries, 
 may be taken under a commission from such other state or country. Such 
 depositions may also be taken without a commission, where it appears by 
 affidavit that according to the course and practice of the court in which the 
 suit is jjending, the deposition of a witness taken without the presence or 
 consent of both parties will be received on the trial or hearing of such suit. 
 The deposition of a witness may be taken in any civil action pending in any 
 of the courts of the state, where the witness lives more than thirty miles 
 from the place of trial, or shall be about to go out of the state and not to 
 return in time for the trial, or is so sick, infirm or aged as to make it prob- 
 able that he will not be able to attend the trial. But such deposition cannot 
 be used if it shall appear that the reason for taking it no longer exists. 
 
 So also any person who expects to be a party to a suit to be thereafter 
 commenced in any court of record, may cause the testimony of any witness 
 material to him in the prosecution or defense of such suit, to be taken con- 
 ditionally and jierpetuated in the cases above mentioned. 
 
 Depositions of witnesses residing out of the state, and in the United States- 
 or Canada, may be taken and used in actions in any of the courts of the 
 state, in the same manner and under the same regulations prescribed for 
 taking depositions of witnesses residing in the state. 
 
 Form of Instructions for taking Depositions. 
 
 The person — to whom .such commission .shall be directed, or any one of 
 them, unless otherwise expressly diret'ted therein, shall execute the same as 
 follows : 1. They, or any of them, shall i)ul)licly administer an oath to the 
 witness named in the commission that the answers given by them to the in- 
 terrogatories proposed to tliena shall be the truth, the whole truth, and noth- 
 ing but the truth. 2. The examination of each witness shall be reduced to 
 writing, subscribed by witness and certified by commissioners. 3. All ex- 
 hibits jjroduced shall be annexed to the deposition to which they relate, and 
 shall be subscribed bj' the witness proving the same, and shall be certified 
 by the commissioners. [This section must be understood to refer to such 
 papers as can be jjroduced upon the examination.] If the paper referred to 
 be a record not subject to the control of the party or the commissioners, it 
 will be sufficient to annex a copy, and the original may be ])roduced, on the 
 trial, separate from the commission. 4. The commissioners shall sign each 
 sheet of the deposition. 
 
 The above instructions should be strictly pursued throughout. 
 
 The commission may be executed by any of the commissioners without 
 the others. 
 
 FORM OF OATH. 
 
 "You do solennily swear that the answers given by you to the interroga- 
 tories proposed to you shall be the truth, the whole truth, and nothing but 
 the truth — so help you God."
 
 428 MICHIGAN. 
 
 FORM OP AFFIRMATION. 
 
 "You do solemnly and sincerely affirm that the answers given by you to 
 the interrogatories proposed to you shall be the truth, the whole truth, and 
 nothing but the truth. This you do under the pains and penalties of 
 perjury," 
 
 And in all cases certify the mode of administering the oath. 
 
 FORM OF CAPTION. 
 
 Deposition of , of , in the- state of . a witness produced, sworn 
 
 and examined on the day of , A. D. 18 — , at , in the said state 
 
 of , by virtue of a commission issued out of the circuit court and for the 
 
 county of , in the state of Michigan, on the day of , A. D. 18 — , 
 
 and directed to us (or me), or either us, commissioiiers for the examination 
 
 of , witness — , in a cause depending all in said court, between , 
 
 plaintiff, and , defendant, on the part of said , Having read said 
 
 commission and the instructions thereto annexed, and having administered 
 an oath to said witness that the answers given by him to the interrogatories 
 proposed to him should be the truth, the whole truth, and nothing but the 
 truth, I (or we) proceed to the examination as follows, viz. : 
 
 , of , in the state of , aged and upward, a witness pro- 
 
 <luced, sworn and examined on the part of the in said cause, deposeth 
 
 as follows, viz, : 
 
 1. To the first interrogatory this deponent that he . 
 
 2. To the second interrogatory this deponent saith . 
 
 Under this head and in this manner you will proceed with the examination 
 of the witness on the interrogatories (and cross-interrogatories, if any), tak- 
 ing down the answer to each. You will yourselves ask such questions arising 
 on the interrogatories as you deem necessary in order to elicit the whole 
 truth. If there be one or more interrogatories to which the witness cannot 
 depose, knowing nothing of the matters therein contained, let the answer be 
 as follows : 
 
 " To the interrogatory this deponent saith that he knows nothing and 
 
 can depose nothing to the matters therein contained." 
 
 The witness must subscribe his name to the deposition when engrossed 
 and on the margin of each sheet the commissioners will also write their 
 names. At the bottom of the deposition, after it is signed by the witness, 
 commissioners will add their certificate, in substance as follows : 
 
 CERTIFICATE. 
 
 State of Michigan, I 
 
 County of . ^ 
 
 On the day of , A, D. 18 — , at the , in said county and state, 
 
 personally appeared before us , one of the witnesses above named, and 
 
 after having taken the oath prescribed in the instructions annexed to the 
 commission mentioned in the caption to the above deposition, which oath 
 
 was administered by , and taken by such with uplifted hand (or by 
 
 whatever other mode), declared that the foregoing deposition, by him sub- 
 scribed, contains the truth, the whole truth, and nothing but the truth ; said 
 witness residing without the state of Michigan. The deposition was reduced 
 
 to writing by , one of the commissioners (or by a "disinterested person, " 
 
 in our presence, or "by the witness himself"). 
 
 ) f 
 , > Commissioners. 
 
 If any exhibits are offered and proved, add to the foregoing certificate as 
 follows, to wit : 
 
 "The paper writing hereto attached, and marked as exhibit , was pro- 
 duced and proved before us by the witness, , as by reference to his 
 
 examination may appear."
 
 MICHIGAN. 429 
 
 When you have gone through with the witness, and his deposition is en- 
 grossed and subscribed by him, you will annex the interrogatories to the 
 commission with tape, the tie of which you will seal, and write and subscribe 
 on the back of the commission the following return : 
 
 "The execution of the foregoing commission appears in certain schedules 
 hereunto annexed." 
 
 , > Commissioners. 
 
 ) ' 
 
 When the whole is completed and tacked together, as above directed, 
 inclose it in a letter or package, seal it, and direct as follows, viz. : 
 
 To , esquire, clerk of the circuit court for the county of , Michigan. 
 
 The within deposition of , to be read in a case pending before the cir- 
 cuit court for the county of , was taken, sealed up and transmitted by 
 
 , V Commissioners. 
 
 Divorce. — Divorces cannot be granted by the legislature. Sentence of 
 imprisonment for life dissolves marriage without any divorce. The ca,uses 
 for absolute divorce are adultery, physical incompetency at time of marriage, 
 sentence to imprisonment for three years or more, desertion for two years, 
 habitual drunkenness, and, in the discretion of the court, a divorce obtained 
 by either party in another state. Divorce, either from the bond of matri- 
 mony or from'bed and board, may, in the discretion of the court, be decreed 
 for extreme cruelty, desertion for two years, or refusal on the part of the 
 husband to maintain. 
 
 If parties who are under the age of consent marry and separate during 
 such nonage, and do not cohabit afterwards, or if the consent of one of the 
 parties to a marriage was obtained through force or fraud, and. they shall 
 separate and not voluntarily cohabit afterwards, the marriage in either case 
 is void without any legal proceeding. 
 
 All marriages prohibited by law on account of consanguinity or affinity 
 between the parties, or on account of either of them having a former wife or 
 husband then living, and all marriages solemnized when either of the parties 
 was insane or an idiot, shall, if solemnized within this state, be absolutely 
 void without any decree of divorce or other legal process. Provided that th& 
 issue of such marriage, except that contracted while either of the parties 
 thereto had a former husband or wife living, shall be deemed legitimate. 
 
 Whenever the nullity of a marriage, or a divorce a vinculo for any cause 
 except the adultery of the wife, is decreed, and whenever a husband is sen- 
 tenced to imprisonment for life, and also upon every divorce from bed and 
 board, the wife takes her real estate as upon the death of the husband. And 
 upon any such divorce the court may also restore to the wife the personal 
 property which came to the husband by the marriage, or award to her its 
 value in money. 
 
 As to the wife's right of dower in the husband's lands in case of divorce, 
 see Dotcer. 
 
 No divorce shall be granted unless the complainant shall have resided in 
 the state one year immediately preceding the time of filing the bill, or unless 
 the marriage was solemnized in the state, and the complainant shall have 
 resided in the state from the time of such marriage to the time of tiling the 
 bill. When the cause for divorce occurred out of the state, no divorce shall 
 be granted unless the complainant or defendant shall have I'esided within the 
 state two years next preceding the tiling of tlie bill. No proofs or testimony 
 shall be taken in any cause until four mouths after the filing of the bill, 
 except where the cause for divorce is desertion, or where the testimony is 
 taken conditionally for the purpose of perpetuating such testimony. The 
 bill of divorce shall set forth the names and ages of the children of the mar- 
 riage, and when there are children under fourteen years of age, a copy of the
 
 430 MICHIGAN. 
 
 subpcona issued in the cause shall be served upon the prosecuting attorney 
 of the county, and it shall be his duty to enter his appearance in the cause ; 
 a.nd when in his judgment the interest of said children or the public good so 
 requires, he shall introduce evidence and appear at the hearing and oppose 
 the granting of a divorce. 
 
 In granting a divorce the court may decree that the party against whom 
 the divorce is granted shall not marry again within a si^ecified time, not ex- 
 "Ceeding two years. 
 
 Dower. — A widow, resident within the state, is entitled to the use, for 
 life, of one-third of all lands of which her husband was seized during the 
 marriage, except so far as she has become barred thereof. A widow residing 
 out of the state is only entitled to dower in lands in the state, of which her 
 husband died seized. In case of the dissolution of marriage, by the husband 
 being sentenced to imprisonment for life, or of divorce for the adultery, mis- 
 conduct or habitual drunkenness or imprisonment of the husband, the wife 
 is entitled to dower in his lands in the same manner as if he were dead. 
 
 A married woman may bar her right of dower by joining in her husband's 
 ■deed, or by subsequent deed to his grantee, by a jointure in lands settled on 
 her with her assent before marriage, or by accepting a provision in the hus- 
 band's will made in lieu of dower. 
 
 In cases where the husband exchanges an estate of inheritance in lands for 
 other lands, the widow is not entitled to dower in both. If she does not 
 within one year after the death of the husband commence proceedings to re- 
 cover dower in the lands given in exchange, she is deemed to have elected to 
 take dower in the lands I'eceived in exchange. 
 
 "Where a jointure is made before marriage, but without the assent of the 
 intended wife, or where provision is made for the widow in the husband's 
 Avill in lieu of dower, she will be deemed to have elected to take such provis- 
 ion or jointure unless within one year after his death she commences pro- 
 ceeding to recover her dower. 
 
 A widow is entitled to remain in the dwelling house of her husband one 
 year after his death without rent, and to support out of his estate for the 
 .same time. 
 
 Evidence. — Parties are competent witnesses, except that in suits by or 
 against the representatives of a deceased person, or by a surviving jjartner, 
 the opposite party cannot testify in his own behalf as to matters equally 
 within the knowledge of such deceased person or (in such partnership case) 
 within the knowledge of the deceased partner and not within the knowledge 
 of the surviving partner. 
 
 No person is incompetent as a witness on account of his religious opinions, 
 his interest in the suit, or relationship to a party, or by reason of conviction 
 for crime, but such relationship, interest or conviction may be shown to 
 affect the credibility of the witness. Husband and wife cannot be witnesses 
 against each other witliout the otlier's consent. Professional communica- 
 tions to lawyers, physicians and ministers are privileged. 
 
 As to the effect as evidence of an affidavit of account, partnership or incor- 
 poration. {See Afflddvit.) 
 
 In divorce cases either party may testify in his or her own behalf, but this 
 testimony can be taken only in open court, and cannot be received in sup- 
 port or in defense of a charge of adultery. 
 
 Executions. — On judgments of courts of record execution may issvie at 
 once ; no stay is permitted. In jvistices' courts execution may issue after 
 five days from the rendition of judgment, unless the same is appealed from 
 or stayed ; upon filing security the judgment, unless it be for personal ser- 
 vice performed by the plaintitt', may be stayed four months where it does not 
 exceed $50, and where it exceeds the amount, six months.
 
 MICHIGAN. 431 
 
 On an execution sale of real estate, the debtor lias one year in which to 
 redeem. Tlie rights of the i)urchaser may be acquired by a creditor holding 
 a lieu on the projjerty within fifteen moutlis after the sale, by paying the bid 
 with interest. 
 
 Executors. — A foreign executor has no right to act within the state. 
 Payment to iiim or a discharge of a mortgage by him, would not be good as 
 against tlie claims of an administrator appointed within the state. Execu- 
 tors have to give bonds. 
 
 Exemptions. — The following i)roperty is exempt from sale under execution : 
 
 A homesteail of one lot in any city, village, or town, or not mure than 
 forty aciX'S of land outside, and not exceeding $1,500 in value, owned and 
 occupied by a resident of the state ; spinning-wheels, weaving-looms and 
 stoves jiut up and kept for use in any (Iwelling house ; a pew in a churcli, 
 and a lot in a cenietery, if used ; arms required by law to be kept, and all 
 wearing apparel of every person or family ; the library and school books of 
 every individual or family not exceeding in value $150 ; one sewing machine, 
 and all family pictures ; to each householder, ten sheep, two cows and five 
 swine, six months" provisions and fuel, and household goods, furniture and 
 utensils not exceeding in value $250 ; to each debtor, the tools, implements, 
 materials, stock, ap])aratus, team, vehicle, horses, harness or other things 
 not exceeding in value 6250 ; to enable hhn to carry on business in which he 
 is wholly or principally engaged ; a sufficient quantity of hay, grain, feed 
 and roots for properly keeping for six months such exempt animals. 
 
 No lien can be created on any of the above property, except the $250 of 
 tools, etc., without the signature of the wife to the mortgage, etc. 
 
 Where the homestead exceeds $1500, the balance may be reached on exe- 
 cution by a sale of the property. 
 
 Factors. — There is no statute upon the subject. 
 
 False Pretense. — Any person who shall obtain property, or who shall 
 obtain the signature ot any other person to any written instrument, the mak- 
 ing whereof would be i^unishable as forgery, by means of any false token or 
 pretense, shall be punished by imprisonment of not more than ten years, or 
 by fine not exceeding $500, and imi^risonment of not more than one year. 
 
 Frauds, Statute of. — No conveyance of lands other than leases, for not 
 exceeding one year, is valid, except it be in writing and subscribed by the 
 party or by some one by him authorized in writing. 
 
 A contract for lands, or for the leasing for longer period than one year, is 
 void, unless the contract or some note or memorandum thereof is in writing 
 and signed by the contractor, or by some person by him authorized in writing. 
 
 Every agreement that by its terms is not to be perfonned in one year, 
 every special promise to answer for the debt, default or misdoings of another, 
 every agreement, made upon consideration of marriage, except mutual 
 promise to marry, and every special promise by an executor or administrator 
 to answer damages out of his own estate, is void, unless said agreement or 
 some note or memorandum thereof is in writing, signed by the contractor or 
 by some person authorized by him. 
 
 Every sale of chattels, unless accompanied by an immediate delivery and 
 followed by an actual and continued change of possession, is presumptively 
 fraudulent and void as against creditors or subsequent purchasers in good 
 faith. 
 
 Contracts for the sale of goods or chattels for the price of fifty dollars or 
 more are invalid, unless the purchaser accepts and receives part of the goods 
 sold, or shall give something in earnest to bind the bargain or in part pa}'- 
 ment, or unless some note or memorandum in writing, of the bargain, be 
 made and signed by the party to be charged thereby, or by some person by 
 him authorized.
 
 432 MICHIGAN. 
 
 Garnisllinent. — In all personal actions arising upon contracts, and in all 
 cases where there remains any sum due vipon any judgment, upon affidavit 
 for that purpose filed, the debt of a third person to the defendant, or prop- 
 erty of the defendant in the hands of a third party, may be attached and held 
 for the payment of such principal claim or judgment. In justices' courts 
 where the defendant is a householder having a family, an indebtedness to- 
 him for his personal labor or that of his family to the extent of twenty-five 
 dollars is exempt from garnishee proceedings. In the circuit courts this ex- 
 emption exists without reference to the defendant being a householder 
 having a family. 
 
 Grace. — Three days' grace are allowed on notes and bills not payable on 
 demand. Demand notes and bills are not entitled to grace. When the last 
 day of grace falls on Sunday or on any legal holiday, the day previous is 
 considered the last day of grace. 
 
 Homestead. — {See Exemption.^ Homestead rights may be had in a land 
 contract. A homestead cannot be sold or encumbered without the signature 
 of the wife. 
 
 Insolvent Laws. — {See Assignments.) Our statutes provide quite an 
 elaborate system of insolvency proceedings (C. L. 1882, ch. 305). This law 
 was superseded by the U. S. Bankrupt Law while in force, but is now oper- 
 ative. It provides for a complete discharge of the debtor from his debts ; 
 but it is seldom, if ever used. 
 
 Interest and Usury. — The legal rate is seven per cent., but parties may 
 contract in writing for not exceeding ten per cent. The only penalty for 
 usury is forfeiture of the excess of interest beyond the legal rate. 
 
 After the voluntary payment of usurious interest, no action lies to recover 
 it back. Judgments and decrees bear the same rate of interest as the debts 
 upon which they are founded. A hona fide purchaser of negotiable paper is 
 not affected by its being usurious. 
 
 Judgments. — Do not become a lien upon the property of the debtor before 
 a levy is regularly made under execution. Judgments of courts of record 
 are good for ten years ; of justices' courts, six years. 
 
 Justices of the Peace. — {See Courts.) 
 
 Landlord and Tenant. — All estates at will or by sufferance may be de- 
 termined by either party by three months' notice given to the other party ; 
 and when the rent reserved in a lease is payable at periods of less than three 
 months, the time of such notice shall be sufficient if it be equal to the inter- 
 val between the times of payment. In all cases of neglect or refusal to pay 
 rent on a lease at will, or otherwise, seven days' notice to quit given in writ- 
 ing by the landlord to the tenant is sufficient to determine the lease. In all 
 cases of tenancy from year to year a notice to quit given at any time is suffi- 
 cient to terminate said lease at the expiration of one year from the time of 
 the service of such notice. 
 
 Where the lessee of a dwelling house is convicted or guilty of keeping a 
 house of ill fame, or a common gaming house, the lessor may at his option 
 declare the lea.se void. 
 
 Summary proceedings are provided to enable a lessor to obtain possession 
 of the leased ])remises. Complaint is made before a circui*; court commis- 
 sioner, and a summons of not less than three nor more than six days is issued 
 and served on the defendant. Appeal lies to the circuit court within five 
 days after the judgment of the commissioner, but defendant cannot appeal 
 without giving a bond to pay all rent.
 
 MICHIGAN. 438 
 
 Leases. — Leases for more than a year must be in writing and signed bj 
 the lebscir. A leasehold interest may be sold on execution against the lessee. 
 There is no limit to the period of time for which leases may be made. 
 
 License. — Under liquor law : retail dealers in spirituous li(|Uors, $500 ; 
 wholesale dealers, $.500 ; wholesale and retail dealers, $800 ; manufacturers, 
 $800. All dealers in malt liquors, $300 ; manufacturers, $65, No person 
 paying a tax on spirituous liquors is obliged to pay a tax on the sale of malt 
 liquors. No person paying a manufacturer's tax on malt liquors is liable to 
 pay a wholesale dealers tax on the same. 
 
 Hawkers and peddlers pay the following state licenses : when they travel 
 on foot, $15 ; with one horse, $40 ; with two or more horses, $75 ; by railroad 
 or other public conveyance, $100. Many of the local municipalities also 
 require a license from travelling salesmen and peddlers. 
 
 There is a statute requiring commercial travelers for business houses out- 
 side the state to pay a state license, but the United States supreme court has 
 declared this statute unconstitutional. 
 
 Liens. — A vendor of real estate t.as a lien for the unpaid purchase money 
 as against the purchaser. {See MecJumics Liens.) 
 
 Limitation of Actions. — Beal actions since .January 1, 1864, must be 
 brought within live years where the defendant claims title under an execu- 
 tor's, administrator's, guardian's, or sherifl''s sale under the order or process 
 of a court ; within five years where either party claims under a tax deed ; 
 within fifteen years in all other cases, except when the plaintiff or his grantor 
 was at the time the right of action accrued absent from the United States, in 
 which case the action must be brought within twenty years ; but this excep- 
 tion does not apply to persons absent or residing in any of the provinces of 
 British North America. 
 
 When the right of action accrued before .January 1, 1864, the limitation 
 depends upon the prior statutes upon the subject. 
 
 As to personal actions. — All actions upon contract not under seal, or upon 
 a foreign judgment, or for rent or waste, actions of replevin and trovor, ac- 
 tions upon justice's judgments and all actions on the case except for slander 
 or libel, must be brought within' six years after the cause of action accrued. 
 Actions for trespass upon land, assault and battery, false imprisonment, 
 slander or libel, within two years. Actions against sheriff for misconduct, 
 or neglect of deputies, within three years. Actions upon judgment of a 
 court of record, or upon a contract under seal, within ten years. The time 
 of defendant's residence out of the state after the cause of action accnied, is 
 not reckoned. 
 
 Actions to foreclose a real estate mortgage must be commenced within fif- 
 teen years after the maturity of the debt, or the last payment thereon. 
 
 Minors, persons insane, or imprisoned, or absent from the United States or 
 British provinces, at the time the cavxse of action accrues may bring actions 
 within the time limited after the removal of their disabilities. 
 
 Limited Partnerships. — May be formed for the transaction of any mer- 
 cantile, niecluuiieal or niamit'acturiug business, but not for the business of 
 banking or insurance. The amount of capital contributed by the special 
 l)artners must be specified in the articles of co-partnership. Their liability- 
 is limited to the amount of capital contributed by them. A sjjccial partner 
 may contribute his capital in cash or other property at its cash value. A 
 certificate signed and acknowledged by all the partners must be filed with 
 the county clerk slujwing the firm name, the nature of the business, the 
 names and designations of the general and special partners and their places 
 of residence, the cajjital contributed by the special partners, and the com- 
 mencement and termination of the i)artnership. A si)ecial partner by inter- 
 fering in the business of the partnership may make him>elf liable as a gen- 
 eral partner. {See Partnership Associations.)
 
 434 MICHIGAN. 
 
 Marriage. — Marriage is a civil contract. The legal age in the cases of 
 males is eighteen years ; females sixteen years. It is allowed between whites 
 and blacks. No particular form is required in its solemnization, except that 
 the parties shall solemnly declare in the presence of the proper magistrate or 
 minister, and two attending witnesses, that they take each other as husband 
 and wife. Marriages among Quakers, or among people of any other partic- 
 ular denomination having as such, any peculiar mode of solemnizing marri- 
 ages, are good if according to the mode of such societies. All marriages are 
 to be recorded with the county clerk. A license to marry is necessary. 
 
 Married Women. — Retain their real and personal estate, whether acquired 
 before or after marriage, as their individual property. They may take, hold, 
 convey, devise, bequeath and incumber their property, and make contracts 
 in relation thereto, and may sue and be sued on said contracts, the same as 
 if unmarried. Their property is not liable for their husband's debts, and 
 they are not liable for necessaries furnished for the support of the family, 
 without a special agreement on their part to pay. A married woman cannot 
 be a surety or indorser for her husband or a third person, but she may mort- 
 gage her property to secure the debt of another. She may, with her hus- 
 band's consent, carry on business in her own name, in which case he has no 
 control over the business or the profits. Her conveyance of real estate is 
 good without the husband's joining in it. 
 
 Mechanics Liens.. — Every person who, under a contract with the owner, 
 part owner or lessee of any interest in real estate, or under a contract with a 
 contractor or sub-contractor, shall perform any labor or furnish any material 
 in or for the building, altering, repairing, or ornamenting of any building, 
 machinery, wharf, or other structure, is given a lien therefor upon such 
 building, machinery, wharf or other structure and its appurtanances, and 
 also upon the entire interest of such owner, etc., in and to the lot or piece of 
 land not exceeding one quarter section, or if within an incorporated city or 
 village, not exceeding the lot or lots upon which improvements are made. 
 In case of improvements on a homestead, the lien does not attach unless 
 the contract be in writing and signed by the owner and his wife, if he have 
 one. 
 
 To preserve the lien, a notice of claim of lien must be filed with the reg- 
 ister of deeds of the county within sixty days after the completion of the 
 labor or furnishing of the materials, and notice thereof be served upon the 
 owner, etc., and proceedings to enforce the lien must be commenced within 
 sixty days after the filing of the notice of claim. 
 
 Minors. — The legal age is twenty-one years, and is the same in the case of 
 both males and females. 
 
 Mortgages. — (See Deeds.) — Foreclosure of mortgages may be either in 
 chancery or by statutory advertisement. In the former case the sale is abso- 
 lute, but cannot take place within one year after filing bill. In the latter 
 case there is one year's redemption after sale. No foreclosure can be com- 
 menced more than fifteen years after the maturity of the mortgage, or the 
 date of the last payment thereon. 
 
 Notes and Bills. — Any person, not a payee named in a note, who signs it 
 either on the face or back before-it is negotiated, is held to be a maker, and 
 consequently not entitled to notice of protest. 
 
 The acceptance of a bill of exchange must be in writing. Notices of pro- 
 test may in all cases be sent by mail. 
 
 As to joint action against makers, endorsers, etc. (See Actions. See Grace.) 
 
 Partnership Associations. — (See Limited Partner sJiijjs.) — May be formed 
 for the transaction of any lawful business, by three or more persons, and 
 ^heir liability limited to the amount of their subscriptions to the capital.
 
 MICHIGAN. 435 
 
 The word "Limited " must be the last word of the name of the association, 
 and must be always used. The omission to use it makes all members '• liable 
 for any indebtedness, damage or liability arising therefrom," 
 
 Practice. — The common law practice prevails except where modified by 
 statute or rule. 
 
 Proof of Claims. — (See Affidavit, Assignment.) 
 
 Redemption. — {See Executions, Mortgages, Taxes.) 
 
 Replevin. — The action of replevin lies to recover the possession of per- 
 sonal property unlawfully taken or withheld. The plaintiff must give a bond 
 to the sheriff in double the appraised value of the property taken. 
 
 Security for Costs.— (/See Costs.) 
 
 Stay of Execution. — {See E.vecution.) 
 
 Taxes.— State and county taxes become a personal charge against the 
 owner as soon as assessed in October, and a lien on the real estate as well as 
 on the personal estate of the owner on the first day of December. They are 
 payable to the township treasurer from December 1st to February 1st, dur- 
 ing December with one per cent. ; in January with four per cent, added. 
 Taxes unpaid on February 1st, are returned as delinquent to the county 
 treasurer. They may be thereafter paid until sale to the county treasurer or 
 auditor general with certain penalties added. Tax sales take place on the 
 first Tuesday in October in the second year thereafter. There is a redemption 
 from the sale by paying the amount of the tax, with certain penalties, at any 
 time befor the first day of October next succeeding the sale. 
 
 City taxes in Detroit are due July 25th, in each year, and tax sales take 
 place the first of July of the next year. There is one year's redemption. 
 
 The following property is exempt from taxation : 
 
 Churches and land occupied by them, rights of burial and tombs when in 
 use, and parsonages ; property of the state and of the United States, and of 
 the various municipalities ; household furniture not exceeding 8200 ; looms, 
 not exceeding $50 ; library, not exceeding 8150 ; family pictures, wearing 
 apparel and arms i-equired by law to be kept ; to each householder fifteen 
 sheep, two cows, five swine, six months' fuel, and musical instruments not 
 ■exceeding $150 ; the personal i)roperty of library, benevolent, charitable and 
 scientific institutions, and real estate occupied by them ; the property of any 
 persons who, by reason of infirmity, age or poverty, may, in the opinion of 
 the supervisor, be unable to contribute towards the public charges. 
 
 Municipalities cannot vote aid to railroads, canals, etc., or own stock in 
 any corporations. 
 
 Usury. — {See Interest.) 
 
 Wills. — Every person of sound mind and over twenty-one years of age may 
 make a will. 
 
 All wills must be in writing, signed by the testator or by some person in his 
 presence and by his express direction, and attested and subscribed in the 
 presence of the testator by two witnesses. 
 
 Nuncupative wills are permitted where the estate does not exceed $300, and 
 the will is proved by two witnesses ; and also in the case of soldiers, in ac- 
 tual military service, and mariners on shipboard, in disposing of their wages 
 and other personal property. 
 
 Every devise of land is construed to convey all the estate of the devisor 
 therein which he could lawfully convey, unless it clearly appear by the will 
 that the devisor intended to convey a less estate. 
 
 A widow may reject the provision made for her in her husband's will, and 
 take the same interest in his estate as if he died intestate. 
 
 Co]iies of wills duly proved in any other state or country may be regis- 
 tered here, if duly authenticated, and auxiliary administration granted here.
 
 436 
 
 MICHIGAN. 
 
 ATTORNEYS IN MICHIGAN. 
 
 Bold Face Type denotes county seats. A dash (— ) less than 100 population. 
 Figures after names when admitted to Bar. A star (*) Notaries Public. 
 A double dagger (X) our Compiler of Laws. 
 A dagger (t) former recommendations withdrawn. 
 
 PLACE . 
 
 Adrian 
 
 Albion 
 Allegan 
 Alma 
 Alpena 
 
 Ann Arbor 
 
 Au Sable 
 
 Bad Axe 
 
 Baldwin 
 
 Battle Creek 
 
 Bay City 
 
 Bellaire 
 
 Benton Harbor 
 
 Benzonia 
 
 Big Rapids 
 
 Blissfield 
 
 Buchanan 
 
 Cadillac 
 
 Calumet 
 
 Caro 
 
 Carrollton 
 
 Cassopolis 
 
 Cedar Springs 
 
 Centreville 
 
 Charlevoix 
 
 Charlotte 
 
 Cheboygan 
 
 Chelsea 
 
 Chesaning 
 
 Coldwater 
 
 Constantine 
 
 Corrunna 
 
 COUNTY. NAMES OP ATTORNEYS. POPULA'W. 
 
 Lenawee C. R. Miller. 9,350 
 
 Calhoun A. M. Culver. 3,171 
 
 Allegan B. D. Pritchard. 3,000 
 
 Gratiot James L. Clark. 2,000 
 
 Alpena TumbuU & Defoe. 11,000 
 
 w 1 + S J- Q- A- SESSIONS, '58. „ ^^-y 
 
 Washtenaw J ^^^^ ^ Whitman, '73. ^'^^2 
 
 Iosco W. II. Simpson. 4,000 
 
 Huron W. T. Bope. 700 
 
 Lake F. E. Withey. 600 
 
 Calhoun CHAS. E. THOMAS. 10,021 
 
 Bay E. A. Cooley. 29,415 
 
 Antrim G. W. Albrecht. 400 
 
 Berrien A. Plummer. 1,388 
 
 Benzie F. B. Case. 300 
 
 Mecosta M. Brown. 6,000 
 
 Lenawee O. F. Sheldon. 1,196 
 
 Berrien A. C. Roe. 2,070 
 
 Wexford D. E. Mclntyre. 4,000 
 
 Houghton J. B. Curtis. 7,500 
 
 Tuscola Black, Gray & Corcoran. 2,000 
 
 Saginaw (See Saginaw.) 1,051 
 
 Cass C. W. Clisbee. 1,051 
 
 Kent D. C. Lyle. 1,500 
 
 St. Joseph Wm. Sadler. 1,000 
 
 Charlevoix E. H. Green. 1,600 
 
 Eaton P. T. Van Zile. 3,600 
 
 Cheboygan O. Adams. 4,000 
 
 Washtenaw D. B. Taylor. 1,254 
 
 Saginaw B. A. Snow. 1,014 
 
 Branch J. R. Champion. 5,102 
 
 St. Joseph Keightley & Knowlen. 1,550 
 
 Shiawasse H. McCurdy. 1,451 
 
 Detroit. 
 
 Wayne County. 
 
 Population, 183,269. 
 
 t Bowen, Douglas & Whiting, 80 Griswold St. 
 Bowen, Herbert. 
 Douglas, Samuel T. 
 Whiting, Frederick W. 
 
 iSee Card in Appendix, page xi. 
 
 CHANEY, HENRY A., 4 McGraw Building.
 
 MICHIGAN. 
 
 437 
 
 DETROIT— Continued. 
 
 Conely, Maybiuy & Lucking, 80 Griswold St. 
 
 Conely, John D. 
 
 May bury, Wm. C. 
 
 Lucking, Alfred. 
 Stewart, S. W., 11 Buhl Block, 
 t Kelso, Samuel J. 
 \ Tyler, Wm. V. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. POPULA'n. 
 
 Dowagiac 
 Dundee 
 
 Cass 
 Monroe 
 
 S. Tryon. 
 Cramer & Corbin. 
 
 2,351 
 1,226 
 
 East Saginaw. Saginaw County. Population, 29,100. 
 
 DAVIS, CLARENCE L., 5 and 6 Municipal Court Building. 
 Edget, Brooks & Conway, 220 Geneese St. 
 Gage, Wm. G., 118 S. Washington St. 
 f Morse, Jenner E. 
 
 East Towas 
 
 Iosco 
 
 T. D. Hawley. 
 
 1,500 
 
 Eaton Rapids 
 
 Eaton 
 
 J. 31. Corbin. 
 
 2,131 
 
 Edmore 
 
 Montcalm 
 
 W. S. Whittelsey. 
 
 1,200 
 
 Escanaba 
 
 Delta 
 
 John Power. 
 
 5,500 
 
 Evart 
 
 Osceola 
 
 C. H. Rose. 
 
 1,500 
 
 riint 
 
 Genessee 
 
 GEORGE M. SAYLES,* '83. 
 
 9,035 
 
 Fowlerville 
 
 Livingston 
 
 F. H. Warren. 
 
 1,035 
 
 Gaylord 
 
 Otsego 
 
 Cooper & Crane. 
 
 1,000 
 
 Grand Ledge 
 
 Eaton 
 
 J. L. McPeek. 
 
 1,378 
 
 •Grand Haven 
 
 Ottawa 
 
 H. C. Akeley. 
 
 5,914 
 
 Grand Rapids 
 
 Kent 
 
 ^ Livingston, L. B., '81. 
 
 ( Xew Houseman Building, 
 
 41,934 
 
 Gladwin 
 
 Gladwin 
 
 F. L. Prindle. 
 
 600 
 
 Grayling 
 
 Crawford 
 
 M. J. Connie. 
 
 400 
 
 Greenville 
 
 Montcalm 
 
 John Lewis. 
 
 3,500 
 
 Harbor Spring 
 
 Emmett 
 
 Geo. W. Stoneburner. 
 
 1,500 
 
 Hancock 
 
 Houghton 
 
 T. B. Dunstan. 
 
 4,000 
 
 Harrison 
 
 Clare 
 
 Wm. H. Brown. 
 
 700 
 
 Harrisville 
 
 Alcona 
 
 W. E. Depew. 
 
 547 
 
 Hart 
 
 Oceana 
 
 Jas. Brassington. 
 
 900 
 
 Hastings 
 
 Barry 
 
 A. E. Kenaston. 
 
 3,0((0 
 
 Hersey 
 
 Osceola 
 
 C. M. Beardsley. 
 
 404 
 
 Hillsdale 
 
 Hillsdale 
 
 0. A. JANES, '71. 
 
 3,350 
 
 Holland 
 
 Ottawa 
 
 J. C. Post. 
 
 3.000 
 
 Holly 
 
 Oakland 
 
 Hon. T. L. Patterson. 
 
 1,303 
 
 Homer 
 
 Calhoun 
 
 L. B. Tompkins. 
 
 2.044 
 
 Houghton 
 
 Houghton 
 
 Chandler & Gray. 
 
 3.000 
 
 Howard City 
 
 ^Eontcalm 
 
 C. W. Perry. 
 
 1,130 
 
 HoweU 
 
 Livingston 
 
 S. F. Hubbell. 
 
 2,500 
 
 Hudson 
 
 Linance 
 
 J. C. Sawyer. 
 
 2,311 
 
 Ionia 
 
 Ionia 
 
 J. C. Blanchard. 
 
 4,643 
 
 Iron Mountain 
 
 ^lenominee 
 
 F. J. Tmdell. 
 
 4,000 
 
 Ishpeming 
 
 Marquette 
 
 Hayden & Young. 
 
 6,843 
 
 Ithaca 
 
 Gratoit 
 
 W. E. Winton. 
 
 2.000 
 
 Jackson 
 
 .Jackson 
 
 JAMES W. BLAKELY. 
 
 19,136 
 
 Jonesville 
 
 Hillsdale 
 
 W. J. Baxter. 
 C Oxenford, Samuel W., 
 
 1,537 
 
 Kalamazoo 
 
 Kalamazoo 
 
 \ CRANE, E. A. 
 
 i TUTHILL, OSCAR T. 
 
 14.064 
 
 Xalkaska 
 
 Kalkaska 
 
 E. S. Ellis. 
 
 1,500
 
 438 
 
 MICHIGAN. 
 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. POPULA'N. 
 
 Lake City 
 
 Missaukee 
 
 F. 0. Gaffiiey. 
 
 50O 
 
 L'Anse 
 
 Baraga 
 
 P. R. McKernan. 
 
 1,800- 
 
 Lansing 
 
 Ingham 
 
 Ira Scott. * 
 
 13,000 
 
 Lapeer 
 
 Lapeer 
 
 H. Greer. 
 
 3,500 
 
 Leland 
 
 Leelenaw 
 
 G. A. Cutler. 
 
 400 
 
 Leslie 
 
 Ingham 
 
 F. C. Woodworth. 
 
 1,150 
 
 Lowell 
 
 Kent 
 
 E. W. Dodge. 
 
 3,000' 
 
 Ludington 
 
 Mason 
 
 Wing & Samuels. 
 
 5,433 
 
 Luther 
 
 Lake 
 
 CHAS. D. BARGHOORN, ' 
 
 85. — 
 
 Manchester 
 
 Washtenaw 
 
 A. F. Freeman. 
 
 1,400 
 
 Manistee 
 
 Manistee 
 
 David S. Harley. 
 
 10,37S 
 
 Manistique 
 
 Schoolcraft 
 
 W. F. Riggs. 
 
 1,500 
 
 Marine City 
 
 St. Clair 
 
 V. A. Saph. 
 
 3,000 
 
 Marquette 
 
 Marquette 
 
 D. H. Ball. 
 
 7,000' 
 
 Marshall 
 
 Calhoun 
 
 Miner & Stace. 
 
 4,081 
 
 Mason 
 
 Ingham 
 
 G. M, Huntington. 
 
 2,000 
 
 Menominee 
 
 Menominee 
 
 Sawyer & Waite. 
 
 7,000 
 
 Midland 
 
 Midland 
 
 FLOYD L. POST, '80. 
 
 2,177 
 
 Milford 
 
 Oakland 
 
 E. J. Bissell. 
 
 1,500 
 
 Miuden City 
 
 Sanilac 
 
 Chas. H. McGinley, '79. 
 
 di^ 
 
 Mio 
 
 Oscoda 
 
 J. L. Kittle. 
 
 50 
 
 Monroe 
 
 Monroe 
 
 T. E, Wing. 
 
 5,329 
 
 Morenci 
 
 Lenawee 
 
 D. B, Morgan. 
 
 1,294 
 
 Mt. Clemens 
 
 Macomb 
 
 M. Crocker. 
 
 5,000 
 
 Mt. Pleasant 
 
 lasbella 
 
 J. C. Leaton. 
 
 2,500 
 
 Muskegon 
 
 Muskegon 
 
 R. J. MACDONALD. 
 
 17,845 
 
 Negannee 
 
 Marquette 
 
 J. Q, Adams. 
 
 4,103 
 
 Newaygo 
 
 Newaygo 
 
 A. G. Day. 
 
 1,719 
 
 Niles 
 
 Berrien 
 
 0. W. Coolidge. 
 
 4,606 
 
 Norway 
 
 Menominee 
 
 R. C. Flanigan. 
 
 1,100' 
 
 Ontonagon 
 
 Ontonagon 
 
 N. W. Haire. 
 
 1,300 
 
 Oscoda 
 
 Iosco 
 
 McCutcheon & Elliott. 
 
 3,000 
 
 Otsego 
 
 Allegan 
 
 W. C. Edsell. 
 
 1,700' 
 
 Omer 
 
 Arenac 
 
 Hugh Lawrence. 
 
 75 
 
 Grid 
 
 Clinton 
 
 Griswold & High. 
 
 1,466 
 
 Owosso 
 
 Shiawassee 
 
 G. R. Lyon. 
 
 4,500 
 
 Paw Paw 
 
 Van Buren 
 
 GEORGE E. BRECK, '82. 
 
 1.430 
 
 Pent Water 
 
 Oceana 
 
 W. E. Ambler. 
 
 1,468 
 
 Petoskey 
 
 Emmet 
 
 J. G. Hill. 
 
 4,000 
 
 Plainwell 
 
 Allegan 
 
 E. J. Anderson. 
 
 1,603 
 
 Pontiac 
 
 Oakland 
 
 JAMES H. LYNCH. 
 
 5,348 
 
 Port Huron 
 
 St. Clair 
 
 S SEWARD L. MERRIAM,'8C 
 I GEO. P. VOORHEIS, '74. 
 
 '•10,390 
 
 Portland 
 
 . Ionia 
 
 B. H. BARTOW, '73. 
 
 1,675 
 
 Quincy 
 
 Branch 
 
 F. A. Lyon. 
 
 1,252 
 
 Reed City 
 
 Osceola 
 
 F. H. PETERS. 
 
 2,016 
 
 Rogers City 
 
 Presque Isle 
 
 Wm. E. Rice. 
 
 400 
 
 Ilomco 
 
 Macomb 
 
 D. N. Lowell. 
 
 2,000 
 
 Roscommon 
 
 Roscommon 
 
 Geo. L. Alexander. 
 
 800' 
 
 Saginaw 
 
 Saginaw 
 
 Hanchett & Stark. 
 
 13,767 
 
 St. James 
 
 Manitou 
 
 (See Harbor Springs.) 
 
 168 
 
 St. Ignace 
 
 Mackinac 
 
 Henry Hoffman. 
 
 2,236 
 
 St. John's 
 
 Clinton 
 
 DABOLL (S. B.)'69& 
 
 
 
 
 BRUNSON (W. H.). 
 
 2,553 
 
 St. Joseph 
 
 Barrien 
 
 C. B. Potter. 
 
 2,624 
 
 St. Louis 
 
 Gratoit 
 
 T. W. Whitney. 
 
 3.000 
 
 Sand Beach 
 
 Huron 
 
 E. F. Bacon. 
 
 1,400' 
 
 Sandusky 
 
 Sanilac 
 
 John S. Crandell. 
 
 400 
 
 Sault de St. Marie 
 
 . Chippewa 
 
 H. M. OREN, '83. 
 
 2,642. 
 
 I
 
 MICHIGAN. 
 
 339 
 
 South Haven 
 Stanton 
 
 Stiirgis 
 
 Tawas City 
 
 Tecumseh 
 
 Three Rivers 
 
 Traverse City 
 
 Union City 
 
 Vassar 
 
 West Bay City 
 
 "West Branch 
 
 Willianiston 
 
 Wyandotte 
 
 Ypsilanti 
 
 COUNTY. 
 
 Van Bureu 
 
 Montcalm 
 
 St. Joseph 
 
 Iosco 
 
 Lenawee 
 
 St. Joseph 
 
 Grand Traverse 
 
 Branch 
 
 Tuscola 
 
 Bay 
 
 Ogemaw 
 
 Ingham 
 
 Wayne 
 
 Washtenaw 
 
 NAMES OF ATTORNEYS. POPULA'N 
 
 W. N. Cook. 1,506 
 
 M. C. PALMER. 1,740 
 
 T. C. Carpenter. 2,500 
 
 E. E. Williams. 1,500 
 
 W. W. Frazer. 2,353 
 
 W. O. Pealer. 3,365 
 
 Pratt, Hatch & Davis. 4,000 
 
 M. A. Merrifield. 4,000 
 
 B. W. Huston. 1,060 
 
 S. Flinn. 9,530 
 
 M. H. French. 1.500 
 
 E. D. Lewis. 1,400 
 
 G. W. Coomer. 3,700 
 
 J. W. Babbitt. 6,000 
 
 BANKS IN MICHIGAN. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital ot one 
 bank in each county of this state in which such a banking institution is located. 
 
 PLACE. 
 
 Adrian 
 
 Allegan 
 
 Alpena 
 
 Ann Arbor 
 
 Bad Axe 
 
 Bay City 
 
 Berrien Spg's 
 
 Big Rapids 
 
 Caro 
 
 Cassapolis 
 
 Centreville 
 
 Charlevoix 
 
 Charlotte 
 
 Cheboygan 
 
 Coldwater 
 
 Corunna 
 
 Detroit 
 
 East Saginaw 
 
 Escanaba 
 
 Flint 
 
 Grand Haven 
 
 Grand Rapids 
 
 Hastings 
 
 Hillsdale 
 
 Houghton 
 
 Ionia 
 
 Ithaca 
 
 Jackson 
 
 Kalamazoo 
 
 NAME OF BANK. 
 
 Lenawee Co Savings B'k 
 First National Bank 
 Alpena National Bank 
 First National Bank 
 Frank W Hubbard & Co 
 Second National Bank 
 Bank of Berrien Springs 
 Northern National Bank 
 Tuscola County Bank 
 First National Bank 
 
 Bank of Charlevoix 
 First National Bank 
 
 Southern IMichigan Nat B'k 
 First National Bank 
 Detroit National Bank 
 Home National Bank 
 Exchange Bank 
 First National Bank 
 
 a (( <( 
 
 Old National Bank 
 Hastings National Bank 
 First National Bank 
 Nat Bank of Houghton 
 
 First National Bank 
 
 (t i( (( 
 
 Jackson City Bank 
 Kalamazoo National Bank 
 
 CASHIER. 
 
 H. V. C. Hart. 
 Leon Chichester 
 Jond C. Comfort. 
 S. W. Clarkson. 
 Austin E. Case. 
 Orrin Bump. 
 Reeves, Patterson & 
 F. R. Fowler. 
 John F. Seeley. 
 C. H. Kingsbury. 
 L. B. Hess. 
 W. P. Brown. 
 W. P. Lacey. 
 Geo. F. Reynolds. 
 L. C. Rose. 
 A. T. Nichols. 
 C. M. Davidson. 
 J. H. Booth. 
 C. C. Royce. 
 C. S. Brown. 
 George Stickney. 
 Harvey J. HoUister 
 William D. Hayes. 
 C. F. Stewart. 
 James B. Sturgis. 
 Frank A. Sessions. 
 M. F. Chafey. 
 Benjamin Newkirk. 
 T. S. Cobb. 
 
 Co 
 
 PAID UP 
 CAPITAL. 
 
 60,000 
 
 50,000 
 
 50,000 
 
 100, 0<o 
 
 25,000 
 
 250,000 
 
 15,000 
 
 150,000 
 
 25,000 
 
 50,000 
 
 50,000 
 
 25,000 
 
 50,000 
 
 50,000 
 
 165,000 
 
 50,000 
 
 1,000,000 
 
 300,000 
 
 50,000 
 
 200,000 
 
 200,000 
 
 800,000 
 
 100,000 
 
 50.000 
 
 150,000 
 
 100,000 
 
 50,000 
 
 100,000 
 
 150,000
 
 440 
 
 MICHIGAN. 
 
 
 
 
 
 PAID UP 
 
 PLACE. 
 
 NAME OF BANK. 
 
 CASHIER, 
 
 CAPITAL. 
 
 Kalkaska 
 
 Bleazby's Exchange Bank 
 
 
 25,000 
 
 Lake City 
 
 Hopkins, Stout & Co 
 
 H. Owens. 
 
 10,000 
 
 Lapeer 
 
 First National Bank 
 
 C. G. White. 
 
 75,000 
 
 Ludington 
 
 il U il 
 
 Geo. N. Stray. 
 
 50,000 
 
 Manistee 
 
 a u <( 
 
 Geo. A. Dunham. 
 
 100,000 
 
 Marquette 
 
 u (( a 
 
 M. L. Martin, Jr. 
 
 100,000 
 
 Marshall 
 
 ii a n 
 
 Norris J. Frink. 
 
 100,000 
 
 Masou 
 
 Fanners' Bank 
 
 J. M. Dresser. 
 
 75,000 
 
 Menominee 
 
 First National Bank 
 
 G. A. Blesch. 
 
 50,000 
 
 Midland City 
 
 State Bank of Midland 
 
 W. D. Marsh. 
 
 50,000 
 
 Monroe 
 
 First National Bank 
 
 Geo. Spalding. 
 
 50,000 
 
 Mt. Clemens 
 
 Mt. Clemens Savings Bank 
 
 Geo. A. Skinner. 
 
 50,000 
 
 Mt. Pleasant 
 
 First National Bank 
 
 D. Scott Partridge. 
 
 50,000 
 
 Muskegon 
 
 Lumberman's Nat Bank 
 
 C. C. Billinghurst. 
 
 100,000 
 
 Newago 
 
 Webber & Hatch 
 
 M. F. Hatch. 
 
 10,000 
 
 Paw Paw 
 
 First National Bank 
 
 E. F. Parks. 
 
 100,000 
 
 Pontiac 
 
 U ii li 
 
 B. S. Tregent. 
 
 100,000 
 
 Port Huron 
 
 a a a 
 
 H. G. Barnum. 
 
 135,000 
 
 Saginaw 
 
 a i( a 
 
 Smith Palmer. 
 
 200,000 
 
 Sault'Ste Marie Chippewa County Bank 
 
 Mead & Fowle. 
 
 15,000 
 
 Stanton 
 
 First National Bank 
 
 A. D. F. Gardner. 
 
 50,000 
 
 St. Ignace 
 
 W A Burt & Co 
 
 
 10,000 
 
 St. Johns 
 
 St. John's National Bank 
 
 P. E. Walsworth. 
 
 100,000 
 
 Traverse City 
 
 Hannah Lay & Co 
 
 C. A. Crawford. 
 
 150,000
 
 STATE OF 
 
 MINNESOTA. 
 
 sum:\IxVry of 
 
 COLLKCTION LaW3. 
 
 Court Calendar, Instructions for taking Depositions, Legal Forms, Etc. 
 
 Expressly Prepared and Revised to Nov. 1st, laS", for " Showers' 
 
 Legal Directory and Merchants' Guide.'' for 1888, by 
 
 E. Chipman, of the St. Paul Bar. 
 
 Ackno-wledgmentS.— May be taken within the state by judges and clerks 
 of courts of record, notaries public, justices of the peace, registers of deeds, 
 court commissioners, county auditors, town and city clerks and recorders in 
 villages, within their respective jurisdictions. 
 
 Officers having seal of office must affix it to the instruments acknowledged 
 before them. 
 
 Without the state, but within the United States, by judges and clerks of 
 courts of record, notaries public, justices of the peace, and commissioners 
 appointed by the governor of this state for such purpose. Certificates of 
 officers not using a seal must be authenticated by the certificate of the clerk 
 of a court of record of the county, district or place within which acknow- 
 ledgment is taken to the effect that the person whose name is subscribed to 
 the certificate of acknowledgment was, at the date thereof, such officer as 
 he is therein represented to be, that he is acquainted with the handwriting of 
 such person, and that he verily believes the signature subscribed thereto to 
 be genuine. The certificate of the .secretary of state or territory, or his 
 deputy, that the officer, before whom the acknowledgment was taken, held, 
 at that date, his office by appointment of the governor, is sufficient. 
 
 The following forms of acknowledgment may be used in cases of convey- 
 ances or other written instruments affiecting real estate ; and any acknow- 
 ledgment, so taken and certified, shall be sufficient to satisfy all requirements 
 of law relating to the execution and recording of such instruments. Begin 
 in all cases by a caption specifying the state and place where the acknowl- 
 edgment is taken. 
 
 1st. In the case of natural persons acting in their own right : 
 
 On this day of 18 — , before me personally appeared A. B., (or 
 
 A. B. and C. D.) to me known to be the person (or persons) described in and 
 who executed the foregoing instiiiment, and acknowledged that he (or they) 
 executed the same as his (or their) free act and deed. 
 
 2nd. In the case of natural persons acting by attorney : 
 
 On this day of 18 — , before me personally appeared A. B., to 
 
 me known to be the person who executed the foregoing instrument in behalf 
 
 of C. D., and acknowledged that he executed the same, as the free act and 
 
 deed of said CD. 
 
 [Min. 1.]
 
 442 MIMS^ESOTA. 
 
 3rd. In the case of corporations or joint stock associations : 
 
 On this day of 18 — , before me appeared A. B., to me personally- 
 known, who, being by me duly sworn, (or affinned) did say that he is the 
 president (or other officer or agent of the corporation or association) of 
 (describing the corporation or association) and that the seal affixed to said 
 instrument is the corporate seal of said corporation, (or association) and 
 that said instrument was signed and sealed in behalf of said cori)oration (or 
 association) by authority of its board of directors, (or trustees) and said A. 
 B. acknowledged said instrument to be the free act and deed of said corpora- 
 tion, (or association). 
 
 In case the corporation or association has no corporate seal, omit the 
 words "the seal affixed to said instrument is the corporate seal of said cor- 
 poration (or association) and that," and add, at the end of the affidavit 
 clause, the words, "and that said corporation (or association) has no cor- 
 porate seal." 
 
 In all cases add signature and title of the officer taking the acknowledg- 
 ment. 
 
 Married Women. — When a married woman unites in acknowledgment with 
 her husband she shall be described therein as his wife. No separate exami- 
 nation of a married woman in respect to execution of any instrument shall 
 be required. 
 
 Actions. — But one form of action. Distinction between actions at law 
 and suits in equity abolished. An action must be prosecuted in the name of 
 the real party in interest ; except that the executors, administrators and 
 trustees of an express trust, or a person expressly authorized by statute, 
 may sue without joining with him the person for whose benefit the suit is 
 brought. Infants must appear by guardians ad litem appointed by the 
 court. Full name and surname of parties, plaintiff to a suit, are necessary. 
 When defendant's name is not known he may be sued by any name, and 
 when true name is discovered, the process, pleading or proceeding may be 
 amended accordingly. In such case it must appear in summons and com- 
 plaint that defendant is sued by a fictitious name and that real name is not 
 known. In case of a firm, when plaintiffs, the full names of all the members 
 must appear in title of cause ; when defendants, they may be sued by their 
 firm name only. A married woman may sue and be sued as if unmarried 
 and without her husband. 
 
 Actions commenced by summons, either personally served or by publi- 
 cation. Publication is made upon filing affidavit of plaintiff, his agent or 
 attorney, with clerk of court, stating defendant is a non-resident or cannot 
 be found in the state, and if residence is known, has mailed a copy of sum- 
 mons. Publication had in the following cases : 1st. When defendant is a for- 
 eign corporation, and has property within this state. 2nd. When defendant, 
 being a resident, has departed with intent to defraud creditors, or to avoid 
 service of summons, or keeps himself concealed therein with like intent. 
 3rd. When the defendant is not a resident, but has property in the state, 
 and court has jurisdiction of subject of action. 4th. In divorce. Publica- 
 tion in this matter made upon order of the court. 5th. When the subject of 
 the action is real or personal property in the state, and defendant has or 
 claims a lien or interest therein, or relief demanded consists in excluding de- 
 fendant from interest therein. 6th. Actions to foreclose mortgages, or 
 enforce liens on real estate in county where action is brought.^ Publication 
 made once a week for six successive weeks, meaning seven times, in proper 
 county. 
 
 On appearance and demand, copy of complaint must be served on adverse 
 party or attorney within twenty days. Adverse party entitled to bill of par- 
 ticulars of an account on demand. After twenty days an action on an 
 account, judgment by default, if no answer or demurrer is made. In other 
 actions must apply to court for relief. 
 [Mln. 2.]
 
 MINNESOTA. 445 
 
 Administration. — Administration granted in the following order : 1st. 
 Widow, or next of kin, or both, or such person as they may request. 2d. If 
 above are incompetent or ne<jlect for thirty days, to one or more of principal 
 creditors. 3rd. If neither of above, the judge appoints. 
 
 Jurisdiction attaches in county where deceased resided if in this state ; if 
 a non-resident, in any county where part of his estate is situated ; the usual 
 bonds are required. 
 
 Affidavits. — No particular form required. May be made before any one 
 competent to take acknowledgments. ASidavits taken out of the state, 
 before any officer authorized to administer oaths, and certified by the clerk of 
 a court of record, may be used and read upon the argument of any motion, 
 to the same extent, and with like effect, as if taken within this state. If 
 such affidavit is taken before a notary public, or commissioner for this state, 
 no such certificate required. 
 
 Aliens. — Aliens may take, hold, transmit and convey real estate ; and no 
 title to real estate shall be invalid on account of the alienage of any former 
 owner. 
 
 Appeals. — Lie to district court from judgment of justices' court, whea 
 it exceeds fifteen dollars, or in replevin, when property exceeds that sum, or 
 when the amount claimed in complaint exceeds thirty dollars, and in actions 
 of forcible entry and detainer, and in all cases upon questions of law ; must 
 be taken within ten days after judgment ; appellant must file affidavit that 
 his appeal is in good faith and not for delay, and a bond to secure judgment 
 and costs of appeal. 
 
 In city of St. Paul, these appeals lie to municipal court. From probate 
 court to district court upon questions of fact or law, or both, or judgments 
 or orders affecting substantial rights, within sixty days after notice of judg- 
 ment or order appealed from. 
 
 Appeals from municipal courts lie to supreme court. 
 
 Appeals "lie from district to supreme court, upon judgments and orders 
 in the following cases: 1st. From judgments in original and appealed 
 actions. 2d. From orders granting or refusing provisional remedies or in- 
 junctions, or vacating or sustaining attachments. 3d. From orders involving 
 merits. 4th. From orders granting or refusing new trials, or upon demurrers. 
 5th. From orders which determine actions and prevent judgments, from 
 which appeals might be taken. • 6th. From final orders affecting substantial 
 rights in special proceedings or summary apijlications after judgment. 
 
 Arrest. — For debt not allowed in this state. 
 
 Assignments. — Every assignment made by debtor or debtors, of the whole 
 or any part of their estate, to an assignee, for benefit of creditors, shall be 
 void, unless assignee therein named is a resident and freeholder of this state, 
 and unless such conveyance of assignment be in writing, subscribed by 
 debtor or debtors, acknowledged same as a deed, and certificate of acknowl- 
 edgment endorsed thereon ; and filed in the office of the clerk of the district 
 court in the county where debtor resides, or wherein business in reference to 
 which the same is made, has been principally carried on. 
 
 Debtor is required, within ten days after making assignment, to file with 
 the clerk aforesaid, an inventory, under oath, containing the account of the 
 creditors, their place of residence, if known, the amount due to each, nature 
 and consideration of such indebtedness, where it arose, whether secured or 
 not, and if so, how ; also a complete inventory of debtor's property, with 
 value of each item, according to his best belief. 
 
 The assignee, not later than five days after filing inventory, shall execute, 
 and file with clerk of court where such assignment is filed, a good and suf- 
 ficient bond to the state of Miimesota, approved by judge of district court, 
 
 [Min. 3.]
 
 444 MINNESOTA. 
 
 with two or more sureties, residents and freeholders, in at least double the 
 amount of the estate as shown by inventory. Notice of assignment shall be 
 published, and notice mailed each creditor. 
 
 All claims must be verified by oath of party, except debts owing to the 
 United States or state of Minnesota, or for taxes or assessments. All debts 
 paid in the following order : 
 
 1st. Debts due the United States, state of Minnesota, or for taxes and as- 
 sessments levied and unpaid, must be paid in full before payment of any 
 other. 
 
 2d. Debts for wages of servants, laborers, merchanics and clerks, for ser- 
 vices performed within three months next before date of assignment, must 
 be paid in full to exclusion of all other indebtedness, and when trust property 
 is insufficient to pay same in full, they are paid pro rata. 3d. All other debts 
 properly proved, stand on the same footing. Creditors holding secured claims 
 must first exhaust security, or surrender same to assignee before sharing in 
 trust property. 
 
 All proceedings are subject to the order and supervision of the judge 
 of saicl court, to whom any creditor may apply, by petition, for distribution 
 or other relief, and such judge may for cause, remove any assignee, and 
 appoint another in his stead. When an assignee has performed his trust, or 
 been removed, he may be discharged, by order of court, from further liability, 
 upon aj^plication therefor, with notice of three weeks, by publication of such 
 intended apjjlication ; or when said trust estate shall be taken out of his hands 
 by any legal proceedings in court, or shall be declared void as to creditors, 
 or the further administration of said trust shall be imi^racticable, inadvisable 
 or nugatory, and upon such notice as shall be required by the court, the as- 
 signee may be discharged. 
 
 In all cases of general assignment for benefit of creditors, the assignee 
 shall be considered as representing the rights and interest of creditors, as 
 against all transfers of property which would be fraudulent or void as to 
 creditors, and has all the rights of the creditors in avoiding any such trans- 
 fer. No provision for discharge of debtor from his debts, and personal 
 judgment may be taken against him, notwithstanding the assignment, except 
 as provided in insolvent law of 1881, which must be read in connection with 
 this subject. (See Insolvent Laios.) 
 
 Attachments. — Are allowed inactions for recovery of money against pro- 
 perty of defendant, at time of issuing summons, or at any time thereafter, 
 and are allowed in favor of residents and non-residents without distinction. 
 Writ obtained, after cause of action has accrued, from judge of district court, 
 iipon affidavit of plaintitf, his agent or attorney, showing that a cause of 
 action exists against the defendant, the ground therefor and amount there- 
 for ; that defendant is a foreign corporation or non-resident, or has departed 
 from the state, as deponent believes, with intent to defraud or delay his credi- 
 tors, or to avoid service of summons, or keeps himself concealed therein with 
 like intent ; or has assigned, secreted, or disposed, or is about to do so, of his 
 property, with intent to delay or defraud creditors, or debt was fraudulently 
 contracted. 
 
 A bond with sufficient sureties, to pay all costs and damages, if defendani 
 recovers judgment or writ is set aside, must first be given by plaiutiH". 
 Penalty not less than two hundred and fifty dollars ; and sureties, by rule of 
 court, must be residents and freeholders, and justify in full amount of bond. 
 
 Are not allowed in cases of libel, slander, seduction, breach of promise of 
 marriage, false imprisonment, or assault and battery. 
 
 In a justices' court, a writ issues in case of indebtedness ux^on a contract, 
 express or implied, or up(»n a judgment or decree of same court, not exceed- 
 ing one hundred dollars, a similar affidavit as above is required ; a bond for 
 one hundred dollars is given to secure costs and damages, if writ is not sus- 
 tained. 
 IMln. 4.]
 
 MINNESOTA. 445 
 
 Banks and Banking. — Saviuf!:s and state banks may be organized under 
 1 lie Rtatute. The state banks may issue notes, but it is not done. No bank 
 can commence business until authorized by State 4-uditor. Stock-holders 
 liable for double the amount of their capital stock, to pay losses, etc. Loans 
 not allowed on the security of shares in its own capital stock. Each bank 
 must have on hand, in available funds, at least twenty per cent, of all it^ 
 immediate liabilities ; one-half of this amount may consist of balances due 
 from solvent banks, and one-half in cash. 
 
 Quarterly reports of its assets and liabilities, must be filed with auditor, 
 and published in some newspajjer in place where business is carried on. 
 
 Bills of Exchange and Promissory Notes. — On all bills of exchange 
 payable at sight or at future day certain, and on all negotiable promissory 
 notes, orders and drafts payable at a future day certain, within this state, in 
 which there is no express stipulation to the contrary, grace is allowed ac- 
 cording to the custom of merchants. No grace on demand paper. To 
 charge an endorser upon a note payable on demand, presentment must be 
 made on or before sixty days from date. An acceptance must be in writing, 
 signed by acceptor or his authorized agent. 
 
 Bills of exchange, drafts, promissory notes, and contracts, due or payable, 
 on Sunday, Thanksgiving Day, Good Friday, New Years Day, the 22nd of 
 February, the 4th of July, or on the following day when either of the four 
 days last mentioned occurs on Sunday, shall be payable or performable upon 
 the business day next preceding said days. Damages, five i)er cent., on 
 domestic, and ten per cent, on foreign paper, protested. 
 
 Notes obtained by fraudulent representation, without negligence on part 
 of maker, void ; question of negligence one of fact for jury. 
 
 Bills of Lading — Warehouse Receipts. — Bills of lading and warehouse 
 !'ec«ipts, of goods in storage or transit, are negotiable, and are trarusferred 
 by endorsement and delivery, xuiless the words "not negotiable " are plainly 
 written or stamped thereon. 
 
 Chattel Mortgages. — Are void as against creditors and subsequent pur- 
 chasers and mortgagees in good faith, unless accompanied by immediate 
 delivery and followed by actual or continued change of possession, or filed 
 with clerk of city or town where the mortgagor resides. They cease to be a 
 notice against creditors, subsequent i)urchasers and mortgagors in good faith, 
 after two years, unless the mortgagee, his agent or attorney, within thirty 
 days next jireceding the expiration of such term of two years, tile a copy of 
 such mortgage, together with the affidavit, stating the interest which the 
 mortgagee has, by virtue of such mortgage, in the property therein mentioned. 
 
 The effect of such an affidavit continues for one year only after the time, 
 such mortgage would otherwise cease to be valid as against subsequent jjur- 
 chasers in good faith ; but before the time w hen any such mortgage would 
 otherwise cease to be valid as af(jresaid, a similar affidavit may again be filed 
 and annexed as above provided. 
 
 Must be acknowledged before some officer authorized to take acknowledg- 
 ments of deeds. If mortgagee has remedy by sale of mortgaged property, 
 ia case of default, property may be sold at public auction upon previous 
 written notice given at least ten days before sale, by serving a copy of such 
 notice upon mortgagor, or upon person in possession claiming same, if found 
 within the city or town where mortgage is filed ; if not so foimd, by jjosting 
 in three public places. Mortgagee or some person for him may purchase at 
 such sale. Notes or other evidence of indebtedness or contracts, whereby 
 the title to the property for which the same were given remains in vendor, 
 are absolutely void as against the creditors of the vendee, subseijuent j^ur- 
 chasers and mortgagees in good faith, unless the same, or a copy thereof, or, 
 if the contract be oral, then a- memorandum thereof, be filed in same manner 
 as a chattel mortgage. 
 
 [Min. 5-.]
 
 446 MINNESOTA. 
 
 Form of Chattel Mortgage. 
 
 Know all men by these presents, that of in the county of- 
 
 and state of part of the first part, bemg justly indebted to- 
 
 part of the second part, in the sum of dollars, ha , for the pur- 
 pose of securing the payment of said debt, granted, bargamed, sold and 
 
 mortgaged, and by these presents do grant, bargain, sell and mortgage, 
 
 xinto the said all that certain personal property now in the possession 
 
 of in the county of and State of Minnesota, and described as fol- 
 lows, to wit : 
 
 To have and to hold, all and singular, the personal property aforesaid, to 
 
 the said part of the second part, executors, administrators and 
 
 assigns, forever. And the said part of the first part, for heirs, ex- 
 ecutors and administrators, will warrant and forever defend the title to all 
 
 the personal property aforesaid, unto the said part of the second part, 
 
 executors, administrators and assigns, against all persons whomsoever. 
 
 Provided, that if the said part of the first part shall pay, or cause to be 
 
 paid, luito the said part of the second pait, or to executors, admin- 
 istrators or assigns, the sum of then these presents, and everything 
 
 herein contained, shall be void. And it is hereby mutually covenanted 
 between the parties hereto, that if default shall be made in the payment of 
 said sum of money, or any part thereof, or the legal interest thereon, at the 
 time when by the conditions aforesaid the same shall become payable, or if 
 said property, or any part thereof, shall not be properly taken care of, or 
 shall become deteriorated or damaged, or if any attempt shall be made to 
 
 remove or dispose of said property, or any part thereof, by the said part 
 
 of the first part, or any other person, that thereupon it shall be lawful for, 
 
 and the said part of the first part do hereby authorize the said part 
 
 of the second part, executors, administrators or assigns, or 
 
 authorized agents, to enter upon the premises of the said part of the first 
 
 part, or any other place or places where the said property or any of the same 
 may be, and remove and sell the same, and all the equity of redemption of 
 
 the said part of the first part therein, at public auction, according to the 
 
 statute in such case made and provided and out of the proceeds thereof 
 
 to retain the amount which shall then be due to the said part of the 
 
 second part, as aforesaid, heirs or assigns, together with all reasonable 
 
 charges, costs and expenses attending the same, rendering to the said part 
 
 of the first part, or legal representatives, the surplus moneys (if 
 
 any there shall be). And until default is made as aforesaid, or until any of 
 
 the covenants aforesaid are broken, the said part of the first part may 
 
 continue in the peaceable possession of all the said personal property ; all of 
 which in consideration thereof engage shall be kept in as good condi- 
 tion as the same now is, and taken care of at proper cost and expense. 
 
 In witness whereof, the said part of the first part ha hereunto set 
 
 hand and seal the— —day of in the year of our Lord one thousand 
 
 eight hundred and 
 
 (^Signature.') 
 State op Minnesota, \ 
 
 County of j 
 
 Be it known, that on this day of A. D. 188 — , before me person- 
 ally appeared to me well known to be the identical person described in 
 
 and who executed the foregoing instrument, and acknowledged that 
 
 executed the same freely and voluntarily, as free act and deed, 
 
 for the uses and purposes therein expressed. 
 
 (^Signature.) 
 
 Claims Against Decedents Estates.— Claims against estates of de- 
 ceased persons must in all cases be presented to probate judge for allowance. 
 Time for presenting claims is fixed by probate court, and camiot in first 
 instance be less than six nor more than eighteen months ; but, for cause, 
 time may be extended for a period not longer than two years. 
 
 [Min. 6.1
 
 MINNESOTA. 447 
 
 Expenses of last illness and funeral and costs of administration are paid 
 first. Other debts, unless secured, are paid pro rata in followin<^ order : 
 1st. Debts preferred by laws of United States. 2d. Taxes.. 3d. AH judi;- 
 nients entered and docketed in this state of which the executor or adminis- 
 trator has actual notice within six months after death of deceased, and all 
 judgments docketed in county where deceased resided at time of death ; pro- 
 vided such preference shall extend only to assets of the estate derived from 
 real property on which such judgments are a lien. 4th. Debts due other 
 creditors. 
 
 Conditional Sales of Personal Property. — No statutory provision other 
 than tiling notes and contracts, (bee u ruler chattel mortgages.) 
 
 Corporations. — Any number of persons, not less than five, in case of cor- 
 porations empowered to take private property for public uses ; and not less 
 than three, for others for pecuniary profit, may become incorporated under a 
 general law. Incorporation by special act, with exception of municipal cor- 
 porations, prohibited by constitution. 
 
 Every stockholder in any corporation not having banking privileges, ex- 
 cepting those organized for the purpose of carrying on any kind of manufac- 
 turing or mechanical business, shall be liable to the amount of stock held or 
 owned by them. 
 
 The private property of each stockholder is liable for corporated debts in 
 the following cases : 1st. For all unpaid instalments on stock owned by 
 him, or transferred for the purpose of defrauding creditors. 2d. For a 
 failure by the corporation to comply substantially with the provisions as to 
 organizations and publicity. 3d. When each stockholder, in the transaction 
 of any business of the corporation, as officer, director or member, is guilty 
 of any fraud, unfaithfulness, or dishonesty in the discharge of any official 
 duty. 
 
 Foreign Corporations are served with process by delivering a copy thereof 
 to the president, secretary, or any managing or general agent of said foreign 
 corporation, and shall have the same force and effect as like service upon 
 domestic corporations. 
 
 Costs — Security for. — When an action is commenced in the district court 
 in name of one committed for crime, or wherein plaintiffs, or any of them, 
 are non-residents, or a foreign corporation, such plaintiff shall file with clerk 
 of court wherein action is brought, before the service of the summons, a 
 l)ond in the penal sum of seventy-five dollars, executed by one or more sure- 
 ties, payable to clerk of such court, for the benefit of parties who may 
 become entitled to disbursements or costs in such action, and conditioned for 
 the payments of the disbursements and costs that may be adjudged against 
 the plaintifts in the action. If, after the commencement of the action, all 
 the parties plaintiff therein become non-residents of the state, or the sureties 
 in the bond above provided for, remove from the state, or become insolvent, 
 the defendant may, on motion, by order of the court, require an additional 
 bond to be filed, payable and conditioned as above. 
 
 If any party commences an action without filing a bond, or fails to provide 
 an additional one, as above required, the court, on motion of the defendant, 
 may order a stay of proceedings in such action, or a dismissal of such action 
 at the cost of attorney commencing the same. 
 
 Courts — Terms and Jurisdiction. — The highest court in the state is the 
 supreme court, and has original jurisdiction in all remedial cases as are pre- 
 scribed by the statute, and appellate jurisdiction in all cases in law and 
 equity, but no jury trial can be had therein. 
 
 Two general terms of the supreme court are held at the capital building in 
 the city of St. Paul, one on the first Tuesday in April and one on the first 
 Tuesday of October of each year. 
 
 The court consists of one chief justice and four associate justices. 
 
 [Min. -.]
 
 448 
 
 M[NNESOTA. 
 
 District Courts have original jurisdiction in all civil actions where the 
 amount exceeds one hundred dollars, and in all actions where a justice of 
 the peace has not jurisdiction without regard to the amount, also, in all 
 equitable actions and proceedings. 
 
 Probate Courts have exclusive jurisdiction of matters connected with set- 
 tlement of estates of deceased persons, minors, insane persons, and probate 
 of wills. No pleadings therein. Terms in each county monthly. Special 
 terms can be called at any time. 
 
 Court Calendar.— 
 
 UNITED STATES COURT. 
 
 Associate JuUice 8u,pre}ne Court, Hon. Samuel F. Miller, of Iowa. Circuit Judge, 
 Hon. David J. Brewer, of Liavenworlh, Kansas. District Judge, Hon. R. R. Nelson,, 
 of St. Paul. Attorney, (ieo. N. Baxter, Faribault. Assistant Attorney, Daniel W. 
 Lawler, St. Paul. Marshal, Wm. M. Campbell, Litchfleld. Clerk of Circuit Oourtf 
 Oscar B. HlUls, St. Paul. Clerk of District Court, W. A. Spencer, St. Paul. 
 
 Terms of Circuit Court.— AX St, Paul, 3d Monday in June and 2d Monday in 
 December. 
 
 Terms of District Court.— A.t St. Paul, 1st Monday in October ; At Winona, 1st 
 Monday in' June. 
 
 SUPREME COURT OF MINNESOTA, 
 
 Chief .Titstice, Hon. James Gilfillan, St. Paul. Associate Justices, Hon. John M. 
 Berry, Minneapolis; Hon. William Mitchell, Winona; Hon. Chas. E. Vanderburg, 
 Minneapolis; Hon. David A. Dickenson, St. Paul. Clerk, John D. Jones, Long 
 Prarie. Reporter, Geo. B. Young, St. Paul. Attorney General, Moses E. Clapp, 
 Fergus Falls, 
 
 DISTRICT COURT. 
 
 The State is divided into sixteen judicial districts, presided over by judges resi- 
 dent therein. 
 1st Distrlot . 
 2d District . 
 
 .Sd District . 
 4th District . 
 
 oth District , 
 6th District . 
 7th District . 
 
 8th 
 9th 
 10th 
 11th 
 12th 
 l.Sth 
 l^th 
 15th 
 16th 
 
 District . 
 District . 
 District . 
 District . 
 District . 
 District . 
 District , 
 District . 
 Distsict . 
 
 . , Hon. F. M. Crosby of Hastings, and Hon.Wm. McClure of Stillwater. 
 . , Hon. Wescott Wilkin, Hon Hascal R. Brill, Hon. Orlando Simons 
 
 and Hon. Wm. Louis Kelley, all of St. Paul. 
 . , Hon. Chas. M. Start, of Rochester. 
 . , Hon. Wm. Lochran, Hon. John P. Rea, Hon. Austin H, Young 
 
 and Hon. Henry G. Hicks, all of Minneapolis, 
 , . Hon. Thomas S. Buckham, of Faribault. 
 , , Hon. Martin .1. Severence, of Mankato. 
 . . Hon. L. W. Collins, of St. Cloud, and Hon. L. L. Baxter, of Fergus 
 
 Falls. 
 . . Hon. J. C. Edeon, of Glencoe. 
 , , Hon. B. F. Weber, of New Ulm. 
 . . Hon. John Q,. Farmer, of Spring Valley, 
 . . Hon. C. P. Stearns, of Duluth. 
 . . Hon. J. H. Brown, of Willmar. 
 . . Hon. A. D. Perkins, of Windom. 
 . . Hon. Ira B. Mills, of Moornead. 
 . . Hon. C. B. Sleeper, of Brainard. 
 . . Hon. Calvin L. Brown, of Morris. 
 
 TERMS OP DISTRICT COURTS, 
 
 County. 
 Aitken . , . 
 
 Coimfy Sent. iVo. Dz'st, 
 Aitken 15 
 
 Anoka . 
 Becker , 
 
 Beltrami . 
 Benton . . 
 Big Stone . 
 Blue Earth 
 Brown . . . 
 Carleton . . 
 Carver . . . 
 Cass . . . . 
 Chippewa . 
 (;!hisago . . 
 Clay . . . . 
 
 . Anoka 4 
 
 , Detroit City 14 
 
 , Unorganized 14 
 
 . Sauk Rapids 7 
 
 . Ortonville 16 
 
 , Mankato 6 
 
 . New Ulm 
 
 Thompson 11 
 
 ("haska S 
 
 . Unorganized 15 
 
 , Montevideo 12 
 
 . Center City 1 
 
 . Moorhead 14 
 
 Cook 
 
 [Min. 8.] 
 
 Unorganized 
 
 .11 
 
 Terms. 
 
 4th Monday in September, the Judge of 
 the said court may, by order made, 
 and filed witli the clerk of said court, 
 at least 40 days prior to the 4th Mon- 
 day in March of each year, convene 
 said court in general term on the 4th 
 Monday In March. 
 
 1st Mon in Feb.. 2d ^lon. in Sept. 
 
 1st Mon. after June 11th, and 2d Mon. 
 after Nov. 28th. 
 
 Attached to Becker. 
 
 2d Mon. in Jan. 
 
 l.st Tuesdays in May and Dec. 
 
 1st Tues. in Dec, 3d Tues. in May. 
 
 2d Mon. in April and Oct. 
 
 1st Mon. in April and Oct. 
 
 2d Mon. in Mar. and Sept. 
 
 Attached to Crow Wing 
 
 2d Tues. in May, 4tli Tues. in Oct. 
 
 3d Tues. in Oct. 
 
 1st Mon. after Jan. 1st, 1st Mon. after 
 July 1st. 
 
 Attached to .St. Louis.
 
 MINNESOTA. 
 
 449 
 
 County. 
 Cottonwood 
 Crow VViug 
 Dakota . . 
 Dodge . . . 
 Douglas . . 
 Faribault . 
 Fillmore . . 
 Freeborn . 
 
 Goodhue . 
 Grant . . . 
 Hennepin . 
 
 Houston . 
 Hubbard 
 Isanti . . 
 Itasca . . 
 Jackson . 
 Kanabec 
 Kandiyohi 
 Kittson 
 Lac Qui Parle 
 Lake . . . 
 Le Sueur 
 Lincoln . 
 Ijyon . . . 
 Marshall 
 
 Martin . 
 McLeod . 
 Meeker . 
 MiUe Lacs 
 Morrison 
 Mower . . 
 Murray . 
 Nicollet . 
 Nobles . . 
 Norman . 
 Olmstead 
 Otter Tall 
 Pine . . . 
 Pipe Stone 
 Folk . . . 
 F'ope . . . 
 Ramsey . 
 
 Windona i;{ 
 
 . Brainard V^-> 
 
 . Hastings 1 
 
 , Mantorville .'> 
 
 . Alexandria 7 
 
 . Blue Earth City . . . (i 
 
 . Preston 10 
 
 . Albert Lea 10 
 
 . Red Wing 1 
 
 . Elbow Lake 1(> 
 
 . Minneapolis 4 
 
 Caledonia 10 
 
 Unorganized 15 
 
 Cambridge 4 
 
 Unorganized 15 
 
 Jackson 13 
 
 Mora 1 
 
 Willmar 12 
 
 Hallock 14 
 
 Lac Qui Parle 12 
 
 Unorganized 11 
 
 Le Sueur Center ... 8 
 
 Lake Benton 9 
 
 Marshall 9 
 
 Warren 4 
 
 Coun'.ij Scat. No. Dixt. Termx. 
 
 1st Tues. after July 1st, 1st Tues. in Jan. 
 
 2d Mondays March and Sept. 
 
 1st Tues. in June and Dec. 
 
 1st Mon. in March, 1st Tues. in Oct. 
 
 1st Mondays in May and Oct. 
 
 1st Tuesdays in Jan. and June. 
 
 1st Tues. in June, 2d Tues. in Nov. 
 
 4th Tues. in Nov , 8d Tues in May, 2d 
 Mon. in .luly, if adjourned. 
 
 2d Tues. in iMar., 4th Tues. in Oct. 
 
 4th Tues. in May and Sept. 
 
 ."d Tues. in April, 2d Tues. in Sept., 1st 
 Tues. in Dec. Specials, for motions 
 every Saturday, e.xcept in August, 
 last two in July and flrat two in Sept. 
 
 1st Tues. in May, 8d Tues. in Oct. 
 
 Attached to 'W'adena. 
 
 4th Mon. in Sept. 
 
 Attached to C!row Wing. 
 
 1st Tuesdays in June and Dec. 
 
 Time to be fixed by the Judge. 
 
 1st Tues. in March, od Tues. in Sept. 
 
 4th Mon. in March. 
 
 1st Tues. in .Tune. 
 
 Attaclied to St. Louis. 
 
 2d Mon. in April, 1st Mon. in Oct. 
 
 1st Tues. after .Jan. 1st and July 4th. 
 
 2d Tuesdays in June and Dec. 
 
 Last Monday but one in May, 3d Mon- 
 day in Nov. 
 
 2d Tues. in Sept. 
 
 2d Mondays in May and November. 
 
 3d Tues. in Feb., 1st Tues. in Sept. 
 
 4th Mon. in Jan. 
 
 1st Mon. in March, 3d Mon. iu Sept. 
 
 3d Tues. in March and Sept. 
 
 3d Tuesdays in April and Oct. 
 
 4th Mons. 'in April and Oct. 
 
 1st Tuesdays in March and Nov. 
 
 3d Mon. in May, 2d IMon. in Nov. 
 
 1st Mondays in June and Dec. 
 
 3d Mon. in May, 2d Mon. in Nov. 
 
 1st Tues. in Oct. 
 
 3d Tuesdays May and Dec. 
 
 1st Mondays June and Dec. 
 
 2d Mon. in March, 3d Mon. in Oct. 
 
 2d Tues. in Jan., 1st Tues. iu May, last 
 Tues. in Sept. Special for motions, 
 every Saturday except during July. 
 
 2d Tuesdays in May and Nov. 
 
 4th Tuesdays in May and Nov. 
 
 1st Tues. In May, 2d Tues. after 1st Mon- 
 in Nov. 
 
 3d Tuesdays in March and Sept. 
 
 1st Mon. after Jan. 1st, last Mon. in 
 April, and 1st Mon. in Sept. 
 
 2d Mondays in June and Dec. 
 
 1st Mon. in Feb. 
 
 4th Mondays in May and Nov. 
 
 2d Mon. in June, Is't Mod. in Dec. 
 
 1st Tuesdays in .Tune and Dec 
 
 3d Tuesdaj's in May and Nov. 
 
 :k\ Tues. in March, 1st Tues. in Oct. 
 
 3d Mon. in Feb. 
 
 2d Tuesdays in Rfarch and Oct. 
 
 3d Mon. in May, ild Mon. in Nov. 
 
 1st Mon. after May 2!';tli, 4th Mon. in Nov. 
 
 3d Tuesdays in March and Oct. 
 
 4th Tues. in May 2d Tues. in Nov. 
 
 3d Tues. in Nov. 
 
 1st Tuesdays in March and Oct. 
 
 2d Mondays in March and Oct. 
 
 1st Mondays in June and Dec. 
 
 . Fairmount 6 
 
 . Glencoo 8 
 
 . Litchfield 12 
 
 . Princeton 7 
 
 . Little Falls 7 
 
 . Austin 10 
 
 . Currie 13 
 
 . St. Peter 9 
 
 . Worthington 13 
 
 . Ada 14 
 
 . Rochester 3 
 
 . Fergus Falls 7 
 
 . Pine City 1 
 
 . Pipe Stone 13 
 
 . Crookston 14 
 
 . Glenwood 7 
 
 . St. Paul 2 
 
 Redwood . . . Redwood Falls .... 9 
 
 Renville .... Beaver Falls 9 
 
 Rice Faribault 5 
 
 Rock Luverne 13 
 
 St. Louis .... Duluth H 
 
 Scott Shokopee 8 
 
 Sherburne . . . Elk River 7 
 
 Sibley Henderson 8 
 
 Stearns .... St. Cloud 7 
 
 Steele Owatonna 5 
 
 .Stevens .... Morris 18 
 
 Swia Benson 12 
 
 Todd Ijong Prairie 7 
 
 Traverse .... Browns Valley . . . . Ifi 
 
 Wabasha . . . Wabasha . ." 3 
 
 Wadena .... Wadena 15 
 
 Waseka .... Waseka 5 
 
 Washington . . Stillwater 1 
 
 Watonwan . . St. .lames (> 
 
 Wilkin .... Breckenridgc Ifi 
 
 Winona .... Winona 3 
 
 Wright .... Buffalo 4 
 
 Yellow Medicine . Granite Falls ... 12 
 Probate Courtx 
 
 1st Tues. in May, 3d Tues. in Oct. 
 Terms are held at the county seat of each organized county, on 
 the 1st Monday of eacli month. 
 
 Special terms are called in discretion of the judges. 
 
 Municipal Court of St. Paul. Hold terms to hear civil cases every Tuesday at 
 10 A. M. 
 
 Justice Courts. Are usually open at all times during the dav. 
 
 [.Min. 9.]
 
 450 MINNESOTA. 
 
 Curtesy. — Act relating to repealed, saving all vested rights. {See Descent 
 and Distribution.) 
 
 Deeds. — Conveyance of laud, or of any estate or interest therein, may he 
 made hy deed, executed hy any person having authority to convey the same, 
 or by his attorney, and acknowledged and recorded in the registry of deeds 
 for the county where the lands lie, without any other act or ceremony. 
 
 Deeds shall be in writing, executed in the presence of two witnesses, who 
 shall subscribe their names thereto as such, and may be acknowledged by 
 grantor or grantors before officers authorized to take acknowledgment. 
 
 (See acknoioledgments.) 
 
 A deed of quit claim and release is sufficient to pass all the estate which 
 the grantor could convey by deed of bargain and sale. The word "heir" 
 or "heirs" or other words of inheritance shall not be necessary to create or 
 convey an estate in fee simple. Married women convey by joining their hus- 
 bands in the deed. She is liable on her covenants as a fern* sole. 
 
 As between grantor and grantee a deed is valid though not acknowledged, 
 but without acknowledgment in form substantially as above is not entitled to 
 record. 
 
 Form of Warranty Deed. 
 
 This indenture, made this day of in the year of our Lord one 
 
 thousand eight hundred and between part of the first part, and 
 
 part of the second part, Witnesseth, That the said part of the first 
 
 part, in consideration of the sum of Dollars, to in hand paid bylthe 
 
 said part of the second part, the receipt whereof is hereby acknowledged, 
 ha granted, bargained, sold and conveyed, and do by these presents grant, 
 
 bargain, sell and convey, to the said part of the second part heirs 
 
 and assigns, forever, all tract , piece or parcel of land, lymg and 
 
 being in the county of and State of Minnesota, described as follows 
 
 to wit : — 
 
 To have and to hold the same, together with all the hereditaments and 
 appurtenances therevinto belonging or in anywise appertaining to the -said 
 part of the second part, heirs and assigns, forever. 
 
 And the said part of the first i^art, do covenant with the said part 
 
 of the second part, heirs and assigns, as follows: 1st, that 
 
 lawfully seized of said premises ; 2nd, that, good right to convey 
 
 the same ; 3rd, that the same are free from all incumbrances ; and 
 
 4th, that the said i^art of the second part, heirs and assigns, shall 
 
 quietly enjoy and possess the same ; and that the said part of the first i^art 
 will warrant and defend the title to the same against all lawful claims. 
 
 In testimony whereof, the said part of the first part ha hereunto set 
 
 hand and seal the day and year first above written. 
 
 (Signature.) 
 
 State of Minnesota, > 
 
 County op 5 
 
 Be it known, that on this day of A. D. 188 , personally ap- 
 peared before me to me known to be the person described in and who 
 
 •executed the foregoing instrument, and acknowledged that he executed the 
 same as own free act and deed. 
 
 Descent and Distributions. — Surviving husband or wife is entitled to 
 hold for the term of his or licr natural life, free from all claims on account 
 of debts of deceased, the liomcstead of such deceased. 
 
 Such survivor also entitled to and shall hold in fee simple, or by such in- 
 ferior tenure as the deceased at any time being seized or possessed thereof, 
 one equal, undivided one-tliird of all other lands of which the deceased was 
 ;it any time during coverture seized or possessed, free from any testamentary 
 £Min. 10.]
 
 MINNESOTA. 4-31 
 
 or other disposition thereof to which such survivor shall not have assented 
 in writing, but subject, in its just proportion with the other real estate, to the 
 l)aynieuts of such debts of the deceased as are not paid from the personal 
 ■ estate. The residue of such real estate, or if there be no surviving husband 
 or wife of such intestate, then the whole thereof shall descend, subject to the 
 debts of the intestate, in the manner following. 1st. In equal shares to the 
 children, and to the lawful issue of any deceased child, ))y right of represen- 
 tation. 2d. If there be no child, and lawful issue of any deceased child of 
 the intestate living at his death, his estate shall descend to his father. 3d. If 
 the intestate leaves no issue nor father, his estate shall descend, one equal 
 one-third to his mother, and the residue in equal ^hares to his brothers and 
 sisters, and to the lawful issue of any deceased brother or sister by right of 
 representation. 4t]i. If the intestate leaves no issue nor father, and no 
 brother nor sister living at his death, his estate shall descend to his mother, to 
 tlie exclusion of the issue, of any of the deceased brothers or sisters. 5th. 
 If the intestate leaves no issue, nor father nor mother, his estate shall descend 
 in equal shares to his brothers and sisters, and to the lawful issue of any 
 deceased brother or sister, by riglit of representation. 6th. If the intestate 
 leaves no issue, and no father, mother, brother or sister, his estate shall de- 
 scend to his next of kin, in e(iual degree ; excepting that when there are two 
 or more collateral kindred in ec^ual degree, but claiming through nearest 
 ancestor shall be preferred. 7th. If any person dies, leaving several children, 
 or leaving one child and the issue of one or more other children, and any 
 such surviving child dies under age, and not having been married, all the 
 estate that came to the deceased child by inheritance from such deceased 
 parent shall descend in equal shares to the other children of the same parent, 
 and to the issue of and such other children who have died, by right of re- 
 presentation. 8th. That at the death of such child who dies under age, and 
 not having been married, all the other children of his said parents are also 
 dead, and any of them has left issue, the estate that came to said child by 
 inheritance from his said parent shall descend to all the issue of other chil- 
 dren of the same parent ; and if all the said issue in the same degree of kin- 
 dred to said child, they shall have the said estate equally ; otherwise, they 
 shall take accoi'ding to the right of representation. 9th. If the intestate 
 leaves a surviving husband or wife, and no kindred, his or her estate shall 
 ■descend to such survivor. 10th. If the intestate leaves no husband or wife, 
 or kindred his or her estate shall escheat to the state. 
 
 ,If at the time of the death of intestate, the surviving hus^nd or widow 
 :shall have wilfully and without cause deserted and lived separate and apart 
 from said deeea.sed for the space of one year, immediately prior to such de- 
 cease, such survivor forfeits all interest whatsoever in any of the lands of 
 deceased. 
 
 Degrees of kindred computed according to rules of civil law. 
 
 Kindred of half blood shall inherit equally with those of whole blood of 
 same degree. 
 
 Persowd Estate. — Descent the same as real property, except that before 
 there is any distribution, sundry small provisions are made for support of 
 of widow and children under ten years of age. 
 
 Depositions. — Within this state : When the witness lives more than thirty 
 miles from place of trial, or is about to go out of the state, and not to return 
 in time for trial, or is so sick, infirm or aged as to make it probable he will 
 not be able to attend, his deposition may be taken before any justice of the 
 peace to whom either party may apply, upon notice, to adverse party, of one 
 day, and also allowing time for his travel to the place appointed after being 
 notified, not less than at the rate of one day, Sundays excepted, for every 
 twenty miles travel. 
 
 Withoitt the State. — The deposition of any witness without this state may 
 be taken under a commission issued to any competent person in any state or 
 county ; 1st. "When an issue has been joined in an action in a court of record 
 in this state, and it shall appear, on the application of either party, that any 
 
 [Min. 11.]
 
 462 MINNESOTA. 
 
 witness not residing in this state is material in the prosecution or defense of 
 such action, and that due notice of such application was served upon the ad- 
 verse party at least eight days before application is made, 2d. When in an 
 action commenced in a covirt of record in this state, the time of answering 
 the complaint is expired, and the defendant has not answered or demurred, 
 and it appears that the testimony of a witness not residing in the state is 
 material to establish facts or enable court to render judgment. 
 
 When application is made by plaintiff, and there is no appearance, may be 
 made exparte, without notice, and deposition may be taken upon interroga- 
 tories filed by the plaintiff, and annexed to the commission. In all other 
 cases, such depositions shall be taken under a commission, and upon written 
 interrogatories, to be exhibited to adverse party, or his attorney, and cross 
 interrogatories, to be filed by him if he sees fit. 
 
 Parties may, by stipulation in writing, agree on any other mode of taking 
 depositions, and, when taken pursuant to such stipulations, they may be 
 used upon the trial, with like force and efiect as if taken as herein 
 I)rovided. 
 
 Notice : — Whenever the testimony of any person within or without the- 
 state is wanted in any civil action or proceeding in any court in this state, 
 the same may be taken by and before any officer authorized to administer an 
 oath in the state or territory in which the testimony of such person may be 
 taken, upon notice of adverse party of time and jjlace of taking same. No- 
 tice to be in writing, and served as other notices in civil actions, giving ad- 
 verse party sufficient time, by usual route of travel, allowing one day for 
 every hundred miles of distance between place of service and place of taking 
 such testimony, and one day for preparation, exclusive of Sundays and day 
 of service. Examination, if so stated in notice, may be adjourned from day 
 to day. Court may, on motion, by order in cause designate time and place, 
 and a time of serving order when defendant is in default, Jiotice or order 
 need not be served, 
 
 JTow taken, autlienMcated and returned. — At any time and place specified 
 in the notice or order, or within one hour thereafter, the examination shall 
 commence. Each witness shall, before testifying, be sworn by the ofiicer 
 to testify the whole truth, and nothing but the truth, relative to the cause 
 specified in notice or order. The testimony shall be written by the officer. 
 The proceedings may be adjourned from day to day until the examinations 
 are closed, • 
 
 Either party may appear in person, or by agent or attorney, and take part 
 in the examination. The testimony when complete, shall be read over by 
 officer to witness, who may qualify or add thereto. When deposition is com- 
 I)leted, witness shall sign his name at the end thereof, as well as upon each 
 piece of paper on which any portion of his testimony is written. Thereupon, 
 officer shall annex a copy of the notice or order, and a certificate, vmdcr his 
 hand and official seal, if he has one, stating what office he held and exerciser! 
 when taking such dei)ositions, and that by virtue thereof he was then and 
 there authorized to administer an oath ; that each witness, before testifying, 
 was duly sworn to testify the truth, and nothing but the truth, relative t«> 
 said cause, and that each of such depositions were taken pursuant to such 
 notice or order, and who, if any one, examined for ])arties representively. 
 Such certificate shall Xm prima facie evidence of matters therein stated. 
 
 Directions for taking Depositions. 
 
 1st. Give state, county, court and title of cause', as Ciuiid iu ilic stii)u- 
 lation. 
 
 2d. Prefix the testimony of each witness witli tiie f^illowiiig : 
 
 "Testimony of , in the county of , and state of , taken before 
 
 , Notary Public, by virtue of the stipulation luTcto attached, as stated 
 
 in the return thereto. 
 [Min. 12.]
 
 MINNESOTA. 4-53 
 
 3fl. Do not CKpy the interroijatoiies, or cross-iaterrogatories, but before 
 ■each answer put the following : 
 
 "To tlie first interrogatory tiie witnesses deposes and says." 
 "To the second interrogatory the witness, tSic."' 
 
 4th, At the end of the deposition, the witness should sign his name, and 
 the offieer should add jurat us follows : 
 
 Subscribed and sworn to before me, 188 — . i 
 
 [l. S.] Notary Public." ) 
 
 5. Before examination, each witness should be sworn as follows: 
 
 "You do solemnly swear that the evidence you shall give relativii to 
 the cause now under consideration, shall be the whole truth anil nothing but 
 the truth, so help you God." 
 
 6th, Form the papers into one package, fastened together .securely in tlie 
 following order : 
 
 Stipulation, interrogatories and cross-interrogatories, depositions 
 exhibits (if any), and return. 
 
 (Add a minute of the fees officer and witnesses, and by whom paid.) 
 
 Enclose the package in an envelope and address it to " , clerk 
 
 of ." 
 
 Across the end of the envelope endorse, ' ' Deposition in case of . ' ' 
 
 The package may be sent by mail, express or private conveyance. 
 
 7th. The return (which may be endorsed on the stipulation, or on a sepa- 
 rate paper, and attached to the stipulation, or at the end of the i)ackage) — • 
 should be in the following form : 
 
 "I, , Notary Public within and for the , do certify that by vir- 
 tue of the within and foregoing stipulation, the testimony of was taken 
 
 before me at , in , on the — day of , 188 — , between the hours of — , 
 
 and was reduced to writing by myself (or by deponent, or by , a dis- 
 interested person, in my presence and under my direction). That the said 
 testimony was taken by and pursuant to the authority and recpiirements of 
 the said stipulation, upon the interrogatories annexed and herewith re- 
 turned. That , said witness, before examination, was sworn to testify 
 
 the whole truth and nothing but the truth relative to the cause specified in 
 said stipulation, and that the testimony of said witnesses was carefully read 
 to (or by) , said witness, by me, and then by him subscribed in my pres- 
 ence. 
 
 Notary Public." 
 
 Divorce. — From Inmds of matrimony decreed by district court on suit 
 brought in the county where the parties or either of them reside, for either 
 of the following causes : 1st. Adultery; 2d. Impotency ; od. Cruel and in- 
 human treatment ; 4th. "When either party, subsequent to the marriage has 
 been sentenced to imprisonment, after divorce granted from this cause, pardi )n 
 does not restore conjugal rights ; 5th. Wilful desertion for tlie term of thret; 
 years ; 6th. Habitual drunkenness for space of one year. Complainant must 
 have resided in the state one year immediately preceding filing of complaint, 
 except for adultery committed while complainant was a resident therein. 
 
 When adultery is established, court may deny divorce, when it appears 
 that the ottence was committed by the procurement or with the connivance 
 of the complainant ; when there has been an express forgiveness of the adul- 
 tery, or a voluntary co-habitation of the parties, with knowledge of offence ; 
 when action has not been brought within three years after discovery of 
 
 [Min, 13]
 
 454 MINNESOTA. 
 
 offence charged ; when it is proved that jilaintiif has also been guilty of 
 adultery. 
 
 Action brought by wife in her own name, commenced by summons and 
 complaint. The complaint shall contam names and ages of parties, name of 
 court where action is brought, and statement of facts in ordinary and concise 
 language. Service made personally, or where defendant is out of the state 
 and cannot be found by publication. Defendant has thirty days to answer. 
 Alimony and custody of children regulated by order of court. 
 
 Limited divorces, permanent or temporary, may be decreed for : 1st. Cruelty 
 by husband ; 2d. Such conduct by husband as renders co-habitation unsafe 
 for wife ; 3d. Abandonment by husband, and neglect or refusal to provide 
 for wife. 
 
 Temporary alimony may be decreed, and proceedings are the same as in 
 cases of absolute divorce. 
 
 Dower. — Abolished by statute. {See Descent and Distribution.) 
 
 Evidence. — AH persons, save as hereinafter mentioned, may be witnesses. 
 No one excluded on account of interest, conviction of crime, or religious^ 
 opinion or belief. Persons of unsound mind, or intoxicated, and children 
 under ten years of age, who appear incapable of relating facts truly, cannot 
 testify. Exceptions are made to privileged communications between hus- 
 band and wife, attorney and client, clergymen and persons in regard to con- 
 fessions, physician and patient, and public officers, as to communications 
 made to them in official confidence. 
 
 No party to action, or interested in event thereof, can give evidence there- 
 in, of or concerning any conversation with, or admission of, a deceased or 
 insane party or person, relative to any matter at issue between the parties. 
 
 Records and judicial proceedings of any court in the United States, admis- 
 sible in all cases where authenticated by officer having charge of records, 
 with seal of court annexed. 
 
 Copies of all records and papers belonging to, and being in the Govern- 
 mental departments, authenticated as such according to the laws of the 
 United States, so as to be serviceable as evidence in United States Courts, 
 admissible. 
 
 In actions brought on promissoiy notes or bills of exchange by the endorser, 
 the possession of the note or bill is prima facie evidence that the same waa 
 endorsed by the person by whom it purports to be endorsed ; and every writ- 
 ten instrument purporting to have been signed or executed by any person, 
 shall be proof that it was so signed or executed, until the person by whoni it 
 purports to have been signed or executed shall deny the signature, or ex- 
 ecuted shall deny the signature or execution of the same by his oath or affi- 
 davit : but this section shall not extend to instruments purporting to have 
 been signed or executed by any person who shall have died previous to the 
 requirement of such proof. 
 
 Executions. — May issue from district courts at any time within ten years 
 after judgment, and to any county where a transcript has been docketed. 
 
 Executions are returnable in sixty days, but may be renewed for sixty days 
 at a time, upon request of judgment-creditor or his attorney. Personalty is 
 first levied on, and is sold at ten days notice ; real estate, after six weeks 
 publication. Injustices' courts, execution may issue ten days after entry of 
 judgment, returnable in thirty days, and renewable from time to time for 
 periods of thirty days. 
 
 Executors. — Probate court, upon proof of will, shall issue letters to exe- 
 cutor therein named, if he is legally competent, accepts the trust and gives 
 bond. The last is in a reasonable sum, and conditioned to make, within 
 three months, a true inventory of all matters connected with the estate, to 
 pay and discharge all debts, legacies, etc., or such dividends as are ordered, 
 to administer estate according to law, and to render time account to court. 
 within one year, or at any other time as required by court. 
 [Min, 14.1
 
 MINNESOTA. 455 
 
 When testator requests that executor gives uo bond, court may order oue 
 so as to protect creditors. 
 
 When executor is residuary legatee, he may give bond to pay debts and 
 legacies, but shall be required to return inventory. 
 
 No person named as executor, who neglects to accept tnist, or give bond 
 for twenty days after probate of will, shall act as such. 
 
 When minor is namt-il, during minority, administration shall be granted 
 with will annexed, and on liis arriving at full age, he is admitted as joint 
 executor. When an unmarried woman, who is executrix, marries, her mar- 
 riage shall not extinguish her authority. 
 
 When an executor resides out of state, or neglects, after due notice given 
 by judge of probate, to rentier his account and sell the estate according to 
 law, or perform any decree of the court, or absconds, or becomes insane, or 
 otherwise incapable or unsuitable to discharge the trust, he may be removetl. 
 
 When an executor dies, is removed, or his authority is extinguished, the 
 remaining executor, if there is one, may execute the trust, if there be none, 
 administration with will annexed, is granted. The executor of an executor 
 shall not, as such, administer the estate of the first testator. 
 
 Exemptions. — Homestead is exempt, (as to what constitutes, see home- 
 stead.) Also the following property: family bible, family pictures, school 
 books or library, and musical instruments for use of family, pew or seat in 
 l)lace of public worship, lot in burial ground, all wearing apparel of debtor 
 and family, furniture not exceeding five hundred dollars in value ; all moneys 
 arising from insurance of any property exempted from sale on execution, 
 when such property has been destroyed by fire. The following shall extend 
 only to debtors having an actual residence in this state ; Three cows, ten 
 swine, one yoke of oxen and a horse, or, in lieu of one yoke of oxen, and a 
 horse, a span of horses or mules, twenty sheep, and the wool from same, 
 either raw material or manufactured into yam or cloth ; the necessary food 
 for all the above mentioned stock for one year's support, either provided or 
 growing, or both, also oue wagon, cart or dray, one sleigh, two plows, one 
 drag, and other farming vitensils, including tackle for teams, not exceeding 
 three hundred dollars in value ; the provisions for the debtor and his family 
 necessary for one year's support, either provided or growing, or both, and 
 fuel necessary for one year; the tools and instiiiments of any mechanit-, 
 miner, or other person, used and kept for the purpose of carrying on his 
 trade, and, in addition thereto, stock in trade not exceeding four hundred 
 dollars in value ; the library and implements of any professional man ; all 
 of which articles shall be chosen by debtor, his agent, clerk or legal repre- 
 sentative ; also all the presses, stones, type, cases, and other tools and imple- 
 ments used by a co-partnership, or by any j^rinter, publisher or editor, or by 
 any person hired by him to use them, not to exceed two thousand dollars, 
 together with stock in trade not exceeding four hundred dollars ; one sewing- 
 machine ; necessary seed grain for the actual ])ersonal use of the debtor 
 for one season, not exceeding fifty bushels of Avheat, fifty bushels of oats, 
 fifteen bushels of potatoes, three bushels of corn, and thirty bushels of 
 barley. 
 
 The wages of the laboring man or woman or his or her minor children, in 
 any .sum not exceeding twenty dt)llars, due for services I'endered by him oi* 
 them for any jjerson for and during ninety days preceding the issue of 
 l)rocess. 
 
 The property hereinbefore mentioned is not exempt from attachment issued 
 in an action for the purchase money of tlie same i)roperty, or from an execu- 
 tion issued upon any judgment rendered therein. 
 
 Factors. — No statutory provision relating to same in this state 
 
 False Pretense. — Obtaining accmnmodations at hotel by false jtretense a 
 misdemeaiaor, obtaining property by same, larceny, punished by fine, or im- 
 prisonment. 
 
 [Min.lo.]
 
 456 MINNESOTA. 
 
 Frauds — Statute of. — Xu action shall be maintained, in either of the 
 foUowinf*- ca.ses, upon any agreement, unless such agreement, or some note 
 or memorandum thereof, expressing the consideration, is in writuig and 
 subscribed by the party charged therewith : 1st. Every agreement that by 
 its terms is not to be performed within one year from the making thereof. 
 2d. Every special promise to answer for the debt, default or doings of an- 
 other, od. Every agreement, i^romise or undertaking, made upon considera- 
 tion of marriage, except mutual i)romises to marry. 
 
 Every contract for the sale of any goods, chattels or things in action, for 
 the price of fifty dollars or more, shall be void, vmless, 1st. A note or mem- 
 orandum of such couti'act is made, in writing, and subscribed by the parties 
 to be charged therewith. 2d. Unless the buyer accepts and receives part of 
 such goods, or the evidences, or some of them, of such things in action. 3il. 
 Unless the buyer, at the time, pays some part of the purchase money. 
 
 Wherever goods are sold at public auction, and the auctioneer at the time 
 of sale, enters into a sale book a memorandum, specifying tlie nature and 
 price of the property sold, the terms of the sale, name of the purchaser, 
 and the name of the person on whose account the sale is made, such memo- 
 randum shall be deemed a note of the contract of sale. 
 
 Every grant or assignment of any existing trust in goods or things in a,v.- 
 tion, unless the same is in writing, subscribed by the party making the same, 
 or by his agent, lawfully authorized, shall be void. 
 
 No estate or interest in lands, other than leases for a tenn not exceeding 
 one year, npr any trust nor power over or concerning lands, or in any manner 
 relating thereto, shall hereafter be created, granted, assigned, surrendered or 
 declared, unless by act or operation of law, or by deed or conveyance in 
 writing, subscribed by the parties, or their lawful agent authorized in 
 writing. 
 
 Every contract for the leasing for a longer jieriod than one year, or for the 
 sale, of any lands, or any interest in lands, shall be void, unless the contract, 
 or some note or memorandum thereof, expressing the consideration, is in 
 writing, and subscribed by the party by whom the lease, or sale is to be 
 made, or by his lawful agent thereunto authorized in writing. 
 
 Garnishment. — In any action in a court of record or justices' court, for 
 the recovery of money, if the plaintiff, his agent or attorney, at the time of 
 filing the complaint or issuing the summons therein, or at any time during 
 the pendency of the action, or after judgment therein against the defendant, 
 makes and files, with the clerk of the court, or justice, an affidavit, stating 
 that he believes that any person, naming him, has property, money or eftects 
 in his hands, or under his control, belonging to the defendant, and that the 
 value of such property or effects, or the amount of such money or indel)ted- 
 ness, if in district court, exceeds twenty-five dollars, or, in justices' court, 
 exceeds ten dollars, a sunimons may be issued. 
 
 No person or corporati(,)n shall be adjudged a garnishee in either of the 
 following cases : 1st. By reason of any money or any other thing due to 
 default, unless at the time of the service of the summons, the same is due 
 absolutely, and without depending on any contingency. 2d. By reason of 
 any debt due from the garnishee on a judgment, so long as he is liable to an 
 execution thereon. 3d. By reason of any liability incurred, as maker or 
 otherwise, upon any draft, bill of exchange or promissory note. 
 
 Any money or other thing due or belonging to the defendant may be 
 attached by this process, before it has become payable, providing it is due or 
 owing absolutely. 
 
 To record judgment against garnishee in a court of record, the property or 
 indebtedness attached and the judgment against tlie defendant shall not be 
 less than twenty-five dollars, exclusive of costs, in justices' court, not less 
 than ten dollars. 
 
 Whenever the defendant in any action of garnishment shall make it appear 
 that the sum of money belonging to him or her, which has been garnisheed. 
 was earned by him or her as a laboring man or woman, by the actual work 
 [Min. 16.]
 
 MINNESOTA. 457 
 
 of his or her hands, and shall make it appear that said nianey is actually- 
 necessary to his support, it shall be the duty of the court to order the dis- 
 charge of the gamishnient, and render judgment in favor of said defendant, 
 without costs to said defendant. 
 
 Defendant may procure dismissal of garnishee proceedings by executing 
 to plaintitf a bond in double the amount claimed in complaint, with two or 
 more surties who must justify and be approved by the court. 
 
 Grace. — On bills of exchange payal)le at sight or at future day certain, and 
 on negotiable promissory notes, orders and drafts, payable at future day cer- 
 tain, when there is no stipulation to contrary, grace allowed. No grace on 
 demand paper. 
 
 Homestead. — A homestead, consisting of any quantity of land not ex- 
 ceeding eighty acres, and the dwelling house thereon and its appurtenances, 
 to be selected by the owner thereof, and not included in the laid out or 
 platted portion of any incori^orated town, city or village, or, instead thereof, 
 at the option of owner, a quantity of land not exceeding in amount one lot, 
 if within the laid out of platted portion of an incorporated town, city or vil- 
 lage having over five thousand inhabitants, or one-half acre, if within the 
 laid, put or jilatted i)()rtion of an incorporated town, city or village having 
 more than five thousand inhabitants, and the dwelling house thereon and its 
 appurtenances, owned and occupied by any resident of this state, shall not 
 be subject to any process issuing out of any court in this state. 
 
 Insolvent Laws. — This is known as the law of 1881, an act to prevent 
 debtors from giving preference to creditors, and to secure the e<|ual distribu- 
 tion of the property of the debtors among their creditors, and for the release 
 of debts against debtors. 
 
 Whenever the property of the debtor is attached or levied upon by any 
 officer, by virtue of any writ or process issued out of a court of this state, 
 in favor of any creditor, or garnishment made against any debtor, such 
 <lebtor may, within ten days after the levying of such attachment, process 
 or garnishment shall have been made, make an assignment of all his pro- 
 perty and estate, not exempt by law, for the equal benefit of all his credi- 
 tors, in proportion to their respective valid claims, who shall file releases of 
 their debts and claims against such debtor, as hereinafter provided, which 
 assignment shall be made in accordance with and be governed by the laws 
 relating to assignments, save as herein, and upon the making of such assign- 
 ment all attachments, levy, or garnishment shall be dissolved, upon the 
 appointment and qualification of an assignee or receiver, and thereupon the 
 officers shall deliver the property attached or levied upon to such assignee or 
 receiver, unless the assignee shall, within five days after such assignment, 
 file in the office or the clerk of the court, where such attachment was issued 
 or judgment was rendered, a notice of his intention to return such attach- 
 ment, levy or garnishment, in which case any such shall enure to the benefit 
 of all the said creditors, and may be enforced by the assignee, by his substi- 
 tution in the action as such. The above does not apply to cases where an 
 execution has been issued u])on a judgment in an action where the complaint 
 has been filed in the office of the clerk of the court twenty days prior to the 
 entry of judgment. 
 
 Preference. — Application of Receiver — When any debtor, being insolvent, 
 shall confess judgment, or do any act, or make any conveyance, whereby 
 any creditor shall obtain a preference, or shall omit to do any act which he 
 might lawfully do to prevent any one of his creditors obtaining a preference, 
 or if he shall not, within ten days after any levy or other process, make an 
 assignment, or commence proc^eedings to vacate attachment and execution or 
 garnishment, then, or within sixty days thereafter, any two or more of his 
 creditors holding claims of not less than two hundred dollars in the aggregate, 
 may petition district court or a judge thereof, who may appoint a receiver, who 
 
 [Min. 17]
 
 458 MINNESOTA. 
 
 shall take possession of all the debtor's property, and all property conveyed 
 in violation of the provisions thereof, and have charge and control of the 
 same, except property exempt, and shall, within four months, unless other- 
 wise directed, convert same to money, and shall marshal and distribute the 
 same among the several creditors who shall release of all claims against. 
 
 Preference is expressly prohibited, exce]3t in cases provided by law. It is 
 a misdemeanor for an insolvent debtor to confess or suffer judgment to be 
 entered with intent that a creditor obtain a preference. 
 
 The court may, at any time, UY>on the filing of affidavits or other evidence 
 satisfactory to the court, grant an order restraining such debtor from collect- 
 ing any bills, notes, accounts or other property, or from disposing of, or in 
 any manner interfering with the property of said estate, or may by writ of 
 /le exeat, or by order, restrain said debtor from leaving the state until the 
 further order of the court, or may require him at any time to appear and 
 make full disclosure as to any disposition of property, or other matter per- 
 taining to the estate. 
 
 Conveyance in, anticipation of Insolvency and as a Preference. — Convey- 
 ances and payments made, and securities given by insolvent debtor, or one 
 in the contemplation of insolvency, within four months of making an assign- 
 ment as provided in section one, with a view of giving a preference upon a 
 pre-existing debt, or to any person under liabilily for such debtor, over 
 another, shall be void as to all creditors or persons receiving the same, who 
 shall have reasonable cause to believe that such debtor was insolvent ; and 
 all such conveyances made and securities given at any time, unaccompanied 
 with a delivery or change of possession of the property of the grantee, unless 
 the instrument containing the possession of the property to the grantees, 
 unless the instrument containing the grant or conveyance, shall have been duly 
 filed or docketed before the commencement of four months, shall be void 
 as a preference. Assignee may bring action to annul such conveyances, and 
 recover the property. 
 
 This does not apply to any payment or satisfaction in whole or in part of a 
 past due debt made in the usual course of business, without any attempt to 
 evade the provisions of this act. 
 
 Actions in these matters are commenced in county where debtor resides ; if 
 a non-resident, may be brought in any county designated in complaint where 
 debtor has property subject to attachment or levy. Actions brought in naiue 
 of assignee or receiver. 
 
 Costs in cases upon which attachment or levies are made, which are dis- 
 solved under the provisions of this act, and a reasonable fee not exceeding 
 twenty-five dollars, in the discretion of the court, to an attorney, for creditors 
 petitioning under this act, shall be preferred and be paid first by the receiver. 
 
 Appealfrom disalloxcance of Claim. — A creditor whose claim is disallowed 
 in whole or in part, by any assignee or receiver appointed under this act, or 
 the provisions of the general assignment laws, may appeal from such dis- 
 allowance, to the district court, and there have such claims tried as other 
 civil actions. The assignee shall, within ten days after his disallowance of 
 any claim, in whole or in part, give written notice to such creditors of such 
 disallowance, which notice may be served personally or by mail, as in other 
 cases. When notice is served personally, creditor has ten days in which to 
 appeal ; if by mail, twenty days. 
 
 Interest and Usury. — Seven per cent, is the legal rate of interest upon 
 every legal indebtedness, including judgments and accounts. Since July 1, 
 1879, the highest rate of interest allowed to be taken by special contract is 
 ten per cent. 
 
 Instruments shall bear the same rate of interest after they became due as 
 before, and any provision in a contract, note or instrument providing for an 
 increase of the rate of interest upon maturity, or any increase thereon after 
 the making and delivery thereof, shall work a forfeiture of the entire interest 
 thereof ; but this does not apply to instruments which bear no interest before 
 maturity. The penalty for usury is forfeiture of the entire amount of th& 
 note or other instrument, and of all interest. 
 [Min. 18.]
 
 MINNESOTA. 459^ 
 
 Judgments. — If no defense is made, judgments can be obtained at the ex- 
 piration of twenty days, and upon being docketed in the office of the clerk 
 of the court they become liens upon all real estate of the debtor in the county 
 where docketed, owned by him at that time or afterward aci^uired, for ten 
 years after date of docketing, and can be enforced during that time by exe- 
 cution against the real or personal property of judgment debtor. 
 
 .Judgments have priority and are a lien upon real estate in the order and 
 from the time of docketing, and upon personal property from the time the 
 execution is levied thereon by the officer, without reference to whether they 
 are entered at the same or diflferent terms of court or vacation. 
 
 Justices of the Peace. — Jurisdiction of justice of the peace is co-exten- 
 sive with the limits of the county in w^hich he resides, except, writs of at- 
 tachment may be directed to the proper office in, and garnishee process issued, 
 may run into any county. 
 
 Has jurisdiction of actions on contract, to recover money only, for damage 
 for an injury to persons, or to real property, or for taking, detaining or in- 
 juring personal property, for a penalty given by statute on general or official 
 bonds, to take and enter confession of judgment ; and to foreclose liens on 
 personal property, where the amount or damages claimed does not exceed 
 one hundred dollars. 
 
 Has no jurisdiction in causes involving title to real property, for false im- 
 prisonment, libel, slander, malicious prosecution, criminal conversation or 
 seduction, or upon a promise to marry ; nor against an executor or adminis- 
 trator as such. 
 
 Landlord and Tenant. — "Whenever a person holds over any lands or 
 tenements after the termination of the time for which they are demised 
 or let to him, or contrary to the conditions of the agreement under which he 
 holds, or after any rent becomes due, or notice to quit, in all such cases the 
 party entitled to possession may make complaint to justice of the peace of 
 the county, who shall hear, try and deterrtiine the same. In St. Paul, these 
 cases are heard by the municipal court. Writ of restitution cannot issue 
 until twenty-four hours after judgment. In case where tenant held real 
 estate under a lease, an action commenced by a landlord is equivalent to a 
 demand and a re-entry. In 1879 distress for rent was abolished. 
 
 Notice to Quit. — Estates at will may be determined by either party, l)y 
 three months' notice in writing for that purpose, given to the other party ; 
 and when the rent reserved is payable at periods of less than three months, 
 the term of such notice shall be sufficient, if it is equal to the interval 
 between the time of payment ; and in all cases of neglect or refusal to pay 
 the rent due on a lease at will, fourteen days' notice to quit, giving in writing 
 by the landlord to the tenant, is sufficient to determine the lease. 
 
 Leases. — For more than one year must be in writing. For more than 
 three years operate as conveyance, in which case they must be executed with 
 all the formality of deeds. 
 
 License. — Commercial travelers are not recjuired to take out a license 
 before doing business. 
 
 Liens. — {See Mec7maics Liens and Judgments.) 
 
 Limitations of Actions. — Actions for the recovery of real property, or 
 the possession thereof, must be commenced within twenty years. Such 
 action cannot be maintained unleSs it apjjears that the plaintiff, his ancestor,, 
 predecessor, or grantor, was seized or possessed of the premises in question 
 within that time. 
 
 [Min. 19.]
 
 460 MINNESOTA. 
 
 Actions upon judgments, within ten years. The following actions must 
 be commenced within six years ; on contracts or other obligations express or 
 implied, save as above ; on a liability credited by statute, other than upon a 
 penalty or forfeiture ; for trespass upon real property ; for taking, detaining 
 and injuring real property; including those for the specific recovery thereof ; 
 for criminal conversation, or any other injury to the person or rights of 
 another, not hereinafter enumerated and not arising on obligation ; for 
 relief on the ground of fraud ; the cause of action not to be deemed to have 
 accrued until the discovery by the aggrieved party of the facts constituting 
 same ; (in all cases where judgment has been obtained by means of perjury, 
 subornation of perjury, or any fraudulent act, jjractice or representation of 
 prevailing party, an action may be brought by party aggrieved to set aside 
 said judgment, at any time within three years after the discovery by him of 
 such fraudulent act) ; to enforce a trust or compel an accounting. 
 
 Within three years against sheriffs, coroners or constables, upon liability 
 by the doing of acts in their official capacity, by virtue of their office, or by 
 the omission of official duty, including the non-payment of money collected 
 upon execution ; upon a statute for a penalty or forfeiture, where the action 
 is given to the party aggrieved, or to said party and the state. 
 
 Within two years, for libel, slander, assault, battery or false imprison- 
 ment ; or upon a statute for a penalty or forfeiture to the state. 
 
 Open Accounts. — Tlie cause of action is deemed to have accrued from the 
 time of the last item proved in the account on either side. 
 
 Foreclosure of Mortgages. — Every action to foreclose a mortgage, hereto- 
 fore or hereafter made upon real estate, shall be commenced within fifteen 
 years after the cause of acticm accrues, and said term shall not be enlarged 
 or extended by reason of any non-residence. This act takes etfect Septem- 
 ber 3, 1887. 
 
 An action is deemed commenced as to each defendant, when the summons 
 is served on him. An attempt to commence is equivalent to the commence- 
 ment thereof. 
 
 Effect of Absence. — If, when the cause of action accrues against a person, 
 he is out of the state, the action may be commenced within the times herein 
 limited after his return to the state ; and, if after the cause of action 
 accrues, he departs from and resides out of the state the time of his 
 absence is not part of the time limited for the commencement of the action. 
 
 WJien cause accrues out of state. — A cause of action arising out of the 
 state, and barred by tlie statute of limitations there, cannot be maintained 
 in this state, except in favor of a citizen thereof, who has had the cause of 
 .action from the timo it accrued. 
 
 Period of Disability. — If a person entitled to bring an action, except for a 
 penalty or forfeiture, is, at tlie time the cause accrued, either a minor or 
 insane, or imprisoned, or under a sentence for a term less than natural life, 
 the time of such disability is not a part of the time limited. Time cannot 
 be extended more than five years by such disability, except infancy, nor 
 longer than one year after disability ceases. 
 
 Death of Party. — When party entitled to bring action dies before expira- 
 tion of time limited for commencement thereof, and the cause survives, it 
 may be commenced within one year from his death, time which lapses 
 between deatli of party and granting of letters testamentary, not exceeding 
 six months, not to be deemed part of time limited for commencement of 
 actions by executors or administrators. 
 
 Limited Partnerships. — May be formed to transact mercantile, mecha- 
 nical and manuf icturing business by two or more persons, upon performing 
 certain conditions, but by same cannot transact banking or insurance 
 business. 
 
 It shall consist of one or more persons as general partners, who shall be 
 jointly and severally responsible as general partners now are by law ; and of 
 one or more who sliall contribute, in actual cash payments, a specific sum as 
 •capital to the common stock, called special partners, who are not liable 
 for the debts of the partnership beyond the fund so contributed. 
 [Min. 20.]
 
 MINNESOTA. 461 
 
 General partners only are authorized to transact business, sign for part- 
 nership and to bind same. A certificate containing : 1st. The name of firm 
 under which business is transacted. 2d. General nature of business. 3d. 
 Names of general and special partners named as such and their places of 
 residence. 4th. The amount c(mtributed by each special partner. 5th, 
 When partnership is to commence and terminate ; shall be made, signed, and 
 acknowledged in the same manner as a deed, and recorded in the office of 
 the register of deeds in the county where the principal place of business is 
 carried on. Affidavit of each special i)artner shall be filed at the same time, 
 showing that the amount has been actually and in good faith paid in cash. 
 
 Certificate must be published six successive weeks, and proof thereof by 
 parties' affidavit filed as above. 
 
 Partnership sign shall be put up in a conspicuous place, and general and 
 special partners, severally named as such. 
 
 Married Women. — All property acqviired by wife before or after marriage 
 remains her separate estate, free from the control of her husband, and not 
 liable for his debts, torts, &c. She is bound by her contracts, and her pro- 
 I)erty is liable for her debts and torts, as if unmarried, without joining her 
 husband, except that no conveyance or contract for the sale of real estate, or 
 of any interest therehi, by a married woman, other than mortgages on lands 
 to secure the purchase money of such lands, for leases for tenns not exceed- 
 ing three years, shall be valid, unless her husband shall join her in such 
 cimveyance. 
 
 She may sue and be sued, in her own name, without joining her husband. 
 
 No contract between husband and wife, the one with tlie other, relative to 
 the real estate of either, or any interest therein, shall be valid, nor shall any 
 power of attorney from the one to the other to convey real estate or any in- 
 terest therein be of any force ; but in relation to all other subjects either 
 may be constituted the agent of the other. ( See Curtesy, Dower and Dis- 
 tribution.) 
 
 Mechanics' Liens. — Whoever performs labor or furnishes material or ma- 
 chinery in the construction, alteration or rejjair of a building, manufactory 
 or water craft, or of a railroad and its appurtenances, by virtue of any con- 
 tract with the owner, or liis authorized agent, is entitled to a lien upon the- 
 same to secure payment, and if upon any building also on or to land upon 
 which it is situated, not exceeding forty acres, and if within the limits of a 
 city, town or village not exceeding one acre. He must, within six months 
 after performing such labor or furnishing such material, file a verified account 
 with copy of contract, if in writing, in tlie office of the register of deeds 
 where premises are situate, wliich gives him a lien for two years from com- 
 pleting work. 
 
 Mechanics' liens on homestead declared unconstitutional, (33 Minn. 144.) 
 Mechanics', laliorers or sub-contractors have a lien for the value or contract 
 price of labor or material furnished to same extent as above. 
 
 Liens foreclosed by action in same manner as mortgages upon real estate. 
 Owner may prevent all liens by compelling original contractor to give bond 
 for their benefit, with approved sureties, tiling same witli register of deeds 
 and posting notices to that effect. 
 
 They eilect only the intent of the owner and are subject to right of prior 
 lien-holders. 
 
 Laws of 1887. — Vll labor, hereafter performed, by contract or day, on 
 any building, or utility used in construction thereof, shall be a first lieu 
 thereon to full amount agreed to be paid. This applies to contractors, sub- 
 contractors or laborer. In addition they sliall be allowed a sum to cover 
 costs and a reasonable attorney fee. 
 
 Material furnished shall bo a second lien, whether it be real estate, home- 
 stead, (see 23 Minn. 144) personal property, with same provisions as above. 
 Contractor or sub-contractor, after receiving money and allowing liens to be 
 
 [Min. 21.1
 
 462 MINNESOTA. 
 
 rput on building, deemed guilty of obtaining money under false pretenses. 
 Accounts herein must be filed in ninety days and suit must be brought 
 -within four months. Sale ordered by court granting judgment, and made 
 by publication for three weeks and posted in three conspicuous places in 
 county. 
 
 No incumbrance upon land created before or after the making a contract, 
 or performing labor, or material furnished, shall operate upon the building 
 erected or material furnished, until the lien in favor of the person perform- 
 ing the labor or furnishing the material shall have been satisfied. 
 
 At this writing, (June 21, '87) this law has not been judically passed upon, 
 and the bar entertain various views as to its soundness and constitutionality. 
 
 Minors. — Males under the age of twenty-one years, and females under 
 eighteen years, are minors. Minors sue, in justice court by prochien amy, 
 and in district court by guardian ad litem. 
 
 After service and return of process against an infant, the action shall not 
 be further prosecuted until a guardian for defendant is appointed. When 
 minor is under fourteen years of age, service is made on such minor person- 
 ally, and also on father, mother, guardian or person with whom he resides. 
 
 Mortgages on Real Estate. — Mortgages are executed with same formality 
 as deeds of bargain and sale, except in those given to secure purchase money 
 wife need not join. 
 
 Mortgages may be discharged by an entry in the margin of the record 
 thereof, signed by mortgagee, his executor, administrator, or assign, acknowl- 
 edging the satisfaction thereof, or by a certificate of satisfaction, signed by 
 mortgagee, or his legal representatives, executed and acknowledged with 
 same formality as a deed, which shall be recorded. Mortgagee is not entitled 
 to possession until after foreclosure and the expiration of the time of redemp- 
 tion. » 
 
 Foreclosure. — Mortgages may be either foreclosed by action or by adver- 
 tisement imder power of sale, if contained therein. 
 
 Adoertiseme/it. — To entitle a party to make such foreclosure, it is requisite 
 that some default has occurred ; that no action has been instituted, or if so, 
 that it has been discontinued, or that the execution issued has beeii returned 
 unsatisfied, in whole or in part ; that mortgage has been duly recorded, with 
 the assignments if any. Notice of sale must be published for six successive 
 weeks, and a copy of such notice be served in like manner as summons in 
 civil actions in the district court, at least four weeks before sale, on persons 
 in possession, if actually occupied. Proof of such service may be made, cer- 
 tified and recorded in the same manner as proof of publication thereof. 
 
 Notice shall specify the names of mortgagor, mortgagee and assignee, if 
 any ; date of mortgage and when recorded, amount claimed to be due at date 
 of notice, also taxes, if any have been paid ; a description of premises ; and 
 time and place of sale. 
 
 Sale must be made at public vendue, between 9 A. M. and setting of sun, 
 in county where premises are situate. When promises consist of separate 
 and distinct farms or tracts, they shall be sold separately, and uo more than 
 necessary to satisfy debt, interest and costs. Mortgagee may purchase at 
 such sale. 
 
 Certificate of sale, containing descriptions of mortgage and property sold, 
 the price paid for such parcel sold, the date of sale and purchaser, and time 
 for redemption. Acknowledged and j-ecorded after time of redemption expires 
 acts as a conveyance without further act. Redemption made within one 
 year. 
 
 Redemption by Creditors.— li redemption is not made, the senior creditor 
 having a lien on the whole or some part of the real estate, subsequent to 
 mortgage, may redeem within five days after tlie expiration of said year ; 
 and each subsequent creditor, within five days after time allowed all prior 
 lien holders, may redeem by paying the amount aforesaid, and all liens prior 
 to his own; but no creditor can redeem unless he files notice ol his intention 
 to do so within the time allowed for redemption. 
 [Min. 22.] 
 
 A
 
 MINNESOTA. 463 
 
 Notes and Bills of Exchange.— (5^^ Bills of Exchange and Promissory 
 Notes.) 
 
 Oaths and Affidavits.— (•'^ee Affidavits.) 
 
 Partnership. — No statutory provisions other than as relating to limited 
 partnerships, which see. 
 
 Promissory Notes. — {See Bills of E.r change and Promissory Notes.) 
 
 Practice. — Our court of practice, under a code, similar iu most of its pro- 
 visions to New York code of 1849. 
 
 Proof of Claims. — Non-residents, sending claims for collection, should 
 give lull names of creditors, and their residence, full names of debtors so far 
 as known, and their place of business, an itemized statement of accounts, 
 when and where same was contracted, which, if suit is directed, or if against 
 ■estate of deceased person, or to be filed in insolvency, should be verified by 
 oath, to the ett'ect that the deponent believes the same to be tnie and justly 
 due above all legal set-ofts. 
 
 Recording. — The record of any instrument, properly executed, shall be 
 taken and deemed notice to parties. Instruments hnproperly executed, not 
 entitled to record. Instruments not recorded are good as between parties, 
 but the conveyance will not aff'ect subsequent purchasers in good faith, and 
 subsequent creditors without actual notice. 
 
 Redemption. — Shall be made within one year from date of sale. Real es- 
 tate sold upon execution, judgment or decree,, may be redeemed by debtor, 
 or his creditors, in same manner as from mortgage sale. (See under Mort- 
 gages of Meal Estate. ) 
 
 Replevin. — Plaintiff may, at time of commencing action for the recovery 
 of possession of personal property, or at any time before answer, claim de- 
 livery of such property, when it appears by affidavit, made by himself or 
 some one iuhis behalf, that plaintiff is the owner of property claimed, de- 
 scribing it, or is lawfully entitled to possession thereof, by virtue of some 
 special property therein, which shall be set forth ; that the property is wrong- 
 fully detained by defendant, and that it has not laeen taken for a tax, assess- 
 ment or fine, pursuant to statute, or seized under attachment or execution 
 against property of plaintitt", or, if so seized, that it is exempt, and the value 
 of the property. 
 
 Plaintiff or his attorney may thereupon, by indorsement on the affidavit, 
 require the sheriff to take the property claimed, and deliver it to plaintiff. 
 Upon receipt of affidavit, and a bond with one or more sureties executed to 
 defendant by the plaintiff, or some one in his behalf, in amount double the 
 value of the ])roperty, and conditioned for a return thereof, if so adjudged, 
 and for the payment of such sum as may be recorded against plaintifl", the 
 sheriff shall take the property and deliver the same to plaintiff. 
 
 Defendant may regain possession of property by giving a similar bond to 
 plaintiff, executed by himself or some one in his behalf, with sufficient sure- 
 ties. Sureties in said bonds must be residents and freeholders of the state, 
 and worth the amount named in same, over and above debts and liabilities 
 and exclusive of property exempt from execution. 
 
 In justices' court, justice issues writ, but defendant cannot regain posses- 
 sion by re-bonding. 
 
 Revenue. — Derived by taxation. (See Ttt.res.) 
 
 Revision. — Last was made in 1878, and is styled "General Statutes, 1878." 
 
 Revivor. — Part payment or new promise in writing. 
 
 [Mill. 2;i.i
 
 464 MCNNESOTA. 
 
 Seal. — A scroll or device, used as a seal upon any deed or conveyance or 
 other instrument vrhatever, whether intended to be recorded or not, shall 
 have the same force and elfect as a seal attached thereto or impressed there- 
 on. This does not apply to official seals. 
 
 Security for Costs and other Undertakings. — In all cases where the 
 summons has not been served personally, the plaintiff, before judi^ment i» 
 entered, must file, or cause to be filed, satisfactory security (bond or under- 
 taking) to abide the order of the court touching the restitution of any 
 money or property collected or received under or by virtue of the judgment, 
 in case of defendant or his representatives shall thereafter apply and be ad- 
 mitted to defend the action and shall succeed in the defense. 
 
 This does not ax^ply to actions involving title, or brought to quiet title to 
 real estate. {See Costs.) 
 
 Stay of Execution. — (See Execution.') 
 
 Suits. — (See Actions.) 
 
 Supplimentary Proceedings. — When an exeoution against property of 
 judgment debtor, issued in county where such debtor resides, or if a non- 
 resident, to sherilf of county where judgment roll or transcript is filed, is 
 returned unsatisfied, in whole or in part, the judgment creditor is entitled to 
 an order from the court, requiring judgment debtor to appear and answer 
 concerning his property, before said judge, or a referee appointed by him, 
 at a time and place set out in the order. Witnesses may be required to 
 appear and testify in same manner as upon the trial of an issue. 
 
 The coui't may order the property of the judgment debtor, not exempt, in 
 whosoever hands it may be, to be applied in payment of judgment, and may 
 appoint a receiver for same, and may forbid any transfer or disposition 
 thereof or interference therewith by judgment debtor. 
 
 Disobeying these orders is contempt. Persons having property of judg- 
 ment debtor, or indebted to him in any amount exceeding ten dollars, may 
 in like manner be compelled to appear and answer concerning the same. 
 
 Taxes. — All real estate, in this state, and all personal property of resi- 
 dents exceeding one hundred dollars, is taxable. 
 
 The lien of the state for taxes on real estate attaches on the first Monday 
 in .January of each year, and upon personal property when tax books are re- 
 ceived by treasurer. 
 
 Taxes on real estate become delinquent June 1st, when a penalty of ten 
 per cent, is added ; if they remain unpaid after -January 1st of the following 
 year, an additional penalty of five per cent, is added ;,and if still unpaid the 
 first Monday of May following will be sold for taxes, penalties and costs. 
 
 Two years from the date of the sale are allowed the owner in which to 
 redeem the property upon payment of tax and cost, and interest at twelve 
 per cent, per annum If not redeemed in that time title of purchaser 
 becomes absolute. 
 
 Personal property is assessed annually with reference to its value on May 
 1st, when ten per cent, is added, after which, if not paid on demand, treas- 
 urer shall distrain f(n- same and sell at ten days notice. After June 1st any 
 person whose personal taxes are delinquent may be cited into court and a 
 judgment rendered against him for such unpaid taxes, upon which execu- 
 tion shall issue, but no property shall be exempt from seizure thereon. 
 
 Trust Deeds. — Are rarely used except by railroads and other corporations 
 in the state, and are usually construed as a mortgage. 
 
 Usury. — (See Interest and Usury.) 
 
 Wages. — (See Exemptions.) 
 
 [Min. 24.]
 
 MINNESOTA. 466 
 
 Wills. — May be made by every person of full age and sound mind, includ- 
 ing married "women ; must be executed by testator, signed by him or some 
 person for him, in his presence and by his express direction, and attested in 
 his presence by two competent disinterested witnesses. Every devise con- 
 veys full estate, unless it alppears otherwise by the will. After acquired 
 lands pass by will, if such appears to be the intention. 
 
 Noncupative wills can only be made by soldiers in active service or mari- 
 ners at sea. 
 
 Widow may elect to stand by will or take her statutory right. There is 
 no prescribed form for opening or closing of wiUs or declaration of attest- 
 ing witnesses. 
 
 Witnesses. — {See Evidence.') 
 
 IMln. 25.]
 
 466 
 
 MINNESOTA. 
 
 ATTORNEYS IN MINNESOTA. 
 
 Bold Face Type denotes county seats. A dash (— ) less than 100 population. 
 Figures after names, when admitted to the Bar. A star (*) Notaries Public. 
 A double dagger (J) our Compiler of Laws. 
 A dagger (tj former recommendation withdrawn. 
 
 PLACE. 
 
 COUNTY. 
 
 Ada 
 
 Norman 
 
 Aitkin 
 
 Aitkin 
 
 Albert Lea 
 
 Freeborn 
 
 Alexandria 
 
 Douglass 
 
 Anoka 
 
 Anoka 
 
 Austin 
 
 Mower 
 
 Beaver Falls 
 
 Renville 
 
 Benson 
 
 Swift 
 
 Beaver Bay 
 
 Lake 
 
 Blue Earth City 
 
 Faribault 
 
 Brainerd 
 
 Crown Wing 
 
 Breckenridge 
 
 Wilkin 
 
 Brown's Valley 
 
 Traverse 
 
 Buffalo 
 
 Wright 
 
 Caledonia 
 
 Houston 
 
 Cambridge 
 
 Isanti 
 
 Cannon River Falls 
 
 ; Goodhue 
 
 Centre City 
 
 Chisago 
 
 Cbaska 
 
 Carver 
 
 Chatfiekl 
 
 Fillmore 
 
 Crookston 
 
 Polk 
 
 Currie 
 
 Murray- 
 
 Detroit City 
 
 Becker 
 
 Duluth 
 
 St. Louis 
 
 Elk River 
 
 Sherburne 
 
 Elbow Lake 
 
 Grant 
 
 Fairmount 
 
 Martin 
 
 Faribault 
 
 Rice 
 
 Farminj^ton 
 
 Dakota 
 
 Fergus Falls 
 
 Otter Tail 
 
 Glencoe 
 
 McLord 
 
 Glenwood 
 
 Pope 
 
 Granite Falls 
 
 Yellow Medicine 
 
 Hallock 
 
 Kittson 
 
 Hastings 
 
 Dakota 
 
 Henderson 
 
 Sibley 
 
 Jackson 
 
 Jackson 
 
 Janesville 
 
 Waseca 
 
 Jordan 
 
 Scott 
 
 Kasson 
 
 Dodge 
 
 Lac Qui Parle 
 
 I;ac Qui Parle 
 
 lake Benton 
 
 Lincoln 
 
 NAMES OP ATTORNEYS. POPULA'N 
 
 H. H. Phelps. 
 
 
 
 A. Y. Merrill. 
 
 703 
 
 Lovely, Morgan & Morgan. 
 
 4,000 
 
 Nelson, Treat & Gunderson. 
 
 1,834 
 
 Lord & Wyman. 
 
 4,629 
 
 D. B. JOHNSON, JR., '59. 
 
 2,505 
 
 S. R. Miller. 
 
 611 
 
 S. H. Hudson. 
 
 1,000 
 
 (See Duluth.) 
 
 250 
 
 D. F. Goodrich. 
 
 1,112 
 
 W. A. FLEMING, '78. 
 
 7,110 
 
 C. F. FALLEY, '36. 
 
 650 
 
 A. S. Crossfield. 
 
 269 
 
 A. Y. Eaton. 
 
 500 
 
 W. II. Harries. 
 
 1,200 
 
 H. F. Barker. 
 
 700 
 
 Chas. V. Parks. 
 
 1,300 
 
 O. Roos. 
 
 135 
 
 Odell & Seidl. 
 
 2,000 
 
 J. R. Jones. 
 
 1,200 
 
 Wm. Watts. 
 
 4,500 
 
 H. C. Grass. 
 
 300 
 
 JEFF H. IRISH. 
 
 654 
 
 L. H. Zastroud, '82. 
 
 17.418 
 
 Chas. S. Wheaton. 
 
 1,200 
 
 Geo. Ketcham. 
 
 367 
 
 W. L. LAMB. 
 
 — 
 
 Mott & Gipson. 
 
 6,459 
 
 R. Judson. 
 
 1.000 
 
 R. H. MARDEN, '67. 
 
 4,284 
 
 R. P. Fitch. 
 
 1,700 
 
 C. T. Reeves. 
 
 485 
 
 F. W. Pearsall. 
 
 1,200 
 
 W. II. AUev. 
 
 329 
 
 W. DeW. PRINGLE. 
 
 3,984 
 
 Kipp & Preble. 
 
 i;40() 
 
 T. J. Knox. 
 
 700 
 
 L. Rogers. 
 
 1,054 
 
 M. Shields. 
 
 1,200 
 
 Robert Tavlor. 
 
 1,000 
 
 K. O. G.Td.^s. 
 
 515 
 
 E. E. Sterling. 
 
 391
 
 MINNESOTA. 
 
 467 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. 
 
 popula'n. 
 
 Lake City 
 
 Wabasha 
 
 A. Wells. 
 
 
 3,000 
 
 Lanesboro 
 
 Fillmote 
 
 B. A. Man. 
 
 
 1,101 
 
 Le Sueur Centre 
 
 Le Sueur 
 
 Thomas Hessian. 
 
 
 1,774 
 
 Litchfield 
 
 Sleeker 
 
 J. M. Russell. 
 
 
 1,000 
 
 Long Prairie 
 
 Todd 
 
 Wni. E. Lee. 
 
 
 53G 
 
 Little Falls 
 
 ]\Ioinsoii 
 
 N. Richardson. 
 
 
 1,225 
 
 Luverne 
 
 Itock 
 
 E. n. Canfield. 
 
 
 1,34G 
 
 Mankato 
 
 JMue Barth 
 
 Willard & Hughes. 
 
 
 10.000 
 
 Marshall 
 
 Lyou 
 
 Forkes & Davidson. 
 
 
 9,54 
 
 Minneapolis. 
 
 llENNEriN 
 
 County. Population, 
 
 129,200 
 
 
 COOK, FRED. C, 664 and 665 Bank of Minneapolis Building. 
 Jordan, Penney & Hammond, 43 Washington Ave. 
 
 Jordan, Arthur N. 
 
 Penney, Robt. L. 
 
 Hammond, Thos. W. • 
 
 THO]\[PSON, GAYLORD W.. 36-7-8 Stillman Block, 
 f Elliott & Hopkins, 400 Lumber Exchange. 
 \ Lamb, C. L., 555 Temple Court. 
 
 Montevideo 
 
 Chippewa 
 
 Moorhead 
 
 Clay. 
 
 Morris 
 
 Stevens 
 
 New Ulm 
 
 Brow 
 
 Northfield 
 
 Rice 
 
 Ortonville 
 
 Big Stone 
 
 Owatonna 
 
 Steele 
 
 Pipe Stone 
 
 Pipe Stone 
 
 Preston 
 
 Fillmore 
 
 Princeton 
 
 Mille Lacs 
 
 Red Wing 
 
 Goodhue 
 
 Redwood Falls 
 
 Redwood 
 
 Rochester 
 
 Olmstead 
 
 Rushford 
 
 Fillmore 
 
 St. Charles 
 
 Winona 
 
 St. Cloud 
 
 Steams 
 
 St. James 
 
 Watonwan 
 
 Budd & Moyer. 
 
 1.500 
 
 TAYLOR & GREENE. 
 
 2,537 
 
 STEVENS CO., '84, A. and 
 
 
 R. E. Agency. 
 
 1,230 
 
 J. Newhart. 
 
 3.335 
 
 W. S. Pattee. 
 
 3,000 
 
 J. J. Whittemore, '82. 
 
 1,000 
 
 f T. M. Grant. 
 
 
 C. W. Hadley. 
 
 3,280 
 
 F. L. Jones. 
 
 1,109 
 
 H. R. Wells. 
 
 1,000 
 
 J. L. Brady. 
 
 1,000 
 
 Hoyt & Michael. 
 
 8,000 
 
 Baldwin & Ward. 
 
 1,500 
 
 HENRY C. BUTLER. 
 
 5.313 
 
 Colburn & Son. 
 
 1,200 
 
 E. Hill. 
 
 1,183 
 
 PETER BRICK, '68. 
 
 4,360 
 
 J. W. Seager. 
 
 1,000 
 
 St. Paul. 
 
 Ramsay County. 
 
 Population, 111,397. 
 
 X Chipman,* Frank E., coi-. 4th and Roberts Sts. 
 
 See Card in Appendix, page xii. 
 
 FALARDEAU, P. G., '82, 64 Court Block. 
 
 \ MaCarty i& McCook, German American Building. 
 
 St. Peters 
 
 Nicollet 
 
 A. A. Stone. 
 
 4,036 
 
 Sauke Centre 
 
 Stearns 
 
 Barto & Barto. 
 
 1,579 
 
 Sauk Rapids 
 
 Benton 
 
 J. A. Senn. 
 
 1,424 
 
 Shakopee 
 
 Scott 
 
 Henry Hind. 
 
 1.833 
 
 Sleei:>y Eye 
 
 Brown 
 
 G. W. Sommerville. 
 
 1,373 
 
 Spring Valley 
 
 Fillmore 
 
 A. R. llolmon. 
 
 1,368 
 
 Stillwater 
 
 Washington 
 
 H. R. Murdock. 
 
 16,437 
 
 Thompson 
 
 Carlton 
 
 H. H. Hawkin.s. 
 
 529 
 
 Taylor's Falls 
 
 Chisago 
 
 D. M. Woodhurv. 
 
 1,107
 
 468 
 
 MINNESOTA. 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. 
 
 popula'n 
 
 Wabasha 
 
 Wabasha 
 
 J. H. Mullen. 
 
 3,000 
 
 Wadena 
 
 Wadena 
 
 A. G. Broker. 
 
 1,300 
 
 Warren 
 
 Marshall 
 
 A. Grinderland. 
 
 50^ 
 
 Waseca 
 
 Waseca 
 
 B. S. Lewis. 
 
 2,513 
 
 Wells 
 
 Faribault 
 
 I. P. West. 
 
 1,500 
 
 Willmar 
 
 Kandiyohe 
 
 B. F. Jennis. 
 
 1,321 
 
 Windorn 
 
 Cottonwood 
 
 Hon. A. D. Perkins. 
 
 1,641 
 
 Winnebago City 
 
 Faribault 
 
 A. C. Dunn. 
 
 1,500 
 
 Winona 
 
 Winona 
 
 Wilson & Bowers. 
 
 15,624 
 
 Worthington 
 
 Nobles 
 
 Daniel Rohrer. 
 
 1,800 
 
 BANKS IN MINNESOTA. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital of one 
 bank in each county of this state in which such a banking institution is located. 
 
 
 
 
 PAID UP- 
 
 PLACE. 
 
 NAME OF BANK. 
 
 CASHIER. 
 
 CAPITAIi., 
 
 Ada 
 
 Bank of Ada 
 
 W. H. Matthews. 
 
 $ 25.000 
 
 Albert Lea 
 
 H D Brown & Co 
 
 
 65,000 
 
 Alexandria 
 
 First National Bank 
 
 G. B. Ward. 
 
 60,000 
 
 Anoka 
 
 Anoka National Bank 
 
 C. S. Guderian. 
 
 100,000 
 
 Austin 
 
 First National Bank 
 
 N. F. Banfield. 
 
 50,000 
 
 Benson 
 
 Bank of Benson 
 
 Frank M. Thornton. 
 
 25,000 
 
 Brainerd 
 
 First National Bank 
 
 A. F. Ferris. 
 
 50.000 
 
 Breckenridge 
 
 Wilkin County Bank 
 
 Kenaston, Nelson & Co. 20,000 
 
 Chaska 
 
 Carver County Bank 
 
 0. W. Lundsten. 
 
 40,000 
 
 Crookston 
 
 First National Bank 
 
 Chas. E. Sawyer. 
 
 100,000 
 
 Detroit 
 
 (( .( (( 
 
 0. D. Brown. 
 
 50,000 
 
 Duliith 
 
 American Exchange Bank 
 
 A. R. Macfarlane. 
 
 200,000 
 
 Elk River 
 
 Bank of Elk River 
 
 Henry Castle. 
 
 10,000 
 
 Fairmount 
 
 Martin County Bank 
 
 Chas. Piatt. 
 
 25,000 
 
 Faribault 
 
 Citizens' National Bank 
 
 W. S. Morse. 
 
 80,000 
 
 Fergus Falls 
 
 First National Bank 
 
 E. A. Jewett. 
 
 100,000 
 
 Glencoe 
 
 t( (( u 
 
 M. Thoeny. 
 
 50,000 
 
 Glenwood 
 
 Bank of Glenwood 
 
 P. Peterson. 
 
 15,000 
 
 Granite Falls 
 
 Yellow Medicine Co Bank 
 
 
 20,000 
 
 Hastings 
 
 First National Bank 
 
 L. S. Follett. 
 
 100,000 
 
 Henderson 
 
 Sibley County Bank 
 
 Ernest L. Welch. 
 
 50,000 
 
 Litchfield 
 
 Meeker County Bank 
 
 E. B. Benson. 
 
 25.000 
 
 Long Prairie 
 
 Bank of Long Prairie 
 
 Wm. E. Lee. 
 
 10,000 
 
 Lu Verne 
 
 First National Bank 
 
 W. n. Hurlbutt. 
 
 50,000 
 
 Mankato 
 
 " " " 
 
 Geo. H. Clarke. 
 
 75,000 
 
 Marshall 
 
 Lyon County Bank 
 
 S. D. How. 
 
 25,000 
 
 Minneapolis 
 
 First National Bank 
 
 Henry G. Sidle. 
 
 1,000,000 
 
 Montevideo 
 
 Citizens' Bank 
 
 M. E. Titus. 
 
 40,000 
 
 Moorhcad 
 
 Merchants' Bank 
 
 Thos. C. Kurtz. 
 
 ino.ooo 
 
 Morriss 
 
 First National Bank 
 
 Henry S. Judson. 
 
 50,000 
 
 New Ulm 
 
 Citizens' Bank 
 
 John C. Randolph. 
 
 25,000 
 
 Ortonville 
 
 Orton's Bank 
 
 A. J. Parker. 
 
 30,000 
 
 Owatonna 
 
 Fanners' National Bank 
 
 A. C. Gutterson. 
 
 75,000
 
 MINNESOTA. 
 
 469 
 
 
 
 
 PAID Ul' 
 
 PLACE, 
 
 NAME OF BANK. 
 
 CASHIER. 
 
 CAPITAL. 
 
 Pipestone 
 
 Pipe.stone County Bank 
 
 A. H. Merwin. 
 
 .50,000 
 
 Red Wing 
 
 First National Bank 
 
 -Jesse Mclntire. 
 
 100,000 
 
 Kochester 
 
 U li i. 
 
 Walter Hurlbut. 
 
 100,00(1 
 
 Sauk Rapids 
 
 Benton County Bank 
 
 H. Berg. 
 
 10,000 
 
 Shakopee 
 
 First National Bank 
 
 D. L. How. 
 
 150,000 
 
 St. Cloud 
 
 (( (( (1 
 
 J. G. Smith. 
 
 50,000 
 
 Stillwater 
 
 i( (( u 
 
 F. M. Prince. 
 
 250,000 
 
 St. James 
 
 Bank of St. James 
 
 M. K. Armstrong. 
 
 12,000 
 
 St. Paul 
 
 Nat German-American Bk 
 
 Joseph Lockey. 
 
 2,000,000 
 
 St. Peter 
 
 First National Bank 
 
 Fred'k A. Donahower 
 
 . 50,000 
 
 Wabasha 
 
 a ii <; 
 
 L. W. Whitmore. 
 
 50.000 
 
 AVaseca 
 
 People's Bank 
 
 G. R. Buckman. 
 
 40,000 
 
 Willmar 
 
 Kandiyohi County Bank 
 
 L. 0. Thorpe. 
 
 50,000 
 
 Windom 
 
 Bank of Windom 
 
 J. N. McGregor. 
 
 40,000 
 
 Winona 
 
 Second National Bank 
 
 William H. Garlock. 
 
 200.000 
 
 Worthington 
 
 Bank of Worthington 
 
 George 0. Moore. 
 
 100,000
 
 STATE OF 
 
 ]V[ISSISSIPPI. 
 
 SUMMARY OP 
 
 COLIvKCTION LaW3. 
 
 Court Calendar, Instrttctions for taking Depositions, Legal Forms, Etct, 
 Expressly Prepareb and Revised to Nov. 1st, 1887, for " Showers' 
 * Legal Directory and Merchants' Gttide." for 1888, by 
 
 Shelton & Crutcheb, of the Vicksburg Bar. 
 
 Acknowledgments. — Every conveyance, contract, or agreement necessary 
 to be recorded in this state, may be acknowledged or proved before any of 
 the following ofiicers, to-wit : Any judge of the supreme court, judge of a 
 circuit court, chancellor, any clerk of a court of record, any justice of the 
 peace, notary public, or member of the county board of supervisors, whether 
 the lands conveyed be within his county or not. 
 
 The acknowledgment of a deed shall be in the form or to the effect follow- 
 ing to wit : 
 
 State op Mississippi, ) 
 County of . S ' 
 
 Personally appeared before me a judge of the supreme court [or a 
 
 judge of the circuit court, chancellor, clerk of the covirt for the county 
 
 of justice of the peace, notary public or members of the board of super- 
 visors for the county of as the case may be] the within named A. B.who 
 
 acknowledged that he signed and delivered the foregoing instrument on the 
 day and year therein mentioned. 
 
 Given under my hand (and seal of office, if a clerk of a court) this 
 
 day of 188 — . Acknowledgments out of this state, if the party who 
 
 shall execute any conveyance for land, etc., lying in this state, or if the wit- 
 nesses thereto be not in this state but in some other state or territory of the 
 Union, then the acknowledgment or proof may be made before and certified 
 by any justice of the supreme court of the United States, district judge of 
 United States or any judge or justice of the supreme or superior courts of 
 any state or territory of the union, any justice of the peace, whose official 
 character shall be certified under seal of some court of recoi'd in his county 
 or before any commissioner for this state residing in such state or territory. 
 The form must be the same as used in this state. 
 
 Acknowledgment in foreign country, may be made before any court of 
 record, or the mayor or chief magistrate of any city or borough, or before 
 any ambassador, foreign minister, secretary of legation, or consul of the 
 United States to the kingdom or country where the acknowledgment is 
 taken. Acknowledgment must be certified to and certificate must show 
 identity of i>arty making acknowledgment and that he acknowledged execu- 
 tion of the instrument. 
 
 [Mlss.l.]
 
 MISSISSIPPI. 471 
 
 Actions. — Actions must bo commenced in the proper com-t of the county 
 in which the defendant resides, except suits in ejectment and actions for 
 trespass on land, which niust he brought in the county in which the land is 
 situated, and suits of replevin which may be brought in the county where 
 the property is found. 
 
 The commencement of the action is the date of the filing the declaration 
 in the proper court. 
 
 Actions against railroad, express, steamboat or telegraph companies or 
 against individuals managing, owning or controlling same may be brought 
 in any county in the state in which any part of such railroad, express, steam- 
 boat or telegraph line may be, for any cause arising from such business. 
 The old comm<m law fonns are almost universally used in the state, though 
 the code provides that the decilaration may set out in clear and concise form 
 the ground of action, without regard to fonn. 
 
 If a judge of a court be a party in interest the action must be instituted 
 in an adjacent district. If against a foreign corporation the action may be 
 commenced in any county in the state where service of process may be had 
 on any agent. 
 
 Administration of Estates of Decedents.— The granting of letters of ad- 
 ministration, or testamentary, and the hearing and determining of the 
 administration, pertains to the chancery court of the county in which the 
 decedent had a known place of residence or mansion-house, at the time of 
 his decease, but if he had neither, then to the chancery court of the county 
 in which he died. The court will grant letters to the next of kin, who will 
 apply, ijrcferriug first husband or wife, and then such others as may be next 
 entitled to distribution, preferring the one in the opinion of the coart best cal- 
 culated to manage the estate. If no such person apply in thirty days after 
 death of party, the court may grant administration to a creditor who may 
 apply, or to any other person. Letters will not be granted to any one v;nder 
 twenty-one years of age, of unsound mind, or who has been convicted of any 
 crime, rendering sixch person infamous. Before any letters are granted, bond 
 in double the amount of the personalty left by decedent, must be given. The 
 administrator must take and subscribe an oath, to well and truly administer 
 the goods and chattels of decedents. 
 
 Appraisers are appointed by the coiirt to appraise all iici"sonal property. 
 The inventory and appraisement must be returned by the administrator 
 within three months from time letters are granted. In each county there is 
 a county administrator appointed by the chancellor, to whom letters are 
 granted when no one has applied for letters within six months after the death 
 of decedent. The same remedies are given by law against county adminis- 
 trators as against other administrators. It is the duty of the administrator 
 immediately upon his appointment, to give notice by publication, and notify 
 all persons having claims against theestiite of the decedent, to come forward 
 and prove and register same. Administrators ai'e required to make settle- 
 ments of accounts once every twelve months, with the chancery court. Per- 
 sons having claims against estates of decedents nuist i)rove same, and have 
 them registered in th.e office of tiie clerk of the ciiancery court, and allowed 
 by the clerk within one year after first notice given by administrator, other- 
 wise they will be barred. 
 
 If the claim is a bond, bill or note, the paper itself must be exhibited with 
 the oath of the creditor that no i)art of the money intended to be secured 
 thereby has been paid, and no security or satisfaction given for same (except 
 the amount credited, if any.) If an o])('U account, the affidavit must state 
 that the amount as stated, is just and true, and that no pn rt of tho money 
 stated to be due has been received, nor any security or satisfaction for the 
 same, (except what is credited, if any.) If a judgment or dticree, there must 
 be a short copy certified by the clerk of the court in which it was rendered, 
 who must also certify that there is no entry or proceeding in said court, to 
 show the judgment has been satisfied, and an affidavit as for other claims 
 IMiss. 2]
 
 «72 MISSISSIPPI. 
 
 also attaclied. If the estate has been declared insolvent by the court, six 
 months' notice must be given creditors, by publcaition, to prove their claims, 
 and unless probated and registered in that time, they will be barred. No 
 suit can be brought against an administrator within six months after his ap- 
 pointment. Administrators are prohibited from removing any of the per- 
 sonal property belonging to the estate of the decedent out of the state. 
 
 All property not exempt by law stands charged with the debts of the de- 
 cedent. 
 
 AfB.davitS. — Affidavits may be made before any judge of a court of record 
 in this state, any clerk of such court, or his deputy, any member of the board 
 of supervisors, any justice of the peace, master or commissioner in chancery 
 or notary i)ublic. The party making affidavit may either make oath or 
 affirmation. Such oath or affinnation may be made by the agent or attorney 
 of a i^arty, and is as effectual as if made by himself. 
 
 Aliens. — Aliens may acquire and hold property real or personal, may dis- 
 pose of it by will or otherwise, or transmit it by descent in the same manner 
 as citizens of the state may do. 
 
 Appeals. — To the Supreme Court. — Writs of error are abolished, and all 
 cases go to the supreme court by appeal. An appeal may be taken to the 
 supreme court from any final judgment of a circuit court, not being a judg- 
 ment by confession, or from a final decree of a chancery court. The appeal 
 must be taken within two years from the date of the judgment or decree ap- 
 pealed from. In all cases, except those of incorporated cities, counties, 
 state, administrators and executors, the one appealing must give bond for 
 cost, and if he wishes to supercede the judgment or decree must give bond 
 in double the amount of the judgment or decree in the lower court. 
 
 Upon overruling a demurrer in the chancery court the party demurring 
 may appeal to the supreme court without being compelled first to answer, 
 but such appeal must be applied for and bond given during the term of 
 court at which the demvirrer was overruled. Appeal may be granted during 
 term time, or hi vacation, from any interlocutory order or decree, by the 
 chancellor. Appeals lie in habeas corpus or from any conviction in the cir- 
 cuit court. Appeals lie also from an order of punishment for contempt, 
 when the contempt is not committed in the presence of the court or so near 
 as to disturb the court or interfere with its business. 
 
 One of several interested may appeal, those not joining in the appeal are 
 not affected by the decision of the supreme court, but if summoned to join 
 in the appeal and refuse they cannot after have the right to appeal. 
 
 The appeal in all cases of final judgments or decrees is by petition to the 
 clerk of the court. 
 
 To the Circuit Court. — Appeals lie to the circuit court from decisions of 
 the board of supervisors and from any judgment of a justice of the peace. 
 Appeals from judgments of a justice of the peace must be taken and bond 
 given in five days after the rendition of the judgment, bond to be double 
 the amount of the judgment or value of the property in dispute, and in no 
 case less than one hundred dollars. 
 
 On appeal from a justice of the peace the case is tried de novo in the cir- 
 cuit court, and where the amount in controversy exceeds the sum of fifty 
 dollars, exclusive of cost, either party may appeal the case from the circuit 
 to the supreme court. 
 
 Where the defendant appeals to the circuit, and the original judgment is 
 affirmed, ten per cent, damages is awarded on amount of judgment in 
 justice court. 
 
 ^jirest. — No arrest for debt or in any civil action. 
 
 [Miss. 3 ]
 
 MISSISSIPPI. 473 
 
 Assignment. — No general assigument laws in the state. A debtor may, 
 in making assignment, prefer any creditor to the exclusion of all others, 
 may give all his etlects to any one creditor in payment of his claim, provided 
 such assigmuent be not fraudulent. Such assignments do not atfect any pre- 
 existinor lien. 
 
 Attachments. — Attachments may issue for the collection of all debts, 
 and claim lor damages growing out of the breach of any contract, and claims 
 founded on any of the penal laws of the state, when the creditor, his agent 
 or attorney shall make and file an affidavit setting forth the amount of his 
 debt, and charging one or more of the following grounds : 
 
 1st. That the defendant is a foreign corporation or a non-resident of this 
 state. 2d. Tliat he has removed or is about to remove himself or his 
 property out of the state. 3d. That he so absconds or ct)nceals himself that 
 he cannot be served with summons. 4th. That he has contracted the debt 
 or inciirred the obligation in conducting the business of a ship, steamboat 
 or other water-craft in some of tiie navigable waters of this state. 5th. 
 That he has property or rights in action which he conceals and unjustly 
 refuses to apply to the pajmient of his debts. 6th. That he has assigned 
 or disposed of, or is about to assign or dispose of his i)roperty or rights in 
 action, or some i)ai't thereof, with intent to defraud his creditors. 7th. That 
 he has converted or is about to convert his pro^jerty into money or evidences 
 of debt with intent to place it beyond the reach of his creditors. 8th. That 
 he fraudulently contracted the debt or incurred the obligation for which 
 suit has been or is about to be brought. 
 
 Attachments may issue for debts not due, if sued out on the 6th, 7th or 
 8th ground or if the creditor, his agent or attorney make affidavit that he 
 has just cause to believe and verily believes that the debtor will remove him- 
 .self or his eifects out of the state before said debt will become i)ayable, witli 
 intent to hinder, delay or defraud his creditors, or that he has so removed with 
 out leaving property in this state. Before the writ shall issue the attaching 
 creditor must give bond with one or more sureties, in double the amount of 
 the debt claimed. Conditioned to pay all such damages as the defendant 
 shall sustain by the wrongful suing out the attachment and cost of suit. 
 
 Non-resident .may attach. The writ may be levied on any property real or 
 personal not exempt by law from attachments and executions, including 
 books of account, choses in action and evidences of debt, wherever found, 
 and may have appended to it a writ of garnishment. 
 
 The defendant may j^lead in abatement to the grounds of attachment as a 
 separate issue, and if successful may recover all such damages as he shall 
 suffer from the wrongful suing out of the attachment, and if the jury shall 
 certify in their verdict that they believe the attachment was sued out reck- 
 lessly or wantonly and without probable cause, or with intent to oppress the 
 defendant, then they shall not be confined to actual damages merely but any 
 damages they may assess for the defendant shall stand, unless the court 
 shall certify in the judgment setting aside such verdict, that in its opinion 
 the same is grossly unconscionable or wholly unwarranted by the facts. 
 
 Any creditor can contest the grovmds of attachment, by intervening and 
 controverting affidavit of attachment, or by showing that the debt on which 
 the attachment writ issued was simulated or fraudulent. Plaintiff may at 
 any time dismiss his attachment, but by so doing he cannot defeat defendant's 
 right to recover damages when the defendant is successful in his plea in 
 abatement to the writ ; the attachment only is abated ; the suit is then pro- 
 ceeded with as though it were an ordinary action. 
 
 It is mandatory upon an officer receiving writs of attachment to levy them 
 in the order in which he received them. 
 
 The plaintiff in an attachment suit may have the damages which defend- 
 ant recovers upon the abatement of the attachment, credited on the judg- 
 ment which he may recover against the defendant. 
 
 IMiBS. 4.]
 
 474 MISSISSIPPI. 
 
 Banks and Banking. — There are no special laws upon the subject of bank- 
 ing, except to prohibit all unlawful banking. That is, doing a banking busi- 
 ness of any kind without first having been granted a charter therefor. Each 
 bank in a city or town of more than six thousand inhabitants, pays a privi- 
 lege tax to the state of one thousand dollars, which is in lieu of all taxes on 
 seventy-five thousand dollars of its assets ; biit this does not exempt any of 
 its real estate from taxation. In smaller places the privilege tax is less. 
 
 Bills of Lading, Warehouse Receipts. — No statute upon the subject gov- 
 erned by common law. 
 
 Chattel Mortgages. — Are executed as other mortgages. It is not necessary 
 to deliver possession of property mortgaged to mortgagee. Substantially 
 the same laws govern as in mortgages of realty. If property is removed 
 from the county in which the mortgage is recorded to another county, the 
 mortgagee may protect himself by having the mortgage recorded in the lat- 
 ter county, within twelve months after the removal. 
 
 Claims against Estates of Decedents. — {See Administration.') 
 
 Conditional Sales of Personal Property.— No statute regulating condi- 
 tional sales of personalty, though the supreme court has decided that where 
 there is a sale with the condition that the title shall remain in the vendor 
 until the purchase money is paid, the vendor may reclaim the property upon 
 condition broken, even in the hands of an innocent purchaser. 
 
 Corporations. — Domestic. — All corporations in this state, except those of 
 cities, towns, express, railroad and telegraph compauies, may be created by 
 preparing a charter with the proper title of the corporation, which must con- 
 tain a clear and definite statement of the purposes for which the corporation 
 is created, the period for which the corporation shall exist, the names of the 
 incorporators, the corporate name, the powers to be exercised, and whatever 
 else may be necessary to be stated. The charter must be published three 
 consecutive weeks in a newspaper published in the county in which the 
 corporation has its domicile. 
 
 The charter must be submitted to the governor for his approval. If the 
 governor api)roves, all the powers therein specified shall be vested in such 
 corporation. The capital stock of such corporation shall be unlimited in 
 amount. They may hold and own realty and personalty to any amount, may 
 sell or in any nianuer encumber same, may bcu'row money and issue mt)rt- 
 gage bonds to secure same, and may sell, exchange, or hypothecate such 
 bonds. 
 
 In actions brought by persons against such corporations, it shall be no de- 
 fence that there was any defect or informality in the organization of the cor- 
 poration. 
 
 Any alterations or amendments may be made by the assent of a majority 
 of the stock, in the same manner that the charter was originally procured. 
 Process against corporations may be served on the president or any other 
 officer, agent or director. Suits against corporations must be commenced in 
 the county where their princii)al place of business may be, except against 
 railroads, express, steamboat, telegraph and insurance companies. Actions 
 against these may be brought in any county in which any part of such rail- 
 road, express route, steamboat way or telegraph line may be. 
 
 Actions against insurance companies may be brought in any county in 
 which a loss may occur, or where the princiiial place of business may be, 
 and in case of foreign companies, in any county where service of process may 
 be had on an agent of such company. Stockholders are liable for the debts 
 of the corporation to the amount of their unpaid stock. The property and 
 franchise may be sold under execution ; tlie franchise so sold may be re- 
 
 [Miss. 5.]
 
 MISSISSIPPI. 475 
 
 deemed at any time in six months by paying to the purchaser the amount 
 paid by him with ten per cent, added. On dissolution of a corporation the 
 assets are vested in the stockholders in proportion to the paid up stock of 
 each. After dissolution they continue bodies corjjorate for three years for 
 the purpose of settling up all business, and may sue and be sued during that 
 tune. 
 
 Foreign Corporations may sue in this state by their corporate name and 
 may be sued or proceeded against by attachment. 
 
 Cost, Security for. — The clerk of any court may refuse to fill any bill 
 or declaraticm where the jjlaintiff is a non-resident of the state, or insolvent, 
 unless security is first given for all cost. 
 
 After suit is commenced, tne plaintiff may be required, on motion of the 
 clerk, or any party interested, to give security for all cost accrued or to ac- 
 crue, affidavit having first been made of the non-residency or insolvency. 
 Sixty days are given in which to give the security, except in cases before jus- 
 tices of the peace, where ten days are given. Money may be deposited in 
 lieu of bond. A party not able to give security may make afl&davit to that 
 effect, when his suit may progress without security. 
 
 Courts. — Terms and Jurisdiction of — The courts of this state consist of 
 the supreme court, which is held in Jackson. Two terms per year. The 
 fall term commencing the third Monday in October of each year. The 
 spring term commencing the first Monday in Ajiril of each year. Appellate 
 only entertains appeals in all controversies whenever the amount in contro- 
 versy exceeds the sum of fifty dollars, exclusive of interest and cost. 
 
 Chancery Court, presided over by a chancellor, two terms of which are 
 held in each county per year. Has exclusive chancery jurisdiction without 
 regard to amoiuit in controversy. 
 
 Circuit Courts, presided over by a judge. Two terms in each county per 
 year, except in Adams and Warren where three are held, lias original jur- 
 isdiction in civil matters oidy where the amount in controversy exceeds the 
 sum of one hundred and fifty dollars, exclusive of interest and cost. Has 
 appellate jurisdiction in matters involving any sum coming from justice of 
 jKjace courts. 
 
 Justice of the Peace Courts. — There are two justices of the i)oace in each 
 district, each of whom hold two courts per mcmth. Has original jurisdic- 
 tion in civil matters in all cases where the amount in controversy does not 
 exceed one hundred and fifty dollars, exclusive of interest. 
 
 Court Calendar. — 
 
 Count!/. Circuit Court. Chancery Court. 
 
 Adams 2d Mon. in May .and Deo. 1st Mon. in Juno and Nov. 
 
 Alcorn 3d Mon. in Jan. and July. 2d Mon. in April and Oct. 
 
 Amite 2d Alon. in March and Sept. ."id Mon. in May and Nov. 
 
 Attala 1st Mon. in March and Oct. 3d Mon. in Feb. and Sept. 
 
 Bolivar iid Mon. after 2d Mon. in March 1st Mon. in May and Nov. 
 
 and Oct. 
 
 Benton .3d Mon. in March and Sept. 1st Mon. in Maj' and Nov. 
 
 Calhoun 1st Mon. in March and Sept. 3d Mon. in Feb. and Aug. 
 
 Carroll 4tli Mon. in March and Oct., 1st Mon. in April and Nov. 
 
 2d Mon. in April and Nov. 2d Mon. in April and Nov. 
 
 Chickasaw. . . . 3d Mon. in !March and Sept., 3d Mon. in IMay and Nov., 
 
 2d Mon. in April and Oct. 4th Mon. in May and Nov. 
 
 Choctaw 1st Mon. in Feb. and Sept. 4th Mon. in April and Oct. 
 
 Clari borne . . . . 9th Mon. after 4tli Mon. in Mar. 4th Mon. in April and Oct. 
 
 and Sept. 
 
 Clarke 3d Mon. Feb. and Augnst. 1st Mon. in May and Nov. 
 
 Coahoma .... 2d Mon. in March and Oct. 3d Mon. in May and Nov. 
 
 [Miss. 6.]
 
 476 
 
 MISSISSIPPI. 
 
 •Copiah 4th Mon. in April and Oct. 
 
 Covington .... 8d Mon. in May and Nov. 
 
 -Clay 3d Mon. in March and Sept. 
 
 Desoto 3d Mon. in March and Sept. 
 
 Franklin .... 4th Mon. in March and Sept. 
 
 Greene 2d Mon. in April and Oct. 
 
 ■Grenada 2d Mon. in Jan. and July. 
 
 Hancock 2d Mon. In May and Nov. 
 
 Harrison .... 4th Mon. in May and Nov. 
 
 Hinds 1st Mon. in Jan., 4th Mon. June, 
 
 1st Mon. Feb. 3d Mon. July. 
 
 Holmes 4th Mon. in April and Nov. 
 
 Issaquena .... 13th Mon. afler 2d Mon. in Mar. 
 
 and Oct. J 
 
 Itawamba .... 2d Mon. in March and Sept. 
 
 Jackson 1st Mon. in June and Dec. 
 
 Jasper 4th Mon, in March and Sept. 
 
 Jeflferson 7th Mon. after 4th Mon in Mar. 
 
 and Sept. 
 
 Jones 4th Mon. in May and Nov. 
 
 Kemper 1st Mon. in Feb. and Aug. 
 
 Lafayette .... 1st Mon. in May and Nov. 
 
 Lincoln 4th Mon. in Jan. and July. 
 
 Lee 3d Mon. in Feb. and Aug. 
 
 Lowndes 2d Mon. in June and Dec. 
 
 Leflore 1st Mon. in July and Jan. 
 
 Lake 1st Mon. in March and Sept. 
 
 Lauderdale . . . 1st Mon. in June and Dec. 
 
 Lawrence .... 4th Mon. in May and Nov. 
 
 Marshall 1st Mon. in April and Oct. 
 
 Montgomery . . 3d Mon. in Feb. and Sept. 
 
 Marion 1st Mon. in May and Sept. 
 
 Madison 4th Mon. in March and Sept. 
 
 Monroe 1st Mon. In May and Nov. 
 
 Newton . . . . • Last Mon in Jan. and July. 
 
 Noxubee 3d Mon. in Feb. and Aug. 
 
 Neshoba 1st Mon. in Feb. and Aug. 
 
 Oktibbeha. . . . 3d Mon. in May and Nov. 
 Panola 4th Mon. after 4th Mon. in Mar. 
 
 and Sept. 
 6th Mon. after 4th Mon. in Mar. 
 
 and Sept. 
 
 Prentiss 1st Mon. in Feb. and Aug. 
 
 Pontotoc 1st Mon. in Feb. and Aug. 
 
 Perry 4th Mon. in April and Oct. 
 
 Pike 2d Mon. in Jan. and July. 
 
 Q,uitman 1st Mon. in March and Oct. 
 
 Rankin 2d Mon. in Feb. and Aug. 
 
 .Sharkey 4th Mon. in April and Nov. 
 
 f5unflower .... 6th Mon. after 2d Mon. in Mar. 
 
 and Oct. 
 
 Scott 2d Mon. in April and Oct. 
 
 Simpson 2d Mon. in May and Nov. 
 
 Smith 4th Mon. in April and Oct. 
 
 Tishomingo ... 2d Mon. in Jan. and July. 
 
 Tippah 1st Mon. in Mar. and Sept. 
 
 Tallahatchee . . 10th Mon. after 4th Mon. in 
 
 March and Sept. 
 Tate 2d Mon. after 4th Mon. in Mar. 
 
 and Sept. 
 Tunica 8th Mon. after 4th Mon. in Mar. 
 
 and Sept. 
 
 Union .Sd Mon. In Feb. and Aug. 
 
 Washington . . . 8th Mon. after 2d Mon. in Mar. 
 
 and Oct. 
 
 "Webster 3d Mon. in .Tan. and Aug. 
 
 AVayne 1st Mon. in April and Oct. 
 
 Warren ..... 1st Mon. in Jan., April and Oct. 
 
 Winston 3d Mon. in .Jan. and July. 
 
 Wilkinson .... 2d Mon. after 4tn Mon. in Mar. 
 
 and Sept. 
 Yalobusha .... 3d Mon. in May and Nov., 
 
 1st Mon. in .Tune and Dec. 
 :Zazoo 4th Mon. in May and Nov. 
 
 1st Mon. in Jan. and .July. 
 2d Mon. in April and Oct. 
 2d Mon. in June and Dec. 
 3d Mon. after 4th Mon. in Mar. 
 
 and Sept. 
 2d Mon. in May and Nov. 
 4th Mon. in March and Sept. 
 1st Mon. in March and Sept. 
 3d Mon. in March and Sept. 
 2d Mon. in March and Sept. 
 2d Mon. in March and Sept., 
 
 1st Mon. in June and Dec. 
 1st Mon. in Feb. and Sept. 
 1st Mon. in April and Oct. 
 
 4th Mon. in April andOct. 
 1st Mon. in March and Sept. 
 3d Mon. in April and Oct. 
 2d Mon. in March and Sept. 
 
 4th Mon. in April and Oct. 
 2d Mon. in May and Nov. 
 2d Mon. in April and Oct. 
 4th Mon. in June and Dec. 
 1st Mon. in May and Nov. 
 3d Mon. in May and Nov. 
 3d Mon. in May, and 4th Mon. 
 
 in Nov 
 4th Mon. in May and Nov. 
 3d Mon. in May and Nov. 
 4th Mon. in March and Sept. 
 4th Mon. in Jan and July. 
 2d Mon. in March and Oct. 
 2d Mon. after 4th Mon. in Mar. 
 
 and Sept. 
 3d Mon. in Jan. and July. 
 1st Mon. in March ar,d Sept. 
 2d Mon. in May and Nov. 
 4th Mon. in April and Oct. 
 3d Mon. in May and Nov. 
 2d Mon. in March and Sept. 
 7th Mon. after 4th Mon. in Mar. 
 
 and Sept. 
 9th Mon. after 4th Mon. in Mar. 
 
 and Sept. 
 1st Mon. in April and Oct. 
 1st Mon. in March and Sept. 
 1st Mon. after 4th Mon. in Mar. 
 
 and Sept. 
 1st Mon. in June and Dec. 
 4th Mon. in May and Nov. 
 2d Mon. in March and Sept. 
 1st Mon. in March, 4th Mon. in 
 
 Sept. 
 1st Mon. in June and Dec. 
 
 1st Mon. in June and Dec. 
 1st Mon. in April and (^ct. 
 1st Mon. in May and Nov. 
 4th Mon. in March and Sept. 
 2d Mon. in May and Nov. 
 3d Mon. in March and Sei:)t. 
 
 5tli Mon. after 4th Mon. in Mar. 
 
 and Sept. 
 1st Mon. after 4th Mon. in Mar. 
 
 and Sept. 
 1st Mon. in May and Nov. 
 2d Mon. in April and Oct. 
 
 3d Mon. in April and Oct. 
 
 4th Mon. after 4th Mon. in Mar. 
 
 and Sept. 
 1st Mon. in May and Dec. 
 2d Mon. in April and Oct. 
 2d Mon. in Jan. and July. 
 
 4th Mon. in March and Sept., 
 1st Mon. in April and Oct. 
 4th Mon. in March and Sept. 
 
 [Miss. 7.]
 
 MI8SIS8IPPI. 477 
 
 Curtesy. — Abolished by code of 1880. The husband takes a child's part 
 in fee. {See Descent and Distribution.) 
 
 Deeds. — Any interest or claim to land may be made to vest immediately, 
 or in future, by writing signed and delivered. A freehold or leasehold for a 
 term of more than one year nnist be in writing, signed and delivered, words 
 of inheritance are not necessary in a deed. Estates in fee tail are prohibited. 
 All such are held to be in fee simple, but a person may make a conveyance 
 or devise of land to a succession of donees then living, not exceeding two, 
 and to the heirs of the body of the remainder one, and in default thereof to 
 the right heirs of the donor in fee simple. 
 
 Grants of rents, reversions, or remainders are good without attornment of 
 the tenants. A married woman can convey real estate as if she were not 
 married, the husband can convey his land without the joinder of his wife. 
 Corporations may convey under their corporate seal and the signature of the 
 proper officer. 
 
 A conveyance of quit claim and release is sufficient to pass all the estate 
 the grantor has in the land conveyed, and will estop the grantor or his heirs 
 from asserting an after acquired adverse title. 
 
 The words grant, bargain and sell operate as an express covenant to the 
 grantee, his heirs, and assigns, that the grantor was seized of an estate free 
 from incumbrances, made or suftered by the grantor, as also for quiet enjoy- 
 ment against the grantor, his heirs and assigns, unless limited by express 
 words contained in the conveyance. 
 
 All conveyances made to two or more persons, or to husband and wife, 
 create an estate in common, and not in joint tenancy, or entirety, unless it 
 appear from the instrument that it Was intended to create an estate in joint 
 tenancy with riglit to the survivor. This does not ajjply to mortgages or 
 conveyances made in trust. 
 
 Conveyances made by commissioners, sheriffs or constables for lands sold 
 by virtue of any decree or judgment of a court in this state, passes all the 
 interest the defendant had in such lands, but does not prejudice the rights 
 of other claimants. 
 
 The rule in Shelly's case is abolished. A conveyance of land to any per- 
 son for life with the remainder to his heirs or heirs of his body, shall be held 
 to create an estate for life in such person, with remainder to his heirs or heirs 
 of his body, who take as purchasers. 
 
 Deeds may be acknowledged before any judge or clerk of a court of 
 record, member of the board of supervisors, justice of the peace or notary 
 public. For form of acknowledgment see acknowledgments. 
 
 Form of Deed in vogue in this State. 
 
 In consideration of the sum of dollars, I convey and warrant to 
 
 John Doe, the land described as (here insert description of land). 
 
 Witness my signature the day of , 18 — . 
 
 (No seal or scroll is necessary.) 
 
 If only a special warranty is intended, prefix the word sijecially to. 
 warrant. 
 
 If deed is made in pursuance of a i>ower, the source of the power should 
 bo referred to in the body of the deed. 
 
 Descent and Distribution. — All personal property situated in this state 
 descends and is distributed according to the laws of this state, notwith- 
 standing the domicil of the deceased niay have been in another state. 
 
 The estate of a decedent who dies intestate descends to his or her children 
 and their descendants in equal i)aits, the descendants of the deceased child, 
 or grandchild to take the part of the deceased parent in equal parts. When 
 there are no children or descendants thereof, then to the brothers and sisters 
 of decedent in equal parts. When no cliildren nor descendants thereof, nor 
 brothers nor sisters, then to the mother and father in e(iual i)arts, or to the 
 sui-vivor. If no children nor descendants thereof, no brothers nor sisters, 
 [Miss. 8.1
 
 478 MISSISSIPPI. 
 
 nor descendants of them, nor surviving parent, then to the next of kin in 
 equal degree, computing by the rules of the civil law. When no heirs pre- 
 sent themselves the property escheats to the state. No representation is 
 allowed among collaterals except with the descendants of the brothers and 
 sisters of the decedent. No distinction is made between kindred of the 
 "whole and half blood, except that kindred of the whole blood are preferred 
 in the same degree. 
 
 The wife, on the death of the husband, and the husband on the death of 
 the wife, in all cases, takes a child's part where there are childi-en or descend- 
 ants. When there are no children nor descendants, the surviving husband 
 or wife takes all, both realty or personalty. All the estate not devised in a 
 1 ast will descends as above. Illegitimates inherit from the mother and her 
 other children, and from her kindred, as above. 
 
 Hotchpotch is recognized. 
 
 Exempt i^roperty on the death of the husband or wife owning it, descends 
 to the survivor of them, and the children of the descendant, as tenants iu 
 common. 
 
 Depositions. — Depositions of witnesses residing in the state, may be taken 
 in civil cases, in the circuit court, when the witness is about to depart from 
 the state, or by reason of age or sickness is unable to attend court. When 
 the claim or defence shall depend on a single witness, or when the witness 
 is a judge of the supreme or circuit court, or a chancellor or officer of the 
 government of the state. When the testimony of a clerk of a court, sher- 
 iff, or justice of the peace, is required beyond the limits of his county, 
 when the witness is a female, or shall reside more than sixty miles from the 
 place of trial. 
 
 Depositions may be taken before a master in chancery, justice of the peace, 
 judge or clerk of a court of record, or a member of the board of supervisors, 
 on ten days' notice to the opposite party, of the time and place of taking. 
 
 Depositions of non-residents are taken as interrogatories, which must be 
 filed with the clerk, and a copy served on the opposite party or his attorney, 
 ten days before the commission is issued. 
 
 Commissions may be directed to one or several commissioners in the alter- 
 native by name, or to a judge of a court, justice of the peace, mayor of a 
 town, commissioner for this state, or other person authorized to administer 
 oaths by the law of the place where the deposition is to be taken. 
 
 No special forms are prescribed by statute, though the following or similar 
 ones are usually used. 
 
 CAPTION. 
 
 State op ) 
 
 County of S 
 
 Be it remembered, that on this day of , 188 — , in pursuance 
 
 of a commission to me directed from the circuit court of county, Mis- 
 sissippi, to take the deposition of , of the county of , and state 
 
 of , a witness for the plaintiff in a certain cause therein pending, 
 
 wherein is plaintiff, and is defendant, or interrogatories and 
 
 cross-interrogatories hereto annexed, I caused the said a person of 
 
 sound mind, to come before me, and said being by me first sworn to 
 
 speak the tnith, the whole truth, and nothing but the truth, in answer to 
 said interrogatories and cross-interrogatories, deposed and said in answer 
 to first interrogatory, etc. 
 
 Certificate to be added. 
 
 I, , specially appointed a commissioner to take the testimony of 
 
 , in the above styled cause, do certify that I caused the said to 
 
 come before me, and he being by me first duly sworn to testify the truth, the 
 whole truth, and nothing but the truth, I did carefully and impartially ex- 
 amine said witness on the interrogatories and cross-interrogatories hereto 
 annexed, and carefully reduced to writing his answers thereto, in the presence 
 
 [Miss. 9.] 
 
 i
 
 MISSISSIPPI. 479 
 
 ■of said witness, and carcrnlly read same to him, that he signed tlie same as 
 Lis deposition, in my presence. That said deposition has in no manner been 
 changed or altered since the same was subscribed by said witness, but the 
 same with the exhibits thereto, wliicii are herewith returned, lias remained 
 in my possession up to the time of sealing and delivering the same. 
 
 In witness whereof, I have hereunto set my hand, this day of 
 
 188—. 
 
 Divorce. — Divorce is granted on one of the following grounds only: — 
 Adultery of either party. If either party bo sentenced to the penitentiary, 
 and not pardfmed before being sent there. Wilful and continued desertion 
 for two years. Habitual drunkenness. Habitual, cruel, and inhuman 
 treatment, accompanied by personal violence. If the husband had another 
 wife, or the wife another husband, at the time of the subsequent marriage. 
 
 If either party was an idiot or insane at the time of marriage, and the party 
 applying did not know it at the time. If it appear that adultery was com- 
 mitted by collusion, no divorce will be granted, nor if both i)arties are guilty 
 t)f adultery, nor if they cohabit after knowledge of the adultery. 
 
 All divorces are a vinculo. 
 
 Dower. — Is abolished. {See Descent and Disfribidion.) 
 
 Evidence. — All parties to or interested in an action may testify therein. 
 
 Any party to a suit may be compelled by the opposite party to appear and 
 give evidence. 
 
 A conviction for perjury or subornation of perjury disqualifies. Husband 
 and wife may testify for or against each other in all civil suits. 
 
 Executors. — (See Administrators. The same laws apply.) 
 
 Executions. — Writs of execution bear date and are issued in the same 
 mamier as original j^rocess, and are made returnable on the first day of the 
 next term of the court from the office of which it was issued. Provided there 
 shall be at least fifteen days between the issuance and return day, and if 
 there shall not be fifteen days between the issuance and the first day of the 
 next term, it shall be made returnable to the first day of the next succeedmg 
 term. Executions may be directed to the sherift' or other proper officer of 
 any county in the state. 
 
 A writ of execution, where there is no judgment lien, binds the property 
 of the defendant only from the time of the levy. Where two executions are 
 l)laced in the hands of an officer, against the same person, where there is no 
 judgment lien, it is his duty to satisfy first that which is delivered to him 
 first. 
 
 It is the duty of clerks of courts to issue executions on all judgments 
 rendered at any term within twenty days after the adjournment of such 
 term. 
 
 Executors and administrators may have execution on judgments due to 
 decedent without sci. fa. to revive, by filing with the clerk of the court in 
 which the judgment was rendered, a certified copy of the letters testamen- 
 tary or of administration, and an affidavit of the death of the judgment 
 creditor. 
 
 The death of one or more of several plaintiffs in a judgment, shall not 
 prevent the issuance of execution in favor of the survivors. Assignee of a 
 judgment, where the plaintift" is dead, may have execution for his use as if 
 the plaintiff were living, and if the ])laintilf be living, the assignee may 
 have execution for his use in the same manner. If officer levies execution or 
 attachment on personal property, and has any doubts that the property be- 
 longs to defendant, he may demand a bond of plaintifl', and if bond is not 
 given, levy may be released. 
 [Miss. 10]
 
 480 MISSISSIPPI. 
 
 Exemptions. — The foUowiug property is exempt from seizure under at- 
 tachment, l.st. The tools of a mechanic necessary for carrying on his trade. 
 2d, Tlie agricultural implements of a fanner necessary for two male laborers, 
 3d. The implements of a laborer, necessary to his usual employment. 4th. 
 The books of a student required for the completion of his education. 5th. 
 The wearing apparel of every jjerson. 6th. The libraries of licensed attor- 
 neys at law, practicing physicians and ministers of the gospel, not exceediutc 
 two hundred and fifty dollars in value ; also the instruments of surgeons and 
 dentists, used in their professions, not exceeding two hundred and fifty dol- 
 lars in value. Tth. The arms and accoutrements of each person of the 
 militia of the state. 8th. All globes, books, and maps, used by the teacher.s 
 of schools, academies and colleges. Also the following property of each 
 head of a family, to wit: Two work horses or mules or one yoke of oxen, 
 two cows and calves, five head of stock hogs and five sheep, one hundred 
 and fifty bushels of corn, ten bushels of wheat or rice, two hundred pounds 
 of pork or bacon, or other meat, one cart or wagon not to exceed one hun- 
 dred dollars in value, and household and kitchen furniture, not to exceed one 
 hundred dollars in value, three hundred bundles of fodder, one sewing ma- 
 chine and all colts under three years old, raised in this state by the debtor, 
 also fifty bushels of cotton seed, forty gallons of soighum or molasses, one 
 thousand stalks of Louisiana cane, and saddle and bridle, and the wages of 
 every laborer or mechanic to the amount of one hundred dollars, shall be 
 exempt from garnishment or other lej^al process. 
 
 Every householder in this state, maie and female, having a family, shall be 
 entitled to hold, exempt from execution or attachment, the lands and build- 
 ings owned and occupied as a residence by such debtor, provided the quantity 
 of land does not exceed one hundred and sixty acres, nor the value thereof, 
 inclusive of improvement, the sum of two thousand dollars. 
 
 In towns and cities, every householder having a family residing in a town, 
 city or village, shall be entitled to hold exemj^t the lands and building owned 
 and occupied as a residence by the debtor, not exceeding in value two thous- 
 sand dollars, and personal property to be selected by him not exceeding in 
 value, two hundred and fifty dollars, or the articles specified under the gen- 
 eral head above. 
 
 No property is exempt when purchase-money thereof forms in whole or 
 in part the debt on which the judgment is founded, or for labor done there- 
 on, or for materials furnished therefor, or when the judgment is for labor 
 performed. The amount of any life insurance policy upon any one's life, not 
 exceeding ten thousand dollars, shall inure to the party named as beneficiary, 
 freed from all liability for the debts of the persons paying the premium 
 thereon. 
 
 The title to exempt property vests in the widow, or husband and children 
 as tenants in common. 
 
 Factors and Commission Merchants. — It is a felony for any cotton fac- 
 tor or commission merchant to fail or refuse to pay over any balance in his 
 hands or due from him for goods or cotton sold on commission. 
 
 False Pretence. — Obtaining goods under false pretence is a felony. This 
 law applies to all false pretence by which the one making the false pretence, 
 or another through that false pretence, has obtained goods or has profited 
 jjecuniarily. 
 
 Fraud, Statute of. — Any special promise of an executor or administrator 
 to pay a debt of a decedent out of his own estate, or the promise to answer 
 for the debt or default of another, an agreement made on consideration of 
 marriage. 
 
 A contract for the sale t)f land or a lease thereof for a longer period than 
 one year, or any agreement not to be performed within a year from the mak- 
 ing must be in writing signed by the party to be charged. 
 
 [:.Iiss. 11.]
 
 :NTISSISSIPPI. 481 
 
 Every <,n-ant of land or chattels, every bond, suit, judgment or execution 
 made or liad by fraud or collusion, v^ith intent to hinder, delaj-, or defraud 
 creditors, are, as against the persons so defrauded, void. A sale of goods for 
 a consideration not deemed valuable in law, unless by will duly proved and 
 recorded or by writing acknowledged or proved, -and when for real estate 
 recorded, are cleenied fraudulent. Possession of personal property for three 
 years without demand, followed by due course of law, bars recovery. One 
 whose debt is contracted after the fraudulent conveyance is not protected. 
 A contract for the sale <jf personal property for fifty dollars, or upwards, 
 unless the buyer receives part or all the property, or pays or secures part or 
 all the inichase money, must be in writing. 
 
 All creations of trust in land, a promise after full age to pay a debt con- 
 tracted in infancj', must be in writing. A conveyance absolute on its face 
 cannot be proved by parole to be a mortgage, only at the instance of any of 
 the pai'ties thereto, unless fraud in its procurement is the issue. If any per- 
 son transact business as a trader, or otherwise, with the addition of the 
 words '"agent," "factor," "and company," or "and Co." and fail to dis- 
 close the name of his principal or partner by a sign in letters easy to be read, 
 placed in a consi>ieuous place at the house of his business, or if any person 
 transact business in his own name, all property, stock, money or choses in 
 action used or acquired in such business, shall, as to the creditors of such 
 person, be liable for his debts, and as to creditors be treated as his property. 
 
 Garnishment. — Garnishment may be had in cases of attachment as inci- 
 dent thereto. In this case attachment bond must be given. In no other 
 case is bond required. Garnishment writs are issued upon judgments or de- 
 crees upon suggestions of judgment creditor that the garnishee is indebted 
 to the judgment debtor. Upon service of the writ the garnishee is required 
 to answer under oath whether he is indebted to the defendant and in what 
 sum and what effects he has, or had, at the date of the service of the writ, 
 belonging to defendant, or if he knows of anyone so indebted or having 
 eifects of defendant. The answer should be made on the third day of the 
 term to wnich garnishee is summoned. All property in hands of the gar- 
 nishee belonging to defendant at the time of the service of the writ is bound 
 by the judgment. 
 
 Plaintiff may contest answer, as may also the defendant, if the garnishee 
 answer he owes nothing. 
 
 Grace. — Not regulated by statute. 
 
 Homestead. — (See Exemptions.) 
 
 Insolvent Laws. — {See Assignment.) 
 
 Interest. — The legal rate of interest in this state is six per cent. Parties 
 may contract for a greater rate not exceeding ten. If an excess over ten per- 
 centum is charged, it forfeits all interest. 
 
 Judgments. — Judgments may be had ac the first term of any court where 
 personal service is had and no i)lea, answer or demurrer is filed, but if only 
 constructive service is had, or a plea, etc., is filed, judgments cannot be had 
 till the second term after service of summon'', except in justice of the peace 
 courts, where all causes are triable at •l;he first term, and cases of quo war- 
 ranto attachment and replevin in the circuit court which are triable at the 
 imparlance term. 
 
 Judgments of any court may be enrolled in any or every county in tlic 
 state, and is a lien on all property of the debtor, in sitch county, from the date 
 of its enrollment by the county, except such property as is exempt by law. 
 It is a lien on such property in the county wherein it was rendered from the 
 day of its rendition. It is the duty of tlie clerk of circuit or chancery court, 
 when the decree is for money, to enroll all judgments in the circuit court 
 [Miss. 12.]
 
 482 MISSISSIPPI. 
 
 clerk's office within twenty days after the adjournment of the term at which 
 they were rendered. A judgment is a lien only for seven years from the 
 date of its rendition, after that time it is a lien only after levy of the execu- 
 tion, and only on such property as is actually levied on. The same is true of 
 judgments not enrolled. A judgment is barred by statute in seven years 
 from the date of its rendition, unless execution has issued in that time ; it 
 may be kept in force indefinitely by issuing execution every seven years. 
 Any person indebted to another in a sum within the jurisdiction of the cir- 
 cuit court on a promise, agreement or covenant, may sign an office agreement 
 or confession of judgment in the clerk's office of said court any time. Judg- 
 ment on which may be rendered at the next term of said court. 
 
 Justice of the Peace.— (i^ee Courts.) 
 
 Landlord and Tenant. — Any lessor of land may have attachment for rent, 
 by making affidavit before any justice of the peace in the county, of the 
 amount due and in arrears for rent or supplies. The officer making the dis- 
 tress, must give notice to the lessee, with the cause of taking, and advertise 
 the property for sale in ten days after such notice. If the tenant does not 
 replevy before the day of sale, the property is sold to satisfy the rent. 
 
 The lessor, in taking ovit his distress, must give bond. 
 
 The landlord may have distress when the rent is not due, by making 
 affidavit that he has just cause to believe that the tenant will remove his 
 goods from the leased premises before the rent will become due, and giving 
 bond. In the same manner the landlord may have distress levied on goods 
 removed within thirty days after rent becomes due, and where the rent is 
 due, may have the goods seized within thirty days after their removal. 
 
 Distress may be made within six months after the termination of the lease. 
 Property distrained cannot be removed from the county, under penalty of 
 double the value, to be paid to aggrieved party. The distress must be rea- 
 sonable. Irregularity does not affect legality of distress, bvit the party be- 
 comes liable in damages, where distress is made when no rent or sum for sup- 
 plies is owing, the party making distress becomes liable to party whose goods 
 are taken for double the value of the goods taken. 
 
 Property on the leased premises not belonging to lessee, are not subject to 
 distress, and may be recovered by replevin. An action may at any time be 
 • brought for rent in arrear without distress. Where there is no contract, the 
 landlord can always recover a reasonable sum, for use and occupation, but 
 cannot distrain. Assignees of the landlord have the same rights as the 
 landlord. 
 
 Notice to quit is not necessary, except where the term does not expire at a 
 fixed time. Where notice is necessary, two months' notice in writing must 
 be given, where the holding is from year to year. One month, where it is by 
 the half year, or quarterly; and one week when it is by the month or week. A 
 tenant holding over after notice to quit, is liable for double rent. When ten- 
 ant deserts premises before his lease has expired, not leaving sufficient goods 
 by which rent can be made by distress, a justice of the peace may put the 
 landlord in possession. After proper notice to quit, or expiration of the term, 
 the landlord may have the tenant summainly ejected, by making affidavit 
 that the rent cannot be made by distress ; unless the tenant pays the rent in 
 three days, he is ejected, otherwise the action of unlawful detainer is the 
 pi"oper proceeding to recover possession. {See LandloriV s Lien for SupiMes.) 
 
 Leases. — All leases for land for more than one year must be in writing. 
 For form of lease in this state, see Forms. 
 
 License, — License is required in this state as precedent to the transaction 
 of almost every known business. The license fee ranges from one thousand 
 dollars levied on banks, to five dollars on small mercantile establishments. 
 This is levied by the state. Any city may levy a license tax not exceeding 
 fifty per cent, of that cliarged by the state, on the same occupation. 
 
 [Miss. 1.3.1 
 
 i
 
 MISSKSIPPI. 483 
 
 Liens. — All the common law liens are recognized in this state. 
 
 By statute, an attorney has a lien on all money and i)apers in his hands, 
 for fees. Executors, administrators, and guardians, selling by order of court, 
 have a statutory lien for purchase-money. Liens have precedence according 
 to priority. 
 
 Landlords have liens for rent, and the fair market value of all supplies fur- 
 nished a tenant for the year, for business carried on on the leased premises, 
 on all products raised thereon during the year. This lien is paramount to all 
 others. Employers have a lien on the share or interest of his employee on 
 any crops made under such employment, for all advances of money, and the 
 fair market value of all supplies for himself or family, or to any one at his 
 request. 
 
 Every laborer, cropper, or part owner, or other person who aids by his 
 labor, to make, gather, or prepare a crop for market, has a lien on the in- 
 terest of the person who employs him, for his wages or share in the crop. 
 These liens are paramount to all, except that of the landlord or lessor ; they 
 exist without any writing, by virtue of the relation of employer and em- 
 ployee. 
 
 Every house or other building or any addition thereto, any fixed machinery 
 or gearing or other fixtures for manufacturing purposes, boat or other water 
 craft, paling or other inclosure, railroad or embankment built within this 
 state is liable for any debt for labor performed, or materials furnished for 
 erection, alteration, or repairs of same. Such debt is a lien on the building 
 and improvement and the lot or curtilege on which it stands. This takes 
 effect as to bona fide purchasers and incumbrances without notice, only after 
 the filing the contract in the office of the chancery clerk of the county where 
 the land is situated, to be recorded or after suit brought to enforce the lien. 
 Where it is done by contract the contractor alone has a lien. 
 
 If the building is erected by one not the owner of the land, the building 
 alone is liable, unless erected by the written consent of the owner of the 
 land. Should the contractor in any instance refuse to pay for material or 
 labor, such persons may give notice in writing to the owner of the building, 
 of the amount due, when the amount due the contractor by the owner be- 
 comes liable in his hands to the claims of the material men and laborers. 
 Suit to enforce lien must be brought within six mouths after the time the 
 debt is dvie. (^See Judgments for Judgment Lien.) 
 
 Limitation of Actions. — All actions for the recovery of land, either at 
 law or in equity, must be brought within ten years from the time of the right 
 of entry unless the party bringing the action shall have labored under the 
 disability of infancy or unsoundness of mind. In that case the action must 
 be brought within ten years after the disability is removed. This is also true 
 of mortgages and deeds of trust where the mortgagee or cestui que trust has 
 come into possession of the land or been in the receipt of the profits thereof 
 after condition broken. The remedy on a mortgage is barred when the debt 
 is barred. 
 
 Actions on open account must be commenced within three years after the 
 same becomes due. 
 
 Suits for any penalty or forfeiture on any penal bond, assault, battery, 
 maiming, false imprisonment, malicious arrest or menace, slander and libel 
 shall be commenced in one year. 
 
 Filing bill of review in the chancery court is limited to two years from 
 date of decree. 
 
 Appeals to the supreme court are limited to two years from date of judg- 
 ment. AVhen an action between two parties is barred in another state or 
 county the same is barred here. 
 
 Actions on bond of administrator or executor are limited to four years 
 from date of qualification as such. 
 
 Liens of mechanics and material men can only be enforced by filing suit 
 "within six mouths from the time the money is due them. 
 
 [Miss. 14]
 
 484 MISSISSIPPI. 
 
 Limited Partnerships. — Persons desirous of forming a limited partner- 
 ship must make and severally sij,ai a certificate containing : — 1st. The name 
 of the firm under which they will do business. 2d. The general nature of 
 the business to be transacted. 3d. The names of all the general partners 
 and limited partners, stating who are general and who special, and their 
 places of residence. 4th. The amount of capital that each special has con- 
 tributed. 5th. The period when the partnership is to commence and when 
 terminate. 
 
 This certificate must be signed and acknowledged, and recorded in the 
 office of the chancery clerk. It must be accompanied by an affidavit of one 
 or more of the general partners, stating that the sum siy?citied in the certifi- 
 cate has actually been paid in in money. The partnership is not complete 
 till all this is done, otherwise all are liable as general partners, except as to 
 each other. After the registry of the certificate and affidavit, the terms of 
 the partnership must be published in some newspaper of the county or the 
 partnership will be a general one. Only the names of the general partners 
 can be used in the firm style. If the name of a special is embraced with his 
 consent he becomes a general partner. The general partners only are 
 authorized to transact the business and sign the firm name. 
 
 No part of the capital of a special can be withdrawn, but he may receive 
 his share of the profits, provided, by so doing, his original capital is not 
 reduced. If that is reduced he must restore enough to make uj) the original 
 amount. Special partners are liable only to the . extent of their capital 
 invested. 
 
 Mechanics' Liens.— (aS'cc Liens.) 
 
 Married "Women. — By an act which went into effect November 1, 1880, 
 married women were completely emancipated. May sue and be sued without 
 joining husband. May sue or be sued by husband, acquire and dispose of 
 estate'' real or personal, without husband's consent. May dispose of her 
 property by last will and testament in all respects as if she were unmarried. 
 
 Dower and curtesy are abolished, and the wife or husband becomes joint 
 heir with the children if any. If no children, then the wife is sole heir at 
 law of husband and mce versa. If the husband receive and appropriate tO' 
 his own use the property of the wife he becomes her debtor, but is not ac- 
 countable after the expiration of one year after the receipt of such income, 
 or if the wife permits the husband to use her estate or income in support of 
 the family he is not chargeable therefor. Husband and wife can not con- 
 tract with each other so that one may claim compensation from the other 
 for work ; such contract is void. No transfer of land or personal property 
 between husband and wife shall be valid as against any third person, unless 
 the transfer be in writing and acknowledged and filed for record as a 
 mortgage. 
 
 Minors. — Minors may sue by next friend in any personal action, may 
 brin"- suit for partition of land in which they have an interest, may redeem 
 land'^sold for taxes in one year after disability removed. If a defendant, 
 process must be served on him personally, and on his father, mother, or 
 guardian, if he has one in the state. 
 
 The court will appoint a guardian ad litem for an infant defendant where 
 it shall consider it necessary. Minors after reaching the age of eighteen 
 years may have the disability of minority removed by petition to the chan- 
 ery court. 
 
 Mortgages and Trust Deeds.— Must be acknowledged and recorded as. 
 deeds are, and are notice IVom the time they are filed for record. The legal 
 title to mortgaged property shall be considered to be in the mortgagor, ex- 
 cept as against the mortgagee and his assigns, or the trustee, after breach of 
 condition of such mortgage or trust deed. 
 
 [Miss. 1.5.]
 
 MISSISSIPPI. 485 
 
 A mortgage given at the time of purchase of real estate, to secure payment 
 of the purchase money, has preference over all judgments and other debts 
 •of mortgagor, only to the extent of the land so i)urchased. A mortgagee or 
 his cestui que trust having received full payment, shall, at the request of 
 grantor, enter satisfaction on the margin of the record of such mortgage or 
 trust deed, and title shall there])y revest in grantor. Payment of money secured 
 by mortgage or trust deed, extinguishes it, and revests the title in the mort- 
 gagor, as effectually as a reconveyance. A mortgage may be given on pro- 
 l)erty to be after acquired, which will be good only between mortgagor and 
 mortgagee. 
 
 The mortgage is barred when the debt secured by it is barred. 
 
 Notes and Bills of Exchange. — Every promise in writing, whereby any 
 person promises to pay, or admits a sum of money to be due, is deemed and 
 treated as a promissory note. 
 
 All promissory notes for the payment of money, or other things, may be 
 assigned. 
 
 In an action on such note, the payor may make all defences to the note in 
 the hands of such assignee, that he could have made or possessed previous 
 to notice of assignment. The assignee or endorser of a note, may maintain 
 action against a prior indorsei", as in case of inland bills of exchange. 
 
 The surety or indorser of a note or bill upon its dishonor, may pay or 
 tender the money to the payee, who, upon such payment, shall transfer the 
 i^ame to him, and he may have a right of action against the prin('i]>ardebtor 
 tliereon. It is not necessary to protest notes in this state. Bills of exchange, 
 however, must be protested. Notaries, justices of the ])eace, mayor of a 
 town or city, or clerk of chancery or circuit court, may protest. 
 
 A bill of exchange drawn upon any person resident in the United States, 
 iind out of this state, and protested for non-acceptance, shall draw damage 
 ut five per cent, on the sura drawn for, and interest on the principal, and on 
 and payable by a ])erson out of the Uniteil States, protested for non-accept- 
 ance or non-payment, the damages shall be ten per cent, on the sum drawn 
 for the principal to draw interest. Domestic bills drawn on and payable in 
 tliis state, for the sum of twenty dollars or more, must be protested for non- 
 acceptance or non-})ayment. When the day on which a bill or note should 
 be presented for jjayment, falls on Sunday, New Year's day. Fourth of July, 
 or Christmas, it must be presented the day befiire. The acceptance of a bill 
 must be in writing, duly subscribed. An unconditional promise in writing, 
 subscribed by the promissor to accept a bill before it is drawn, amounts to an 
 acceptance. All drawers, accejitors, or indorsers of a note or bill, are jointly 
 and severally liable. In bringing an actiini on a note or bill which has been 
 indorsed against any one secondarily liable thereon, all parties residing in 
 the state, who are liable before such indorser must be joined. 
 
 There is no such thing as commercial paper, strictly speaking, in the state. 
 
 Oaths aud Affidavits. — Oaths and affidavits to be used in this state, 
 may be made before any olhccr of a state, competent by the laws of such 
 state to administer oaths. The affidavit may be by affirmation, aud may be 
 .made by the party, his agent or attorney. 
 
 Promissory Notes. (See Notes and Bills of Exchange.) 
 
 Practice. — In tJie Supreme Court. — The supreme court has power to make 
 any rule as to practice therein, not inconsistent with the laws of the state, 
 and enforce the same. 
 
 Circuit and chancery courts have also power to prescribe many rules of 
 practice. 
 
 The system of pleading and practice throughout the state, is that of the 
 common law, very slightly modified. 
 
 One desiring to institute suit on an open account, may go l>efore any one 
 authorized by the laws of this or any other state, to administer oaths, and 
 [Miss. 16.]
 
 48f) MISSISSIPPI. 
 
 make affidavit to the correctness of the account, and that it is due from the 
 party against whom it is charged. This affidavit will entitle him to judgment 
 at the trial term, unless the defendant make a counter-affidavit and file with his. 
 plea, that the account Is not correct, and specifying wherein it is not correct. 
 This does not apply, however, to claims against estates of decedents ; for 
 which see Administration. 
 
 Recording. — All deeds of any interest in land, leases thereof for a longer- 
 time than one year, agreements made in consideration of marriage, marriage 
 settlements, all trust deeds and mortgages, all written contracts in regard to 
 land, must be recorded in the office of chancery clerk, or they are no pro- 
 tection against a purchaser or encumbrancer, without notice. To entitle 
 them to record they must be acknowledged or properly witnessed ; when 
 recorded they are notice to the world from the date of filing for record. 
 
 Redemption. — There is no redemption of land or property sold under 
 mortgage or at judicial sale. The sale is absolute, except for taxes. Land 
 sold for taxes may be redeemed in one year. The franchise of a corpora- 
 tion when sold at judicial sale may be redeemed by the stockholders, or any 
 of them, at any time within six months from date of sale. 
 
 Replevin. — Replevin lies for all goods or chattels wrongfully detained 
 from the owner, unless in custodia legis. The writ is issued upon the affida- 
 vit of the plaintiff, his agent, or attorney, giving a description of the goods 
 and that they are wrongfully detained by the defendant. 
 
 The defendant may give bond and retain possession. If the defendant 
 does not give bond in two days the plaintiff may give bond and take posses- 
 sion. After that time either may give the bond. If neither does this the 
 officer holds possession. The judgment is for the property or its value in 
 the alternative. Where the property is claimed by a third party, he cannot 
 have a writ of replevin, must interplead, file what is termed a claimant's 
 issue, and the rights of all claimants are determined in the suit. 
 
 Revenue. — Public revenue is derived from taxation on all business carried 
 on and all professions practiced, and on all property except the following, 
 which is exempt from taxation, to wit : Cemetei'ies, property of the United 
 States, state or any county or city or town therein, or to any religious society, 
 incorporated educational institution used exclusively for the support of such 
 institution, all produce raised in this state in hands of the producer, wear- 
 ing apparel, family provisions on hand, one gun, poultry, household furni- 
 ture not exceeding two hundred and fifty dollars in value, two cows and 
 calves, ten head of hogs, ten head of sheep or goats, colts foaled m this 
 state under three years old, farming utensils, property of agricultural fair 
 associations, tools of a mechanic, libraries of all persons, and pictures and 
 works of art not kept for sale. A poll tax of one dollar is levied. Personalty 
 is assessed every year. Realty every four years. Taxes are due on or before 
 December 15, each year, and if not paid by that date a penalty of ten per 
 cent, is added. Taxes are a first lien on all property assessed from the first 
 day of February of the year in which it is assessed. 
 
 Revision. — The last revision of the laws of the state was in 1880, since 
 which time there have been few material changes. 
 
 Revivor. — In case either party to a cause in the supreme court dies, pend- 
 ing the cause, suit does not abate, but the legal representative of the de- 
 ceased may come in voluntarily and be made a party, or may be brought in 
 by scire facias. 
 
 In all personal actions in the circuit court it is the same, except in cases of 
 attachment ; when the writ has been levied before death of defendant the 
 suit proceeds as if he were alive. No bill of revivor is necessary in the 
 chancery court. The representatives may come in voluntarily or be brought 
 in by process. 
 
 [Miss. 17.]
 
 MISSISSIPPI. 487 
 
 Seals. — The use of all private seals is dispensed with, except as to cor- 
 porations. All courts have a seal which must usually be affixed to all papers 
 issuing therefrom. 
 
 Stay of Execution. — Our statute does not provide for any general stay 
 of execution ; by agreement of parties judgment may be taken with stay of 
 execution as agreed. In the justice of the peace courts a stay of five days 
 is compulsory in which to take an appeal, unless the plaintiff make oath that 
 he is in danger of losing his debt by delay, when execution may issue imme- 
 diately. 
 
 In the justice of the peace courts the judgment debtor may have a stay of 
 execution for thirty or sixty days, according to the amount of the judgment, 
 by giving bond to pay the judgment. 
 
 In the circuit court, in case of attachment against a non-resident, where 
 judgment is taken by default, the plaintiff must give bond to refund the 
 money if the defendant shall appear within a year and a day and disprove or 
 avoid the judgment recovered against him, otherwise execution will not 
 issue for that time. And also in attachments on debts not due, the judg- 
 ment is taken with a stay of execution to such time as the debt may 
 become due. 
 
 Suits. — {See Actions.) 
 
 Taxes. — {See Revenue.) 
 
 Trust Deeds. — {See Mortgages and Chattel Mortgages.) 
 
 Usury. — {See Interest.) 
 
 Wages. — "Where no agreement is made as to wages, the laborer can recover 
 on a quantum meruit meruit. (For lien for wages see Lien.) 
 
 Wills. — Every person aged twenty-one years, of sound mind, may make a 
 will. The will must be signed by the testator, or by some one in his pres- 
 ence, and by his express directions. If the will is not wholly in the hand- 
 writing of the testator, it must be signed by two witnesses, in his presence 
 and in the presence of each other, and by his direction, if real estate is de- 
 vised, otherwise one witness is sufficient. Wills are probated in the chan- 
 cery court of the county, of the residence of the testator. 
 
 Noncupative wills can not be established, unless made during last sickness, 
 at the habitation of the deceased, where he has resided ten days before his 
 decease, unless such person is taken sick from home, and dies before return, 
 nor where the value bequeathed exceeds the value of one hundred dollars, 
 unless proved by two witnesses, that the testator called on some one present 
 to take notice that such is his will. After six months from speaking the 
 words, no proof can be received unless the words or the substance were re- 
 duced to writing within six days after speaking the same. Soldiers in actual 
 Kervice, and marines at sea, may however, make noncupative wills, as at com- 
 mon law. 
 
 Witnesses.— (See Evidence.) 
 
 [Miss. 18.]
 
 488 
 
 MISSISSIPPI. 
 
 ATTORNEYS IN MISSISSIPPI. 
 
 Bold Face Type denotes county seats. A dash ( — ) less than 100 population. 
 Figures after nanaes wlien admitted to Bar. A star (*) JNotarles Public. 
 A double dagger (|) our Compiler of Ijaws. 
 A dagger (t) former recommendations withdrawn. 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. 
 
 popula'n. 
 
 Aberdeen 
 
 Jlonroe 
 
 Geo. C. Paine. 
 
 8,00(> 
 
 Ashland 
 
 Benton 
 
 W. A. McDonald, '80. 
 
 200 
 
 Augusta 
 
 Perry 
 
 John J. Bradford. 
 
 1,000 
 
 Austin 
 
 Tunica 
 
 T. J. Woorlson. 
 
 300 
 
 Bay St. Louis 
 
 Hancock 
 
 BOWERS (E. J.) & 
 
 
 
 
 :maybin (W 
 
 . H.). 1,978 
 
 Belen 
 
 Quitman 
 
 Chas. Chrisman. 
 
 100 
 
 Biloxi 
 
 Harrison 
 
 {See Bay St. Louis.) 
 
 1.540 
 
 Booneville 
 
 Prentiss 
 
 B. A. P. Selman. 
 
 750 
 
 Brandon 
 
 Rankin 
 
 Wm. Buchanan. 
 
 864 
 
 Brookhaven 
 
 Lincoln 
 
 R. H. THOMPSON, '70. 
 
 1,800 
 
 Canton 
 
 Madison 
 
 G. W. Thomas. 
 
 2,083 
 
 CarroUton 
 
 Carroll 
 
 W. B. Helm. 
 
 400 
 
 Carthage 
 
 Leake 
 
 0. A. Luckett. Jr. 
 
 600 
 
 Charleston 
 
 Tallahatchie 
 
 W. B. J^Iarshall. 
 
 400 
 
 Chester 
 
 Choctaw 
 
 J. W. Barron. 
 
 225 
 
 Coflfeeville 
 
 Yalohisha 
 
 R. H. Goliad av. 
 
 749 
 
 Columbia 
 
 Marion 
 
 T. S. Ford. 
 
 400 
 
 Columbus 
 
 Loundes 
 
 Wm. Baldwin. 
 
 — 
 
 Concordia 
 
 Bolivar 
 
 T. M. HARRIS, '73. 
 
 164 
 
 Corinth 
 
 Alcorn 
 
 Candler & Candler. 
 
 2,275 
 
 Decatur 
 
 Newton 
 
 Thomas Keith. 
 
 200 
 
 De Kalb 
 
 Kemijer 
 
 Evans & Curry. 
 
 BOO 
 
 Enterprise 
 
 Clark 
 
 S. Evans. 
 
 1,035 
 
 Fayette 
 
 Jefferson 
 
 J. S. Hicks. 
 
 400 
 
 Forest 
 
 Scott 
 
 S. H. Kirkland. 
 
 50O 
 
 Friar's Point 
 
 Coahoma 
 
 Winston & Yergei'. 
 
 67f) 
 
 Fulton 
 
 Itawamba 
 
 N. Cayce. 
 
 275 
 
 Greenville 
 
 Washington 
 
 Phelps & Skinner. 
 
 3,000 
 
 Greenwood 
 
 Le Flore 
 
 S. R. Coleman. 
 
 375 
 
 Grenada 
 
 Grenada 
 
 A. H. Whitefield. 
 
 1,914 
 
 Hazlehurst 
 
 Copiah 
 
 ■ H. B. Mayos. 
 
 1,700 
 
 Hernando 
 
 De Soto 
 
 White & Whiterspoon. 
 
 59(5 
 
 Hickory 
 
 Newton 
 
 J. M. GAGE. '83. 
 
 184 
 
 Holly Springs 
 
 Marshall 
 
 C. L. BATES, '77. 
 
 2.370 
 
 Houston 
 
 Chickasaw 
 
 Martin & Boles. 
 
 480 
 
 Indianola 
 
 Sunllower 
 
 J. H. Baker. 
 
 1,500 
 
 Inka 
 
 Tishomingo 
 
 J. B. Reynolds. 
 
 845 
 
 .Ia(;lisoii 
 
 Hinds 
 
 ANSELM H. JAYNE, ' 
 
 86. 5,205 
 
 Kosciusko 
 
 Attala 
 
 James Niles. 
 
 1.30() 
 
 Laurel Hill 
 
 Neshoba 
 
 J. F. Williams. 
 
 — 
 
 A
 
 MISSISSIPPI. 
 
 489 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. POFULA'N. 
 
 Lexington 
 
 Holmes 
 
 Givin & Noel. 
 
 900 
 
 Leakesville 
 
 Greene 
 
 J. Melnnis. 
 
 100 
 
 Liberty 
 
 Amite 
 
 Theo. McKniuht. 
 
 436 
 
 Louisville 
 
 Winston 
 
 Chas. Richardson. 
 
 418 
 
 Macon 
 
 Xoxiibee 
 
 JOHN R. DINSMORE. 
 
 2,074 
 
 Magnolia 
 
 Pike 
 
 S. E. Packwood. 
 
 507 
 
 Mayersville 
 
 Issaquena 
 
 Parish & Scudder. 
 
 400 
 
 Meadville 
 
 Franklin 
 
 G. A. Guice. 
 
 300 
 
 Meridian 
 
 Lauderdale 
 
 Jas. S. Hamm. 
 
 10,000 
 
 ^Mississippi City 
 
 Harrison 
 
 RODERICK SEAL, '43. 
 
 300 
 
 Monticello 
 
 Lawrence 
 
 Lonjrino & Weathersby. 
 
 300 
 
 Natchez 
 
 Adams 
 
 J. S. ilorris. 
 
 7,058 
 
 New Albany 
 
 Union 
 
 J. H. Dalton. 
 
 1,000 
 
 (Jkolona 
 
 Cliickasaw 
 
 T. J. Buchanan, Jr. 
 
 1,857 
 
 Palo Alto 
 
 Clay 
 
 M. V. Sullivan. 
 
 — 
 
 Pass (,'hristian 
 
 Harrison 
 
 (See Bui/ St. Louis.) 
 
 1,410 
 
 Paulding 
 
 Jasper 
 
 13. W. Sharborough. 
 
 339 
 
 Philadelphia 
 
 Neshoba 
 
 Richardson <k Richardson. 
 
 101 
 
 Pittsborough 
 
 Calhoun 
 
 THEO. P. GIBBS. 
 
 300 
 
 Pontotoc 
 
 Pontotoc 
 
 Fontaine & Mitcliell. 
 
 000 
 
 Port Gibson 
 
 Claiborne 
 
 J. McC. Martin. 
 
 1,500 
 
 Quitman 
 
 Clarke 
 
 Hon. S. H. Terrall. 
 
 500 
 
 Raleigh 
 
 Smith 
 
 Walter McLaurin. 
 
 200 
 
 Eaymond 
 
 Hinds 
 
 S. D. Fearing. 
 
 448 
 
 Ripley 
 
 Tippab 
 
 Thomas Spright. 
 
 900 
 
 Rolling Fork 
 
 Sharkey 
 
 AV. D. Brown. 
 
 250 
 
 Rosedale 
 
 Bolivar 
 
 Moore & Jones. 
 Charles Scott, "G8. 
 
 100 
 
 Sardis 
 
 Paula 
 
 Taylor & Kyle. 
 
 1,000 
 
 Scranton 
 
 Jackson 
 
 (See Bay St. Louis.) 
 
 1,0.52 
 
 Senatobia 
 
 Tate 
 
 W. J. EAST. 
 
 935 
 
 Starkville 
 
 Oktilbeha 
 
 T. J. Wood. 
 
 2,500 
 
 Summit 
 
 Pike 
 
 J. C. Lamkin. 
 
 1,004 
 
 Tripelo 
 
 Lee 
 
 James L. Finley. 
 
 1,300 
 
 Utica 
 
 Hinds 
 
 J. K. McXEELY. '80. 
 t Shelton CS. M.) & 
 
 330 
 
 Vicksburg 
 
 Warren 
 
 Crutcher(T. E.). 
 
 — 
 
 
 
 See Card in Apj)e><<ltx, i>offe xii. 
 
 WalthaU 
 
 Webster 
 
 Leverett & Cooke. 
 
 150 
 
 Water Valley 
 
 Yalobusha 
 
 t T. J. Williams. 
 
 3,330 
 
 Waynesborough 
 
 Wayne 
 
 D. M. Taylor. 
 
 200 
 
 AVesson 
 
 Copiah 
 
 S. Gilbert. 
 
 3,500 
 
 West Point 
 
 Clay 
 
 JOHN J. McCLELLAN. 
 
 1,780 
 
 "Westville 
 
 Simpson 
 
 White & Fo.x. 
 
 300 
 
 Willianisburgh 
 
 Covington 
 
 J. 0. Napier, Jr. 
 
 150 
 
 Winona 
 
 Montgomery 
 
 McLean & Somerville. 
 
 1.204 
 
 Woodville 
 
 Wilkinson 
 
 H. S. Van Eaton. 
 
 1,000 
 
 Yazoo City 
 
 Yazoo 
 
 BOWMAN, Sr., (R.) & 
 
 
 
 
 BOWMAN, Jr., (R.) 
 
 . 2,543
 
 490 
 
 MISSISSIPPI. 
 
 BANKS IN MISSISSIPPI. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital ot one 
 bank in each county of this state in which such a banking institution is located. 
 
 PLACE. 
 
 Aberdeen 
 Canton 
 Columbus 
 Corinth 
 Greenville 
 Hazlehurst 
 Holly Springs 
 Jackson 
 Kosciusko 
 Meridian 
 Natchez 
 Oxford 
 Sardis 
 Starkville 
 Verona 
 Vicksburg 
 Water Valley- 
 West Point 
 Winona 
 Yazoo City 
 
 NAME OF BANK. 
 
 Gattman & Co 
 Canton Exchange Bank 
 Columbus Ins and Bk'g Co 
 Tishomingo Savings Bank 
 Bank of Greenville 
 Merchants' & Planters' Bank 
 Bank of Holly Springs 
 First National Bank 
 Bank'g House of C C Kelly 
 First National Bank 
 
 Bank of Oxford 
 Bank of Sardis 
 First National Bank 
 Lee County Bank 
 First National Bank 
 Bank of Water Valley 
 First National Bank 
 Bank of Winona 
 Bank of Yazoo City 
 
 
 PAID UP 
 
 CASHIER. 
 
 CAPITAL. 
 
 
 6100,000 
 
 A. N. Parker. 
 
 30,000 
 
 W. H. Lee. 
 
 300,000 
 
 A. H. Taylor. 
 
 50,000 
 
 Jas. Robertshaw. 
 
 100,000 
 
 Isaac N. Ellis. 
 
 50,000 
 
 H. C. Fort. 
 
 51,800 
 
 0. J. Waite. 
 
 100,000 
 
 W. G. Colmery. 
 
 60,000 
 
 C. W. Robinson. 
 
 100,000 
 
 A. G. Campbell. 
 
 100,000 
 
 Bern Price. 
 
 79,000 
 
 W. H. Wall. 
 
 67,450 
 
 E. L. Tarry. 
 
 50,000 
 
 B. T. Clark. 
 
 50,000 
 
 Thomas Mount. 
 
 100,000 
 
 W. C. Shackleford. 
 
 50,000 
 
 T. M. Moseley. 
 
 50,000 
 
 C. H. Campbell. 
 
 50,000 
 
 S. R. Berry. 
 
 50,000
 
 STATE OF 
 
 IVLISSOURI. 
 
 SUMMARY OF 
 
 Collection Laws. 
 
 Court calendar. Instructions for taking Depositions, Legal Forms, Etc- 
 ExPRESSLY Prepared and Revised to Nov. 1st, 1887, for "Showers' 
 Legal Directory and Merchants' Guide," for 1888, by 
 Clifford B. Allen, of the St. Louis Bar. 
 
 Acknowledgments. — Are taken in Missouri by a'court having a seal, or 
 judge, justice, or clerk thereof, notary public, or justice of the peace of 
 county wherein land is situated. If out of Missouri, but in the United States, 
 by a notary public, state or federal court having a sgal, or clerk of such court, 
 or commissioner appointed by the governor. If without the United States, 
 by any court having a seal of state, kingdom, or empire, or chief justice of 
 any city or town having a seal, or any minister or consul of the United States, 
 or any notary having a seal, and all deeds conveying or affecting real estate 
 must be acknowledged before some such officer and duly certified and re- 
 corded in the office of the recorder of the county in which such real estate 
 lies. Acknowledgments must be under seal, and a scroll is sufficient. 
 
 Form of Acknowledgment. 
 
 (Begin in all eases by a caption specifying the state and place where the ac~ 
 hnoicledgment is taken ; and in all cases add signature and title of the officer 
 taking the acknoidedgment, together with seal. ) 
 
 IK THE case op NATURAL PERSONS ACTING IN THEIR OWN RIGHT. 
 
 On this day of , 18 — , before me personally appeared , to me 
 
 known to be the person (or persons) described in, and who executed the fore- 
 going instrument, and acknowledged that he (or they) executed the same as, 
 his (or their) free act and deed. 
 
 IN the case of natural persons acting by attorney. 
 
 On this day of , 18 — , personally appeared , to me person- 
 ally known to be the person who executed the foregoing instrument in behalf 
 
 of , and acknowledged that he executed the same as the free act and deed 
 
 of said . 
 
 IN the case op corporations or joint stock associations. 
 
 On this day of , 18 — , before me appeared , to me personally 
 
 known, who, being by me duly sworn (or affirmed), did say that he is the 
 president (or other officer or agent of the corporation or association) of (de- 
 
 IMo. 1.]
 
 492 MISSOURI. 
 
 scribing the corporation or association), and that the seal aflBxed to said in- 
 strument is the corporate seal of said corporation (or association), and that 
 said instrument was signed and sealed in behalf of said corjjoration (or as- 
 sociation), by authority of its board of directors (or trustees), and said 
 
 acknowledges said instrument to be the free act and deed of said coiporation 
 (or association). 
 
 In case the corporation or association has no corporate seal, omit the 
 words "the seal affixed to said instrument is the corporate seal of said cor- 
 poration (or association), and that. ' ' and add at the end of the affidavit clause, 
 the words " and that said corporation (or association) has no corporate seal. " 
 
 Form, of Acknowledgvicnt by Trustee of a Married Woman and her Husband. 
 
 State op Missouri, \ 
 County of . \ ' 
 
 Be it remembered, That oii this day of , A. D. 18 — , before the 
 
 undersigned, a (title of officer), within and for the county of , personally 
 
 came , trustee of , wife of , and , husband of said , who 
 
 are personally known to me to be the same persons whose names are subscribed 
 to the foregoing instrument of writing as parties thereto, and they acknowl- 
 edge the same to be their act and deed, for the purposes therein mentioned. 
 
 And the said , being by me first made acquainted with the contents of 
 
 said instrument, vipon an examination separate and apart from husband 
 
 — , acknowledged that executed the same, to be her act and deed for the 
 
 purposes therein named, freely and without fear, compulsion or undue influ- 
 ence of said husband. 
 
 In testimony whereof, I have hereunto set my hand and affixed my official 
 seal, at my office, in , the day and year first above written. 
 
 [seal.] {Signature and title.) 
 
 Form of Single Acknowledgment. 
 
 State op Missouri, \ g^ . 
 
 County op . ^ 
 
 Be it remembered, That on this day of , 18 — , before the under- 
 
 si'^ned, within and for the county of , aforesaid, personally came 
 
 — — , who is personally known to me to be the same person whose name is 
 subscribed to the foregoing instrument of writing, as a party thereto, and 
 acknowledged the same to be act and deed, for the purposes there- 
 in mentioned. And the said further declared to be single and un- 
 married. 
 
 In testimony whereof, I have hereunto set my hand and affixed my official 
 
 seal, at my office, in , in said county, the day and year first above 
 
 written. 
 
 [seal.] {Signature and title.) 
 
 Actions. — To te instituted by summons against the person of defendant, 
 eitlier in the county where defendant resides, or where plaintiif resides and 
 defendant may be found, or in case of several defendants living in different 
 counties, in any of such counties, or in case of non-resident defendants, in 
 any county, and by attachment against the property of defendant in the 
 county in which such property is situated. 
 
 Administration. — By probate court, before which all claims must be pre- 
 sented within two years, and allowed ; ten days' notice of such presentation 
 •must be given to executor or administrator, who must be a resident of this 
 
 [Mo. 2,]
 
 MISSOURI. 493 
 
 state, and are to be paid as follows : 1st. Expenses of funeral ; 2n(l. Of last 
 sickness ; 3rd. Taxes ; 4tli. Judgments ; 5th. Claims presented in first year ; 
 6th, In second year. 
 
 AfB.davits. — To be used in the courts may be taken before commissioners 
 for the state, notaries public, or jiulges or clerks of courts of record, and 
 should be attested by the official seal of these officers. They need not be 
 attested otherwise. 
 
 Aliens. — Can acquire and transmit property. 
 
 Appeals. — {See Courts.) 
 
 Arrest. — None for debt. 
 
 Assignments. — Voluntary only, no debts can be preferred, if so, they are 
 void, and all debts must be paid^jro rata, and judgments entered by confes- 
 sion thirty days previous to assignments i)ai(l^»'t>rrt<ay must be acknowledged 
 and recorded. Assignee elected by assignor or appointed by court, and must 
 file sworn inventory within fifteen days, give secured bonds within three, 
 appoint day for hearing claim within three months from date of assignment. 
 Notice of days appointed may be by publication or by letter mailed to credi- 
 tors at least.ibur weeks previous to such appointed days. At each term of 
 court must file .statement of his accounts. Assignee under direction of cir- 
 cuit court, and his compensationfixed by such court. An appeal from assignee's 
 decision lies to this court. If claim be not presented at day appointed, is barred, 
 unless for good cause, proved any time before final dividend. Debtor not 
 discharged unless estate pays claims in full, or by consent of creditors. 
 
 Attachments. — May issue anytime before judgment, on filing an affidavit 
 of just claim and of any one of the following grounds as existhig: defendant 
 is anon-resident or a foreign coriwration, or conceals, absconds, or absents 
 himself, so that the ordinary processes of law cannot be served on him, or 
 he is about to remove from state with intent to change domicile, or is about 
 to or has fraudulently concealed, removed, disposed, conveyed or assigned 
 his property with intent to delay andhinder creditors, or where action accrued 
 out of this state and defendant absconds or secretly removes property into 
 this state, or where debt was fraudulently contracted, or where action is for 
 damages arising from commission of a felony or misdemeanor, or for seduc- 
 tion of a female, has failed to pay price of goods by contract to be paid on 
 delivery, and a bond in double value of the debt must be filed with sufficient 
 security. Writs of attachment may be levied by garnishing a debtor of 
 the defendant. 
 
 Banks and Bankers. — Is not touched upon in the statutes except as to 
 the incorporation of banking companies. A definition of private bankers, 
 which is, that those who carry on the business of banking by receiving 
 m(mey on deposit, with or without interest, buying and selling bills of ex- 
 change, promissory notes, bonds, stocks, and other securities without being 
 incorporated ; must have capital of not less than SoOOO, and a statement 
 sworn to, of names of pei'sons interested, name in which business is to be 
 conducted, and place at which, and capital invested, and this statement to be 
 recorded. 
 
 Bills and Notes. — Acceptance must be in writing, damages of non-ac- 
 ceptance and non-payment ; if drawn in person and at place within this state, 
 four per cent, per annum ; within the United States, ten per cent.; without 
 the United States, twenty per cent. Notes payable to order or bearer, and. 
 expressed to be for value received, are negotiable. 
 
 [Mo. 3.]
 
 494 MISSOURI. 
 
 Bills of Lading. — Warehouse receipts not to issue until goods are 
 actually in store, nor to issue second receipt, nor for money loaned. Negoti- 
 able. 
 
 Chattel Mortgages. — Mortgages and deeds of trust upon personalty are 
 void as to the creditors of the grantor and purchasers without notice thereof, 
 unless the property is delivered to and retained by the mortgagee or bene- 
 ficiary in the deed of trust or trustee, or the instrument is recorded in the 
 county where the grantor resides. No special limitation as to when a chattel 
 mortgage may be foreclosed exists. In this state the settled law, as declared 
 by the supreme court in a line of decisions, is that a mortgage upon stock in 
 trade, which is to remain in the possession of the mortgagor and be dealt 
 with by him, is fraudulent and void as to ci-editors and subsequent purchasers. 
 
 Form of Affidavit and Acknowledgment to Chattel Mortgage. 
 
 State op Missouri, \ ^^ 
 
 County OP . S 
 
 , being duly sworn, on oath, says that , the legal and abso- 
 lute owner of the personal property above described, and that the same is 
 free from all claims and liens whatsoever. {Signature of affiant.) 
 
 Subscribed and sworn to before me this day of , A. D. 18 — . 
 
 [seal,] (Signature of officer.) 
 
 State op Missouri, ) m 
 
 County op , S ' 
 
 Be it remembered, that on this day of , A. D. 18 — , before the 
 
 undersigned, a within and for the city of , and state of , person- 
 ally came , who — personally known to me to be the same person whose 
 
 name — subscribed to the foregoing instrument of writing, as part — thereto, 
 
 and acknowledged the same to be voluntary act and deed for the uses 
 
 and purposes therein mentioned 
 
 In testimony whereof, I have hereunto set my hand and affixed my official 
 seal, at my office, in , the day and year first above written. 
 
 [seal.] (Signature and title of officer.) 
 
 Note. — If the acknowledgment be taken by a notary public, the certificate 
 must state the dates of his being duly qualified and of the expiration of his 
 term of office. The blank space above the signature is provided for this. 
 
 statement. The following formula is ample: "I was qualified , 18 — , 
 
 and my term expires , 18 — ." 
 
 Claims against Descedents' Estate.— (-S^e Administration.) 
 
 Conditional Sales of Personal Property. — All void 'as to creditors, un- 
 less such condition shall be evidenced by writing, executed, acknowledged, 
 and recorded. 
 
 Corporations. — Are formed under general statute on that subject, with 
 separate provisions for the different objects to be accomplished. Stockholders 
 liable only for par value of stock subscribed by them. 
 
 Costs, Security for. — Where plaintiff is a non-resident, must be given by 
 a written undertaking of a resident of this state. 
 
 Courts. — Terms and Jurisdiction of : 
 
 Justices^ Courts, in counties having over 50,000 inhabitants, have jurisdic- 
 tion on contracts and torts to the extent of $250, and of all actions against 
 railroads for killing or maiming stock, irrespective of value. In counties 
 having less than 50,000 ; in all cases both of contract and tort, to the extent 
 of 8150, and against railroads for killing or maiming stock, irrespective of 
 value. 
 [Mo. 4.]
 
 MISSOURI. 
 
 495 
 
 Circuit Court original jurisdiction in all cases, except where exclusive 
 jurisdiction is given to probate courts or justices of the peace, and appel- 
 late from such courts. In some counties there are local courts, called com- 
 mon pleas, of concurrent jurisdiction with the circuit courts over certain 
 ■districts. 
 
 Circuit Court holds two to three terms annually, (in St. Louis five). 
 
 TJie Probate Courts in each county have the usual powers. 
 
 Court Calendar. — 
 
 UNITED STATES CIRCUIT COURT. 
 
 Eastern District, yorthcrn Division. — At Hannibal. 
 
 Terins.— 1st Mondays in May and November ; District Court, same time. 
 
 Eastern Division. — At St. Louis. 
 
 Tenns.— 3rd Mondays in March and September ; District Court, 1st Monday in May 
 and November. 
 
 Western District, St. Joseph Divisimi.— At St Joseph. 
 
 Terms.— 1st Mondays in April and October ; District Court, same time. 
 
 Southern Division.— Only District Court. 1st Mondays in February and August, 
 at Springfield. 
 
 Central Division.— At Jefferson City, 3rd Mondays in April and November ; District 
 Court, 1st Mondays in March and September. 
 
 We3ter7i Division.— At Kansas City, 3rd Mondays in May and October. 
 
 SUPREME COURT. 
 Regular Term at Jefferson City, 3rd Tuesdays of April and November. 
 
 DISTRICT APPELLATE COURTS. 
 
 St. Louis Court of Appeals.— B.eg\i\ar Term at St. Louis. Two annually, 1st Mon- 
 days of March and October. 
 
 Kansas City Court of Appeals.— Two terms annually, 1st Mondays of March and 
 •October. 
 
 CIRCUIT COURTS. 
 
 County. 
 
 County Seat, Cir, 
 
 Terms. 
 
 Adair . . 
 Andrew . 
 Atchison 
 Aydrain . 
 Barry . . 
 Barton 
 Bates . . 
 Benton . . 
 Bollinger 
 Boone . . 
 Buchanan 
 Butler . . 
 •Calwell . 
 Callaway 
 Camden . 
 Cape Giradieu 
 Carroll . , 
 Carter . , 
 Cass . . , 
 Cedar . , 
 Chariton 
 Christian 
 Clark . 
 Clay . . 
 Clinton 
 Cole . , 
 Cooper , 
 Crawford 
 Dade 
 Dallas . 
 Da vies . 
 DeKalb 
 Dent . . 
 Douglas 
 Duiiklin 
 Franklin 
 Gasconade 
 •Gentry . . 
 
 . Kirksville 
 
 Savannah 
 
 Rock port 
 , Mexico . . 
 , Cassville 
 , Lamar . . 
 , Butler . . 
 . "Warsaw . 
 , Marble Head 
 , Columbia . 
 , St. Joseph . 
 , Poplar Bluff 
 , Kingston . 
 , Fulton . . 
 . Linn Creek 
 . Jackson . . 
 , CarrolUon . 
 , Van Buren 
 . Harrisonville 
 . Stockton . . 
 , Keytesville 
 . Ozark . . . 
 . Kahoka . . 
 . Liberty . . 
 . Plattsburgh 
 . Jefferson City 
 . Boonville 
 . Steelvillf 
 , Greenfield 
 . Buffalo . 
 . Gallatin . 
 . Maysville 
 . Salem . . 
 . Ava . . . 
 . Kennet . 
 . Union . . 
 . Hermann 
 . Albany . 
 
 27 1 Monday Januarj', 4th April, 2nd October. 
 29 1st Monday of April, August and December. 
 29 4th Monday of January, May and September. 
 
 3 4th of January, Isl June and October. 
 
 21 2nd Monday of March and September. 
 2-5 1st Monday of February and September. 
 
 22 2nd Monday of February, June and November. 
 
 22 2nd Monday of April and October. 
 
 20 2nd Monday of March and September. 
 2 2nd Monday of April and October. 
 
 12 1st Monday of May and September. 
 2^ 1st Monday of May and November. 
 17 4th Mon. of Feb., and 3rd Mon. June and Oct. 
 
 2 1st Monday of May and 3rd in November. 
 
 1 3rd Monday of March and 1st Monday in Oct. 
 
 10 1st Monday of January and May, 4th in Aug. 
 
 17 3rd of March and Julj-, 1st Monday in Dec. 
 
 23 2nd Monday of April and October. 
 
 7 5th Mon. after 2nd Mon. in Fob. June and Oct. 
 25 .2nd Mon. of March and 1st Mon. in October. 
 
 11 1st Mon. of April and 3rd of October. 
 
 21 4th jNIonday of February and August. 
 
 4 1st Mon. in April and 2nd Mon. in October, 
 
 5 3rd ISIon. of February, June and October, 
 
 5 2nd Mon. in January, 3rd in May, 2nd in Sept. 
 
 1 3rd Monday in Maj-, 1st Mon. in Dec. 
 
 1 3rd JNIonday in Feb. 2nd in July, 1st in Nov. 
 
 18 3rd Monday in ^March and September. 
 
 25 3rd Monday in April and 1st Mon. in Nov. 
 14 . 7th Mon. after 3rd JNIon. in Feb. and August. 
 
 28 1st Mon. in Feb. and June, 2nd Mon. in Oct. 
 
 12 1st Mon. in April and 3rd Mon. in October. 
 18 1st Mon. in April and October. 
 
 13 4th Monday of March and September. 
 23 1st Mon. in January and July. 
 
 9 4th Mon. after 8rd Mon. of April and October. 
 9 2nd Mon. after 3rd Mon. of April and Oct. 
 28 1st Mon. of March and September. 
 
 [Mo. 5.]
 
 496 
 
 MISSOURI. 
 
 County. 
 Greene . . , 
 Grundyl . . 
 Harrison . . 
 Henry . . , 
 Hickory . , 
 Holt . . , . 
 Howard . . 
 Howells . , 
 Ironton . . 
 
 Jackson . . 
 
 Jasper . . . 
 
 Jefferson . 
 Joiinson . , 
 Knox . . . 
 Laclede . . 
 LaP'ayette . 
 Lawrence . 
 Lewis . . . 
 Lincoln . . 
 Linn . . . . 
 Livingston 
 McDonald . 
 
 Macon . . . 
 
 Madison . . . 
 Maries . . . . 
 Marion , . . 
 Mercer . . . . 
 Miller . . . . 
 Mississippi . 
 Moniteau . . 
 Monroe . . . 
 Montgomery 
 Morgan . . . 
 New Madrid . 
 Newton . . . 
 Nodaway . . 
 Oregon . . . 
 Osage . . . . 
 Ozark . . . . 
 Pemiscot . . 
 Perry . , . . 
 Pettis . . . . 
 Phelps . . . . 
 
 Pike 
 
 Platte . . . . 
 
 Polk 
 
 Pulaski . . . 
 Putnam . . . 
 Kails 
 
 Randolph . . 
 
 Ray 
 
 Reynolds . . 
 Ripley .... 
 St. Charles . . 
 St. Clair . . . 
 St. Francois . 
 St. Genevieve 
 St. Louis . . . 
 Saline . . . . 
 Schuyler . . . 
 Scotland . . . 
 Scot . . . . 
 Shannon . . . 
 Shelby . . . . 
 Stoddard . . 
 Stone . . . . 
 Sullivan . . . 
 Taney . . . . 
 Texas . . . . 
 Vernon . . . 
 Warren . . . 
 Washington . 
 Wayne . . . . 
 Webster . . . 
 Worth .... 
 Wright . . . 
 [Mo. (!.] 
 
 County Seat. 
 . Springfield 
 . Trenton , . 
 . Bethany , , 
 . Clinton . . 
 . Hermitage 
 . Oregon . . 
 . Fayettee . . 
 . West Plains 
 . Ironton . . 
 Independence 
 
 • Kansas City 
 Carthage . 
 
 ■ Joplin . . . 
 . Hillsboro . 
 , Warrenburgh 
 . Edina . , 
 . Lebanon 
 . Lexington 
 . Mount Vernon 
 . Montieello 
 . Tro . . . 
 . Linneus . 
 . Chillicothe 
 . Pineville 
 Macon . . 
 
 • La Plato . 
 . Prederickson 
 . Vienna . . 
 
 . Palmyra 
 . Princeton . 
 . Tuscumbia 
 . Charleston 
 . California . 
 . Paris . . . 
 . Danville . . 
 . Versailles . 
 . New Madrid 
 . Neosho . . 
 . Maryville . 
 . Alton . . . 
 . Linn .... 
 . Gainesville 
 . Gayoso . . 
 . Perryville . 
 . Sedalia . . 
 . Rolla .... 
 . Bowling Green 
 . Platte City . 
 . Boliver . . 
 . Waynesville 
 . Unionville . 
 . New London 
 
 Huntsville 
 • Moberly 
 . Richmond . 
 . Centreville 
 . Deniphan . 
 . St. Charles . 
 . Oceola . . . 
 . Farmington 
 . St. Geneviev 
 . Mount Olive 
 . Marshal . . 
 . Lancaster . 
 . Memphis . 
 . Benton . . 
 . Eminence . 
 . Shelbyville 
 . Blf)onifield 
 
 Galena . . 
 . Milan . . . 
 . Forsyth . . 
 . Houston 
 . Nevada City 
 . Warrentown 
 . Potosi . . . 
 . Greenville 
 . Marshflcld . 
 . Grant City . 
 . Hartville . 
 
 Cir. 
 21 
 11 
 28 
 22 
 14 
 29 
 2 
 
 i;^ 
 
 26 
 24 
 
 15 
 
 26 
 27 
 
 4 
 14 
 
 6 
 13 
 
 4 
 
 3 
 11 
 17 
 15 
 
 27 
 
 20 
 19 
 16 
 11 
 
 1 
 10 
 
 1 
 16 
 
 3 
 
 1 
 10 
 15 
 29 
 13 
 
 9 
 13 
 10 
 20 
 
 3 
 5 
 14 
 
 18 
 27 
 16 
 
 2 
 
 5 
 29 
 23 
 19 
 25 
 20 
 20 
 19 
 
 6 
 27 
 
 4 
 10 
 13 
 16 
 23 
 21 
 11 
 21 
 18 
 2i 
 19 
 26 
 23 
 14 
 
 Terms. 
 1st Mon. of May and November. 
 4th Mon. of Aug. and 3rd of April and Dec. 
 4th Mon. of March and September. 
 2nd Mon. of March and September. 
 12th Mon. after 3rd Mon. in Feb. and Aug. 
 4th Mon. of Apr. and Aug., 1st Mon. of Jan. 
 1st Mon. of June and December. 
 4th Mon. of April and October. 
 4th Mon. of April and October. 
 2nd Mon. of March and September. 
 2nd Mon. of January, April and October. 
 2nd Mon. of March and September. 
 1st Mon. in June and December. 
 2nd of Jan. May and September. 
 2nd Mon. in Feb. and June, 3rd Mon. in Oct. 
 1st Mon. in June and November. 
 14th Mon. after 3rd Mon. in Feb. and Aug. 
 1st Mon. in April, August and December. 
 4th Mon. in P'ebruary and August. 
 1st Mon. in March and September. 
 1st Mon. after 4th Mon. in March, 3rd Sept. 
 1st Mon. in June and December. 
 4th Mon. in January, May and September. 
 1st Mon. in February and August. 
 2nd Mon. in April and 3rd in September. 
 3rd Mon. in March and 1st in October. 
 4th Mon. in March and September. 
 2nd Mon. in April and October. 
 1st Mon. in June and 2nd Mon. in November. 
 2nd Mon. in March and September. 
 4th Mon. in March and Srd in September. 
 1st Mon. in April and October. 
 1st Mon. in March and September. 
 Srd Mon. in April and 4th Mon. in October. 
 4th Mon. in April and October. 
 1st Mon. in P>bruary and Srd in August. 
 Srd Mon. in March and September 
 2nd Mon. in !May and November. 
 1st Mon. in March, Srd June, 2nd November. 
 4th Mon. in February and August. 
 Srd Mon. in April and October. 
 2nd Mon. in April and October. 
 2nd Mon. in March and 1st Mon. in November,. 
 2nd Mon. in April and October. 
 1st Mon. in January, May and September. 
 ]st Mon. in February and August. 
 1st Mon. in ]March and September. 
 1st Mon. in April, 2nd in Aug. and Srd in Nov. 
 9th Mon. after Srd Mon. in February and Aug. 
 1st Mon. in JSlarch and September. 
 2nd Mon. in Feb. and Ist IMon. in Sept. 
 Srd jMon. in March and 4th Mon. in August. 
 1st Mon. in ]March and September. 
 Srd Mon. in Sept. and 1st ]Mon. in February. 
 1st ]Mon. in February, June and October. 
 4th Mon. in May find Novembei". 
 Srd Mon. in April and October. 
 1st Jlon. in ]\Iarch and September. 
 4th Mon. in March and Srd Mon. in October. 
 2nd Mon. in May and November. 
 4th Mon. in April and (October. 
 2nd Mon. iir May and November. 
 2nd Mon. in February, June and October. 
 2nd Mon. in Jlay and 1st in November. 
 1st Mon. in February and August. 
 Srd Mon. in April and October. 
 2nd Mon. in ISIarch and September. 
 1st Mon. in April and 2nd Mon. in October. 
 1st Mon. in Marcla and September. 
 Srd Mon. in Feliruary and August. 
 Srd Mon. in May and November. 
 1st Mon. in April and (~)ctober. 
 Srd Mon. in ISlay and November. 
 1st Mon. in ISIay and November. 
 Srd jSIon. in April and October. 
 1st ISIon. in Av^ril and October. 
 Srd Mon. in May and November. 
 4th Mon. after Srd Mon. in Feb. and Aug. 
 4th Mon. in April and October. 
 2nd Mon. after Srd Mon. in Feb. and Aug.
 
 MISSOURI. 497 
 
 Curtesy. — As at eoimnou law. 
 
 Deeds. — ^lust be under seal, no witnesses necessary to validity of deed to 
 Le used in this state. — {See Ackiioicledgments.) 
 
 Form of Warranty Deed, 
 
 TfUs Deed, made and entered into this day of , eighteen hundred 
 
 and eighty — , by and between of , parr — of the first part, and 
 
 of , part — of the second part, witnesseth, that the said part — of the first 
 
 part, for and in consideration of dollars, to paid by the said party 
 
 of the second part, the receipt of which is hereby acknowledged, do bythe.sc 
 presents grant, bargain and sell, convey and confirm unto the said part — of 
 tlie second, the following described tract — or parcel — of land, situated in 
 the county of , in the state of , to-wit: (Here describe property). 
 
 To have and to hold the same, together with all rights, immunities, privi- 
 leges and appurtenances to the game belonging, unto the said part — of the 
 second part, and to heirs and assigns forever : the said hereby cov- 
 enanting that heirs, executors and administrators, shall and will war- 
 rant and defend the title to the premises unto the said part — of the second 
 
 part, and to heirs and assigns forever, against the claims of all persons 
 
 whomsoever. 
 
 In, witness whereof. The said part — of the first part ha — hereunto set 
 
 hand and seal, the day and year first above written. 
 
 . [seal.] 
 
 For acknowledgment, {see acknoicledgements. ) 
 
 Descent and Distribution. — All property : to 1st, children or descendants 
 in equal parts ; 2d, if there be no children then to father, mother, brothers 
 and sisters and their descendants, in equal parts ; if there be no children or 
 their descendants, father, mother, brother, sister or their descendants then 
 to the husband or wife ; if no husband or wife then to the grandfather, 
 grandmother, uncles and aunts and their descendants, and so on. 
 
 Depositions. 
 
 Forms and Instructions for taking Depositions. 
 
 NOTICE. 
 
 , plaintiff, ^ 
 
 vs. > In the court , county of , state of Missouri. 
 
 , defendant. ) 
 
 To the above named : 
 
 You are hereby notified that depositions of witnesses to be read in evi- 
 dence in the above entitled cause, on the part of the , will be taken at 
 
 in the county of , and state of , on the day of , 18 — , 
 
 between the hours of eight o'clock in the forenoon, and six o'clock in the 
 afternoon of that day ; and that the taking of said depositions, if not com- 
 pleted on that day, will be continued from day to day, at the same place, and 
 between the same hours, until completed. 
 
 Service of the above notice is hereby acknowledged, "] 
 and issue of dedimus, and all exceptions as to time, | 
 waived. 18 — . 
 
 CAPTION. 
 
 , plaintiff, ^ 
 
 TS. > In court, county of , state of . 
 
 , defendant. ) No. — . 
 
 Deposition — of witness — produced, sworn and examined on the day 
 
 of . in the year of our Lord 18 — , between the hours of o'clock in 
 
 f^ro. 7.]
 
 498 MISSOURI. 
 
 the forenoon and o'clock in the aTtemoon of that day, at , in the 
 
 county of and state of , before me (name and title of officer), in a 
 
 certain cause now pending in the court, , in the county of , in 
 
 the state of , between , plaintiff — , and , defendant — , on the 
 
 part of the . 
 
 Present, , esq., on behalf of the plaintiff — , and , esq., on behalf 
 
 of the defendant — . 
 
 , of lawful age, being produced, sworn and examined on the part of 
 
 the , doposeth and saith . 
 
 CERTIFICATK TO DEPOSITIONS. 
 
 State of Missouri, I 
 
 County of . ^ ' 
 
 I, , do hereby certify that in pursuance of the annexed , came be- 
 fore mc at , in the county and state last afSresaid, who w — by me 
 
 to testify to the whole trutli of knowledge touching the matter in 
 
 controversy aforesaid ; that w — examined and examination was re- 
 duced to writing and subscribed by , in my presence, on the day, between 
 
 the hours and at the place in that behalf first aforesaid, and said depo- 
 sition — now herewith returned, and I hereby certify that the said are 
 
 residents of . (And I further ceitify that I was duly qualified as a no- 
 tary public on the day of , 18 — , and my term exjiires , 18 — .) 
 
 Ifi testhDioiiy whereof, I have hereunto set my hand* , at , in the 
 
 county and state aforesaid, this day of , 18 — . 
 
 [seal.] {Signature of officer.) 
 
 * "And official seal," if taken before an officer having an official seal. 
 [Fees and postage % , paid by .] 
 
 INSTRUCTIONS FOR TAKING DEPOSITIONS. 
 
 Every deposition must be reduced to writing in the presence of the officer 
 before whom it is taken, and signed by the witness. If any paper or exhibit 
 is produced and pi'oved or referred toby the witness, it ought to be described 
 in his deposition, or marked and referred to by the deponent in such manner 
 that it may be identified when the deposition is read ; and all such papers 
 and exhibits must be attached to and returned with the deposition. 
 
 The officer will annex, at the foot of the deposition of each witness, the 
 following certificate: 
 
 "Subscribed and sworn to before me, on the day, at the place and within 
 the hours aforesaid." 
 
 If the officer taking the deposition have an official seal, it must be affixed 
 to each certificate. {Name and title of officer.) 
 
 Then proceed with other depositions (if any) in the same fomi, annexing a 
 like certificate to each. When all the witnesses who appear have been sworn 
 and examined and their depositions reduced to writing, subscribed and certi- 
 fied, as above, the officer will attach to the depositions all papers and exhibits 
 proved or referred to in the examination, and the commission and notice, with 
 tlic following certificate endoi'sed thereon or attached thereto. 
 
 If the officer knows the residence of the witnesses, he will include the fol- 
 lowing in his certificate: "And I further certify that the said (insert the 
 
 names of witnesses), arc residents of the county of . in the state of . 
 
 (xiven at , in the countv of , and state of , this day of 
 
 18—." 
 
 If the officer taking the deposition have an official seal, it must be affixed 
 to each certificate. {Name and title of officer.) 
 
 The return should be accompained by a certificate of the official character 
 of the officer taking the depositions, attested by the seal of the state of his 
 residence, or by the seal of some court of record within said state, which 
 may be as follows : 
 [Mo. S.l
 
 MISSOURI. 499 
 
 "I hereby certify that (state the name) on (here insert, in wtjrds at length, 
 the date at which the depositions are taken and certified), in the year of onr 
 Lord 18 — , was and now is (here state the style of tlie othcer), within and 
 
 for the . state of , duly commissioned and acting" as such, and that 
 
 lull faith and credit are due to his acts as such." 
 
 Ill testimoriy tchereof, I (here state name of officer and style of office) have 
 
 liereunto subscribed my name and affixed the seal of office this day of 
 
 , 18-. 
 
 [seal.] {Signature and title, of officer.) 
 
 The depositions, papers, and exhibits, commission, notice and certificates 
 shouUl be enclosed in a strong envelope, securely sealed, and direct the same 
 
 to the clerk of the court of the county of . Missouri, notiug on the 
 
 envelope the style of the cause aud contents, thus : 
 
 , plaintiff ) 
 
 vs. /• Depositions for (state whether fur defendant or plaintiff.) 
 , defendant. ; 
 
 If the package is transmitted by mail, see that the proper post-office ad- 
 dress is given thereon. 
 
 The depositions must be begun on the day mentioned in the notice. If 
 they cannot be completed on that day, the taking of them may be adjourned 
 to the succeeding day only, and for no longer time, unless upon agreement, 
 and at the same place, and between the same hours. The person taking 
 them should, in such case, making the following entry, closing the business 
 for that day : 
 
 "Not being able to complete the takhig of said depositions, by reason that 
 (here insert the reason), I adjourned the further taking of the same till to- 
 morrow (or to such time as may be agreed upon), then to be continued at 
 the same place and between the same hours mentioned in the amiexed 
 notice." 
 
 If the officer taking the deposition have an official seal, it must be affixed 
 to each certificate. (Name and title of officer.) 
 
 On the succeeding day, let the person taking the deposition commence as 
 follows : 
 
 Pursuant to adjournment, as above stated, on the day of , 18 — , 
 
 between the hours of in the forenoon and in the afternoon, at the 
 
 , I continued the taking of said depositions, as follows, viz. : , in 
 
 contuiuation of his deposition, commenced yesterday, on his oath, further 
 says, etc. 
 
 The provisions of the act approved March 25, 1875, require that "every 
 certificate made by any notary public, to which his seal is attached, shall, in 
 addition to the ordinary recital, contain a statement of the date of his being 
 duly qualified, and of the date of the expiration of his term of office." 
 
 The foregoing directions must be strictly observed, or the depositions will 
 1)6 unavailing. 
 
 Divorce. — Can be applied for by any person who has resided in this state 
 one year, on the following grounds: 1. Impotency. 2. Had a wife or 
 husband living at the time of marriage, o. Adultery. 4. Absence without 
 cause for space of one year. 5. During marriage convicted of felony. G. 
 Habitual drunkenness for the space of one year. 7. Barbarous and cruel 
 treatment as to endanger life. 8. Indignities rendering condition intolemble. 
 9. Husband is a vagrant. 10. Without knowledge of other party, conviction, 
 previous to marriage of felony, or preguant at time of marriage by another 
 man. 
 
 Dower. — One-third of real estate of liusbaiid. and tu a share in personal 
 estate equal to a share of a child. 
 
 [Mo. 9.]
 
 500 MISSOURI. 
 
 Evidence.— ( See Witnesses. ) 
 
 Executions. — May issue at any time within ten years from the time judj^- 
 mcut is rentlered ; are returnable to the next term of court after tlrey arc is- 
 sued. Execution from circuit court not a lien upon personal property until 
 levied. Execution from justices' courts a lien upon personal property as 
 soon as placed in the hands of constable. There is no stay of execution. 
 Real estate taken under execution is sold without appraisement to the highest 
 bidder. 
 
 Executors. — ( See Administration.) 
 
 Exemptions. — To heads of families: Personal property, various articles 
 and stock named, or else, if chosen by debtor, in value $300, and laborers' 
 wages earned in last thirty days ; homestead ; 160 acres in country, or thirty 
 square rods in city of less than 40,000 inhabitants, either in value $1,500 ; in 
 cities of over 40,000, eighteen square rods, value $3,000. Persons not head 
 of families, wearing apparel, necessary tools and implements of mechanic's 
 trade. 
 
 Leaseholds of three years unexpired terms, are subject to levy as real 
 estate. 
 
 Factors. — No statute relative to same. 
 
 False Pretenses. — Punished, inflicted as though the offence was theft; 
 grand larceny, being five years in penitentiary. Petit, being one year in jail. 
 The pretense must be made designedly for the purpose of inducing another 
 to part with property, i. e., obtaining signature to written instrument. 
 
 Frauds, Statute of. — IV and XVII sections of original English statute in- 
 corporated, and in addition thereto, representations of credit, and ratification 
 of contract of minor must be in writing. 
 
 Garnishments. — All persons having in possession goods, moneys, and ef- 
 fects of defendant, shall be liable to, except county collector, treasurer, and 
 municipal corporation, and officer charged with the collection of money, be- 
 fore the return-day ; or executors prior to an order of distribution ; wages 
 for thirty days are exempt in case of a resident head of a family. 
 
 Homestead. — To head of families not to exceed the total value of $1500' 
 in the country, nor $3000 in the city. 
 
 Insolvent Laws. — (See Assignments.) 
 
 Inrerest. — The legal rate is six per cent., but parties may contract in writ- 
 ing for not to exceed ten per cent. The penalty for usury is the forfeiture of 
 the interest at ten per cent, to the common schools, and the recovery of costs 
 by the defendant. Judgments bear interest at the rate of six per cent, per 
 annum. If the contract sued on calls for a higher rate, not exceeding ten 
 per cent., the iudgment thereon may be made to bear the rate of interest so 
 agreed on. An open account bears interest at the rate of six per cent, per 
 annum from the time when demand for payment is made. 
 
 Judgments. — Of courts of record are liens upon real estate of defendant, 
 within the county, and may be extended toother counties by filing transcript. 
 In the City of St. Louis such judgments are not liens until abstracts thereof 
 are entered in the abstrat^t book. Judgments of justices of the peace are 
 liens on realty, after transcript is filed in circuit clerk's office. Lien continues 
 three years from rendition of judgment, and may be renewed for two years 
 by scire facias. Judgment may be renewed within ten years for an additional 
 period of ten years. 
 iMo. 10.1
 
 MISSOURI. 501 
 
 Justices of the Peace. — (See Courts.) 
 
 Landlord and Tenant. — No tenant can assign his interest in term not ex- 
 ceeding two years, without tlie consent of his landlord ; no notice to quit 
 necessary in case of a term, to end at a certain time. 
 
 Liens, — {See Mechanic's Liens.) 
 
 Limitation of Suits. — Ten years — Written contract for payment of money, 
 
 on covenants in deeds, ejectment for real estate ; fioe years open account, and 
 promises not in writing, damages to injury of person or property, and for pos- 
 session thereof on gi-ound of fraud, beginning from discovery of fraud, whicli 
 must be made within ten years after commission ; three years against sheriff 
 and other officers on their bonds; two years libel, slander, assault, battery, 
 etc. ; action on judgment lajjse of twenty years ; claims against assigned es- 
 tate barred if not presented on days fixed by notice of assignee. 
 
 Actions for recovery of dower must be commenced within ten years from 
 husband's deatli ; and to collect taxes within five years. 
 
 Limited Partnerhips. — For any purposes excepting banking, brokerage or 
 insurance, must have one or more general partners, with such responsibilities 
 and one or more special partners, liable only to amount contributed ; must 
 tile written statement, showing name and residence, style of firm, amount of 
 cash contributed, nature of business ; must be acknowledged and recorded. 
 
 Minors. — Males of twenty-one years, and females of eighteen, are consid- 
 ered adults, for most all purposes. 
 
 Married Women. — Personal property belonging to a woman at marriage, 
 or acquired during coverture, is her sole property, and is not deemed to be 
 reduced to husband's possession by hisuse and care, but remains hers, unless 
 by her express assent in writing, she gives him authority to dispose of it. A 
 separate estate in real or personal property, exclusive of marital rights, may 
 be enjoyed by a woman with or without the intervention of trustee. 
 
 Mechanics' Liens. — May be obtained on the improvements and .lot, and 
 take precedence as to building, and as to land of all encumbrances made after 
 work is commenced. Laborers, within sixty days, contractor within six 
 months, and all other persons within four months after debt accrues, must tile 
 their lien. 
 
 Mortgages and Deeds of Trust.— Must be executed and acknowledged 
 like other deeds, and must be recorded. The common form of security in 
 til is state is a deed of trust. By it the property is conveyed to a trustee with 
 l)ower to sell and to convey the property absolutely if the debt, usually ex- 
 pressed by notes, is not paid. This proceeding is without suit. Mortgages 
 and deeds of trust may be satisfied, at an expense of thirty-five cents, upon 
 the margin of the record of the mortgage or deed of trust, in the recorder's 
 office. Releases may also be made by deed. Trustees in deeds of trust, are 
 prohibited from releasing sucli deeds unless the creditor joins in such release. 
 
 Oaths. — {See Affidavits.) 
 
 Partnerships. — {See Limited Partnerships.) 
 
 Practice. — Is under code. 
 
 Recording. — All deeds of realty must be recorded to be good against bona 
 fide purchaser for value. 
 
 Redemption. — Must be made within one year after sale. 
 
 [Mo. 11.]
 
 602 MISSOURI. 
 
 Replevin. — Affidavits setting forth claim, description of property, and value 
 of it, together with a bond for double the value of the property, must be filed 
 with the petition. 
 
 Bevision. — Is to be made every ten years from 1879. 
 Seal, — ( See AcknowledgmeaU. ) 
 Security for Costs.— {See Costs.) 
 
 Stay of Execution. — Or attachment, are unknown in this ^tate ; but per- 
 sonal property attached may be retained by the person in whose hands the 
 Bame is found, on his giving bond and security satisfactory to the officer for 
 the forthcoming thereof, as directed by the court, and to abide the judgment 
 of the court. And any attachment on personal or real property may be dis- 
 solved by the defendant appearing and pleading to the action and giving bond 
 in amount sufficient to satisfy the plaintiff's claim, with interest and costs, 
 conditioned for payment of any judgment rendered, with interest and costs 
 on or before the first day of the next term after judgment. 
 
 Supplementary Proceedings. — On return of an execution unsatisfied, and 
 within five years thereafter, plaintift' showing good cause, may require judg- 
 ment debtor to submit to an examination concerning his ability to discharge 
 the judgment. 
 
 Taxes. — Are assessed and paid annually, also see LimUation. 
 
 Trust Deeds.— (-See Mortgages.) 
 
 Usury. — ( See Interest. ) 
 
 Wills. — Every male person, twenty-one years of age and upwards, and 
 woman of eighteen, may devise their realty, personal and mixed property. 
 
 Form for Opening arul Closing of Wills. 
 
 In the name of God, Amen : I, (name of testator), of , county of 
 
 state of , being of sound mind and memory, do hereby make, publish and 
 
 declare this, my last will and testament, (hereby revoking any and all wills 
 by me heretofore made) : 
 
 1. It is my wish that all my lawful debts and funeral expenses shall be 
 paid out of my estate, etc. 2. I give, devise, and bequeath, etc, 
 
 .(Wife and all children of testator niust be named.) 
 
 In testimony whereof, I do hereunto set my hand and affix my seal, the 
 day of , A. D., 18-. 
 
 . [SEAL.] 
 
 ATTESTING OT.AUSK FOR WITNESSES. 
 
 Signed, scaled, published and declared by the said as and for his last 
 
 will ami testament, in our presence and in the presence of each other, this 
 <lay of , 18 — . 
 
 In testimony whereof we do, in his presence, and in the presence of each 
 other, and at his request, sign our names hereto as witnesses. C. D. 
 
 E. F. 
 
 C. D., having signed 
 
 said 
 
 ;f^OTE. — If C. D. signed testator's name, add, " I, 
 testator's name to said will, at his request." 
 
 Wltnes.. . — Interest does not disqualify. 
 [Mo. 12.]
 
 MISSOURI. 
 
 503 
 
 ATTORNEYS IN MISSOURI. 
 
 Bold Face Type denotes county scats. A dash {— ) less than 100 population. 
 Figures after names ■when admitted to the Ear. A star (*) Notaries Public. 
 A double dagger (|) our Compiler of Laws. 
 A dagger (t) former recominendations withdrawn. 
 
 PLACE. 
 
 COUNTY. 
 
 Ava 
 
 Douglass 
 
 Albany 
 
 Gentry 
 
 Alton 
 
 Oregon 
 
 Appleton City 
 
 St. Clair 
 
 Ash Grove 
 
 Greene 
 
 Belton 
 
 Cass 
 
 Benton 
 
 Scott 
 
 Bethany 
 
 Harrison 
 
 Bloom field 
 
 Stoddard 
 
 Bolivar 
 
 Polk 
 
 Boonville 
 
 Cooper 
 
 Bowling Green 
 
 Pike 
 
 Jireckenridge 
 
 Caldwell 
 
 Brookfield 
 
 Linn 
 
 Brownsville 
 
 Saline 
 
 Brunswick 
 
 Chariton 
 
 Buffalo 
 
 Dallas 
 
 Butler 
 
 Bates 
 
 California 
 
 ^loniteau 
 
 Cameron 
 
 Clinton 
 
 Canton 
 
 Lewis 
 
 Cape Girardeau 
 
 Cape Girardeau 
 
 Carrollton 
 
 Carroll 
 
 Carthage 
 
 Jasper 
 
 Carterville 
 
 Jasper 
 
 Cassville 
 
 Barry 
 
 Centralia 
 
 Boone 
 
 Centreville 
 
 Reynolds 
 
 Charleston 
 
 Mississippi 
 
 Chillicothe 
 
 Livingston 
 
 Clayton 
 
 St. Louis 
 
 Clinton 
 
 Henry 
 
 Columbia 
 
 Boone 
 
 Danville 
 
 [Montgomery 
 
 De Soto 
 
 Jetterson 
 
 Doniphan 
 
 Ripley 
 
 Edina 
 
 Knox 
 
 Eminence 
 
 Sliannon 
 
 Farmington 
 
 St. Francis 
 
 Fayette 
 
 Howard 
 
 NAMES OF ATTORNEYS. POPULA'n. 
 
 J. K. Reed. 150 
 
 R. L. Whaley. ' 1,500 
 
 W. C. Boyd. 350 
 
 J. A. Gilbreath. 2,000 
 
 W. S. Owens. 3,000 
 
 Williams & Strother 1,000 
 
 Wm. Hunter. 300 
 
 J. C. AVilson. 1,400 
 
 H. H. Bedford. 389 
 
 J. B. Upton. 2,000 
 
 Cosgrove & Johnston. 4,780 
 
 Smith & Hosteter. 3,000 
 
 O. J. Chapman. 1,100 
 
 ^V. H. Brownlee. 3,500 
 
 C. B. Buckner. — 
 
 Louis Benecke, 3,500 
 
 A. S. Smith. 750 
 
 S J. W. BADGER, Ref. Bates 3.500 
 ^ County Nat. Bank. 
 
 Moore & AVilliams. 2,200 
 
 Hiram Smith, Jr. 2,500 
 
 Anderson & Schofield. 2,800 
 
 Hon. R. L. Wilson. 4,800 
 ( VIRGIL M. CONKLING, 
 < Ref. Carroll Exchange B"k., 3,500 
 r Carrollton, Mo. 
 
 ■ McReynolds & Halliburton. 8,500 
 
 Jose])h Fountain. 1,700 
 
 Thos. ]SI. Allen. 1,000 
 
 J. H. Cupp. 1.800 
 
 R. I. January. 101 
 
 J. J. Russell. 1,675 
 
 John E. Waitt. 4,078 
 
 J. W. 3IcElhinney. 200 
 
 R. C. McBeth. 4,500 
 
 C. B. Sebastian. 4.600 
 
 J. ]V[. Barker. 500 
 
 S. B. Partin. 3,562 
 
 Sheppard. Gregory & Co. 600 
 
 O. D. Jones. 1,156 
 
 G. W. RHEA, 80. 125 
 
 Carter it Weber. 1,500 
 
 R. C. Clark. 2,000
 
 504 
 
 MISSOURI. 
 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. P0PTJLA"N. 
 
 Forsyth 
 
 Taney 
 
 R. V. Burns. 
 
 300 
 
 Fredericktown 
 
 Madison 
 
 Cahoon & Cahoon. 
 
 1,7.50 
 
 Fulton 
 
 Callaway 
 
 J. A. Hockaday. 
 
 3,41.5 
 
 Galena 
 
 Stone 
 
 B. F. Yocuni. 
 
 250 
 
 Gallatin 
 
 Daviess 
 
 Gillihan & Brosius. 
 
 1,80,» 
 
 Gainesville 
 
 Ozark 
 
 James L. Davis. 
 
 200 
 
 Gayoso 
 
 Pennscott 
 
 Geo. W. Carlton. 
 
 300 
 
 Glasgow 
 
 Howard 
 
 Thomas Shackelford. 
 
 2,201) 
 
 Golden City 
 
 Barton 
 
 P. J. Es.sex. 
 
 1.20O 
 
 Grant City 
 
 Worth 
 
 KELSO & SCHOOLER. 
 
 1.00O 
 
 Greenfield 
 
 Dade 
 
 S. A. Payne. 
 
 1,2(0 
 
 Greenville 
 
 AVavne 
 
 E. P. Settle. 
 
 20w 
 
 Hamilton 
 
 Caldwell 
 
 C. .Johnson. 
 
 1.8U0 
 
 Hannibal 
 
 Marion 
 
 AVm. C. Foreman. 
 
 11.074 
 
 Harrisonville 
 
 Cass 
 
 5 J. H. Kyle, "82, refers to 1st 
 ( Xat. Bank of Harrisonville. 
 
 2,000 
 
 Hartville 
 
 Wright 
 
 Mansfield & Pollock. 
 
 300 
 
 Hermann 
 
 Gasconade 
 
 Robert Walker. 
 
 1,344 
 
 Hermitage 
 
 Hickory 
 
 J. H. Childers. 
 
 300 
 
 Higginsville 
 
 La Fayette 
 
 E. F. Keyton. 
 
 2,500 
 
 Hillsborough 
 
 Jefferson 
 
 •Toseph J. Williams. 
 
 337 
 
 H olden 
 
 Johnson 
 
 J. P. Orr. 
 
 4,500 
 
 Houston 
 
 Texas 
 
 G. A. Leavitt. 
 
 400 
 
 Huntsville 
 
 Randolph 
 
 T. B. Reed. 
 
 2,001) 
 
 Independence 
 
 Jackson 
 
 E. P. Gates. 
 
 G.OOO 
 
 Ironton 
 
 Iron 
 
 J. W. Emmerson. 
 
 l,14t> 
 
 Jackson 
 
 Cape Girardeau L. Sanford. 
 
 1.000 
 
 Jefferson City 
 
 Cole 
 
 Smith. Silver & Brown. 
 
 7,271 
 
 Joplin 
 
 Jasper 
 
 G. Spencer. 
 
 10,000 
 
 Kahoka 
 
 Clarke 
 
 Hon. B. E. Turner. 
 
 1,1.50 
 
 Kansas Citv. 
 
 Jackson County. Population, 104,047 
 
 
 MENDELL, G. W., '72, 213 and 214 Nelson Building. 
 Craig, Henry H., 518 Delaware St. 
 
 See Card in Appendix, page xii. 
 
 HAMILTON, ELISHA B., '69, 303 Nelson Building. 
 Refers to National Bank of Commerce, Kansas 
 City, and 1st National Bank, Quincy, 111. 
 
 SCOTT, H. P.. 110 W. 6th St. 
 
 \ Bridges, H. Q., 14 Long's Building. 
 
 Kennett 
 
 Dunklin 
 
 T. R. R. Ely. 
 
 300 
 
 Keytesville 
 
 Chariton 
 
 0. F. Smith. 
 C Hon. Jas. INlcMillan. 
 
 800 
 
 Kingston 
 
 Caldwell 
 
 } t Wm. McAfee. 
 I f Wm. A. Wood. 
 
 900 
 
 Kirksville 
 
 Adair 
 
 A. D. Risdon. 
 
 3,500 
 
 Kirkwood 
 
 St. Louis 
 
 W. C. BRAGG. 
 
 780 
 
 Laclede 
 
 Linn 
 
 0. F. Libby. 
 
 1,700 
 
 La Grange 
 
 Lewis 
 
 J. Muir. 
 
 1,500 
 
 Lamar 
 
 Barton 
 
 Tucker & Cole. 
 
 3,700 
 
 Lancaster 
 
 Schuyler 
 
 James Roby. 
 
 800 
 
 Lathrop 
 
 Clinton 
 
 John A. Cross. 
 
 l,20l> 
 
 Lebanon 
 
 Laclede 
 
 (See Linn Creek.) 
 
 1.419 
 
 Lexington 
 
 La Fayette 
 
 GEORGE PRICE. 
 
 4,990 
 
 Liberty 
 
 Clay 
 
 Samuel Hard wick. 
 
 2,500 
 
 Linn 
 
 Osage 
 
 S. Masbv. 
 
 250 
 
 Linn Creek 
 
 Camden 
 
 CHARLES H. SHUBERT. 
 
 185 
 
 Linneus 
 
 Linn 
 
 A. W. Millans. 
 
 2.000
 
 
 MISSOURI. 
 
 505 
 
 PLACE. 
 
 COUXTY. 
 
 NAMES OF ATTORNEYS. POPULA'n. 
 
 Louisiana 
 
 Pike 
 
 W. H. Biggs. 
 
 4. 3-2.5 
 
 Macon City- 
 
 INIacon 
 
 John F. Williams. 
 
 3,040 
 
 Marble Hill > 
 
 Bollinger 
 
 Geo. E. Conrad. 
 
 267 
 
 Marshall 
 
 Saline 
 
 Samuel Boyd. 
 
 5,000 
 
 Marshfield 
 
 Webster 
 
 (See Linn Creek.) 
 
 655 
 
 Maryville 
 
 Nodaway 
 
 F. D. Snvder. 
 
 3,4i>3 
 
 Maysville 
 
 De Kalb 
 
 H. E. Glazier. 
 
 950 
 
 Memphis 
 
 Scotland 
 
 Wm. T. Kays. 
 
 2.000 
 
 Mexico 
 
 Audriau 
 
 G. B. McFarlane. 
 
 5,000 
 
 Milan 
 
 Sullivan 
 
 John P. Butler. 
 
 1,117 
 
 Moberly 
 
 Randolph 
 
 ^y. A. :NLirtin. 
 
 8.000 
 
 ^lonroe City 
 
 Monroe 
 
 R. B. Bristow. 
 
 1,500 
 
 rNlontuomery City 
 
 Montgomery 
 
 S. S. Xowlin. 
 
 2,500 
 
 Monticello^ 
 
 Lewis 
 
 Clay & Rav. 
 
 400 
 
 Mt. Vernon 
 
 Lawrence 
 
 N. Gibbs. ' 
 
 600 
 
 Neosho 
 
 Xewton 
 
 Joseph Cravens. 
 
 2,000 
 
 Nevada 
 
 Vernon 
 
 Burton & Wight. 
 
 7,000 
 
 New London 
 
 Ralls 
 
 Geo. E. Mayhew. 
 
 610 
 
 New Madrid 
 
 Xew Madrid 
 
 Hatcher & Laforge. 
 
 960 
 
 Nortli Siiringtiold 
 
 Greene 
 
 Ramsey & Lincoln. 
 
 5,000 
 
 Odessa 
 
 Lafayette 
 
 I. W. Whitsett. 
 
 1.500 
 
 Oregon 
 
 Holt 
 
 T. C. Dungan. 
 
 1,200 
 
 Osceola 
 
 St. Clair 
 
 J. H. Lucas. 
 
 600 
 
 Ozark 
 
 Christian 
 
 A. Harrington. 
 
 500 
 
 Paris 
 
 ^Monroe 
 
 A. M. Alexander. 
 
 1,243 
 
 Perryville 
 
 Perry 
 
 Edward Robb. 
 
 800 
 
 Pierce City 
 
 Lawrence 
 
 F. C. Johnston. 
 
 3,500 
 
 Pineville 
 
 McDonald 
 
 H. C. Pepper. 
 
 200 
 
 Platte City 
 
 Platte 
 
 W. C. Wells. 
 
 1,000 
 
 Plattsburgh 
 
 Clinton 
 
 James M. Riley. 
 
 2,000 
 
 Pleasant Hill 
 
 Cass 
 
 Whitsett & Jarrett. 
 
 3,500 
 
 Poplar Bluff 
 
 Butler 
 
 I. M. Davidson. 
 
 1,500 
 
 Potosi 
 
 Washington 
 
 Dinning «& Byrns. 
 
 1,000 
 
 Princeton 
 
 Mercer 
 
 Hyde & Orton. 
 
 1,600 
 
 Rich Hill 
 
 Bates 
 
 C. A. Denton. 
 
 5,123 
 
 Richmond 
 
 Ray 
 
 J. E. Black, Sr. 
 
 2,500 
 
 Eockport 
 
 Atchison 
 
 J. D. Campbell. 
 
 715 
 
 Rolla 
 
 Phelps 
 
 Hon. H. E. Baker. 
 
 2,500 
 
 St. Charles 
 
 St. Charles 
 
 H. C. Lackland. 
 
 7,000 
 
 Ste. Genevieve 
 
 Ste. Genevieve 
 
 Chas. C. Rozier. 
 ( James H. Pratt. 
 
 2,000 
 
 St. Joseph 
 
 Buchanan 
 
 <STAUBER, (R. 0.) & 
 
 40,000 
 
 
 
 i CRANDALL, (M. M.) 
 
 St. Louis. 
 
 St. Louis Coi 
 
 LXTY. Population, 350,522. 
 
 1 Allen, Clifford B., No. 404 Market St. 
 
 iSee Card in Ajypendix, page xii. 
 
 *Coste, Paul F., 509 Olive St. 
 
 See Card in Appendix, page xiii. 
 Bragg, W. C, 600 Olive St. 
 Riddle, John W., '77, 506 Olive St. 
 f Partin, S. B., N. W. Cor. 5th and Chestnut. 
 t Wind, Fred'k A., 509 Olive St. 
 
 Salem 
 
 Dent 
 
 L. B. Woodside. 
 
 2,000 
 
 Salisbury 
 
 Chariton 
 
 W. S. Stockwell. 
 
 1,200 
 
 Savannah 
 
 Andrew 
 
 C. F. Booher. 
 
 1.206 
 
 Sedalia 
 
 Pettis 
 
 W. S. Shirk. 
 
 17,000
 
 506 
 
 
 MISSOURI. 
 
 
 PLACE. 
 
 COUKTY. 
 
 KAMES OF ATTOKNEYS. 
 
 popula'k. 
 
 Seymour 
 
 Webster 
 
 J. G. KENDRICK, '78, 
 
 250- 
 
 Shelbina 
 
 Shelby 
 
 W. O. L. JEWETT, '6G. 
 
 1,288. 
 
 Shelbyville 
 
 Shelby 
 
 P. B. Dunn. 
 
 1,050 
 
 Slater 
 
 Saline 
 
 R. S. Burks. 
 
 1,750 
 
 Springfield 
 
 Ureeu 
 
 JOHN W. JUMP. 
 
 8,500- 
 
 Steelville 
 
 Crawford 
 
 T. R. Gibson. 
 
 675 
 
 Stockton 
 
 Cedar 
 
 J. T. Farris. 
 
 600 
 
 Tipton 
 
 Moniteau 
 
 W. P. Johnson & Son. 
 
 1,000 
 
 Trenton 
 
 Grundy 
 
 S. Peery. 
 
 5,000 
 
 Troy 
 
 Lincoln 
 
 R. H. Norton. 
 
 1,500 
 
 Union 
 
 Franklin 
 
 A. H. Bolte. 
 
 402 
 
 Unionville 
 
 Putnam 
 
 JAMES E. BURNHAM, 
 
 '80. 862 
 
 Van Buren 
 
 Carter 
 
 J. J. Kintz. 
 
 100 
 
 Versailles 
 
 Morgan 
 
 A. W. Anthony. 
 
 1,000 
 
 Vienna 
 
 Maries 
 
 A. Y. Barr. 
 
 183 
 
 Warrensburgh 
 
 Johnson 
 
 f TURNER C. HORNBUCKLE, '83. 
 \ W. W. WOOD, '71. 3,800 
 
 Warrenton 
 
 Warren 
 
 L. J. Dry den. 
 
 1,000 
 
 Warsaw 
 
 Benton 
 
 R. W. Campbell. 
 
 700 
 
 Washington 
 
 Franklin 
 
 R. Hirzel. 
 
 4,000 
 
 West Plains 
 
 Howell 
 
 Livingston & Pitts. 
 
 1,500 
 
 Weston 
 
 Platte 
 
 J. W. Coburn. 
 
 1,500
 
 MISSOURI. 
 
 50T 
 
 BANKS IN MISSOURI. 
 
 Giving the name of town, bank and casliier, and amount ol paid-up capital of one 
 bank in each county of this state in which such a banking institution is located. 
 
 PLACE. 
 
 Albany 
 
 Bethany 
 
 Bolivar 
 
 Boonville 
 
 Bowling Green 
 
 Buffalo 
 
 Butler 
 
 California 
 
 Carrollton 
 
 Carthage 
 
 Chillicothe 
 
 Clinton 
 
 Columbia 
 
 Edina 
 
 Fayette 
 
 Fulton 
 
 Gallatin 
 
 Greenfield 
 
 Harrisonville 
 
 Hermann 
 
 lluntsville 
 
 Independence 
 
 Jefferson City 
 
 Kahoka 
 
 Keytesville 
 
 Kingston 
 
 Kirksville 
 
 Lamar 
 
 Lancaster 
 
 Lexington 
 
 Liberty 
 
 Linneus 
 
 Macon 
 
 Marshall 
 
 Marshfield 
 
 Maryville 
 
 Maysville 
 
 Memphis 
 
 Mexico 
 
 Milan 
 
 Monticello 
 
 Mt. Vernon 
 
 Neosho 
 
 NAMK OF BAKK. 
 
 Gentry County Bank 
 Bethany Savings Bank 
 Bank of Bolivar 
 Central National Bank 
 Citizens' Bank 
 Dallas County Bank 
 Bates County Nat Bank 
 Moniteau National Bank 
 Carroll Exchange Bank 
 First National Bank 
 People's Savings Bank 
 First National Bank 
 Boone County Nat Bank 
 Bank of Edina 
 Payne William's Bank 
 Southern Bank of Fulton 
 Farmers' Exchange Bank 
 Dade County Bank 
 Allen Banking Co 
 Hermann Savings Bank 
 J M Ilammett & Co 
 Chrisman Sawyer Bk'g Co 
 First National Bank 
 Kahoka Savings Bank 
 Farmers' Bk of Chariton Co 
 Caldwell County Bank 
 First National Bank 
 C H Brown & Co 
 Schuyler County Bank 
 Commercial Bank 
 Commercial Savings Bank 
 Combs & Wilkerson 
 First National Bank 
 
 <( i( a 
 
 Bank of Marshfield 
 First National Bank 
 Maysville Bank 
 Citizens' Bank 
 Mexico Southern Bank 
 First National Bank 
 Monticello Savings Bank 
 Mt. Vern(m Bank 
 Bank of Neosho 
 
 M. L. Millen. 
 M. McCollum. 
 W. L. Snodgrass. 
 Wm. S. Stephens. 
 Gabriel Phillips. 
 (J. f. Brownlow."» 
 J. C. Clark. 
 N. C. Rice. 
 E. J. Rea. 
 V. A. Wallace. 
 R. Hawkins. 
 W. D. Tyler. 
 Irvine O. Hockaday. 
 Philip B. Linville. 
 E. W. Bedford. 
 C. W. Jameson. 
 John J. Engart. 
 John A. Ready. 
 B. Doveton. 
 Robert Robyn. 
 Chas. II. Ilammett. 
 
 A. F. Sawyer. 
 Oscar G. Burch. 
 Jas. R. Hume. 
 John C. Miller. 
 John D. Cox. 
 Wm. T. Baird. 
 
 Cliristian Figge. 
 
 B. R. Ireland. 
 Lewis B. Dougherty. 
 J. II. Wilkerson. 
 John Scovern. 
 
 A. S. Van Anglen. 
 
 r Edwin W. Salmon.) 
 il. W. Richmond. 
 Conrad Kochan. 
 N. V. Leslie. 
 II. S. Bicketts. , 
 
 J. C. McCoy. 
 
 B. F. Thompson, 
 •lohn D. Porter. 
 II. F. Jones. 
 
 PAID UP 
 CAPITAL. 
 
 $ 20,000 
 
 22,000 
 10,000 
 
 200,000 
 25,000 
 10,000 
 75,000 
 50,000 
 50,000 
 
 100,000 
 50,000 
 50.000 
 
 100,000 
 20,000 
 20.000 
 50,000 
 25,000 
 25,000 
 25,000 
 
 ; JO. 000 
 
 20,000 
 
 100. 000 
 
 50,000 
 
 10,000 
 
 10,000 
 
 50,000 
 
 50.000 
 
 50,000 
 
 25,000 
 
 75,000 
 
 40,000 
 
 5.000 
 
 50.000 
 
 100,000 
 
 10,000 
 
 100,000 
 
 20,000 
 
 50,000 
 
 , 150000 
 
 75,000 
 
 20,000 
 
 12.500 
 
 25.000
 
 508 
 
 MISSOURI. 
 
 
 
 
 
 PAID UP 
 
 PLACE. 
 
 NAME OP BANK. 
 
 CASHIEU. 
 
 CAPITAL. 
 
 Nevada 
 
 Thornton Banking Co 
 
 J. E. Harding. 
 
 100,000 
 
 New London 
 
 Ralls County Bank 
 
 Wm. Christian. 
 
 20,000 
 
 Oregon 
 
 Montgomery & Roecker 
 
 
 15,000 
 
 Osceola 
 
 St. Clair County Bank 
 
 Jas. P. Landers. 
 
 25,000 
 
 Ozark 
 
 Christian County Bank 
 
 0. M. Nilson. 
 
 5,000 
 
 Palmyra 
 
 First National Bank 
 
 Samuel Logan. 
 
 60,000 
 
 Paris 
 
 National Bank of Paris 
 
 John S. Conyers. 
 
 100,000 
 
 Perryville 
 
 Furth & Wilson 
 
 
 7,000 
 
 Platte City 
 
 Exchange Bank 
 
 A. R. Jack. 
 
 5,000 
 
 Plattsburg 
 
 Clay & Funkhouser Bk'g Ci 
 
 Joel Funkhouser. 
 
 70,00Q 
 
 Princeton 
 
 Bank of Princeton 
 
 C. E. Speer. 
 
 25,000 
 
 Richmond 
 
 J S Hughes & Co 
 
 B. Hughes. 
 
 100,000 
 
 Rockport 
 
 Bank of Atchison County 
 
 A. A. J. Wannschaff. 
 
 35,000 
 
 Rolla 
 
 Nat Bank of Rolla 
 
 D. W. Malcolm. 
 
 50,000 
 
 Salem 
 
 Bank of Salem 
 
 W. A. Young. 
 
 25,000 
 
 Savannah 
 
 Farmers' Bk of Andrew Cc 
 
 » J. F. Waters. 
 
 24,340 
 
 Sedalia 
 
 First National Bank 
 
 J. C. Thompson. 
 
 100,000 
 
 Shelbyville 
 
 Phil. Dimmitt 
 
 
 10,000 
 
 Springfield 
 
 Greene County Nat Bank 
 
 J. D. Sheppard. 
 
 100,000 
 
 St. Charles 
 
 First National Bank 
 
 J. E. Stonebraker. 
 
 50,000 
 
 Steelville 
 
 Bank of Steelville 
 
 Thos. R. Gibson, 
 
 10,000 
 
 St. Joseph 
 
 Saxton National Bank 
 
 J. W. McAlister. 
 
 200,000 
 
 Stockton 
 
 Stockton Exchange Bank 
 
 M. B. Loy. 
 
 15,000 
 
 Trenton 
 
 Union Bank 
 
 Geo. Gilmore. 
 
 30,000 
 
 Troy 
 
 Farmers' & Mechanics' Sav' 
 
 g Bank. H. W. Perkins, 
 
 . 10,000 
 
 Unionville 
 
 Nat Bank of Unionville 
 
 F. H. Wentworth. 
 
 50,000 
 
 Tersailles 
 
 Bank of Versailles 
 
 W. L. Stephens. 
 
 10,000 
 
 Warrensburg 
 
 Bank of Warrensburg 
 
 Wm. P. Hunt. 
 
 25,000 
 
 Warrenton 
 
 Bank of Warren County 
 
 T. J. Fariss. 
 
 10,000 
 
 Warsaw 
 
 Bank of Warsaw 
 
 H. A. Thompkins. 
 
 20,000 
 
 West Plains 
 
 West Plains Bank 
 
 Jos. L. Thomas. 
 
 15,000
 
 TERRITORY OF 
 
 m:ontana. 
 
 SUMMARY OF 
 
 Collection La.\vs. 
 
 Court Calendar, Instructions for taking Depositions, Legal Forms, Etc.. 
 
 Expressly Prepared and Revised to Nov. 1st, 1887, for "Showers' 
 
 Legal Directory and Merchants' Guide," for 1888, by 
 
 Hon. H. R. Comly, of the Helena Bar. 
 
 Acknowledgments.— ( -See -Deeds. ) 
 
 Actions. — Only one form in law or equity, commenced by filing com- 
 plaint. Pleadings, complaint, answer and replication. 
 
 Administration. — Probate court has jurisdiction. Gi-anted to 1st, father ; 
 2d, mother; 3d, brother; 4th, unmarried sister; 5th, public administrator,, 
 and 6th, creditor. Must be citizen of territory. 
 
 Affidavits. — Sworn to before any officer authorized to administer oaths. 
 
 Aliens. — 2^o special statutes. 
 
 Appeals. — Lie from justices' and probate courts to district courts, and 
 from district court to supreme court. 
 
 Assignments and Insolvency. — There is no general law permitting an 
 assignment by an insolvent, except when he has been arrested in an action, 
 when he may assign his property to receive his discharge. 
 
 Attachments. — All property not exempt from execution may be attached 
 by filing sufficient bonds in double the amount claimed, if it be less than one 
 thousand dollars ; if more than ten thousand dollars, then in that amount ; 
 and an affidavit showingTthat defendant is indebted to plaintiff upon a con- 
 tract, express or implied, for the payment of money, gold dust or other 
 property then due, which is not secured by a mortgage, lien or pledge upon 
 real or personal property ; or, if so secured, that the security has become 
 insufficient by the act of the defendent or other means. Attachments may 
 also be had before demand is due : if defendent is leaving or about to leave 
 the territory with all liis or her property, moneys or other ettects which 
 might be subjected to the payment of the debt, for the purpose of defrauding 
 his creditors ; or that defendant is disposing of, or about to dispose of his 
 property subject to execution, for the purpose of defrauding his creditors, 
 which must appear by affidavit. 
 
 The sheriff is directed in the writ to attach sufficient property to cover the 
 demand of plaintiff. Credits or other personal property,, in the possession or- 
 under the control of another, are attached by the sheriff serving upon such
 
 510 MONTANA TERRITORY. 
 
 person a copy of the writ and a notice that such credits, other property, or 
 <lebts, as the case may be, are attached, etc. (See Code of Civil Procedure, 
 chap. 4, title vii, adopted February IG, 1887.) 
 
 Banks and Bankers.— No special laws. 
 
 Bills of Exchange and Promissory Notes. — All declared negotiable. 
 Three days grace. If assigned before maturity, no set off. Due on Sunday 
 or public holiday, deemed to be due the day i)revious. Written notice of 
 protest. Optional with holder of over due bill or note to sue parties collec- 
 tively or severally. 
 
 Bills of Lading. — No special statute. 
 
 Chattel Mortgages. — A chattel mortgage is not good against the rights of 
 tliird parties, unless possession is delivered to mortgagee, or the mortgage is 
 acknowledged and recorded, expressly providing that the mortgagor may re- 
 tain possession. Such mortgage must be recorded in the county where 
 anortgagor i-esided when the same was made, and is good for one year from 
 date of record. A person selling mortgaged chattels during the continuance 
 of the lien, forfeits to the purchaser twice the value thereof, and by act Feb- 
 ruary 11, 1876, is guilty of misdemeanor, and may, on conviction, be fined 
 not less than fifty dollars nor more than five hundred dollars. 
 
 Claims against Decedents' Estates.— Must be presented within four 
 months after notice published, if estate amounts to $10,000, or less. If over 
 •i?10,000 with ten months. 
 
 ^Court Calendar :— 
 
 SUPREME COURT. 
 
 Chief Justice.—^. W. McConnell. Associate Justices.— Wm. J. Galbraith, James 
 'H. McLeary and Thomas C. Bach. Clerk. — I. R. Alden. 
 
 Te)-7iis.— At Helena, 1st Monday in January and 2d Monday in August. 
 
 DISTRICT COURTS. 
 
 The times and places for holding District Courts are subject to be changed by the 
 order of the Supreme Court in term, or of any two of the Justices thereof In vaca- 
 ition. The Supreme Court, at the July, 1887, term, ordered that terras of the District 
 ■Courts be held at the times and places following, until further order: 
 
 UNITED STATES COURTS. 
 
 At Helena— First Mondays in March, July and November. At Deer Lodge— First 
 Mondays in May and December. At Bozeman— Third Mondays of May and Novem- 
 ber. At Miles City — Third Monday in April and fifth Monday in October. 
 
 The terms of the district courts have been fixed as follows: 
 
 FIRST DISTRICT. 
 
 Lewis and Clarke County— First Mondays in March, July and November. Jeffer- 
 .son County— Third Mondays in April and September. Choteau County— First Tues- 
 days after the first Mondays in April and September. 
 
 SECOND DISTRICT. 
 
 Silver Bow County— First Mondays of March and October. Deer Lodge County- 
 First Mondays of May and December. Mistoula County— Second Mondays of June 
 •and November. 
 
 THIRD DISTRICT. 
 
 Gallatin County— First Mondays in May and November. Park County— Third 
 Mondays in March and September. Madison County— Third Mondays of April and 
 ■October. Beaverhead County— First Mondays in April and October. 
 
 FOURTH DISTRICT. 
 
 Meagher County— Fourth Monday in March and second Monday in September. 
 Fergus County— First Monday in April and fourtli Monday in September. Yellow- 
 stone County — First Monday in March and third Monday in October. Custer county 
 —Third Monday in April and fifth Monday in October. Dawson County— Third 
 Monday in May and fourtii Monday in November.
 
 MONTANA TERRITORY. oil 
 
 Deeds, Acknowledgments, etc. — Every conveyance in writin<^ of or al- 
 rcctinj;- real proiierty, must be acknowletlj^eil or prt>vud and certified as hert-- 
 al'ter stated. The proof or acknowledj^rnent may be made within the 
 territory, before tlie secretary of the territory, some jud>^e or clerk of a court 
 having a seal, a notary iniblic, or justice of the peace, the county clerk and 
 cv-officio county lecorder ; without the territory, but within the United 
 States, by some judge or clerk of any court of the United States, or any state 
 or territory having a seal, a notary public, a justice of the jteace, or commis- 
 sioner appointed by the governor of tlie territory for that puri)ose. If taken 
 by a justice of the peace, his official character must be certified to luuler the 
 seal of the court, tribunal, or officer within and. for the county in which such 
 justice of the peace may be acting, which has cognizanee of his official 
 character. 
 
 Form of Certijicnte of Acknowledgment, 
 
 Terkitory of ]\Iontana, I 
 
 County ob' . ^ ' ' 
 
 On this day of , A. D., 18 — , before me , a commissioner for 
 
 the territory of ^lontana, duly commissioned and qualified according to the 
 laws of said territory, in and for said county, i)ersonally appeared , per- 
 sonally known to me to be the person described in, and who executed the 
 foregoing instrument, and who acknowledged to me that he executed the 
 same freely and voluntarily, for the purposes therein mentioned. 
 
 In witness wfiereof, I have liereunto set my hand and affixed my official 
 
 seal, tills day of , A. D. 18 — . 
 
 [l. s.] (Signature and title of officer.) 
 
 Note. — When acknowledgment is taken by officer other than a (commis- 
 sioner, then insert the title of such officer in certificate. » 
 
 Descent and Distribution. — First to wife or husband and one child, one- 
 half each ; 2d, to wife or husband and more than one child, one-third to wife 
 or husband, two-thirds to the children ; ;}d, to father ; 4th, to mother; 5th, 
 to brothers and sisters share and share alike ; Gth, ascending and descending 
 follows common law. 
 
 Depositions. — Dei^ositions of a witness out of the territory, may l)e taken 
 at any time after service of summons or appearance of defendant, by giving 
 adverse party or his attorney five days' previous notice, accompanied with a 
 copy of interrogatories, and suing out of the clerk's office a commission under 
 
 i>eal, to be directed to any commission, or to any judge, justice of the 
 
 l)eace, clerk of a court of record, or notary public of the city or county where 
 the witness resides, authorizing and requiring him to cause such witness to 
 come before him at such time and place as he may designate andappoint, 
 and faithfully to take his or her deposition upon all such interrogations as 
 may be inclosed or attached to such commission, both on the part of the 
 jjlaintiff and defendant, and to certify the same when taken, together with 
 the said commission and interrogations, into the court in which such cause 
 may be pending, with the least possible delay. If issued to any country 
 without the United States, it may be directed to a minister, ambassador, 
 consul, vice-consul, or consular agent of the United States, in such country, 
 or to a i)erson agreed upon by the parties. 
 
 [For sufficient legal forms of caption and (certificate, see forms of Arkan- 
 sas, published in this work.] 
 
 Divorce. — Grranted for liabitual drunkenness, extreme cruelty, a])sence 
 from territory for more than one year, wilful desertion witliout intention of 
 returning, without any reasonable cause.
 
 512 MONTANA TERRITORY. 
 
 If either party at time of marriage, was and continued to be impotent nat- 
 urally ; if ^e or she had a wife or husband living at the time of such mai'i'i- 
 age ; if either party has committed, subsequent to marriage, and that party 
 sueing has not cohabited together after knowledge of the adultery of the 
 other ; wilful desertion and departure from territory without intention of re- 
 turning ; conviction of felony or other infamous crime, provided parties have 
 not lived and cohabited together after conviction. District court has juris- 
 diction and may award alimony, may provide for care and custody of chil- 
 dren. Children's legitimacy not affected. Poor women may sue without 
 costs. 
 
 Dower. — As at common law. 
 
 Executions. — May issue to any sheriff in the territory, and, at the same 
 time, to different counties, and are made returnable in not less than ten nor 
 more than sixty days. Personal property is levied on first ; but if it is not 
 sufficient to pay debt, then upon real property. Sale of the former after judg- 
 ment is made by giving not less than five nor more than ten days' notice ; of 
 the latter, by giving twenty days' notice. There is no stay law. (Code of 
 Civil Procedure, title viii, chap. 1, § 301, et serj.) See Stay of Execution. 
 
 Executors. — Same power as usual in the several states. 
 
 Exemptions. — Homestead, not exceeding 160 acres, in country ; quarter 
 of an acre, if within a town plat, city or village ; and in each case limited to 
 $2,500. Usual personal schedule, and to farmer, implements, stock, seeds, 
 etc., $800; tools, teams and libraries of mechanics, business and professional 
 men ; dwelling of miner, $500 ; his tools and machinery, $500 ; wages of 
 laborer for thirty days preceding the levy, where necessary for the support 
 of the family, are also exempt. Only married persons or the heads of fami- 
 lies can claim the exemption of homestead. 
 
 The foregoing is a correct digest of the exemption laws prior to the act of 
 March 10, 1887, which amends sec. 319, of the chapter concerning exemp- 
 tions, which reads as follows : " See. 310 — The exemption contained in this 
 chapter shall only apply to married men or the head of a family, and none of 
 the personal property herein mentioned shall be exempt from attachment or exe- 
 cution for the wages of any clerk, mechanic, laborer or servant.'''' This indi- 
 rectly repeals all exemptions in favor of single persons ; though evidently an 
 oversight, such is the result. 
 
 Factors. — No special statute. 
 
 False Pretence. — Punished by fine and imprisonment. 
 
 Fraud, Statutes of. — Same as in other states. 
 
 Garnishment. — Debts due defendant in attachment, may be garnisheed. 
 
 Grace. — Thiee days on true bills of exchange and promissory notes. 
 
 Homestead. — Exempt from execution : consists of 100 acres agricultural 
 lands and improvements ; or one fourth of an acre if in town or village, with 
 improvements ; not to exceed in value $3,500. 
 
 Insolvent Laws.— None. 
 
 Interest. — Parties may stipulate for any rate of interest. When no con- 
 tract is made as to interest, the legal rate, ten per cent, per annum, governs 
 after debt is due. There is no usury law. (Cod. Stat., title bills of exchange 
 and i)romissory notes.)
 
 MONTANA TERKITORY. 5i;i 
 
 Judgments. — Arc a lien from time of docketing, oil all real property of 
 debtor. \\ ithiu the county, and on all which may be afterward accjuired by 
 him, lien expiring in six years. A certified transiiript filed with the recorder 
 of another county, extends the lien to such county. 
 
 Justices of the Peace.— Jurisdiction $300. 
 
 Landlord and Tenant. — Tenant holding over after expiration of term, or 
 f;»iling to pay rent when due for three days, landlord may sue before justice 
 of the peace and recover possession. No distraint for rent. General princi- 
 ples otherwise apply. 
 
 Leases. — For more than one year must be in writing. 
 
 License. — Almost all branches of business and professions must pay 
 license. Generally speaking, all but mechanics and laborers. 
 
 Limitations of Suits.— Upon contract or account not in writing, three 
 years ; contracts, obligations or instruments in writing, judgments and de- 
 crees of any court, six years. Revivor : Part payment, acknowledgment or 
 promise in writing. 
 
 Limited Partnerships. — Provided for by statute as generally understood. 
 
 Agreement to form must be recorded. 
 
 Mechanics Liens. — 3Iust l)e sworn to and recorded within three months 
 after completion of work or furnishing material, and foreclosed within a year. 
 
 Married Women. — Can conduct business separate and apart from their 
 husbands, with their separate property, by filing a declaration of their inten- 
 tion so to do. Their separate projjerty is exempt from all debts and liabil- 
 ties of their husband, unless for necessary expenses of her family and chil- 
 dren, but a list of such separate property must be filed in the office of the 
 recorder of the county. 
 
 Minors. — No special statutory provisions, except as to age. Woman's 
 majority, eighteen years ; man's twenty-one years. Under same disabilities 
 as elsewhere. 
 
 Oaths and Affidavits. — No particular form. Taken before any oflScer by 
 law authorized to administer. 
 
 Partnerships. — Same law applies as in other states where no special 
 statutes. 
 
 Promissory Notes. — {See Bills of Exchange.) 
 
 Practice. — Code practice. 
 
 Recording. — Deeds and mortgages must be recorded to charge third par- 
 ties with notice. Instruments to be recorded must be properly acknowledged. 
 
 Redemption. — Of real property from tax sale within one year. Of same 
 after sale on execution, six months. Redemptioner must pay amount, 
 costs, and two per cent, per month on same. 
 
 Replevin. — Action of claim and delivery substicutcd in this territory sim- 
 ilar to all actions of replevin. Proceedings similar. 
 
 Revenue. — Derived by taxation, territorial tax, county tax, and city tax.
 
 514 MONTANA TERRITORY. 
 
 Bevision. — There has been no revision of our laws since the revision of 
 1879, made under authority of Leg. Assmbly, by H. R. Comly, and known 
 as the revised statutes. 
 
 Revivor. — A judgment may be revived after six years on motion, after due 
 notice to judgment debtor. 
 
 Seal. — Is unnecessary to any instrument. This does not inckide official 
 seals such as notary public and the like. 
 
 Security for Costs and other Undertakings. — Security may be required 
 of non-resident i^laintitts, or insolvent plaintitfs. Paupers may sue without 
 costs by making proper affidavit of poverty and facts showing good cause of 
 action. 
 
 Supplementary Proceedings. — Judgment debtor may be examined under 
 oath after execution returned unsatisfied before judge of the court in which 
 judgment is docketed or before a probate judge. 
 
 Stay of Executions. — There is no statutory enactment on the subject, but 
 courts in which actions are tried have discretionary power to grant a stay of 
 execution for a reasonable time. When an appeal is perfected it stays 
 execution. 
 
 Taxes. — Are levied on almost all descriptions of property; are a lien on rea 
 estate, and i^ersonal property may be seized and sold for same. 
 
 Trust Deeds. — "All deeds of gift, all conveyances and transfers, or as- 
 signments, verbal or written, of goods, chattels, or things in action, made in 
 trust for the use of the person making the same, shall be void as against the 
 creditors, existing or subsequent, of such person." General principles apply 
 here as elsewhere. 
 
 Usury. — No usury laws. 
 
 Wages. — There is no exemption of property from claim of hired servant of 
 any kind. 
 
 Wills. — Must be probated. General laws as in other states about the same. 
 
 Witnesses. — Same rules apply as are in force generally in the United 
 States.
 
 MONTANA TERRITORY 
 
 515 
 
 ATTORNEYS IN MONTANA TERRITORY. 
 
 Bold Face Type denotes county seats. A dash (— ) less than 100 population. 
 Figures after names, when admitted to the Bar. A star (*) Notaries Public. 
 A double dagger (J) our Compiler of Laws. 
 A dagger (tj former recommendation withdrawn. 
 
 PLACE. COUNTY. 
 
 Billings Yellowstone 
 
 Bozeman Gallatin 
 
 Butte City Silver Bow 
 Deer Lodge City Deer Lodge 
 
 Dillon Beaver Head 
 
 Ft. Benton Choteau 
 
 Helena Lewis and Clark 
 
 Lewistown Fergus 
 
 Livingston Gallatin 
 
 Miles City Custer 
 
 Missoula Missoula 
 
 Radersburgh Jefferson 
 
 Virginia City ]\[adisou 
 White Sulphur Springs. Meagher 
 
 NAMES OP ATTOKNEYS. POPULA N 
 
 E. M. ILxrdwood. 
 Frank Armstrong. 
 Samuel Word. 
 J. C. Robinson. 
 Thos. J. Galbraith. 
 ]\r. J. Learning. 
 t H. R. Comly. 
 S. W. Darling. 
 Savage & Elder. 
 W. A. Burleigh. 
 S. G. Murray. 
 W. H. Parker. 
 E. J. Conger. 
 Smith & Maddox. 
 
 1,200 
 
 1,800 
 
 10,000 
 
 1.000 
 
 1,100 
 
 1,600 
 
 8,000 
 
 150 
 
 1,800 
 
 3,000 
 
 1,505 
 
 210 
 
 900 
 
 500 
 
 BANKS IN MONTANA TERRITORY. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital of one 
 bank in each county of this territory in which such a banking institution is located. 
 
 Billings 
 Bozeman 
 Butte 
 
 Deer Lodge 
 Dillon 
 Fort Benton 
 ■Glendale 
 Great Falls 
 Helena 
 Miles City 
 Missoula 
 Yirginia City 
 White SulSp'.i 
 
 NAME OF BANK. 
 
 First National Bank 
 Gallatin Valley Nat Bank 
 Fir.st Nationaf Bank 
 Clark & Larabie 
 First National Bank 
 
 (( a a 
 
 N Armstrong & Co 
 First National Bank 
 
 Missoula National Bank 
 Hall Harrington & Co 
 sBank of Meagher Countv 
 
 
 PAID UP 
 
 CASHIER. 
 
 CAPITAL. 
 
 H. H. Mund. 
 
 $ 75,000 
 
 J. E. Martin. 
 
 100,000 
 
 Joseph A. Hyde. 
 
 100,000 
 
 
 100,000 
 
 B. F. White. 
 
 50,000 
 
 
 100,000 
 
 
 50,000 
 
 L. G. Phelps. 
 
 50.000 
 
 E. W. Knight. 
 
 500,000 
 
 H. F. Batchelor. 
 
 50,000 
 
 Fertl. Kennett. 
 
 100.000 
 
 
 50.000 
 
 (Potter Moe& Co.). 
 
 f55,00O
 
 STATE OF 
 
 NEBRASKA. 
 
 SUMMARY OF 
 
 Collection Laws. 
 
 Court Calendar, Instructions for taking Depositions, Legal, P'orms, Etc, 
 
 Expressly Prepared anb Revised to Nov. 1st, 1887, for "Showers' 
 
 Legal Directory and Merchants' Guide," for 1888, by 
 
 Hamilton & Trevitt, of the Lincoln Bar. 
 
 Acknowledgments. — May be made •within the state before judges, clerks 
 of court, county clerks (included by act of March, 1888, which act also 
 legalized all acknowledgments taken theretofore by county clerks and their 
 deputies in legal form), justices of the peace and notaries public. Elsewhere 
 within the United States, before a commissioner apjiointed by the governor 
 of this state for that purpose, or before any officer appointed according to 
 the laws of the state or territory wherein the deed or other instrument in 
 writing is executed and acknowledged. Deeds executed in foreign countries 
 may be made according to the laws thei'eof, and acknowledged before any 
 notary public or ministerial officer, commercial agent or consul appointed ta 
 reside there. 
 
 When acknowledged out of the state, before an officer using an official 
 seal, the instrument shall be entitled to be recorded without further authen- 
 tication. In all other cases the instrument shall have attached thereto a 
 certificate from the clerk of a court of record or other proper certifying offi- 
 cer of the county, district or state within which the acknowledgment was 
 taken, under seal of his office, showing that person vhose name is signed to* 
 the certificate of acknowledgment, was at the date thereof such officer as 
 he is therein represented to be ; that he is well acquainted with liandwriting 
 of such officer ; that he believes said signature to be genuine ; and that the 
 instrument is executed and acknowledged according to the laws of such state,, 
 district or territory. 
 
 Form of Acknowledgment. 
 
 Statp: op Nebraska, ) 
 County of . \^ ' 
 
 On this day of A. D. 18 — , before me , a {title of officer), duly 
 
 and (lualified for and residing in said county, personally came , ta 
 
 me known to be the identical person — described in and who executed the 
 foregoing conveyance as grantor — , and acknowledged the said instrument 
 to be voluntary act and deed. 
 
 Witness my hand and the day and year last above written. 
 
 {Signature.) 
 
 Actions. ^ — There exists no distinction between actions at law and suits in 
 c'<iuity, and but one form of action, called a civil action. Every action must 
 be prose-cut ed in name of real party in interest, except that executors, etc., 
 
 [Neb. 1.1
 
 NEBRASKA. 517 
 
 or person in whose name a contract is made for benefit of another or person 
 authorized by statute may bring an action without joining person for wliose 
 benefit it is prosecuted. Assignee of chose in actiou may maintain an action 
 in his own name. 
 
 A civil action is commenced by filing with clerk of court a i)etition and 
 causing summons to be issued thereon. Actions for recovery of real estat'' 
 or an interest therein, or for partition of same or for sale of same, under mort- 
 gage or other lien, must be brought in county where subject of action is situ- 
 ated. An action against non-resident, other tlian above mentioned, may be 
 brought in any county in which may be found property of or debts owing to 
 said defendant, or where he may be found. Other actions may be brought 
 in county in which defendant or some of defendants reside or may be sum- 
 moned. 
 
 The code is veiy similar to that of Ohio. A non-resident person or cor- 
 poration having any interest in land, may appoint an agent resident therein 
 by instrument acknowledged as a deed, filed with county clerk in the county 
 where the land lies. Service in such case is made upon the agent, as in other 
 cases of residents, and any publication of service against such uou-resident 
 owner is invalid. 
 
 Administration. — Of Estates of Deceased Persons. — Is granted. 1st. To 
 willow or next of kin, or both, or to such person as they may request to be 
 appointed. 2nd. If parties mentioned neglect for thirty days to apply for 
 same, their administration granted to one or more of principal creditors, if 
 competent and willing to act. 3rd. If no creditor be competent or willing 
 to act, administiation granted to such i)erson or persons as judge of probate 
 may think proper. 
 
 If on the return of inventory of any estate it appears saleable, estate does 
 not exceed in value $150, the whole may be assigned to widow and children 
 after paying funeral charges and costs. If the personal estate amounts to 
 more than $150, the same is applied to payment of debts, etc., and residue 
 distributed to heirs. 
 
 The probate court is required to allow a suitable time for creditors to pre- 
 .sent their claims for examination and allowance, which time shall not be less 
 than six months nor exceed eighteen months. 
 
 AflB.davit. — An affidavit may be used to verify a'pleading ; to prove the 
 service of a summons, notice or other process, in an action; to obtain a pro- 
 visional remedy; an examination of a witness; a stay of proceedings, or upon 
 a motion, and may be made in and out of this state before any person author- 
 ized to take depositions and must be authenticated in the same way. 
 
 Aliens. — Persons of foreign birth, who shall have declared their intention 
 to become citizens conformably to laws of the United States on subject of 
 naturalization, at least thirty days prior to an election are qualified electors. 
 No non-resident alien can hereafter acquire or hold any real estate or interest 
 therein by purchase, devise or descent. (Laws, 1887.) 
 
 Appeals and Error. — Appeal lies from justice of peace to district court 
 in all cases, except where neither party demands a greater sum than $20 and 
 case was tried by jury. In all matters of probate from county court to dis- 
 trict court. In equitable actions from district court to supreme court. A 
 judgment rendered or final order made by a probate court, justice of the 
 peace or any other tribunal, board or officer exercising judicial functions and 
 inferior in jurisdiction to district court, may be reversed, vacated or modi- 
 fied by district court, and a judgment rendered or final order made by the 
 district court may be reversed, vacated or modified by the supreme court, for 
 errors appearing on the record. 
 
 Arrest.— (*S^e Attachment.) 
 
 INeb, 2.]
 
 518 NEBRASKA. 
 
 Assignments and Insolvency. — There is no insolvent law. Assignments 
 for benefit of creditors are regulated by act of February 26, I880. Full 
 authority and jurisdiction is conferred on county courts to execute and carry 
 out the provisions of tlie act. Sheriff of county where assignor resides to be 
 first assignee. Assignment to be filed with county clerk for record within 
 twenty- four hours after its execution, and within thirty days after its execu- 
 tion the assignment must be filed for record in every other county in which 
 there shall be real estate situate, therein conveyed. Sherift", as assignee, to 
 be responsible on his official bond. Within ten days after such assignment, 
 assignor shall file with county judge a sworn inventory, showing names and 
 residences of all creditors; amount and nature of each debt or liability, and 
 how arising; the true consideration of each debt, and where it arose ; every 
 mortgage, judgment, or other security for the payment of any such debt or 
 liability ; all property exempt by law from execution, and all other property 
 of every kind and nature, and its value. County judge to fix a day, not 
 more than fifteen days after receiving such inventory, for meeting of credi- 
 tors, at his office, to choose assignee to succeed sheriff. Each creditor to be 
 informed of such meeting by notice addressed to his place of residence. 
 Assignee thus chosen must have received votes of creditors representing a 
 majority of the gross indebtedness, and the votes of not less than one-third 
 of all the creditors. Sheriff shall be eligible. Assignee thus elected imme- 
 diately to make out inventory and appraisement of entire estate assigned. 
 On the day of meeting of creditors, county judge to fix a day, not less than 
 thirty nor more than sixty days thereafter, within which claims must be 
 filed against estate. All creditors to be notified of the day so fixed. Claims 
 not so filed to be barred from any dividend or interest in estate. Assignee 
 to report first of every month. Within three months after date of inventory, 
 court to order distribution of all funds in hands of assignee. If no assignee 
 elected, sheriff to continue as, and discharge the duties of, assignee. 
 
 Attachments — Attachment process will issue when defendant is non- 
 resident or a foreign corporation, when the claim is on debt or demand aris- 
 ing on contract, judgment or decree ; and in other cases when he is about to 
 remove, assign or dispose of property, has absconded, etc. In all cases of 
 attachment an affidavit must be filed before the order of attachment issues, 
 and a bond must be filed in double the amount of the debt, excepting when 
 the debtor is a non-resident of the state. The body of the debtor may be 
 attached for fraudulently concealing or removing his property, or when he 
 has fraudulently contracted the debt or incurred the obligation for which 
 suit is brought. Garnishee process may be had either in aid of attachment 
 or execution. 
 
 Form of Affidavit and Undertaking in Attachment. 
 
 State of Nebraska, ^ plaintiff, 
 
 > ss. vs. 
 County op . ) defendant. 
 
 In the district court of the judicial district of Nebraska, held within 
 
 and for the county of . 
 
 The said , plaintiff, being first duly sworn, on his oath says that the 
 
 said , plaintiff", has commenced an action in the above named court 
 
 against the said , defendant, to recover of the said defendant the sum of 
 
 dollars, now due and payable to the said plaintiff from the said defend- 
 ant on , that said plaintiff's claim is just ; that affiant believes the said 
 
 plaintiff" ought to recover of and from the said defendant the sum of 
 
 dollars. And affiant further saith that the said defendant and further 
 
 affiant saith not. 
 
 Subscribed in my presence and sworn to before me, this day of , 
 
 A. D. 18—. , Clerk. 
 
 [Neb. 3.1
 
 Lss. 
 
 NEBRASKA. 519 
 
 State ok Nebraska, 
 County of . 
 
 Whereas, , has ooiumenccd a civil action against , in the district 
 
 court of the judicial district of Nebraska, held within and for the 
 
 county of , to recover of the said , the sum of dollars, and 
 
 whereas the said has applied to the clerk of said court, by filing the 
 
 necessary affidavit for an order of attachment, to be issued in the said action 
 
 against the said . 
 
 Now, therefore, ve and hereby undertake to the said in the 
 
 penal sum of dollars, that the said shall pay to the said all 
 
 ♦lamages which the said may sustain by leason of said attachment, if 
 
 the order should have been wrongfully obtained. 
 
 Dated this day of , A. D. 18—. 
 
 T, , clerk of the above named court, do hereby approve the above 
 
 undertaking, and the sureties thereto, this day of A. D. 18 — . 
 
 , Clerk. 
 
 Form of Order if Attarh)ae>it. 
 
 ^7^7™ ^^^«-^^V: I s... District court of county. 
 
 County op . S 
 
 , plaintiff, ') The State of Nebraska, to the Sheriff of said county, 
 
 , defendant, ) Greeting- : 
 
 Whereas, has filed the necessary affidavit to obtain an order of 
 
 attachment against , in an action wherein is plaintiff — , and . 
 
 defendant — , now pending in the district court of county, to recover the 
 
 sum of dollars. 
 
 Tlierefore you are commanded to attach the lands, tenements, goods, chat- 
 tels, stocks or interest in stocks, rights, credits, moneys, and effects of the 
 
 <lefendant in your county not exempt by law from being applied to the 
 
 payment of the plaintiff's claim, or so much thereof as will satisfy the 
 
 ]ilaintifi''s clami of dollars, and dollars, the i)robable cost of this 
 
 action. 
 
 You will make due return of this order on tin; ilay of , A. 
 
 D. 18—. 
 
 Witness my hand mid the seal of said court at this dav of . 
 
 A. D. 18—. 
 
 , Clerk, 
 
 By , Deputy. 
 
 Banks and Banking. — Every bank, cori)oration, firm, or person engaged 
 in banking, etc., general brokerage or loaning business, leciuired to make 
 report annually, in December, to the state auditor, of their condition, 
 resources and liabilities. 
 
 Chattel Mortgages. — Are valid against bona fide jiurchasers and creditors, 
 if the instrument or a true copy thereof shall be filed in the office of the 
 county clerk of the county where the mortgagor resides, or, in case he is a 
 non-resident, in the county where the i)roperty is situated. A bill of sale, in 
 the nature of a chattel mortgage, is good as to the parties to it, without being 
 filed as the statute directs. The mortgage need not be acknowledged. The 
 mortgage ceases to be valid against creditors, purchasers,- or mortgagees in 
 good faith, after the expiration of five years after the filing thereof. Every 
 chattel mortgage, containing power of sale to mortgagee, may be foreclosed 
 (Neb. 4.1
 
 520 NEBRASKA. 
 
 by sale without proceedings in court. Sale or mortgage of chattels, unless 
 followed by an artual and continued change of possession, is prima facie 
 fraudulent and void as against creditors and subsequent bona fide purchas- 
 ers. As between the parties, a chattel mortgage need not be in writing. A 
 mortgage of goods and chattels, with possession and power of sale in the 
 mortgagor, is void against the creditors of such mortgagor. Thei'e is no 
 time specified by statute within which chattel mortgages must be foreclosed. 
 It is made a felony for a mortgagor of chattels, during the existence of a 
 mortgage lien, to sell or remove the property out of the jurisdiction of the 
 district court of the county where the property was when mortgaged without 
 the consent of mortgagee, and with intent to deprive him of his security, 
 with penalty of imprisonment in the penitentiary not exceeding ten years, 
 and fine not exceeding one thousand dollars. 
 
 Form of Chattel Mortgage. 
 
 Knou} all men by these j)resents : That , of the county of and state 
 
 of , in consideration of the sum of dollars, to me in hand paid by 
 
 • of party of the second part, the receipt whereof is hereby acknow- 
 ledged, have bargained and sold, and by these presents do grant and convey 
 unto the said party of the second part, his heirs and assigns, etc., the fol- 
 lowing goods, chattels, and property, to-yit : . 
 
 The above described chattels are now in my possession, are owned by me, 
 and free from all incumbrances in all respects ; 
 
 To have and to hold the same forever; and I, the s^id party of the first 
 part, will forever warrant and defend the same against all persons whomso- 
 ever ; upon condition, however, that if the said shall pay to the said 
 
 , his heirs, assigns, etc., his promissory note dated and de- 
 scribed as follows, to-wit: One for dollars, payable 18 — ; one for 
 
 dollars, payable 18 — ; one for dollars, payable 18 — ; and 
 
 one for dollars, payable 18 — , with interest at the rate of • per 
 
 cent, per annum, from , according to the tenor thereof, then these pres- 
 ents to be void, otherwise in full force. 
 
 And I, the said , do hereby covenant and agree to and with the said 
 
 , that in case of default made in the payment of the above mentioned 
 
 promissory note , or in case of my attempting to dispose of or remove 
 
 from said county of , the aforesaid goods and chattels, or any part 
 
 thereof, or if at any time the said mortgagee, or his assigns, should feel 
 unsafe or insecure, then, and in that case, it shall be lawful for the said 
 mortgagee, or his assigns, by himself or agent, to take immediate possession 
 of said goods and chattels wherever found, the possession of these presents 
 being his sufficient authority therefor, and to sell the same at public auction, 
 or so much thereof as shall be sufficient to pay the amount due or to become 
 due, as the case may be, with all reasonable costs pertaining to the taking, 
 keeping, advertising, and selling of said property, together with the sum of 
 
 $ •, as liquidated damages for non-fulfillment of contract. The money 
 
 remaining, after paying said sums, if any, to be paid on demand to the said 
 party of the first part. 
 
 Said sale to take place , in the county of and state of , after 
 
 giving at least twenty days' notice of such sale, by advertisement published 
 in some newspaper printed in the county in which such sale is to take place ; 
 or in case no newspajiers are printed therein, by posting up notices in at 
 least five public places in said county, two of which shall be in the iirecinct 
 where the mortgaged property is to be offered for sale. 
 Witness my hand and seal this day of , 18 — , 
 
 Witness : 
 •) 
 
 *i . [SEAL.] 
 
 (The instrument must be acknowledged and recorded same as a deed, 
 tmless the mortgagee take possession of the mortgaged chattels. ) 
 
 [Neb. 5.]
 
 NEBRASKA. 521 
 
 Claims against Decedents' Estates.— (&e Administration.) 
 
 Conditional Sales of Personal Property. — All sales, contracts or leases 
 of personal proi)erty on coniUtlon are void against purchasers and judgment 
 creditors of vendee or lessee, unless in writing, signed by vendee, and copy 
 filed in the office of county clerk, which copy shall have vendor's affidavit of 
 name of vendee, description of property and true interest of vendor or lessor 
 therein. Such contracts cease to be valid in five years, unless re-filed thirty 
 days before expiration thereof. This does uot ai)ply to chattel mortgages. 
 
 Corporations. — Any number of persons may be associated and incorpora- 
 ted for the transaction of any lawful business, including the construction of 
 -canals, railways, bridges, and other works of internal improvement. Every 
 corporation as such, has power : 1st. To have succession by its corporate 
 same. 2nd. To sue and be sued, to complain and defend in courts of law 
 and e(iuity. 3rd. To make and use a common seal, and alter the same at 
 pleasvire. 4th. To hold personal estate, and all such real estate as may ba 
 necessary for the legitimate business of the corj^oration. 5th. To render the 
 interest of the stockholders transferable. 6th. To appoint such subordinate 
 officers and agents as the business of the corporation shall require, and to 
 allow them a suitable compensation therefor. 7th. To make by-laws, not 
 hiconsistent with any existing law, for the management of its affairs. 
 
 Must adopt articles of incorporation and file same with county clerk. In- 
 debtedness not to exceed two-thirds of capital stock. Must publish annually 
 notice of indebtedness. Can convey lands under seal of corporation and 
 signed by presiding officer of board of directors. Foreign insurance com- 
 panies before transacting business in the state must first procure certificate 
 from state auditor. Corporations not incorporated under laws of the state 
 can not acquire or hold real estate. (Laws, 1887.) 
 
 Costs. — Security for costs required when plaintiff is a non-resident of the 
 Tounty wherein action is brought, or when a company sues in its partnership 
 lame. 
 
 Courts. — Terms and Jurisdiction : 
 
 District Courts have original jurisdiction in all matters exceeding $300, 
 and concurrent jurisdiction with county courts where the debt is over $200 
 and not exceeding $1000. 
 
 County C<?«7-<« have regular terms. County court begins on the first Monday 
 of each calendar month, lasting to the third Monday, when all causes not 
 disposed of go over to the next regular term. County courts are courts of 
 record, and given a civil jurisdiction up to $1,000 (so increased by act of 
 February 26, 1883). County courts have also jurisdiction of a justice of 
 the peace, and have full probate powers. 
 
 Justices of the Peace are given a iurisdiction up to $200. , 
 
 Court Calendar.— 
 
 I'NITED STATES CIRCUIT COURT. 
 
 .Tmtice. — Samuel F. Miller, Iowa ; CHrcuit Judge, D. J. Brewer, Leavenworth, 
 Kansa.s; District Judge, Khner S. Dundv, Omaha; Clerk Circuit Court, Elmer D. 
 Frank ; Clerk Disti-ict Court, K. S. IJundy, .Jr. 
 
 Terms.~lst Monday .January at Lincolu, 1st Monday May, 2d Mondaj' November 
 at Omaha. 
 
 United States District Courts same as above, with monthly adjournments. 
 
 SUPREME COURT OF NEBRASKA. 
 
 diief Ju.ttice, Samuel Maxwell, Fremont; Associate Juslicex, M. B. Reese, Wahoo; 
 Amasa Cobb, Lincoln ; Clerk and Reporter, Quy A. Brown, Lincoln; Deiniiij Clerk, 
 H. H. Wheeler, Lincoln; Bailiff, H. F. Rose, Lincoln. 
 
 Court meets in Lincoln 1st Monday January, 1st Monday July. 
 
 INeb. 6.]
 
 522 
 
 NEBRASKA. 
 
 County. County Seat. 
 
 Adams Gage 
 
 Antelope .... Oakdale 
 
 Blaine 
 
 Brown 
 
 Boone Boone 
 
 Burt Tekamah . . . 
 
 Butler Buffalo 
 
 Buffalo Wheeler . . . . 
 
 Box Butte. . . . Dawes 
 
 (Jass Plattsmouth. . . 
 
 Chase Greeley 
 
 Clay Clay Centre. . . 
 
 Cedar yt. Helena . . . 
 
 Cherry 
 
 Cheyenne. . . Sidney 
 
 Colfax Schuyler . . . . 
 
 Custer Custer 
 
 Cuming West Point.. . . 
 
 Ltawcs Dawes 
 
 Dakota Dakota.l 
 
 Dawson Richardson.. . 
 
 Doughts .... Omaha 
 
 Dodge Dodge 
 
 Dixon 
 
 Dundy 
 
 Franklin ,. . .Franklin 
 
 Fillmore .... Geneva 
 
 Frontier 
 
 Furnas Beaver City. . . 
 
 Garfield Lincoln . . . . 
 
 Gage Beatrice . . . . 
 
 Gasper 
 
 Greeley Holt 
 
 Hayes Washington . . 
 
 Hamilton. . . . Aurora 
 
 Hall Grand Island. . 
 
 Harlan Custer 
 
 Howard St. Paul 
 
 Holt ONeil City.. . . 
 
 Hitchcock . . . Culbertson. . . . 
 
 Jefferson Custer 
 
 Johnson .... Nemaha . . . . 
 
 Kearney .... Buffalo 
 
 Keith Ogallala . . . . 
 
 Knox Niobrara 
 
 Keya Paha.. . Holt 
 
 Lancaster. . . . Lincoln 
 
 Lincoln Lancaster.. . . 
 
 Logan Logan 
 
 I.1OUP 
 
 Madison .... Madison . . . . 
 
 Merrick Merrick . . . , 
 
 Nance Fullerton . . . , 
 
 Nemaha . . . .Nemaha 
 
 Nuckolls .... Nelson 
 
 Otoe Nebraska City. 
 
 Pawnee Pawnee , 
 
 Platte 
 
 Phelps . . . , . Phelps 
 
 Pierce Pierce .... 
 
 Polk Osceola .... 
 
 Red Willow . . Red Willow . 
 
 . Falls (;ity. . . 
 
 . Papillion.. . . , 
 Wahoo, 
 
 DISTRICT COURTS. 
 
 Dist. When held 
 
 June 8th, November Itith. 
 
 March 9th, September 2Lst. 
 
 Not fixed. 
 
 March 16th, September 28tli. 
 
 May 4th, November 23d. 
 
 April 19th, September 27th. 
 
 June 14th, December 13th. 
 
 April 19th, December 13th. 
 
 Not fixed. 
 2 April 20th, September 28th, November 30th, 
 
 11 Not fixed. 
 
 5 May 1 1 th, October 18th. 
 
 7 P'ebruary 23d, September 7th. 
 
 12 March 23d, October 8th. 
 
 10 May 10th, November 29th. 
 4 April 26th, November 1st. 
 
 J une 14th, November 8th. 
 March 22d, October 12th. 
 February 6th, August 30th. 
 March 2d, September 14th. 
 March 8th, September 2uth. 
 February Ist, May 17th, September 20th. 
 May 10th, November 15th. 
 April 13th, November 9th. 
 May 17th, October 19th. 
 June 9th, December 27th. 
 May 25th, November 2d. 
 jii May 24th, September 28th. 
 
 11 March 16th, November 3d. 
 November 15th. 
 
 February 1st, May. 17th, September 13thi 
 May 31st, October 7th. 
 April 13th, November 4th. 
 May 19th, October 18th. 
 March 9th, September 21st. 
 February 23d, September 7th. 
 January 8th, November 22d. 
 March 23d, October 5th. 
 February 10th, August 31st. 
 May 20th, October 20th. 
 April loth, September 6th. 
 April 12th, November 15th. 
 
 8 January 11th, November 17th. 
 10 March 22d, October 4th. 
 
 7 April 27th, October 26th. 
 
 12 October 4th. 
 
 2 February 22d, May 17th, October 11th. 
 10 March 29th, October 11th. 
 10 June 24th. 
 
 9 April 26th. 
 
 7 March 9th, September 28th. 
 4 March 29th, October 11th. 
 
 4 March 22d, October 4th. 
 
 1 March 29th, November 1st. 
 
 5 "" ' " 
 
 Richardson 
 
 Sarpy 
 
 Saunders.. . 
 
 Saline Wilber . 
 
 Stanton .... Stanton . . 
 
 Sheridan Garfield. . 
 
 Sherman .... Furnas. . . 
 
 Seward Seward... 
 
 Sioux Sheridan . 
 
 Thayer York . . . 
 
 Valley Douglas . 
 
 Wayne Wayne . . 
 
 Washington . . Blair . . . 
 Webster .... Dodge . . 
 Wheeler .... Wheelerj . 
 York York . . . 
 
 May 4th, September 27th. 
 
 2 March 30th, September 14th, November 16th^ 
 
 1 May 3d, December 16th. 
 
 4 April 12th, October 18th. 
 
 8 March 2d, November 15th. 
 7 April 6th, October 27th. 
 
 6 March 30th, October 19th. 
 
 11 May 26th, September 30th. 
 
 1 March 8th, June 14th, October 11th. 
 
 3 April 26th. 
 
 4 May 24th, November 29th. 
 
 5 March 29th, October 4th. 
 
 7 April 19th, November 16th. 
 
 12 February 18th, September 8th. 
 10 April r2th, October 25th. 
 
 6 April 5th, November 8th. 
 12 Not fixed. 
 
 5 April 20th, September 14th. 
 
 9 April 16th, November 8th. 
 
 7 April fith, November 3d. 
 
 3 April 15th, September 13th. 
 
 8 June 2d, December 7th. 
 
 9 October 20th. 
 
 6 April 27th, November .30th. 
 
 [Neb. 7.1
 
 NEBRASKA. 623 
 
 Curtesy. — Wlien any man or his wife shall be seized in her right of any 
 estate of inlu-iitanee in lands, the husband, on the death of his wife, holds 
 the lands fur his life, as tenant thereof by eurtesy ; i>rovided, that if the 
 wife, at her death, shall have issue by any former luisband, to whom the 
 estate might deseend, such issue takes the same, discharged from the right 
 of the surviving husband to hold the same as tenant by the curtesy. 
 
 Deeds. — Of real estate or any interest therein, except leases for one year 
 or less time, must be signed by the grantor, being of lawful age, in presence 
 of at least one competent witness, who shall subsoibe his name as a witness 
 thereto and be acknowledged or proved and recorded. — (Hee Acknowledg- 
 ments. ) 
 
 Form of Warranty Deed. 
 
 Know all men by these presents, That , of the county of and 
 
 state of , for and in consideration of the sum of dollars, in hand 
 
 paid, do hereby grant, bargain, sell, convey and conform unto , of the 
 
 county of • and state of , the following described real estate, 
 
 situated in , in ■ county and state of , to-wit : and 
 
 do hereby covenant with the said and , heirs and assigns, 
 
 that lawfully seized of said premises ; that they are free from incum- 
 brance ; that ha — good right and lawful authority to soil the same ; 
 
 and • do hereby covenant to warrant and defend the title to said prem- 
 ises against the lawful claims of all persons whomsoever. 
 
 And the said hereby lelinquishes all in and to the above 
 
 described premises. 
 
 Signed this day of , A. D. 18 — . (Signature.) 
 
 In presence of 
 
 Form of Quit Claim Deed. 
 
 Know all men by these presents, That , of the county of and 
 
 state of , for the consideration of dollars, hereby quit claim to 
 
 , of the county of , state of , the following described real 
 
 estate, situate in , in the county of , and .state of , to-wit: 
 
 In witness whereof, have set — hand this day of , 18 — . 
 
 In presence of } (Signature.) 
 . ^ {Signature.) 
 
 Descent. — When any person dies seized of any lands, tenements or heredi- 
 taments, or of any right thereto, or entitled to any interest therein in fee 
 simple, or for the life of another, not having lawfully devised the same, they 
 descend, subject to his del)ts, in the manner following ; 1st. In eciual shares 
 to his children, and to the lawful issue of any deceased child, by riglit of 
 representation ; and if there be no child of the intestate living at liis death, 
 his estate descends to all his otlier lim-al descendants ; and if all the said 
 descendants are in the same degree of kindred to the intestate, they have the 
 estate equally ; otherwise they take according to the right of representation. 
 2nd. If he have no issue, his estate descends to his widow during her natural 
 lifetime, and, after her decease, to his father; and if he have no issue nor 
 widow, his estate descends to his father. 3rd. If he have no issue, nor 
 widow, nor father, his estate descends in equal shares to his brothers and 
 sisters, and to the children of any deceased brother or sister, by right of 
 representation ; provided, that if he have a mother also, she takes an equal 
 share with his brothers and sisters. 4th. If the intestate leaves no issue, 
 nor widow, nor lather, and no brother nor sister living at his death, his 
 estate descends to his mother, to the exclusion of the issue, if any, of tlie 
 deceased brother and sister. 5th. If the intestate leave no issue, nor v/idow, 
 [Neb. 8.]
 
 524 NEBRASKA. 
 
 and no father, motlier, brother, nor sister, his estate descends to his next of 
 kin, in equal degree, excepting that when there are two or more collateral 
 kindred in equal degree, but claiming through difierent ancestors, those who 
 ■claim throvigh the nearest ancestor shall be preferred to those claiming 
 through an ancestor more remote ; provided, however, 6th. If any person 
 ■dies leaving several children, or leaving one child, and the issue of one or 
 move other children, and any such surviving child dies under age, and not 
 having been married, all the estate that came to the deceased child, by in- 
 heritance from .-luch deceased parent, descends in equal shares, to the other 
 children of the same parent, and to the issue of any such otlier children 
 wlio shall have died, by right of representation. 7th. If, at the death of 
 .such child who shall die under age, and not having bpen married, all the 
 other children of his said parent shall also be dead, and any of them shall 
 have left issue, the estate that came to said child, by inheritance from his 
 said parent, descends to all the issvie of other children of the same parent ; 
 and if all the said issue are in the same degree of kindred to said child, they 
 .share the said estate equally, otherwise tl ey take according to the right of 
 representation. 8th. If the intestate leaves a widow, and no kindred, his 
 estate descends to such widow. 9th. If the intestate shall "have no widow, 
 nor kindred, his estate escheats to the people of the state. 
 
 Depositions. — The deposition of any witness may be used only in the fol- 
 lowing cases: 1st. When the witness does not reside in the county where 
 the action or proceeding is pending, or is sent for trial by change of venue, 
 or is absent therefrom. 2nd. When from age, infirmity, or imprisonment, 
 the witness is unable to attend the court, or is dead. 3d. When the testi- 
 mony is required upon a motion, or in any other case whei'e the oral exami- 
 nation of a witness is not required. 
 
 Form of Notice to taJce Depositions. 
 
 State of Nebraska, j> In the district court of the judicial district 
 
 County of . *i ' of Nebraska, in and for county. 
 
 , plaintiff, i 
 
 vs. > Notice to take depositions. 
 
 -, defendant. 
 
 The above named will take notice, that on the day of 
 
 , 18 — , the said will take the depositions of , sundry wit- 
 nesses, to be used as evidence on the trial of the above entitled cause, at 
 
 , in the of county of ■ and state of , between 
 
 the hours of A. M. and ■ P. M. of said day, and the taking of 
 
 said depositions will be adjourned fi'om day to day, between the same hours, 
 until they are completed. 
 
 Received copy of the above notice ~i 
 
 rthis day of , A. D. 18 — . > , Attorney — for . 
 
 , Attorney — for . ) 
 
 Form of Instructions for taking Deposition$. 
 
 CEO IX WITH THE FOI.LOWIXG CAPTION. 
 
 " Depositions of sundry witnesses taken before me, (here insert the name 
 of the magistrate and his official character as a justice of the peace or notary 
 
 public, etc.,) within and for the county of , in the state of , oil 
 
 the day of , in tiie year , between the hours of A. 
 
 ]M. and P. M., at , in said county, pursuant to the annexed 
 
 notice (or agreement as the case may be) to be read in evidence in behalf of 
 
 the (plaintiff or defendant as the case may be) in an action pending in 
 
 (naming the court) in which plaintift' and defendant." 
 
 "A. B,, of lawful age, being by me first duly examined, cautioned, and 
 
 [Neb. 9.]
 
 NEBRASKA. 525 
 
 solemnly sworu, as hereinafter certified (or affirmed) deposcth and sayetli as 
 follows, viz. :" (here write the deposition) and so on with all the witnesses. 
 
 The deposition may be taken by stating the faets in reply to questions first 
 written down, or in a narrative form. 
 
 In Nebraska they may be takon before a judge or clerk of the supreme or 
 district court, jirobatii judge, or before a justice of the i)eace, notary public, 
 mayor, or chief magistrate of any city or town corporate, master, commis- 
 sioner, or person empowered by special commission, out of Nebraska, by a 
 judge, justice, or chancellor of any court of record, a justice of the peace, 
 notary public, mayor, or chief magistrate of any city or town corporate, 
 commissioner appointed by the governor of Nebraska, to take depositions, 
 or any person authorized by special commission. 
 
 If there are adjournments, they should be noted by the magistrate or other 
 officer taking the depositions, from day to day at the close of the day, with 
 the reasons therefor. 
 
 Objectio/ts should be entered to the witnesses supposed to be interested, 
 and to questions supposed to be illegal. This entry is made on behalf of the 
 party raising the objection, simply by a short note made by the magistrate 
 or officer taking the depositions. 
 
 Each witness jnust sign his own deposition. 
 
 The notice must be attached to the depositions and enclosed with them. 
 
 The deposition must be commenced on the day named, and some portion 
 of a deposition taken on each successive day, Sundays excepted, adjourn- 
 ments being from Saturday to Monday, Sundays and national holidays not 
 being regarded. 
 
 "When depositions are taken under an agreement, the above instructions 
 will be followed, except where they are modified by the agreement. In such 
 case the agreement will be followed. It should be attached to deposition, 
 if sent, and referred to in the caption, as the notice is when taken under a 
 notice. 
 
 If taken by interrogatories and cross-interrogatories, under agreement or 
 otherwise, every interrogatory and cross-interrogatory must be put to each 
 witness, and answered as far as he can answer it, and the answer be written 
 down. The deposition must show that each interrogatory and cross-interro- 
 gatory was thus be put and answered. 
 
 The fees for taking the depositions should be taxed, and a memorandum 
 made by whom they were paid. Close the depositions with a certificate in 
 the form following, viz. : 
 
 "I, A. B. (naming the official character of the magistrate, according to the 
 fact) do hereby certify that (naming all the witnesses who have testified) 
 were by me first severally duly sworn (or affirmed) to testify the truth, the 
 whole truth, and nothing but the truth, and that the depositions, by them 
 respectively subscribed as above set forth, were reduced to writing by myself 
 (or if by any other person, name him, and say by , who is not inter- 
 ested in the suit, in my presence), and in the presence of the witnesses 
 respectively, and were respectively subscribed by the said witnesses in my 
 presence and were taken at the time and place in the annexed notice (or 
 agreement) specified ; that I am not counsel, attorney, or relative of cither 
 party, or otherwise interested in the event of this suit ; (if there be adjourn- 
 ments, add) and said depositions were commenced at the time in said notice 
 sj)ecified, and continued by adjounmients from day to day, as above stated. 
 (Signed.) In testimony whereof, etc., A. B." 
 
 Depositions taken before any authorized officer having an official seal must 
 be certified by him under such seal and his official signature. If the officer 
 have no official seal, the deposition (if not taken in this state) must be certi- 
 fied and signed by such officer, and further authenticated by parol proof 
 adduced in court, or by the official certificate and seal of any secretary or 
 other officer of state keeping the great seal thereof, or ot the clerk or pro- 
 thonotary of any court having a seal, attesting that such judicial or other 
 officer was, at the time of taking the same, authorized to do so (as being one 
 [Neb. 10.1
 
 526 NEBKASKA. 
 
 of the officers above mentioned). This certificate should be attached to the 
 certificate of the officer taking the deposition. 
 
 This proof of official character is omitted when waived by agreement of 
 parties by endorsement on notice ; but this agreement does not waive the 
 taking at the specified time and place. 
 
 The whole should be sealed vip by the officer taking the same, and the 
 envelope addressed to the clerk of the court in which the action is pending, 
 and endorsed as follows : 
 
 "A. B. against C. D. (giving the title of the cause). Depositions in said 
 
 action on behalf of the (plaintiff or defendant, as the case may be). 
 
 These depositions taken, sealed up, endorsed, addressed, and transmitted by 
 me. L. M. Notary Public.'^ 
 
 Divorce. — The plaintiff must have resided in the state for at least six 
 months immediately preceding the time of filing the petition. The causes 
 for which a divorce will be granted are : 1st. Adultry. 2nd. Physical 
 incompetency. 3d. Imprisonment in any prison, jail or house of correction 
 for the term of three years. 4th. Wilful abandonment, without just cause, 
 for two years. 5th. When the husband shall have become an habitual 
 drunkard. 6th. Sentence of imprisonment for life. ' 7th. Extreme cruelty. 
 A petition may also be filed to affirm or annul a marriage, the validity of 
 which is doubted, or where one of the parties was under the age of legal 
 consent. The statute also provides for a divorce, on the petition of the wife, 
 when the husband, being of sufficient ability to provide suitable maintenance 
 for her, shall grossly or wantonly and cruelly refuse or neglect to do so. 
 
 Dower. — The widow of every deceased person is entitled to dower, or the 
 use, during her natural life, of one-third part of all the lands whereof her 
 husband was seized. Of all estate of inheritance at any time during the 
 marriage, unless she is lawfully barred thereof. 
 
 Evidence. — {See Witnesses.) 
 
 Executions. — For the enforcement of judgment may be issued at any 
 time. Executions on all judgments rendered by justices of the peace may 
 be stayed as follows : On judgments of $10 and under, for the period of 
 sixty days ; on judgments over $10 and not exceeding $50, for ninety days ; 
 over $50 and not exceeding $100, for six months ; over $100 and not exceed- 
 ing $200, for nine months. In county court on all sums exceeding $200 stay 
 of execution is same as in district court, but on sums of $200 and under same 
 as before justice of the peace. In district court stay of execution on judg- 
 ment for money only (except error and appeal cases and against persons for 
 money received in a fiduciary capacity, or for breach of any official duty), 
 may be had for three months where judgment does not exceed $50; six 
 months over $50 and not exceeding $100 ; nine months over $100. Stay bond 
 has the force and effect of a judgment confessed against the property of 
 sureties. In all cases of stay of execvition, an undertaking with sureties 
 must be entered into by the party desiring the stay, conditional for the pay- 
 ment of the judgment, interest and costs. In cases of foreclosure of mort- 
 gage a stay of the order of sale will be granted for nine months from date 
 of decree, upon the written request of the defendants, filed within twenty 
 days from date of decree, without giving any undertaking. Sales under 
 execution and orders of sale and the officer's return thereof must be made 
 within sixty days from the date of the writ. Such sales may be confirmed 
 ten days after officer's return. After sale is confirmed there is no redemp- 
 tion. 
 
 Executors. — Within thirty days after testator's death or within thirty 
 (hiys after knowledge of appointment, the executor must present will to 
 probate court and signify his acceptance of the trust or his refusal to accept 
 it in writing. Every executor, before he enters upon the execution of his 
 
 [Neb. 11.]
 
 NEBRASKA. 527 
 
 trust, and before letters testamentary shall issue, must give bond to the 
 judge of probate in such reasonable sum as he may direct, with one or more 
 sufficient sureties, with conditions as follows : To make and return to the 
 probate court, within three months, a true and perfect inventory of all the 
 goods, chattels, rights, credits and estate of the deceased which shall come 
 to his possession or knowledge, or to the possession of any otlier person for 
 him ; to administer according to law and to the will of the testator, all his 
 goods, chattels, rights, credits and estate which sliall at any time come to 
 his possession, or to the possession of any other person for him, and out of 
 the' same to pay and discharge all debts, legacies and charges, chargeable on 
 the same, or such dividends thereon as shall be ordereil and decreeil by the 
 probate court ; to render a true and just account of his administration to 
 the probate court within one year, and at any other time when required by 
 such court ; and to perform all oi-ders and decrees of the probate court, by 
 the executor to be performed in the premises. 
 
 Exemptions. — No exemption to a debtor not being the head of family. 
 Homestead not exceeding in value $2,000, consisting of the dwelling lumse 
 in which the claimant resides and its appurtenances, and the lantl on which 
 the same is situated, not exceeding IGO acres if in the country, or two con- 
 tiguous lots in an incorporated city or village, is exempt from judgment liens 
 and from execution or forced sale (except on debts secured by the mechanic's, 
 laborer's or vendor's liens on the premises ; and on debts secured by mort- 
 gage thereon, executed by both husband and wife or an unmarried claimant.) 
 If debtor has no lands he may claim $000 worth of personal property. Cloth- 
 ing, necessary furniture, supplies for family for six months, certain domes- 
 tic animals, tools, implements of trade, etc., are exempt, also sixty days' 
 wages of any lal)oring man or clerk, if the head of a family. 
 
 False Pretenses. — If any person, by false pretense or pretenses, obtains 
 from any other person any money, goods, merchandise, or eft'ects whatever, 
 ■with intent to cheat and defraud such persons of the same, or fraudulently 
 makes and transfers any bond, bill, deed of sale, gifts, grants, or other con- 
 veyances to defeat his creditors of their just demands, if the value of the 
 property so fraudvilently obtained or conveyed as aforesaid shall be thirty- 
 five dollars or upwards, such person so offending shall be imprisoned in the 
 penitentiary not more than seven years nor less than one year, but if the 
 value of the property be less than thirty-five dollars, the person so otiending 
 shall be fined in any sum not exceeding one hundred dollars, or be impri- 
 soned in the jail of the county not exceeding thirty days, and be liable to 
 the party injured in double the amount of damages sustained thereof. 
 (Amended 1875, 9.) 
 
 Frauds, Statutes of. — Every conveyance of or charge upon, any estate 
 or interest in lands, or the rents and profits thereof, made or created with 
 intent to defraud prior or subsequent purchasers for a valuable considera- 
 tion, as against such purchasers, is void. 
 
 No estate or interest in land, other than leases for a term not exceedino- 
 one year, nor any trust or power over or concerning lands, or in any manner 
 relating thereto, can hereafter be created, granted, assigned or surrendered 
 or declared, unless by act or operation of law, or by a deed or conveyance in 
 writing, subscribed by the party creating, granting, assigning, surrendering 
 or declaring the same. 
 
 All deeds of gift, all conveyances, and all transfers or assignments, verbal 
 or written, of goods, chattels, or things in action, made in trust for the use 
 of the person making the same, are void as against the creditors, existing or 
 subsequent, of such person. 
 
 In the following cases every agreement is void, unless such agreement or 
 some note or memorandum thereof, be in writing, and subscribed by the 
 party to be charged therewith: 1st. Every agreement that, by its terms is 
 |Xeb. 12.]
 
 528 NEBRASKA. 
 
 not to be performed within one year from the making thereof. 2nd. Evcry 
 special promise to answer for the debt, default or misdoings of another per- 
 son, ikl. Every agreement, promise, or undertaking made upon considera- 
 tion of marriage, except mutual promises to marry. 4th. Every special 
 promise by an executor or administrator to answer damages out of his own 
 estate. 
 
 Every contract for the sale of any goods, chattels, or things in action, for 
 the price of fifty dollars or more, is void, unless: 1st. A note or memoran- 
 dum of such contract be made in writing, and be subscribed by the party to 
 be charged thereby ; or, 2nd. Unless the buyer shall accept and receive part 
 of such goods or the evidences, or some of them, of such things in action ; 
 or, 3rd. Unless the buyer shall at the time, pay some part ot the purchase 
 money. 
 
 Garnishment. — Garnishee process may he used in aid either of attach- 
 ment or of execution. 
 
 Grace. — (See JVofis and Bills of Exchcmge.) 
 
 Homestead. — (*^'te Exemptions. ) 
 
 Insolvent Laws. — (See Assignments.) 
 
 Interest and Usury. — Legal rate is seven per cent, per annum, or any 
 rate on express contract not greater than ten per cent., and in advance if so 
 contracted for. Judgments and decrees for the payment of money, seven 
 per cent., if not specified ; but, if contracted for, they bear interest at a rate 
 not exceeding the amount allowed by law. Unsettled accounts bear interest 
 after six months from date of last item. The penalty for usury is to pro- 
 hibit the recovery of any interest on the principal, or of any costs in the 
 action. The principal can be recovered. 
 
 Judgments. — Of courts of record, except county courts, are liens on the 
 debtor's lands, within the county, for five years from the first day of the term 
 at which they are rendered , confessed judgments from the date of confes- 
 sion. If execution is issued within five years, then five years after the date 
 of last execution. 
 
 Justice of the Peace.— (-See Courts.') 
 
 Landlord and Tenants. — Leases longer than for one year void, unless in 
 writing. A tenant who fails, neglects or refuses to pay the rent when same 
 is due, is deemed to be holding over his term, and landlord upon giving three 
 days' notice may, in action of forcible detension, obtain restitution of prem- 
 ises. 
 
 Leases. — {See Landlord and Tenant.) 
 
 Liens. — {See Judgments and Taxes.) 
 
 Limitations. — Civil actions must be commenced within the following 
 times after the cause of action accraes : 1. For the recovery of title or pos- 
 session of real estate, which is stated to apply also to mortgages of lands 
 (Sess. Laws, 18G9, p. 67) — supreme court has held that mortgages before that 
 statute were barred when the note secured was barred — upon officials bonds 
 of executors, administrators, guardians, sheriff's, or other officers, or upon 
 penal bonds, ten years. 2. For recovery of damages resulting from failure 
 of consideration of contract, or for the recovery of money paid on like con- 
 tract ; upon a verbal contract, express or implied ; for trespass upon real 
 property ; for taking, detaining or injuring, or for the recovciy of specific 
 
 fNcb. 18.1
 
 NEBRASKA. 529 
 
 personal property ; or for relief on the ground of fraud, four years. 3. Upon 
 a special agreement, contract or promise in writin';, or foreign judgments, 
 five years. 4. For forcible entry and detainer, libel, slander, assault and 
 battery, malicious prosecution, or false imprisonment, actions upon statute 
 for penalty or forfeiture, one year. All actions which have been barred by 
 the laws of any state or territory are barre<l by the laws of this state. The 
 statute ceases to operate (cxcei)t at'tions for penalty or forfeiture) while the 
 plaintifi' labors under a legal disability, or while defendant absents or con- 
 ceals himself. The payment of any part of the principal or interest, or an 
 acknowledgment of an existing liability, debt or claim, or any promise to 
 pay the same in writing, takes a case founded on contract out of the statute 
 and revives the liability. Claims against state barred in two years ; mort- 
 gages run ten years. 
 
 Limited Partnerships.— Such partnerships may consist of one or more 
 persons who are called general partners, and who are jointly and severally 
 responsible as general partners now are by jaw, and of one or more persons 
 who shall contribute in actual cash payments, or in goods, wares, merchanr 
 disc, machinery and fixtures, a si^ecific sum as capital to the common stock. 
 who are called special partners, and who are not liable for the debts of the 
 co-partner.sliips beyond the fund so contributed by him or them to the capi- 
 tal stock. A certificate of formation, pr«perly acknowledged, must be filed 
 in the ofiice of county clerk, and the terms of the partnership published in 
 two newspapers for at least six consecutive weeks. 
 
 Married Women. — The property, real or personal, owned by a married 
 woman at the time of the marriage, the rents, issues, profits and proceeds 
 thereof, and any property which comes to her, except only by gift of her 
 husband, remains her sole and separate property, not subject to the disposal 
 of her husband, nor liable for his debts. She may convey her i-eal estate and 
 contract with reference thereto, in the same manner, and with like eftect, as 
 a married man, and may sue and be sued as if unmarried. ]\Iay labor or 
 carry on business on her separate account. Her earnings are her sole prop- 
 erty. If married out of the state, may here enjoy all rights as to property 
 there acquired. Husband is not liable for debts contracted by wife before 
 marriage. 
 
 A married woman is not liable to a personal judgment on her note or other 
 contract, unless same was made with reference to her separate property. 
 
 A married woman may dispose of her own property by will, and may. alter 
 or revoke the same in like manner that a person under no disability may do, 
 and subject to the same restrictions. 
 
 A married woman is personally liable for her contracts made in her own 
 name, and her separate property can be made to satisfy same. The property 
 of a married woman without act of hers is not liable for her husband's 
 debts. — {See Executions.) 
 
 Mechanics' Lien. — Any person who performs any labor, or furnishes any 
 material or machinery or fixtures for the erection, reparation or removal or 
 any house, mill, manufactory, or building or appurtenance by virtue of a 
 contract or agreement expressed or implied with the owner thereof or his 
 agents, has alien to secure the payment of the .same upon such house, mill,, 
 manufactory, building or appurtenance, and the lot of land upon which the 
 same shall stand. A sworn statement and claim of lien must be recorded 
 within sixty days if the debt is due from the contractor or sub-contractor,, 
 otherwise within four months from time of performing the labor or furnish- 
 ing the materials, and such claim operates as a lien upon the l>uildings and 
 lots for two years from time of filing. Taking a promissory note does not 
 destroy the lien. 
 
 Minors. — Males become of age at twenty-one, females, eighteen ; but in 
 case a female marries between the age of sixteen and eighteen lier minority 
 ends. 
 
 fNeb. 14.1
 
 530 NEBRASKA. 
 
 Mortgages of Beal Estates. — Must be executed, acknowledged and re- 
 icorded same as deed. Foreclosed by suit. No redemption of lands sold 
 under foreclosure. Any mortgage may be discharged by an entry in the 
 margin of the record thereof, signed by the mortgagee, or his personal repre- 
 sentative or assignee, acknowledging the satisfaction of the mortgage, in 
 the presence of the county clerk, or his deputy, wlio shall subscribe the 
 same as a witness, and such entry shall have the same. effect as a deed of 
 TClease duly acknowledged and recorded. 
 
 If any mortgagee, or his personal representative or assignee, after full 
 performance of the condition of the mortgage, whether before or after a 
 breach thereof, shall, for the space of seven days after being thereto 
 requested, and after tender of his reasonable charges, refuse or neglect to 
 discharge the same as provided in this chapter, or to execute or acknowledge 
 a certificate of discharge or release thereof, he shall be liable to the mortga- 
 gor, his heirs, or assigns, in the svim of one hundred dollars damages, and 
 also for all actual damages occasioned by such neglect or refusal, to be recov- 
 ered in the proper action. 
 
 Form of Mortgage Deed. 
 
 This indenture, Made and entered into this day of one thousand 
 
 eight hundred and between — — of the first part, and of the second 
 
 part. 
 
 WitnessetTi, That the said part of the first part, in consideration of the 
 
 sum of — — dollars, to duly paid, ba sold, and by these presents 
 
 do grant and convey to the said part of the second part, and to 
 
 heirs, executors, administrators and assigns, all that certain lot, parcel, or 
 
 piece of land situated in in the county of and state of Nebraska, 
 
 more particularly known and described as follows, to-wit : . 
 
 Together with all and singular the tenements, hereditaments and appurte- 
 nances thereunto belonging, or in any wise appertaining, and also all the 
 
 estate, right, title, and interest of the said part of the first part therein, 
 
 including all rights arising by virtue of the laws of the state of Nebraska, 
 
 pertaining to exemption of homesteads, and does hereby covenant with 
 
 the said heirs and assigns, that lawfully seized of said premises ; 
 
 that they are free from incumbrance, and the said do hereby cove- 
 nant to warrant a?id defend the said premises against the lawful claims of all 
 persons whomsoever. 
 
 And the said wife of the said do hereby grant, remise, re- 
 lease, and forever convey unto the said party of the second part, all her right 
 and title of dower in and to the foregoing described premises. 
 
 Provided always, and these presents are upon this condition : that whereas, 
 
 said executed and delivered to said promissory note in the 
 
 words and figures following : . 
 
 Now, if the said shall well and truly pay, or cause to be paid, the 
 
 said sum of money in said note mentioned, with the interest there- 
 
 'on, according to the tenor and effect of said note, and shall duly keep and 
 
 perform all covenants and agreements herein contained on part to be 
 
 kept and performed, then these presents shall be null and void. But if said 
 
 sum of money, or any part thereof, or any interest thereon, is not paid 
 
 when the same is due, or if the taxes and assessments against said premises 
 fire not paid at or before the time the same by law become delinquent, then 
 
 the whole of said sum • and interest shall immediately become due and 
 
 jjayablc ; and in case of the foreclosure of this mortgage, a reasonable sum, 
 
 not exceeding per cent, of the recovery shall be awarded by the court, 
 
 an addition to the judgment, as an attorney's fee. 
 
 In testimony wJiereof the part of the first part ha hereunto set 
 
 hand and seal the day and year first aforesaid. 
 
 1 . [SEAL.] 
 
 Signed, sealed, and delivered in presence of 1 . [seal.] . 
 
 . ( . [SEAL.] 
 
 . J . [SEAL.] 
 
 fNeb. lo.]
 
 NEBRASKA. 531 
 
 Form of Release of Mortgage. 
 
 In consideration, of the payment of the debt named therein, I release the 
 
 mortgage made by to on the following described property : 
 
 which is recorded in book of mortgages, page of the records 
 
 of county, Nebraska. 
 
 Witness my hand this day of , 18 — . 
 
 . ? 
 
 . !> 
 
 State ov Neukaska, ) 
 County op . S ^ ' 
 
 On this day of A. D. 18 — before me a duly and 
 
 qualified for and residing in said county, personally came to me person- 
 
 itlly known to be the identical person whose name is affixed to the above 
 
 release as maker, and acknowledged the said instrument to be voluntary 
 
 act and deed. 
 
 Witness my hand and at in said county, the day and year last 
 
 above written. 
 
 Notes and Bills of Exchange. — All negotiable instruments are entitled 
 to three days' grace. Bonds and promissory notes and bills of exchange for 
 any sum of money certain, made payable to any person or order, or to any 
 person or assigns, are only negotiable by indorsement. Any such instru- 
 ments, made payable to a person or bearer, are negotiable by delivery 
 merely. To entitle an indorser of a negotiable instrument to maintain an 
 action against any prior indorser he must first use due diligence to obtain the 
 money of the maker, drawer or obligor. Demand of payment on the third 
 day of grace and notice of non-payment or non-acceptance are adjudged due 
 diligence, unless other conditions are expressed in the endorsement. 
 
 Partnerships. — Any company or association of persons formed for the 
 purpose of carrying on any trade or business, or for the purpose of holding 
 any species of property in this state, and not incorporated, may sue and be 
 sued by such usual name as such comi^any, partnership, or association may 
 have assumed to itself or be known by, and it shall not be necessary in such 
 case to set forth in the process or pleading, or to prove at the trial, the names 
 of the persons composing such company. 
 
 Process against any such company or firm shall be served by a copy left at 
 their usual place of doing business within the county, with one of the mem- 
 bers of such company or firm, or with the clerk or general agent thereof, 
 and executions issued on any judgments rendered in such proceedings shall 
 be levied only on partnership property. 
 
 In cases where a company shall sue in its partnership name, such company 
 shall procure the writ to be endorsed by a responsible surety, residents of 
 the county, for costs, or otherwise give security for costs. 
 
 Promissory Notes.— (-See Notes.') 
 
 Practice. — (.See Actions.) 
 
 Bederaption. — The owners of any real estate against which a decree of 
 foreclosure has been rendered in any court of record, or any real estate 
 levied upon to satisfy any judgment or decree of any kind, may redeem the 
 same from the lien of such decree or levy at any time before the sale of the 
 same shall be confirmed by a court of comijetent jurisdiction by paying into 
 court the amount of such decree or judgment, together with all interests 
 and costs. 
 [Neb. 10.}
 
 532 NEBRASKA. 
 
 The owner or occupant of any land sold for taxes, or any person having a 
 lien or interest tliereon, may redeem the same at any time within two years 
 after the dayjof such sale, by paying the county treasurer, for the use of such 
 purchaser, his heirs or assigns, the sum mentioned in liis certificate,' with 
 interest thereon at the rate of twenty per cent, per annum from the date of 
 purchase, together with all other taxes subsequently paid, whether for any 
 year or years previous or subsequent to said sale, and interest thereon at the 
 same rate from the date of such payment. 
 
 Infants, idiots, and insane persons may redeem any land belonging to them 
 from such sale within two years after the exi^iration of such disability, on 
 like terms as if redemption had been made within two years from the date 
 of said sale, and from the date of each subsequent payment of taxes thereon, 
 at the rate of twenty per cent, per annum on the several amounts so paid by 
 the purchaser until redeniption. Any redemption made inures to the benefit 
 of the person having the legal or equitable title to the property redeemed, 
 subject to the right of the person making the same, to be reimbursed by the 
 person benefited. 
 
 Replevin. — The plaintift" in an action to recover the possession of specific 
 personal i)roperty, may, at the commencement of the suit, or any time before 
 answer, claim the immediate delivery of such property. 
 
 Form of Affidavit in RepU'cin. 
 In the court of held within and for the county of . 
 
 , plaintiff, ) 
 
 «s. > Affidavit in re^ilevin. 
 , defendant. ) 
 
 State of Nebraska, } 
 County op . \ ' 
 
 The said plaintift", being first duly sworn, on his oath says that 
 
 affiant, is the owner of said goods and cliattels, and entitled to the immediate 
 possession of the same ; and that said goods and chattels are wrongfully de- 
 tained from him by the said defendant ; and that the said goods and chattels 
 were not taken in execution on any order or judgment against said iilaintiff, 
 or for the payment of any tax, fine, or amercement assessed against him, or 
 by virtue of any order of delivery issued under the chapter of the code of 
 civil procedure providing for the replevin of property, or on any other mesne 
 or pi'ocess issued against tlie said plaintiff ; and further he saith not. 
 
 Subscribed in my presence, and sworn to before me, this day of , 
 
 A. D. 18— . 
 
 Form of Bond in Repleoin. 
 
 State op Nebraska, > In the court of held within and 
 
 County op . S ' for the county of . 
 
 , plaintiff, i 
 
 vs. > Undertaking. 
 , defendant. ) 
 
 Whereas, above named has caused an order for delivery of the fol- 
 lowing goods and chattels, to-wit : to be issued out of within and 
 
 for tlie county of in a cause now pending in the said wherein the 
 
 said plaintiff", and one is defendafit. 
 
 And whereas, the said order was delivered to of said county, and the 
 
 said sheriff' has taken said goods and chattels, and the same have been valued 
 by two responsible persons under oath, at the sum of dollars. 
 
 Now, tlierefore, we and undertake to the said defendant in 
 
 iNcb. 17.]
 
 NEBRASKA. -)38 
 
 said action, in the penal sum of dollars, that the said plaintift" shall 
 
 duly prosecute his action aforesaid, and pay all the costs and damages which 
 may be awarded to him. 
 
 Dated this day of , A. D., 18—. 
 
 Signed in ray presence, and approved by me, this day of , A. D., 
 
 18—. , Sheriff. 
 
 Revenue. — The following property is taxable : 1st. All real and personal 
 property in this state. 2nd. All moneys, bonds, credits, or stocks, and other 
 investments; the shares of stock of incorporated companies and associations, 
 and all other personal property, including property in trarmtu to or from 
 this state, used, held, owned or controlled by persons residing in this state. 
 3rd. The shares of capital stock of banks and banking companies doing 
 business in this state. 4th. The capital stock of companies and associa- 
 tions incorporated under the laws of this state. 
 
 The following property is exempt from taxation in this state : 1st. The 
 property of the state, counties, and municipal corporations, both real and 
 personal. 2nd. Such other property as may be used exclusively for agricul- 
 tural and horticultural societies, for schools, religious, cemetery and chari- 
 table purposes. 
 
 Revivor. — Code of civil procedure prescribes manner in which actions 
 before and after judgments and dormant judgments may be revived. 
 
 Seals. — The use of private seals upon all deeds, and other instruments in 
 •writing abolished. The addition of a jHivate seal to instruments, however, 
 does not affect its equity or legality. 
 
 Stay of Execution. — Allowed on judgments as follows : Judgments of 
 $i)0 or under, exclusive of costs, three months ; judgments of $50 and not 
 exceeding $100, six months ; all other amounts, nine months. Stay allowed 
 on approved bond with two or more sureties ; except in district court, stay 
 may be allowed on foreclosure of mortgage on lands ou request. The judg- 
 ment is made a lieu on the lands of the sureties. No stay allowed in judg- 
 ments on appeal or error, nor against any officer or person or corporation, or 
 the sureties of any of them, for money received in a fiduciary capacity, or 
 for the breach of any official duty, nor on judgment against surety for stay. 
 
 Taxes. — Upon realty are a lien from and including the first day of April 
 in the year in which they are levied until the same are paid, and become de- 
 linquent on May 1st, of the following year. Taxes upon personalty become 
 a lien from the time the tax-books are received by the tax collector, (Oct. 1, 
 in the year in which they are levied.) Persons holding tax-liens may fore- 
 close the same in same manner as a mortgage, any time within five years 
 from date of tax-sales. Redemption from tax-sale may be made at any time 
 within two years from sale, upon payment of principal sum and interest at 
 30 per cent, per annum, and the limitation of recovery in three years from 
 date of tax deed. 
 
 Usury. — {See Interest.) 
 
 Wages.- (See Exemptions.) 
 
 Wills. — Every person of full age and sound mind has power to make will. 
 Must be in writing, signed by testator or in his presence by his direction, 
 and attested in his presence by two or more competent witnesses. Nuncupa- 
 tive will where estate bequeathed exceeds the value of $150 must be proved 
 by oath of three witnesses. 
 iNeb. 18.1
 
 534 NEBRASKA. 
 
 Witnesses. — Every human being of sufficient capacity to i;nderstand the 
 obligation of an oath, is a competent witness in all cases civil and criminal, 
 except as otherwise herein declared. The following persons incompetent to 
 testify: 1st. Persons of unsound mind at the time of their production. 
 2nd. Indians and negroes who appear incapable of receiving just impres- 
 sions of the facts respecting which they are examined, or of relating them 
 intelligently and truly. 3rd. Husband and wife, concerning any communi- 
 cation made by one to the other during marriage, whether called as a witness 
 while that relation subsists or afterward. 4th. An attorney, concerning any 
 communication made to him by his client in that relation or his advice 
 thereon, without the client's consent in open court or in writing produced in 
 court. 5th. A clergyman or priest, concerning any confession made to him 
 in his professional character in the course of discipline enjoined by the 
 church to which he belongs, without the consent of the person making the 
 confession. 
 
 INeb. 19.]
 
 NEBRASKA. 
 
 535 
 
 ATTORNEYS IN NEBRASKA. 
 
 Bold Face Type denotes county seats. A dash (— ) less than 100 population. 
 Fitrures after names when admitted to Bar. A star (*) i^otaries Public. 
 A douljle dagger (X) our Compiler of Ijaws. 
 A dagger (f) former recommendations withdrawn. 
 
 PLACE, 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. POPULA'N 
 
 Ainsworth 
 
 Brown 
 
 J. F. Bnrns. 
 
 566 
 
 Albion 
 
 Boone 
 
 Montgomery Bros. 
 
 916 
 
 Alma 
 
 Harlan 
 
 B. C. Ovler. 
 
 1,200 
 
 Arapahoe 
 
 Ftxrnas 
 
 J. A. DUDGEON, '72. 
 
 500 
 
 Ashland 
 
 Saunders 
 
 Wilson 6c Stratton. 
 
 1,600 
 
 Aurora 
 
 Hamilton 
 
 Hainer & Kellogg. 
 
 1,800 
 
 Beatrice 
 
 Gage 
 
 A. H. Babcock. 
 
 8,.000 
 
 Beaver City 
 
 Funiass 
 
 G. W. Morris. 
 
 900 
 
 Blair 
 
 Washington 
 
 W. C. Walton. 
 
 2,132 
 
 Bloomington 
 
 Franklin 
 
 Sheppard & Black. 
 
 1,000 
 
 Brownville 
 
 Nemaha 
 
 D. B. Tipton. 
 
 1,029 
 
 Burwell 
 
 Garfield 
 
 (See Taylor.) 
 
 — 
 
 Central City 
 
 Merrick 
 
 John Patterson. 
 
 1,8(10 
 
 Clay Center 
 
 Clay 
 
 B. F. McLoney. 
 ( John Macfarland, 3 and 4 1st 
 
 .300 
 
 Columbus 
 
 Platte 
 
 \ Naf 1 Bank Building. 
 
 2,573 
 
 
 
 j See Card in Appendix, page xlii. 
 
 Crete 
 
 Saline 
 
 C. J. Bowlley. 
 
 3,000 
 
 Culbertson 
 
 Hitchcock 
 
 GEO. E. BANKS, '77. 
 
 1,000 
 
 Dakota 
 
 Dakota 
 
 J. T. Spencer. 
 C W. E. BAUER, '84, reference 
 } 1st National Bank, Central 
 ( National Bank. 
 
 995 
 
 David City 
 
 Butler 
 
 [ 1,500 
 
 
 
 
 Edo-ar 
 
 Clay 
 
 (See j!^elson.) 
 
 894 
 
 Fairbury 
 
 Jefterson 
 
 W. 0. Hamble. 
 
 1,886 
 
 Fairniiint 
 
 Fillmore 
 
 WILL R. GAYLORD,* '74. 
 
 976 
 
 Falls City 
 
 Richardson 
 
 J. D. Gilmore. 
 
 3,000 
 
 Fremont 
 
 Dodge 
 
 W. H. ^Hunger. 
 
 6,0ti0 
 
 Fullerton 
 
 Nance 
 
 3E. I. Brower. 
 
 1,200 
 
 Geneva 
 
 Fillmore 
 
 J. Jensen. 
 
 900 
 
 (Jiafton 
 
 Fillmore 
 
 P. B. Tolles. 
 
 1,078 
 
 Grand Island 
 
 Hall 
 
 Thummel & Piatt. 
 
 7,500 
 
 iTanly 
 
 Nuckolls 
 
 (See JS^clsoH.) 
 
 370 
 
 Hastings 
 
 Adams 
 
 Dilworth. Smith & Dilworth. 
 
 12,000 
 
 Hebron 
 
 Thayer 
 
 C. L. Richards. 
 
 894 
 
 Homerville 
 
 Gosper 
 
 Henry Uhl. 
 
 100 
 
 Hmnlinklt 
 
 Richardson 
 
 H. T. Hull. 
 
 1,23ft 
 
 Indianola 
 
 Red "Willow 
 
 Snavelev <k Starr. 
 
 1,00(^ 
 
 Kearney 
 
 Buffalo 
 
 MOORE & JONES. 
 
 3,601 
 
 Lincoln. Lancaster County. Population, 22,004. 
 
 BAP.XES. TIIEO. F.. "65. 246 N. llih St. 
 Geisthardt, Stephen L., "85. 14 Academy of 3Iusic. 
 
 .S'ee Card in Appendix, payc xiii.
 
 536 
 
 NEBRASKA. 
 
 LINCOLN— CONTINUSD. 
 
 t Hamilton & Trevitt. 
 
 See Card m Appendix, page xiii. 
 SAWYER & SNELL. 
 
 Sawyer, A. J. 
 
 Snell, N. Z. 
 \ Bittenbender, H. C. & Ada C. 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. 
 
 popula'n. 
 
 Loup City 
 
 Sherman 
 
 J. R. Scott. 
 
 800 
 
 McCrook 
 
 Red Willow 
 
 J. E. Cochran. 
 
 1,500 
 
 Madison 
 
 Madison 
 
 Allen & Robinson. 
 
 903 
 
 Minden 
 
 Kearuej' 
 
 Joel Hull. 
 
 1,500 
 
 Nebraska City 
 
 Otoe 
 
 Thomas B. Stevenson. 
 
 6,000 
 
 Neligh 
 
 Antelope 
 
 Thomas O'Dav. 
 
 1,000 
 
 Nelson 
 
 Nuckolls 
 
 S. A. SEARLE. 
 
 457 
 
 Niobrara 
 
 Knox 
 
 James A. Cooley. 
 
 325 
 
 Norfolk 
 
 Madison 
 
 A. Sattler. 
 
 1,94!) 
 
 North Platte 
 
 Lincoln 
 
 Hinman & Grimes. 
 
 3,000 
 
 Ogallala 
 
 Keith 
 
 John J. Halligau. 
 
 800 
 
 Omaha 
 
 Doucrlass 
 
 C. J. SMYTH. 
 
 51,835 
 
 O'Neill 
 
 Holt' 
 
 Cleveland & Meals. 
 
 1,000 
 
 Ord 
 
 Valley 
 
 Coffin & Clements. 
 
 924 
 
 Osceola 
 
 Polk 
 
 R, Wheeler. 
 
 1,797 
 
 Papillion 
 
 Sarpy 
 
 Geo. A. MagneJ^ 
 
 558 
 
 Pawnee City 
 
 Pawnee 
 
 J. L. Edwards. 
 
 1,632 
 
 Phelps 
 
 Phelps 
 
 J. J. Carter. 
 
 212 
 
 Pierce 
 
 Pierce 
 
 Benjamin Lindsay. 
 
 700 
 
 Plattsmouth 
 
 Cass 
 
 ]M. A. Hartioan. 
 
 7,000 
 
 Plum Creek 
 
 Dawson 
 
 W. D. Kelsey, '79. 
 
 835 
 
 Ponca 
 
 Dixon 
 
 W. F. Norris. 
 
 1,600 
 
 Red Cloud 
 
 Webster 
 
 G. R. CHANEY, '70. 
 
 1,725 
 
 Rising City 
 
 Butler 
 
 F. Journal. 
 
 447 
 
 St. Helena 
 
 Cedar 
 
 P. C. Nissen. 
 
 210 
 
 St. Paul 
 
 Howard 
 
 BELL BROS, '78 and '84. 
 
 1,311 
 
 Schuyler 
 
 Colfax 
 
 F. N. DWORACK, '83. 
 
 1,588 
 
 Scotia 
 
 Greeley 
 
 H. S. Sprecher. 
 
 1,082 
 
 Seward 
 
 Seward 
 
 Norval Bros. 
 
 2,032 
 
 Sidney 
 
 Cheyenne 
 
 Heist & Rayner. 
 
 1,500 
 
 Stanton 
 
 Stanton 
 
 5 C. L. Lamb. 
 
 t \ A. A. Kearney. 
 
 1,000 
 
 Spring View 
 
 Keya Paha 
 
 C. L. Marmon. 
 
 400 
 
 Stockville 
 
 Frontier 
 
 G. H. Stewart. 
 
 200 
 
 Superior 
 
 Nuckolls 
 
 {See Nelson.) 
 
 946 
 
 Sutton 
 
 Clay 
 
 Geo. W. Bemis. 
 
 1,500 
 
 Taylor 
 
 Loup 
 
 A. S. Moon. 
 
 247 
 
 Tecumseh 
 
 Johnson 
 
 Davidson & Griffin. 
 
 2,395 
 
 Tekamah 
 
 Burt 
 
 Hopewell & Dickinson. 
 
 1,596 
 
 Valentine 
 
 Cherry 
 
 E. D. Benson. 
 
 615 
 
 Wahoo 
 
 Clien-y 
 
 Bell & Sornberger. 
 
 2,400 
 
 Wayne 
 
 Wayne 
 
 James Britton. 
 
 850 
 
 West Point 
 
 Cuming 
 
 J. F. Losch. 
 
 1.680 
 
 Wilber 
 
 Saline 
 
 W. G. Ilastings. 
 
 1,152 
 
 Wymore 
 
 Gage 
 
 T. D. Cabbev. 
 
 1,779 
 
 York 
 
 York 
 
 W. M. COW'ELL.* 
 
 2,085
 
 NERRASKA. 
 
 537 
 
 BANKS IN NEBRASKA. 
 
 Giving the name of town, b:ink and cashier, and amount of paid-up capital ot one 
 bank in each county of this state in which such a banlcing institution is located. 
 
 PLACE. 
 
 Ainsworth 
 
 Albion 
 
 Alma 
 
 Aurora 
 
 Beatrice 
 
 Beaver City 
 
 Blair 
 
 Bloom ington 
 
 Brokeu Bow 
 
 Brownville 
 
 Central City 
 
 Clay Center 
 
 Columbus 
 
 Culbertson 
 
 David City 
 
 Fairbury 
 
 Falls City 
 
 Fremont 
 
 Fullertou 
 
 Geneva 
 
 Grand Island 
 
 Hastings 
 
 Hebron 
 
 Indianola 
 
 Kearney 
 
 Lincoln 
 
 Lcmp City 
 
 Madison 
 
 Minden 
 
 Nebraska City 
 
 Neleigh 
 
 Nelson 
 
 Niobrara 
 
 North Platte 
 
 Ogalalla 
 
 ( )maha 
 
 O'Neill 
 
 Ord 
 
 Osceola 
 
 Pawnee City 
 
 Pierce 
 
 NAME OF BANK. 
 
 Farmers & iMerchants Bk 
 Thompson & Baker 
 Valley Bank 
 First National Bank 
 
 ;( (( (( 
 
 Wm Howard Phelps 
 First National Bank 
 Franklin County Bank 
 First National Bank 
 
 Clay Center Bank 
 First National Bank 
 Hitchcock County Bank 
 First National Bank 
 
 Fremont National Bank 
 First National Bank 
 Citizens' Bank 
 First National Bank 
 
 Buffalo County Nat Bk 
 Capital National Bank 
 First National Bank 
 ]\[adison Co Savings Bank 
 First National Bank 
 Nebraska City Nat Bank 
 Citizens' Bank 
 First National Bank 
 Niobrara Valley Bank 
 First National Bank 
 Keith County Bank 
 First National Bank 
 
 Osceola Bank 
 First National Bank 
 Pierce County Bank 
 
 CASHIER. 
 
 C. G. Alton. 
 
 H. L. Briggs. 
 J. F. Houseman. 
 Samuel C. Smith. 
 O. W. Foster. 
 F. H. Claridge. 
 W. E. Hatcli. 
 L. H. Jewett. 
 A. R. Davison. 
 
 F, M. Persinger. 
 Geo. E. Birge. 
 O. T. Roen. 
 
 A. D. King. 
 J. G. Ro.ss. 
 
 E. E. McDowell. 
 P. H. Jussen. 
 
 J. Beckman. 
 
 J. M. Fillebrown. 
 Chas. F. Bentley. 
 
 G. H. Pratt. 
 J. H. Lynch. 
 John J. Lambum. 
 A. T. Gamble. 
 
 R. C. Outcolt. 
 A. P. CuUey. 
 (Wohlford Bros. & Co, 
 R. H. Palmer. 
 J. W. Steinhart. 
 Charles L. Harris. 
 S. A. Lapp. 
 S. Draper. 
 James Sutherland. 
 O. T. Carlson. 
 
 F. H. Davis. 
 E. S. Kelly. 
 George A. Percival. 
 J. H. Mickey. 
 John C. David. 
 
 W. A. Spencer. 
 
 PAID UP 
 CAPITAL. 
 
 $ 25,000 
 10,000 
 2.5,000 
 50,000 
 
 100,000 
 5,000 
 50,000 
 20,000 
 50,000 
 50,000 
 50,000 
 15,000 
 60,000 
 12,000 
 50,000 
 .50,000 
 50,000 
 
 150,000 
 50,000 
 25,000 
 
 100,000 
 
 100,000 
 50,000 
 50,000 
 
 100,000 
 
 300,000 
 50,000 
 ) 24,000 
 50,000 
 50.000 
 20,000 
 50,000 
 27,000 
 50,000 
 25,000 
 
 500,000 
 50,000 
 .50,000 
 50,000 
 50,000 
 :50.000
 
 538 
 
 NEBRASKA. 
 
 
 
 
 PAID UP 
 
 PLACE. 
 
 NAME OF BANK. 
 
 CASHIER. 
 
 CAPITAL. 
 
 Plattsmouth 
 
 First National Bank 
 
 Samuel Waugli. 
 
 50,000 
 
 Plum Creek 
 
 U ii 11 
 
 H. V. Temple. 
 
 50,000 
 
 Ponca 
 
 Bank of Dixon Co 
 
 H. C. Howe, Jr. 
 
 45,000 
 
 Red Cloud 
 
 First National Bank 
 
 John Moore. 
 
 75,000 
 
 Scotia 
 
 Farmer's & Merchant's Bk 
 
 J. M. Marsh. 
 
 35,000 
 
 Seward 
 
 Jones' National Bank 
 
 Harry T. Jones. 
 
 110,000 
 
 Sidney 
 
 State Bank of Sidney 
 
 S. C, Morgan. 
 
 10,000 
 
 Stanton 
 
 First National Bank 
 
 Levi Miller. 
 
 50,000 
 
 St. Paul 
 
 11 l( u 
 
 Geo. E. Lean. 
 
 50,000 
 
 Tecumseh 
 
 (( (( (i 
 
 W. A. Wolf. 
 
 50,000 
 
 Tekamah 
 
 Burt County Bank 
 
 (J. P. Latta.) 
 
 25,000 
 
 Valentine 
 
 Cherry County Bank 
 
 (Sparks Bros.) 
 
 20,000 
 
 Wahoo 
 
 First National Bank 
 
 P. Anderson. 
 
 60,000 
 
 Wayne 
 
 (( ii a 
 
 F. A. Dearborn. 
 
 50,000 
 
 West Point 
 
 <( (( (( 
 
 W. A. Black. 
 
 50,000 
 
 Wilber 
 
 U ii il 
 
 C. A. Caldwell. 
 
 50,000 
 
 York 
 
 H ti il 
 
 H. C. Kleinschmidt. 
 
 50,000
 
 TERRITORY OF 
 
 NKVADA. 
 
 SUMMARY OF 
 
 COLLBCTION L^WS. 
 
 Court Calendar, Instructions for taking Depositions, Legal Forms, Etc. 
 
 Expressly Prepared and Revised to Nov. 1st, 1887, for "Showers' 
 
 Legal Directory and Merchants' Guide." for 1888, by 
 
 J. W. Whitcher. Esq., of the Virginia City Bar. 
 
 Acknowledgments.— (5t'<; Deeds.) 
 
 Actions. — There is but one form of civil action in this state for the enforce- 
 ment or protection of private rights, and the redress or prevention of private 
 wrongs. Every action must be prosecuted in tlie name of the real party iu 
 interest, except that an executor or administrator or trustee of an express 
 trust, or person expressly authorized by statute maysue without joining with 
 him, the person or persons for whose benefit the action is prosecuted. An 
 infant shall appear by guardian appointed by the court. 
 
 Civil actions in the district court are commenced by tlie filing of a com- 
 plaint with the clerk of the court and the issuance of a summons thereon. 
 
 Administration of the Estates of Deceased Persons.— Administration 
 of the estate of a person dying intestate, shall be granted to some one or 
 more of the persons hereinafter mentioned, and they shall be respectively en- 
 titled in the following order: 1st. The surviving husband or wife, or some 
 person as he or she may request to have appointed; 3d. The children; 8d. 
 The fiither or mother; 4th. The brothers; oth. The sisters ; 0th. Tlie grand- 
 children , 7th. Any otlier of the kindred entitled to share in the distribution 
 of the estate. 8th. The pul^lic administrator; 9tli. The creditors ; 10th. Any 
 of the kindred not above enumerated, within the fourth degree of consan- 
 guinity : 11th. Any person or persons legally competent ; provided that when 
 there was any partnership existing between the intestate, at the time of his 
 or her death, and any other person, the surviving partner shall, in no case, 
 be appointed administrator of the estate of such intestate. 
 
 Affida"vits. — No affidavit to be issued before any court, judge or officer of 
 this state (N^evada). May be taken before any judge or clerk of any court, 
 or any justice of the peace or notary public in this state. 
 
 Aliens. — No alien shall be admitted to become a citizen, who has not for 
 the continued term of five years next preceding his admission, resided with- 
 in the United States. 
 
 [Nev. 1.]
 
 540 NEVADA TERRITOEY. 
 
 Appeals. — In Justices' Courts. — Any party dissatisfied with a judgment 
 rendered in any justices' court, may appeal therefrom to the district court, 
 for the county, any time within thirty days after the rendering of judgment. 
 The appeal may be taken by filing a notice with the justice, and serving a 
 copy on the adverse party. 
 
 In District Court appeals may be taken, 1st. From a final judgment in an 
 action or special proceeding, commenced in the court in which the judgment 
 is rendered, within one year after the rendition of the judgment ; 2d. From 
 a judgment rendered in an appeal from an inferior court, within ninety days 
 after the rendition of the judgment ; 3d. From an order granting or refusing 
 a new trial, from an order granting or dissolving an injunction, and from an 
 order refusing to grant or dissolve an injunction, and from any special order 
 made after the final judgment, within sixty days after the order is made and 
 entered in the minutes of the court ; 4th. From an interlocutory judgment 
 or order, in cases of partition, which determines the rights of the several par- 
 ties, and directs partition, sole or conclusive, to be made within sixty days 
 after the rendition of the same. 
 
 Arrests. — Tlie defendant may be arrested in the following cases : 1st. In 
 an action for the recovery of money oi' damages on a cause of action arising 
 upon contract, express or implied, when defendant is about to depart from 
 the state, with intent to defraud his creditors, or when the action is for libel 
 or slander ; 2d. In an action for a fine or penalty, or for money or property 
 embezzled, or fraudulently misapplied or converted to his own use by a pub- 
 lic officer, or an officer of a corporation, or an attorney, factor, broker, agent 
 or clerk, in the course of his employment as such, or by any other person in 
 a fiduciary capacity, or for misconduct or neglect in office or in professional 
 employment, or for a wilful violation of duty : od. In an action to recover 
 the possession of personal property, imjustly detained when 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; 4th. 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 the taking, detention, or conversion of which, the action is brought ; 5th. 
 When the defendant has removed or disposed of his property, or is about to 
 do so, with intent to defraud his creditors. 
 
 The order of arrest will be made when it shall appear to the judge by the 
 affidavit of the plaintilf, or some other person, that a sufficient cause of slc- 
 tion exists, and the case is one of those mentioned in one of the above sub- 
 divisions. The affidavit shall be either positive, or upon information and 
 belief; and when upon information and belief, it shall state the facts upon 
 which the information and belief are founded. Before making the order of 
 arrest, the judge shall require a written undertaking, in the sum of $500, 
 witli sureties. The sureties must be residents and householders or free- 
 holders, within the state, and must be worth double the amount, over and 
 above their just debts and liabilities, exclusive of property exempt from 
 execution. 
 
 Assignment. — (f^ee Insolcent Laws.) 
 
 Attachment. — The plaintilf, at the time of issuing the summons, or at any 
 tim'3 afterwards, may have the property of the defendant attached as security 
 for the satisfaction of the judgment, that may be recovered, unless the de- 
 fendant give .security to pay svich judgment as hereafter provided in the fol- 
 lowing cases : 1st. In an action on the contract for the direct payment of 
 money made, or by the terms thereof, payable in this state, which is not se- 
 cured by mortgage, lien, or jjledge upon real or personal property secured or 
 being in this state ; if so secured, when such security has been rendered nu- 
 gatory by the act of the defendant ; 2d. In an action upon a contract against 
 a defendant not residing in this state. 
 [Nev. 2.]
 
 NEVADA TERRITORY. 541 
 
 Before the issuance of the "writ of attachment, the phiiiitifF, or some one in 
 his behalf, must make an affidavit of the faets required in the two eases 
 above named, and must make a written undertaking in the sum of not less 
 than two hundred dollars, not exceedinji tlie sum claimed by the plaintiff, with 
 sufficient sureties, to the ettect that if the defend;int recover judgment, that 
 the plaintiff will pay all costs that may be awarded to the defendant, and all 
 damages that he may sustain by reason of the attachment. 
 
 Banks and Bankers. — Any person who may heroaCter lonn a banking 
 association under an act of Congress, entitled, "An act to provide a national 
 currency, secured by a pledge of United States stocks, and to provide for the 
 circulation and redemi^tion thereof," approved February 2.")th, 18G3, and 
 after they shall have fully complied with the provisions of said act, be 
 deemed and held to be citizens of this state, and shall have the same right to 
 commence and maintain actions in all courts of justice within this state, and 
 shall have and enjoy all the rights and privileges, the same as if the said as- 
 sociation, or the members thereof, were bona fide citizens or residents of this 
 state. When there is no express contract in writing, said association may 
 receive the rate of twenty-four per cent, per annum interest for all moneys, 
 after the same shall become due, on any bond, bill, or promissory note, or 
 other instrument in writing, drawn in favor of said association. 
 
 Bills of Exchange. — No person can be charged as the acceptor of a bill, 
 unless his acceptance shall be signed by himself, or his lawful agent. A 
 promise to accept a bill shall be construed as an acceptance thereof, when 
 any person on the faith thereof shall have given valuable consideration 
 thereof. 
 
 Chattel Mortgages. — Are void without delivery of the personal property, 
 when the mortgagor and mortgagee shall both annex affidavits thereto, set- 
 ting forth that the mortgage is made in good faith and given for a debt ac- 
 tually due the mortgagor, stating the amount and character of said debt, 
 and that the same is not made or received with intent to hinder, delay, or 
 defraud any creditor of the mortgagor. 
 
 Claims against Decedent's Estates.— Every claim presented to the ad- 
 ministrator shall be supported by the affidavit of the claimant that the 
 amount is justly due, that no payments have been made thereon, and that 
 there are no off-sets to the same to the knowledge of the claimant, or other 
 official ; provided, that when the affidavit is made by any other person than 
 the claimant, he shall set forth in the affidavit the reasons it was not made 
 by the claimant. The oath may be taken before any officer authorized to 
 administer oaths. 
 
 Corporations. — Any three or more persons who may desire to form a com- 
 pany for manufacturing, mining, milling, ditching, mechanical, chemical, 
 building, navigation, transiJortation, farming, trucking, hotel and inn-keep- 
 ing ore reduction purposes, as for the purpose of engaging in any other 
 species of trade, business or commerce, foreign or domestic, may make, sign 
 or acknowledge, before some jterson competent to take the acknowledgment 
 of deeds, and file and have recorded in a book provided for that purpose, in 
 the office of the clerk of the county in which the i)rincipal place of business 
 of the company is intended to be located, and a certified copy under the hand 
 of the clerk and the seal of the court of said county, in the office of secre- 
 tary of state, a certificate, in which shall be stated the corporate name of 
 the company, the object for which the same shall be formed, the amount of 
 its capital stock, the time of its existence, not to exceed fifty years, the num- 
 ber of shares of which the capital stock shall consist, the number of trus- 
 tees and their names, who shall manage the concerns of the comiiany for the 
 
 [Nev. 3.]
 
 542 NEVADA TERRITORY. 
 
 first six mouths and the name of the city, town or locality and county in 
 which the principal business of the company is to be located. No corpora- 
 tions allowed to issue or circulate notes, money, or currency within the 
 state, except those authorized by the statutes of the United States. 
 
 Costs, Security for. — Security for costs may be required of non resi- 
 dents commencing suits in the courts of this state. 
 
 Courts. — Terms and Jurisdiction of : 
 
 The following are the courts of Nevada : 1. Supreme Court. 2. District 
 Court. 3. Justices' Courts. 4. Such municipal courts as the legislature 
 may establish. 
 
 The Supreme Court has appellate jurisdiction in all cases in equity ; also~ 
 in all cases on law involving the title or right of possession of real estate or 
 the legality of any tax, impost, assessment, toll or municipal fine, or in which 
 the demand, exclusive of interest, exceeds $300. 
 
 TJie District Courts shall have original jurisdiction in all cases of equity ; 
 in all cases of law involving the title or possession of real estate, or the 
 legality of a tax, impost, assessment, toll or municipal fine, and in all cases 
 in which the demand, exclusive of interest, shall exceed $300 ; also in all 
 cases relating to the estates of deceased persons and the persons and estates 
 of minors and insane persons. 
 
 Justices' Courts shall have jurisdiction in cases where the sum claimed, 
 exclusive of interest, does not exceed $300. 
 
 Court Calendar. — 
 
 UNITED STATES COURTS. 
 
 Associate Justice Supreme Court, Stephen J. Field. Circuit Judge, Lorenzo Saw- 
 yer, San Franciso, Cal. District Judge, George M. Sabin, Carson City. Clerk of Cir- 
 cuit and District Courts, and Z^. S. Commissioner, 'S. S. Edwards, Carson City. U. S. 
 District Attorney, Trenmor Coffin, Carson City. U. S. Ifarshall, P. S. Corbett, Virginia 
 City. 
 
 Terms.— CiTcnit Court. At Carson City, 3d Monday of March and 1st Monday of 
 November. District Court. At Carson Citj', 1st Mondays of Feb., May and Oct. 
 
 STATE COURTS. 
 
 Supreme Court. — Chief Justice, C. H. Belknap. Associate Justices, O. R. Leon- 
 ard and Thos. P. Hawley. Atto'^ney General, Jno. F. Alexander. Clerk, Chas. F. 
 Bicknell. P. O. Address of all, Carson City. 
 
 Terms, — At Carson City, 1st Monday of January, April, July and October. 
 
 DISTRICT COURTS. 
 
 By Judiciary Act of 1885, all tei'ms of District Courts abolished, and District 
 Courts are always open. 
 
 Curtesy and Dower. — Abolished in this state. 
 
 Deeds. — Conveyances of lands, or of any estate or interest therein, may 
 be made by deed, signed by the person from whom the estate, or interest, is 
 intended to pass, being of lawful age, or by his agent, or attorney, and ac- 
 knowled or proved and recorded. 
 
 The proof of acknowledgment of every conveyance effecting auy real 
 estate shall be taken by some one of the following officers : 1st. If acknow- 
 ledged or proved within this state, by some judge or clerk of a court, having 
 a seal, or some notary public or justice of the peace, provided, when the ac- 
 knowledgment is taken before a justice of the peace, in any other county 
 than that in which the real estate is situated, the same shall be accompanied 
 by the certificate of the clerk of the district court of said county, as to the 
 official character of the justice taking the proof, or acknowledgment, and 
 the authenticity of liis signature. 2d. If acknowledged or proved without 
 [Nev. 4.1
 
 NEVADA TERRITORY. 543 
 
 this state and within the United States, by some judge or clerk of any court 
 of the United States, or of any state or territory having a seal, or by any 
 commission appointed by the govenunent of this state for that purpose, or 
 by a justice of tlie peace of any county, in any state or territory in the 
 United States, accompanied by the certificate of tlie clerk of a court of 
 record of the county, having a seal, as to the official character of the justice 
 and the authenticity of liis signature. 
 
 Such certificate shall be substantially as the following form, to-wit: 
 "State of Nevada, county of on this day of A. D. -per- 
 sonally appears before me, a notary public (or judge, or officer, as the case 
 may be) in and for said county, A. B., known to me to be the person de- 
 scribed in and who executed the foregoing instrument, who acknowledged 
 to me that he executed the same freely and voluntarily and for the uses and 
 purposes therein mentioned." 
 
 Descent and Distribution. — When any person having title to any estate, 
 not othei"n'ise limited by marriage contract, sliall die intestate as to such 
 estate, it shall descend and be distributed, subject to the payment of his or 
 her debts, in the following manner : 1st. If there be a surviving husband, or 
 wife, and only one child, or the lawful issue of one child, in equal shares to 
 the sui-\nving husband, or wife and child, or issue of such child. If there 
 be a surviving husband or wife and more than one child, or one child living 
 and the lawful issue of one or more deceased children, one-third to the sur- 
 viving husband or wife and the remainder, in equal shares, to his or her 
 children and to the lawful issue of any deceased child, by right of represen- 
 tation. If there be no child of the intestate living at the time of his or her 
 death, the remainder shall go to all of his or her lineal descendants ; and if 
 all the said descendants are in the same degree of kindred to the intestate 
 they shall share equally, otherwise they shall take according to the right of 
 representation. 2d. If he or she should leave no issue, the estate shall go in 
 equal shares to the surviving husband or wife, and to the intestate's father. 
 If he or she shall leave no issue, or husband or wife, the estate shall go to 
 his or her father. 3d. If there be no issue, nor husband, nor wife, nor 
 father, then in equal shares to the brothers and sisters of the intestate and 
 to the children of any deceased brother or sister by right of representation ; 
 provided, that if he or she shall leave a mother, also, she shall take an equal 
 share with the brothers and sisters. 4th. If the intestate shall leave no 
 issue, nor husband, nor wife, nor father, and no brother nor sister living at 
 the time of his or her death, the estate shall go to his or her mother, to the 
 exclusion of the issue, if any, of the deceased brothers and sisters. 5th. If 
 the intestate shall leave no issue, nor husband, nor wife, and no father, 
 mother, brother, nor sister, the estate shall go to the next of kin, in equal 
 degree, excepting that when there are two or more collateral kindred in 
 equal degree, but claiming through different ancestors, those who claimed 
 through the nearest ancestors shall be preferred to those claiming through 
 ancestors more remote. If the intestate shall leave no husband nor wife, 
 nor kindred, the estate shall escheat to the state for the support of common 
 schools. 
 
 Depositions. — The deposition of a witness out of this state shall l)e taken 
 upon commission, issued out of the and under the seal of the court, upon 
 the application of either party, upon five days' previous notice to the other. 
 It shall be issued to a person agreed on by the parties, or if they do not 
 agree, to any jvulge or justice of the peace, selected by the officer granting 
 tiie commission, or to a commissioner appointed by the governor of this state 
 to take affidavits and depositions in other states and territories. 
 
 Divorces. — May be granted for the following groinids, when the plaintiff 
 has resided six months in the county wherein the suit is brought : 1. Impo- 
 teucy at the time of marriage, continuing to the time of the divorce. 2. 
 
 [Nev. 5]
 
 544 NEVADA TERRITORY. 
 
 Adultery siuce the marriage, remaining unforgiven. 3. Wilful desertion, 
 at any time, of either party by the other, for the period of one year. 4. 
 Conviction of felony or infamous crime, 5. Habitual gross druiikeuness, 
 contracted since marriage of either party which shall incapacitate such party 
 from contributing his or her share to the support of the family. 6. Extreme 
 craelty in either party. 7. Neglect of the husband for the period of one 
 year to provide the common necessaries of life. 
 
 Evidence. — There shall be no evidence of the contents of a writing, ex- 
 cept the writing itself. Except in the following cases : 1. AVhen the origi- 
 nal has been lost or destroyed, in which proof of the loss or destniction shall 
 first be made. 2. When the original is in the possession of the party against 
 whom the evidence is offered, and he fails to produce it after reasonable no- 
 tice. 3. When the original is a record, or other document, in the custody of 
 a public officer, or officer of a corporation. 4th. When the original has been 
 recorded and a certified copy of the record is made evidence by statute. 
 5th. When the original consists of numerous accounts, or other documents, 
 which camiot be examined in court without great loss of time, and the evi- 
 dence sought fnsm them is only the general result of the whole. 
 
 Executors.^ — No person shall be deemed competent to serve as executor 
 who at the time of tlie will proved, shall be : 1st. Under the age of ma- 
 jority ; or, 2d. Who shall have been convicted of an infamous crime ; or. 
 3. Who, upon proof, shall be adjudged by the court incompetent to execute 
 the duties of the trust by reason of drunkenness, imprudence, or want of 
 understanding. If any such person be named as the sole executor to any 
 will, or if all the i>ersons named as executors are incomiJetent or shall re- 
 nounce, or fail for letters, or to appear and qualify. Letters of administra- 
 tion with the will annexed, attached shall not be issued. 
 
 Execution. — An execution may issue immediately after entry of judgment, 
 and at any time within five years from entry of judgment, unless a stay is 
 granted, and may issue to different counties. All property of the debtor not 
 exempt by law is liable to execution. Personal property is not affected by an 
 execution until a levy. In district court, executions are returnable m not 
 less than ten nor more than sixty days after receipt by sheriff. The same 
 periods apply to execution from a justices' court. 
 
 Exemptions. — The homestead, amounting to $5,000 ; of personal property 
 the following : 1st. Chairs, tables, books and desks to the value of $100. 
 belonging to the judgment debtor. 2d, Necessary household, table and 
 kitchen furniture, belonging to the judgment debtor, including stove, stove- 
 pipe and stove furniture, wearing apparel, beds, bedding and tsedsteads, and 
 provisions and firewood necessary for family use for one month. 3d. The 
 farming utensils or imxjlements of the judgment debtor ; also, two oxen, or 
 two horses, or two mules and their harness, two cows and one cart or wagon 
 and food for such oxen, horses, cows or mules for one numtli ; also, all seed, 
 grain or vegetables actually provided, reserved or on hand, for the purpo.se 
 of planting or sowing, not exceeding in value the sum of $200. 4th. The 
 tools and implements of a mechanic or artizan necessary to carry on his trade; 
 the instruments and chests of a surgeon, physician, surveyor and dentist, 
 necessary to the exercise of their profession, with their scientific or profes- 
 sional libraries, and the law libraries of an attorney or counsellor, and the 
 libraries of a minister of the gospel. 5th. The cabin or dwelling of a 
 miner, not exceeding in value the sum of $500, also, his sluices, pipes, hose, 
 windlass, whim, derrick, cars, i)umps, tools, implements and appliances nec- 
 essary for the carrying on of mining operations, not exceeding in value the 
 sum of $500 ; also, two horses, mules or oxen with their haniess, and food for 
 such horses, oxen or mules for one month, Cth. Two oxen, two horses or 
 two mules and their harness, and one cart or wagon by the use of which a 
 [Nev. 6.]
 
 NEVADA TERRITORY. 545 
 
 cartman, Imckster, poddler, teamster or other laborer habitually cams his 
 living, and one horse with vehicle and harness or other equii>nients used by 
 a physician, or surgeon, or minister of tlie gospel in making his professional 
 visits, and also food for such oxen, mules or horses for one month. No article 
 or species of property mentioned shall be exempt from execution, or a judg- 
 ment recovered for its price, or ujjou a mortgage thereon. The sum of $50 
 is exempt from the wages of a jjerson for the thirty days next preceding the 
 levy of an executi<m. 
 
 False Pretenses. — If any person by false representations of his own wealth 
 <ir mercantile (correspondence and connections, shall obtain a credit thereby, 
 and defraud any person or j)ersons of money, goods, chattels or any valuable 
 thing, or if any person shall cause or procure others to reiJort falsely of his 
 wealth or mercantile charactei-, and by thus imposing ujion any person or 
 persons, obtain credit and thereby fraudulently get into possession of goods, 
 wares and merchandise or other valuable thing, every such offender shall be 
 deemed a swindler, and on conviction, shall be sentenced to deliver the prop- 
 erty so fraudulently obtained, if it can l)e done, and shall be fined, not ex- 
 ceeding one thousand dollais and imprisoned in the county jail not more 
 than six months. 
 
 Frauds, Statute of. — All deeds of gift, conveyance, and all transfers or 
 assignments, verbal or written, of goods, chattels, or things in action, made 
 in trust, for the use of the person making the same, shall be void as against 
 the creditors existmg or subsequent of such person. In the following cases 
 every agreement shall be void, unless such agi'eement or some note or memo- 
 randum thereof, expressing the consideration, be in writing, and subscribed 
 by the party charged therewith: 1st. Every agreement, that by the terms, 
 is not to be performed within one year from the making thereof; 2d. Every 
 sjHicial promise to answer for the debt, default, or miscarriage of another ; 
 ;W. Every promise or undertaking made upon consideration of marriage, ex- 
 cept mutual promises to marry. 
 
 Every contract for the sale of any goods, chattels, or things in action, for 
 the price of $50, or over, shall be void, unless : 1st. A note or memorandum 
 of such contract be made in writing, and be subscribed by the parties to be 
 charged therewith ; or 2d. Unless the buyer shall accept or receive part of 
 such goods, or the evidence, or some of them, of such things in action ; or 
 3d. Unless the buyer shall at the same time pay some part of the jmrchase- 
 money. 
 
 Every sale made by a vendor of goods and chattels in his possession or un- 
 der his control, and every assignment of goods and chattels, unless the same 
 be accompanied by an immediate delivery, and be followed by an actual and 
 continued change of possession of things sold or assigned, shall be conclu- 
 sive evidence of fraud as against the creditors of the vendor, or the creditors 
 of the person making such assignment, or subsequent purchasers in good 
 faith. 
 
 Garnishments. — Debts and credits, and other property not callable of 
 manual delivery, may be attached in execvition, in like manner as upon writs 
 of attachment. 
 
 Grace. — Three days are allowed on i)romissory notes and bills, except on 
 sight bills or drafts. 
 
 Homestead. — (See Exemption a. ) 
 
 Insolvent Laws. — Evciy insolvent debtor owing $500. may be discharged 
 from his debt by an assignment of all his property, real and personal, or' 
 mixed, for the benefit of his creditors. The petitioning debtor must have 
 
 [Nev. 7:]
 
 546 NEVADA TERRITOKY. 
 
 resided in the county, wliere lie applies for a decree of discharge from his 
 debts, for the period of one year before the tiling of his petition, and must 
 surrender property for his creditors equal to one-half the value of his debts. 
 
 Interest. — The legal rate is ten per cent, per annum, but parties may con- 
 tract in writing for the payment of any other rate. After a judgment on 
 such a contract, only the original claim shall draw interest. 
 
 Judgments. — A judgment becomes a lien upon the real estate of the judg- 
 ment debtor, not exempt from execution within the county where it is ren- 
 dered, from the time it is docketed, and remains a lien for two years. A cer- 
 tified transcript filed with the recorder of another county, has the same effect 
 in that county. Judgments take precedence in the order in which tliey are 
 docketed. A judgment in a justices' court also becomes a lien upon the 
 filing and recording of a certified transcript thereof in the ofiice of the 
 county recorder of the county in which judgment is rendered. "When such 
 transcript is to be filed in another county than that in which the justice re- 
 sides, it shall be accompanied by a certificate of the county clerk, as to the 
 official character of the justice. 
 
 Under the head of service, the several periods in which a party must plead 
 is shown. In actions at law for a specific sum of money, judgment can be 
 entered immediately upon default ; in other cases application has to be made 
 to the court. 
 
 A written contract providing for an attorney fee, in case of suit for collec- 
 tion, would not, probably, be a promissory negotiable note ; but if mortgages 
 and such contracts provide an attorney fee, the fee can be taxed up, if rea- 
 .sonable. 
 
 Justices of the Peace. — Justices of the peace have jurisdiction in the 
 justices' courts, in actions on contract for the recoveiy of money only. If 
 the sum claimed, exclusive of interest, does not exceed three hundred 
 dollars. 
 
 Landlord and Tenant.— When any person or persons shall hold over any 
 lands, tenements, or other possessions, after the termination of the time for 
 which they were demised or let to him, her or them, or to the person or per- 
 sons under whom he, she, or they hold, or after any rent shall become due, 
 according to the terms of such lease or agreement, and shall remain occupied 
 for the space of three days after the demand for the payment thereof, in all 
 ;such cases, if the lessor, his heirs, executors, administrators, assigns, agent, 
 or attorney, shall make demand in writing, of such tenant or tenants, or any 
 person in possession of the premises held as aforesaid ; and if such tenant or 
 tenants, or person or persons in possession of the premises, shall refuse or 
 oieglect, for the space of three days after such demand to quit the possession 
 •of such lands or tenements, or to pay the rent due and unpaid, as aforesaid, 
 lupon complaint therefor to any justice of the peace of the proper county, the 
 justice shall proceed to hear, try and determine the same in manner as pro- 
 vided by law. 
 
 Leases. — Every contract for the leasing for a longer period than one year, 
 or for the sale of any land, or any interest in land, sliall be void, unless the 
 contract, or some note or memorandum thereof expressing the consideration, 
 be in writing and subscribed by the party to whom the lease or sale is to be 
 made. 
 
 Licenses. — Any minister of the gospel must, before solemnizing marriages, 
 procure a license therefor from any district court in the state. 
 
 Liens. — Every person performing labor upon, or furnishing material of the 
 value of $r)00 or more, to be used in the construction, alteration or repairs 
 [Ncv. 8.1
 
 NEVADA TERRITORY. 547 
 
 of any building, or other superstructures * * has a lien upon the same, 
 for the work or labor done, or material furnished by each respectively, whetln-r 
 done or furnished at the instance of the owner of the building or other im- 
 provement, or his agent. All miners and other laborers who perform So.OO 
 worth of work ujion any mine, shaft or tunnel, have a lien upon the same for 
 the amount and value of work and labor perfonned. 
 
 These liens are preferred to any lien, mortgage, or other incumbrance 
 "which may have attached subsequent to the time when the building or super- 
 structure was commenced, work done, or materials were comrrtenced or fur- 
 nished, also to any lien, mortgage, or other incumbrance of which the lien 
 holder had no notice, and which was unrecorded at the time the building or 
 structure was commenced. 
 
 Every original contractor, within sixty days after the completion of his 
 contract, and every person save the the original contractor must, within thirty 
 days after the completion of any building, etc., filefor record with the county 
 recorder of the county in which the property or some part thereof is situated, 
 a claim containing a statement of his demand, which claim must be veriiiiHl 
 by the oath of himself or some other person. 
 
 No lien binds any building, mining claim, improvement or structure for a 
 longer period than six months after the same has been filed, luiless proceed- 
 ings be commenced in a proper court within that time to enforce the same ; 
 or if a credit be given the ninety days after the expiration of such credit. 
 
 Liens rank as follows : 1st. All persons other than the original contractors 
 and sub-contractors ; 2d. The sub-contractors ; 3d. The original contractors. 
 
 A judgment becomes a lien upon all the real property of the judgment 
 debtor, not exempt from execution in the county owned by him at the time 
 or which he may afterwards acquire, until the said lien expires. It becomes 
 a lien from the time the judgment is docketed, and continues for two years, 
 unless the judgment is previously satisfied. 
 
 A transcript of the judgment filed in the office of the county recorder of 
 another county, becomes a lien upon all the real property of the judgment 
 debtor in that county, and continues f(^)r two years. 
 
 Limitations of Actions. — Four years, parole contracts, open accounts, ac- 
 tions, contracts not founded on written instruments. Six (6) years on action 
 on judgments and written contracts, such as promissory notes, etc. 
 
 Limited Partnerships. — Persons desiring to form limited partnerships, 
 shall make and severally sign a certificate which shall contain the name or 
 firm under which said partnership is to be conducted, the names and respec- 
 tive places of residence of all the general and special partners, distinguishing 
 Tvho are general and who are special partners, the amount of capital 
 which such special partner has contributed to the capital stock, the 
 general motive of the business to be transacted; and the time when the part- 
 nership is to commence, and when it is to terminate. Such certificate shall 
 be acknowledged by all the partners, before some officer authorized to take 
 acknowledgment of deeds, and recorded in the office of the recorder of the 
 county where the principal place of business of the partnership may be. 
 
 Married "Women. — All property of the wife owned by her before marriage 
 and that acquired by her afterwards by gift, devise or descent, with the rents, 
 issues and profits thereof, is her separate property ; and all property of the hus- 
 band owned by him before marriage and that acquired by him afterwards by 
 gift, bequest, devise or descent, with the rents, issues and profits thereof, is his 
 separate property. All the property acciuired after marriage by eitherhusband 
 orwife, or both, except the following, is community property : Exception, 1st. 
 The earnings and accumulation of the wife and of her minor children living 
 with her or in her custody, while she isliving separate from her husbandarethe 
 separate property of the wife. Exception, 2d. When the husband has allowed 
 the wife to appropriate to her own use her earnings, the same with the issues 
 
 [Xcv. 9.]
 
 648 NEVADA TERRITORY. 
 
 and profits thereof, is deemed as gift from him to her and is with such issues 
 and profits her separate property. The earnings of the wife are not liable 
 for the debts of the husband. The separate property of the wife is not liable 
 for the debts of the husband, but is liable for her own debts contracted 
 before or after marriage. If the husband neglects to make adequate pro- 
 vision for the support of his wife, any other person may in good faith, sup- 
 ply her with articles necessary for her support, and receive the reasonable 
 value thereof from the husband. A husband, abandoned by his wife, is not 
 liable for her support until she offers to return, unless she was justified by his 
 misconduct in abandoning him. 
 
 Mechanics' Liens.— ('See Liens.) 
 
 Minors. — All male persons of the age of twenty-one years, and all females 
 of the age of eighteen years, and who ai'e under no legal disability, should 
 be capable of entering into any contracts and shall be, to all intents and pur- 
 poses, held and considered to be of lawful age. 
 
 Mortgages. — A mortgage of real property, whatever its terms, shall not 
 be deemed a conveyance, so as to enable the owner of the mortgage to recover 
 possession of the real property, without a foreclosure and sale. 
 
 But one form of action for the recovery of any debt, or enforcement of any 
 right secured by lien or mortgage upon property, real or personal, which is 
 by action for foreclosure. Judgment is for amount found due, with a decree 
 or order of sale of incumbered property, and for the application of the pro- 
 ceeds to the payment of the debt ; balance remaining due, if any, is dock- 
 eted against the defendant personally liable. It is only necessary that the 
 mortgagee should join in discharge. The discharge may be made either 
 upon the margin of the record of the mortgage, or by satisfaction piece duly 
 acknowledged and recorded. Before any satisfaction or discharge of a 
 mortgage can be made, the law exacts an oath by the mortgagee, or agent of 
 mortgagee, to be made before the recorder having custody of the record of 
 the mortgagee, that all state and county taxes, assessed and levied upon the 
 moneys or debts secured by the mortgage, have been paid. This oath can 
 only be made before the county recorder having the custody of the record of 
 the mortgage to be discharged. 
 
 Notes and Bills of Exchange. — Protest and notice will hold the indor- 
 ser ; and the general statute of limitation, six years, is the limitation of the 
 right of action. Fifteen per cent, damages are allowed on domestic, and 
 twenty per cent, on foreign bills protested. Grace is not allowed on sight 
 drafts. 
 
 Oaths and Affidavits. — {See Affidavits.) 
 
 Partnerships. — Partnerships are governed in Nevada by the common law. 
 The surviving partner has the right to continue in possession of the effects 
 and settle up its business and shall account therefor to the administrator of 
 the deceased partner. 
 
 Practice. — The practice of the courts of Nevada is substantially the same 
 as that of California, and has been modeled after the practice of the stat« of 
 New York. 
 
 Proof of Claims. — If a claim be not presented within ten months after the 
 first })ublication of the notice by the administrator, it shall be barred forever, 
 provided, if it be not then due, or if it be contingent it may be presented 
 within ten months after it shall become due or absolute ; and, provided 
 further, that when it shall be made to appear by the affidavit of the claimant 
 to the satisfacti<jn of the district judge, and of the administrator or executor, 
 [Nev. 10.]
 
 NEVADA TERRITORY. 549 
 
 that the claimant need no notice, as provided in tliis act, by reast)n of ab- 
 sence from this state, it may be presented at any time before a decree of dis- 
 tribution is entered. 
 
 Every claim presented to the administrator shall be supi)orted by the affi- 
 davit of the claimant, that the amount is justly due, that no payments have 
 been made thereon, and that tliere are no off-sets to tlie same, to tlie know- 
 ledge of the claimant or other affiant. The i»ath may be taken by any officer 
 authorized to administer oaths. 
 
 Recording. — Every conveyance of real estate and every instrument in 
 writing setting forth an agreement to convey any real estate, or whereby any 
 real estate may be affected, proved, acknowledged or certified in the maimei- 
 provided by law to operate as notice to third persons, shall be recorded in 
 the office of the recorder of the county in which such real estate is situated, 
 but shall be valid and binding between the parties thereto without such 
 name. 
 
 Redemption. — Six months arc allowed for redemption of real estate sold 
 under execution or decree in suit for foreclosure of mortgages, liens, etc., on 
 payment to the purchaser, the purchase mcmey thereof and eighteen per 
 <5ent. interest thereon, together with the amount of taxes or assessments paid 
 by the purchaser thereon. 
 
 Replevin. — When a delivery is claimed, an affidavit shall be made by the 
 l)laintitt" or some one in his behalf showing : 1st. That the plaintiff is the 
 owner of the proi)erty claimed, particularly describing it, or is lawfully en- 
 titled to the possession thereof. 3d. That the property is fully delivered by 
 the defendant. 3d. The alleged cause of the detention thereof, according to 
 his best knowledge, information or belief. 4th. That the same has not been 
 taken for a tax, assessment or fine, pursuant to a statute, or served under an 
 execution or an attachment against the property of the plaintift', or if so 
 served that it is by statute exempt from such service, and 5th. The actual 
 value of such i)roperty. 
 
 Revenue. — An ad valorum tax of 90 cents on the $100 will be taxable pro- 
 perty of the state, is levied annually. Of such tax 64 cents shall go to the 
 general fund of the state, 8 cents shall go to the territorial interest fund, 10 
 cents shall go to the state interest and sinking fund, o cents shall go to the 
 indigent insane asylum, interest and sinking fund, and 5 cents shall go into 
 the general school fund of the state. 
 
 Seals. — Seals are required in wills and executions issued from district 
 ■courts. The word "seal " in the initial letters L. S. and other characters of 
 like import opposite the name of the signers of written instruments are 
 legally unnecessary. 
 
 Stay of Execution. — If an appeal be taken from a judgment or order di- 
 recting tlie payment of money, it shall not stay the execution of the judg- 
 ment or order, unless a written undertaking be executed on the part of the 
 appellant by two or more sureties stating their places of residence, and occu- 
 pation, to tlie effect that they are bound in double the amount named in the 
 judgment or order ; that if the judgment or order appealed from, or any part 
 tliereof, be affirmed, the appellant, shall pay the amount directed to be paid 
 by the judgment or order, or the part of such amount as to whicli,the jiulg- 
 ment or order shall be affirmed, if affirmed only in part, and all damages and 
 costs which shall be awarded against appellant upon tlie appeal. 
 
 The sureties must qualify for double the amount, except where the judg- 
 ment exceeds $;>,000, and the undertaking is executed by more than two 
 .sureties, they may state on their affidavit that they are severally worth 
 amounts, less than that expressed in the undertaking, if the whole amount 
 be equivalent to that of two sureties. 
 
 [ISev. 11.1
 
 .550 NEVADA TERRITORY. 
 
 Suits. — Suits are instituted by the filing of a complaint (in justices' courts 
 by the filing of a complaint or a copy of the account, note, bill, bond or in- 
 strument on which the action is brought) and the issuance of a summons. 
 
 Supplementary Proceedings. — When an execution against the property 
 of the judgment debtor, or any one of the several judgment debtors in the 
 same judgment, to the sheriff (or constable) of the county where he resides, 
 or if he does not reside in this state, to the sheriff of the county where the 
 judgment roll is filed, is returned unsatisfied in full or in part, the judgment 
 creditors, at any time after such return is made, shall be entitled to an order 
 from the judge of the court, requiring such judgment debtor to appear and 
 answer upon oath, concerning his property, before such judge (or justice of 
 the peace, ) or a referee appointed by him at a time and place specified in the 
 order. 
 
 Taxes. — {See Revenue.) 
 
 Trust Deeds. — The common law is applicable thereto. 
 
 Usury. — There are no usury laws in the state. That is, parties may agree 
 upon such a rate of interest as they please. 
 
 Wages. — The sum of $50 is exempt from execution or attachment of the 
 wages of a person, earned during the thirty days next preceding the order 
 therefor. The wages of a miner, mechanic, salesman, servant, clerk or la- 
 borer, amounting to $200, rendered in ninety days next preceding the assign- 
 ment of any property, real or jjersonal, upon which labor or service by such 
 persons have been performed, are preferred claims are to be j^aid first. 
 
 Wills. — Every person over the age of eighteen years, of sound mind, may, 
 by last will, dispose of his or her estate, real or personal. The same being 
 chargeable with the payment of the testator's debts. 
 
 The will must be in writing, signed by the testator, and sealed with his 
 seal, or by some one in his presence and by his express direction, and attested 
 by at least two competent witnesses, subscribing their names to the will, in 
 presence of the testator. 
 
 Witnesses. — All persons without exception (otherwise those hereafter 
 specified), and who having organs of sense can perceive, and perceiving can 
 make known their preceptions to others, may be witnesses in any action or 
 proceeding in any court in this state. Facts which, by the common law, 
 would cause the exclusion of witnesses, may still be shown for the purpose 
 of affirming their credibility. 
 
 rNev. 12 ]
 
 NEVADA TERRITORY. 
 
 351 
 
 ATTORNEYS IN NEVADA TERRITORY. 
 
 Bold Face Type denotes county seats. A dash (— ) less than 100 population. 
 Figures after names wiien admitted to the Bar. A star (*) Notaries Public. 
 A double dagger (I) our Compiler of Laws. 
 A dagger (tJ former recommendations withdrawn. 
 
 PLACE. 
 
 COUNTY, 
 
 Austin 
 
 Lander 
 
 Belmont 
 
 Nye 
 
 Carson City 
 
 Ormsby 
 
 Dasrton 
 
 Lyon 
 
 Elka 
 
 Elka 
 
 Eureka 
 
 Eureka 
 
 Genoa 
 
 Douglass 
 
 Hamilton 
 
 White Pine 
 
 Hawthorne 
 
 Esmerald 
 
 Pioche 
 
 Lincoln 
 
 Reno 
 
 Washoe 
 
 St. Clair 
 
 Churchill 
 
 Stillwater 
 
 Churchill 
 
 Virginia City 
 
 Storey 
 
 Winnemucca 
 
 Humboldt 
 
 NAMES OP ATTORNEYS. POPULA-N. 
 
 H. T. Creswell. 2,150 
 
 John Reynolds. 300 
 
 T. Coffin. 4,500 
 
 G. W. Keith. 600 
 
 Talbott & Farrington. 752 
 
 Hon. Peter Breen. 4,207 
 
 D. W. Virgin. . ' 313 
 
 A. B. Freece. 1,000 
 
 A. W. Crocker. 650 
 
 G. W. Sawyer. 800 
 
 J. F. Alexander. 2,000 
 
 L. Allen. 159 
 
 W. J. Brandon. 214 
 
 U J. W. Whitcher. -,0017 
 
 ^ See Card in Appendix, paxje xiv. ^"j''^ ' 
 
 W. S. Bonnifield. 1.80'5 
 
 BANKS IN NEVADA TERRITORY. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital of o 
 bank in each county of this territory in which such a banking institution is located. 
 
 PLACE. 
 
 Aurora 
 
 Austin 
 
 Carson City 
 
 Carson City 
 
 Elko 
 
 Eureka 
 
 Pioche 
 
 Reno 
 
 Taylor. 
 
 Virginia City 
 
 Winnemucca 
 
 NAME OF BANK. 
 
 C Novacovich 
 
 Paxton & Curtis 
 
 Bullion & Exchange Bank 
 
 Wells, Fargo k, Co 
 
 •J Henderson 
 
 Eureka County Bank 
 
 W E Griffin 
 
 First National Bank 
 
 Taylor Bank 
 
 Bank of California 
 
 Nevada Bank of Sau Frau. 
 
 Wells, Fargo ic Co 
 
 N Delbancu 
 
 
 PAID tir 
 
 CASHIER. 
 
 CAPITAL. 
 
 C. P. Soule. 
 
 
 Theo. R. Hoffer. 
 
 $ 40,000 
 
 E. F. Pierce, Agent. 
 
 
 
 50,000 
 
 H. T. Hoadley. 
 
 100,000 
 
 J. V. Keeley. 
 
 15,000 
 
 Chas. T. Bender. 
 
 100,000 
 
 Sol. Hilp. 
 
 10,000 
 
 Geo. A. Morgan. 
 
 
 .1. F. Bigelow, Agt. 
 
 
 ('. C. Preudergast, Agt. 
 
 75,ooq
 
 STATE OF 
 
 NEW HAMPSHIRE. 
 
 SUMMARY OF 
 
 Collection Laws. 
 
 Court Calendar, Instructions for taking Depositions, Legal Forms. Etc. 
 
 Expressly Prepared and Revised to Nov. 1st, 1887, for "Showers' 
 
 Legal Directory and Merchants' Guide," for 1888, by 
 
 Geo. M. Fletcher, of the Concord Bar. 
 
 Acknowledgments. — Of deeds or other conveyances of real estate must be 
 made before a justice, notary public or commissioner, or, in foreign countries, 
 before a minister or consul of the United States. Tlie signature of the gran- 
 tor must be attested by two or more witnesses. 
 
 Actions. — Original forms of process are, writs of attachments, capias, 
 summons, replevin and trustee process, or foreign attachment. In actions 
 brought by non-residents, some responsible resident is required to indorse 
 the writ. The attorney bringing the suit may be, and usually is, the 
 indorser. 
 
 If either party resides in this state, transitory actions should be brought 
 in the county in which one of the party resides. If neither party resides in 
 the state, the action may be brought in any county. 
 
 Administration of Estates of Deceased Persons.— Administration is 
 granted 1st, to the executor named in the will ; 2d, to the widow, or any of 
 the next of kin or such suitable person as any of them nominate ; 3d, to a 
 devisee or creditor ; 4th, to such person as the judge of probate thinks 
 proper. No action can be maintained against an administrator if commenced 
 within a year after original grant of administration, nor until payment of 
 the debt has been demanded of the administrator. Claims must be shown 
 to the administrator within two years of the original grant of administration, 
 and actions must be commenced within three years after such grant, time of 
 suspension of administration not included. 
 
 Estates are distributed in the following order: 1st, just expenses of ad- 
 ministration ; 2d, funeral expenses ; 3d, allowance to widow ; 4th, debts ; 
 expenses of last sickness are preferred to other debts ; 5th, support of chil- 
 dren until seven years of age, if estate is solvent ; Oth, legacies. Any estate 
 may be administered as insolvent, in which case claims must be presented to 
 and allowed by commissioners within the time named in their commission 
 (six to nine months). A creditor or administrator may appeal from the order 
 of the commissioners to the supreme court. 
 
 Affidavits. — May be made before any officer autliorized to take deposi- 
 tions. 
 
 Aliens. — Resident aliens can take, hold and convey real estate, and the 
 same descends as though thev were native born citizens.
 
 NEW HAMPSHIRE. 553 
 
 Appeals. — May be taken from any police or justice court to the supreme 
 court. It must be claimed within two hours after Judgment rendered, and 
 bond to pay costs must be given. Appeals may be taken from probate court 
 to supreme court, if claimed in writing within sixty days after judgment 
 rendered and security to prosecute appeal and pay coBts must be given. 
 
 Arrests. — No woman, sherifl', or voter on election day, is liable to arrest 
 on civil process. No person is liable to arrest on real action or action of eject- 
 ment, or on action founded on contract, unless the debt exceeds thirteen dol- 
 lars and thirty-three cents, and then only by its appearing by affidavit on the 
 back of the writ, or execution signed by the plaintiff, or some one for him, 
 that the defendant is, in his belief, justly indebted to him in a sum exceeding 
 thirteen dollars and thirty-three cents, and that he conceals his property, or 
 is about to leave the state, to avoid payment of his debts. 
 
 Assignments. — Are made to the judge of probate for the county in which 
 the debtor resides, and must be for the benefit of all creditors alike. An 
 assignment has no effect until filed with the judge or register of probate. 
 Within ten days of such filing, the debtor must file in the probate oflice a 
 list of creditors with their residences, and within fifteen days, must file a list 
 of all his property ; both lists must be sworn to. 
 
 The judge appoints a messenger to take charge of the property who may 
 sell perishable property. Notice is given to the creditors by the judge per- 
 sonally, or by publication of a meeting to select an assignee. 
 
 Upon the written recommendation of two-thirds in number and a majority 
 in value of those who have jiroved their claims by their oath, the judge ap- 
 points an assignee who cannot be a creditor of the debtor. Every creditor 
 must file in the probate office, within one month after the assignment, a dis- 
 tinct statement of his claim and the offsets thereto, verified by his oath or 
 that of his agent, as follows : '"I do solemnly swear (or affirm) that, accord- 
 ing to the best of my knowledge and belief, the above is a true statement of 
 
 my claim against , and that I have not on my books or elsewhere, any 
 
 credit, or any knowledge of any credit that should be allowed against my 
 claim, except what is stated in the foregoing account, so help me God.'''' 
 
 Objection to any claim must be filed in the probate office within three 
 months. Upon cause shown, the judge may give furthertime, not exceeding 
 two months, to any party omitting to file his claim or objection. An account 
 must be rendered within six months, and the estate settled within one year, 
 but with the consent of a majority of the creditors in number owning a ma- 
 jority of the debts, the judge may grant further time. Creditors holding the 
 obligations of the debtor aggregating three hundred dollars, may petition 
 him into insolvency. A messenger is appointed, and the proceedings are the 
 same as in case of a voluntary assignment. 
 
 An assignment to the judge of probate for the benefit of creditors vacates 
 all attachments except those made three months previous to the assignment: 
 it also vacates all payments, pledges, mortgages, conveyances, sales and trans- 
 fers, made within three months next before the assignment, and after August 
 28th, 1885, and before the first of September, 1885, and all payments, pledges, 
 mortgages, conveyances, sales and transfers whenever made, if fraudulent as 
 to creditors, and the assignee may recover and hold such property, provided 
 that sales of real or personal estate, in the ordinary course of business, are 
 deemed valid if the purchaser receives the property in good faith, and pro- 
 vided also that any mortgage given within said three months to secure a debt 
 created at the time of giving the mortgage, shall be valid, or the considera- 
 tion returned to the mortgagee. 
 
 Upon the debtor producing at the first meeting of the creditors the proper 
 affidavit, and if his debts exceed three hundred dollars, and also producing 
 an agreement signed by three-fourths of his creditors, holding three-fourths 
 of his debts, agreeing to accept a certain per cent., the judge may give him 
 a discharge from all his debts. If any creditor refuses to accept the per cent, 
 agreed upon as above stated, it will be deposited with the judge, and if the 
 creditor does not claim it within one vear it will be returned to the debtor.
 
 554 NEW HAMPSHIRE. 
 
 At any time after the decree of distribution, tlie judge may give the debtor 
 a full discharge, if the debtor produce the written approval of three-fourths 
 of his creditors owning three-fourths of his debts. If the debtor has paid 
 seventy per cent., he may be discharged without such consent. A debtor 
 once discharged cannot 'have a second discharge under the law. 
 
 A discharge does not affect debts contracted prior to the passage of the act 
 (August 38th, ISSo), unless such debts are i^roved in the proceedings under 
 the act. 
 
 Attacluneilts. — All property, I'eal or personal, which is liable to be sold 
 on execution, may be attached in any action, also in equity suits, and held 
 to satisfy such judgment as the plaintiff may recover. 
 
 Foreign Attachment, Gartiishment or Trustee Process. — All personal actions 
 may be commenced by trustee process, except actions of replevin, and tres- 
 pass to the person and actions for defamation and malicious pi'osecution. 
 Debts due the defendant, and property in the hands of a third person, may 
 be attached on the trustee process. 
 
 Wages of the defendant's wife or cl.ild cannot be attached, nor the wages 
 of the defendant earned after service of the writ upon the trustee ; ijensioii 
 and bounty money is also exempt. The defendant's wages to the extent of 
 twenty dollars are exempt, unless the plaintifTs claim is for necessaries fur- 
 nished the defendant or his family. 
 
 Bills of Exchange and Promissory Notes.— Demand notes nuist be pro- 
 tested within sixty days from day of their endorsement, to hold indorsers. 
 All negotiable paper, save that payable on demand, is entitled to three days 
 of grace, and all such paper maturing on February 22, May 30, or July 4, or 
 on the following day, if either of these days occur on the Sabbath or on Sun- 
 day, Thanksgiving, Fast, or Christmas day, is due and payable on the next 
 preceding day, not being one of these days, and must be so noted and pro- 
 tested. 
 
 Chattel Mortgages. —Personal property and growing crops may be mort- 
 gaged. No chattel mortgage is valid except between the parties, unless the 
 mortgagee takes and retains possession of the chattels, or the mortgage is 
 recorded in the office of the clerk of the town where the mortgagor resides. 
 Both parties must sign and make oath to the following affidavit : "We sev- 
 erally swear that the foregoing mortgage is made for the purpose of securing 
 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 mortgagor 
 to execute said mortgage, but is a just debt, honestly due and owing from 
 the mortgagor to the mortgagee, so kelp us God.''' 
 
 Any partner of a firm and any director or other authorized person of a 
 corporation may make such affidavit. If the mortgage is given to secure 
 anything other than a debt, the liability or agreement secured should be 
 stated in the condition of the mortgage and the affidavit varied so as to verify 
 the truth of such statement. 
 
 At any time after thirty days from the time of condition broken the mort- 
 gagee may sell the property at public auction, notice of the time, place and 
 purpose of sale being posted in two public places in the town where the sale 
 is to be held four days befort the sale. Notice in writing must be given to 
 the mortgagor or left at his abode, if within the town, four days before the 
 sale ; if he reside in another town, such notice sent by mail is sufficient. The 
 mortgagee may purchase at the sale. He shall apply the net proceeds of the 
 sale to the payment of the debt and costs of sale, and pay the balance to the 
 mortgagor. The property may be redeemed at any time prior to the sale by 
 paying the debt and costs. 
 
 Conditional Sales of Personal Property. — No lien reserved on personal 
 property sold conditionally and delivered to the purchaser, is valid against 
 attaching creditors or subsequent purchasers without notice, unless the ven-
 
 NEW HAMPSHIRE. 555 
 
 dor takes a memorandum signed by the purchaser, witnessing the lien and 
 the sum due thereon and has it recorded in the office of the clerk of the town 
 ■where the purchaser resides, if he resides in the state, otherwise in the office 
 of the clerk of the town where the vendor resides, within ten days aftei- de- 
 livery of the property to the purchaser. Each vendor and purchaser sliall 
 make and subscribe an affidavit in substance as follows: "We severally swear 
 that the foregoin<jf memorandum is made for the purpose of witnessing the lien 
 and the sum due thereon, as specified in said memorandum, and for no other 
 purpose whatever, and that said lien and the sura due thereon were not cre- 
 ated for the purpose of enabling the purchaser to execute said memorandum, 
 but said lien is a just lien, and the sum stated to be due thereon is honestly 
 due thereon and owing from the purchaser to the vendor." When co-part- 
 ners or corporations are parties to such memorandum such affidavit may be 
 made and subscribed by any partner of a firm or any director of a corpora- 
 tion or any person authorized by the corporation. 
 
 Corporations. — Corporations may be formed under general laws to carry 
 on any lawful business except banking. Stockholders are liable only to the 
 amount of the par value of their stock if they comply with the requirements 
 of the law. 
 
 Costs, Security for. — (See Actions and Appeals.) 
 
 Courts. — TJie supreme court has original jurisdiction of all actions, ai)peals 
 from police, justice, prooate and commissioners' courts, proceedings in 
 equity, and all things that call for a trial by the court or jury. Sitting as a 
 lull bench, it determines questions of law transferred from the trial term. It 
 holds two law terms in each year at Concord, and holds trial terms twice a 
 year in each county or judicial district. 
 
 Police courts have the same jurisdiction as justices of the peace, and also 
 have jurisdiction in civil cases where the amount demanded does not exceed 
 one hundred dollars and the title to real estate is not in controversy. Appeal 
 may be taken in any case to the sujireme court. Police courts sit once a 
 month according to a rule of the court. 
 
 Justices'' courts. — Their jurisdiction is limited in civil cases to those in 
 which the title to real estate is not involved and the amount demanded does 
 not exceed thirteen dollars and thirty-three cents. A])peals may be taken to 
 the supreme court. Justices' courts sit at any time. 
 
 Court Calendar :— 
 
 UNITED STATES CIRCUIT AND DISTRICT COURTS. 
 
 Associate Justice of the Supreme Ontrt—U.oviice (Ti-ay, of Mass-JObusetts. CircuiC 
 Judf/r—he Baron B. Colt,, of Rhode Island. District Jiidf/e— Daniel Clark, of Man- 
 Chester. Disirict Attorne}i—3 . S. 11. Friiik, of Portsmouth. 3farshnl — Fred. A. 
 Barker, of Keene. Clerk of the Circuit (^'o(/;7— William H. Hackett, of Portsmouth. 
 Clerk of the District Court— B. F Clark, of xManohester. 
 
 Terms— Circuit Court, at Porlsmoulh. May Sth. At Concord, October 8th. Dis- 
 trict Court, at Portsmouth, od Tuesday in March and September. At Concord, 3d 
 Tuesday in June and December. 
 
 SUPREME COURT. 
 
 Chief Justice— Chas. Doe, of RoUinsford. Associate .Tu-slices-Wm. H. H. Allen, 
 Claremont; Isaac W. Smith, Manchester; Louis W. Clark, Manchester; Isaac N. 
 Blodgctt, Franklin ; Alonzo P. Carpenter. Concord; George .\. Bingham, Littleton. 
 Attorney General — Daniel Barnard, Fi'anklin. 
 
 Lair 7>;-»(.v— There are two law terms, botli of which are held at (.'oncord. one on 
 the 1st Tuesday <>f .Inne and tlie otlicr on the 1st Tuesday of December. At these 
 terms the business of the various counties is usuall.y taken up in tlie following order : 
 Rockingham. Strafford. Belknap, Carroll, Merrimack, Hillsborough, Clieshire, Sulli- 
 van. (Jrafton and Coos. 
 
 I'rinl Terms are held at the pl.aces and times following:
 
 556 NEW HAMPSHIRE. 
 
 County. Where Held. When HehL 
 
 Belknap Lacouia 4tli Tiies. March and September. 
 
 Carroll Ossipee ;id Tue-;. April and October. 
 
 Cheshire Iveene 1st Tues April and ;-!d Tues. October. 
 
 Coos- 
 Northern District . Colebr^)ok 1st Tues. February and September. 
 
 Southern District . Lancaster ;id Tues. April and October. 
 
 Grafton— 
 
 Eastern District .Plynioulh 2d Tues. May and >fovember. 
 
 Western District .Haverhill :Hd Tues. March and September. 
 
 Hillsborough . . . .Manchester .... . 3d Tues. March. 
 
 Nashua .Sd Tues. September. 
 
 Merrimack Concord 1st Tues. April and October. 
 
 Rockingham .... E.xeter ;M Tues. Jan. and 2d Tues. April. 
 
 Portsmouth 3d Tues. October. 
 
 StrafTord Dover 2d Tues, Feb. and 1st Tues. Sopt. 
 
 .Sullivan Newport 4th Tues. Jan. and 1st Tues. Sept. 
 
 In Carroll County the records of deeds and Probate Court are at Ossipee. Records 
 of Supreme Court are at Sandwich. 
 
 PROBATE COURT. 
 Terms — Are held at the places and times following : 
 
 County. Wfiere Held. When Held. 
 
 Belknap Laconia 3d Tuesday of each month. 
 
 Carroll Conway 1st Tuesday May, Jan. and Sept. 
 
 West Ossipee . . . . 1st Tuesday Feb., June and (October. 
 
 Ossipee 1st Tuesday March, .July and Nov. 
 
 Woolf borough June. 1st Tuesday April, August and Dec. 
 
 Cheshire Keene lstand3rdFri. Jan., Feb., Mar.. April, May, 
 
 June. Sept., Oct., Nov., Dec, 1st Fri. July, 
 3rd Friday August 
 Coos Colebrook Last Tuesdaj^ January and August. 
 
 (jrorham 1st Tuesday xVpril and October. 
 
 Lancaster 1st Tues. Jan., March, May, July and Nov. 
 
 Grafton Bristol 3d Tuesday of July. 
 
 Canaan 1st Tuesday June and December. 
 
 Haverhill 3d Tuesday March and September. 
 
 Lebanon 1st Tuesday March and September. 
 
 Lisbon 3d Tuesday April and October. 
 
 Littleton 3d Tuesday January. 
 
 Orford 3d Tuesday February. 
 
 Plymouth 2d Tuesday May and November. 
 
 Wentworth 3d Tuesday August. 
 
 Woodsville 1st Tuesday July. 
 
 Hillsborough . . . .Manchester 3d Tues. Feb., April, June, Aug., Oct., Dec, 
 
 4th Tues. Jan., Mar., Maj, July, Sept. and 
 November. 
 
 Nashua 4th Tues. Feb., Apr., June, Aug., Oct., Dec. 
 
 Francestown .... On Friday next alter 4th Tues. Aug. 
 
 Amherst Fri. next after 4th Tues. June and Dec 
 
 Peterborough .... Fri. next at"ter4th Tues. Feb., May, Nov. 
 
 Greenville Fri. next after 4th Tues. April and Oct. 
 
 Hillsborough B'ge . Fri. next after 4th Tues. Jan. and July. 
 
 Milford ...... . Fri. next after 4th Tues. Jan and July. 
 
 Merrimack Concord 2d and 4th Tues. of every month. 
 
 Rockingham . . . .Exeter Wed. after 3d Tues. Feb., Mar., Aug., Wed. 
 
 after 1st Tues. Apr., Wed. after 2d Tues. 
 of every other month. 
 
 Portsmouth 3d Tues. Mar., 2d Tues. Jan., May, July, 
 
 Sept. and Nov. 
 
 Derry 3d Tues. Feb., and 2d Tues. June and Oct. 
 
 Rayinoud 1st Tues. Apr.. 3d Tues. Aug., 2d Tues. Dec. 
 
 Strartbrd Dover 1st Tuesday of every month. 
 
 .somersworth .... 3d Tues. Feb., May. July, Sept. and Nov. 
 
 Rochester .3d Tues. March, .Ian., June and Oct. 
 
 Farmington .... 3d Tues. April, Aug. and Dec. 
 
 Sullivan Clarcmont Last Wed. .Ian., March, May, July, Sept., 
 
 Nov. 
 
 Newport Last Wed. Feb. April, June, Aug., Oct., 
 
 Dec. 
 
 Curtesy. — The liit.sband has an estate by curtesy in the deceased wife's 
 real estate, unless he has wilfully neglected for three years next preceeding 
 her death, to maintain her.
 
 NEW HAMPSHIRE. 557 
 
 Deeds. — Conveying real estate must be signed and sealed by the grantor, 
 attested by two witnesses and acknowledged to be the voluntary act and 
 deed of the grantor, before a justice, notary public or commissioner, whether 
 within or without the state, before a minister or consul of the United States 
 in a foreign country, and should be recorded in the registry of deeds for the 
 county in which the lands are located. If the wife is entitled to dower the 
 deed should contain a release of dower and the wife should sign it. If the 
 wife bore a homestead right in the land conveyed, the deed should contain a 
 release of it and she .should sign and acknowledge it. The husband should 
 join with the wife in conveying her real estate to bar his rights of homestead 
 and curtesy. 
 
 A scroll is not a seal in New Hampshire. 
 
 Descent and Distribution. — The real estate of any person deceased, in- 
 testate, subject to rights of dower and curtesy and homestead rights, de- 
 scends in equal shares, 1st, to the children of deceased and the representa- 
 tives of such as are dead ; 2d, to the father if living and their be no issue ; 
 3d, if there be no issue or father, to the mother and the brothers and sisters 
 in equal shares ; 4th, to the next of kin in equal shares. 
 
 Illegitimate children share equally with legitimate in the estate of the 
 mother. The heirs of bastards in the ascending and collateral lines are the 
 mother and her heirs. 
 
 Representation is not allowed among collaterals beyond the degree of 
 brother's and sister's grandchildren. 
 
 Personal estate, not bequeathed, after settlement of the administration 
 account, is distributed. 1st, to the widow the share thereof by law prescribed; 
 2d. the balance to the same persons to whom the real estate descends. 
 
 Depositions. — The depositions of witnesses in civil causes may be taken 
 upon giving notice in writing, signed by a justice or notary, stating the day, 
 hour and place of taking, three days before the time of taking, where the 
 adverse party resides within ten miles of the place of taking, and one day's 
 additional notice for each additional twenty miles, but twenty days notice 
 shall be sufficient in any case. If the adverse party resides out of the state 
 or more than twenty miles from the place of taking, or from the party taking 
 the deposition, the notice may be given to his attorney. 
 
 Depositions so taken may be used at the trial unless the adverse party 
 l»rocure the attendance of the witness. 
 
 When the deposition of the opposite party is taken, the magi.strate taking 
 it must file it with the clerk of the court where the action is pending, within 
 ten days after the conclusicm of the taking. Either party may use it at the 
 trial and if the party whose deposition is taken shall use it his rights as a 
 witness in his own behalf are not thereby affected. 
 
 The respondent in a criminal case may take the deposition of any person 
 in his defence, giving such notice to the solicitor of the county as is required 
 in civil cases. Any justice or notary public in the state, any commissioner 
 appointed under the laws of the state to take depositions in other states, any 
 judge, or justice of the i>eace, or notary public in any other state or countrj' 
 may take such deposition. 
 
 The witness must subs<!ribe his deposition, and make oath that it contains 
 the tiTith, the whole truth, and nothing but the truth, relative to the cause 
 for which it was taken. 
 
 No person can write a deposition or sit as magistrate at the taking who 
 would be disqualified to sit as a juror in the case. 
 
 The magistrate writing a deposition must annex a caption to it substanti- 
 ally as follows : 
 
 State op , [ ss. 
 
 Personally appeared before me the suhscrilier, a (title of magistrate) 
 
 the within named A. B. at the office of in in said county, on the — 
 
 day of , and made solemn oath that the within deposition by him sub-
 
 558 NEW HAMPSHIRE. 
 
 scribed, contains the truth, the whole truth and nothing but the truth, rela- 
 tive to the cause for which it was taken. The said deposition is taken at the 
 
 request of C. D. of , to be used at the court of the state of New 
 
 Hampshire, to be held at , in and for the county of , on the — day 
 
 of next, in a plea wherein of is plaintiff, and is defendant; 
 
 and the taking of the same was begun at o'clock in the noon, on 
 
 said first mentioned day, and continued until the whole was completed. The 
 
 said being duly notified was present (or not present as the fact may be) 
 
 and did not object. 
 
 If the opposite party does not attend, a copy of the notice served on him 
 with the return of the ofticer or affidavit of the person serving it, indorsed 
 upon it, stating the time and manner of service, should be annexed to the 
 caption. 
 
 The magistrate taking a deposition should seal it in an envelope, directed 
 to the clerk of the court whei'e it is to be used, and should write upon the 
 envelope as follows : "Enclosed is the deposition of C. D. to be used in the 
 action A. B. vs. E. F. sealed by 
 
 {official character.) 
 
 Divorce. — A divorce from the bonds of matrimony is decreed in favor of 
 the innocent party for : 1st, impotency ; 2d, adultery ; od, exti'eme cruelty ; 
 4th, imprisonment under a conviction of a crime punishable with imprison- 
 ment for more than a year ; 5th, treatment seriously injuring health ; 6th, 
 treatment seriously endangering reason ; 7th, absence for three years to- 
 gether without being heard of ; 8th, habitual drunkenness for three years 
 together ; 9th, joining a religious sect which professes to believe the relation of 
 husband and wife unlawful and refusal to cohabit for six months together; 10th 
 •desertion and refusal to cohabit for three years together; 11th, willing absence 
 of husband for three years together without providing for maintenance of 
 wife ; 12th, willing absence of wife without the consent of the husband for 
 three years together ; 1.3th, ten years absence of wife from the state and from 
 her husband without his consent and without claiming her marital rights ; 
 14th, separate residence in this state for three years of wife of a citizen or 
 alien of another state, her husband having left the United States with inten- 
 tion of becoming a citizen of a foreign state, and not returning during the 
 three years to claim his marital rights or make provision for her support. 
 
 No divorce will be granted for any cause except adultery unless the cause 
 be in existence at the time of filing petition. 
 
 Libels for divorce are brought before the supreme court in the county in 
 which one of the parties live, such notice is given to the libelee as the court 
 orders. 
 
 .Jurisdiction in divorce cases is confined to cases in which 1st, both parties 
 were domiciled in the state when the action was commenced ; 2d, when the 
 plaintiff was so domiciled when the action was commenced and the defendant 
 was personally served with process within the state ; 3d, when one of the 
 parties was so domiciled when the action was commenced and one of them has 
 actually resided in the state for one year next preceding the commencement 
 of the action. The court will make such order in relation to the maintenance, 
 education and custody of the children as will be most conducive to their 
 benefit, and may order reasonable provision for their support to be made out 
 of the estate of the guilty party. 
 
 The court will restore to the wife such part of her estate and assign to her 
 such part of the estate of the husdand as is deemed just. 
 
 Dower. — Dower attaches to all realty owned by the husband during mar- 
 riage, provided such realty has been during the marriage and seizin of the 
 husband in a state of cultivation or used as a wood or timber lot, and occu- 
 pied with some farm or tenement kept by the husband, and is such portion 
 as will produce a yearly income equal to one-third of the whole income of 
 such realty.
 
 NEW HAMPSHIRE. 559 
 
 Evidence. — No person is excused or excluded from testifying in a cause 
 Ity reason of being a party thereto. 
 
 Neither party can testify when the adverse party is an executor, adminis- 
 trator, or insane person, unless such adveise party elect to testify, unless it 
 shall appear to the court that injustice will be done by excluding such tes- 
 timony. 
 
 Husband and wife may testify for or against each other in civil or criminal 
 cases, but husband and wife cannot testify for or against each other as to 
 any statement, conversation, letter, or other communication made by either 
 to the other, or to any other person, nor as to other matters, when it ajjpears 
 to the court that their testimony will lead to a violation of marital confidence. 
 
 A person charged with a crime shall, at his own request, but not other- 
 ■wise, be a competent witness. 
 
 Conviction of an infamous crime does not render a person incompetent to 
 testify, but the record of such conviction may be used to effect his credit as 
 a witness. 
 
 Executors. — {See Administration.) 
 
 Executions — May be taken twenty-four hours after judgment, and are 
 returnable before justices and police courts in sixty days ; before supreme 
 court, at the next trial term of court. Writs of possession on a foreclosure 
 of a mortgage of land do not issue until sixty days after the final adjourn- 
 ment of the court. A new trial may be granted by the court when injustice 
 .appears to have been done through accident, mistake or misfortune. Real 
 property taken under execution may be redeemed within one year. 
 
 Exemptions. — There is exempt from attachment and from liability to be 
 taken on execution : 1. Necessary wearnig apparel of the debtor and his 
 family. 2. Comfortable beds, bedsteads, and bedding necessary for the 
 debtor, his wife and children. 3. Household furniture, to the value of one 
 liundred dollars. 4. One cooking stove, and the necessary furniture belong- 
 ing to the same. 5. One sewing machine, kept for the use of the debtor or 
 his family. G. Provisions and fuel, to the value of fifty dollars. 7. Uniform, 
 arms and equipments, of every officer and private in the militia. 8. Bibles, 
 ".school books and library of any debtor used by him or his family, to the 
 value of two hundred dollars. 9. Tools of his occupation to the value of one 
 hundred dollars. 10. One hog and one pig, and the pork of same when 
 slaughtered. 11. Six sheep and the fleeces of same. 12. One cow, a yoke 
 of oxen, or a horse when required for farming or teaming purposes or other 
 actual use, and four tons of hay. 13. Domestic fowl to the value of fifty 
 ■dollars. The debtor's right to one pew in any meeting house in which he or 
 his family usually worship, and one lot in any cemetery. Homestead of 
 iouseholder, five hundred dollars. 
 
 Fraud, Statutes of. — No action can be maintained on a contract for the 
 ;sale of land unless the agreement is in writing, signed by the person to be 
 charged, or by some person authorized by him. 
 
 An executor or administrator cannot be charged upon a special promise to 
 answer damages out of his own estate, and no person can be charged upon a 
 a special promise to answer for the debt, default or miscarriage of another, 
 or upon an agreement made in consideration of marriage, or that is not to be 
 performed within one year from time of making, unless such promise or 
 agreement or some memorandum thereof is in writing signed by the person 
 to be charged, or by some person thereto authorized by him. 
 
 No contract for the sale of goods, wares, or merchandise for the price of 
 thirty-three dollars or more is valid, unless the buyer accepts and receives 
 part of the property sold, or gives something in part payment, or in earnest, 
 to bind the bargain, or, unless some note or memorandum is made in writ- 
 ing and signed by the person to be charged or by some person by him there- 
 to authorized.
 
 560 NEW HAMPSHIRE. 
 
 Grace. — {See Notes and Bills.) 
 
 Homestead. — The wife, widow, and children of every person who is own- 
 er of a homestead, or any interest therein, is entitled to so much of said 
 homestead as does not exceed five hundred dollars as aj^ainst the creditor's 
 grantees or heirs of such person during the life of such wife or widow and 
 the minority of such children. 
 
 If the legal title to the homestead is in the wife at her decease the life es- 
 tate of the serviving husband not exceeding five hundred dollars is exempt 
 to him. 
 
 Interest- — Six per cent. Contracts for greater rate not void, but legal 
 rate only recoverable. Penalty for receiving over six per cent, forfeiture of 
 three times the excess of such. On unpaid taxes, ten per cent, before sale, 
 twelve per cent, after. 
 
 Insolvent Laws. — (See Assignment for Benefit of Creditors.) 
 
 Justices of the Peace.— (>See Courts.) 
 
 Judgments.— Are not a lien upon real estate as in some other states, and 
 luild the property only as above stated. 
 
 Foreign judgments are proven in accordance with the provisions of the 
 United States statues upon this subject. 
 
 Attorneys' fees can not be taxed in the judgment in any action at law. 
 
 In case there is no defense, or in the event of a final finding upon trial, 
 judgments are entered up as of the last day of the term of the court at which 
 they are rendered, unless ordered, for cause shown, at an earlier day. 
 
 When no defense is nfade, judgment may ordinarily be obtained in the 
 supreme court within six months, and in justice and police courts within 
 two months after the action is commenced. 
 
 Landlord and Tenant. — The lessor or owner of lands may determine a 
 lease at will, or tenancy at sufferance, by giving to the tenant, or occupant, 
 a notice in writing to quit at a day named therein. If rent is in arrear, or 
 if conditions of a lease are violated, or if a lessee hold over after the expira- 
 t'on of a definite written lease, seven diys" notice is sufficient. A tenancy is 
 deemed to be at will unless a dift'erent contract is shown. The lessee may 
 terminate the lease by giving the same notice as is by law required of the 
 lessor. 
 
 If a lessee hold over after notice to quit, he may be summoned before a 
 justice of the peace, or police court, and if it is considered by the court that 
 the plaintiff" is entitled to possession of the demanded premises, judgment 
 will be rendered that he recover possession and his costs. Either party may 
 appeal to the supreme court within two hours after rendition of judgment. 
 If the plaintiff appeal he must give security to prosecute his appeal and to 
 pay any costs that may be awarded against him. If the defendant appeal 
 he must give security to prosecute his appeal, to pay all rent due and that 
 may become due during pending of suit, and all losses awarded against him. 
 
 Leases. — Lea.ses for more than seven years must be attested, acknowl- 
 edged and recorded in the same manner as a conveyance in fee. 
 
 License. — Hawkers, peddlers and auctioneer merchants and every itiner- 
 ant trader doing business temporarily in any town must obtain a license from 
 the clerk of the supreme court, but this provision does not apply to one who 
 carries samples for wholesale trade, or to one who sells fish, fruits, vege- 
 tables, provisions, fuel, newspapers, or the products of his own industry. 
 
 Liens. — Any person against whom a tax has been assessed upon the prop- 
 erty of another has a lien upon the property and its income until the tax is 
 repaid.
 
 NEW HAMPSHIRE, 661 
 
 Boarding house. ket'])C'rs liave a lien upon the baggage of their guests, ex- 
 cept seamen, for their board. 
 
 Keepers of domestic animals have alien for their board or pasturing. 
 
 Laborers on vessels have a lien on vessel for four daj^s after it is completed. 
 
 Laborers on buildings when their labor amounts to fifteen dollars, and 
 those furnishing materials to same amount have a lien for ninety days. La- 
 borers upon wood, bark, logs or lumber liave a lien thereon for ninety days. 
 
 These lieus may be secured by attachment. 
 
 Limitations, — Actions for the recovery of real estate, upon notes secured 
 by mortgage of real estate and upon judgments, recognizance, and contracts, 
 under seal, must be brought within twenty years after right of action ac- 
 crues. Actions for trespass to person and slander, within two years. AH 
 other personal actions, within six years after cause of action accrues. If the 
 defenciant has been absent from the state the time of absence is excluded 
 from tlie computation. 
 
 A debt is revived by a new i^romise. 
 
 Limited Partnerships. — May be formed for any purpose except banking 
 and insurance, such partnership consist of general partners who are jointly 
 and severally liable and special partners who are not personally liable for 
 debts of the partnership. 
 
 Such partners shall sign a certificate containing the names of.the partner- 
 ship, the names and residences of the partners, distinguishing the general 
 and special partners, the amount of capital contributed by each special part- 
 ner, the general nature of the business to be transacted, where it is to be 
 conducted, and the time when the partnership is to commence and terminate. 
 
 This certificate must be acknowledged by all the partners before a justice, 
 and recorded in the registry of deeds for the county where the business of 
 the partnership is situated and published three weeks successively. 
 
 Married Women, — Holding separate estate, or doing business in their 
 own name, may sue and be sued in relation thereto, as if sole. 
 
 Are not liable for debts of husband. Are not bound by any undertaking 
 by them for their husbands, or in their behalf. 
 
 Mechanics" Liens.— (-See Liens.) 
 
 Illinors. — Persons of both sexes reach their majority when 21 years of age. 
 
 Mortgages of Real Estate, — Must be executed with same formalities as 
 conveyances absolute, must distinctly state the thing to be secured, and can 
 secure only the liability existing at the time of their execution. 
 
 Redemption is allowed in case of real property mortgages, until foreclos- 
 tire, by performance of conditions and payment of damages caused by the 
 breach. 
 
 Mortgages may be discharged by any w-riting on the mortgage signifying 
 the mortgagee's intention to discharge ; this should be recorded on the mar- 
 gin of the record of the mortgage in the office of the register of deeds. 
 
 Oaths and Affidavits. — {See Affidavits.) 
 
 Partnerships.— (&e Limited Partnerships.) 
 
 Promissory Notes,— (5^ee Notes and Bills.) 
 
 Practice. — Is in accordance with that of the common law. 
 
 Proof of Claims, — Non-resident parties may prosecute claims in the same 
 manner as residents, but must procure some responsible resident to indorse 
 their writ, [See Actions.)
 
 562 NEW HAMPSHIRE. 
 
 Recording. — Conveyances of real estate must be recorded in the registry 
 of deeds in the county where the real estate lies. Chattel mortgages in the 
 office of the clerk of" the town where the mortgagor resides. 
 
 Deeds and mortgages are invalid i^s to third persons until filed in the office 
 of tlie register or clerk unless such third parties have actual or constructive, 
 notice of them. 
 
 Redemption. — (See Mortgages and Chattel Mortgages.) 
 
 Replevin. — Ijies for beasts impounded, while in the pound, for goods un- 
 lawfully taken or detained, and for goods unlawfully attached. The plain- 
 tiff must furnish bond in double the value of the goods. 
 
 Revision. — The last revision of the laws was made in 1878, took effect 
 January 1st, 187!) and is designated as " The General Laws," 
 
 Seal. — {See Deeds.) 
 
 Securities for Costs. — {See Actions and Proof of Clairus..) 
 
 Suits. — {S^ee Actions.) 
 
 Supplimentary Proceedings. — Any person arrested on execution will be 
 <lischarged on giving bond to the creditor with two sufficient sureties, resi- 
 dent of the state in double the amount of the debt, conditioned to take the 
 poor debtor's oath within one year, or surrender himself to prison, or he may 
 at once apply to a justice of the supreme court and have two justices of the 
 peace appointed to whom he may apply to take such oath. If it appear to 
 the justices that the debtor at the time of his arrest had not estate of the 
 value of twenty dollars except such as is by law exempt from attachment, 
 and that he has not been guilty of any fraud, deceit, or falsehood in rela- 
 tion to his property he will be permitted to take the oath and will be forever 
 discharged from arrest on that claim. If he has given bond as aforesaid he 
 may apply to take the oath at any time within a year from the date of the 
 bond. 
 
 Taxes. — Are assessed April 1st of each year and are a lien on realty. 
 Land sold for taxes may be redeemed within one year from the day of sale by 
 paying the tax and costs of sale, with interest at twelve per cent, from date of 
 isale to date of payment. 
 
 Usury. — {See interest.) 
 
 "Wages. — Wages are exempt from attachment to the amount of twenty 
 dollars unless the plaintiff's claim is for necessaries furnished defendant or 
 his family. The wages of defendant earned after service upon the trustee 
 (or garnishee) are exemi>t, also wages of the wife or minor children are ex- 
 empt from attachment on the debt of the father or husband. {See garnish- 
 ment.) 
 
 Wages due any operative, clerk, house servant, or other laborer, not ex- 
 ceeding fifty dollars, for labor performed within six months prior to an 
 assignment under the insolvent law, must be paid in full. An assignment 
 of wages to be earned in the future, is not valid as against a creditor of the 
 person making such assignment, until a copy accepted in writing on the 
 oack thereof, has been tiled with the clerk of the town in which the person 
 making the assignment resides. 
 
 Wills. — Wills to be effectual in passing real or personal estate, must be 
 made by a person of sound mivid and twenty-one years of age, in writing,
 
 NEW HAMPSHIRE. 563 
 
 sij^ned by the testator, or by some one in his presence, by his direction, and 
 attested and subscribed in his presence by three witnesses who are not 
 devisees or legatees. A seal is not necessary. 
 
 A will made in another state or county, is valid and eftective in this state 
 if executed according to the laws of the place of execution. 
 
 Children and their issue not named in the will, and who are not devisees 
 or legatees, are entitled to the same portion of the testator's estate as they 
 would be if he died intestate. 
 
 Witnesses. — {See Evidence.)
 
 564 
 
 NEW HAMPSHIRE. 
 
 ATTORNEYS IN NEW HAMPSHIRE. 
 
 Bold Face Type denotes county seats. A dash (- 
 Figures after names, when admitted to the Bar. 
 A double dagger (J) our Compiler of Laws. 
 A dagger (t) former recommendation withdrawn. 
 
 -) less than 100 population. 
 A star (*) Notaries Public. 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTOKNEYS. 
 
 popula'n 
 
 Berlin Falls 
 
 Coos 
 
 R. M. Chamberlin. 
 
 1,800 
 
 Bristol 
 
 Grafton 
 
 Fling «fc Chase, 
 
 1.353 
 
 Canaan 
 
 Grafton 
 
 G. W. Murray. 
 
 1,763 
 
 Claremont 
 
 Sullivan 
 
 H. W. Parker. 
 
 5,000 
 
 Colebrook 
 
 Coos 
 
 J. J. Parsons. 
 
 2,000 
 
 Concord 
 
 Merrimack 
 
 r t George M. Fletcher. 
 
 "1^ iSee Card in Appendix, page 
 
 xiv. 13,843 
 
 Derry Depot 
 
 Rockingham 
 
 S DRURY ('80) & FELCH ('83). ... 
 '( Attention to business a specialty. 
 
 Dover 
 
 Stafford 
 
 J. G. Hall. 
 
 14,000 
 
 Exeter 
 
 Rockingham 
 
 J. F. Wiggin, 
 
 3,700 
 
 Farmington 
 
 Stafford 
 
 G. M. Eastman. 
 
 3,044 
 
 Fisherville 
 
 Merrimack 
 
 D. F. Dudley. 
 
 1,450 
 
 Franklin 
 
 Merrimack 
 
 Edward G. Leach. 
 
 4,000 
 
 Gorham 
 
 Coos 
 
 A. R. Evans. 
 
 1,383 
 
 Hampton 
 
 Rockingham 
 
 Chas. M. Lamprey. 
 
 1,184 
 
 Hanover 
 
 Grafton 
 
 Fred. Chase. 
 
 2,149 
 
 Haverhill 
 
 Grafton 
 
 N. W. Westgate, 
 
 2,452 
 
 Hinsdale 
 
 Cheshire 
 
 E. J. Temple. 
 
 2,100 
 
 Keene 
 
 Cheshire 
 
 Lane & Dole. 
 
 7,000 
 
 Kingston 
 
 Rockingham 
 
 0. H. Keyes. 
 
 1,080 
 
 Laconia 
 
 Belknap 
 
 S. C. Clark. 
 
 5,800 
 
 Lake Village 
 
 Belknap 
 
 S. C. Clark. 
 
 1,500 
 
 Lancaster 
 
 Coos 
 
 Ladd & Fletcher. 
 
 2,723 
 
 Lebanon 
 
 Grafton 
 
 John L. Spring. 
 
 3,354 
 
 Littleton 
 
 Grafton 
 
 Bingham,Mitchels&Balchellor.2,936 
 
 Manchester 
 
 Hillsborough 
 
 David Cross. 
 
 35,000 
 
 Milford 
 
 Hillsborough 
 
 R. M. Wallace. 
 
 2,500 
 
 Nashua 
 
 Hillsborough 
 
 E. S. & H. A. Cutter. 
 
 16,000 
 
 New Ipswich 
 
 Hillsborough 
 
 W. A. Preston. 
 
 1,500 
 
 New Market 
 
 Rockingham 
 
 I. T. George. 
 
 2,369 
 
 Newport 
 
 Sullivan 
 
 A. S. Wail. 
 
 3,000 
 
 Oxford 
 
 Grafton 
 
 Chapman & Lang. 
 
 1,050 
 
 Ossipee 
 
 Carroll 
 
 Frank Weeks. 
 
 1,782 
 
 Peterborough 
 
 Hillsborough 
 
 F. G. Clark. 
 
 2,500 
 
 Plaistow 
 
 Rockingham 
 
 W. H. Hills. 
 
 1,003 
 
 Plymouth 
 
 Grafton 
 
 Bvirleigh & Adams. 
 
 1,715 
 
 Portsmouth 
 
 Rockingham 
 
 Frink & Balthelden. 
 
 9,690 
 
 Rochester 
 
 Strafford 
 
 Worcester & Gafney. 
 
 6,000 
 
 Suncook 
 
 Merrimack 
 
 J. B. Hazleton. 
 
 3,487 
 
 Walpole 
 
 Cheshire 
 
 J. G. Bellows. 
 
 2,018 
 
 Wilmot 
 
 Merrimack 
 
 W. W. Flauders. 
 
 1,081 
 
 Wolf borough 
 
 Carroll 
 
 C. W. Sanborn. 

 
 NEW HAMPSHIRE. 
 
 565 
 
 BANKS IN NEW HAMPSHIRE. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital of one 
 bank in each county of tliis state in wliicli sucli a banking institution is located. 
 
 NAME OF BANK. 
 
 Connecticut River Nat. Bk. 
 Claremont Nat. Bank 
 First National Bank 
 Derry National Bank 
 Cochecho National Bank 
 Monaduock National Bank 
 National Granite State Bank, 
 Farmington National Bank 
 First National Bank 
 Franklin National Bank 
 Great Falls National Bank 
 Dartmouth National Bank 
 
 Charlestown 
 
 Glaremont 
 
 Concord 
 
 Derry 
 
 Dover 
 
 East Jaffrey 
 
 Exeter 
 
 Farmington 
 
 Francestown 
 
 Franklin 
 
 Great Falls 
 
 Hanover 
 
 Hillsboro Bridge. First National Bank 
 
 Keene 
 
 Laconia 
 
 Lancaster 
 
 Lebanon 
 
 Littleton 
 
 Manchester 
 
 :Milford 
 
 Nashua 
 
 New Market 
 
 Newpoi't 
 
 Oxford 
 
 Peterborough 
 
 Pittsfield 
 
 Plymouth 
 
 Portsmouth 
 
 Rochester 
 
 Salmon Falls 
 
 Tilton 
 
 "Winchester 
 
 Wolfeborough 
 
 Cheshire National Bank 
 Laconia National Bank 
 Lancaster National Bank 
 National Bank of Lebanon 
 Littleton National Bank 
 Amoskeag National Bank 
 Soithegan National Bank 
 Second National Bank 
 New Market National Bank 
 First National Bank 
 Isaac Willard 
 First National Bank 
 Pittsfield National Bank 
 Pemigewasset Nat. Bank 
 First National Bank 
 Rochester National Bank 
 Salmon Falls Bank 
 Citizens' National Bank 
 Winchester National Bank 
 Lake National Bank 
 
 
 PAID UP 
 
 CASHIER. 
 
 CAPITAL. 
 
 Geo. Olcott. 
 
 $100,000 
 
 Geo. N. Farwell. 
 
 150,000 
 
 C. G. Remick. 
 
 150.000 
 
 F. J. Shepard. 
 
 60.000 
 
 Harrison Haley. 
 
 150,000 
 
 C. L. Rich. 
 
 100,000 
 
 ,C. E. Byington. 
 
 100,000 
 
 Jas. B. Edgerly. 
 
 100,000 
 
 G. W. Cummings. 
 
 100,000 
 
 Frank Proctor. 
 
 100,000 
 
 Joseph A. Sticknev. 
 
 150.000 
 
 C. P. Chase. 
 
 50,000 
 
 J. C. Campbell. 
 
 50,000 
 
 R. H. Porter. 
 
 200,000 
 
 O. W. Tibbetts. 
 
 150,000 
 
 F. D. Hutchins. 
 
 125,000 
 
 E. H. Kendrick. 
 
 100,000 
 
 0. C. Hatch. 
 
 150,000 
 
 G. B. Chandler. 
 
 200,000 
 
 F. T. Sawyer. 
 
 100,000 
 
 F. A. Eaton. 
 
 150.000 
 
 .S. A. Haley. 
 
 80,000 
 
 Frederick NV. Lewis. 
 
 100,000 
 
 
 20,000 
 
 C. P. Richardson. 
 
 100,000 
 
 Jno. A. Goss. 
 
 50,000 
 
 0. B. Copeland. 
 
 75,000 
 
 C. A. Hazlett. 
 
 300,000 
 
 H. M. Plumer. 
 
 50,000 
 
 W. H. Morton. 
 
 50,000 
 
 W. T. Cass. 
 
 70.000 
 
 Henry Abbott. 
 
 200.000 
 
 Chas! F. Parker. 
 
 125,000
 
 STATE OF 
 
 NKW JKRSKY. 
 
 SUMMARY OF 
 
 CoivIvKCTION LaW3. 
 
 Court Calendar, Instructions for taking Depositions, Legal, Forjis, Etc. 
 
 Expressly Prepared and Revised to Nov. 1st, 1887, for " Showers' 
 
 Legal Directory and Merchants' Guide," for 1888, by 
 
 S. B. Hutchinson, of the Trenton Bar. 
 
 Acknowledgments. — Of deeds are made within the state before the 
 chancellor or a justice of the supreme court, a master in chancery, judge of 
 the court of common pleas, or commissioner of deeds. Without the state, 
 before a justice of the supreme court of the United States, or a district judge 
 of the same, or a judge or justice of the supreme or superior court of the 
 state, district or territory, or before any mayor, or chief magistrate of any 
 city, or before a judge of the court of common pleas, or county coui-t of such 
 state, district or territory, or commissioner for New .Jersey, or by any officer 
 in some other state in the Union, authorized at the time of such proof or ac- 
 knowledgment, by the laws of the state wherein the same shall be made or 
 taken, to take the acknowledgment of deeds of lands lying and being in such 
 state. In case the acknowledgment is made before a mayor or chief magis- 
 trate, the certificate must be attested by the seal of the city ; if before a 
 judge of the court of common pleas or county court, or other officer, it must 
 be attested by seal of such court, and certified by the clerk of the court. In 
 foreign countries acknowledgment or proof may be made before any court of 
 law, mayor or chief magistrate, or any ambassador, consul or other repre- 
 sentative of the United States. 
 
 Form of Acknowledgmoit by Hnshdiid and Wife. 
 
 State of New Jeksey, ? 
 County of . ^ ' 
 
 Be it rememhered. That on this day of , in the year one thousand 
 
 eight hundred and , before me, , personally appeared , who, I 
 
 am satisfied, the grantor in the within indenture named ; and I, having 
 
 first made known to the contents thereof, did acknowledge 
 
 that signed, sealed and delivered the same as voluntary act and 
 
 deed for the uses and i5uri30ses therein expressed. 
 
 And the said -. , being by me, privately examined, separate and apart 
 
 iVoni said husband, did further ■ acknowledge that signed, 
 
 sealed and delivered the same as voluntary act and deed, freely and 
 
 without any fear, threats or cumpulsion of or from said husband. 
 
 [seal.] {Signature and title of officer.) 
 
 Actions. — Forms of, as at common law, commenced by writs of summons, 
 capias and respoadeadum, or warrant, attachment and repleviiL
 
 NEW JERSI:Y. 567 
 
 Administration. — If any person die intestate, or if the executor named in 
 any testament renounce the executorship, tiien the surrogate of the county 
 shall grant letters testamentary to the •widow or the next of kin of such in- 
 testate or executor, if they or any of them will accept the same ; otherwise 
 to some other proper person. 
 
 Affidavits. — An oath may be taken, if the deiionent requests it, l»y tlie 
 ceremony of lifting up the liand and swearing by the ever-living God, instead 
 of that of kissing tlie book of the Gosi)els. An oath required or authorized 
 for any lawful purpose in this state (except official oaths and depositions re- 
 quired to be taken on notice), when taken out of this state, may be taken 
 before a notary public of the state or country wherein it is taken, or before 
 any officer authorized by the laws of this state to take acknowledgments of 
 deeds in such state or country. (See Deeds.) A recital that he is such notary 
 or officer in the jurat or certificate of such oath, and his official designation 
 annexed to his signature, and attested to under his official seal, is sufficient 
 proof that the person before whom the same is taken is such a notary or 
 officer ; provided, that when any other certificate is rec^uired to be amiexed 
 to the certificate of such officer, other than a notary public, for the recording 
 of a deed acknowledged before him, a like certificate shall be annexed to his 
 certificate, of the taking of such oath. (Rev., p. 740.) 
 
 Aliens. — Whether resident or non-resident, may hold and transmit real 
 property. 
 
 Appeals. — An aj)peal upon a point of law lies from the district court of 
 any city to the court of common pleas of tlie county, and fi'om thence to the 
 supreme court upon certiorari. In cities where there are district courts, ap- 
 peals from justices' courts are to be heard by the district court judges. 
 
 Arrests. — Arrest in civil cases is not lawful on Sunday. No arrest in an 
 action founded upon contract shall be lawful except upon proof made : 1st. 
 That defendant is about to remove any of his j^roperty out of jvirisdiction of 
 couit with intention to defraud his creditors ; or 2d. That the defendant has 
 property or rights in action which he fraudulently conceals ; or 3d. That he 
 has assigned, removed or disposed of, or is about to assign, remove or dispose 
 of any of his property with the intent to defraud his creditors ; or 4th. That 
 the defendant fraudulently contracted the debt, or incurs the obligation 
 respecting which suit is brought. 
 
 Assignments and Insolvency. — The insolvent laws provide for the dis- 
 charge of a i^erson under arrest for the debt or damages on his delivering up 
 all liis real estate and personal property to his creditors. Assignments by 
 debtors for the benefit of creditors must be without preference, and all 
 others are void. Debtor must annex sworn inventory. Wages of servants, 
 clerks and laborers, up to 8-300 each, are preferred claims. Assignee must 
 file list of creditors at the end of three months, make dividends at the next 
 terai of court. Creditor not presenting claim does not share m the dividend, 
 but retains his right of action against the debtor. 
 
 Attachments. — Upon affidavit by the creditors, his agent or attorney, of 
 the aiiio\uit of his debt, and that the debtor is a non-resident, or has ab- 
 sconded Irom his creditors, the rights, credits, moneys, goods, chattels and 
 i-eal estate of the debtor may be seized. Any other creditor, upon affidavit 
 of the amount of his debt, and application to the cotirt, will be allowed to 
 share jyro rata in the proceeds of tlie attached property. 
 
 Banks and Bankers. — Seven persons may incorporate themselves as a 
 bank of discount, with a minimum ca])ital of $.")0,000, under a general bank- 
 ing act, and upon depositing with tlie state treasurer appri)ved securities, 
 such corporation may receive from him bank notes to an eciual amount for 
 circulation. Savings banks may be incor])urated in like mannei'.
 
 568 NEW JERSEY. 
 
 Bills of Exchange and Promissory Notes.— (See Notes and Bills.) 
 
 Bills of Lading. — Warehouse Receij)ts. — Unlawful for any wareliouseinan 
 to is.sue any receipt unle.s.s goods shall be in the state and under his control. 
 
 Storage aud carting to be a first lien upon goods and chattels left for 
 storage. 
 
 Chattel Mortgages.— ('Set' Mortgarjes.) 
 
 Conditional Sales of Personal Property.— (6Vd' Chattel Mortgages.) 
 
 Corporations. — Every corporation, as such, shall liave power : 1st. To 
 have succession, by its corporate name, for the period limited. 3(1. To sue 
 and be sued. . od. To make and use a common seal. 4th. To hold, purchase 
 and convey such real and personal estate as the purjinses of the cori>oration 
 shall require. 5th. To appoint officers and agents. Oth. To make by-laws. 
 7th, To wind vip and dissolve itself. 
 
 Corporations are formed under the general corporation act and general 
 railroad law, in the following manner : 
 
 Any three or more persons may associate themselves into a company (or 
 .seven if a railroad company) upon filing a certificate of incorporation in 
 the office of the secretary of state. Such certificate shall set forth: 1st. 
 The name assumed to designate such company. 2d. The place or places in 
 this state where the business of such company is to be conducted, and the 
 objects for which the company is formed, ^d. The total amount of capital 
 stock and the number of shares into which the capital stock shall be divided. 
 4. The names and residences of the stockholders, and the number of shares 
 lield by each. 5th. The periods at which such company shall commence and 
 terminate. 
 
 Costs, Security for. — If plaintiff reside out of the state, he shall if required, 
 before issue joined, give bond to the defendant in the sum of one hundred 
 dollars (in chancery suits, in the sum of one hundred and fifty dollars) witli 
 one or more sureties being freeholders and residents of the state of New 
 Jersey, conditioned for the payment of the costs of suit. 
 
 Such sureties shall justify or be approved by the presiding judge. 
 
 In lieu of the bond mentioned, plaintift' may deposit the sum named with 
 the clerk of the court. 
 
 Courts. — Justice's court has jurisdiction in actions where the amonut in 
 controversy does not exceed two hundred dollars. 
 
 TJte city district courts have exclusive (of justices )jurisdiction in the cities 
 where they are located, where the amount in controversy does not exceed 
 three hundred dollars, in his judgment plaintiff had reasonable ground for 
 bringing actions in circuit court. 
 
 The county circuit courts have jurisdiction throughout the county, but 
 where the amount recovered does not exceed one hundred dollars, in order to 
 carry the costs, the judge must certify that in his judgment, plaintiff had 
 reasonable ground for bringing action in circuit court. 
 
 Court Calendar : 
 
 UNITED STATES CIRCUIT AND DISTRICT COURTS. 
 
 Associate Justice of United States Supreme f'onrt — Joseph P. Bradley, of New- 
 Jersey. Circuit Judge — William MoKennan, Washington, Pa. District Judge — John 
 T. Nixon, Trenton. I'nited States District Atttirne)j — Jol). Ijippiucott, Jersey City. 
 United States Marshal~\y\\\\a,Ya Budd Deacon, Mount Holly. C I'rk of United States 
 Circuit Courts. Duncan Ollphant, Trenton. Clerk of Unittd StitteaDistrict Court— 
 Llnsly Rowe, Trenton. 
 
 COURT OF ERRORS AND AI'PEAI.S. 
 
 As to the Chancellor and Ju.stices of the Suiirenio Court, who are ex-o^cio judges 
 of this Court, see Ijelow. The other judges of the Court of Errors and Appeals arc 
 Hondrlck H. Brown, William Paterson, John Clement, Martin Cole, John McGregor, 
 Jonathan S. Whitakcr. Clerk— Henry ('. Kelsey (i^eeretary of State), Trenton.
 
 i. March, 3d Tues. June and 3d Tues. Nov. 
 ■;. Fob., 3d Tues. May and 3d Tues. Oct. 
 s. Feb., rid Tues. May and 3d Tues. Oct. 
 
 NEW JERSEY. 569 
 
 COURT OF CHANCERY. 
 Chancfillor— Alexander T. Mc(iill, Jr., Newark. Vice ('hnncellor.t—Abvaham V. 
 Van Fleet, Newark ; John T. Bird, Trenton. acrA— Allan L. McDermott, Trenton. 
 
 SUPREME COURT. 
 
 Chief Justice— yievcer Beasley, Trenton. Associn/e Justices— Bawid A. Depue, 
 Newark; Rennet Van Syckel, Trenton; Edward W. «cudder Trenton ; Manning M. 
 Knaijp, Hackensack ; Jonathan Uixon, Jersey City ; Alfred Reed, Trenton ; William 
 J. Magie, Elizabeth ; Joel Parker, Freehold. Attorney General— Sohn P. Stockton, 
 Trenton. C^e/A— Renjainiu F. Lee, Trenton. 
 
 TIMES FOR HOLDING COURTS. 
 
 Courts. Terms Jicf/in. 
 
 Court of Errors and Appeals . . .IstTuos. 
 
 Court of Chancery 1st Tues. 
 
 Prerogative Court 1st Tues. , 
 
 Court of Pardons .... 1st Tues. Mareh, 3d Tues. June and 3d lues. Nov. 
 
 Supreme Court 3d Tues. Feb., 1st Tues. June and 1st Tues. Nov. 
 
 United States Circuit Court .... 4th Tues. March and 4th Tues. Sept. 
 United States District Court . . . .3d Tues. Jan., 3d Tues. April, 3d Tues. June and 
 
 3 Tues. Sept. 
 
 CIRCUIT COURTS. 
 Courts. I'erms Beryin. 
 
 1st District— Justice Reed. 
 
 Cape Mav 4th Tues. April, 4th Tues. Sept. and 3d Tues. Dec. 
 
 Cumberland Isi Tues. Jan., 1st Tues. May and 1st Tues. Oct. 
 
 Salem 3d Tues. Jan., 3d Tues. May and 3d Tues. Oct. 
 
 Atlantic 2d Tues. April, 2d Tues. Sept. and 2d Tues. Dec. 
 
 2d District— Justice Parker. 
 
 <iloucester 1st Tues. April, 1st Tues. Sept. and 1st Tues. Dec. 
 
 Camden 2d Tues. Jan., 2d Tues. May and 2d Tues. Oct. 
 
 Burlington 3d Tues. April, 3d Tues. Sept. and 3d Tues. Dec. 
 
 od District— Chief Justice Beasley. 
 
 Mercer 3d Tues. Jan., 2d Tues. May and 2d Tues. Oct. 
 
 Hunterdon 2d Tues. April, 2d Tues. Sept. and 2d Tues. Dec. 
 
 Warren 4th Tues. April and 4th Tues. Sept., 1st Tues. after 
 
 4th District— Justice Scudder. the 4th Tues. in Dec. 
 
 Middlesex 1st Tues. April, 2d Tues Sept. and 1st Tues. Dec. 
 
 Monmouth 1st Tues. May and 1st Tues. Oct., 1st Tues. after 
 
 oth District -Justice Magie. the 1st day of Jan. 
 
 Somerset 3d Tues. April, 4th Tues. Sent, and 3d Tues. Dec. 
 
 Morris 3d Tues. Jan., 1st Tues. May and 2d Tues. Oct. 
 
 Sussex 1st Tues. April, 2d Tues. Sept. and 1st Tue.s. Dec. 
 
 6th District— Justice Dixon. 
 
 Bergen 1st Tues. April, 2d Tues. Sept. and l.st Tues. Dec. 
 
 Passaic 4th Tues. April and 4th Tues. Sept., 1st Tues. after 
 
 7th District— Justice Depue. Jan. 1st. 
 
 Essex 1st Tues. April, 2d Tues. Sept. and 1st Tues. Dec. 
 
 8th District— Justice Knapp. 
 
 Hudson 1st Tues. April, 2d Tues. Sept. and 1st Tues. Dec. 
 
 tttli District— Justice Van Syckel. 
 
 Union 1st Tues. Jan., 1st Tues. May and 1st Tues. Oct. 
 
 Ocean 2d Tues. April, 1st Tues. Sept. and 1st Tues. Dec. 
 
 Curtesy. — Tlie common law tenancy by the curtesy is not materially niod- 
 itied Viy the Xew Jersey statutes. 
 
 Deeds. — Pursue the common law forms. They must be under seal. 
 Scroll not sufficient. One witness is usual, but not necessary. The word 
 heirs is necessary to convey the fee. Husband and wife must Join in a con- 
 veyance of the estate or right of dower of the wife. Husband must join in 
 deed of wife's land. (See Acknowledgments.) 
 
 Descent and Distribution. — Real estate descends equally without regard 
 to sex. 
 
 If child of desceiulent dies before the ancestor the issue of such child 
 shall take the parent's share. When there is no will the personal estate 
 after payment of expenses and debts shall be divided among the wife and 
 children or children's children, if any such there be, or otherwise tothe next 
 <if kindred of the intestate in equal degrees.
 
 5^ 2fEW JER^jZY. 
 
 Devoatiaas. — 
 
 OATH OF COMXIsaOXEK. 
 
 State of Xew Jek^et. } 
 Coc3TT or . ^ > *^ 
 
 B* it rif e»i*rwL. That od this day of . in the year of oar Lord 
 
 ooe Aonwmii ta^A handled and . at , in the Conntj of . and 
 
 Scate rf . hefose me, , vho am a ^ and lawfbllT authorized to 
 
 adaimBter oaths and affirmatims m the state and eoanxr aforesaid, person- 
 
 aOjr appealed , residn^ m , theammussianer in the -within commis- 
 
 aoB nanKd, who, heii^ by ine dnlj smora, on oaldi do say that 
 
 viD ^SQdaSj. fiJdj and impartially exeetrte the said commiasgop. 
 
 (Gommtsnoner^M mgiuivTt.) 
 
 Swon: :■ j inJ •?n'f:'^:-rl"be<i befort me lie day and year above -writtEn. 
 
 [ST-iT- 1 ^ Signature and tiiie of ojficer. ) 
 
 CAPTION. 
 
 Bt it Ttmtmitertid, That on this day of , in the year of our Lord 
 
 . at , in the <rf , in the county of , and state of , 
 
 being the time and plaee appointed by as for taMng the examinatiou of the 
 
 nilnesB mmf-d in^e eommjasion to which this sehednle is annexed, we 
 
 and ', the eommisBianers tiierein named, having first taken tiie oath re- 
 
 qnited <^ itt in this behalf, faithfally, £furiy and impartially to execote the 
 said eommiaBKm be£o«e , who is a , lawfully authorized to adminis- 
 ter, oadK and affirmaticms in said county and state, proceeded to examine 
 SQdi of the witnesses afosesaid aseoold be met with upon the interrogatories 
 annexed to the said eommission as therein directed, and caused such exami- 
 nation to be taken down in writing, and signed by the witnesses respeotiTe- 
 ly, and s%ned the same oorselTes, as hereinafter follows : 
 
 , ooe of the said witnesses appealing before tis, and being by us duly 
 
 sworn (or, "and alleging himself to be conscientiously scrupulous of taking 
 an oath, ajid being thereupora duly affirmed by us, and haTing solemnly, sin- 
 cerely aoid truly (Glared and affirmed " j that the answers he should give to 
 the said interrogatories should be the truth, the whole tmth and nothing 
 bat the truth. To the first interrogatory he says : (Here state the testi- 
 mony.) To the second interrogatory he says : (Here state the testimony.) 
 
 cxbtificate. 
 State of Xew .Jersey, > 
 
 COOTT OF . > ^' 
 
 . the commLssioner within named, do hereby certify and return to the 
 
 court of that hare duly executed the within commission in 
 
 manner and form as is therein and thereby commanded : and that the exe- 
 caticm thereof will fuUy appear by the schedule to the said commis^ioa and 
 the accompanying interrogatories annexed. 
 
 Given under hand and seal this day of . A. D. IS — . 
 
 [seal,] {Signature and title of officer.) 
 
 Divorce. — The court of chanc-ery has exclusive jurisdiction of all causes 
 of divorces, alimony or maintenance. Divorces shall be decreed when either 
 party has another wife or husband living at the time of such second or other 
 marriage. Divorces may be decreed in case the parties are within the pro- 
 hibited degree — in case of adultery, for desertion for the time of their sej.a- 
 ration, for nnpotence, for extreme' cruelty. 
 
 Dower. — The common law right of dower is not essentially' modified by 
 the >'few .Jersey statutes.
 
 NEW JERSEY. 571 
 
 Executions. — Issue immediately upon a renditiim of j\id<;ineiit, and are 
 returnable either in term or vaeation. A sale uiuler execution, issued upon 
 a junior judgment, discharges a lien of a prior judgment on which no execu- 
 tion has been issued and levy taken. The proceeds are ai)i)lied to the pay- 
 ment of the execution upon which the sale is had. There is no stay of exe- 
 cution, except on those which are issued out of the justice's courts. In 
 these courts thirty days are allowed on sums up to $15 ; three months up to 
 $60, and six months on all sums over 600, by debtor giving security. There 
 is no redemption after.sale in any case. 
 
 Exemptions. — The lot and buildings thereon, owned and occupied by the 
 debtor, being the head of a family, to the value of $1,000, providing that in 
 the debtor's deed it is set out that the projierty is intended for a homestead, 
 or else that notice to such effect is filed in the county clerk's office. Person- 
 al property to the amount of $200, besides wearing apparel, owned by a resi- 
 dent head of a family, appraised by three persons appointed by the sheriff ; 
 and the widow or administrator of a deceased person may claim the same 
 exemption of $200 as against the creditors. 
 
 Frauds, Statute of. — No action shall be broxight. 1. To charge any ex- 
 ecutor or administrator upon any special promise to answer damages out of 
 his own estate. 2. To charge the defendant upon any special promise to 
 answer for the debt of another. 3. To charge any person upon any agree- 
 ment made upon consideration of marriage. 4. Or, upon any contract for 
 the sale of lands, unless the agreement upon which such action shall be 
 brought shall be in writing. 
 
 Every contract for the sale of goods, wares or merchandise, for the price 
 of thirty dollars or upwards, unless : 1, a note or memorandum of such 
 contract shall be in writing. 2. Unless the buyer shall accept part of the 
 goods so sold ; 3, oi", unless the buyer shall give something in earnest to 
 bind the bargain. 
 
 Garnishee. — {See Attachment.) Proceedings are instituted by writ of at- 
 tachment and by levy of execution. 
 
 Grace. — {See Notes and Bills.) 
 
 Homestead. — {See Exemptions.) 
 
 Insolvent Laws. — {See Assignments.) 
 
 Interest. — Legal interest on debts and judgments, six percent. Usury is 
 jmnishable by forfeiture of all interest and costs. Interest on an open ac- 
 count accrues on each item from its date, as at common law. 
 
 Justices of the Peace. — {See Courts.) 
 
 Judgments. — Become a lien on lands from time of actual entry, and so 
 remain for twenty years, unless cut out by an execution issued on a younger 
 judgment, under which a levy is taken. Where there are several judgments, 
 that under which the first levy is taken takes priority. Judgments i-ecov- 
 ered or docketed in tlve supreme court are a lieu on all lands of defendant 
 within the state. 
 
 Limitations of Suits. — Contracts not under seal, six years ; real actions 
 and judgments, twenty years ; notes secured by mortgage and contracts un- 
 der seal, sixteen years. Reviver : Part payment or new promise or ack- 
 nowledgment in writing. 
 
 Married Women. — Hold and control their property, real and personal, 
 jirecisely as if unmarried. But a married woman connot become an accom- 
 modation indorser, guarantor or surety, nor can she convey or incumber 
 real estate without her husband. A married woman may make a w ill of
 
 572 NEW JERSEY. 
 
 her separate estate as if slie were sole, but cannot defeat her husband's in- 
 terest in her real estate, although she can make absolute disposition of her 
 own private personal pioperty, without regard to her husband. Widow 
 takes dower ir. one-third of real estate of which her husband was seized at 
 any time during coverture to which she has signed no deed of release. 
 
 Mechanics' Liens. — Debts contracted in erection of building become a 
 lien. But when contract is filed, building liable to contractor alone. 
 
 If contractor refuses to pay workman he may serve retainer upon the 
 owner and such retainer becomes an assignment of the debt. 
 
 Mortgages. — JNIust be under seal, and the wife must join. Foreclosure is 
 by suit in equity. Chattel mortgages, unless accompanied by immediate de- 
 livery and followed by continued change of possession of things mortgaged, 
 are absolutely void as against creditors and subsequent bona fide purchasers 
 and mortgagees, unless said mortgage has been acknowledged or proved ac- 
 cording to law, and recorded in a book for that purpose. Chattle mortgage 
 must have an affidavit annexed, setting out the interest of the xiortgagee, 
 consideration of the mortgage and the amount due and to grow due thereon; 
 said affidavit to be made by the holder. 
 
 Notes and Bills of Exchange. — Inland bills of exchange are, in general, 
 .subject to the law of foreign bills. They must be protested. Sight bills or 
 drafts, except those on banking associations, have three days' grace. The 
 action required to hold indorser is the same as under the general mercantile 
 law. Drafts and notes due on a legal holiday, are payable on the first legal 
 busines day following such holiday, and notice of non-payment may be given 
 the day after. But if the legal holiday (other than Sunday) should fall upon 
 a Sunday or Monday, bills are payable on Tuesday, and notice may be given 
 on Wednesday, Legal holidays are ; Sundays, January 1st, February 22d, 
 May 30th, July 4th, December 25th, Thanksgiving Day and all days on which 
 a general election for members of the assembly may be held, and also any day 
 set apart by proclamation of the governor of this state, or by the President 
 of the Unitecl States for the purpose of public observance. If any of these 
 days happen on Sunday, the holiday is kept Monday. 
 
 Proof of Claims. — Preliminary requisites. An attorney in New Jersey 
 should be furnished with the christian name, surname, and residence of the 
 proposed i^laintifts and defendants ; if either party is a partnership, the same 
 particulars as to each member of the firm. A non-resident jilaintift' must 
 provide resident freehold security for costs, if required, to the amount of one 
 hundred dollars. In any action on a record or a contract, express or im- 
 plied, the attorney must be furnished with a bill of jjarticulars of the demand, 
 or a copy of the record, bond, note or other writing. 
 
 Stay of Execution. — Execution may issue immediately, except that in a 
 justice's court. When defendant appears on the return day of the summons, 
 or on the day judgment is rendered, and procures good and sufficient free- 
 holders, residents in the county, to join with such defendant in the confession 
 of judgment to the adverse party with costs, execution is stayed as follows : 
 If the judgment be not more than fifteen dollars, execution shall not issue 
 until after one month ; if judgment be more than fifteen dollars and less 
 than sixty dollars, execution shall not issue until after three months ; when 
 the judgment shall exceed sixty dollars, no execution shall issue until after 
 six months, (Rev., p. 548.) 
 
 Executions are stayed by appeal to common pleas and on writ of error. 
 
 Witness. — Party in interest may be ; when a party sues or is sued in a 
 representative capacity, the opposite party will not be allowed to be sworn, 
 except when such party who sues or is sued in a rei)resentative cai)icityis ad- 
 mitted as a witness ; then the opposite i^arty will also be allowed to be sworn 
 as a witness.
 
 NEW JERSEY. 
 
 578 
 
 ATTORNEYS IN NEW JERSEY. 
 
 Bold Face Type denotes county seats. A dash (—1 less than 100 population. 
 Figures after names when admitted to Bar. A star (*) ^J claries Public. 
 A double dagrger (|) our Compiler of Laws. 
 A dagger (t) former recommendations withdrawn. 
 
 PLACE. 
 
 Asbury Park 
 
 Atlantic City 
 
 Belleville 
 
 Belvidere 
 
 Beverly 
 
 Boonton 
 
 Bordentown 
 
 Botind Brook 
 
 Bridgeton 
 
 Burlington 
 
 Camden 
 
 COUNTY. 
 
 Monmouth 
 
 Atlantic 
 
 Essex 
 
 Warren 
 
 Burlington 
 
 Morris 
 
 Burlington 
 
 Somerset 
 
 Cumberland 
 
 Burlington 
 
 Camden 
 
 Cape May 
 
 Cape May 
 
 Clayton 
 
 Gloucester 
 
 Closter 
 
 Bergen 
 
 Crawford 
 
 Union 
 
 Dover 
 
 Morris 
 
 Egg Harbor City 
 
 Atlantic 
 
 Elizabeth 
 
 Union 
 
 Elmer 
 
 Salem 
 
 Englewood 
 
 Bergen 
 
 Flemington 
 
 Hunterdon 
 
 Freehold 
 
 3Ionmouth 
 
 Frenchtown 
 
 Hunterdon 
 
 Gloucester City 
 
 Camdeti 
 
 Hackensack 
 
 Bergen 
 
 Hackettstown 
 
 Warren 
 
 Haddonfield 
 
 Camden 
 
 Hammonton 
 
 Atlantic 
 
 Hightstown 
 
 fiercer 
 
 lloboken 
 
 Hudson 
 
 Jersey City 
 
 Hudson 
 
 Keypurt 
 
 Monmouth 
 
 Lambertville 
 
 Hunterdon 
 
 Long Branch 
 
 Monmouth 
 
 Madison 
 
 Morris 
 
 Matawan 
 
 Monmouth 
 
 NAMES OF ATTORNEYS. POPULA N 
 
 C \ Alfred D. Bailey. 
 
 < I Datid Hartey, Jr. 2,124 
 
 ( Isaac E. Kennedy. 
 
 GEORGE T. INGHAM. 7.942 
 
 Q. H. Perry. 3; 285 
 
 J. G. Shipman & Son. 3,000 
 
 James Bennett. 1,973 
 
 M. S. Kitchen. 2,390 
 
 Mahlon Hutchison. 4,683 
 
 H. C. Snvdam. 1,011 
 
 Wm. A.Logue, 'T5. 10,065 
 
 James P. Logan. 6,653 
 
 f Bergen & Bergen, 110 Market St. 
 
 j FRISBEE,WM.P.,311M'k'tSt.^o co^ 
 
 1 Robbins,S.K.,211iM'k'tSt. ^'^^^^^ 
 
 I Snyder, H. M. Jr., 27 Market St. 
 
 J. B. Huffman. 1,610 
 
 Geo. H. Hewitt. 2,399 
 
 C. A. Collins. 1,000 
 
 {See Westfield.) 1,100 
 
 James H. Neighbor. 3,170 
 
 A. Stephauv. 1,713 
 
 Wm. P. Wilson, '70. 32,119 
 
 A. Cochran. 1,000 
 
 Geo. R. Button. 4,429 
 
 R. S. Kuhl. 3,979 
 
 S Frank P. McDermott, '75 <, . <, . 
 
 > Sec Card in A2)i)eiidi:c, pac/e xiy. ~>^*'* 
 
 L. D. Hagaman. 1,066 
 
 Henry L. Mcllvane. 5,966 
 
 W. M. Johnson. 5,000 
 
 Jacob Allen. 2,645 
 
 J. W. Westcott. 1,905 
 
 A. J. King cfc Son, 2,700 
 
 A. A]ipleget. 1,608 
 f t M. Bretzfeld. or, r-oj 
 \ A. I, Smith. ' " 
 
 Leon Abbott. 15.3,513 
 
 B. B. Ogden. 3,063 
 W. F. Hay hurst. 4,500 
 HON. BENJ. P. 3I0RRIS. 5,140 
 B. R. Cargan. 1,756 
 R. W. Dayton. 1,455
 
 574 
 
 NEW JERSEY. 
 
 May's Landing 
 
 Metucheu 
 
 Millville 
 
 Moorestown 
 
 Morristown 
 
 Mt. Holly 
 
 Newark 
 
 New Brunswick 
 
 Newton 
 
 Orange 
 
 Oxford 
 
 Paterson 
 
 Perth Amboy 
 
 Phillipsburg 
 
 Plainfield 
 
 Princeton 
 
 Kaliway 
 
 Red Bank 
 
 Ridgewood 
 
 Rockaway 
 
 Rutherford 
 
 Salem 
 
 Somerville 
 
 South Amboy 
 Toms River 
 
 Trenton 
 
 Vineland 
 
 Washington 
 
 Westfield 
 
 West Hoboken 
 
 Woodbridge 
 
 Woodbury 
 
 Woodstown 
 
 COUNTY. 
 
 Atlantic 
 
 Middlesex 
 
 Cumberland 
 
 Burlington 
 
 Morris 
 
 Burlington 
 
 Essex 
 
 Middlesex 
 
 Sussex 
 
 Essex 
 
 Warren 
 
 Passaic 
 
 Middlesex 
 
 Warren 
 
 Union 
 
 Mercer 
 
 Union 
 
 Monmouth 
 
 Bergen 
 
 Morris 
 
 Bergen 
 
 Salem 
 
 Somerset 
 
 Middlesex 
 
 Ocean 
 
 Mercer 
 
 Cumberland 
 
 Warren 
 
 Union 
 
 Hudson 
 
 Middlesex 
 
 Gloucester 
 
 Salem 
 
 NAMES OF ATTORNEYS, POPULA N. 
 
 Wm. Moore. 744 
 
 O. F. Browning. 1,500 
 
 G. B. Ogden. 8,824 
 
 (See Camden.) 1,800 
 
 WILLARD W. CUTLER. 5,418 
 
 WALT^ER A. BARROWS, '73 4,680 
 
 C. Bercherling 
 
 W. P. Voorhees 
 
 Kays, Huston & Kays. 
 
 JAMES W. FIELD, '55. 
 
 David Breston. 
 
 G. A. Hobart. 
 
 J. W. Burkman. 
 
 WM. M. DAVIS. 
 
 Snydam & Stillman. 
 
 L. H. Anderson. 
 
 Shafer & Durand. 
 ;*APPLEGATE, '61 & 
 \ * HOPE, '82 
 
 J. M. Knapp. 
 
 J. F. Stickle. 
 
 L. Shafer. 
 
 W. T. Hilliard. 
 
 JAMES L. GRIGGS. 
 \ t Tliomas J. Cloke. 
 ' Chas. Moi'gan. 
 " J. H. Birdsall. 
 
 X Symmes B. Hutchison, 
 
 152 E. State St. 
 8ee Card in Appendix, j)age xv 
 
 W. Berautt. 3,170 
 
 O. Jeffrey. 3,000 
 
 James O. Clark. 2,352 
 
 A. A. Rich. 7,162 
 
 E. Cutler. 4,227 
 
 John S. Jessup. 3,278 
 
 Enoch S. Fogg. 1,500 
 
 153,988 
 
 18,258 
 
 2,800 
 
 15,231 
 
 3,500 
 
 36,273 
 
 9,000 
 
 8,058 
 
 8,913 
 
 3,209 
 
 6,861 
 
 3,185 
 
 1,776 
 5,573 
 2,579 
 6,000 
 3,316 
 
 4,000 
 
 1,500 
 
 34,386
 
 NEW JERSEY 
 
 575 
 
 BANKS IN NEW JERSEY. 
 
 Giving tlie name of town, bank and cashier, and amount of paid-up capital ot one 
 banli in each county of this state in which such a banking institution is located. 
 
 KAME OF BANK. 
 
 Fanners National Bank 
 First Xational Bank 
 Atlantic City Nat Bank 
 Belvidere National Bank 
 Bloomsbury National Bank 
 Bordentown Banking Co 
 Cumberland National Bank 
 ^Mechanics' National Bank 
 National State Bank 
 First National Bank 
 
 <( f( a 
 
 Farmers National Bank 
 National Union Bank 
 National State Bank 
 Hunterdon Co Nat Bank 
 Freehold Banking Co 
 Union National Bank 
 Hackettstown Nat Bank 
 First National Bank 
 
 Allentown 
 
 Asbury Park 
 
 Atlantic City 
 
 Belvidere 
 
 Bloomsbury 
 
 Bordentown 
 
 Bridgeton 
 
 Burlington 
 
 Oamden 
 
 Clinton 
 
 Cranberry 
 
 Deckertown 
 
 Dover 
 
 Elizabeth 
 
 Flemington 
 
 Freehold 
 
 Frenchtown 
 
 Hackettstown 
 
 Hightstown 
 
 Hoboken 
 
 Jamesburg 
 
 Jersey City 
 
 Keyport 
 
 Lambertville 
 
 Long Branch 
 
 Madison 
 
 Manasquan 
 
 Matawau 
 
 Med ford 
 
 Millville 
 
 Moorestown 
 
 Jlorristown 
 
 Mt. Holly 
 
 Newark 
 
 New Brunswick National Bank of N J 
 
 Lambertville Nat Bank 
 Long Branch Banking Co 
 First National Bank 
 
 n ii a 
 
 Farmers & Merchants Bk 
 Burlington Co Nat Bank 
 :Millville Nat Bank 
 Moorestown Nat Bank 
 National Iron Bank 
 Farmers Nat Bk of N J 
 National State Bank 
 
 Newton 
 
 Orange 
 
 Patterson 
 
 Perth Amboy 
 
 Phillipsburg 
 
 Plaintield 
 
 Sussex National Bank 
 Orange National Bank 
 First National Bank 
 Middlesex County Bank 
 Phillip.sburg Nat Bank 
 First National Bank 
 
 CASHIER. • 
 
 T. E. Schanck. 
 A. C. Twining. 
 F. P. Quigley. 
 I, Harris. 
 Louis Anderson. 
 A. I. Claypole. 
 
 F. M. Riley. 
 Nathan Haines. 
 W. F. Rose. 
 
 N. W. Voorhees. 
 Chas. Applegate. 
 Theo. F. Margarum. 
 Geo. D. Meeker. 
 Jas. Maguire. * 
 John B. Hopewell. 
 T. A. Ward. 
 A. B. Haring. 
 Robert A. Cole, 
 James H. Johnes. 
 W. B. Goodspeed. 
 T. W. Hill. 
 
 G. W. Conkling. 
 Garrett S. Jones. 
 I. P. Smith. 
 John Terhune. 
 Wilbur F. Morrow. 
 jNI. D. L. Magee. 
 
 C. H. Warden. 
 •J. Oliphant. 
 H. Mulford. 
 Wm. W. Stokes. 
 
 D. D. Craig. 
 
 I. P. Goldsmith. 
 Wm. Rockwell. 
 
 E. S. Campbell. 
 Theo. Morford. 
 J. Warren Smith. 
 Edward T. Bell. 
 W. H. Peterson. 
 John A. Bachman. 
 Carmon Parse. 
 
 PAID UP 
 CAPITAL. 
 
 $ 50,000 
 
 50,000 
 
 50.000 
 
 300,000 
 
 80,000 
 
 73,750 
 
 150,000 
 
 100,000 
 
 260,000 
 
 100,000 
 
 50.000 
 
 100,000 
 
 100,000 
 
 350,000 
 
 200,000 
 
 150.000 
 
 113,350 
 
 150,000 
 
 150,000 
 
 110,000 
 
 75,000 
 
 400,000 
 
 50,000 
 
 100,000 
 
 90,000 
 
 50,000 
 
 50,000 
 
 150,000 
 
 100,000 
 
 100,000 
 
 50,000 
 
 100,000 
 
 200,000 
 
 500,000 
 
 250,000 
 
 200,000 
 
 150,000 
 
 400,000 
 
 35,000 
 
 200,000 
 
 200.000
 
 576 
 
 NEW JERSEY. 
 
 
 
 
 PAID UP 
 
 PLACE. 
 
 NAME OF BANK. 
 
 CASHIER. 
 
 CAPITAL. 
 
 Princeton 
 
 Princeton Bank 
 
 S. T. Seger. 
 
 100,000 
 
 Rahway 
 
 Nat Bank of Rahway 
 
 M. W. Brett. 
 
 100,000 
 
 Red Bank 
 
 First National Bank 
 
 J. L. Terhune. 
 
 100,000 
 
 Salem 
 
 Salem Nat Banking Co 
 
 H. M. Rumsey. 
 J. W. Taylor. 
 
 150,000 
 
 Somerville 
 
 First National Bank 
 
 100,000 
 
 Swedesboro 
 
 Swedesboro Nat Bank 
 
 J. C. Rulon. 
 
 53,000 
 
 Tom's River 
 
 First National Bank 
 
 Wm. A. Low. 
 
 50,000 
 
 Trenton 
 
 (. (( (( 
 
 Chas. Whitehead. 
 
 500,000 
 
 Vincentown 
 
 (( (. i( 
 
 Guy Bryan. 
 
 100,000 
 
 Vineland 
 
 Vineland National Bank 
 
 C. H. Anderson. 
 
 50,000 
 
 Washington 
 
 First National Bank 
 
 A. P. Hann. 
 
 100,000 
 
 Woodbury 
 
 " " •' 
 
 J. H. Bradway. 
 
 100,000 
 
 Woodstown 
 
 li a a 
 
 Wm. Z. Flitcraft. 
 
 75,000
 
 TERRITORY OF 
 
 NKW NIEXICO. 
 
 SUMMARY OF 
 
 Collection Laws. 
 
 CorRT Calendar, Instructions for taking Depositions, Lk(;al. Forms, Etc. 
 
 Expressly Prepared and Revised to Nov. 1st, 1887, tor " Showers' 
 
 LEGAii Directory and Merchants' Guide," for 1888. by 
 
 W. B. Sloan of the Santa Fe Bar. 
 
 Acknowledgments. — Of deeds are made, if taken in the territory, before 
 any judge or clerk of a court of record having a seal, or before a justice of 
 the peace or notary public. If made vrithout the territory, and within the 
 United States, before any United States court, or any court of any state or 
 territory having a seal, or before the clerk or judge of any such coui't, the 
 genuineness of the signature and official character of such judge to be certi- 
 fied to under the seal of his court by the clerk thereof, or before a com- 
 missioner of deeds for New jVIexico, or before a notary public having an offi- 
 cial seal, or before the clerk of any court of record having a seal. 
 
 Notary publics must keep a record of all business transacted, and at ex- 
 piration of term of office, deposit such record with the county commissioners. 
 No conveyance of a mari-icd women is valid, unless executed together with 
 her husband. 
 
 Actions. — Maybe brought before justices of tlic peace, for any sum not 
 exceeding one hundred dollars. In district courts from one cent up without 
 limit. (See Appeals uad Affidavits.) 
 
 Administration. — (The Estates of Deceased Persons.) Probate judges 
 have the appointing of administrators, or administrators with the will 
 annexed, of the personal estate, where no executors are named in the will. 
 Bond must be executed in double appraised value of the property. Adminis- 
 trators must settle in one year. If necessity reiiuires the sale of real estate, 
 it can only be done by partition to the district court, except in cases of luna- 
 tics, when if lettci's are granted by the probate court, it alone has jurisdic- 
 tion, if letters issued by the district court, it alone )ias jurisdiction over both 
 lunatic and property. 
 
 Affidavits. — May be used to verify accounts, and wlicn tiled with the ac- 
 count at the commencement of suit, is sulHi-icnt ui)ou which to take judg- 
 ment, unless the defendant demies the acccmut under oath. All accounts 
 should be sworn to before sending for collection. Affidavits are of general 
 use, and may be made before the same persons authorized to take acknowledg- 
 ments of deeds, &c. 
 
 Aliens. — Can purchase and sell real estate by our statutes and can transact 
 any kind of business — save as limited by act of 1887 of congress, as to purchas- 
 
 [N. Mex. 1.]
 
 578 NEW MEXICO TERRITORY. 
 
 ing real estate — may lease real estate for indefinite periods, connected with 
 mercantile pursuits. Foreign heirs inherit the same as if residents, and gov- 
 erned by same laws of descent. 
 
 Appeals. — May be taken from justice of the peace to the district court, in 
 all civil cases, regardless of amount of judgment or decision ; and from the 
 district court to the supreme court, regardless of amount ; and from the 
 district court, writs of error will lie tc the United States supreme court 
 where amount of the judgment is $5000 or over. 
 
 Arrest. — In Civil Actions. — None except where creditor's demand amounts 
 to $50, makes affidavit showing an indebtedness, and that the debtor is about 
 to abscond so as to endanger the collection of his debt ; must file a bond as 
 in attachment, when a capias issues for the arrest of the debtor, who maybe 
 released by giving bond to appear at court on a day fixed and abide the order 
 or judgment of the covirt. A trial may be had by jury, as to the truth of 
 the affidavit, apart from the consideration of the validity of the debt. If 
 affidavit is found by the jury to be not true, debtor will be discharged from 
 the arrest. 
 
 Assignments. — Have no statute on the subject, the rule of common law 
 governs. 
 
 Attachments. — Creditors whose demand amount to fitty dollars or more 
 may sue debtors by attachment, issued out of district court. When debtor 
 is a non-resident of the territory ; when debtor has concealed himself or ab- 
 sconded, or absented himself from his usual place of abode, so that ordi- 
 nary process of law can not be served upon him ; when debtor is about to 
 remove his property out of the territory, or is fraudulently concealing or dis- 
 posing, or has concealed or disposed of the same ; so as to defraud him or 
 delay his creditors, when debt is contracted out of territory and property 
 secretly moved into the territory ; when defendant is a corporation, whose 
 office is out of territory and not having a designated agent in territory upon 
 whom to serve process ; when debt was fravidulently contracted or credit 
 obtained by false pretenses. Attachment will also lie upon actions founded 
 upon tort. Money or property due the defendant, and held by others, may 
 be collected by garnishment. Attachment may issue upon a claim or demand 
 not matured. A capias will issue on affidavit that defendant is about to ab- 
 scond. Plaintiff must furnish bond as in case of attachment. 
 
 A non-resident may have it on the same terms as a resident, but must give 
 resident sureties. The property attached will be released on a forthcoming 
 bond. Perishable property may be sold on order of judge of court, where 
 action is pending, and proceeds held to abide the event of suit. 
 
 Bills of Exchange and Promissory Notes.— Rules of the law merchant 
 governs, (excejyt by Statute,) a suit may be joint or several, even on a joint 
 note; a judgment may be obtained on a joint note, against one principal or 
 surety, and afterwards the other or others may be sued to satisfy any de- 
 ficiency. 
 
 July 4th, Dec. 25th and January 1st, and all days designated by the gov- 
 ernor as days of public thanksgiving are legal holidays, and all bills, notes, 
 etc., falling due on such days, become due and payable the succeeding day. 
 
 Bills of Lading. — Every corporation must provide forms of lading in writ 
 ing or print, and supply every consignor of freight, must be signed by agent 
 of'corporation, must contain description of freight so as to identify it, and 
 and name of consignor, and terms of carriage, also contain a contract for 
 delivery of freight to place of destination, to person or corporation named in 
 the same. May demand payment in advance and if not paid, has a lien on 
 articles shipped, until freight is paid. If freight is not paid in ten days from 
 date it is due, it may may be sold to pay charges. 
 [X. Mex. 2.]
 
 NEW MEXICO TERRITORY. 579 
 
 Chattel Mortgages.— May be executed on personal property ; must be 
 filed or a true copy thereof filed in the recorder's office. The lien is good for 
 one year. If desired to renew the mortgage, thirty days before the year has 
 expired, mortgagee, his agent or attorney must make oath, stating j^articular- 
 ly the balance due and unpaid, which affidavit must be attached to or writ- 
 ten on the original mortgage, and such mortgage or certified copy refiled, or 
 the lien will be lost. No record of a mortgage of chattels is required, be- 
 yond the mere filing. The recorder must enter a synopsis of the mortgage 
 in the chattel mortgage book, and index it. Mortgaiged property can be 
 levied on subject to rights of mortgagee. 
 
 Claims against Decedents' Estates. — Must be properly made out, sworn 
 to, pre.sentetl to the probate court at a regular quarterly session, be allowed, 
 and then presented to the administrator for payment. The administrator 
 cannot pay until the claim is duly proven in court. Must be paid within the 
 year, from date of letters of administration. 
 
 Conditional Sales of Personal Property. — No statute on the subject. 
 ■(See Chattel Mortgages.) If not mortgaged, is subject to execution or at- 
 tachment. 
 
 Corporations. — Domestic and Foreign. — Have a general incorporation law. 
 No private charters can be granted. Any three or more persons may obtain 
 •charter for mining, manufacturing, or other industrial pursuits, and for the 
 purpose of constructing and operating rail roads, wagon roads, irrigating 
 ditches, and for churches, colleges, libraries, and charitable, scientific, and 
 benevolent associations. There must be three or more directors, a majority 
 ■of whom must be citizens of the United States, and residents of the territory. 
 
 Foreign Corporations must file a copy of its charter with the secretary of 
 the territory, and recorder of the county in the territory, in which their 
 principal place of business is conducted, or if incorporated under a general 
 law, a copy of its articles of incorporation, and of such general law ; and also 
 a certificate signed by the president and secretary, designating its principal 
 place of business, and an agent residing thereat, upon whom process may be 
 served. As to foreign insurance companies, the law provides additional re- 
 quirements. 
 
 Costs. — Attorney, solicitor, and council fees are not taxable as such, only 
 in suits to enforce mechanics' lien, or where contracted for, or special allow- 
 ance by court in chancery cases. Plaintiff may be ruled to give security for 
 costs at any time, and if not given by the first day of succeeding term, if a 
 shorter time has not been fixed by the court, and if rule is not discharged, 
 suit will be dismissed. The losing party has judgment rendered against him 
 for costs. 
 
 Courts. — The judicial power is vested in a supreme court, which has origi- 
 nal jurisdiction to grant writs of quo warranto, mandamus, prohibition and 
 habeas corpus, and appellate jurisdiction of all cases determined in the dis- 
 trict court. 
 
 Tlie District Courts have unlimited original common law and chancery 
 jurisdiction, are separately exercised, the chancery side is always open, while 
 the law side is limited to semi-annual terms in each county. Tlie district 
 court has appellate jurisdiction of all decisions and matters detei"mined by 
 probate court and justices of the peace. 
 
 Probate Courts have ordinary probate jurisdiction. {See Claims against 
 De-cedenfs Estates). The terms of court are fixed by the judges, and the 
 territory is divided into four judicial districts, as follows : 
 
 [N. Mex. 3.]
 
 580 NEW MEXICO TERRITORY. 
 
 Court Calendax. — 
 
 First Judicial i>w<rtc«.— Time of holding Court in Santa Fe County, at Santa Fe, 
 February 6, August 6; in San Juan County April 23, October 8 ; Rio Aniba County 
 April 9, October 22; in Taos County April 2, November 12. 
 
 Second Judicial District, Headquarters at Albuquerque.— Time of holding Court 
 in Bernalillo County March 5, September 3; in Valencia County, at Los Luuas, 
 April 9, October 8 ; in Socorro County, at Socorro, May 7, November 5. 
 
 Third District. — Time of holding Court in Donna Anna County, at Las Cruces, 
 April 2, October 1; in Sierra County, at Hillsborough, March 12, September, 10; iu 
 Grant County, at SilvesCity, May 21, November 19. 
 
 Fourth District.— Time of holding Court in San Miguel County, at Las Vegas, May 
 14, November 12; in Lincoln County, at Lincoln, February 13, August 27; in Colfax 
 County, at Springer, March 12, September 17; iu Mora County, at Mora, April 2, 
 October 8. 
 
 Justices of the Peace have jurisdiction in civil cases to the amount of $100, 
 but not exclusive. 
 
 T/te Supreme Court is composed of a chief justice and three associates, ap- 
 pointed liy the president. They hold two sessions of the supreme court an- 
 nually. There is a probate court in each county, and should hold six sessions 
 in each year, if the business requires it. 
 
 Curtesy. — Have none. The statute is based on the civil law. Husbanv* 
 and wife can buy and sell separately. Proi)erty, the product of joint labors, 
 is equally divided. Husband's debts paid out of his share, and wife's debts 
 paid from her share. Real estate owned before marriage, at death, is not 
 charged with the debts of the other. Wife may cany on business in her own 
 name, she alone being liable for debts of her contracting, connected with 
 such business. 
 
 Deeds. — (See Acknowledgments.) 
 
 Descent and Distribution. — Legitimate children inherit equally. In the 
 absence of children, the husband or wife surviving inherits all estate, ac- 
 (juired during the existence of the married relation. Natural children in- 
 herit from tlie father in the absence of legitimate issue. The nearest ances- 
 tor inherits in all other cases, and if there be neither descendants or ancestors 
 living, the nearest collateral relatives inherit. 
 
 Depositions. — Of non-resident witnesses may be taken in civil cases pend- 
 ing in district court, upon notice and interrogatories, for which (after proper 
 application) a commission issues to the person named, or agreed upon, to 
 whom the commission and interrogatories are sent. The witness answers 
 only such questions as are ctmtained in the interrogatories, unless by agree- 
 ment in writing, other questions may be asked. 
 
 Divorce. — Can be obtained for adulteiy, cruel and inhuman treatment and 
 abandonment. The last legislature made cruel and inhuman treatment and 
 abandonment of the wife, a penitentiary offence. 
 
 Dower. — (Sec Curtesy, Descent and Distribution.) 
 
 Evidence. — Parties in interest may testify, and may be compelled by oppo- 
 site party to testify same as any other witness. In all other resi)ects, the 
 rules laid down by elementary writers govern. 
 
 The testimony of aged and infiiin i)arties may be taken to perpetuate it un- 
 der statutory regulations. 
 
 Executions. — May issue at anytime after judgment, and within fifteen years 
 from its rendition. No revivor ie<iuired within the i)eriod of limitations, or 
 jieriod from wliich the presumption of payment shall be sustained. Exe- 
 (aitions are ret\iiTiable in sixty days. Executions take effect only from the 
 levy, and injustices' court, issue in ten days from rendition of the judgment. 
 [N. Mex. 4.]
 
 NFAV MEXICO TERRITORY. 581 
 
 There is no stay of execution, vmless by agreement of parties, or on appeal 
 or writ of error and supersedeas bond is filed. Heal estate sold on execution 
 must be published three consecutive weeks before day of sale. 
 
 Ezecutors. — Must prove tlie will, receive letters from the probate court, 
 file an inventory, settle indebtedness within one year, and the legacies as soon 
 as the terms i>f the will permit. 
 
 Exemptions. — Every person vvliu bus a family, and every widow, may hold 
 exemjjt from everytliing but taxes, a liomestead of SIOOO in value, all home- 
 stead furniture, wearing apparel, beds, stoves, cow, two hogs, six sheep, and 
 feed for sixty days, bibles, and other l)ooks, family pictures, provisions to 
 amount of $.')0, (me sewing maclune, one knitting machine, one gun or pistol, 
 tools and implements of tiie debtor, for carrying on his trade or business, the 
 liersonal earnings of tlie debtor, of his or her minor cliild or children, for 
 three months. All articles, specimens, and cabinets of natural history, or 
 science whether animal, vegeta1)le, or mineral, except such as may be in- 
 tended for show or exlubition for money. Every person engaged in draying, 
 or carrying property from place to place with one horse and wagon for a 
 livelihood, sliall in additon to the foregoing exemptions, liold one horse, 
 harness, dray or wagon exempt ; and every person, head of a family, engag- 
 ed in the business of agriculture, shall in addition to above, hold two horses, 
 harness and wagon, or one yoke of oxen and necessary gearing, and one wag- 
 on ; and eveiy doctor, in addition to exemi)tions specified as to heads of fami- 
 lies, may hold one liorse, saddle, bridle, books, medicines and instruments 
 pertaining to his jjrofession, exempt from execution ; lawyei's, that are the 
 head of a family, may in addition to exemptions of homestead and household 
 goods, holdlaw books, nottoexceed $500 in value. AlUife insurance exempt: 
 all regalia, insignia of office and books of any benevolent order exempt : and 
 any resident who is the head of a family and not the owner of a homestead, 
 may hold in lieu thereof, real or personal property, in addition to the above 
 exemptions, to be by him, her, ov agentorattorney selected at anytime before 
 sale to the value of $.")00. A mortgage not signed by wife, will not barber 
 of the right to select a homestead. This act was passed, Feburary :24th, 1887, 
 and repeals all former laws on the subject of exemiJtions. 
 
 Factors. — Both in the commercial and legal sense of the term, the common 
 law governs. Have no statute on the subject. 
 
 False Pretense.— Obtaining goods, evidences of debt or credit, by false 
 pretense, tlie i)enalty is impVisonment in the penitentiary for a period of 
 years. 
 
 Frauds, Statue oL—{No Stafvtc on the Subject.) 
 
 Garnishment.— ('See Attachment.) Writ issues to granishee at same time 
 oC the writ of attachment. On orderuig garnishee to answer at a time fixed 
 iu the notice. 
 
 Grace. — Days of, none allowed. 
 
 Homesteads.— ('See Exemptions, &c.) 
 
 Insolvent Laws. — None. 
 
 Interest. — Legal rate in this territory is six per cent. Six per cent, on 
 open accounts unless othei-wise specified. Parties can agree in writing for 
 tvolve ])er cent, but no more. There is a tisury law passed in 1884. 
 
 The taking of usurious interest is a misdemeanor, punishable by fine, and 
 besides the party taking the same is liable to the party paying, in double the 
 
 amount paid. 
 
 '■ [N. Mox. 5.1
 
 582 NEW MEXICO TERRITORY. 
 
 Judgments. — Are a lien on real estate within the county from date of 
 docketing, and may be extended to other counties by filing transcript with 
 clerk of the probate court. 
 
 Justices of tlie Peace and Constables.— Are elected one for each precinct, 
 and justices of the peace must give bond in $500 for faithful discharge of the 
 duties of the office. {See Actions and Courts.) 
 
 Landlord and Tenant. — Landlord has a lien by statute on everything be- 
 longing to the tenant, for his rent, until paid. 
 
 Leases. — No statute — English common law governs. 
 
 License. — In form of tax on wholesale and retail business, where amount 
 exceeds one thousand dollars. No drummer's license or tax required. 
 
 Liens. — Judgments are a lien on real estate in county where rendered, and 
 on filing of transcript with recorder of any other county become liens. Liens 
 attach to personalty from date of levy of execution. 
 
 Limitations of Actions. — Suits on judgments are barred in fifteen years ; 
 on actions in six, and on accounts in four ; and for the recovery of real estate 
 by ten years' adverse possession, except as to infants, married women, and jier- 
 sons out of the United States. 
 
 A cause of action founded upon contract is revived by an admission or new 
 promise in writing. 
 
 Limited Partnership. — No statute on the subject. (See Partnership.y 
 
 Married Women.(/See Curtesy.) 
 
 Mechanics' Liens — All artizans or mechanics who furnish material or labor 
 have liens by statute for such labor or materials, or both, an account of which 
 must be made out, sworn to and filed in the office of the recorder, who is ex 
 officio clerk of the probate court, and whose duty it is to receive the same. If 
 the indebtedness is not paid within one year, the same may be enforced by 
 bill in chanceiy. A recovery will include attorney's fees and costs. 
 
 Minors.— Males under the age of twenty-one years, and females under 
 eighteen, must have the consent of parents or guardians before they can 
 marry. To live together without marriage is a crime punishable by imprison- 
 ment in the penitentiary. The last legislature raised the age of consent of a 
 female to fourteen years ; its infraction is a penitentiary offence. 
 
 Mortgages of Real Estate.— No &tsitute.— (See Acknowledgments.) 
 
 Notes and Bills.— (A'ee Bills of Exchange.) 
 
 Oaths and Affidavits.— (5fee Affidavits.) 
 
 Partnerships. — The law of this territory provides that contracts of co- 
 partnership shall be in writing stating the business, capital to be invested which 
 must be paid in, the full names of all the partners, and residence of each, 
 and be recorded in the county where the business is to be transacted. The 
 contract must be made before a court of record, or a clerk thereof ; the con- 
 tract must set forth the manner of dividing the profits and losses, to provide 
 for arbitration of differences between tliemselves. Must keep books in due 
 form and an inventory of stock, and no partner can withdraw the capital 
 stock or profits, not provided for by contract, before the time limited for the 
 [N. Mex. 6.]
 
 NEW MEXICO TEKRITORY. 583 
 
 termiuatiou of the contract of co-partnership. In case of death of partner, 
 the wife or children may close or continue the business under certain statu- 
 tory provisions. No provision for a survtving partner to carry on the busi- 
 ness. Suits in chancery can be instituted untter the statute, to close up the 
 business, when death, disappearance, or other motive keeps a partner absent 
 from the business. 
 
 Promissory Notes. — (See Bills of Exchange.) 
 
 Practice. — Is common law. 
 
 Proof of Claims- — {See Affidavits and Actions. 
 
 Recording. — {See Acknowledgments and Deeds. 
 
 Replevin. — Suits for recovery of personal property must be brought with- 
 in one year from time the right of action accrued. Plaintiff must file a' de- 
 claration and an affidavit, showing a right to the immediate possession of the 
 property, also a bond to prosecute the suit to effect and save the officer harm- 
 less who executes the writ. If plaintiff fails, the defendant obtains judg- 
 ment for possession of the property, and double damages for detention. 
 
 Revenue. — Is collected by licences and taxes. 
 
 Revision.— None. 
 
 Revivor. — None required since February 24, 1887. 
 
 Seal. — No particular form of seal is now required. A scroll will answer 
 every purpose as to deeds and contracts. Notaries public, clerks of courts, 
 and all corporations must affix a seal to all official acts. 
 
 Security for Costs, etc. — May be required at any stage of the suit, unless 
 the plamtiff makes affidavit that he or she is too poor to furnish the security. 
 In such case suit must proceed. 
 
 A docket or advance fee in civil cases of 85.00, and in chancery cases of 
 $10.00, may be demanded by the clerk before filing declaration, and sheriff 
 may demand his fees, before executing any process. 
 
 Stay of Execution.— None. 
 
 Suits. — {See Actions.) 
 
 Supplementary Proceedings. — No law on the subject. 
 
 Taxes. — {See Revenue.) 
 
 Trust Deeds. — No statute on the subject. 
 
 Usury. — Yes. {See Interest.) 
 
 Wages. — [See Mechanics' Liens.) — Common law governs. 
 
 Wills.— The statute is very complicated. It is a code, {named El P. Pedro 
 Marillo Velarde,) composed of civil law, common law, with same statutory 
 modifications, a work of ninety-one pages in Spanish. Either male or fe- 
 male of sound mind and judgment, over twenty-one and eighteen years re- 
 spectfully, may make a will, and which must be duly attested by three 
 witnesses, residents of the county, and signed by the legator, in presence of 
 
 [N. Mex. 7.]
 
 584 NEW MEXICO TERRITORY. 
 
 the witnesses, and by tlioiu in the presence of each other, who must have full 
 knowledge of the entire contents of the will. It is probated in the probate 
 court, but if contested, the probate judge sends it to the district court ac- 
 companied with a certificate, where the contents is settled and certified, 
 back to the probate court for completion, with the order of the district 
 court. 
 
 Witnesses. — None required by statute, to deeds or mortgages. In civil 
 actions interest does not disqualify, (See Evidenee.) 
 
 I 
 
 FN. Mex. 8.1
 
 NEW MEXICO TERRITORY. 
 
 585 
 
 ATTORNEYS IN NEW MEXICO TERRITORY. 
 
 Bold Face Type denotes county seats. A dash (— ) less than 100 population. 
 Figures after names wlien admitted to the Bar. A star (*) Notaries Public. 
 A double dagger (J) our ConiiJiler of Laws. 
 A dagger (f) former recommendations witlidi'awn. 
 
 PL.\CE. COUNTY. N.\MES OF ATTORNEYS. POPULA'N. 
 
 Albuquerque 
 
 Bernalillo 
 
 Stone & Stone. 
 
 4,870 
 
 Dcuiiuir 
 
 Grant 
 
 Warren Bristoe. 
 
 1,650 
 
 Fernandez De Taos Taos 
 
 S. Yaldez. 
 
 — 
 
 Hillsborough 
 
 Sierra 
 
 F. W. Parker. 
 
 500 
 
 Las CiucL's 
 
 Dona Ana 
 
 S. B. Newcomb. 
 
 2,100 
 
 Las Vegas 
 
 San Miguel 
 
 COLUMBUS MOISE. 
 
 6,000 
 
 Lincoln 
 
 Liucoln 
 
 John J. Cockrell. 
 
 638 
 
 Los Lunas 
 
 Valencia 
 
 J. F. Chaves. 
 
 1,000 
 
 Katun 
 
 Colfax 
 
 A. C. A'oorhees. 
 C Wm, Breeden, 'TO. 
 
 / .Sec Card m Appendix, page xvii. 
 
 ^ t W. B. Sloan. * 
 
 2,000 
 
 Santa Fe 
 
 Santa Fe 
 
 6,090 
 
 
 
 
 
 
 See Card in Appendix,page xiv. 
 
 
 Silver City 
 
 Grant 
 
 <i ARTHUR H. IIARLLEE. 
 
 '( \ John M. Ginn. 
 
 2,500 
 
 Socorro 
 
 Socorro 
 
 John D. Brooks. 
 
 4,047 
 
 Springer 
 
 Colfax 
 
 M. W. Mill.s. 
 
 700 
 
 Taos 
 
 Taos 
 
 S. Valdez. 
 
 3.500 
 
 Tierre Amarilla 
 
 Rio Aniba 
 
 Alex. Reafl. 
 
 1.000 
 
 West Las ^'L■<ifas 
 
 San Miguel 
 
 E. X. ROUQUILLO. 
 
 —
 
 586 
 
 NEW MEXICO TERRITORY. 
 
 BANKS IN NEW MEXICO TERRITORY. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital of one 
 bank in each county of this territory in whicli such a banking institution is located. 
 
 PLACE. NAME OF BANK. 
 
 Albuquerque Albuquerque National Bank 
 
 '• First National Bank 
 Deming " " " 
 
 Georgetown Payne, Washington & Co 
 
 Kingston Percha Bank 
 
 Las Cruces Geo D Bowman & Sons 
 
 Las Vegas City Bank 
 
 '* First National Bank 
 
 " San Miguel National Bank 
 
 Raton Raton Bank 
 
 " Marcy, Geer & McCain 
 
 Santa Fe First Nat. B'k of Santa Fe 
 
 " Second Nat Bk of N Mexico 
 
 Silver City Meredith & Ailman 
 
 Socorro First National Bank 
 
 " Socorro County Bank 
 
 " Browne, Manzanares & Co 
 
 Springer SpringerMrct'l and B'k'g Co 
 
 Taos Taos County Bank 
 
 
 PAID UP 
 
 CASHIER. 
 
 CAPITAL. 
 
 W. S. Strickler. 
 
 $100,000 
 
 M. W. Flournoy, Ass't 
 
 . 100,000 
 
 F. H. Siebold. 
 
 50,000 
 
 R. B. Washington, Jr. 
 
 
 N. C. Raff. 
 
 30,000 
 
 A. A. Keen. 
 
 50,000 
 
 J. S. Raynolds. 
 
 100,000 
 
 D. T. Hoskins. 
 
 100,000 
 
 (Chappell&Oflacer.) 
 
 
 R. J. Palen. 
 
 150,000 
 
 W. G. Simmons. 
 
 150,000 
 
 G. D. Goldman. 
 
 
 J. W. Terry. 
 
 50,000 
 
 W. D. Burlingame. 
 
 30,000 
 
 M. W. Browne. 
 
 30,000 
 
 D. A. Clouthier. 
 
 105,000 
 
 .Juan Santistevan. 
 
 30,000 
 
 i
 
 STATE OF 
 
 NEW YORK. 
 
 SUMMARY OF 
 
 CoLLKCTioN Laws. 
 
 Court Calendar, Instructions for taking Depositions, Legal Forms, Etc, 
 
 Expressly Prepared and Revised to Nov. 1st, 1887, for " Showers' 
 
 Legal Directory and Merchants' Guide," for 1888. by 
 
 Halbert & Millard, of the New York City Bar. 
 
 (Note.— C. C. P. used for Code of Civil Procedure ; the references are to sections. 
 R. S. used for Revised Satutes ; references to the page.) 
 
 Acknowledgments. — Must be made within the state, before a judge of a 
 court of record withiu its jurisdiction, county judge, surrogate, notary pub- 
 lic, justice of the peace, mayor, recorder, commissioner of deeds, (married 
 women acknowledge the same as a femme sole). If made without the state 
 and within the United States by justices of the United States supreme court, 
 judges or justices of the supreme, superior or circuit court of any state or 
 territory within the United States, by the mayor of any city and New York 
 commissioners. When made by any person residing out of the state and 
 within any other state or territory before any officer of such state or terri- 
 tory authorized by the laws thereof to take acknowledgments. If the party 
 to such conveyance be or reside within the United Kingdom of Great Britain 
 and Ireland, or the dominions thereunto belonging, the same may be ac- 
 knowledged or proved before the mayor or provost, or chief magistrate of 
 any city or town, or any United States consul residing in said kingdom or 
 dominions. (Laws of 1883, ch. 80.) In foreign countries, generally, by 
 United States consuls, vice consuls and New York commissioners. 
 
 Form of Acknowledgment of one or more Grantors. 
 
 State op New York, ) 
 County op \ ' 
 
 On this day of 18 — , before me personally appeared (name of 
 
 grantor) to me known and known to me to be the individual (or individuals) 
 described in and who executed the foregoing instrument, and he or they sev- 
 erally acknowledged to me that he, or they, executed the same for the pur- 
 poses therein mentioned. 
 
 Form of Proof of Account. 
 
 State op ■) 
 
 County of . j ' 
 
 Richard Roe being duly sworn, deposes and says that he is , of the 
 
 firm of , doing business in and state aforesaid, that the annexed 
 
 statement of the account of , lately (or) doing business at , in the 
 
 [N. Y. 1.1
 
 588 NEW YORK. 
 
 state of , is just, true and correct ; that said account remains due and 
 
 unpaid, that thei"e is now due the sum of dollars, that no part 
 
 thereof has been paid or satistied, and that said sum is now due, exclusive of 
 any payment, and tliat there ai'e ni» off-sets or counter claims against said 
 account to the knowledge or belief of dei)onent. 
 
 ( t^iyii (1 1 lire of deponen (. ) 
 
 Sworn to before me this day of , ly — . 
 
 {Sigtuitarc ami title of officer.) 
 
 Actions. — Civil actions arc commenced by summons, which must be per- 
 sonally served on the defendant, or against a resident, who cannot be found 
 by substituted service ; or may be served by publication, where the defen- 
 dant is a foreign corporation ; or a non-i'esident of the state ; or when the 
 defendant, being a resident of the state, has departed therefrom with intent 
 to defraud his creditors ; or to avoid the service of a summons ; or keeps 
 liimself concealed with like intent ; also, where the action is to annul a mar- 
 riage ; or for a divorce or separation; or when the action is to exclude or 
 enforce or affect the lien, interest or title of either party to property within 
 tlie state ; also in certain other cases specified in the code of civil procedure. 
 When an order for the publication of the summons has been granted, per- 
 sonal service without the state may be made in lieu of publication. Non- 
 resident plaintiffs may be required to give security for costs in the sum of 
 $3.")0. 
 
 Administration. — Administrators must give bcmds ; executors need not, 
 except foreign, or when requii'ed by the will or the surrogate. Ancillary or 
 letters testamentary mav be granted by the surrogate upon wills of non-resi- 
 dent decedents. C. C. P. 2695, 2696. 
 
 Af&davits. — Within the state may be taken before a judge, clerk, dejjuty 
 clerk, or special deputy clerk of a court, mayor, justice of the peace, notary 
 public, surrogate, special county judge, special surrogate, county clerk, 
 deputy county clerk, special deputy county clerk, or commissioner of deeds, 
 within the district in which the officer is authorized to act. Without the 
 .state, before an officer authorized by the laws of the state to take and certify 
 acknowledgments and i>roof of deeds, which must be accompanied with the 
 like certificate to entitle a deed acknowledged before him to be recorded 
 within the state. C. C. P. 844. 
 
 Aliens. — An alien upon filing and recording in the office of the secretary 
 of state a deposition or aflirmation in writing, declaring that he is a resident 
 of and intends always to reside in the United States, and to become a citizen 
 thereof as soon as he can be naturalized, may take and hold lands and real 
 estate to himself, his heirs and assigns forever. R. S. 2164—2173. 
 
 Appeals. — {l^ee CourtH.) 
 
 Arrest. — A defendant may be arrested in a civil action ; where it is 
 bnniglit to recover a fine or i)enalty ; damages for a jjersonal injury ; an in- 
 jury to property, including the conversion of personal i)roperty ; breach of a 
 promise to marry ; misccmduct or neglect in office, or in a i)rofessional em- 
 ])loyment; fraud or deceit ; ov to recover a chattel concealed, removed or 
 disposed of, so that it cannot be found or taken by the sheriff* or to recover 
 money received, or ])i'operty, or damages I'or the coirversion or misajjplica- 
 tion of propei'ty embezzled or fraudulently misapplied by a i)ublic ofiieei', 
 attorney, officer or agent of a corporation ; or by a factor, agent, broker, or 
 other person in a fiduciary cai)acity ; also in an action upon contract, where 
 the defendant was guilty of fraud in contracting the liability, or has re- 
 moved, t)r disposed of his property, or is about to do so, with intent to 
 IN. Y. 2.1
 
 NEW YORK. 589 
 
 defraud his creditors. Defendant may also be arrested -where the judgment 
 demanded requires the perfonnance of an act, the neglect or refusal to per- 
 form which would be punishable by the court as a contempt, and defendant 
 is a non-resident of the state, or is about to depart therefrom. A woman 
 can be arrested only in the case last specified, or for a wilful injury to per- 
 son, character or pri)perty. 
 
 No person can be actuall}^ imprisoned for a longer T)eriod than three 
 months under an execution against the person to enforce the recovery of less 
 than ^oOO, or under a commitment for contempt of court in the non-payment 
 of alimony or counsel fees in a divorce case, when the amount to be paid is 
 less than that sum, and where in either of these cases the amount is $500 or 
 over, for a period not longer than six months. 
 
 Assignments. — An insolvent debtor upon petition to a county court, or in 
 the city of New York, to the court of comnion pleas, accompanied with the 
 written consent of at least two-thirds in amount of all his creditors in the 
 United States, and upon the assignment of all of his property to an assignee, 
 for the benefit of his creditors may be discharged from his debts owing to 
 creditors in this state, and such other creditors as consent to the discharge or 
 appeal in the proceedings or receive a dividend from the assignee. 
 
 A debtor may assign or convey all his property to an assignee for the bene- 
 fit of his creditors by an instrument in writing, which must be recorded in 
 the clerk's office of the county, where such debtor resides or carries on busi- 
 ness, within twenty days thereafter an inventory or schedule must be deliv- 
 ered to the judge of the county court where the assignment is recorded, giv- 
 ing a full and true account of all the ci'editors of such debtor, their resi- 
 dences, the sum owing each, with the consideration therefor, together with 
 all the debtor's estate, both real and personal, with the incumbrances thereon 
 and all vouchers and securities relating thereto, the nominal and actual value 
 thereof, all of which shall be verified by the debtor's affidavit. In these 
 voluntary assignments, preferences may be made, and in the distribution of 
 assets the wages or salaries due employees at the time of the assignment 
 shall be pi'cferred before any other debt. 
 
 In case the assets are not sufficient to pay these wages or salaries in full, 
 they shall be applied to the payment of the same pro rata to the amount of 
 each such claim. Any preferences, except wages, shall not be valid, except 
 to the amount of one-third in value of the assigned estate, left after the pay- 
 ment of such wages and the costs and expenses of executing such trust, and 
 should said one-third be insufficient to pay in full such preferred claims, then 
 said assets shall be applied to the payment of the same pro rata to the 
 amount of each said preferred claims. 
 
 The assignee must give a bond for the faithful performance of his duties. 
 Such assignments do not discharge the debtor IVom liability. 
 
 The assignee may be cited by a creditor to account after one year. 
 
 Attachments. — 3Iay be issued in actions on contract, except contract to 
 marry, for conversion of personal property, for any other injury to personal 
 property, in consequence of negligence, fraud or otherwrongful act, or where 
 the defendant is a foreign corporation, a non-resident of the state, or if a re- 
 sident, that he has dei»arted therefrom with intent to defraud his creditors, or 
 if a resident, that he has departed therefrom with intent to defraud his cre- 
 ditors, or to avoid the service of a summons, or keeps himself concealed 
 with like intent, or has removed or is about to remove his ])roperty from the 
 state, or has assigned, disposed of, or secreted, or is about to do so, property 
 with intent to defraud his creditors. It may be issued with the sumuKms or 
 at any time before final judgment. An undertaking must be given, in not 
 less than $250, as security for costs and damages in the action. 
 
 Banks and Bankers. — State banks maybe organized under general laws. 
 Stockholders aic liaVde to the creditors <^f the bank to the amount of the 
 face value of their stock. 
 
 [N.Y..S.]
 
 590 NEW YORK. 
 
 Bills of Exchange and Promissory "Notes.— (See Notes and Bills' of 
 Exchange.) 
 
 Bills of Lading. — No warehouse receipt can be issued for any merchan- 
 dise or property, unless the property shall be on the premises or under the 
 control of the warehouseman issuing receipt, nor for money loaned, unless 
 property is in his possession, nor a second receipt on property while a former 
 one shall be outstanding, unless the word duplicate shall be written in ink 
 across the same. 
 
 Chattel Mortgages. — Except where the possession of the property mort- 
 gaged passes to, and is retained by the mortgagee, must be filed forthwith, 
 or are void as against creditors and innocent purchasers. Such mortgage 
 ceases to be valid in one year, except as to the mortgagor or his representa- 
 tives, unless a copy thereof is refiled annually with a certificate of the mort- 
 gagee as to the amount unpaid thereon, and this copy, mortgage and certifi- 
 cate constitutes a renewal of the mortgage for one year. 
 
 Form of Affidavit and Acknowledgment to Chattel Mortgages. 
 
 State of New York, i> 
 County of , S ' 
 
 , being duly sworn, on oath says that , the legal and absolute 
 
 owner of the personal property above described, and that the same is free 
 from all claims and liens whatsoever. 
 
 (Signature of affiant.) 
 
 Subscribed and sworn to before me this day of , A. D. 18 — . 
 
 [seal,] (Signature of officer.) 
 
 State of New Yokk, ) 
 City of . S ' 
 
 Be it remembered, That on this day of , A. D. 18 — , before the 
 
 undersigned, a within and for the city of and state of , per- 
 sonally came , who personally known to me to be the same person 
 
 whose name subscribed to the foregoing instrument of writing as part — 
 
 thereto, and acknowledged the same to be voluntary act and deed for 
 
 the use and purposes therein mentioned. 
 
 In testimony whereof, I have hereunto set my hand and affixed my official 
 seal, at my office, in , the day and year first above written. 
 
 [seal,] (Signature and title of officer.) 
 
 Claims against Decedents' Estates. — Claims should be verified and 
 filed with the administrator or executor, or legal representative. If not 
 allowed, a reference may be stipulated or an action brought. 
 
 Conditional Sales of Personal Property. — Contracts for conditional sales 
 of goods and chattels, are absolutely void as against subsequent purchasers 
 and mortgagees in good faith, unless the same, or a true copy thereof shall 
 be filed the same as chattel mortgages. This act does not apply to house- 
 hold goods, pianos, organs or scales and certain other articles, provided the 
 contract for the sale of the same shall be executed in duplicate and a dujili- 
 cate given to the purchaser. Laws of 1885, ch. 488 ; 188G, ch. 495. 
 
 Corporations. — May be, and usually are, formed under general laws, 
 upon making and filing a certificate expressive of their purpose and organi- 
 zation. The capital stock may be paid for in money or property purchased 
 
 rN. Y. 4.1
 
 NEW YORK. 591 
 
 , for the use of the company, iu good faith. Stockholders are individually 
 liable to the amount of their unpaid stock. 
 
 Costs. — (See Actions.) 
 
 Courts. — Terms and Jurisdiction of: 
 
 Justice Courts in each town where the amount does not exceed 6200 ; dis- 
 trict courts in the city of New York, $250 ; county courts iu each county, 
 ■63,000, besides having jurisdiction over assignments and the enforcing of 
 liens. 
 
 Surrogate's Court has jurisdiction over probatmg of wills, granting letters 
 testamentary and of administration, the appointment of guardians, and in 
 general in matters pertaining to the estates of decedents. 
 
 A Supreme Court of unlimited jurisdiction in law and equity, holding cir- 
 cuits and special terms iu each county; also a general term in each of the 
 five judicial departments. In the city of New York, the city court of New 
 York with jurisdiction to the amount of $2,000. 
 
 Tlie Court of Common Pleas and the Superior Court, which have the same 
 jurisdiction as the supreme court over matters arising in said city and when 
 defendant is served therein. 
 
 The Court of Appeals, to which appeals maybe taken from final judgments 
 rendered by the general terms in matters of law involving $500. Appeals 
 are also taken from the circuits, special terms and surrogate's court to the 
 general terms. There are also certain special courts in different cities, such 
 as the city court of Brooklyn, the superior court of Buffalo. 
 
 Court Calendar.— 
 
 UNITED STATES COURTS. 
 
 CIRCUIT COURTS. 
 
 Associate Justice Supreme Court, assigned to the Second Circuit, Samuel Blatch- 
 ford, New York ; Judges, William J. Wallace, Syracuse, E. Henry Lacombe, New 
 "iork. 
 
 Northern District.— Clerk , William S. Doolittlc, Utica. 
 
 Terms.— At Albany 3d Tuesday January ; at Canandaigua 3d Tuesday June : at 
 Syracuse 3d Tuesday November. 
 
 ^Southern District. — Clerk, Timothy Griffith, New York. 
 
 Terms.— AX New York City last Monday February, 1st Monday April, 3d Monday 
 October. 
 
 Efustern District.— Clerk, Benjamin L. Benedict, Brooklyn. 
 
 2'erms.—At Brooklyn 1st Wednesday of each month. 
 
 DISTRICT COURTS. 
 
 Northern District.— Judge, Alfred C. Coxe, Utica; District Attorney/, Daniel N- 
 Lockwood, Buffalo; AssistniU District Attorneys, Samuel M.Welch, .Jr., William B- 
 Hoyt, BuflTalo ; Marshal, Walter H. Bunn, Cooperstown ; Clerk, Charles B. GermaiU' 
 Buffalo. 
 
 Terms.— A% Albany 3d Tuesday January; at Utica 3d Tuesday March; at Roches- 
 ter 2d Tuesday May; at Buffalo 3d Tuesday September; at Auburn 3d Tuesday 
 November. 
 
 Southern District.— .Tudr/e, Addison Brown, of New York; District Attorneu, 
 Stephen A. Walker, New York; Marshal, Martin T. McMahon, New York; Clerk, 
 Samuel H. Lyman, New York. 
 
 Terms.— At New York City 1st Tuesday of each month. 
 
 Eastern District.— Judge, Charl&i 1^. Benedict, Brooklvn; District Attornei/. Mark 
 D. Wilber, Brooklyn; Marshal, Augustus C. Tate; Clerk, Benjamin L. Benedict. 
 
 Terms.— Al Brooklyn 1st Wednesday of each month. 
 
 COURT OF APPEALS. 
 
 Chief jMdr/e, William C. Ruger, Syracuse; Associate Judges, Charles A. Rapallo, 
 New York; Charles Andrews, Syracuse; Robert Earl, Herkimer; George F. Dan- 
 forth, Rochester; Francis M. Finch, Ithaca; Rufus W. Peckham, Albany; Clerk, 
 Edwin O. Perrin, Albany. 
 
 The Court sits at Albany, and holds one term each year. 
 
 IN. Y. 5.]
 
 592 
 
 NEW YORK. 
 
 SUPREME COURT. 
 The times and places for holding special terms of the Supreme Court and terms 
 of the Circuit Courts and Courts of Oyer and Terminer for 1888 are as follows: 
 
 County, 
 Albany . , . 
 
 Where held. 
 Albany 
 
 J>isL 
 3 
 
 Allegany.. . . 
 
 • Belmont • • • f 
 
 8 
 
 Broome 
 
 . Bingham ton. . . 
 
 6 
 
 Cattaraugus . 
 
 . Little Valley.. . 
 
 8 
 
 Cayuga 
 
 . Auburn 
 
 7 
 
 Chautauqua . 
 
 . Mayville 
 
 8 
 
 Chemung . . . 
 
 . Elmira 
 
 6 
 
 Chenango. . . 
 
 . Norwich .... 
 
 6 
 
 Clinton . . . , 
 
 , Plattsburgh . . 
 
 4 
 
 Columbia . . . 
 Cortland . , . 
 
 . Hudson 
 
 . Cortland .... 
 
 3 
 6 
 
 Delaware.. . . 
 
 .Delhi 
 
 6 
 
 Dutches. . . . 
 
 . Poughkeepsie . 
 
 2 
 
 Erie 
 
 . Buffalo 
 
 8 
 
 Essex 
 
 Franklin . . 
 
 . . Elizabethtown.. 
 . . Malone 
 
 4 
 4 
 
 Fulton 
 
 Johnstown . . . 
 
 4 
 
 (ienesee. . . 
 Greene . . . 
 
 . . Batavia 
 
 . . Catskill .... 
 
 S 
 3 
 
 Herkimer. . 
 
 . . Herkimer. . . . 
 
 .5 
 
 Jefferson. . . 
 
 . . Watertown. . . 
 
 5 
 
 Kings Brooklyn.. 
 
 Lewis 
 
 . Lowville . . . 
 
 . 5 
 
 Livingston.. . 
 
 . Geneseo 
 
 7 
 
 MadiSon . . . 
 
 . MorrJsville.. . 
 
 . 6 
 
 Monroe 
 
 . Rochester. . . 
 
 . 7 
 
 Montgomery.. 
 
 . Fijiula 
 
 7 
 
 IN. Y. C] 
 
 
 
 When held. 
 
 2d Mon. Jan., 1st Mon., jNIarch, May, Oct., Dec. ; 
 special term for equity cases and ca.ses with- 
 out jury 2d Mon. June ; for motions and argu- 
 ment of demurrers, only in cases triable in this 
 district,2d Mon, every month, except July and 
 August; special terms for hearing motions 
 only, last Tues. of each month. 
 
 Alternately, commencing at Angelica, 1st Mon. 
 Jan., 2d Mon. June, 3d Mon. Oct., special term 
 1st Mon. September. 
 
 4th Mon. Feb., 2d Mon. May, 5th Mon. Nov., 
 special term 3d Tues, Jan., special term for 
 motions and demurrers 1st Tues. July, 4th 
 Tues. October. 
 
 3d Mon. Feb., May, 1st Mon. Sept., special term 
 4th Mon. June. 
 
 1st Mon. Jan., May, Oct., special term for trial of 
 equity cases 1st Mon. April, 2d Mon. Sept. 
 
 1st Mon. Jan., 2d Mon. Alay, 3d Mon. Sept., 
 special terra 3d Mon. June. 
 
 1st Mon. Jan., 1st Mon. April, 2d Mon. October, 
 special term 3d Tues. Feb., special term for 
 motions and argument of demurrers 4th Tues. 
 March. 
 
 1st Mon. May, 2d Mon. Sept., special term 3d 
 Tues. December. 
 
 2d Mon. April, 3d Mon. Nov., special term (addi- 
 tional) 2d Tues. Jan., July. 
 
 3d Mon. Jan., 2d Mon. April, 3d Mon. October. 
 
 1st Mon. Feb,, 2d Mon. June, Nov., special term 
 3d Tues. April. 
 
 3d Mon. Feb., 1st Mon. June, 4th Mon. Sept., 
 special term 2d Tues. April, 1st Tues. Sept. 
 
 2d Mon. March, June, 1st Mon. Oct., Dec, special 
 term (additional for all special term business) 
 every Saturday. 
 
 1st Mon. Feb., April, 4th ]Mon. Sept. , Nov., special 
 term 1st Mon. Jan., April, July, 2d Mon. Sept., 
 special term for non-enumerated motions 
 every day except Saturday, and except from 
 July 20 to September 20. 
 
 1st Mon. June, 2d Mon. December. 
 
 2d Mon. Mar., 3d Mon. Sept., special term (addi- 
 tional) 1st Tues. May, December. 
 
 od Mon. Feb., June, Oct, 
 
 2d Mon. Mar., Nov., 3d Mon. June. 
 
 3d Mon. February, 1st Mon. May, 2d Mon. Dec, 
 special terms for motions and argument of 
 demuri'ers only in cases triable in this district 
 od Saturday every month, except July. Aug. 
 
 2d Mon. April, Nov., special term last Tuesday 
 June, 2d Tues. December. 
 
 Last Mon. March, 2d jNIon. Sept., 1st Mon. Dec, 
 special term 1st Tues. JMarch, 3d Tues. June, 
 2a Tues. Nov., special term for motions 2d Sat. 
 Feb., April, June, October, December, last Sat. 
 May. 
 
 Circuit, Oyer and Terminer 1st Mon. January, 
 March, Oct., 3il Mon. May, 2d Mon. November, 
 special terin(all special term business) 1st Mon. 
 every month, except July, Aug., Sept., special 
 term (additional for non-enumerated motions 
 only) every Mon. July, Aug., Sept. 
 
 Last Mon. Jlay.^d Mon. Oct., special term last 
 Tues. April, 3a Tues. Nov. 
 
 1st Mon. Feb., May, 2d Mon. Nov., special term 
 for trial of equity cases 2d Mon. June, 3d Mon. 
 December. 
 
 4tli Mon. Jan., April, od Mon. Sept., special term 
 3d Tues. Novem bor. 
 
 2d Mon. Fel).,3d Mon. May, 4th Mon. Oct., special 
 term for motions and demurrers and ex darle 
 application 4th Tues. each month. 
 
 1st Mon. Jan., Mar., June, Oct., special term for 
 trial of equity cases 1st Mon. Fel)., April, Dec.
 
 NEW YORK. 
 
 593 
 
 OourUii. 
 New York . 
 
 Where held. 
 New York City. 
 
 Niagara . . 
 
 . . Ivockport 
 
 Oneida . . . 
 
 . . Rome 
 
 
 Utica 
 
 Ooondaga . 
 
 . . Syracuse 
 
 Ontario 
 
 . Canandaigua . 
 
 7 
 
 Orange 
 
 . Goshen 
 
 JNowburgh . . . 
 
 2 
 
 Orleans 
 
 Oewego .... 
 
 . Albion 
 
 . Oswego 
 
 8 
 5 
 
 Otsego .... 
 
 Pulaski 
 
 . Coopei stown.. . 
 
 G 
 
 Putnam . . . 
 Queens 
 
 . Carmel 
 
 . Jamaica .... 
 
 •2 
 2 
 
 Kensselaer . . 
 
 . Troy 
 
 3 
 
 Richmond . . 
 Rockland . . 
 St. Lawrence . 
 Saratoga . . . 
 Schenectady . 
 Schoharie. . . 
 Schuyler . . . 
 Seneca .... 
 
 . Richmond . . . 
 . Clarkstown . . 
 
 . Canton 
 
 . Ballston .... 
 . Schenectady. . . 
 . Schoharie . . . 
 
 . Watkin 
 
 . Waterloo 
 
 Ovid 
 
 2 
 2 
 4 
 4 
 4 
 3 
 6 
 7 
 
 Steuben. . . . 
 
 . Bath 
 
 Corning .... 
 
 7 
 
 Suffolk 
 
 . Riverhead. . . . 
 
 2 
 
 Sullivan . . . 
 Tioga, 
 
 . Monticello . . . 
 . Owego 
 
 6 
 
 Tompkins . . 
 
 . Ithaca. 
 
 6 
 
 Ulster 
 
 . Kingston 
 
 3 
 
 Warren .... 
 Washington . 
 
 Wayne 
 
 . Caldwell .... 
 
 . Salem 
 
 Sandy Hill.. . . 
 
 4 
 
 4 
 
 7 
 
 Westchester . 
 
 . White Plains. . 
 
 
 Wyoming . . 
 Yates 
 
 . Warsaw 
 
 . Penn Yan. . . . 
 
 S 
 7 
 
 ZHst. JThen held. 
 
 1 Circuitandspecialterm for cninin rattd motions 
 ist Mon. cacli uioutli, I'X'.tpi .j uly, -Vug., Sep., 
 special term for non-Oil iiiiii'i all (1 motions, 1st 
 and ;id Mon. each nionili, i). A: T. I'Cb., April, 
 June, Nov. 
 8 ist Mon. Keb., Sept., lid Moii. April, special term 
 
 2d Mon. Nov. 
 5 od Mon. March, 2d Mon. Nov., special term 2d 
 
 Tues. June. 
 5 3d Mon. Jan., 2d Mon. May, 4th Tues. Oct., special 
 term 1st Tues. Jan., special term for motions 
 8d Sat. each montli, except July, August. 
 5 2d Mon..Tan.,Marcli, -Ith Mon. May, Sept., special 
 term 2d Tues. Feb., 1st Tues. May, iJcc, special 
 terra for motions IsiSat. cacli month, except 
 
 ■ August and 4th Sat. etich mouth, except July, 
 I'eceniber. 
 
 2d Mon. Kcl)., May, Nov., special term for trial of 
 equity cases 3d Mon. March, September. 
 
 3d Mon. January, June. 
 
 2d Mon. April, Nov., speciiU term (additional 
 for all special tcrnj business) at Nowburgli 1st 
 and 3d Sat. every month, e.xcepl August. 
 
 1st Mon. Feb., Oct., last Mon. Mav. 
 
 2d Mon. Jan., 1st Mon. Oct., special term 3d 
 Tues. Feb., 1st Tues. July, 4th Tues. Nov., 
 special term for motions 2d Sat. Jan., March, 
 May, Sept., Nov., last Sat. Oct. 
 
 1st Mon. June. 
 
 2d Mon. Jan., yth Mon. Mav, special term .3d 
 Tues. May. 
 
 4th Mon. June, .Sd Mon. Oct. 
 
 Circuit, Oyer and Terminer, 1st Mon. Jan., Oct., 
 3d Mon, April, June, special term (additional 
 for all special term business) .3d Mon. Feb., 1st 
 Mon. Sept , 4th Mon. Nov. 
 
 2d Mon. Feb., Ist Mon. May, 4th Mon. Sept., 2d 
 Mon. Nov., special term for motions and argu- 
 ment of demurrers, only in case triable in this 
 district, Jst Mon. every month, except August. 
 
 1st Mon. May, 4th Mon. September. 
 
 1st Mon. :May, 4tli Mon. Se})tember. 
 
 2d Mon. Jan., 1st Mon. ]May, 2d ISion. October. 
 
 3d Mon. Jan., 2d Mon. June, 1st Mon. October. 
 
 3d Mon. April, 2d Mon. November. 
 
 2d Mon. Jan., 8(1 Mon. A])ril, 2d Mon. October. 
 
 2d Mon. IMar., Dec, .special term 41 h Tups. Juno. 
 
 1st Mon. :March, special term for trial of equitv 
 c^ses 1st jNIon. April. 
 
 1st Mon. Sept., special term for trial of equitv 
 cases 3d Mon. October. 
 
 1st Mon. Jan., 2d Mon. Sept., special term for 
 trial of equity cases 4th Mon. March. 
 
 2d Mon, April, Nov., sjiecial tc^nn for trial of 
 equity cases 3d Mon. October. 
 
 3d Mon. Fell., ist Mon. May, 4th Mon. Oct., no 
 Oyer and Terminer in February. 
 
 4th Mon, Ma.v, Sept., 2d Mon. Dec. 
 
 3d Mon. ]March, 4th Mon. Nov., special term 1st 
 Tues. October. 
 
 2d Mon. .March, 3d Mon. Oct., special term 1st 
 Tues. liecember. 
 
 2d Mon. Feb., April, June, 3d Mon. Nov., special 
 term for motions and arffument of demurrers, 
 only in cases triable in this district, 2d Satur- 
 day every month, excei)t August, 
 
 3d Mon. March, September. 
 
 4th Mon. January, October. 
 
 3d Mon. Miiy. 
 
 3d Mon. Feb.. Nov., 1st Mon. June, special terms 
 for trial of equity cases 4(h Mon, Jan., 3d Mon. 
 September. 
 
 1st Mon. March, June, 2d Mon. Oct., .3d Mon. 
 Dec, special terms (additional for special term 
 business) every Sat., excejit in August. 
 
 Last Mon. April, 2d Mon. Sept., 1st Mon. Dec. 
 
 3d Mon. May, 1st Mon. De<-., special terms for 
 trial of equity cases, 3d Mon. March, 1st Mon. 
 September. 
 
 [N. Y. 7.1
 
 594 NEW YORK. 
 
 Note. — Special terms, additional to tliose expressly mentioned above, are held at 
 the same times and places as Circuit Courts. 
 
 THE SUPEPIOR COURT OF THE CITY OF NEW YORK. 
 
 General Termx. — 1st Monday February, April, June, December. 
 {Special and Trial. Terms.— ls,t Monday each month, except July, August, Sep- 
 tember. 
 
 THE COURT OF COMMON PLEAS FOR THE CITY AND COUNTY OF NEW YORK. 
 
 General Terms —\%t Monday January, March, May, November. For hearing 
 appeals irom District Courts February 24th, April, 21st, June 23d, October 27th, 
 December 22d. 
 
 Special and Trial Tirvm.s-.— 1st Monday each month, except July, August, September 
 
 THE CITY COURT OF NEW YORK. 
 
 General Terms. — Held every month, except June, July, August. 
 
 Special and Ti-ial Terms. — 1st Monday each month, except .luly and August. 
 
 Ihe District Courts in the City of New York are always open. 
 
 Curtesy. — The husband still has the common law right of" curtesy in the 
 real estate left by his wile vtndevised. 
 
 Deeds, — Conveying real estate mtist be sealed, acknowledged and recorded 
 in the register's or county clerk's office in the county within which the land is 
 situated. Tliey may be with or without covenants. — {See Acknowledgments.) 
 
 Descent and Distribution of Decedents' Estates. — The real estate of 
 an intestate descends : 1. To lineal descendants. 2. To father. 3. To mother. 
 4. To collateral relatives. Lineal descendants in a direct line and of equal 
 degrees of ccmsanguinity take equal shares. 
 
 Personal Estate. — After payment of debts, one third to the widow, the 
 residue in equal proportion among the children. R. S. p. 2303. 
 
 Depositions- — See following forms, cio. : 
 
 Forms and Instructions for taking Depositions. 
 
 INSTRUCTIONS FOR TAKING DEPOSITIONS. 
 
 Depositions taken without the state, for use within the state, are granted 
 upon affidavit in a proper case, and upon notice to the adverse party, if he 
 has appeared in the action. The names of the witnesses are inserted in the 
 commission, and the interrogatories (.settled by consent of the parties, or by 
 order of the judge) are annexed to the commission. The commission may 
 issue to any competent person or persons, generally to attorneys. Where an 
 issue of fact joined lit an action is pending in the supreme court, a stxperior 
 city court, the marine court of New York City, or a county couil, the parties 
 may, by written stipulation, or upon the direction [discretionary] of the court 
 of judge, obtain the issuance of a commission without written interrogatories, 
 and the deposition be taken upon oral questions, or partly upon oral ques- 
 tions and written interrogatories, or that an open commission issue. In either 
 of the last named cases written notice of the time and place of examination 
 must be given to attorney of adverse party at least five judicial days before 
 iiepositit)n is taken, and one judicial day in addition for each fifty miles, by 
 usual route of travel, between residence of such attorney and place of taking 
 deposition. Either party may, on the examination, produce such witnesses 
 as he deems proper, whose testimony is taken upon oral questions. In either 
 of last named cases the applicant can not be examined in his own behalf, ex- 
 fei>t tipon consent of the ])ai-ties. (L. 1870, chap. 542, page Gil.) Korean 
 cither of those methods be applied when the adverse party is an infant, or 
 flic c(mnnittee of a lunatic, idiot or habittial drunkard, or where the testi- 
 mony is to be taken elsewhere than in the United States or Canada. C, of 
 C. P., §887, etseq. 
 
 |N. Y. S.]
 
 N]':\V YOllK. .595 
 
 . plaintiff, i 
 
 r«. In court, county of , state of . 
 
 , dclondant. ) 
 
 Deposition — of -witness produced, sworn (or affirmed) and examined on 
 
 the day of , in the year of our Lord 18 — , between the hours of 
 
 o'clock in the forenoon and ■ o'clock in the afternoon of that day, at , 
 
 in tlie coimty of and state of , before me (name and title of officer), 
 
 under and by virtue of a commission issued out of the ccmrt, in the 
 
 county of . in the state of , in a certain cause therein pending and at 
 
 issue between . i>laintift" — , and , defendant — . 
 
 Present, . Esq., on behalf of the plaintift' — , and . Esc^., on behalf 
 
 of the defendant — . 
 
 C. D. of county of , state of . of lawful age a witness, a wit- 
 ness produced on the part of (plaintiff or defendant), being duly swoni 
 
 (or aflirmed) to testify the truth, the whole truth, and nothing but the truth, 
 deposes and says as follows : 
 
 First. To the first interrogatory he answereth as follows : (Here insert 
 answer, and so continue with the remaining interrogatories and also cross- 
 interrogatories. ) 
 
 certificatk to depositioxs. 
 
 State of Xkw Yokk. } 
 County of . <, ' *" 
 
 I, , do hereby certify that , tlie witness (or witnesses), personally 
 
 came before me on the day of , 18 — , at o'clock in the 
 
 noon- , at , in the county of , state of , who after being by 
 
 me duly sworn (or affirmed) to testify the truth, the whole truth and noth- 
 ing but the truth, of knowledge touching the matter in controversy 
 
 aforesaid, did depose to the matters contained in tlie foregoing deposition, 
 that the testimony was reduced to writing by me (or in my presence by a 
 disinterested person, a.s the case maybe), and that the witness did, in my 
 presence, subscribe the same, and indorsed the exhibits annexed thereto. 
 
 I further certify that I liave subscribed my name to each half sheet of said 
 
 depositions and to each exhibit thereof, and that appeared on behalf of 
 
 the plaintiff, and that ai^i^eared on behalf of defendant. 
 
 In teMimonji vltereof. I have hereunto set my hand and official seal , at 
 
 , in the county of and state of aforesaid, this day of -, 
 
 18—. 
 
 [l. s.] (^Sifjnature and title of officer.) 
 
 [Fees and jiostage, $ , i)ai(l by . ] 
 
 . FURTHER INSTRUCTIONS CONCERNING THE DEPOSITION. 
 
 The officer will annex, at the foot of the deposition of each witness, the 
 following certificate : 
 
 '•Subscribed and sworn to before me, on the day, at the place, and withii;i 
 the hours fir.st aforesaid."' 
 
 Exhibits must be properly authenticated by commissioner indorsing 
 thereon, by whom i)roduced, etc., tlius : 
 
 , plaintiff, i 
 
 vs. S Tn the , court of , county of . state of , 
 
 , defendant. ; No. — . 
 
 At the execution of the acoompanying commission for tlic examination of 
 witnesses in the above entitled cause this document (or paper writing) was 
 produced by on behalf of (plaintiff or defendant), an*! shown to 
 
 LX. V.!).]
 
 696 KENV YORK. 
 
 witness, and testified to by said witness on his examination under and in pur- 
 suance of said commission by . 
 
 (Signature and title of officer.) 
 
 The depositions, papers and exhibits, commission, notice and certificates 
 should be inclosed in a strong envelope, securely sealed, and direct the same 
 
 to the clerk of the court, of the county of , state of , noting oa 
 
 the envelope the style of the cause and contents, thus : 
 
 , plaintiff, ) 
 
 cs. /• Depositions for (state Avhether for defendant or plaintiff). 
 , defendant. ) 
 
 If the package is transmitted by mail, see that the proper jKist-ofhce ad- 
 dress is given thereon. 
 
 Divorce. — An absolute divorce is granted only for adultery. A limited 
 divorce for cruel and inhuman treatment, abandonment, and when wife is the 
 plaintiff for the neglect and refusal of defendant to provide for her. 
 
 Dower- — {See Married Women.) 
 
 Evidence. — Witnesses are not excluded by reason of interest in the action. 
 Parties to the action may be witnesses, also husband or wife of a party 
 thereto. Husband and wife may be witnesses for and against each other ; 
 in actions for adultery they can testify only to prove marriage or disprove 
 the allegation of adultery ; neither can be compelled to disclose confidential 
 communications made by each other during marriage. 
 
 Executions. — Against property issue at once after judgKient. If not issued 
 within five years, then by leave of court. Upon the return of an execution 
 unsatisfied, in actions where the defendant may be arrested, an execution 
 may be issued against the pers(m, on which he may be imprisoned. {See 
 Arrest.) Upon the return of an execution against the property unsatisfied, 
 supplementary proceedings may be instituted by order of the court, and the 
 defendant examined on oath concerning the property. 
 
 Executions become liens on personal property when issued to the sheriff, 
 except as against boiia fi<lc purchasers and mortgagees before levy is made. 
 
 Executors. — ( See Administration. ) 
 
 Exemptions. — By a householder a homestead to the value of $1,000, wear- 
 ing apparel, certain specified articles for family use (tools and implements of 
 mechanics to the value of $25), also necessary household furniture, working 
 tools and team, professional implements and library not exceeding in value 
 $350. Even in supplementary proceedings, the judgment debtor cannot be 
 ordered to apply upon the judgment his earnings for his personal services 
 within sixty days preceding the order, if such earnings are necessary for the 
 support of a family, wholly or i)artly supported by his labor. 
 
 Factors. — Every factor or other agent intrusted with any bill of ladiiig, 
 custom house permit or warehouse keeper's receipt, for the delivery of mer- 
 chandise ; or not having the documentary evidence of title, but intrusted 
 with the possession of any merchandise for sale or as security for any ad- 
 vances to bo made thereon' shall be deemed the true owner thereof, so as to 
 give validity to any contract made by him for the sale. 
 
 raise Pretenses. --Obtaining property under false pretenses is larceny. 
 N. y. Penal Code. t^528. A purchaser of property by means of a false pre- 
 tense is not criminal, where the false pretense relates to the purchaser's means 
 or ability to pay, unless the pretense is made in writing and signed by the 
 party to" be charged. Id. 544. As to liability in civil actions for fraud or 
 false representation see arrest. 
 [N. Y. 10.1
 
 NEW YORK. 597 
 
 Frauds, Statutes of. — Deeds of gift, conveyances, transfers or a.ssicrn- 
 ments, verbal or written, of goods, chattels or things in action, made in 
 trust for the use of persons making the same, sliall be void as against credi- 
 tors. Every agreement, which by its terms is not to be performed within 
 one year from the making thereof; every special promise to answer for the 
 <lebt, tlefault or miscarriage of another person, and every agreement, promise 
 or undertakini;- made upon consideration of marriage, except a mutual 
 ])romise to marry, sliall be void, unless such agreement or some note or 
 memorandum thereof l)e in writing and subscribed by the party to be 
 <-.harged therewith ; also every contract for the sale of any goods, chattels 
 or things in action for the price of i^oO or more, is void, unless a note or 
 memorandum of such contract be made in writing and signed by the party 
 to be charged thereby. Or unless the buyer shall accept or receive part of 
 -such goods, or the evidence, or some of tliem, of such things in action. Or 
 imless the buyer shall at the time pay some part of the purchase money. 
 
 Grace. — {See Promissory Notes.) 
 
 Homestead. — {See Exemptions.') 
 
 Insolvent Laws. — {See Assignments.) 
 
 Interest. — The legal rate of interest is six per cent. All notes, bonds, 
 contracts, securities, etc., whereby a greater rate is reserved or taken or 
 agreed for, are absolutely void, and the lender can recover neither principal 
 nor interest in such cases, but corporations can not plead usury as a defense. 
 Usury is also punishable as a misdemeanor l)y fine or imprisonment, or both. 
 ^itate banks have been placed on the same looting as national banks as re- 
 gards usury, and are thereby exempt from the extreme penalties mentioned 
 above. By chaiiter 237, laws of 1882, on demand loans of $5,000 and over, 
 made with warehouse receipts, bills of lading, certificates of stock, certifi- 
 cates of deposit, bills of exchange, bonds or other negotiable instruments, 
 pledged as collateral, it is lawful to receive and collect, as compensation for 
 making such advances, any sum, to be agreed upon in writing by the parties 
 to the transaction. 
 
 Judgments. — Judgments in the city court of New York may be entered 
 in six days after service of the summons ; in other courts of record after 
 twenty days. This is in case where no defence is interposed. Judgments of 
 $25 and upwards become liens upon real estate for ten years as soon as en- 
 tered in county clerk's office or transcript filed therein. 
 
 Justice of the Peace. — {See Courts.) 
 
 Landlord and Tenant. — A tenant may be removed by summary pro- 
 ceedings when he holds over after the expiration of his term, for default in 
 payment of rent, where the same has been demanded, or at least three days' 
 notice in writing requiring the payment of rent or the possession of the 
 premises. There is no distress for rent. 
 
 Liens. — {Sec Jadfjments and Mechanics' Liens.) 
 
 Limitations of Suits. — Contracts, express or implied, except those under 
 seal, six ycais ; recovei-y of real estate upon judgments of courts of record 
 and sealed instruments, twenty years. Revivor : Part payment or new 
 l)romi.se in writing. 
 
 Limited Partnerships. — Such partnerships may consist of one or more 
 general and one or mcne special partners ; the special partners are liable only 
 to the extent of the funds contributed by them. Any lawful business may 
 be carried on, except banking or insurance. They shall make a certificate, 
 
 (N, Y. 11.)
 
 698 NEW YORK. 
 
 containing name of firm, nature of business, names of general and special 
 partners, amount of capital contributed by each special partner, the periods 
 at which partnership begins and terminates, -vvhieii certificate must be ac- 
 knowledged and filed in the office of the clerk of the county in which the 
 principal place of business is situated, and it must also "be published. 
 Where the name of a special partner is used with his i)rivity he shall be 
 deemed a general partner. 
 
 Married Women. — May purchase, hold and convey property, real and 
 personal, contract and make wills the same as a femme sole. They have 
 dower. The husband still has the common law right of curtesy in the real 
 estate left by his wife undevised. Husband and wife may convey or transfer 
 real estate directly to each other. 
 
 Mechanics' Liens. — Mechanics' liens may be secured by filing notice in 
 county clerk's office, for services and materials furnished in the erection or 
 repairing of buildings, etc. 
 
 Minors. — Caimot convey nor devise real estate. Males of 18 and females 
 of 16 can make wills of personal property. They cannot be executors or ad- 
 ministrators. Twenty-one years is the age of majority for both sexes. Con- 
 tracts made by minors are voidable, but for necessaries they are liable. 
 
 Mortgages. — May be executed and recorded the same as deeds. If they 
 contain a power of sale they may be foreclosed by advertisement. Whether 
 they do or not contain such power of sale they may be foreclosed by action. 
 Upon a mortgage sale their is no redemption. 
 
 Notes and Bills of Exchange. — To hold the indorser, the note must be 
 duly presented for payment, i)ayment refused, and due notice sent to the in- 
 dorser. Acceptance of a bill of change must be in writing, signed by the 
 acceptor or his agent. (1 R. S. 708.) No grace is allowed on sight bills of 
 exchange and drafts. (Laws 1857, chap. 410.) 
 
 Negotiable instruments, given for the right to use or vend a patent, remain 
 subject to all tlie equities, provided the words " given for a patent right "' be 
 written on the face thereof. Negotiation of such instrument without such 
 writing upon its face, is a misdemeanor. (L. 1877, chap. 65.) 
 
 January 1, February 23, May 30, July 4, December 25, and general election 
 day, and any day appt)inted or recommended by the govenior or the presi- 
 dent as a day of thanksgiving or fasting and prayer, or other religious ob- 
 servance, are public liolidays, and are treated as Sunday with respect to pre- 
 sentation and protest of bills, notes and checks. Presentation should be 
 made on the secular or business day next preceding the holiday. 
 
 The Laws of 1887. ch. 289, materially cliange the above rules as to com- 
 mercial paper made thereafter. It adds the first j\Ionday of September 
 (labor day) as a holiday, and every Saturday, from twelve o'clock at noon 
 until twelve o'clock midnight, us a half-holiday. When any of the days de- 
 clared to be public holidays fall on Sunday, the ]\Ionday following shall be 
 a public holiday. All bills, checks and not'es otherwise presentable for ac- 
 ceptance or payment, on any of said holidays, shall be ]tresented on the 
 secular or business day next succeeding such holiday. In case of the half- 
 lioliday, shall be presentable at or before twelve o'clock noon of that day, if 
 not i>aid before that time ; demand, ])resentment and protest may be made 
 on the next succeeding secular or business day. 
 
 A subsequent ch. 401, laws of 1887, enacts that all bills of exchange and 
 promissory notes made after the passage of this act, otherwise i)resentable 
 on any half-holiday, Saturday, shall be i)ayable on the next succeeding 
 secular or business day. Tliis act in effect, though not in form, seems to do 
 away with the foregoing provision as to presentment on Saturday, except in 
 respect to checks or i)aper payable on sight or on demand. It also provides 
 IN. Y. 12.1
 
 NEW YORK. 599 
 
 that bills, checks and notes payable by their tcnns on Sunday shall be pay- 
 able on the next succeeding secular or business day. 
 
 Oaths and Affidavits. — {See Affidavits.) 
 
 Partnerships. — Xo person shall transact business in the name of a part- 
 ner not interested in his firm. The designation of, and use of, "and com- 
 pany," or "and Co." shall represent an actual partner. The violation of 
 this provision is a misdemeanor, and is a defense to an action brought by such 
 a firm. Where a firm shall have carried on business for five years or more, 
 and it shall be contiiuunl by any of its members they may use such firm 
 name by filing and jjuhlishing a certificate, declaring the person or persons 
 dealing under such fiiin name, and their place or places of abode. 
 
 Promissory Notes. — {See Notes and Bills of Exchange.) 
 
 Practice. — {See New York Code of Civil Procedure.) 
 
 Proof of Claims. — {See Forms under Acknoicledgments.) 
 
 Recording. — Deeds and mortgages of real estate must be recorded in the 
 clerk's office of the county wherein the land is situated, to secure i)rior lien 
 to subsequent deeds and mortgages recorded on the same property. 
 
 Redemption. — Real property sold by virtue of an execution may be re- 
 deemed by the judgment debtor, or his legal representatives, within one year 
 from the sale of property, and by a creditor having a judgment or a mort- 
 gage recorded within fifteen months from sale. Land sold for taxes can be 
 redeemed within two years from the sale. 
 
 Replevin. — Personal property may be replevied, at the beginning of an 
 action, by giving security in double the value of the property. 
 
 Revision. — The last complete revision or edition of the revised statutes 
 was in 1882. The code of civil procedure, with the new additional chapters, 
 went iTito effect Septend)er 1, 1880. There is also a code of criminal proced- 
 ure and a penal code, the former taking effect in September, 1881, the latter 
 n December, 1882. 
 
 Revivor. — In case of the death of a sole plaintiff or defendant, if the 
 cause of action survives or continues, the court must, ujion motion, allow or 
 compel the action to hv. continued by or against his representative or succes- 
 sor in interest. 
 
 Seal. — An iuiiitessioii upon wax or some ])liable substance. An ofiicial 
 seal may be impiessed or stam])ed on the paper. Deeds nuist be sealed. A 
 seal imparts a consideration, but is only presumptive evidence thereof. 
 
 Security for Costs and other Undertakings. — An undertaking is a form 
 of liability iised in giving security for costs on appeals and other similar 
 ])urposes, and must be acknowledged or i)roved, and certified, in like manner 
 as a deed to be recorded. — {See Actions.) 
 
 Stay of Execution. — There are no stay luws ; bvit an execution maybe 
 stayed by order of the court or by appeal with security given. 
 
 Smts.— {■'^x' Art io „.->.) 
 
 Supplementary Proceedings.— (^V^ Executions.) 
 
 Taxes. — ( See Redemption. ) 
 
 [N. Y. 13.1
 
 600 ]SEW YORK. 
 
 Trust Deeds. — Are executed and recorded like other deeds. Express 
 trusts may Ih; created for certain si^ecified purposes. 
 
 Usury, — (Sec Interest.) 
 
 Wages. — Contractors on canals or public works must give security for the 
 payment of laborers. Provision is also made by statute for the payment of 
 railroad employees. In the distribution of as.sets in assignments for the 
 benefit of creditors, ■wages of employees are preferred. 
 
 Wills. — Persons of sound mind and twenty-one years of age may make 
 wills of real estate, males of eighteen and females of sixteen of personal 
 property. The testator must sign his name at the end, in the presence of at 
 least two witnesses, or acknowledge to them his signature, who at his n-- 
 quest and in his presence, and in the presence of each other must subscribe 
 their names as witnesses. They are also obliged to state their residence. 
 Nuncupative wills can bo made only by soldiers and sailors in actual service. 
 No person having a husband, wife, child or parent, shall devise or bequeath 
 to any charitable society more than one-half of his or her estate, after the 
 payment of debts, and such devise shall be valid to the extent of one-half and 
 no more. Benevolent, charitable, scientific and missionary corporations, or- 
 ganized under laws of 1848, ch. 319, may hold property by virtue of a 
 devise or bequest, the annual income of which shall not exceed ten thousand 
 dollars ; but no person leaving a wife or child or parent can devise or be- 
 queath to such corporation more than one-fourth his estate, after payment, 
 debts, and such bequest shall be valid to the extent of such one-fourth, and 
 no such devise in any will shall be valid which, shall not have been made and 
 executed at least two months before the death of the testator. 
 
 Witnesses. — {See Evidence.) 
 
 IN.Y M
 
 NEW YORK. 
 
 601 
 
 ATTORNEYS IN NEW YORK 
 
 Bold Face Type denotes county seats. A dash (— ) less than 100 population. 
 F'igures after names when admitted to Bar. A star (*) Notaries Public. 
 A double dagger (t) our Compiler of liaws. 
 A dagger (t) former recommendations withdrawn. 
 
 PI.ACK. 
 
 COUXTY. 
 
 NAMES OF ATTOUNKYS. 
 
 rOPULA N 
 
 Adams 
 
 Jefferson 
 
 I. L. Hunt, .Ir. 
 
 1,450 
 
 Addison 
 
 Steuben 
 
 D. M. Darrin. 
 
 3,000 
 
 Aftoii 
 
 Chenango 
 
 George A. Haven. 
 
 1,734 
 
 Akron 
 
 Erie 
 
 W. L. Paxon. 
 
 1,350 
 
 rWM. J. HILLIS. ^ 
 
 Albany Albany | George M.' Tme. m^^^' ^^'^^'^ 
 
 L 25 N. Pearl Street. 
 
 Albion Orleans George Bullard. 5,000 
 
 Amityville Suffolk Geo. A. Hooper. 1,063 
 
 Amsterdam Montgomery Hon. Z. S. Westbrook. 16,000 
 
 Angelica Allegany Richardson & Kobins. 750 
 
 Antwerp Jefferson J. C. Trolan. 1,037 
 
 Arcade Wyoming Knight & Barnes. 2,000 
 
 Argyle Washington J. B. Conway. 316 
 
 Atliens Greene Chas. E. Nichols. 2,498 
 
 Attica Wyoming Lorish & Stone. 3,090 
 
 Auburn Cayuga H. Price. 26,000 
 
 An Sable Fork.'^ Essex T. D. Turnlmll. 2,000 
 
 Avon Livingston W. S. Newman. 1,617 
 
 Babylon Suffolk John R. Reid. 2,750 
 
 Jiaiiibridge Chenango H. A. Clarke. 1,200 
 
 Ballston Saratoga J. W. Thompson. 3,011 
 
 Batavia Genessee E. C. Walker. 7.500 
 
 Bath Steuben J. F. Parkhurst. 3,500 
 
 Belmont Allegany x\. McXett. 1,200 
 
 T.- -L J. -n ^ Marshall J. Miller, i7Qir 
 Bmgbampton Broome J Correspondence Solicited. ^^'^^"^ 
 
 IJolivar Allegany Chas. H. Brown. 2.500 
 
 IJoonville Oneida Walter Ballon. 1,677 
 
 Brewster Putnam F. S. Barnum. 1,216 
 
 Bridgehampton Suffolk H. P. Hedges. 1,253 
 
 Brockport Monroe J. D. Decker, 4,628 
 
 Brooklyn. Kings County. Population 566,689 
 
 Clary, John A., 26 Court Street, 
 
 Collections and Probate matters a specialty. 
 Ref. Nat. City Bank and American Wall Paper Mills. 
 (See Card in Appcndir, page xv. 
 
 DRISCOLL. WM. J., 220 S. 1st Street. 
 THOMPSON. DANIEL B., '66. 38 Court Street, 
 f Pinckney, Geo. W.. 26 Court Street.
 
 G02 
 
 NEW YORK. 
 
 Buffalo. Ekie County. Population 300,000 
 
 FAIRCHILD, JOS. L., o5 and oG Chapin Block. 
 
 ♦Robinson, Chas. K., '70, 404 3Iain Street, 
 
 Aduiittecl 1870. — Collections promptly remitted. 
 
 f Osgoodby, Geo. M., 400 Main Street, 
 t Shelden, James, Jr., Hayen Building-. 
 
 PLACE, 
 
 Cambridge 
 
 Camden 
 
 Canajoharie 
 
 Canandaigua 
 
 Canasei'aga 
 
 Canastota 
 
 Canton 
 
 Cape Vincent 
 
 Carmel 
 
 C'arthage 
 
 Castile 
 
 Catskill 
 
 Cattaraugus 
 
 Cazenovia 
 
 Champlain 
 
 Chatham 
 
 Clayton 
 
 Clinton 
 
 Clifton Springs 
 
 Clyde 
 
 Cobleskill 
 
 Cohoes 
 
 Cold Spring 
 
 Cooperstown 
 
 Corning 
 
 Cornwall 
 
 Cornwall on the 
 
 Cortland 
 
 Coxsackie 
 
 Cuba 
 
 DansviHe 
 
 Delhi 
 
 Dundee 
 
 Dunkirk 
 
 East New York 
 
 East Aurora 
 
 Elizabethtown 
 
 EUenville 
 
 Ellington 
 
 Elmira 
 
 Fairport 
 
 Far Rockaway 
 
 Fishkill Landiui. 
 
 Flushing 
 
 Fonda 
 
 Fort Edward 
 
 Fort Plain 
 
 Frankfort 
 
 Fredonia 
 
 NAMES OF ATTOKNEYS. 
 
 popula'n.. 
 
 Washington 
 Oneida 
 Montgomery 
 Ontario 
 Allegany 
 ]\Iadison 
 St. Lawrence 
 Jefferson 
 Putnam 
 Jefferson 
 Wyoming 
 Greene 
 Cattaraugus 
 Madison 
 Clinton 
 Columbia 
 Jefferson 
 Oneida 
 Ontario 
 Wayne 
 Schoharie 
 All)any 
 Putnam 
 Otsego 
 Steuben 
 Orange 
 Hudson Orange 
 Cortland 
 Greene 
 Allegany 
 
 liivingston 
 
 Delaware 
 
 Yates 
 
 Chautaiujua 
 
 Kings 
 
 Erie 
 
 Essex 
 
 Ulster 
 
 Cliautauqua 
 
 Chemung 
 
 jNIonroe 
 
 Queens 
 
 Dutchess 
 
 Queens 
 
 Montgomery 
 
 Washington 
 
 IVIontgomery 
 
 Herkimer 
 
 Cliautauqua 
 
 AVcstfall & Whitcomb. 
 
 George F. Morss. 
 
 Cook & Barnes. 
 
 EARL W. BOZARD, '8(5. 
 
 W. C. Windsor. 
 
 GEORGE N. BAUDER, '8,-) 
 
 NELSON L. ROBINSON. 
 
 M. E. Lee. 
 
 C. Ryder. 
 A. E. Kirby. 
 H. W. Smith. 
 Wra, E. Bennett. 
 Marsh & Rich. 
 S. T. Fairchild. 
 W. H. Dunn. 
 Wm. C. Daley. 
 H. E. Morse. 
 •Jos. S. Avery. 
 
 S. C. Olmstead. 
 
 D. L. Stow. 
 W. C. Lamont. 
 •John D. Canavan. 
 
 C. H. Ferris. 
 
 E. M. Harris. 
 A. S. Kendall. 
 
 D. E. Sutherland. 
 C. H. Fuller. 
 
 J. E. WINSLOW, '70. 
 
 F. H. Brandow. 
 S. C. Swift. 
 
 j Cbas. H. Rowe. 
 
 t RALPH T. WOOD, TiO. 
 
 J. I. Goodrich. 
 
 .James Spicer. 
 
 CD. Murray. 
 
 E. D. Benedict. 
 Chas. W. Merritt. 
 Hand, Kellogg & Hale. 
 
 G. G. & J. B. Keeler. 
 Theo. A. Case. 
 
 IL C. ROBERTSON. 
 W. S. Hubbell. 
 E. J. Healy. 
 Wm. Kent. 
 H. A. Bogert. 
 R. H. Cushney. 
 ROBERT O. BASCOM. 
 James E. Dewey. 
 A. C. Dingman. 
 ]\[orris & Lambert. 
 
 1,482 
 1,589 
 3.000 
 r),727 
 1,000 
 1.800 
 2,049 
 1,361 
 600 
 3,000 
 1,200 
 4,500 
 1,000 
 2,000 
 1,900 
 1,765 
 1,600 
 1,236 
 1,000 
 2,726 
 1,222 
 19,417 
 2,111 
 2,600 
 7,000 
 1,200 
 2,000 
 6,000 
 1,661 
 1,351 
 
 4.500 
 
 2,000 
 1,200 
 8,000 
 3,046 
 3,300 
 445 
 2,750 
 1,602 
 25.000 
 1,920 
 3,000 
 2,503 
 6,230 
 1,500 
 2,988 
 4,000 
 1,300 
 8,000
 
 NEW YORK. 
 
 60S 
 
 PLACE. 
 
 COUKTY. 
 
 Fulton 
 
 Oswego 
 
 Geneseo 
 
 Livingston 
 
 Geneva 
 
 Ontario 
 
 Glen Cove 
 
 Queens 
 
 Glen's Falls 
 
 Warren 
 
 Gloversville 
 
 Fulton 
 
 Croslieii 
 
 Orange 
 
 Gouvemeur 
 
 St. Lawrence. 
 
 Gowanda 
 
 Chattaraugus 
 
 Granville 
 
 Washington 
 
 Greenbush 
 
 Rensselaer 
 
 Greene 
 
 Chenango 
 
 Green Island 
 
 Albany 
 
 Greenport 
 
 Suffolk 
 
 Greenwich 
 
 Washington 
 
 Hamburgh 
 
 Erie 
 
 Hamilton 
 
 Madison 
 
 Hammondsport 
 
 Steuben 
 
 Havana 
 
 Schuyler 
 
 Haverstraw 
 
 Rockland 
 
 Hempstead 
 
 Queens 
 
 Herkimer 
 
 Ilerkimcr 
 
 Hicksville 
 
 Queens 
 
 Highland 
 
 Ulster 
 
 Holley 
 
 Orleans 
 
 Homer 
 
 Cortland 
 
 Honeoge Falls 
 
 Monroe 
 
 Homellsville 
 
 Steuben 
 
 Horseheads 
 
 Chemung 
 
 Hudson 
 
 Columbia 
 
 Huntington 
 
 Suffolk 
 
 Ilion 
 
 Herkimer 
 
 Ithaca 
 
 Tompkins 
 
 Jamaica 
 
 Queens 
 
 Jamestown 
 
 Chautauqua 
 
 Johnstown 
 
 Fulton 
 
 Keeseville 
 
 Essex 
 
 Kinderbrook 
 
 Columbia 
 
 Kingston . 
 
 Ulster 
 
 Lancaster 
 
 Erie 
 
 Lansingbiirg 
 
 Rensselaer 
 
 Le Roy 
 
 Genesee 
 
 Lima 
 
 Livingston 
 
 Little Falls 
 
 Herkimer 
 
 Little Valley 
 
 Cattaraugus 
 
 Lockport 
 
 Niagara 
 
 Long Island City 
 
 Queens 
 
 Lowville 
 
 Lewis 
 
 Lyons 
 
 Wayne 
 
 Malone 
 
 FraTiklin 
 
 -Maniaroneck 
 
 AVestchester 
 
 Marathorn 
 
 Cortland 
 
 Marlborough 
 
 Ulster 
 
 Matteawan 
 
 Dutchess 
 
 Mayville 
 
 Chantau(iua 
 
 IMechanicsvillc 
 
 Saratoga 
 
 NAMES OF ATTORNEYS. POPULA'x. 
 
 G. S. Piper. 
 
 4,000 
 
 James Wood. 
 
 2.00O 
 
 Geo. L. Bachman. 
 
 (i.r)0<.) 
 
 E. Cromwell. 
 
 :j.70O 
 
 M. A. Sheldon. 
 
 lO.OOO 
 
 Y,. A. Spencer. 
 
 8,000 
 
 Henry Bacon. 
 
 2,r,,-,T 
 
 Chas. Anthony. 
 
 (i.OOO 
 
 Wm. Woodbury. 
 
 l,24vj 
 
 O. F. Thompson. 
 
 1.60O 
 
 .Tames J. Bennett. 
 
 3,241 
 
 Lester Chase. 
 
 1,500 
 
 James R. Torrance. 
 
 4,160 
 
 B. H. Reeve. 
 
 2.371 
 
 Lourie & Gibson. 
 
 1,231 
 
 A. Thorn. 
 
 2.000 
 
 D. G. Wellington. 
 
 2,000 
 
 Monroe Wheeler. 
 
 2,300 
 
 Samuel G. Keeler. 
 
 L274 
 
 I. Brown. 
 
 3.506 
 
 R. A. Davison. 
 
 2,531 
 
 Hon. Samuel Earl. 
 
 2.351> 
 
 L. K. Church. 
 
 1.621 
 
 W. D. Hasbrouck. 
 
 1.52S 
 
 W. E. Hobby. 
 
 1.200 
 
 F. Pierce. 
 
 3.500 
 
 W. H. Dusenberry. 
 
 1.50O 
 
 Hon. H. Hakes. 
 
 10.000 
 
 Dailey & Bentley. 
 
 •2.400 
 
 Robert E. Andrews. 
 
 s.TTJ) 
 
 Hon. Thos. Young. 
 
 2.438 
 
 Thomas Richardson. 
 
 3.711 
 
 Almy & Bouton. 
 
 !),500 
 
 W. S. Cogswell. 
 
 3.1)22 
 
 BOOTEY, E. R.. 
 
 
 FOWLER. J. L c^c 
 
 S.52H 
 
 WEEKS, J. L 
 
 
 Smith & Nellis. 
 
 7.000 
 
 C. F. Tabor. 
 
 2.1S1 
 
 G. S. Collier. 
 
 1.130 
 
 John E. YanEtten. 
 
 18.342 
 
 John L. Romer. 
 
 1,602 
 
 Hyatt & Comstock. 
 
 7,473 
 
 R. Ballard. 
 
 3.000 
 
 X. W. Clark. 
 
 1.87S 
 
 Geo. A. Harden. 
 
 7.128 
 
 + //. C. nail. 
 
 E. A. Nash. 
 
 630 
 
 L. F. tfe G. Bowcn. 
 
 13.522 
 
 A. T. Payne. 
 
 17.117 
 
 E. S. Merrill. 
 
 3.000 
 
 Wm. Van Martin. 
 
 :;.S2() 
 
 KELLAS & MUNSILL. 
 
 6.O0O 
 
 E. F. DeLancy 
 
 1.826 
 
 I. L. Little. 
 
 i.onc, 
 
 .lohn Rusk. 
 
 1,251) 
 
 Samuel K. Phillips. 
 
 4.411 
 
 Van !>usen & Martin. 
 
 1.500 
 
 J. F. Terry. 
 
 2,000
 
 604 
 
 NEW YORK. 
 
 PLACE. COIXTY. XAMES OF ATTOUNEYS. POPULA N. 
 
 Medina Orleans 8. E. Filkiiis. 4,500 
 
 Mexico OsAVfgo Heo. G. Freiicli. 1,400 
 
 Middlebur<;h Schoharie I*. S. Daiiforth. 1,500 
 
 Middletown ()i-aii.<;vj Chas. (t. Dill. 8,494 
 
 Mohawk Herkimer -lanieis B. Rafter. 2,953 
 
 Montgomery Oran<>e J. M. Wilkin. 1,000 
 
 Monticello Sullivan Thornton Niveii. 1,000 
 
 Moravia Cayu<;a S. E. Day. 1,700 
 
 Morrisville MadisDu Smith, Kellogg- & Wells. 800 
 
 Mt. Morris Livingston H. H. Mcllay. 2,000 
 
 Mt. Venion Westchester Hon. I. N. Mills. 1,857 
 
 Naples Ontario E. B. Pottle. 1,940 
 
 Newark Wayne E. K. Burnliam. 3,000 
 
 New Berlin Chenango H. H. Harrington. 1,200 
 
 New Brighton Richmond S. D. Stephens. 10,000 
 
 Newburgh Orange D. W. Esmond. 18,095 
 
 New City Rockland F. P. Dewarest. 270 
 
 New Rochelle Westchester Chas. H. Noxon. 4,500 
 
 New York. New York County. Population. 1,306,590 
 
 Bright, A. B., <!2 William St. 
 
 Browne, Hy. Huffman, 132 Nassau St. D jes general 
 law and colleetinii business. Ret", on application. 
 
 Butts, Alex. B., '74. 99 Nassau St. 
 DOYLE, FRANK A.. IGO Fulton St. 
 
 * Gibbons, T. Francis, 704 Broadway. 
 
 t Halbert & Millard, 99 Nassau Street. 
 Halbert, N. A., 
 Millard, W. E. 
 
 See Card in Appendix, page xvi. 
 
 Leggat, Walter R., 3 and 9 Beekman St. 
 
 * Shear, Theo. E., 29 Wall St. 
 
 See Card in Appendix, lage xvi. 
 
 TERRY. E., 68 Wall St. 
 f Anthony. D. E., Temple Court, 
 f Bririht, A. B., 62 William St. 
 t Trmchrell, L. B.. 24 Park Place. 
 
 A. A. Porter. 3.320 
 N. C. Ackerly. ' 1,068 
 
 Geo. W. Ray. 6.000 
 
 W. J. FLETCHER, "SL 1,221 
 
 F. C. Peck. 1.500 
 
 Q. McAdam. 3.881 
 
 .Tames & llerriman. 10,340 
 
 Boles & Waring. 8.000 
 
 .L F. Tuttle. 7.000 
 
 J. H. Keys. 4.000 
 
 <s Edwin Allen. g- ^.^^ 
 
 \ t //. C. Benedict. "•''""" 
 
 ILxzleton & Avery. 750 
 
 Clark & Clark. 5,52(5 
 
 W. R. Mygatt. 2.0(M) 
 
 R. Townsend. 1.255 
 
 H. R. Durfee. 2,800 
 
 W. M. Smith. 2,208 
 
 JESSE L. CASE. 255 
 
 Niagra Falls 
 
 Niagra 
 
 Northport 
 
 Sufiblk 
 
 Norwich 
 
 Chenango 
 
 Norwood 
 
 St. Lawrence 
 
 Niinda 
 
 Liviugst(m 
 
 Nyack 
 
 Rockland 
 
 Ogdensburgh 
 
 St. Lawrence 
 
 Clean 
 
 (Cattaraugus 
 
 Oneida 
 
 Madison 
 
 Oneonta 
 
 Otsego 
 
 Oswego 
 
 Oswego 
 
 Ovid 
 
 Seneca 
 
 Owego 
 
 Tioga 
 
 0.\ford 
 
 ('henango 
 
 Oyster Bay 
 
 (Jueens 
 
 Palmyra 
 
 AVayuc 
 
 Patchogue 
 
 Sutt'olk 
 
 Peconic 
 
 Suftolk
 
 NEW YORK. 
 
 60.'> 
 
 PLACK. 
 
 COUNTY. 
 
 NAMES OF ATTOUNKYS. 
 
 ropui.A'x 
 
 Peckskill 
 
 AVestchcster 
 
 C. Ferris. 
 
 5,742 
 
 Penfield 
 
 Monroe 
 
 J. H. Chadsey. 
 
 l,22r> 
 
 Penn Yaun 
 
 Yates 
 
 M. A. Lcarj'. 
 
 4,500 
 
 Perry 
 
 Wyoming 
 
 B. C. Roup. 
 
 1,500 
 
 Phelps 
 
 Ontario 
 
 S. S. Partridge. 
 
 1.500 
 
 Philmont 
 
 Columbia 
 
 II. P. Horton. 
 
 1,343 
 
 Phcenix 
 
 Oswego 
 
 C. W. Avery. 
 
 1.7(iO 
 
 Plattsburgh 
 
 Clinton 
 
 D. F. Dobic. 
 
 5,24r> 
 
 Port Eryon 
 
 Cayuga 
 
 Chas. R. Berrv. 
 
 2.100 
 
 Port Chester 
 
 Westchester 
 
 M. Dillon. 
 
 3,7!)S 
 
 Port Ileiiry 
 
 Essex 
 
 A. B. AValdo. 
 
 2,522 
 
 Port Jefferson 
 
 Suffork 
 
 Thos. J. Ritch, Jr. 
 
 2,128 
 
 Port Jervis 
 
 Orange 
 
 O. P. Howell, 
 
 7.753 
 
 Port Leyden 
 
 Lewis 
 
 W. H. Hilts. 
 
 1,000 
 
 Port Richmond 
 
 Richmond 
 
 De Groot, Rawson & Stafford. 8,000 
 
 Potsdam 
 
 St. Lawrence 
 
 II. L. Knowles. 
 
 3,000 
 
 Pouglikeepsie 
 
 Dutchess 
 
 HOMER C. BRIGGS. 
 
 20,207 
 
 I^iilaski 
 
 Oswego 
 
 D. A. King. 
 
 2.525 
 
 Randolph 
 
 Cattaraugus 
 
 Henderson & Wentworth 
 
 1,111 
 
 Rhine beck 
 
 Dutchess 
 
 A. L. Wager. 
 
 1,561) 
 
 Richburgh 
 
 Allegany 
 
 A. B. Rider. 
 
 5,000 
 
 Richfield Springs 
 
 Otsego 
 
 E. Gary. 
 
 1,307 
 
 Richmond 
 
 Richmond 
 
 N. J. Wyrth. 
 
 1,000 
 
 Riverhead 
 
 Suff'olk 
 
 T. M. Gritting. 
 
 1,735 
 
 Rochester 
 
 3 [on roe 
 
 <i Fanning & Williams, 
 '( 341 Powers Block. 
 
 8'J,30:'> 
 
 Rockville Centre 
 
 Queens 
 
 Geo. Wallace. 
 
 1,882 
 
 Home 
 
 Oneida 
 
 B. Beach. 
 
 12,045 
 
 Roundout 
 
 Ulster 
 
 P. & C. F, Cantive. 
 
 10.128 
 
 Rossville 
 
 Richmond 
 
 P. C. Ullman. 
 
 1,050 
 
 Rouse's Point 
 
 Clinton 
 
 Geo. Richards. 
 
 1,500 
 
 Sag Harbor 
 
 Suffolk 
 
 Greene & Raynor. 
 
 2,728 
 
 Salamanca 
 
 Cattaraugus 
 
 A. W. STONE. 
 
 4.000 
 
 Salem 
 
 Washington 
 
 L. Frazer. 
 
 3,000 
 
 Sandy Hill 
 
 Washington 
 
 U. G. & C. R. Paris. 
 
 2,480 
 
 St. Johnsville 
 
 Montgomery 
 
 B. A. Ransom. 
 
 2,04S 
 
 Saugerties 
 
 Ulster 
 
 Chas. Davis. 
 
 10,375 
 
 Saratoga Springs 
 
 Saratoga 
 
 J. W. Crane. 
 
 10,000 
 
 Sayville 
 
 Suffolk 
 
 A. Heyman. 
 
 1,590 
 
 Schaghticoke 
 
 Rensselaer 
 
 E. Burlingame. 
 
 3,500 
 
 Schenectady 
 
 Schenectady 
 
 Hon. J. S. Landon. 
 
 15,370 
 
 Schoharie 
 
 Schoharie 
 
 Krum & Grant. 
 
 1,188 
 
 Schuylersvillo 
 
 Saratoga 
 
 D. S. Potter. 
 
 1,850 
 
 Seneca Falls 
 
 Seneca 
 
 Chas. A. Ilawley. 
 
 7.000 
 
 Sherman 
 
 ('hautaufiua 
 
 G. C. VanDusen. 
 
 1,72S 
 
 Silver Creek 
 
 Chautau(iua 
 
 G. E. Towne. 
 
 1,500 
 
 Sing Sing 
 
 AVestchester 
 
 S. Watson. 
 
 7,578 
 
 Stapleton 
 
 Richmond 
 
 Theo. Frean. 
 
 10,000 
 
 Suspension Bridge 
 
 T^iagra 
 
 T. E. Irving. 
 
 2,477 
 
 Syracuse. 
 
 Onondaga County. 
 
 Population 05,122 
 
 Smith, r John E.,) Kellogg, (Clarence V.) & *Wells, (Edwin M.,) 
 50, 51 and 52 AVieting Block. 
 
 (SV'p Cord in Ajipntdir, jxir/c xxlii. 
 AVILSON, C. H., '76, 18 Syracuse Savings B'k Bld'g. 
 f G. 11. Sedgwick, 5 Granger Block. 
 
 Tarry town 
 Ticondcroga 
 
 AA'esI Chester 
 Essex 
 
 H. C. Griftin. 
 
 R. C. Dornburgh. 
 
 7,000 
 1,775
 
 60G 
 
 NEW YORK. 
 
 PLACE. 
 
 COUXTT. 
 
 NAMES OF ATTORNEYS. POPULA'N. 
 
 ToinpkinsvilU' 
 
 Richmond 
 
 N. Marsh. 
 
 3,000 
 
 Toiiawanda 
 
 Erie 
 
 L. L. Wilson. 
 
 10,000 
 
 Tottenville 
 
 Richmond 
 
 W. T. Elliott. 
 
 3,000 
 
 Troy 
 
 Rensselaer 
 
 S t (r. G. Shrancler. 
 I L. Smith. 
 
 56,747 
 
 Trumansburgli 
 
 Tompkhis 
 
 J. D. Smith. 
 
 1,474 
 
 Tnckahoe 
 
 Westchester 
 
 S. D. Gilford. 
 
 2,000 
 
 Union Springs 
 
 Cayuga 
 
 R. J. Hoff. 
 ( Henry A. Doolittle, '78, 
 
 1,210 
 
 TJtica 
 
 Oneida 
 
 < 90 Genesee Street. 
 
 33,913 
 
 
 
 ( See Card in Ajjpendix, page 
 
 xvi. 
 
 Valatie 
 
 Columbia 
 
 A. H. Parrar. 
 
 1,775 
 
 Virgil 
 
 Cortland 
 
 {See Cortland.) 
 
 250 
 
 Walden 
 
 Orange 
 
 I. H. Langhran. 
 
 1,804 
 
 Walton 
 
 Delaware 
 
 Fancher & Sewell 
 
 1,600 
 
 Wappinger's Falls 
 
 Dutchess 
 
 J. W. Bartrum. 
 
 5,000 
 
 Warsaw 
 
 Wyoming 
 
 Hon. B. Healy. 
 
 3,500 
 
 AVarwick 
 
 Orange 
 
 J. J. Beattie. 
 
 1,100 
 
 Waterford 
 
 Saratoga 
 
 I. C. Ormsby. 
 
 3,540 
 
 Waterloo 
 
 Seneca 
 
 S. G. Hadley. 
 
 5,000 
 
 Watertown 
 
 Jefferson 
 
 L, H. Brown. 
 
 12,000 
 
 Watervillc 
 
 Oneida 
 
 F. L. Babbott. 
 
 2,800 
 
 Watkins 
 
 Schuyler 
 
 C. J. Baskin. 
 
 3,500 
 
 Waverly 
 
 Tioga 
 
 A. G. Allen. 
 
 3,500 
 
 AVeedsport 
 
 Cayuga 
 
 W. J. Cornwell. 
 
 3,200 
 
 Wellsville 
 
 Allegany 
 
 H. L. Jones. 
 
 3,049 
 
 Westchester 
 
 Westchester 
 
 S. Baker. 
 
 3,028 
 
 Westfield 
 
 Chautauqua 
 
 H. C. & C. A. Kingsbury. 
 
 3,325 
 
 West New Brighton Richmond 
 
 Geo. Gallagher. 
 
 3,292 
 
 West Troy 
 
 Albany 
 
 P. A. Rogers. 
 
 8,820 
 
 AVest Winfield 
 
 Herkimer 
 
 L. N. Southworth. 
 
 1,000 
 
 AVhitehall 
 
 Washington 
 
 Potter & Lillie. 
 
 4,370 
 
 White Plains 
 
 AVestchester 
 
 * A. J.Hyatt, '52. 
 
 2,882 
 
 AVilliamstown 
 
 Oswego 
 
 E. Dixon. 
 
 1,210 
 
 AViniield Junction 
 
 Queens 
 
 Thos. F. McGowan. 
 
 1,500 
 
 AVolcott 
 
 AVayne 
 
 AVm. Roe. 
 
 2,000 
 
 Yonkers 
 
 Westchester 
 
 ROBT. P. GETTY, Jr., '83 
 
 18,892 
 
 BANKS IN NEW YORK. 
 
 Giving the name of town, bank .^nd cashier, and amount of paid-up capital of one 
 banlt in each county of this state in whicli sucli a banlcing institution is located. 
 
 
 
 
 PAID UP 
 
 PLACE. 
 
 NAME OF BANK. 
 
 CASHIER. 
 
 CAPITAL. 
 
 Albany 
 
 National Exchange Bank 
 
 J. 11. Brooks. 
 
 $500,000 
 
 Albion 
 
 Orleans County Nat Bank 
 
 E. K. Hart. 
 
 100,000 
 
 Batavia 
 
 First National Bank. 
 
 J. L. Bigelow. 
 
 100,000 
 
 Bath 
 
 First National Bank. 
 
 W. AV. Allen. 
 
 100,000 
 
 Bingham ton 
 
 First National Bank. 
 
 John Manier, 
 
 200,000 
 
 Brooklyn 
 
 Brooklyn Tiust Co 
 
 J. II. Curran, Sec. 
 
 600,000 
 
 Buffalo 
 
 Manufact'rs & Traders Bank Jas. 11. Maddison. 
 
 900,000
 
 NEW YORK. 
 
 607 
 
 <Janamlai<rua 
 ('anton 
 <J a nil el 
 Catskill 
 Oooperstowii 
 Corning 
 ('ortland 
 Delhi 
 Elmiia 
 Fonda 
 ■Goshen 
 Herkimer 
 Hudson 
 Ithaca 
 . Johustown 
 Kingston 
 Little Falls 
 Lockport 
 Lowville 
 Lyons 
 ^Malone 
 ^lonticello 
 Morrisville 
 INew burgh 
 New York City 
 Norwich 
 Oswego 
 Ovid 
 Owego 
 Penn Yan 
 Plattsburgh 
 Poughkeepsie 
 Kochester 
 Schenectady 
 Syracuse 
 Troy 
 Utica 
 Warsaw 
 Waterloo 
 Watertown 
 Watkins 
 White Plains 
 
 NAME OF BANK. CASHIER. 
 
 First National Bank H. B. Ferguson. 
 
 St Lawrence County Bank S. D. Kimball. 
 
 Putnam County Nat Bank H. Ryder. 
 
 Catskill National Bank H. B. Jlill. 
 
 Second National Bank B. M. Cady. 
 
 First National Bank O. W. Bump. 
 
 First National Bank E. Keator. 
 
 Bank of Delhi W. L. Bell. 
 
 Second National Bank D. M. Pratt. 
 
 Nat Mohawk River Bank J. L. Hees. 
 
 Goshen National Bank W. M. Murray. 
 
 Herkimer Ba'ik M. W. Rasbach. 
 
 Farmers' National Bank C. C. Macy. 
 
 First National Bank Hemy B. Lord. 
 
 First National Bank Howland Fish. 
 
 Kingston National Bank N. E. Broadliead. 
 Nat Herkimer County Bank W. G. Milligan. 
 
 National Exchange Bank M. A. Nichols. 
 
 Black River National Bank F. S. Easton. 
 
 Lyons National Bank 
 
 Farmers' National Baidv 
 
 National Union Bank 
 
 First National Bank 
 
 Nat Bank of Newburgh 
 
 American Exchange Nat Bk E. Burns. 
 
 National Bank of Norwich H. D. Newton 
 
 First National Bank J. D. W, Case 
 
 Bk'gH. of LeRoycPartridgeJ. B. Thomas 
 
 M. C. Tucker. 
 
 W. F. Creed. 
 
 E. H. Strong. 
 
 B. Thompkins. 
 
 J. J. S. McCroskerv. 
 
 First National Bank 
 
 First National Bank 
 
 First National Bank 
 
 Fall Kill National Bank 
 
 Flour City National Bank 
 
 Mohawk National Bank 
 
 Third National Bank 
 
 Troy City National Bank 
 
 Oneida National Bank 
 
 Wyoming Co Nat Bank 
 
 First National Bank 
 
 Jefferson Co National Bank S. T. Woolwortli. 
 
 First National Bank E. S. Payne. 
 
 Central B'k of W Chester Co. H. E. Foster 
 
 W. S. Truman. 
 H. K. Armstrong. 
 Charles A. Baker. 
 John F. Hull, 
 Wm. Aug. Waters. 
 Cliarles Thompson 
 Geo. S. Leonard. 
 Oscar E. Van Zile. 
 Robt. S. Williams. 
 L. H. Humphrey. 
 W. L. Mercer. 
 
 PAID UP 
 CAPITAL. 
 
 75,000 
 
 50,000 
 100,000 
 150,000 
 200,000 
 100,000 
 125,000 
 
 75,000 
 200,000 
 100,000 
 110,000 
 
 75,000 
 300,000 
 250,000 
 100,000 
 150,000 
 250,000 
 150,000 
 
 50,000 
 
 00,000 
 150,000 
 
 50,000 
 100,000 
 800,000 
 5,000,000 
 125,000 
 200,000 
 100,000 
 100.000 
 
 50,000 
 100,000 
 400,000 
 
 ;joo,oo() 
 
 100,000 
 :500,000 
 
 ;}00,ooo 
 
 400,000 
 100,000 
 100,000 
 148,200 
 50.000 
 100,000
 
 STATE OF 
 
 NORTH CAROLINA. 
 
 SUMMARY OF 
 
 Collection Laws. 
 
 Court Calendar, Instkuctions fok taking Depositions, Legal Fokms, Etc. 
 
 EXPRE&SLY PREPARKD AND REVISED TO NOV. Ist, 1887, FOR " SHOWERS' 
 
 Legal Directory and Merchants' Guide," for 1888, by John 
 W. Hinsdale of the Fayetteville & Carthage Bar. 
 
 Acknowledgments. — May be taken within the state l>y :iny judge or clerk 
 of a court of record, or any justice of the peace or notary public. In other 
 states, by any commissioner appointed by the governor of this state, and 
 clerks of courts of record in such state, and in foreign countries by a mayor 
 or other chief magistrate, or any minister, consul or commercial agent of the 
 United States. 
 
 Form of Acknowledgment for Husband and Wife. 
 
 State of North Carolina, } 
 County op ^ " 
 
 Before me (insert name and title of officer) this day personally appeared 
 
 , and his wife, , parties named in the foregoing deed, and the said 
 
 deed being also ])roduced and exhibited before me, the same and his 
 
 wife, , ackuowledged the execution tliereof as their act and deed for the 
 
 purposes therein expressed, and the said , being by me privately ex- 
 amined, separate and apart from her said husband, touching her vohuitary 
 execution of the same, doth state that she signed the same freely and volun- 
 tarily and without fear or compulsion of her .said husband or any <jther per- 
 son whatsoever, and doth still voluntarily assent thereto. 
 
 In witness whereof, I have set my hand and affixed my official this day 
 
 of , 18 — . {Signature and title of officer.) 
 
 [L. S.] 
 
 Actions. — The distinction between acticms at law and suits in cijuity is 
 abolished, and there is but one form of action, and that is denominated a 
 civil action. All actions in the superior courts nnist be commenced by the 
 issuing of a summons, which is to be issued liy the clerk of the superior 
 court, at the instance of the plaintiff. Tiie summons must be signed by the 
 clerk, who, before issuing it, must take bond with sufficient security for the 
 prosecution of the suit. TIk; successful ]iarty recovers his costs and dis- 
 bursements. 
 
 AflB.davitS. — Affidavits to be used iu any judicial ^jroceeding in this state, 
 should be made before a commissioner of affidavits, duly commissioned by 
 the governor thereof, or before a clerk of a court of record of any other 
 state. 
 
 [N. Car. 1.]
 
 NORTH CAROLINA. 609 
 
 Administration.— 0/ /iste^es of Deceased Persons. — The clerk of the 
 superior court of each county has jurisdiction within his county, to take 
 proof of wills an<l to grant letters testamentary, letters of adniiiiistratioii 
 with the will annexed and in cases of intestacy, in the followiuLj eases : 1. 
 Where the decedent at, or immediately previous to, his death was domiciled 
 in the county of such clerk, in whatever place such death may have hap- 
 pened. 2. Where the decedent at his death had his fi.xed place of domicile 
 in more than one county the clerk of any such county has jurisdiction. 3. 
 Where the decedent, not being domiciled in this state, died ont of the state, 
 leaving assets in the county of such clerk, or assets of such decedent there- 
 after come into the county of such clerk. 4. Where the decedent, not being 
 domiciled in this state, died in the county of such clerk, leaving assets in the 
 state, or assets of such decedent thereafter come into tlie state. 
 
 The clerk who first gains and exercises jurisdiction under this chapter 
 thereby acquires sole and exclusive jurisdiction over the decedent's estate. 
 Letters of administration, in case of intestacy, shall be granted to the per- 
 sons entitled thereto, and applying for the same, in the following order: 
 
 1. To the husband or widow, except as hereinafter provided. 2. To the 
 next of kin in the order of their degree, where they are of different degrees; 
 if of equal degree, to one or more of them, at the discretion of the clerk. 
 
 3, To the most competent creditor who resides within the state, and proves 
 his debt on oath before the clerk. 4. To any person legally competent. 
 
 The clerk shall not issue letters of administration to any person who, at 
 the time of appearing to qualify, is: 
 
 1. Under the age of twenty-one years. 2. An alien, who is a non-resident 
 of this state. 3. A person who has been convicted of an infamous crime. 
 
 4. Who, on proof, is adjudged by the clerk incompetent to execute thj 
 duties of such tiust, by reason of drunkenness, improvidence or want of 
 understanding. 5. Who fails to take the oath or give the bond required 
 by law. 
 
 When any person applies for administration, and any other person has 
 prior right tiiereto, a written renunciation of the person, or persons, having 
 such prior right, must be produced and filed with the clerk. 
 
 Aliens. — May take by purchase or decent and transmit real estate whether 
 they are residents of this state or not. 
 
 Appeals. — Appeals may be taken from the judgments of justices of the 
 peace to the superior court, from the probate court to the superior court and 
 from the superior court to the supreme court, without reference to the 
 amounts involved. 
 
 Arrest and Bail. — A defendant may be arrested at the commencement 
 of a civil action, when it appears by affidavit, or otherwise satisfactorily to 
 the courti, that the defendant is a non-resident, or about to remove from this 
 state, or the action is for the recovery of damages on an action not arising 
 out of contract, where the action is for injury to person or character, or for 
 wrongfully taking, detaining or converting property. 2. Where the action 
 is for a fine or penalty ; or for money received, or for property embezzled ; 
 or fraudulently misapplied by a public officer, or by an attorney, or an offi- 
 cer or agent of a corporation, or banking association in the course of his em- 
 ployment as such ; or by any factor, agent, broker, or other person in a 
 fiduciary capacity, or for any mis«'onduct in official or professional employ- 
 ment. 3. Where the action is to recover possession of personal i)ropei"ty, 
 unjustly detained ; where the same has been concealed, removed or disposed 
 of, with intent to prevent recovery, or deprive plaintilf of the benefit of it. 
 4. Where defendant has beeu guilty of a fraud in the transaction. 5. Where 
 the defendant has removed or disposed of his property, or is about to do so, 
 with intent to defraud his creditors. 
 
 . No female can be arrested in any civil action, except for a wilful injury to 
 person, character or property. 
 [N. Gar. 2.]
 
 610 NORTH CAROLINA. 
 
 Assignments and Insolvency. — An insolvent debtor may be discharged 
 by tiling petition and making assignments of property to a trustee for benefit 
 of all creditors. But his subsequently acquired property (not exempt) is 
 liable fur the satisfaction of his debts. No creditor not having received 
 notice is bound by the discharge. Any creditor may suggest fraud, and on 
 fraud or concealment being found by jury, judgment will be that debtor be 
 imprisoned until a full and fair disclosure of all his money, property or 
 effects be made. Voluntary assignments are only good against creditors 
 from registrati(m. A debtor may, in assignment, prefer one creditor to 
 another. 
 
 Attachment. — A ^Yarrant of attachment against the property of one or 
 more defendants in an action, may be granted upon the application of the 
 plaintiff, when the action is to recover a sum of money only, or damages for 
 one or more of the following causes : 1. Breach of contract, express or im- 
 plied. 2. Wrongful conversion of personal property. 3. Any other injury 
 to personal property, in consequence of negligence, fraud, or other wrongful 
 act. 
 
 The warrant of attachment may be granted to accompany the summons, 
 or at any time after the corninencement of the actions. Personal service of 
 the summons must be made upon the defendant against whose property the 
 attachment is granted, within thirty days after the granting thereof, or else 
 upon the expiration of the same time, service of summons by publication, 
 must be commenced pursuant to an order obtained therefor, and if publica- 
 tion has been, or is tliereafter commenced, the service must be made com- 
 plete by the continuance thereof. 
 
 To entitle the plaintiff to such a warrant, he must show by affidavit to the 
 satisfaction of the court granting the same, as follows : 
 
 1. That one of the causes of action above specified exists against the de- 
 fendant. If the action is to recover damages for breach of contract, the de- 
 fendant must show that the plaintiff is entitled to recover a sum stated 
 therein, over and above all counter-claims known to him. 2. That the de- 
 fendant is either a foreign corporation, or nut a resident of the state; or, if 
 he is a natural person, and a resident of the state, that he lias departed 
 therefrom, with intent to defraud his creditors, or to avoid service of sum- 
 mons, or keeps himself concealed therein with like intention ; or, if the de- 
 fendant is a natural person, or a domestic corporation, that he or it has re- 
 moved, or is about to i-emove, property from the state, with intent to defraud 
 his or its creditors ; or has assigned, dispo.sed of, or secreted, or is about to 
 assign, disi)Ose of, or secret property witli the like intent. 
 
 Before issuing the warrant, the officer issuing the same shall require a 
 written undertaking on the part of the plaintiff, with sufficient surety to 
 the effect, that if the defendant recover judgment, or the attachment be set 
 aside by order of the court, the plaintiff will pay all costs that may be 
 awarded to the defendant, and all damages wliich he may sustain by reason 
 of the attaciiment, not excet^ding the sum specified in the undertaking, 
 which shall be at least two hundied dollars. 
 
 Chattel Mortgages.— It is a misdemeanor to dispose of property covered 
 by a chattel mortgage, with the intent to defeat the mortgagee's rights. 
 Chattel mortgages are not valid against third parties until registered in the 
 county where the mortgagor resides, or in case the mortgagor does not re- 
 side in the county where thecliattelsare situate, unless they consist of choses 
 iu action, in which latter the mortgage must be recorded in the county where 
 the martgagee resides. There is no statute requiring their renewal. Chat- 
 tel mortgages may be foreclosed by a suit in court or by sale, if the mortgage 
 contain a power of sale. 
 
 Claims against Decedents' Estates.— The debts of the decedent mu^t 
 
 be paid ill liie following order : v i . i
 
 NORTH CAROLINA. 611 
 
 Wirst Class. — Debts whicli b}' law have a specific; lien on property to an 
 amount not exceedini^ the value ot" such property. 
 
 Second Class. — Funeral expenses. 
 
 Third Class. — Taxes assessed on the estate of the deceased, previous to 
 his death. 
 
 Fourt/i Class. — Dues to the United States and to the state of North 
 Carolina. 
 
 Fifth Class. — .Judgments of any court of competent jari.sdiction within 
 this state, docketed and in force, to the extent to which they are a lien on the 
 property of the deceased at his death. 
 
 Sixth Class. — Wages due to any domestic .servant or mechanical or agri- 
 cultural laborer employed by the deceased, which claim for w.ages shall not 
 extend to a period of more than one year next preceduig the death; or if 
 such servant or laborer was employed for the year current at the decease, 
 then from the time of such employment ; for medical services within twelve 
 months preceding the decease. 
 
 . .Every debt must be paid pro rata, equally in its class. No executor, ad- 
 ministrator, or collector shall give to any debt any preference whatever, 
 either by paying it out of its class or by paying thereon an undue proportion 
 in its class. 
 
 No property or assets of the decedent shall bo retained by the executor, 
 administrator or collector in satisfaction of his own debt, in preference to 
 others of the same class ; but such debt must bo established upon the same 
 proof and paid in like manner and order as required by law in caso of other 
 debts. 
 
 Every executor, administrator and collector, within twenty days after the 
 granting of letters, shall notify all j)ei-sons having claims against the dece- 
 dent, to exhibit the same to such executor, administrator or collector, at or 
 before a day to be named in such notice. The notice shall be published once 
 a week, for six weeks in a newspaper (if any there be) ])ublished in the 
 county, provided, that the cost thereof shall in no case exceed two dollars 
 and fifty cents. 
 
 In an action brought on a claim which was not presented within twelve 
 months from the first publication of the general notice to creditors, the ex- 
 ecutor, administrator or collector shall not be chargeable for any assets that 
 he may have paid in satisfaction of any debts, legacies or distributive shares, 
 before such action was commenced ; nor shall any costs be recovered in such 
 action against the executor, administrator or collector. 
 
 Corporations. — Corporations may be formed under the general statute, 
 either with or without personal liability of stockholders, by filing and re- 
 cording a plan of incorporation, duly signed in the office of the clerk of the 
 superior court., of the county where the principal office of the company is to 
 be located. They may also be created by a special act of the legislature. 
 Corporations shall continue in existence tiiree years after expiration of their 
 charters to close up their business. For this purpose, a receiver or trustee may 
 be appointed. Every contract of every <;ori)oration, by whicli a liability may 
 be incurred by the company exceeding 6100, shall be in writing, and either 
 under the common-seal of the corporation or signed by some officer of the 
 company authorized therett). Deed of corporation must bo signed by presi- 
 dent and two other members of tlu* corporation. 
 
 Courts. — Jiirisdictioa of : 
 
 Supreme Court. — This court, consisting of a chief justice and two associ- 
 ates, lias jurisdiction to review on appeal any decision of the courts below, 
 upon any matter of law or legal inference, and to decide upon appeal ques- 
 tions and issues of fact in purely equitable causes. 
 
 The terms of supreme court arc held at Raleigh on the 1st Monday in 
 February and last Monday in September. 
 • [N.Oal.4.1
 
 612 NORTH CAROLINA. 
 
 Si(perior Courts. — The superior courts have jurisdiction for money dejnand 
 ■where the principal sum demanded exceeds $200, also whenever title to real 
 estate is involved, also of all criminal actions in which the punishment may- 
 exceed a fine of fifty dollars or imprisonment for one month. 
 
 Justices^ Courts. — Justices of the peace have jurisdiction of all civil actions, 
 founded on contract when the principal of the sum demanded does not ex- 
 ceed $300 ; also of civil actions not founded on contract wherein the value of 
 the property in dispute does not exceed $50. They are always open for busi- 
 ness. 
 
 Inferior Courts, may be established by the magistrates of a county to try 
 petty offences ; they liave no civil jurisdiction. 
 
 Court Calendar. — 
 
 Chirf Justice Supreme Court, Morrison R. Waite, of Ohio. Circuit Judge, Hugh Ij'^ 
 Bond, of Baltimore, Md. Clerk, N. J. Riddick, Rakngh, N. O. 
 
 'Jerms.—At Raleigh 1st Monday in June and last Monday in November. 
 
 UNITED STATES DISTRICT COURT. 
 
 Eastern District.— Judae, Augustus S. Seymour, of New Berne. Attorney, Fabins- 
 H. Busbce, of Raleigh. Marshal, V. V. Richardson, Raleigh. Clerks, W. C. Brooks, 
 Elizabeth City ; R. B. Lehman, New Berne . W. H. Shaw, Wilmington. 
 
 Ti3rms.~At Elizabeth City, 8d Mondays in April and October. At New Berno 4th 
 Mondays in April and October. At Wilmington 1st Monday after 4th Monday in 
 April and October. 
 
 Western District.— Judf/r, Robert P. Dick, of Greensboro. Attorney/, H.C.Jones, 
 Charlotte. Marshal, David Settle, Greensboro. Clerks, Jf>hn W. Paine, Greensboro ; 
 James K. Reed, Asheville; H. C. Cowles, Statesville and Charlotte. 
 
 Terms. — District and Circuits Courts. At Greensboro 1st Mondays in April and 
 October. At Statesville .Sd Mondays in April and October. At Asheville 1st Mon- 
 days in May and November. At Charlotte 2d Mondays in June and December. 
 
 SUPREME COURT. 
 
 Chief Justice, W. N. H. Smith. Associate Justices, A. S. Merriman and Thomas P- 
 Ashe. Attorney General, Theodore F. Davidson. Clerk, T. S. Keran. Marshai., Rob- 
 ert H. Bradley. 
 
 Terms. — Jst Alonday in February and last Monday in Septeniber. 
 
 SUPERIOR COURTS. 
 County. County Seat. Dist. When held. 
 
 Alamance . . .Graham 5 1st. ]SIon. March, 11th Mon. after 1st Mon. March 
 
 and ;^d Mon. after 1st Mon. September. 
 
 Alexander. . . Taylorsville . . 11 oth Mon. before 1st Mon. March and September. 
 
 Alleghany . . . Gap Civil !) od Mon. March and 1st Mon. September. 
 
 Anson Wadesboro . . . 7 8th Mon. before 1st Mon. March, 1st Mon. Sept., 
 
 each to be for the trial of criminal cases ; 8th. 
 Mon. after 1st Mon March, 12th ]S'on. after 1st 
 Mon. September, each to be for th ' trial of 
 civil cases alone. 
 
 Ashe JefTerson 10 4th Mon. March, 12th Mon. after 1st Mon. March, 
 
 2d Mon. before 1st Mon. September. 
 
 Beaufort. . . .Washington. . 1 M Mon. Ijefore 1st Mon. March, to be for the trial 
 
 of civil cases alone, except jail cases on the 
 criminal docket; 12th Mon. after 1st Mon. 
 March and Sept., each to continue 2 weeks. 
 
 Bertie Windsor. ... 2 8th Mon. after 1st Mon. March and September, 
 
 each to (•ontinue 2 weeks, and on the 4th Monl 
 before 1st Mon. March. 
 
 Bladen Elizabethtown.. 7 -"d Mon. March, 6th Mon. after l.st Mon. Sept 
 
 Brunswick. . . . Smithville. ... 7 5th Mon. after 1st Mon. March and 2d Mon .Sep. 
 
 Buncombe. . .Asheville.. . . 12 l.'ith Mon. after 1st Mon. Sept., 15th Mon. aft<^r 
 
 1st Mon. March, each to continue 2 weeks ; 2d 
 Mon. i\Iarch,ad Mon. before 1st Mon. Sept., 
 each to continue :i weeks. 
 
 Burke Morganton . . . 10 1st Mon. March, 4th Mon. before 1st Mon. Sept.. 
 
 e.ach to continue 2 weeks 
 
 Cabarrus Concord S 8th Mon. after 1st Mon. March and Sept 5th 
 
 Mon. before 1st Mon. March, the fall term to 
 be for the trial of criminal cases and such civil 
 cases .as do not require a jury; the .lanuary 
 term to be ff)r the trial of civil cases alone, 
 except jail cases on the criminal docket whero 
 a true bill has been found, but civil proces.n 
 may be returnable to all of said terms. 
 
 iN. Car.5.}
 
 NORTH CAROMNA. 
 
 613 
 
 Couny. 
 
 County Seat. 
 
 Dist 
 
 Caldwell . . . 
 •Camden . . . 
 •Carteret. . . . 
 Caswell . . . . 
 
 . Lenoir .... 
 . Camden C. H. 
 . Beaufort . . . 
 . Yuncyville . . 
 
 . 10 
 1 
 
 . c 
 
 5 
 
 ■Catawba . . . 
 
 . Newton .... 
 
 . 11 
 
 •Chatham. . . . 
 
 . Pittsboro . . . 
 
 5 
 
 Cherokee . . . 
 
 . Murphy. . . . 
 
 12 
 
 <'howan . . . 
 Clay 
 
 . Eden ton . . . 
 . Hayesville. . . 
 
 1 
 12 
 
 Cleveland . . 
 
 . Shelby .... 
 
 11 
 
 Colombus. . . 
 
 . Whitesville. . 
 
 7 
 
 Ci-aven .... 
 
 . New Berne. . . 
 
 2 
 
 Oimberland . 
 
 . Fuyetteville . . 
 
 7 
 
 Currituck. . 
 l>avidson . . 
 
 . Currituck C. H.. 
 . Lexington . . . 
 
 1 
 
 8 
 
 Davie .... 
 
 . Mocksville.. . . 
 
 9 
 
 I>are 
 
 Duplin . . . 
 
 . Manteo 
 
 . Kenansville . . 
 
 1 
 6 
 
 I>urham . . 
 
 . Durham .... 
 
 5 
 
 Kdgeoombe. . 
 
 . Tarboro 
 
 2 
 
 Forsythe. . . . 
 
 . Winston .... 
 
 9 
 
 Franklin. . . . 
 
 . Louisburg . . . 
 
 ;} 
 
 aaston . . . . 
 
 . Dallas 
 
 11 
 
 (fates. 
 
 Clraham. . . . 
 
 . Gatesville. . . . 
 . Robinsville . . 
 
 1 
 
 12 
 
 Granville.. . . 
 
 . Oxford 
 
 5 
 
 Greene . . . . 
 
 . Snow Hill. . . . 
 
 3 
 
 Guilford . . . 
 
 . Greensboro. . . 
 
 6 
 
 HaliCas . . . . 
 
 . Halifax 
 
 2 
 
 Harnett . . 
 
 Haywood . . 
 
 Henderson 
 
 Hertford . . 
 
 Hyde.. . . 
 [N. Car. 6.] 
 
 . Lillington . . . 
 , Wayncsville. . . 
 
 Henderson vi He. 
 , Winton 
 
 Swan Quarter . 
 
 lVhe7i held. 
 3d Mon. Marfh and 1st Mon. September. 
 
 2d Mon Mai'chand Heptenibr. 
 
 3d Mon. Maroli, 7th Mon. alter lat Mon. Sept. 
 
 otli Mon. after tlie 1st Mon. in March, 3d. Mon. 
 bofuro the tirst Mon. in Sept , loth. Mun. after 
 tlio 1st Mon. in September. 
 7tli Mon. before 1st Mon. March and September 
 each to continue 2 weeks. 
 
 3d Mon. before 1st Mon. March, i'tli Mon. after 
 1st Mon. March, 4th Mon. after l.st Mon. Sept., 
 the last term to continue 2 weeks. 
 
 11th Mon. alter 1st Mon. March, 6th Mon. after 
 1st Mon. Sept., each to continue 2 weeks. 
 
 4lh Mon. after ist Mon. March and September. 
 
 10th Mon. after 1st Mon. March, oth Mon. after 
 1st Mon. September. 
 
 5th Mon. after 1st Mon. March, 4th Mon. before 
 1st Mon. September, eadi to continue 2 weeks ; 
 7tli Mon. alter 1st Mon. September. 
 
 7th INIon. before 1st Mon. March, 4th Mon. after 
 1st Mon. in March, 5th Mon. before 1st Mon. 
 September. 
 
 12th Mon. after 1st Mon. March and September, 
 3d Mon. before 1st Mon. March, each to con- 
 tinue 2 weeks, and the last to be for the trial of 
 civil (•ases alone. 
 
 6th Mon. before 1st Mon. March, 6th Mon. be- 
 fore 1st Mon. Sept., each to be for the trial of 
 criminal cases ; 9th Mon. after 1st Mon. March, 
 10th Mon. after 1st Mon. Sept., the last 2 terms 
 to continue 2 weeks, and to be for the trial of 
 civil cases alone. 
 
 1st Mon. March and September. 
 
 1st Mon. March and Sept., each to continue 2 
 weeks ; 13tli Mon. after 1st Mon. March, Sept. 
 
 4th Mon. after 1st Mon. March, 5th Mon. after 1st 
 Mon. September, each to continue 2 weeks. 
 
 9th Mon. after 1st Mon. March and September. 
 
 3d Mon. before 1st Mon. in March, l2tli Mon. 
 after 1st Mon. September, eacli to continue 2 
 weeks; 1st Mon. September. 
 
 Tth Mon. l>efore tlie 1st Mon. in March ; 3d Mon. 
 after the 1st Mon. in March; 13tli Mon. after 
 the 1st M(m. in Marcli ; 6th Mon. after the 1st 
 in Septemi)er, 
 
 6tli Mon. after.lst Mon. March, September, each 
 to continue 2 weeks. 
 
 4th Mon. before 1st Mon. March, 11th Mon. after 
 1st Mon. Marcli, 7th Mon. after 1st Mon. Sept., 
 each to continue 2 weeks. 
 
 6th Mon. before the Is I Mon. in March, 6th Mon. 
 after the 1st Mon. in March, each to continue 
 2 weeks • 10th Mon. after the 1st Mon. in Sept. 
 
 3d Mon. March, 5th Mon. after 1st Mon. Sep- 
 tember, each to continue 2 weeks. 
 
 5th Mon after 1st Mon. March and September. 
 
 l;',th Mon. after 1st Mon. March, 8th Mon. after 
 1st Mon. September. 
 
 5th Mon. before 1st Mon. March, 7th Mon after 
 1st Mon. March, 2d Mon. September, 12tli Mon. 
 aflor 1st Mon. Sept., each to continue 2 weeks. 
 
 4tli jNIon. after Isl Mon. March and September, 
 each to continue 2 weeks. 
 
 2d Mon. before 1st Mon March, 12th Mon. after 
 1st Mon. March, 1st Mon. before 1st Mon. Sept , 
 1 Ith Mon. after 1st Mon. September. 
 
 8th Mon before 1st Mon. Mar., to be for the trial 
 of civil cases alone ; 1st Mon. March to be for 
 the trial of civil cases alone, except jail cases 
 on the criminal docket; 10th Mon. after 1st 
 Mon. Marcli, Sept., each to continue 2 weeks. 
 
 4tli Mon. before 1st Mon. March and September. 
 12th Mon. after 1st Mon. Sei)fenil)er. 
 
 5th Mon. after 1st. Mon Marcii. 2d Mon. Sep- 
 temi)er, each to continue 2 weeks. 
 
 3d Mon. before Ist Mon. March, 7th Mon. before 
 Ist Mon. September, each to continue 3 weeks. 
 
 Gtli Mon after 1st Mon. Marcli, September, 15th 
 Mon. after ,st Mon. March. 
 
 10th Mon. after 1st Mon. March and September.
 
 614 
 
 NORTH CAROLINA. 
 
 County. County Seat. 
 
 Iredell Statesville . 
 
 Jackson Webster . . . 
 
 Johnston .... Bmithfield . 
 
 Jones Trenton . . 
 
 J^noir Kinston . . 
 
 Lincoln Lineolnton . 
 
 McDowell . . .Marlon.. .. 
 
 Macon Franklin . . 
 
 Madison .... Marshall , . 
 
 Martin Williamson 
 
 Mecklenburgh .Charlotte.. 
 
 Mitchell . . . 
 Montgomery.. 
 Moore 
 
 Nash 
 
 New Hanover 
 
 Bakersville. 
 
 Troy 
 
 , Carthage . . 
 
 . Nashville. . 
 , Wilmington 
 
 Randolph. . . 
 Richmond . . 
 
 Robeson . . . 
 
 Rockingham. 
 Rowan . . . . 
 
 Dist 
 
 8 
 
 Rutherford . . 
 Sampson. . . . 
 
 Northampton . Jackson 2 
 
 Onslow Jacksonville . . 6 
 
 Orange Hillsborough . 5 
 
 Pamlico .... Stonewall ... 1 
 Pasquotank . . Elizabeth City.. 
 
 Pender liurgaw 6 
 
 Perquimmans. .Hertford .... 1 
 
 Person Roxboro .... 5 
 
 Pitt Greenville ... 3 
 
 Polk. Columbus. 
 
 Ashboro .... 8 
 Rockingham . . 7 
 
 Lumberton ... 7 
 
 , Wentworth . . 9 
 
 Salisbury .... 8 
 
 . Rutherford ton.. 11 
 
 Clinton 6 
 
 When held. 
 4th Mon. before Ist Mou. March, September, 
 
 nth Mon. after l.st Mon. March, !)th Mon. after , 
 
 1st Mon. September, each to continue '2, weeks. 
 7th Mon. after 1st Mon. Marcli, to continue 2 
 
 weeks ; 4th Mon. September. 
 3d Mon. before 1st Mon. M;'.rch, Sept., 10th Mon. 
 
 after 1st Mon Sept., each to continue 2 weeks. 
 4th Mon. March, 8th Mon. after 1st Mon. Sept. 
 4th Mon. before 1st Mou. March, 2d Mon. before 
 
 1st Mon. Sept.. 10th Mon. after 1st Mon. Sept., 
 
 the last two terms to continue 2 weeks. 
 4tli Mon. after l.st Mon. March and September. 
 10th Mon. after 1st Mon. March, oth Mon. after 
 
 1st Mon. September, each to continue 2 weelcs. 
 9th Mon. after 1st Mon. March, 4th Mon. after l.st 
 
 Mf)n. September. 
 1st Mon. before 1st Mon. March, oth Mon. before 
 
 1st Mon. Sept., 11th Mon. after 1st Mon. Sept., 
 
 each to continue 2 weeks, and the last term to 
 
 be for the trial of civil cases alone. 
 1st Mon. March, Sept., ir>th Mon. after 1st Mon. 
 
 Sept., each to continue 2 weeks, and the last 
 
 term to be for the trial of civil cases aloue, 
 
 except jail cases on the criminal docket. 
 1st Mon. before 1st Mon. March and September, 
 
 each to continue 3 weeks, and to be for the 
 
 trial of civil ca-ses alone. 
 6th Mon. after 1st Mon. March, 2d Mon. Septem- 
 ber, each to continue 2 weeks. 
 4th Mon. after 1st Mon. March and September, 
 
 the latter term to continue 2 weeks. 
 6th Mon. after 1st Mon. March, 3d Mon. before 
 
 1st Mon. September, 7th Mon. after 1st Mon. . 
 
 September, each to continue 2 weeks 
 8th Mon. after 1st Jlon. March, 11th ^lon. after 
 
 the 1st Mon. Sept., each to continue 2 weeks. 
 6th Mon. before 1st Mon. March, 6th Mon. after 
 
 1st Mon. March, od M<m. after 1st Mon. Se}> 
 
 tember, each to continue 2 weeks and to be for 
 
 tlie trial of civil cases alone. 
 6th Mon. before 1st Mon. March, to be for the 
 
 trial of civil cases alone, except jail cases on 
 
 the criminal docket; 4tli Mon. after 1st Mon. 
 
 March, Sept., each to continue 2 weeks, 
 4th Mon. after 1st Mon, March, 9th Mon. after 1st 
 
 Mon. September. 
 2d ISlon. after 1st Mon. March, 4th Mon. before 
 
 1st Mon. Sept., Oth Mon. after 1st Mon. Sept. 
 11th Mon. after 1st Mon. March and September, 
 .'id Mon. Mar., Sep., 1 1th Mon. after 1st Mon. Mar. 
 1st ]Mon. before 1st Mon. March, 9th Mon. after 
 
 1st Mon. March, 2d Mon. September. 
 4tli Mon. March and September. 
 Cth Mon. after 1st Mon. March, 2d Mon. before 
 
 1st Mon. Sept., 11th Mon. after 1st Mon. Sept. 
 Sth Mon. before 1st Mon. March, for trial of 
 
 criminal cases alone; 2d Mon. after 1st Mon. 
 
 Mach, Sept., 14th Mon. after 1st Mon. in March. 
 
 for the trial of civil cases alone, each to con- 
 tinue 2 weeks. 
 9th Mon. after 1st Mon. March, 10th Mon. after 
 
 1st Mon. September, 
 od Mon. March, Sept., each to continue 2 weeks. 
 .')d IMon. before 1st Mon, iMurch, od Mon. Sept., 
 
 each to continue 2 weeks; l:;th Mon. after 1st 
 
 Mon. March, 13th Mon. after 1st Mon. Sept. 
 Sth Mon. before 1st Mon. INfar.h, Ilth Mon. after 
 
 1st Mon. March, 2d Mon. before 1st Mon. Sept., 
 
 4th Mon. after 1st Mon. Sept., each to continue 
 
 2 week.s. 
 6th Mon. before 1st Mon. March, Sept., each to 
 
 continue 2 weeks; 9th Mon. afterlst Mon. Sep. 
 2d Mon. before 1st Mon. JNIarch, Sept., 9th Mou. 
 
 after 1st Mon. Mar.,-h, 11th Mon. after 1st Mon. 
 
 September, eich to continue 2 weeks. 
 7th ]\I()n. afterlst Mon. March, Sth Mon. aft«r 
 
 1st Mon. Soptembor, each to continue 2 weeks. 
 1st Mon. before 1st Mon. March, to be for the trio 1 
 
 of civil cases alone ; '5th Mon. afler 1st Mon. 
 
 Sept., each to confine 2 weeks ; 8th Mon. after 
 
 1st Mon. March, 14th Mon. after 1st Mon. Sept. 
 
 [N. Cal. 7.].
 
 NORTH CAROLINA. 
 
 615 
 
 Ojunly. County Seal. 
 
 Stanley Albemarle . , 
 
 Stokes Danbury. . . 
 
 Burry Dobson .... 
 
 Rwaln Charl(!Ston. . . 
 
 Transylvania. . Brovarilo . . . 
 
 Tj'rrel fjolunihia. . , 
 
 Union Monroe ... 
 
 "Vance Henderson.. , 
 
 Wake Raleigh ... 
 
 />!,■;'. 
 
 When lir'cL 
 
 Warren \\'arrf;nton.. 
 
 Washington . . Plymouth . 
 Watauga Boone.. . . 
 
 Wayne Goldsboro . 
 
 Wilkes Wilkesboro. 
 
 Wilsfin Wilson . . . 
 
 Yadkin Yadklnsvllle. 
 
 Yanfpy Burnsville . . 
 
 8 6th Mon. after kst Mon. March, (Ith Mon nftcr 1st 
 
 Mori. Sept , the latter Icnn to contir.nn 2 weeks. 
 
 9 Cth Mon. after 1st Mon. Mr.icli, Ith Mon. Ijcforo 
 
 1st Mon. Sept., lOtli Mon. after 1st Mon. (Sept., 
 the August term to continue 2 weeks 
 
 S 7th Mon. after 1st Mori. Mr.reh, t'd Mon. beforo 
 
 1st. Mon. Sept., lltli Mon. i.ft.r 1st. Jlon.Scpt., 
 
 tho August term to continue 2 \'.eclvs. 
 
 12 lllh iSlon.after 1st ISIoii. March, ill h Mon. after 1st 
 
 Mon (Sept., tlio last tcm 1.) continue 2 weeks. 
 
 12 1th Mon. after 1st Mon. JMiUvli, ist JMon. Kept. 
 
 1 8th Mon. after Isl. Mon. Ahuch and Scpt<!mber. 
 11 -Itli Mon. befoi'e 1st Mon. March, ta coiiliniie :'. 
 weeks; .'id Mon SejU., tocontinuc'2 week-jjand 
 1st week of each term to be for the trial ol 
 criminal cases alone. 
 
 ."? 2d Mon. before ]:;t Mon. March, 11 Mon. after 1st 
 Mon. March. (!th Mon. after 1st Mon. .Septem- 
 ber, each to continue 2 m'ccIvS 
 
 i 8th Mon. before 1st Mon. ^March, Sept., 4th.Mon. 
 March, Sept., each to continue 2 weeks and to 
 be for the trial of criminal cases, and no origi- 
 nal and final civil process to be returnable to 
 said tcrm.s; 1st Mon. before 1st M(m. March 
 and Sept., each to continue 2 MX'el^s; 7th Mon. 
 after 1st Alon. March, Sept., each to continue 
 3 weeks, the last 4 terms to be for the trial of 
 civil ca.ses alone. Ch. ],I>aws 1872-.'>, Ch. ?.07, 
 Laws ]87i», and acts amendatory of the same 
 are herel).v repealed. 
 3d Mon. Marcli, Sept., each to continue 2 weeks. 
 
 1 7th iMon. after 1st Mon. March and September. 
 10 5th Mon. after 1st Mon. March, loth Mon. after 
 1st Mon. March, 1st Mon. before 1st Mon. Sept. 
 
 4 5th Mon. before 1st Mon. March, Sept , 2d Mon. 
 Marcli, Sept., each to continue 2 weeks; Oth 
 Mon. after 1st Mon. March, Sept., the last 2 to 
 be for tlio trial of civil ca.ses alone. 
 
 9 1st Mon. March, 2d Mon. Sept., each to continue 
 2 weeks. 
 
 3 4th Mon. before 1st. Mon. March, to be for the 
 trial of civil cases alone, <'.xc<!pt jail ca.ses on 
 tlio criminal docket, to continue 2 weeics ; ISth 
 Mon. after 1st Mon. M.-ircli, to Cfjntinue one 
 week; 8th >ron. after 1st Mon. .Sept., each to 
 c<mtinue 2 weeks. 
 
 9 2d Mon. before 1st ]Mon. Mar<-h, Itb Mon. Sept.. 
 
 each to cr<ntinue 2 weeks. 
 10 8th Mon.aff'-T st Mon. March, 4th Mon. Sept.. 
 each to continue 2 weelts. 
 
 Deeds. — {See Form nf Acknofrkdrjmenl.) — T^o conveyance of land .shan 
 be good and available in law unlcs.s Iho f ame shall be ackno^ ledq;ed or proved 
 and registered in the county Vv- he re the l.md lies;an'i all doed.s so execute, 
 and registered shall be valid, and pas.s estate in land without livery of seizin, 
 attornment, or other ceremony whatever. An instniment for the conveyance of 
 land no longer requires seal in this state, and the word heirs is not necessarv 
 to convey a fee simple. If the deed convey husband's lands, it should contain 
 a clause releasing dower by the wife. 
 
 Descent and Distribution. — When any person shall die seized of any 
 inheritance, or of any right thereof, or entitled to any interest therein, 
 not having devised the same;, it shall descend tinder the following rules : 1st. 
 Every inheritance shall lineally descend forevcsr to the issue of the i)erRon who 
 died last seized, entitled or having any intere.'^t therein, but shall not lineally 
 ascend, except as hereinafter jirovidcd ; 2nd. Females shall inherit equally 
 to males, and younger with older children ; 3rd. Tl'.e lineal descendants of 
 any person deceased shall represt!nt their ancestor, and stand in same place 
 as the person himself would have done had he been living; 4th. On failure 
 of lineal descendants, and v.dieni inheritance! has been transmitted bj' descent 
 from an ancestor or has been derived by gift, devise, or settlement from a-i 
 ancestor, to whom the person thus advanced would, in the event of such 
 
 [N. Car. 8.]
 
 616 NORTH CAROLINA. 
 
 ancestor's death, have been the heir or one of the heirs, the inheritance shall 
 descend to the next collateral relations, capable of inheritance, of the person 
 last seized, who were of the blood of the ancestor, subject to the two pre- 
 ceding rules ; otli. On failure of lineal descendants, where the inheritance 
 has not been transmitted by descent or derived as aforesaid from an ancestor, 
 or where, if not so transmitted or derived, the blood of such ancestor is ex- 
 tinct, the inheritance siiall descend to the next coUatei-al relation capable of 
 inheritance, of the jjcrson last seized, whether of tlie paternal or maternal 
 line, subject to the second and third rules: 0th. Collateral relation of half 
 blood shall inlierit equally witli those of the wliole blood, and the degrees of 
 relationship shall bo computed according to the rules which prevail in 
 descents at common law, provided, that in all cases where the persons last 
 seized shall have left no issue capable of inheritance, or brother or sister, or 
 issue of such, the inheritance shall vest in the father if living, if not, in the 
 mother if living ; 7th. No inheritance shall descend to any person, as heir of 
 the person last seized, unless such person sliall be in life at the death of the 
 person last seized, or shall be born in ten lunar months after death of the 
 l^erson last seized ; 8th. When any person shall die, leaving none who can 
 claim as heir to him, liis widow shall be deemed his heir, and as such shall 
 inherit his estate ; 9th. When there shall be no legitimate issue, every illegit- 
 imate child of the mother,and the descendant of any such child if deceased, 
 shall be considered an heir, and as such shall inherit Iier estate, but such child 
 or descendant sliall not be allowed to claim as representing such mother, any 
 part of the estate of her kindred, either lineal or collateral ; 10th. Illegitimate 
 children shall be considered legitimate as between themselves and their 
 representatives, and tlieir estates shall descend accordingly in the same man- 
 ner as if they liad been born in wedlock. And in case of the death of any 
 such child or his issue, without leaving issue, his estate shall descend to such 
 person as would inherit, if all such children had been born in wedlock: pro- 
 vided, that when any illegitimate child shall die without issue, his inheritance 
 shall vest in the mother, in the same manner as it is provided in rule six ; 
 1 1th. Every estate for the life of another, not devised, shall be deemed an 
 inheritance of the deceased owner ; 12th. Every ijerson, in whom a seizin is 
 required by any of these provisions shall be deemed to have been seized, if 
 he may have had any right, title or interest in the inheritance ; loth. The 
 children of colored parents, born at anytime before the first day of January, 
 one thousand eight hundred and sixty-eight, of persons living together as 
 man and wife, are hereby declared legitimate children of such parents or 
 either of tliom, with all the rights of heirs at law and next of kin, with re- 
 spect to the estate or estates of any such parents, or either of them. The 
 surplus of the estate, in case of intestacy, shall be distributed in the follow- 
 ing manner, except as hereinafter provided. 
 
 1st. If there are more than two children, one-third part to the widow of 
 the intestate, and all the residue by equal portions to and among the children 
 of the intestate, and such persons legally represent such children as may then 
 be dead; 2nd. If there are more than two children, then the widow shall 
 share e(iually with tlie children and be entitled to a child'spart ; Srd. If there 
 be no child nor legal representative of a deceased child, then one-half of the 
 estate sliall be allotted to the widow, and the residue be distributed to every 
 of the next kin to the intestate, who are in equal degree, and to these who 
 legally represent them ; 4th. If there be no widow, the estate shall be dis- 
 tributed, by equal i)ortions, among all the children and such persons as legally 
 represent such children as may be dead ; 5th. If there be neither widow nor 
 children, )ior any legal representative of the children, the estate shall be 
 distributed to every of the next kin of the intestate, who are in equal degree 
 and those who legally represent tliem ; 0th. But if at the time of the death, 
 of the father and in the lifetime of the mother, any of his children shall die 
 intestate, without wife or children, every brother or si.ster and the legal 
 representatievs of them, shall have an equal share with the mother of the 
 deceased child. 
 
 [N. Car. 9.]
 
 NORTH CAROLINA. 6lt 
 
 Form of Instructions and Forms for Depositions. 
 
 State of North Carolina, > 
 
 County ov . \ ' 
 
 Pursuant to the annexed commission directing the undersigned commis- 
 sioner to take tlie deposition of (and others, as the case may be), a wit- 
 ness (or witnesses) for the plaintiff (or defendant), to be read in evidence in 
 suit now pending in the su])erior court of county, wherein is plain- 
 tiff and is defendant, at my office, No. — , street, in the city of 
 
 and state of , on the day of , at nine o'clock a. m., the plaintiff 
 
 and defendant being present (or not present, as the case may be), in i)erson 
 
 (or represented by counsel), I i)roceeded to examine the said who, being 
 
 by me first duly sworn, deposes as follows: 
 
 First question. (Write out the question and an.swer. ) 
 
 The deposition should be read to the witness, and signed by him, and then 
 countersigned by the commissioner. 
 
 CERTIFICATE. 
 
 If , the commissioner named in the annexed commission, do hereby 
 
 certify that the evidence of the witness , was taken down under oath, 
 
 and subscribed by him in my presence, on the day of , 18 — , at my 
 
 office. No. , street, city of , county of and state of ■, and 
 
 that I have personal knowledge of said witness (or that proof of his identity 
 has been made before me), and I further certify that both (or neither, or only 
 one) of the said parties were present (or were represented by counsel) at the 
 taking of said deposition. 
 
 Witness my hand and seal this day of , 18 — . 
 
 [ SEAL. ] ( Commissioner. ) 
 
 Place the deposition in an envelope, and seal carefully and direct to clerk 
 of the court issuing the deposition, indorsing a memorandum, as follows : 
 
 c«. > Superior court, county. North Carolina. 
 
 Deposition of , taken by order of court in the above entitled action by 
 
 , commissioner. (Signed.) {Commissioner.) 
 
 £SEAL.] 
 
 Also enclose the notice given by the party taking the deposition, of the time 
 and place for taking the deposition, attaching same to the deposition. 
 
 If, for any reason, the deposition can not be taken or entered on the first 
 day set, the commissioner should adjourn to a certain hour on the next day, 
 and so, die ad diem, until the deposition can be taken. 
 
 Divorce and Alimony. — Marriage may be dissolved, and the parties there- 
 to divorced from t lie bonds of matrimony, on application of the party injured, 
 made as by law i)rovided, in the following cases : 1st. If either party shall 
 separate from the other, and live in adultery ; 2d. If the wife shall commit 
 adultery ; 3d. If either party at the time of the marriage wasand still is natur- 
 ally impoteitt ; 4th. If the wife at the time of the marriage, be pregnant, and 
 the husband be ignorant of the fact of such pregnancy, and be not tlie father 
 of the child with which the wife was pregnant, at the time of the marriage. 
 
 Tlio superior court may grant divorces from bed and board, on application 
 of the party injured, made as by law providcxl, in the following cases : 1st. 
 If either party shall abandon his or her family ; or 2d. Shall maliciously turn 
 the other out of doors ; or Sd. Shall by cruel or barbarous treatment, endang- 
 er the life of the other ; or 4th. Shall offer sn<!h indignities to the ]ierson of 
 the other as to render his or her condition intolerable and life burdensome ; 
 or 5th. Shall become an habitual«tlrunkard. 
 
 The material f icts in every complaint, asking for a divorce, shall be deemed 
 to be denied by the defendant, whether the same shall be actually denied by 
 pleading or not, and no judgment shall be given in favor of the plaintiff in 
 [N. Car. 10.1
 
 618 NORTH CAROLINA. 
 
 any such complaint until such facts have been found by a jury, and on suck 
 trial, neither tlie Iwisband or wife shall be a competent witness to prove the 
 adultery of the otlier, nor shall the admissions of either party be received as 
 evidence to prove such fact ; provided, tluit on the trial of any action for di- 
 vorce, on the ground of the pregnancy of the wife at the time of the marriage, 
 either party may testify as to any facts miiterial to such issue. 
 
 In all proceedings for divorce, the summons shall be returnable to the court 
 of the county in which the applicant resides. 
 
 After a judgment of divorce from the bonds of matrimony, all rights aris- 
 ing out of the marriage shall cease and determine, aiideither party may marry 
 again ; provided, that no judgment of divorce shall render illegitimate, any 
 children in esse, or begotten of the body of the wife during coverture. 
 
 After the tiling of a complaint in any proceeding for divorce, whether from 
 the bonds of matiimony, or from bed and board, b<Uh before and after final 
 judgment therein, it shall' be lawful for the judge of the court, in which sue!) 
 applicati(m is or was pending, to make such orders respecting the care, cus^ 
 tody, tuition and maintenance of the children of tlie marriage, as may be 
 proi)er, and from time to time modify or vacate such orders ; provided, that 
 no order respecting the children shall bo made on the application of either 
 party without five days' notice to the other party, unless it shall appear that 
 the party having the possession or control of such children, has removed or 
 is about to remove the children, or himself, beyond the jurisdiction of the 
 court. 
 
 Executions. — From superior court may issue immediately after the ternt 
 at which judgment was rendered, and are returnable at the next term. They 
 issue, as of course, at any time within three years after rendition of judgment ; 
 after three years have elap.sed, they issue only upon notice and leave ob- 
 tained. From justices' courts they issue at once, returnable in sixty days. 
 Stay of execution is granted as follows : Under $25, one month ; $25 to $50, 
 three months ; $50 to $100, four months ; above $100, six months. There is 
 no redemption on property sold on execution or mortgage. Notice of sale of 
 real estate under execution to be posted at four public places, including court 
 house, and advertisements to be made in county newspaper. 
 
 Exemption. — Every homestead, and dwellings and building used there- 
 with, not exceeding in value $1,000, to be selected by the owner thereof ; or 
 in lieu thereof, at the option of the owner, any lot in any city, town or vil- 
 lage, with the dwellings used thereon, owned and occupied by any resident 
 of the state, and not exceeding the value of $1,000. Personal property of the 
 value of $500. This law does not apply to debts contracted prior to August 
 20, 1868, or taxes, payment of i)urchase-money, or laborer's or mechanics* 
 lien. The exemptions allowed when the debt was contracted prior to August 
 20, 1868, are those that were in force at the time the debt was contracted. 
 
 Interest. — Six per cent, is the prescribed usual rate. Eight per cent, may 
 be stipulated for in writing. Rate on judgments and open accounts, six per 
 cent., iniless i>arties contract for higher rate, u^) to eight per cent., which 
 they may do. Taking, knowingly, a greater rate of interest, is forfeiture of 
 the entire interest, and in case a greater rate has been paid, the person who 
 has paid it, or his legal representatives, may recover back in an action in the 
 nature of an action in debt, twice ihe amoiuit of interest paid. Interest, if 
 not paid when due, bears simple interest — ''starts on a career of its own,"^ 
 i. e., when a time for payment of interest is specified, as, for instance, aimu- 
 ally. 
 
 Judgments. — In the superior court arc a lien from the time they are dock- 
 eted on all real property of defendant witliin the coiuity, and can be trans- 
 ferred to other counties by filing transcript. Judgments from justices' courts 
 are not a lien on real estate until docketed in superior court, or on i)ersonal 
 
 iN. Car. 11.1
 
 NORTH CAROLINA. Sl^ 
 
 property until levy is made. Lien continues ten years from time of docket- 
 ing. Justice court and supreme court judjjmonts may bo made judgments 
 of the superior court in all respects, by docketing tbem in said court. 
 
 Liens. — Any person who, by or with the con.sent of the owner or contract- 
 or of a buildintj or structure, performs labor or furnishes materials in cn;(;t- 
 ing, altering or repairing the same, may have alien upon the building and ilio 
 land on which it is situated, for the value of the said laboror materials to an 
 amount not ex<H;eding the agreed price or value of such labor or material.s, 
 remaining unpaid when the lion is filed ; notice of lien must be filed within 
 90 days after work is done. Tiie lien contimuis one year, unless proceedings 
 are taken as prescribed by the statute laws of 1885, ct. 343. 
 
 Limitations of Suits. — Actions on accounts, and contracts not under si al 
 must be commenced in three years, and a note under seal must becommen.'ud 
 within ten years, or the statvite of limitation may be pleaded against recov- 
 ery. In cases of fraud or mistake, cause of action does not accrue until the 
 discovery by the aggrieved party of the facts constituting such fraud or mis- 
 take. Revivor : Part payment or new promise in writing. 
 
 Married Women. — Retain their real and personal property acquired be- 
 fore or after marriage, as their separate estate, not liable for the debts or ob- 
 ligations of their husbands. But no woman under coverture, unless she be a 
 free trader, can make a binding contract, except for her necessary personal 
 expenses, or forthe support of the family, or for such as may be necessary in 
 order to pay her debts existing before marriage, without the written consent 
 of her husband. Widow's dower is one-third in value of all the lands and 
 real estate of which her husband was seized during her coverture. Statute 
 also allows a "year's allowance" out of the personal property of the hus- 
 band. 
 
 Mechanics' Liens. — Anymcclianicor artizan who shall make, alter, or re- 
 pair any article of personal property, at the request of the owner or legal 
 possessor, shall have a lien on such property for the value of his work done 
 or materials furnished, and may retain possession of the same until it shall 
 be paid. Liens may also be made on buildings for repairs and improvement . 
 
 Mortgages. — Must be registered within the county to be valid as against 
 creditors or subsequent purchasers, for a valuable consideration. IMortgage* 
 are foreclosed by action, except when a power of sale is given. Chattel mort- 
 gages and lien bonds must be registered. All conditional sales of personal 
 property in which title is retained by bargainor, must be reduced to writing 
 and registered in same manner and with the same legal effect as chattel 
 mortgages. 
 
 After December 1, 1885, absolute deeds are only good against creditors or 
 purchasers from registration. Title does not pass if purchaser has notice of 
 prior unregistered deed. 
 
 Notes and Bills of Exchange. — Bills of exchange (foreign), drafts, checks 
 and promissory notes, payable to bearer, the maker, or his order, or the order 
 of any third party, are negotiable. Throe days of grace are allowod on all 
 except inland sight drafts. If not paid when due, they may be protested, and 
 the certificate of protest is prima facie evidence of presentation and non-pay- 
 ment. To charge indorser, notice of non-payment must at once be given to 
 him. January 1st, February 2-2d, I\tay lOth and 20th, July 4th, December 
 25, any general election day, and any day appointed or recommended by the 
 president of the United States, or the governor of the state as a day of thanks- 
 giving or of fasting and prayer, arc holidays, and notes, bills, etc., otherwise 
 presentable for payment or acceptance on one of such days, are presentable 
 on the secular or business day next preceding such holiday. 
 [N. Car. 12.]
 
 <520 NORTH CAROLINA. 
 
 Partnership. — Limited partnerships may be formed for the transaction of 
 Tocrjautile, manufacturing or mechanical business by acknowledgmg and 
 registering a certificate, setting fortli the name of the firm, the general na- 
 ture of the business, the names of the general and special XJartners, and the 
 period at which such partnership is to commence and terminate. The terms 
 of the partnership must be pixblished immediately after its formation for 
 «ix successive weeks. 
 
 Redemption. — Property sold under execution or foreclosure of mortgage 
 •cannot be redeemed, but land sold for taxes may be redeemed within twelve 
 months from date of sale. 
 
 Replevin. — Tlie form of action known as replevin is abolished, and there 
 is substituted "Claim and Delivery of Personal Property." Plaintiffs must 
 tile an affidavit alleging the facts, and give an undertaking in double the . 
 amount of the property. 
 
 Submitting a Controversy Without Action. — Parties to a question in 
 <3itterence may, without action, agree upon a case containing the facts, and 
 «ubmit the same to any court having jurisdiction, and the judgment ren- 
 •dered may be enforced as if it had been rendered in an action, and is subject 
 in like manner to an appeal. 
 
 Stay ot Execution. — Judgments in justices' courts only may be stayed, 
 npon security given, if asked for at the trial, as follows : For any sum noi 
 exceeding $25, one month ; for any sum above $35, and Tiot exceeding $50, 
 three months ; for any sum above 850 and not exceeding $100, four months ; 
 for any sum above $100, six months. No stay is allowed in a suit upon a 
 former judgment. 
 
 Supplementary Proceedings. — Upon the return of an unsatisfied execu- 
 tion, and it appears that the judgment debtor has property which he un- 
 justly refuses to the satisfaction of the judgment, the creditor is entitled to 
 have the debtor examhied by the court or a referee concerning his property, 
 and eitlier party may examine witnesses. Any person indebted to the judg- 
 ment debtor may be required to appear and testify as to his indebtedness. 
 
 Taxes. — Before the sheriff can levy for taxes upon real estate the personal 
 property must be exhausted. Thirty days before the sale of the land of the 
 delinquent, the sheriff shall give him personal notice, if he be in the county ,^ 
 if not, he shall give liis agent notice, if there be one, and shall mail a notice 
 to the delinqu mt, if his address can be ascertained. If no one will pay the 
 taxes for a portion of the hind, the state shall become the purchaser. The 
 delinquent, his agent or attorney, may redeem the property, within twelve 
 jnonths, by paying or tendering the i)urchaser the amount paid by him, and 
 twenty-five per cent, in addition thereto. 
 
 Wills. — No person shall be capable of making a will until he shall attain 
 the age of twenty-one years. Wills may be executed in writing, signed by 
 the testator or some other person in his presence, by two or more witnesses 
 at least, no one of whom shall be interested in the devise or bequeath. 
 Holygraph wills may be written, if written altogether by the testator himi- 
 >5elf'aud found after his death, among his valuable papers and effects, or 
 lodged in the hands of some person for safe keeping. Nuncupative wills, 
 when the estate exceeds 8300, must be made in the i)resence of at least two 
 credible witnesses, who must state that they were specially made to bear 
 witness thereto. Tlieymust have been made in the testator's last sickness, in 
 his own habitation, or wliere he had been previously resident for at least ten 
 days, unless he died on a journey or from home. They shall not be proved 
 after six months after the making. Wills made out of the state and devis- 
 ing real property situate within this state, must be executed according to the 
 laws of this state. 
 
 [N. Car. 1).]
 
 NORTH CAROLINA, 
 
 621 
 
 ATTORNEYS IN NORTH CAROLINA. 
 
 Bold Face Type denotes county seats. A clash (— ) less than 100 population. 
 Figures after names, when admitted to the Bar. A star (*) Notaries Public. 
 A double dagger (1) our Compiler of Laws. 
 A dagger (t) former recommendation withdrawn. 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OP ATTORNEYS. 
 
 rOPULA'X- 
 
 Albemarle 
 
 Stanley 
 
 Pemberton Jerome. 
 
 350 
 
 Ashborough 
 
 Randolph 
 
 M. S. Robbins. 
 
 350 
 
 Asheville 
 
 Buncombe 
 
 5 T. H. COBB, '76. 
 i t Wm. M. Cocke, Jr. 
 
 5,00<> 
 
 Bayborough 
 
 Pamlico 
 
 W. T. Caho. 
 
 500 
 
 Beaufort 
 
 Cateret 
 
 C. R. Thomas, Jr. 
 
 2,500 
 
 Boone 
 
 Watauga 
 
 L. L. Green. 
 
 400 
 
 Brevard 
 
 Transylvania 
 
 W. A. Gash. 
 
 40O 
 
 Burgaw 
 
 Pender 
 
 John T. Bland. 
 
 200 
 
 Burnsville 
 
 Yancy 
 
 W. M. Moore. 
 
 800- 
 
 Camden C H 
 
 Camden 
 
 C. M. Fenbee, 
 
 ;ioo 
 
 Carthage 
 
 Moore 
 
 W. J. Adams. 
 
 850 
 
 Chapel Hill 
 
 Oi'ange 
 
 JAMES B. MASON. 
 
 881 
 
 Charleston 
 
 Swain 
 
 A. M. Fry. 
 
 185 
 
 Charlotte 
 
 Mechlenburg 
 
 Wm. C. Maxwell. 
 
 10,000 
 
 Clinton 
 
 Sampson 
 
 J. L. Stewart. 
 
 1,000 
 
 Columbia 
 
 Tyrcll 
 
 R. P. Felton. 
 
 371 
 
 Columbus 
 
 Polk 
 
 C. A. Carson. 
 
 108 
 
 Concord 
 
 Cabarrus 
 
 W. G. Means. 
 
 1,800 
 
 Currituck C H 
 
 Currituck 
 
 W. R. Gordon. 
 
 20 
 
 Dallas 
 
 Gaston 
 
 R. W. Sandifer. 
 
 50O 
 
 Danbury 
 
 Stokes 
 
 F. R. Dearmon. 
 
 160 
 
 Dobson 
 
 Surry 
 
 T. W. Folger. 
 
 150 
 
 Edenton 
 
 Chowan 
 
 J. Wood. 
 
 2,000 
 
 Elizabeth City 
 
 Pasquotank 
 
 E. F. Lamb. 
 
 3,250 
 
 Elizabethtown 
 
 Bladen 
 
 R. H. Lyon. 
 
 212 
 
 Enfield 
 
 Halifax 
 
 S. S. Alsop. 
 
 1,000 
 
 Fayetteville 
 
 Cumberland 
 
 J. W. Hinsdale. 
 
 5,000 
 
 Franklin 
 
 Macon 
 
 Geo. A. Jones. 
 
 400 
 
 Franklinton 
 
 Franklin 
 
 N. Y. Gulley. 
 
 1,000 
 
 Gatesville 
 
 Gates 
 
 L. L. Smith. 
 
 300 
 
 Goldsborough 
 
 Wayne 
 
 AYCOCK & DANIELS. 
 
 3,28r> 
 
 Graham 
 
 Alamance 
 
 F. H. Whitaker, Jr. 
 
 500 
 
 Greensborough 
 
 Guilford 
 
 Scott & Caldwell. 
 
 3,500 
 
 (ireeiiville 
 
 Pitt 
 
 Latham, Skinner & Blow. 
 
 2,000 
 
 Halifax 
 
 Halifax 
 
 R. O. Burton. 
 
 500 
 
 HayesvUle 
 
 Clay 
 
 M. R. Kimsey. 
 
 200 
 
 Hendersonville 
 
 Henderson 
 
 H. G. Ewart. 
 
 80O 
 
 Hertford 
 
 Perquiniaus 
 
 T. 6. Skinner, 
 
 661 
 
 Hickory 
 
 Catawba 
 
 F. L. Cline. 
 
 2,000
 
 €22 
 
 NORTH CAROLINA. 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. 
 
 popula'n. 
 
 U\i;h Point 
 
 Guilford 
 
 F. T. Baldwin. 
 
 2,000 
 
 Hiilstorough 
 
 Orange 
 
 A. W. Graham. 
 
 1,000 
 
 Jackson 
 
 Northampton 
 
 R. B. Peebles. 
 
 300 
 
 Jacksonville 
 
 Onslow 
 
 T. E. Oilman. 
 
 100 
 
 Jefferson 
 
 Ashe 
 
 Q. F. Neal. 
 
 210 
 
 Kenansville 
 
 Duplin 
 
 H. R. Kornegay. 
 
 350 
 
 Kinston 
 
 Lenoir 
 
 Wooten & Hill. 
 
 3,500 
 
 Lenoir 
 
 Cahlwell 
 
 C. A. Cilley. 
 
 600 
 
 Lexington 
 
 Davidson 
 
 U. H. Pennix. 
 
 1,600 
 
 Lillington 
 
 Harnett 
 
 D. H. McLean. 
 
 122 
 
 Lincolnton 
 
 Lincoln 
 
 B. C. Cobb. 
 
 1,400 
 
 Louisbnrgh 
 
 Franklin 
 
 C. M. Cooke. 
 
 1,000 
 
 Lumberton 
 
 Robeson 
 
 Rowland & McLean. 
 
 800 
 
 Manteo 
 
 Dare 
 
 W. D. Chaddic. 
 
 75 
 
 Marion 
 
 McDowell 
 
 P. J. Sinclair. 
 
 600 
 
 Marshall 
 
 Madison 
 
 J. S. McElroy. 
 
 300 
 
 Mocksville 
 
 Davie 
 
 T. B. Bailey. 
 
 500 
 
 Monroe 
 
 Unison 
 
 Covington & Adams. 
 
 2,000 
 
 Morganton 
 
 Burke 
 
 J. G. Byrum. 
 
 861 
 
 Mr. Airy 
 
 Surry- 
 
 W. F. CARTER. 
 
 850 
 
 Murfrecsborough 
 
 Hertford 
 
 WINBORNE & BRO. 
 
 1,500 
 
 Murphy 
 
 Cherokee 
 
 P. P. Axley, '08. 
 
 300 
 
 Nashville 
 
 Nash 
 
 Jacob Battle. 
 
 150 
 
 Newberne 
 
 Craven 
 
 Owen H. Guion. 
 
 6,443 
 
 Newton 
 
 Catawba 
 
 R. J. Sliipp. 
 
 2,800 
 
 Oxford 
 
 Granville 
 
 T. L. Hargrave. 
 
 2,200 
 
 Pittsborough 
 
 Chatham 
 
 T. B. Womack. 
 
 400 
 
 Plymouth 
 
 Washington 
 
 S. B. Spruill, Jr. 
 
 2,000 
 
 IRaleigh 
 
 Wake 
 
 5 t John W. Hinsdale. 
 
 ^ See Card m Appendix, page 
 
 XV. 14,000 
 
 Randleman 
 
 Randolph 
 
 John C. Troy. 
 
 1,600 
 
 Reidsville 
 
 Rockingham 
 
 Thomas Little, Jr. 
 
 4,000 
 
 Hockingham 
 
 Richmond 
 
 Cole & McNeill. 
 
 1,200 
 
 Robbinsville 
 
 Graham 
 
 {See Charleston) 
 
 — 
 
 Roxborough 
 
 Person 
 
 Winstead & Terry. 
 
 200 
 
 Rutherfordton 
 
 Rutheford 
 
 M. H. JUSTICE, '68. 
 
 500 
 
 Salisbury 
 
 Rowan 
 
 Thos. F. Kluttz. 
 
 3,800 
 
 Shelby 
 
 Cleveland 
 
 Gidney & Webb. 
 
 1,600 
 
 Smithfield 
 
 Johnson 
 
 L. R. Waddell. 
 
 1,000 
 
 Smithville 
 
 Brunswick 
 
 A. Ross. 
 
 508 
 
 Snow Hill 
 
 Greene 
 
 Theo. Edwards. 
 
 400 
 
 Sparta 
 
 Allegany 
 
 W. C. Fields. 
 
 148 
 
 State sville 
 
 Iredell 
 
 Robbins & Long. 
 
 3,500 
 
 Swan Quarter 
 
 Hyde 
 
 {See Columbia) 
 
 — 
 
 Tarborough 
 
 Edgecoml) 
 
 Howard & Martin. 
 
 1,600 
 
 Taylorsville 
 
 Alexander 
 
 R. Z. Linney. 
 
 400 
 
 Trenton 
 
 Jones 
 
 P. M. Pearsall. 
 
 200 
 
 Troy 
 
 Montgomery 
 
 B. F. Simmons. 
 
 200 
 
 Wadesborough 
 
 Anson 
 
 R. T. Bennett. 
 
 1,300 
 
 Warrenton 
 
 Warren 
 
 C. A. Cooke. 
 
 1,200 
 
 Washington 
 
 Beaufort 
 
 JOHN H. SMALL. 
 
 3,000 
 
 Wajruesville 
 
 Haywood 
 
 G. S. Ferguson. 
 
 700 
 
 Webster 
 
 Jackson 
 
 E. R. Hampton. 
 
 300 
 
 Weldon 
 
 Halifax 
 
 A. J. Burton. 
 
 1,100 
 
 Wentworth 
 
 Rockingham 
 
 Boyd & Johnston. 
 
 300 
 
 Whiteville 
 
 Columbus 
 
 Lewis & Schulken. 
 
 400 
 
 Wilkesborough 
 
 Wilkes 
 
 Cowles & Barber. 
 
 500 
 
 Williamston 
 
 iVIartiu 
 
 Moore & Stubbs. 
 
 615
 
 NORTH CAROLINA. 
 
 623 
 
 I'LACE. 
 
 COUNTY. 
 
 NAMKS OF ATTOUNKY?. 
 
 roiniT,.\ N. 
 
 Wilmington 
 
 Muw Hanover 
 
 Wni. Latimer. 
 
 17,301 
 
 Wilson 
 
 Wilson 
 
 Blount & Murray. 
 
 2,000 
 
 Windsor 
 
 Bertie 
 
 J. B. Martin. 
 
 700 
 
 Winston 
 
 Forsyth 
 
 R. B. KERNER, '82. 
 
 6,000 
 
 Winton 
 
 Hertford 
 
 Cowper & Picot. 
 
 353 
 
 Yadkin ville 
 
 'I'iulkin 
 
 T. C. Phillips. 
 
 129 
 
 Yanceyville 
 
 Caswell 
 
 Jolinston & Jolinston. 
 
 337 
 
 BANKS IN NORTH CAROLINA. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital ot one 
 bank in eacii county of tliis state In which sucJi a banking Institution is located. 
 
 .\shcville 
 
 Charlotte 
 
 Durham 
 
 Fayetteville 
 
 Fayetteville 
 
 Ooldsboro 
 
 Greensboro. 
 
 Jonesboro 
 
 Monroe 
 
 Mt. Airy 
 
 Murfreesboro 
 
 New Berne 
 
 Oxford 
 
 Raleigh 
 
 Raleigh 
 
 Raleigh 
 
 Reidsville 
 
 Reidsville 
 
 Salisbury 
 
 Tarboro 
 
 "Wadesboro 
 
 Wilmington 
 
 Wilson 
 
 Winston 
 
 Winston 
 
 NAME OF BANK. 
 
 Bank of Asheville 
 First National Bank 
 Bank of Durham 
 Fayetteville National Bank 
 People's National Bank 
 Bank of New Hanover 
 Nat Bank of Greensboro 
 Buchanan & Murchison 
 ■People's Bank of Monroe 
 Planter's Bank 
 Bank of Murfreesboro 
 Nat Bank of New Berne 
 Bank of Oxford 
 Citizen's National liauk 
 National Bank of Raleigti 
 State National Bank 
 Bank of Reidsville * 
 Citizen's Bank 
 First National Bank 
 Pamlico Ins. >k Banking Co 
 Bank of New Hanover 
 First National Bank 
 First National Bank 
 First National Bank 
 Wachovia National Bank 
 
 
 PAID UP 
 
 CASHIER. 
 
 CAPITAL. 
 
 D. C. Waddell. 
 
 $100,000 
 
 M. P. Peg ram. 
 
 300,000 
 
 P. A. Wiley. 
 
 50.000 
 
 William Husk. 
 
 200,000 
 
 G. P. McNeill. 
 
 125,000 
 
 R. P. Howell. 
 
 50,000 
 
 N. E. Ellington. 
 
 100,000 
 
 W. E. Murchison. 
 
 75,000 
 
 W. H. Fitzgerald. 
 
 46,000 
 
 G. D. Hensley. 
 
 25,000 
 
 G. W. Spencer, Asst. 
 
 7,000 
 
 G. H. Roberts. 
 
 100,000 
 
 W. B. Gulick. 
 
 40,000 
 
 Joseph G. Brown. 
 
 100.000 
 
 ('harles H. Belvin. 
 
 225,000 
 
 Samuel C. White. 
 
 100.000 
 
 R. M. Sloan. 
 
 50,000 
 
 R. L. Watts. 
 
 25,000 
 
 I. H. Foust. 
 
 50,000 
 
 M. Wedell. 
 
 34,000 
 
 M. P. Leak. 
 
 25,000 
 
 11, M. Bowdeu. 
 
 250,000 
 
 J. Hutchinson. 
 
 51,000 
 
 J. W. Alspaugh. 
 
 100,000 
 
 James A. Gray. 
 
 150,000
 
 STATE OF 
 
 OHIO. 
 
 SUMMARY OF 
 
 Collection Laws. 
 
 CouET Cai/Kndar, Instructions for taking Depositions, Legai* Foiois, Etc. 
 
 ExpKESsi^Y Prepared and Revised to Nov. 1st, 1SS7, Koii "Showers' 
 
 Legaij Directory and Merchants' Guide." for 1S88, by 
 
 Orris P. Coeb, of the Cincinnati Bar. 
 
 Acknowledgments. — May be taken by any judge or clerk of a court of 
 record, justice of tiio peace, notary public, commissioiier for Ohio, county 
 surveyor, mayor, or other presiding officer of au incorporated city or town in 
 this state. When executed, acknowledged and proved out of this state, in 
 accordance with the laws of the place where executed, they will be as valid 
 as if executed in this state. Husband must join in conveyance of wife's pro- 
 perty. Two witnesses are required to attest signatures in all matters affect- 
 ing real estate. Instruments of conveyance between husband and wife must 
 be signed, sealed and acknowledged by husband and wife, and attested by 
 two witnesses. Officer taking acknowledgment must certify that he exam- 
 ined the wife separate and apart from her husband, and made known to her 
 the contents of the instrument, that she voluntary signed, sealed and ac- 
 knowledged the same, and that she is still satisfied therewith as her act and 
 deed. 
 
 The above is the ol<i law which most lawyers in this state, still prefer to 
 use, but under law of 1887, husban(4 and wife need not join in the convey- 
 ance of the real estate of either, and no separate acknowledgment of the wifo 
 is required. 
 
 Acknowledgment and certificate thereof mutt bo on the same sheet on 
 which the deed is written. 
 
 Form of Acknowledgment. 
 
 State of Onio, ? 
 County of — . ^ *' " 
 
 Be it rememhered, That on this day of , A. D., 18 — , before 
 
 me, the subscriber, (a notary public or justice of the peace), personally came 
 
 • and , his wife, who acknowledged the signing and sealing of 
 
 the foregoing instrument to bo their voluntary act and deed, for the uses ami 
 purposes therein expressed.* 
 
 And the said , wife of the said , being examined by mu 
 
 separate and apart from her said hu.sband, and the contents of said instru- 
 
 *The above form down to the ivstcrlsk answers for u single or in.any unmarried 
 perBoaK. 
 
 fO. l.J
 
 OHIO. 625 
 
 ments made known and explained to herby me, did declare that she did volun- 
 tarily si<,'n, seal and acknowledge the same, and that she was still satisfied 
 therewith, as her free act and deed, for the uses and purposes tliereiu men- 
 tioned.! 
 
 Ill vitness tcliereof, I have hereunto set my hand and atHxcd my official 
 (notarial) seal, on the day and year last above written. 
 
 J. A. K., .y. 7'. or J. P. 
 
 Actions. — There is but one form of action, which is known as a civil 
 action. 
 
 The action must be prosecuted in the name of the real party in interest, 
 except that an executor, administrator, guardian, trustee of an express trust, 
 a person with whcmi or in whose name a contract is made for the benefit of 
 another, or a person expressly authorized by statute, may bring an action, 
 without joining with him the person for whose benefit it is prosecuted. 
 
 Administration. — If deceased leaves no will, letters of administration will 
 be granted on application 1st. To his wife ; 2d. To the next of kin in the or- 
 der of their priority. The costs of administration, expenses of last illness 
 and funeral expenses are preferred claims, and must be paid in full if the es- 
 tate is suftioient. 
 
 AJB^davits. — May be made in or out of this state, before any person au- 
 thorized to take depositions, and must be authenticated in the same way as 
 depositions, except that to affidavits verifying pleadings the certificate of the 
 officer, signed officially by him, shall be evidence that the affidavit was duly 
 made, that the name of the officer was written by himself, and that he was 
 such officer. 
 
 Form for proof of Account for suit in Ohio. 
 
 State op Ohio, i 
 
 County op , > ss. 
 
 City op . ) 
 
 , of lawful age, being duly , says that he is (of firm, state name 
 
 and names of all members) , claimant ; that the annexed account against 
 
 is just, true and correct, and is a tnie transcript thereof from the books 
 
 of original entry of the said ; that it is for goods sold and delivered 
 
 by the said to the said at request, at the dates and for the 
 
 prices therein specified ; that there is due thereupon from said to said 
 
 , the sum of dollars, besides interest from and after , no part of 
 
 which has been paid ; and that there is no just or legal set-off, credit or 
 
 counter-claim against said sum of , to deponent's knowledge and belief. 
 
 (Sig7iature.) 
 
 Sworn to and subscribed before me, , a (official title as commissioner, 
 
 notary or justice of the peace ; if justice of the peace, his official character 
 should be certified), this, the day of , A. D., 18 — , at . 
 
 Witness my hand and official .seal on the day and year, and at — — . 
 [seal.] (Sig nature.) 
 
 Affidacit in 2}ro<f of claim afjainst Insolvent Debtor, in Ohio. 
 State op Ohio, 
 
 COUMTY OF 
 
 ss. 
 
 Before me personally appeared , wlio, being duly sworn, says that 
 
 he is (a member of the firm of , composed of ) , the 
 
 ■j-This clause is omitted where acknowledgment is by an unmarried person. 
 [O. 2.]
 
 626 OHIO. 
 
 owner — of the claim hereunto attached ; that said claim is just and lawful ; 
 that the consideration therefor is (state it, viz. : goods sold and delivered, 
 
 etc. ) ; that there is now and unpaid on said claim, the sum of $ , 
 
 with interest thereon at the rate of per cent, per annum, from the 
 
 day of , 18 — ; that there are no set-ofts nor counter-claims 
 
 whatever against the same ; and that said owner — ha — no security whatever 
 for the same, (or, if he has collateral or personal security, state it.) 
 
 , Affiant. 
 
 Swoni to hefore me, and signed in my presence, this day of , 
 
 A. D. 18—. 
 
 [sKAr..] A. B., Commissioner for Ohio, or Notnvi/ I'ublic. 
 
 Affiddcit io claim (Kjaiiist Decedent' s J'Jstate, in Ohio. 
 
 State of Ohio, i 
 
 County of , > ss. 
 
 City of . ) 
 
 A. B., being first duly sworn, says that • the above annexed claim, 
 
 against the estate of , deceased, is true and correct, as stated ; that it 
 
 is justly due and unpaid ; that there is due to , from the said estate, 
 
 thereon, the sum of dollars ; that no payments have been made 
 
 thereon ; and that there are no set-offs against the same, to the knowledge of 
 deponent. ( Signature. ) 
 
 Sworn to and subscribed before me, this day of , A. D., 18 — , 
 
 [seal.] C. D., Commissioner for Ohio, or Notary Public. 
 
 Aliens. — No person capable of inheriting shall be deprived of the inherit- 
 ance by reason of any of his ancestors having been aliens. 
 
 Aliens may hold, possess and enjoy lands, tenements and hereditiments, 
 in this state, either by descent, devise, gift or purchase, as fully and com- 
 pletely as any citizen of the United States or this .state can do. 
 
 Appeals. — May be had from justices' court (when either party to the suit 
 claims more than $30) to the probate court, also from the probate court to 
 the court of common pleas, and froni the court of common pleas to the 
 circuit court and from the circuit court to the supreme court. 
 
 Arrest. — In civil actions can be made when defendant has assigned, re- 
 moved out of jurisdiction of the court, fraudulently concealed or disposed 
 of his property with intent to defraud creditors. Or has fraudulently con- 
 tracted the debt. Or when the money or thing sought to be recovered was 
 lost by gaming, or by bet, or wager. An affidavit must state the facts to 
 Justify belief in one or more of the above grounds. 
 
 Assignments. — An insolvent debtor may make an assignment in trust for 
 Ihebenetitof his creditors. Assignee must, withhi ten days after delivery 
 of assignment to him, produce the original assignment, or copy thereof in 
 the probate court, file same and enter into a bond in such sum and with such 
 .sureties as court sliall approve. Notice of ai>pointment for three successive 
 weeks in newspaper of general circulation, shall be given after bond entered 
 into, and creditor shall, within six months after publication of notice, pre- 
 sent claim, with affiilavit that said claim is just and lawful, the consideration 
 thereof, and what, if any, set-offs or counter-claims exist thereto ; what col- 
 lateral or personal security, if any, the claimant holds for same, or that he 
 has no security whatever. Any surety or person jointly liable with assignor 
 
 [O. 3.1
 
 OHIO. 627 
 
 is alloMod to present and prove his claim on which he is bound. Suit must 
 be brought on rejected ehiims within thirty days. Assi<;nment made in con- 
 temphitionof insolvency, with intent to i)refer one or more creditors, inures 
 to the benefit of all creditors. Assignments made with intent to hinder, de- 
 lay or defraud creditors, sliall be declared void at the suit of any creditor, 
 and such assignment, after having been declared void, or a i)referred assign- 
 ment, is cause for the appointment of trustee. No assignment shall be con- 
 strued to include property exempt, unless the exemption is expressly waived. 
 Preferred claims are: Taxes of every description assessed against assignor, 
 and wages for all labor performed by any one in the assignor's .service within 
 twelve "months' i)receding the assignment, not exceeding $;3()0. Assignment 
 dois not discharge debtor from his liabilities. 
 
 Attachment. — In a civil action for the recovery of money may be had 
 when the defendant is a non-resident or foreign corporation, or has absconded 
 or concealed himself, or is about to remove, convert or assign, or has cou- 
 ♦■ealed his property, with intent to defraud creditors, or where the debt was 
 fraudulently contracted. Plaintitf must give bond in double the amount at 
 issue, except where defendant is a non-resident, when a bond is not reipiired. 
 Oamishee process may be had in aid of attachment against any debtor of the 
 defendant. A citizen of this state may be enjoined from prosecuting an 
 attachment in another state, against a citizen of this state, to subject to the 
 payment of his claim, the earning of the debtor, which, by the laws of this 
 state, are exempt from being applied to the payment of such claim. 
 
 Banks and Bankers.— It shall be lawful for natural individual i)ersons, 
 not fewer in number in any case than five, to associate to form companies for 
 the puipose of carrying on the business of banking, each in such place in the 
 state as shall be designated in its articles of association and in the certificate 
 required to be made, subject, however, to the contingencies, restrictions, 
 conditions and liabilities prescribed in the act. 
 
 Bills of Exchange and Promissory Notes. — Payable to some person, 
 order, or bearer, are transferable by endorsement. They are entitled to three 
 days' grace, except when drawn on a bank or broker, payable on a certain 
 day or so many days after sight or date. Demand of payment on the last 
 day of grace and notice of non-payment to drawers and endorsers is due 
 diligence to enable holder to maintain an action against an endorser. "When 
 last day of grace falls on Sunday or a holiday, the day before is the day of 
 payment. The holder may maintain his acti(m against any or all persons 
 liable, severally or on the note or bill. 
 
 Bills of Lading and "Warehouse Receipts.— Any person executing or 
 delivering fictitious bills of hiding or warehouse receipts, with intent to de- 
 fraud, shall be imprisoned in the penitentiary not more than three or less 
 than one year. 
 
 Chattel Mortgages. — ]Must be filed with clerk of townsliip where mort- 
 gag(n- resides, or with ivcorder, if recorder's office is located in said town- 
 ship. The mortgage must have on it, when filed, a verified statement of the 
 amount of mortgagee's claim, and that it is just and unpaid. It may be re- 
 newed by refiling w ithin thuty days of the exjjiration of one year from the 
 original filing, wlieu a new verified statement must be made of the amount 
 then due on claim. 
 
 Claims of Decedents' Estate. — ShouUl be filed. ))ropcrly verified within 
 one year from the appointment of administrator. — {See Affidavits.) 
 
 Conditional Sales. — Where ))ersonul projierty is sold to be paid for in in- 
 stalments or otherwise, on condition that the title shall remain in the seller 
 
 [O. A.]
 
 628 OHIO. 
 
 until goods are fully paid for, said condition shall be void as to subsequent 
 bona fide purchasers, mortgagees or creditors, unless the contract is in writ- 
 ing and a sworn copy thereof is at the time of execution of the instrument 
 deposited with the township clerk or county recorder, if his office be in said 
 township. 
 
 Corporations. — ^lay be formed for any purpose, except the buying and 
 selling of real estate. May be sued as individuals. Railroad corporations 
 may be sued in any county through which they run. Stockholders are liable 
 to an amount equal to their stock subscribed, in addition to such subscrip- 
 tions. 
 
 Costs. — ^Non-residents are required to give such security for costs as may 
 be satisfactory to the court in each separate case. 
 
 Courts. — Terms and Jurisdiction : 
 
 Justices^ Courts have exclusive original jurisdiction of any sum not ex- 
 ceeding $100, and concurrent jurisdiction with the court of comnn)n pleas of 
 any sum from $100 to $oOO. 
 
 Superior Courts of Cincinnati, Cleveland and Dayton have the same gen- 
 eral jurisdiction in actions for debt that is exercised by the courts of common 
 pleas. 
 
 Common Pleas Courts have original jurisdiction where the amount in con- 
 troversy exceeds $100. 
 
 Probate Coui't has jurisdiction in matters of assignment, administration of 
 decedents' estate, etc. 
 
 Court Calendar.— 
 
 UNITED STATES COURTS. 
 
 Northprn Dixtriot.— Circuit Judge, Howell E. Jackson, of Tennessee. District 
 Judge, Martin Welker, of Wooster, O. Clerk of Circuit Court, Augustus J. Ricks, 
 Cleveland. Clerk of District Court, Earl Bill, Cleveland. 
 
 Terms of Circuit and District Courts.— At Cleveland, 1st Tuesdays, In January, 
 April and October. At Toledo, 1st Tuesday In June. 
 
 Southern District.— Circuit Judge, Howell E. Jackson. District Judge, Geo. R. 
 Sage of Cincinnati. Clerk of Circuit and District Cqurfs. B. R. Cowen, Cincinnati. 
 
 Terms of Circuit and District Courts.— At Cincinnati, 1st Tuesdays in February, 
 April and October. 
 
 STATE COURTS. 
 
 CIRCUIT AND COMMON PLEAS. 
 
 The times and places for holding the Circuit Courts and Courts of Common Pleas 
 it 1887 are as follows : 
 
 County County Seat, ^^^j^^ Circuit Courts. Dist. j^^^' Common Pleas Courts. 
 
 Adams . . .West Union . 4 April 5, Nov. 17 . 5 1 Jan. 11, May 10, Oct. 4. 
 
 Allen . . . .Lima 3 June7, Nov. 22 . .S 1 Feb. 1, May 2, Oct. 10. 
 
 Ashland . . Ashland ... .5 April 12, Nov. 22 . 6 2 Feb. 2S, Sept. 19. Dec. 5. 
 
 Ashtabula . . Jeflferson ... 7 March 15, Oct. 18 9 3 Jan. 10, Apr. 4, Oct. 31. 
 
 Athens . . . Athens .... 4 Jan. 24, Oct. 1 . . 7 3 Feb. 7, May 2, Nov. 7. 
 
 Auglaise . . . Wapakoneta . 3 March 15, Oct. 6 . 3 1 Jan. 4, Apr. 11, Sept. 12. 
 
 Belmont ... St. Clair.sville 7 June 15, Dec. 14 . 8 2 Feb. 8, Apr. 26, Oct. 4. 
 
 Brown .... Georgetown . 4 April 11, Nov, 21 . 5 1 Feb. 15, May 17, Nov. 15. 
 
 Butler .... Hamilton . . 1 April 11, Oct. 10 . 2 1 Jan. 10, May 2, Oct. 10. 
 
 Carroll. . . . CarroUton . . 7 Feb. 1, Sept. 28 . 9 1 Jan. 4, Apr. 26, Oct. 11. 
 
 Champaign . Urbana .... 2 May 2, Oct. 31 . . 2 2 Jan. 10, May 9, Oct. 3. 
 
 Clarke . . . .Springfield. . 2 June 20, Dec. 15 . 2 3 Jan. 10, May 2, Oct. 3. 
 
 Clermont . . Batavia .... 1 April 5, Oct. 3 . . 5 1 Jan. 25, ]May 31, Nov. 15. 
 
 Clinton . . .Wilmington . 1 May 9, Oct. .^1 ..23 J.an. 10, ISIay 16, Oct. 3. 
 
 Columbiana . New Lisbon . 7 Jan. 18. Sept. 22 . 9 1 Jan. 31, May 16. Oct. 31. 
 
 Coshocton. .Coshocton . . 5 April 26, Nov. 9 . 6 3 Jan. 4, Mar. 8. Sept. 20. 
 
 Crawford . . Bucyrus ... 3 Jan. 2.5, Sept. 27 . 10 2 Jan. 3, Apr. 4, Sept. 12. 
 
 Cuyahoga . .Cleveland . . 6 Jan. 4; Sept. 13 . . 4 3 Jan. 3, Apr. 5, Sept. 19. 
 
 ro. 5 ]
 
 OHIO. 
 
 629 
 
 Darke . . . 
 
 . (Jreenville . . 
 
 2 
 
 Defiance 
 
 . Defiance . . . 
 
 ■.i 
 
 Delaware . 
 
 . Delaware . . . 
 
 5 
 
 Erie .... 
 
 . Sandusky City 
 
 G 
 
 Fairfield . . 
 
 . Lancaster . . 
 
 5 
 
 Fayette . . 
 
 . W:ish. C. H. . 
 
 2 
 
 Franklin 
 
 . Columbus . . 
 
 2 
 
 Fulton . . . 
 
 . Wauseon . . . 
 
 3 
 
 fJallla . . . 
 
 . (iallipolis . . . 
 . Chardon . . . 
 
 4 
 
 (ieauga . . 
 
 7 
 
 <ireene . . . 
 
 . Xenla 
 
 2 
 
 <Tuernsey . 
 
 . Cambridsje . . 
 
 7 
 
 Hamilton . 
 
 . Cincinnati . . 
 
 1 
 
 Hancock . 
 
 . Findlay .... 
 
 3 
 
 Hardin . . 
 
 . Kenton .... 
 
 3 
 
 Harrison . 
 
 . Cadiz 
 
 7 
 
 Henrv . . . 
 
 . Napoleon . . . 
 
 3 
 
 Highland . 
 
 . Hillsborough 
 
 4 
 
 Hocking . . 
 
 . Logan 
 
 4 
 
 Holmes . . 
 
 . Millersburg . 
 
 5 
 
 Huron . . . 
 
 . Norwalk . . . 
 
 6 
 
 Jackson . . 
 
 . Jackson . . . 
 
 4 
 
 .lefferson . . 
 
 . SteubenvlUe . 
 
 7 
 
 Knox . . . 
 
 . Mt. Vernon . 
 
 5 
 
 Lake . . . . , 
 
 . Painesville . . 
 
 7 
 
 Lawrence . 
 
 . Ironton .... 
 
 4 
 
 Licking . . 
 
 . Newark . . . 
 
 5 
 
 Logan . . . 
 
 . Bellefontaine 
 
 3 
 
 Lorain ... 
 
 . Elyria .... 
 
 6 
 
 Lucas . . . 
 
 . Toledo .... 
 
 6 
 
 ALadison . . 
 
 . London .... 
 
 2 
 
 Mahoning . 
 
 . Youngstown . 
 
 7 
 
 >rarion . . 
 
 . Marion .... 
 
 3 
 
 Medina . . 
 
 . Medina .... 
 
 6 
 
 Meigs . . . 
 
 . Pomeroy . . . 
 
 4 
 
 Mercer . . , 
 
 . Celina .... 
 
 3 
 
 Miami . . . 
 
 . Troy 
 
 2 
 
 Monroe . . 
 
 . Woodsfleld . . 
 
 4 
 
 Montgomery 
 
 . Dayton .... 
 
 2 
 
 Morgan . . 
 
 . McConnelsv'le 
 
 5 
 
 Morrow . . 
 
 . Mt. Gilead . . 
 
 5 
 
 Muskingum 
 
 . Zanesville . . 
 
 o 
 
 Noble . . . 
 
 . Caldwell . . . 
 
 7 
 
 Ottawa . . . 
 
 . Port Clinton . 
 
 6 
 
 Paulding . 
 
 . Paulding . . . 
 
 3 
 
 Perry . . . 
 
 . N. Lexington 
 
 5 
 
 Pickaway . 
 
 . Circleville . . 
 
 4 
 
 Pike .... 
 
 . Waverly . . . 
 
 4 
 
 Portage . . 
 
 . Ravenna . . . 
 
 7 
 
 Preble . . . 
 
 . Eaton 
 
 2 
 
 Putman . . 
 
 . Ottawa .... 
 
 3 
 
 Klchland . 
 
 . Mansfield . . 
 
 .5 
 
 Rosa .... 
 
 . Chillicothe . . 
 
 4 
 
 Sandusky . 
 
 . Fremont . . . 
 
 6 
 
 Scioto . . . 
 
 . Portsmouth . 
 
 4 
 
 Seneca . . . 
 
 . Tiflin 
 
 3 
 
 Shelby . . . 
 
 . Sidney .... 
 
 2 
 
 stark . . . 
 
 . Canton .... 
 
 5 
 
 Summit . . 
 
 . Akron .... 
 
 6 
 
 Trumbull . 
 
 . Warren .... 
 
 7 
 
 Tuscarawas 
 
 . N. Phil'delp'a 
 
 5 
 
 Union . . . 
 
 . Marysville . . 
 
 3 
 
 Van Wert . 
 
 . Van Wert . . 
 
 3 
 
 Vinton . . . 
 
 . McArthur . . 
 
 4 
 
 Warren . . 
 
 . Lebanon . . . 
 
 1 
 
 Washington 
 
 . Marietta . . . 
 
 4 
 
 Wayne . . , 
 
 , Wooster . . . 
 
 5 
 
 Williams . . 
 
 . Bryan 
 
 3 
 
 Wood . . . 
 
 . Bowling Green 
 
 3 
 
 Wyandot . 
 
 . Up. Sandusky 
 
 3 
 
 May 10, Nov. 9 . , 
 3 Apr. 20, Nov. 15 . 
 May 31, Dec. 13 
 June 16, Nov. 28 . 
 Jan. 11, Sept. 6 . 
 May 2 i, Nov. 21 , 
 Jan. Id, Sept. 21 , 
 Apr. 12, Oct. 27 . 
 Mar. 1, Oct. 21 . . 
 Mar. 1, Oct. 4 . . 
 Apr. 5, Oct. 10 . . 
 June 9, Dee. 8 . . 
 Jan. 3, Nov. 14 . . 
 Mar. 1, Oct. 18 . , 
 Feb. 2:3, Oct. 11 . 
 May 31, Nov. 29 , 
 Apr. 19, Nov. 1 , 
 Apr. 26, Nov. 28 
 Feb. 3, Oct. 8 . . 
 Apr. 19. Nov. 1 
 May 31, Nov. 21 
 Junel, Dec. 20. , 
 May 24, Nov. 22 . 
 Mar. 8. Oct. 4 . . 
 Feb. 8, Oct. 6 . . . 
 Mar. 15, Oct. 31 , 
 Mar. 22, Oct. II 
 Feb. 15, Sept 21 . 
 May 23, Dec. n , 
 Mar. 15, Oct. 25 , 
 Apr. 14, Oct. 17 
 Apr. 26, Nov. 9 
 Jan. 18, Sept. 13 , 
 May 19, Oct. 19 . . 
 Feb. 17, Oct. 19 . . 
 Mav 24, Dec. 1 . , 
 Apr. 18, Oct. 20 , 
 Jan. 12, Sept. 22 . 
 June 6, Dec. 5 . . 
 Mav 10, Oct. 18 . 
 May 24, Dec. 6 . . 
 Apr. 5, Oct. 25 . , 
 June 7, Dec. 6 . 
 June 27, Oct. 20 
 May 10, Nov. 17 . 
 May 17, Nov. 29 . 
 May 4, Dec. 5 . , 
 May 23, Dec. 16 
 Mar. 8, Oct. 2o . . 
 May 19, Nov. 17 . 
 May 31, Dec. 6 . , 
 .Tan. 2.5, Sept. 13, 
 May 12, Dec. 9 . 
 •June 7, Dec. 5, . 
 Mar. 22, Nov. 10 
 Mar. 22, Dec. 13 . 
 Apr. 2S, Oct. 27 . 
 Feb. 23, Sept 27 . 
 May 9, Dec. 19 . . 
 Apr. 5, Oct. 2S . 
 Mav 3, Nov. 15 
 Feb. 8, Oct. 4 . . 
 Mav 17, Nov. 29 , 
 Fob. 9, Oct. 12 . . 
 May2, Oct. 24 . , 
 Jan. 17, Sept. 26 , 
 Feb. S, Sept. 21 . 
 April 5, Oct. 25 . 
 Mar. 8, Oct. TO . . 
 Feb. 1, Sept. 15 . 
 
 2 
 
 1 
 
 Jan. 
 
 3 
 
 2 
 
 Jan. '. 
 
 G 
 
 1 
 
 Jan. 
 
 4 
 
 1 
 
 Feb. 
 
 7 
 
 1 
 
 .Tan. ; 
 
 5 
 
 2 
 
 Feb. 
 
 5 
 
 3 
 
 .Tan. 
 
 3 
 
 3 
 
 Feb. 
 
 7 
 
 3 
 
 Jan. 
 
 9 
 
 3 
 
 Jan. 
 
 2 
 
 3 
 
 Jan. 
 
 8 
 
 1 
 
 T-\'b. : 
 
 1 
 
 
 Jan.; 
 
 10 
 
 1 
 
 Feb. 
 
 10 
 
 1 
 
 Jan. 
 
 8 
 
 3 
 
 Jan. 
 
 3 
 
 3 
 
 Jan. 
 
 5 
 
 2 
 
 Jan. 
 
 7 
 
 1 
 
 Feb. 
 
 6 
 
 3 
 
 Feb. 
 
 4 
 
 1 
 
 Feb. 
 
 7 
 
 2 
 
 Feb. 
 
 8 
 
 3 
 
 .Tan. 
 
 6 
 
 1 
 
 Feb. 
 
 9 
 
 3 
 
 Feb. 
 
 7 
 
 2 
 
 Mar. 
 
 r, 
 
 1 
 
 Feb. 
 
 V) 
 
 3 
 
 Jan. 
 
 4 
 
 2 
 
 Jan. 
 
 4 
 
 1 
 
 Jan. 
 
 5 
 
 3 
 
 Mar. 
 
 9 
 
 2 
 
 Jan. 
 
 1) 
 
 2 
 
 Feb. 
 
 4 
 
 2 
 
 Jan. 
 
 7 
 
 3 
 
 Jan. 
 
 3 
 
 1 
 
 Feb. 
 
 2 
 
 2 
 
 Jan. 
 
 8 
 
 2 
 
 Mar. 
 
 2 
 
 1 
 
 Jan. 
 
 8 
 
 1 
 
 Mar. 
 
 6 
 
 2 
 
 Jan. 
 
 8 
 
 1 
 
 Jan. 
 
 8 
 
 1 
 
 Jan. 
 
 4 
 
 1 
 
 Jan. 
 
 3 
 
 2 
 
 Jan. : 
 
 7 
 
 1 
 
 Mar. 
 
 5 
 
 3 
 
 Jan. 
 
 7 
 
 2 
 
 Jan. 
 
 9 
 
 2 
 
 Jan. 
 
 2 
 
 1 
 
 Feb. 
 
 3 
 
 3 
 
 Jan. 
 
 G 
 
 2 
 
 Apr. 
 
 5 
 
 2 
 
 .Tan. 
 
 4 
 
 1 
 
 .Tan. 
 
 7 
 
 2 
 
 Feb, 
 
 10 
 
 1 
 
 .Tan. 
 
 9 
 
 1 
 
 1 
 
 Jan. : 
 Jan. ; 
 
 1 
 
 '} 
 
 Jan. 
 
 9 
 
 2 
 
 Feb. 
 
 8 
 
 3 
 
 Feb. 
 
 10 
 
 3 
 
 Feb. 
 
 3 
 
 I 
 
 Jan. 
 
 7 
 
 2 
 
 Jan. 
 
 2 
 
 3 
 
 Jan. 
 
 7 
 
 3 
 
 Jan.: 
 
 6 
 
 3 
 
 Mar. 
 
 3 
 
 2 
 
 Feb. 
 
 10 
 
 1 
 
 Feb. 
 
 10 
 
 2 
 
 Mar. 
 
 10, May 16, Oct. 10. 
 24, May 2, Oct. 10. 
 3, Apr. 11, Sept 26. 
 U, Mav 2, Oct. 24. 
 24, Apr. IS, Oct. 24. 
 
 14, ^lay 2. Nov. 21. 
 10, .\pr. 11, Sept. 19. 
 28, JuneO, Nov .14. 
 3, Mar, 28, Sept. 5. 
 10, Aur.4, Oct. 31. 
 10, May 2. Oct. 17. 
 
 15, Apr. 26, Oct. Is. 
 
 3, May 9, Nov. 7. 
 21, May23, Oct. 31. 
 17, .\pr. 18, Sept. 19. 
 
 4, Mar. 29, Sept. 6. 
 4, Mar. 29, Sept. (i 
 
 10, Apr. 5, Oct. 17. 
 
 14, May 9, Nov. 14. 
 7. Apr. 4, Nov. 11. 
 21, May 16, Nov. 7 
 21, May 16, Nov. 11. 
 
 11, Apr. 5, Sept. 20. 
 
 15, June 7, Nov. 8. 
 28, Mav 9, Nov. 28. 
 , 21, June 6, Nov. 21. 
 
 11, Mav 2. Oct. 3. 
 10, Apr. 4, Sept. 12. 
 31, Apr. 11, Oct. 3. 
 3 Apr. 11,. Sept. 26. 
 . 2, June 1, Nov. 9. 
 3, May 2, Sept. 5. 
 7, May 2, Oct. 17. 
 
 3, Mar. 14, Sept. 19. 
 17, Apr. 4, Sept. 5. 
 28, June 6, Nov. 11. 
 10, Mav 2, Oct. 3. 
 
 , 15, June 14, Nov. 22. 
 . 10, May 2. Oct. 3. 
 •. 15, June 11, Sept. 27. 
 17, Apr. IS, Oct. 31. 
 
 4, Apr. 12, Nov. 14. 
 4, Apr. 5, Sept. 27. 
 10, Apr. 5, Oct 3. 
 
 3, Apr. 4. Sept. 5. 
 7, Mav :V), Oct. 17. 
 
 4. Apr. 18, Sept. 20. 
 31, Apr. 25, Oct. li). 
 3, May 2, Sept. 5. 
 14, June 6, Nov. 21. 
 31, May 2, Oct. 10. 
 . 5, Sept. 19, Dec. 5. 
 
 10, Apr. 5. Oct. 17. 
 3, Apr. 4, Sept. 19. 
 14, May 2. Oct. 10. 
 17, Apr. 11, Sept. 19. 
 3, Mar. 21. Sept. 12. 
 3, Mav 2, Sept. 19. 
 10, May 2% Sept. 12. 
 14, May 30, Oct. 17. 
 1, Apr. 19. Sept. 27. 
 21, Mav 16, Oct. 24. 
 24, May 9, Oct. 10. 
 10, Apr. 5, Sept. 12. 
 10, Mav9. Oct. 17. 
 24, Apr. 25, Oct. 3. 
 7, Sept. ]2, Nov. 28. 
 28, June G, Nov. 14. 
 21, May 23, Nov. 10. 
 . 7, May 30, Nov. 14, 
 
 Curtesy. — The state by curtesy is abolished, but a widower who has not 
 reliiK^iiished or been barred of the same shall be endowed of an estate for 
 life in one-third of all tlie real property, for which the deceased consort was 
 .seized as an estate of inheritance, at any time durinj? tlie niarriaii'e and in 
 one-third of all the real i)roperty. of which the deceased consort at decease, 
 held the fee simple, in reversion or remainder. [Laws of 1887, §4189.] 
 
 [O. G.]
 
 630 OHIO. 
 
 Deeds, Mortgages, Leases.— ^lust he signed by grantors in presence or 
 two witne.s.ses. No seal necessary. Mnst be acknowledged before proper 
 officer (see Acknowledgments), who ninst certify such acknowledgment on 
 the same sheet with the instrument. Under laws of 1887, a married person 
 may take, hold, and dispose of property, real or personal, the same as if un- 
 married. Deeds should be recorded within six months after their date, and 
 those first presented for record have precedence, and mortgages first recorded 
 have preference. Mortgages have no validity as between third parties until 
 recorded. — {See Leases and Mortgages.) 
 
 Form of Deed — Mortgage same, except Proviso or Defeasance. 
 
 Know all men by these presents, That A. B. and C. D., his wife, of . in 
 
 consideration of dollars, to paid by E. F., the receipt whereof is 
 
 hereby acknowledged, do hereby grant, bargain, sell and convey to the said 
 
 , heirs and assigns forever (here describe property), and all the estate, 
 
 title and interest of the said , either in law or in equity, of, in and to the 
 
 said premises ; together with all the ijrivileges and appurtenances to the 
 same belonging ; to have and to hold the same to the only proper use of the 
 said , heirs and assigns forever, and the said , for , heirs, execu- 
 tors and administrators, do hereby covenant with the said , heirs and 
 
 assigns, that • the true and lawful owner of the said premises, and ha — 
 
 full power to convey the same ; and that the title so conveyed is clear, free 
 
 and unincumbered ; and, further, that will warrant and defend the same 
 
 against all claim or claims of all persons whatsoever. 
 
 Ill witness whereof. The said A. B. and C. D., his wife, W'ho hereby 
 
 release right and expectancy of dower in the said premises, ha — here- 
 unto set hand and seal , this day of , in the year of our 
 
 Lord one thousand eight hundred and . 
 
 Signed, sealed, acknowledged and delivered "] 
 in the presence of us. I 
 
 . I -. [seal.] 
 
 . J . [seat,.] 
 
 (Two -witnesses.) 
 
 Depositions.— May be taken before a notary public, justice of the peace, 
 judge or clerk of common pleas, superior, probate or police court, mayor or 
 town master, commissioner, or person empowered by special commission. 
 To be used in this state, must be taken by person authorized by this state. 
 Taken in other states, may be taken before judge, justice or chancellor of 
 any court of record, justice of peace, notary public, or chief magistrate of 
 any city or town, mayor, commissioner, or any person authorized by special 
 commission from this state. Notice must be given to the adverse party in 
 writing, specifying the action, the court in which it is to be used, and time 
 and place of taking them. If the party to the suit is to give his deposition, 
 notice must be given of the fact. 
 
 The adverse party must have sufficient time, (exclusive of Sunday, day of 
 service, and one day for pr('i)aration,) to travel to place of taking, by usual 
 route. Notice may be given to the party's agent or attorney of record, 
 ^lust be taken and reduced to writing in the presence of the officer. ]Must 
 be written by officer, witness, or some disinterested person. Tlie officer must 
 not be a relative or attorney of either i)arty, or interested in the event of the 
 suit, and must add to the deposition his cc-rtificate of the following facts : 
 1st. That the witnesses were first sworn to tell the truth, the whole truth, 
 and nothing but tlie truth ; 2d. That thede]>ositions were reduced to writing 
 by him, or some proper ])erson, and subscribed by witness in his presence : 
 3d. That they were taken at the time and ])lace s])ecified in the notice. 
 
 [O. 7.]
 
 OHIO. 631 
 
 Examinations may, if so stated m the notice, be from day to day ; pro- 
 vidinj; some testimony be taken each day. Adjournments should he noted. 
 The othcer must set his hand and seal to tlie eurtiticate. Tiiey must lie 
 sealed up and addressed by the othcer to the clerk of the court wiici'e action 
 is ])endin>,', and the envelope must be endorsed, "Dci)i)sitions in the case of 
 A. vs. li., taken, sealed, addressed and transmitted by me," and signing Ids 
 name and official character. Must be; filed at least one day before trial. 
 Dej)osit ions can be nsi'd only, 1st. When the witness does not reside in the 
 county where the action is pending, or is sent for trial by change of venue, 
 oris absent therefrom ; 2d. When witness is dead or unable to attend court, 
 by reason of age, infirmity or imprisonment ; 8d. When testimony is re- 
 quired on motion, or in any other case where the oral examination of wit- 
 nesses is not required. 
 
 Depositions may be taken at any time after service on defendant, of the 
 summons in the action. 
 
 Descent and Distribution. — The real estate of any deceased intestate 
 which shall have come by descent, devise, or deed, or gift, from any ancestor, 
 descends to his or her kindred, in the following course : 1st. To the children 
 or their legal representatives ; 2. If no children or their legal representatives, 
 then to the husband and wife during his or her natural life ; 8d. If no hus- 
 band or wife, then to the brothers and sisters of the blood of ancestor, from 
 whom the estate came, or to their legal representatives ; 4th. If no such 
 brothers or sisters, or their legal representatives, then ascends to the ances- 
 tor, if living, from whom the estate came by deed or gift ; 5th. If ancestor 
 deceased, then to children of such ancestor, or their legal representatives, 
 etc. If the estate came not by descent, devise, or deed of gift, it descends as 
 follows ; 1st. To the children or their legal representatives ; 2d. If no chil- 
 dren, then to the husband or wife ; 3d. If no husband or wife, then to the 
 
 brothers and sisters of the wiiole blood and their legal representatives ; 4th. 
 If none of the latter, or their legal representatives, then to the brothers and 
 sisters of the half blood, and their legal representatives ; Hth. If none of 
 these, then to the father, if living, if not to the mother ; Gth. If father ami 
 mother dead, then to the next of kin, and their legal representatives to and 
 of the blood of the intestate. 
 
 Tlie pei'sonal property of a deceased intestate shall be distributed agreeably 
 to the course described as to real estate which came not by devise, descent, 
 or deed of gift, saving, however, such right as the widow may have in any 
 liortion of the ])ersonal estate. When the intestate leaves no child, the 
 widow is entitled to the ])ersonal estates, as next of kin, which shall be sub- 
 ject to distribution on settlement of the estate, but if there should be such 
 child, the widow takes one-half of any sum not exceeding four hundred 
 dollar.s, and one-third of the residue. 
 
 Divorce. — Grounds for divorce : 1st. Where either of the parties had a 
 former husband or wife living at the time of second marriage ; 2d. Where 
 either of the partii'S has been wilfully absent tVoni the other for three years ; 
 3d. Adultery; 4th. Inipotency; r)th. Extreme cruelty; Gth. Fraudulent 
 contra('t ; 7th. Gross neglect t)f duty ; 8th. llaliitual drunkenness for three 
 years; J)th. Where eitlier of the jiarties is actually imprisoned in tlie pene- 
 tentiaiy of any state or territory, for any violation of the laws of such state 
 or territory, or of the United Stati's. i)rovidi-d that the offence is such as in 
 this state is punished by inij)risonmcnt in the iienetcntiary ; 10th. The pro- 
 curemcnit of a divorce witiiont this state, by a husband or wife, by virtue of 
 which the party wlio procured it. is released from the obligaticms of the mar- 
 riage, while the same remains binding upon the other party. 
 
 Dower. — A widow shall be endowed of an estate for life, of one-third of 
 all lands other husband, held by him dui'ing theii" coverture, unless she has 
 joined liim in conveying the same to others. 
 [O. 8.]
 
 632 OHIO. 
 
 Executions. — Issue from the court of common pleas to any county. Exe- 
 cution against tlie person will only issue when the judge of one of the. supe- 
 rior courts is satisfied of the existence of cause — such as concealment of prop- 
 erty by the debtor — or where debtor was arrested before judgment, and not 
 discharged under the law. Lands levied on, must be appraised by three dis- 
 interested freeholders, and cannot be sold for less than two-thirds of such 
 appraisement. Executions are stayed before justices, by entering into a 
 bond to adverse party, within ten days after rendition of judgment, on judg- 
 ments for $5 and under, sixty days ; $5 and under $20, ninety days ; $20 and 
 under $50, one hundred and fifty days ; $50 and upward, two hundred and 
 forty days. No stay on judgment in favor of any person for wages due for 
 manual labor performed. No stay of execution can be had in courts superior 
 to justices' courts, excejit by virtue of proceedings in error or appeal. 
 
 Exemptions. — Every person who has a family, and every widow, may hold 
 the following property exempt from execution, attachment or sale for any 
 debt, damages, fine or amercement : 
 
 1st. The wearing apparel of such person or family, beds, bedsteads and 
 bedding necessary for the same, one cooking stove and pipe, one stove and 
 pipe used for warming the dwelling, and fuel for sixty days, actually pro- 
 vided and designed for the use of such person or family. 2d. One cow, or, 
 if the debtor owns none, household furniture to be selected by such debtor 
 not exceeding $35 in value ; two swine or the pork therefrom, or, if the deb- 
 tor owns no swine, household furniture to be selected by such debtor, not 
 exceeding $15 in value ; six sheep, their wool and the cloth or other articles 
 manufactured therefrom, or, in lieu thereof, household furniture, to be se- 
 lected by the debtor, not exceeding $15, and food for such animals for sixty 
 days. 3d. Bibles, hymn-books, psalm-books, testaments and school-books 
 used in the family, and all family pictures. 4th. Provisions actually pro- 
 vided and designed for the use of such person or family, not exceeding $50 
 in value, and other articles of household or kitchen furniture necessary for 
 such person or family, not exceeding $50 in value. 5th. One sewing machine, 
 one knitting machine, and all the tools and implements necessary for carry- 
 ing on his or her trade or business, whether mechanical or agricultural, not 
 exceeding $100 in value. 6th. The personal earnings of the debtor and of his 
 or her minor child or children for three mouths, when it is made to appear by 
 affidavit that such earnings are necessary for such person or family. 7th. 
 All articles, specimens and cabinets of natural history or science, except 
 such as are intended for show or exhibition for money or pecuniary gair. 
 8th. Every drayman, who is the head of a family, in addition to tlie above 
 exemptions, shall hold one horse, harness and dray, exempt from execution. 
 Every agriculturist who is the head of a family, in addition to the exemp- 
 tions specified in paragraphs one to seven, inclusive, shall hold exempt from 
 execution one horse or one yoke of cattle, with the necessary gearing for the 
 same, one wagon ; and every practitioner of medicine, the head of a family, 
 in addition to the exemptions specified in paragraphs one to seven, inclusive, 
 shall hold exempt one horse, one saddle and bridle, and also books, medi- 
 cines and instruments iiertaining to his profession, not exceeding $100 in 
 value. 
 
 The above exemption may be claimed by any one who has a family and by 
 every widow against whom an action is prosecuted in this state, whether 
 such debtor is or is not a resident of this state. 
 
 Every unmarried woman may hold the following jiroperty exempt from 
 executi(m, attachment or sale : 
 
 1st. Wearing apparel not exceeding $100. 2d. One sewing-machine. 3d. 
 One knitting-machine. 4th. A bible, hymn-book, psalm-book and any other 
 books not exceeding in value $25. 
 
 Any beneficiary fund, not exceeding $5,000, set apart, appropriated or paid 
 by any benevolent association or society, according to its rules and regnla- 
 tions, to the family of any deceased member, or to any member of such 
 family, shall not be liable to be taken by any process or proceedings, legal 
 or equitable, to i)ay any debt of such deceased member. 
 
 [O. 0.1
 
 OHIO. 633 
 
 The refjalia, insiffuia of office, joumals of proceedings, account books and 
 the private work belonging to any benevolent society in this state, shall be 
 exempt, etc. 
 
 All property used by any municipal corporation or fire company for the 
 purpose of extinguishing fire sliall be exempt, but the owner may create 
 liens thereon by mortgage, etc. Any resident, being the head of a family 
 and not the owner of a homestead, can hold other personal property, to l>e 
 selected by him and appraised at not over $500, in addition to the chattel 
 property specified above. No exemption rims against claim for labor amount- 
 ing to less than $100 
 
 False Pretenses. — Punishment shall be by imprisonment not more than 
 three or less than one year in the penitentiary, if value of article obtained 
 by false pretenses exceeds $35, if less, is punishable by fine not exceeding 
 $100 nor less than $10, or imprisonment not more than sixty or less than ten 
 days, or both. 
 
 Frauds, Statute of. — No action shall be brought whereby to charge the 
 defendant, upon any special promise to answer for the debt, default or mis- 
 carriage, of another person ; nor to charge any executor or administrator 
 upon any special promise to answer damages out of his own state ; nor to 
 charge any person upon any agreement made in consideration of marriage, 
 or upon any contract, sale of lands, tenements or hereditaments, or any in- 
 terest in or concerning them, nor upon any agreement that is not to be per- 
 formed within the space of one year from the making thereof ; unless the 
 agreement upon which such action is brought, or some memorandum or note 
 thereof is in writing, and signed by the party to be charged thereby, or some 
 other person thereunto by him or her, lawfully authorized. 
 
 Garnislnnent. — (See Attachment. ) 
 
 Grace. — {See Bills and Notes.) 
 
 Homestead. — {See Exemptions.) 
 
 Insolvent Laws.— (<See Assignments.) 
 
 Interest. — The le^al rate is six per cent. Parties may contract in writing 
 for eight per cent. No penalty is attached for the violation of the law. If 
 a contract is made for a higher rate than eight per cent., the contract as to 
 interest is void, and the recovery is limited to the principal sum and six per 
 cent. Interest is computed upon judgment and decrees at the rate si)ecified 
 in the instrument upon which said judgment or decree is rendered. Open 
 accounts draw interest after statement is made and account rendered. Inter- 
 est from and after maturity may be allowed on items of wages or salary, 
 payable monthly. 
 
 Juctices of the Peace. — Claims generally (accounts, notes, etc.), not ex- 
 ceeding one hundred dollars, must be brought before justice of the peace. 
 Claims exceeding that amount and not exceeding three hundred dollars, may 
 be brought before a justice of tlie jjeace, or in common pleas court. Defen- 
 dant must be served three days before the trial with notice. 
 
 Judgments. — Arc a lien on real estate of defendant within the county for 
 five years, then they become dormant, but can be revived any time within 
 twenty-one years. They can be kept alive by issuing execution once every 
 five years. If execution be not levied on defendant's real estate within one 
 year after rendition of the judgment, said judgment shall not operate to the 
 prejudice of any other judgment creditor. 
 10. 10.]
 
 63-1 OHIO. 
 
 Landlord and Tenant.— ('^f Limitations.) 
 
 Leases.— (*Ve<; Deeds, etc.) 
 
 License. — Is required for keeping iiiid transportation of gunpowder, for 
 shows, auction, etc., of pawnbrokers and of peddlers. 
 
 Liens. — {See 3Icchanic>i^ Liens.) 
 
 Limitations of Actions or Suits. — Actions for recovery of real property 
 limited to twenty-one years. For forcible entry and detention of real proj)- 
 erty, two years fi-om time right accrued. Within fifteen years : Action upon 
 specialty or any contract or agreement in writing. Within six years : Ac- 
 tions upon contract not in writing, express or implied, and actions upon stat- 
 utory liability other than forfeiture or penalty. Within four years : For 
 trespass on real property, for taking, detaining, or injuring personal i)roi3- 
 erty, for specific recovery of personal property, for injuries to rights of plain- 
 tiff not arising on contract, and for relief on giound of fraud. Within one 
 year: For libel, slander, assault, battery, malicious prosecution, false im- 
 prisonment, and for i)enalty or forfeiture under a statute. Within ten years: 
 Upon bond of any officer, or any bond or undertaking given in any case re- 
 quired by statute and other actions. A promise or acknowledgment in writ- 
 ing, signed by the party, revives the cause. If an action is barred in the 
 state where the cause of action arose, it is also barred in tliis state. If a 
 debtor is out of the state, or has absconded or concealed himself, the time 
 does not begin to run until he returns. Persons within twenty-one years of 
 age, imprisoned or insane, and married women, may bring the action within 
 the above times, a fter such disability is removed, except in cases of recovery of 
 real estate, then they may bring the action within ten years after the removal 
 of such disability, and after the expiration of twenty-one years. 
 
 Married Women. — Retain all their separate property, real and personal, 
 owned at marriage or ac(iuired thereafter, with all the rents, incomes and 
 profits thereof. Wife can contract for the improvement, repair and cultiva- 
 tit»n of her real estate, and may lease the same IVtr not exceeding three years. 
 A married woman engaged in business may sue and be sued alone, and her 
 separate property is liable for any judgment rendered against licr. The hus- 
 band miist unite in all deeds and mortgages of the wife's separate real estate. 
 A widow is entitle<l to dower in all real estate owned by her husband during 
 her coverture. 
 
 A married woman can sue or be sued as if she were unmarried, and her 
 husband shall be joined with her only when the cause of action is in favor of 
 or against both her and her husband. 
 
 When a married woman sues or is sued, like proceedings shall be had and 
 judgment rendered and oiforced as if she were unmarried, and her ])roperty 
 and estate shall be liable for a judgment against her, subject to exemptions 
 to heads of families. 
 
 A married person may take, hold and dispose of property, real or personal, 
 the same as if unmarried. Neither husband or wife, as such is answerable 
 for the acts of the other. 
 
 Mechanics and other Liens.— Any one performing labor or furnishing ma- 
 terial forciinstnicting, etc;., streets, sidewalks, drains, etc., under ccmtract with 
 theowner of abutting land, .shall have a lien for payment of the same against 
 such land. Any one conti'acting for construction of a railroad, or railroad 
 buildings, may aci^uire a lien on the property to secure payment. Such lieu 
 exists for one year, and is acquired by filing with the recorder of the county, 
 an itemized, verifit'd statement of the claim, within thirty days from the ex- 
 I)iration of three months from the time said materials were fui'uished or labor 
 y)erformed. Wheie the party taking out such a lien is sulvcontractor, he 
 must also at the same time that he files the account with the auditor, file 
 duplicate with the owner of the property, a duplicate account thereof. 
 
 ro. 11.1
 
 OHIO. 035 
 
 Minors. — Maks attain majority at twenty-one years of age. Females at 
 eigliteen. 
 
 Mortgages. — Must be executed as deeds, and the first mortgage recorded 
 has the prel'erenee. Are foreclosed by suit in the court of common pleas, 
 and there is no redemption of lands sold under foreclosure. Chattel moil- 
 gages, or a true copy thereof, must be deposited with the clerk of the town- 
 ship where tlie mortgagor resides at the time of the execution thereof, if a 
 resident of the state, and if not such resident, then with the clerk of the 
 township in which the property so mortgaged is situated at the time of the 
 execution of the instrument ; but, when the mortgagor is a resident of a 
 township in whiih the office of county recorder is kept, or when he is a non- 
 resident of the state and the property is within such township, the mortgage 
 shall be filed with the county recorder. 
 
 Every chattel mortgage so filed shall be void as against the creditors of 
 the person making the same, or against subsequent purchasers or mortga- 
 gees in good faith, after the expiration of one year from the filing thereof, 
 unless within thirty days next preceding the expiration of said term of one 
 year, a true copy of said mortgage, together with a statement, verified, ex- 
 hibiting the interest of the mortgagee in the property at the time last afore- 
 said, claimed by virtue of such mortgage, is again tiled in the office where 
 the original was filed. 
 
 Notes and Bills of Exchange. — (See Bills of Exchamje and Fromissory 
 Notes.) 
 
 Partnership. — General or Limited. — In the formation of general partner- 
 ships no prescribed fonns are required, nor is any record of the partnerships 
 required. Each partner is liable for all the debts of the firm without regard 
 to what the private arrangements between the partners may be. Limited 
 partnerships may also be formed, having in addition to the general partners 
 special partners, who are liable only for the amount of capital they put in. 
 They are required to publish in a newspaper notice that such partners are 
 si)ecial partners and to add '• limited" to the sign on their iilace of business. 
 
 Proof of Claims. — Affidavit must set forth that the claim is just due and 
 unpaid ; the amount due thereon ; consideration therefor ; time from which 
 interest dates ; that there are no set-offs or counter-claims against same, and 
 that the owner has no security thei'efor. Accounts must be itemized. 
 
 Recording. — {See Deeds.) 
 
 Redemption. — There is no statutory time for redemption of real estate 
 sale in foreclosure proceedings, etc. The practice is for the court to decree 
 that the property be sold on a certain day, usually thirty days from the date 
 of the decree, unless redeemed previous to the sale. 
 
 Replevin, — Affidavit for. — In actions before a justice of the peace must 
 show : 1st. Description of the property, 2d, That plaintiff is t)wner there- 
 of, or has special ownership therein, and that he is entitled to the immeiliate 
 possession thereof. 3d. That the property is wrongfully detained by tlefen- 
 dant. 4th. That it was not taken in execution on any order or judgment 
 against plaintiff or for any taxes, fine, or amercement assessed against him. 
 or other mesne, or final process issued against liim. Or may omit first and 
 second clauses and in lieu thereof show that property was taken on execution 
 and that defendant is exempt from such execution under laws of this state. 
 
 Revivor. — Judgments may be revived by action brought thereon at any 
 time within twenty-one years from the time that they become dormant. 
 
 Seal. — Notary public requires seal. Private seals (on deeds, mortgages, 
 etc.,) are abolishe<l by statute. 
 
 Stay of Execution. — {See Execution,.) 
 [O. 12]
 
 636 OHIO. 
 
 Supplementary Proceedings. — May be had after execution is returned 
 "no good.s, chattels, hinds, etc-., \vhereon to levy,'' and under such proceed- 
 ings the debtor or debtor's debtors may be examined, touching his property. 
 
 Taxes. — Become a lien on real estate on the day preceding the second 
 Monday in Aj^ril, in each year. 
 
 Trust Deeds. — (See Mortfia:ie«.) 
 
 Usury. — {See Interest.) 
 
 Wills. — Require two witnesses, who must sign in the presence of each 
 other and in the presence of the testator and at his request, and certificate 
 must show that he requested them to sign this, his last will and testament. 
 
 Wages. — Must, in absence of any contract to the contrary, be paid twice 
 in each month, if demand in writing is made therefor l)y a majority of their 
 employees, of mining, manufacturing or mechanical firms, persons, or cor- 
 porations. 
 
 ro. 13.1
 
 OHIO. 
 
 637 
 
 ATTORNEYS IN OHIO. 
 
 Bold Face Type denotes county scats. A dash (— ) less than 100 population. 
 Figures after names when admitted to the Bar. A star (*J Notaries Public. 
 A double dagger (t) our Compiler of Laws. 
 A dagger (f) former recommendations withdrawn. 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. 
 
 popula'n 
 
 Ada 
 
 Hardin 
 
 R. F. Black. 
 
 1,900 
 
 Akron 
 
 Summit 
 
 L. K. Mihills. 
 
 25.000 
 
 Alliance 
 
 Stark 
 
 Coulter & Brosius. 
 
 6,000 
 
 Antwerp 
 
 Paulding 
 
 W. H. Snook. 
 
 1,550 
 
 Ashland 
 
 Ashland 
 
 Campbell & Grosscup. 
 
 4.000 
 
 Ashtabula 
 
 Ashtabula 
 
 R. W. Calvin. 
 
 0,000 
 
 Athens 
 
 Athens 
 
 Wood & Wood. 
 
 3,000 
 
 Bariiesville 
 
 Belmont 
 
 E. L. Petty. 
 
 2,435 
 
 Batavia 
 
 Clermont 
 
 West <fc Hicks. 
 
 1,250 
 
 Bellaire 
 
 Belmont 
 
 J. F. Anderson. 
 
 8,025 
 
 Bellefontaine 
 
 Logan 
 
 Wm. Lawrence. 
 
 4,000 
 
 Belleville 
 
 Ricliland 
 
 A. H. Redding. 
 
 1,500 
 
 Bellevue 
 
 Huron 
 
 J. B. Miller. 
 
 3,500 
 
 Blanchester 
 
 Clinton 
 
 D. B. Scott. 
 
 1,500 
 
 Blufifton 
 
 Alien 
 
 A. J. Owens. 
 
 1,290 
 
 Bowling Green 
 
 Wood 
 
 F. A. Baldwin. 
 
 2,000 
 
 Bradford 
 
 3Iiami 
 
 N. Iddings. 
 
 2,373 
 
 Bridgeport 
 
 Belmont 
 
 (See Martiii's Ferry.) 
 
 2,325 
 
 Bryan 
 
 "Williams 
 
 .TOHN W. LEIDHIGH, ' 
 
 72. 3,200 
 
 Bucjrrus 
 
 Crawford 
 
 F. Adams. 
 
 5,000 
 
 Cadiz 
 
 Harrison 
 
 S. B. Shotwell. 
 
 1,900 
 
 Caldwell 
 
 Noble 
 
 D. S. Spriggs. 
 
 1,200 
 
 Cambridge 
 
 Guernsey 
 
 R. AV. Anderson. 
 
 4,000 
 
 Canal Dover 
 
 Tuscarawas 
 
 J. A. Hostettler. 
 
 2,423 
 
 Canton 
 
 Stfark 
 
 j Day & Lynch. 
 1 1 -4. C. Hiner. 
 
 20,000 
 
 Cardington 
 
 Morrow 
 
 T. E. Duncan. 
 
 1,500 
 
 Carey 
 
 Wyandot 
 
 W. T. Dickerson. 
 
 1.500 
 
 CarroUton 
 
 Carroll 
 
 Hon. Robert Raley, 
 
 1,136 
 
 Celina 
 
 Mercer 
 
 T. T. Godfrey. 
 
 3,000 
 
 Chagrin Falls 
 
 Cuyahoga 
 
 A. R. Odell. 
 
 1.800 
 
 Chardon 
 
 Geauga 
 
 Bostwick & Carroll. 
 
 1,500 
 
 Chai-loe 
 
 Paulding 
 
 P. W. Hardestv. 
 
 140 
 
 Chillicothe 
 
 Ross 
 
 Hon. 31. L. Clark. 
 
 12,000 
 
 Cincinnati. 
 
 Hamilton 
 
 County. Population 255 
 
 ,708 
 
 Blackburn, C. H., N. W. Cor. 6th & Walnut Sts. 
 
 Sec Card in Appendix, page xvii. 
 
 X Cobb, Orris P., S. E. Cor. 9th & Main St. 
 
 See Card in Appendix, page xvii. 
 
 SMEDES, .JOHN M., '82, 218 Main Sts.
 
 <338 
 
 OHIO. 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. POPULA N. 
 
 Circleville 
 
 Pickaway 
 
 H. F. Page. 
 C Webster & Angell. 
 
 6,500 
 
 Cleveland 
 
 Cuyahoga 
 
 ? Mercantile Bank Bld'g. 
 ( f Andrew J. Sanford. 
 
 225,000 
 
 Clyde 
 
 Sandusky 
 
 J. M. Lemmon. 
 
 2,800 
 
 Columbiana 
 
 Columbiana 
 
 F. A. Witt. 
 
 1,800 
 
 Columbus 
 
 Franklin 
 
 Alberry & Alberry. 
 
 70,000 
 
 Columbus Grove 
 
 Putnam 
 
 N. W. Ogan. 
 
 2,000 
 
 Conneaut 
 
 Ashtabula 
 
 A. K. Hayward. 
 
 1,500 
 
 Coshocton 
 
 Coshocton 
 
 Nicholas & .James 
 
 3,044 
 
 Crestline 
 
 Crawford 
 
 D. Babst, Jr. 
 
 4,000 
 
 Cuyahoga Falls 
 
 Summit 
 
 Chas. Howland. 
 
 2,2006 
 
 Dayton 
 
 IMontgomery 
 
 C GRAFTON C. KENNEDY, 
 ( 27 N. Main St. 
 
 '87 
 38,675 
 
 Defiance 
 
 Defiance 
 
 W. Carter. 
 
 8,000 
 
 Delaware 
 
 Delaware 
 
 Carper & Van Deman. 
 
 8,000 
 
 Dolphos 
 
 Van Wert 
 
 H. A. Reeves. 
 
 5,500 
 
 Delta 
 
 Fulton 
 
 W. H. Gavitt. 
 
 2,858 
 
 Deshler 
 
 Henry 
 
 E. W. Worden. 
 
 1,200 
 
 Doylestown 
 
 Wayne 
 
 .James B. Meech. 
 
 1,325 
 
 Dunkirk 
 
 Hardin 
 
 G. Z. Cruzen. 
 
 1,311 
 
 East Liverpool 
 
 Columbiana 
 
 H. R. Hill, 
 
 8,000 
 
 East Palestine 
 
 Columbiana 
 
 C. P. Rothwell. 
 
 1,200 
 
 Eaton 
 
 Preble 
 
 Foos & Fisher. 
 
 3.500 
 
 Edgerton 
 
 Williams 
 
 A. D. Austin. 
 
 1,300 
 
 Elmore 
 
 Ottawa 
 
 Geo. Iveightley. 
 
 1,200 
 
 Elyria 
 
 Lorain 
 
 .Johnston & Leonard. 
 
 5,000 
 
 Felicity 
 
 Clermont 
 
 John Walker. 
 
 1,001 
 
 Findlay 
 
 Hancock 
 
 J. F. Burket. 
 
 4,850 
 
 Fostoria 
 
 Seneca 
 
 John A. Bradner. 
 
 4,860 
 
 Franklin 
 
 Warren 
 
 J. D. Miller. 
 
 3,500 
 
 Fremont 
 
 Sandusky 
 
 Buckland & Buckland. 
 
 10,000 
 
 Gallon 
 
 Crawford 
 
 J. W. Coulter. 
 
 7,000 
 
 Gallipolis 
 
 Gallia 
 
 F. L. Beardsley. 
 
 5,000 
 
 Garretsville 
 
 Portage 
 
 R. J. Webb. 
 
 1,000 
 
 Genoa 
 
 Ottawa 
 
 J. H. H. Uthoft-. 
 
 1,200 
 
 Georgetown 
 
 Brown 
 
 J. M. Markley. 
 
 1,700 
 
 Greenfield 
 
 Highland 
 
 W. H. Irwin. 
 
 2,500 
 
 Green Spring 
 
 Seneca 
 
 C, S. Burton. 
 
 1,200 
 
 Greenville 
 
 Darke 
 
 Meeker, Bowman & Meeker. 
 
 6,000 
 
 Hamilton 
 
 Butler 
 
 Thos. Milliken. 
 
 17,000 
 
 ilicksville 
 
 Defiance 
 
 Hon. S. T. Stephens. 
 
 2,000 
 
 Hillsborough 
 
 Highland 
 
 Collins & Collins. 
 
 4,000 
 
 Hudson 
 
 Summit 
 
 H. B. Foster. 
 
 1,625 
 
 Ironton 
 
 Lawrence 
 
 S. W. MORRIS, '72. 
 
 8,857 
 
 Jackson 
 
 Jackson 
 
 I. Dungan. 
 
 4,000 
 
 Jamestown 
 
 Greene 
 
 W. A. I'atton. 
 
 1,000 
 
 Jeflferson 
 
 Ashtabula 
 
 W. P. Howland. 
 
 1,008 
 
 Kent 
 
 Portage 
 
 C. B. Newton. 
 
 4, .500 
 
 Kenton 
 
 Hardin 
 
 S. T. ARMSTRONG. 
 
 3,840 
 
 Lancaster 
 
 Fairfield 
 
 W. A. Schultz. 
 
 8,000 
 
 Lebanon 
 
 Warren 
 
 Runyan & Dilatush. 
 
 3,500 
 
 Jjeesville 
 
 Carroll 
 
 WM. ADAIR. 
 
 408 
 
 Leetonia 
 
 Columbiana 
 
 M. E. Taggart. 
 
 2,552 
 
 Leipsic 
 
 Putnam 
 
 ( t C. Babb. 
 
 } .Jacob Warner. 
 
 1,000 
 
 Lima 
 
 Allen 
 
 D. J. Cable. 
 
 9,000 
 
 Logan 
 
 Hocking 
 
 H. L. Wright. 
 
 3,500 
 
 Lorain 
 
 Lorain 
 
 Q. A. Gilmore. 
 
 3,600
 
 OHIO. 
 
 639 
 
 PLACE. 
 
 COUNTY. 
 
 London 
 
 ^ladison 
 
 Loiidonvilk- 
 
 Ashland 
 
 Lynchburgh 
 
 Higldand 
 
 McArthur 
 
 Vinton 
 
 McConnellsville 
 
 ^[orj^au 
 
 MaiK-licstiT 
 
 Adams 
 
 Mansfield 
 
 Ilichland 
 
 Marietta 
 
 Washington 
 
 Marion 
 
 Marion 
 
 ]\laitiii"s Ferry 
 
 Belmont 
 
 Marysville 
 
 Union 
 
 l\[assilloii 
 
 Stark 
 
 ?»[t'(])aiiii-sbiu'<4h 
 
 Champaign 
 
 Medina 
 
 Medina 
 
 Mianiisburj;-]! 
 
 Montgomery 
 
 Middletown 
 
 Butler 
 
 3[ilan 
 
 Erie 
 
 Millersburgh 
 
 Holmes 
 
 a^[inerva 
 
 Stark 
 
 ]\[onroeville 
 
 Huron 
 
 iMoutpelier 
 
 Williams 
 
 ]\[orrow 
 
 Warren 
 
 Mt. Gilead 
 
 Morrow 
 
 Mt. Vernon 
 
 Knox 
 
 Napoleon 
 
 Henry 
 
 Nelsouvilk' 
 
 Athens 
 
 Newark 
 
 Licking- 
 
 New Lexington 
 
 Perry 
 
 New Lisbon 
 
 Columbiana 
 
 New Loudon 
 
 Huron 
 
 New Paris 
 
 Preble 
 
 New Philadelphia 
 
 Tuscarawas 
 
 New llicliinoud 
 
 Clermont 
 
 New Vienna 
 
 Clinton 
 
 Niles 
 
 Trumbull 
 
 North Lewisburgh 
 
 Champaign 
 
 Norwalk 
 
 Huron 
 
 Oak Harbor 
 
 Ottawa 
 
 Oberlin. 
 
 Loraine 
 
 Orrville 
 
 Wayne 
 
 •Ottawa 
 
 Putnam 
 
 Oxford 
 
 Butler 
 
 Painesville 
 
 Lake 
 
 Paulding 
 
 Paulding 
 
 Perrybury 
 
 Wood 
 
 Piqua 
 
 Miami 
 
 Plymouth 
 
 Richland 
 
 Pomery 
 
 Meigs 
 
 Pori; Clinton 
 
 Ottawa 
 
 Portismouth 
 
 Sciota 
 
 Kavenna 
 
 Portage 
 
 Rioliwood 
 
 L^nion 
 
 Iiipley 
 
 Brown 
 
 ■8t. Clairsville 
 
 Belmont 
 
 •St. Marys 
 
 Auglaize 
 
 ;St. Paris 
 
 Champaign 
 
 NAMES OF ATTORNEYS. POPUT.a'n. 
 
 Goo. W. Wilson. 
 
 3,r)00 
 
 H. L. McCray. 
 
 2,000 
 
 I. Troth. 
 
 1,200 
 
 H. C. .Tones. 
 
 1,000 
 
 E. M. Stanberry. 
 
 2,000 
 
 Henry Collins. 
 
 2,000 
 
 W. L. SEWELL. 
 
 12,000 
 
 Hon. H. L. Siblev. 
 
 6. 500 
 
 W. Z. Davis. 
 
 G.500 
 
 JOHN S. COCHRAN, '63. 
 
 3.810 
 
 Robinson & Piper. 
 
 3,000 
 
 F. L. Baldwin. 
 
 9,000 
 
 T. S. Cheney. 
 
 2,000 
 
 Jas. Andrews. 
 
 2,000 
 
 A. K. Clay. 
 
 2,500 
 
 11. P. SMITH. '76. 
 
 4,538 
 
 H. N. Shipman. 
 
 1,675 
 
 Maxwell & Sharp. 
 
 3.000 
 
 G. G. B. Greenwood. 
 
 1,000 
 
 J. P. Cornell. 
 
 2,000 
 
 Geo. Strayer. 
 
 1,000 
 
 A. Anderson. 
 
 1,100 
 
 B. Andrews. 
 
 1.216 
 
 Adams & Adams. 
 
 6,500 
 
 J. H. Tyler. 
 
 5,000 
 
 W. C. Hickman. 
 
 4,308 
 
 Atherton & Flory. 
 
 12,000 
 
 Butter & Huftman. 
 
 1,600 
 
 S. J, Firestone. 
 
 2,500 
 
 R. C. Powers. 
 
 1,500 
 
 John Moore. 
 
 1,000 
 
 JOHN S. GRAHAM. 
 
 
 t P. S. Olmstead. 
 
 3,070 
 
 Frank Davis. 
 
 2,545 
 
 W. 11. WEST, '66. 
 
 797 
 
 J. N. Cowdrey. 
 
 4,000 
 
 M. C. Gowey. 
 
 1.100 
 
 John A. Williamson. 
 
 7,500 
 
 C. I. York. 
 
 1,000 
 
 W. B. Bedortha. 
 
 4,000 
 
 S. N. Coe. 
 
 1,800 
 
 Thomas & Sutton. 
 
 2,000 
 
 P. W. Smith. 
 
 1.744 
 
 A. A. Amidon. 
 
 5,000 
 
 f Chas. W. Baughman. 
 
 
 \ G. I. Chatterton. 
 
 1,250 
 
 Geo. W. Potter. 
 
 
 Cook & Troup. 
 
 2,000 
 
 J. M. McDonald. 
 
 8,000 
 
 W. W. Drennan. 
 
 1,150 
 
 A. W. Voihes. 
 
 5,865 
 
 T. J. IMarshall. 
 
 2,000 
 
 Harper. Searl & Milner. 
 
 13,000 
 
 G. F. Robinson. 
 
 4,000 
 
 S. S. Gardiner. 
 
 1,500 
 
 G. Bamback. 
 
 3,. 500 
 
 S. C. Kelley. 
 
 1,228 
 
 Chas. Bulloch. 
 
 2,500 
 
 C. E. Benaker. 
 
 1,400
 
 640 
 
 OHIO. 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. POP 
 
 ula'n. 
 
 Salem 
 
 Columbiana 
 
 R. Taggart. 
 
 7,000 
 
 tSalineville 
 
 Columbiana 
 
 S. W. Ramsey. 
 
 2,500 
 
 Sandusky 
 
 Erie 
 
 F. W. Cogswell. 
 
 21,500 
 
 Shelby 
 
 Kichland 
 
 S. S. Bloom. 
 
 8,600 
 
 Sidney 
 
 Shelby 
 
 AV. D. Davis. 
 
 4,500 
 
 Somerset 
 
 Perry 
 
 R. M. Barr. 
 
 1,500 
 
 Springfield 
 
 Clarke 
 
 Cochran & Rodgers. 
 
 32,000 
 
 Steubenville 
 
 Jefferson 
 
 J. H. Miller. 
 
 15,000 
 
 Tiffin 
 
 Seneca 
 
 Noble & Adams. 
 
 7,900 
 
 Tippecanoe City 
 
 Miami 
 
 A. E. Kerns. 
 C Bissell & Gorrill. 
 ] Eead.W.H.A., 9 Hartford Bll 
 ( t '/. C. Bike. 
 
 2,000 
 
 Toledo 
 
 Lucas 
 
 :.72,504 
 
 
 
 
 Troy 
 
 Miami 
 
 <s J. A. Davy, '81. 
 
 ■^ See Card in A2)pendix, page xvii, 
 
 4,606 
 
 Uhrichsville 
 
 Tuscarawas 
 
 J. W. Loller. 
 
 3,500 
 
 Upper Sandusky 
 
 Wyandot 
 
 John D. Sears. 
 
 4,000 
 
 Urbana 
 
 Champaign 
 
 F. Chance. 
 
 8,000 
 
 Van Wert 
 
 Van AVert 
 
 Saltzgaber & Glenn. 
 
 5,500 
 
 Versailles 
 
 Darke 
 
 Thos. A. Burns. 
 
 1,600 
 
 Wadsworth 
 
 Medina 
 
 A. Pardee. 
 
 2,000 
 
 Wapakoneta 
 
 Auglaize 
 
 Brotherton & Davis. 
 
 3.500 
 
 Warren 
 
 Trumbull 
 
 C. A. Harrington. 
 
 5,000 
 
 Washington C H 
 
 Fayette 
 
 Maynard & Maynard. 
 
 5,000 
 
 Waiiseon 
 
 Fulton 
 
 H. H. & F. F. Ham. 
 
 1,905 
 
 Waverly 
 
 Pike 
 
 Cole & James. 
 
 2,000 
 
 Wellington 
 
 Lorain 
 
 J. H. Dickson. 
 
 1,900 
 
 Wellston 
 
 Jackson 
 
 E. B. Bingham. 
 
 1,952 
 
 Wellsville 
 
 Columbiana 
 
 P. C. Young, 
 
 3,877 
 
 West Liberty 
 
 Logan 
 
 R. N. Jordan. 
 
 1,500 
 
 West Milton 
 
 Miami 
 
 W. S. Kessler. 
 
 1,000 
 
 West Union 
 
 Adams 
 
 Henry Scott. 
 
 900 
 
 Wilmington 
 
 Clinton 
 
 ]\Iills & VanPelt. 
 
 3,000 
 
 Woodsfield 
 
 Monroe 
 
 R. E. TILFORD. 
 
 861 
 
 Wooster 
 
 Wayne 
 
 
 6,300 
 
 Xenia 
 
 Greene 
 
 Little & Shearer. 
 
 8,500 
 
 Youngstown 
 
 Mahoning 
 
 GEO. C. HATCH. 
 
 15,481 
 
 Zanesville 
 
 Muskingum 
 
 J. J. Adams. 
 
 18,120
 
 OHIO. 
 
 641 
 
 BANKS IN OHIO. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital of one 
 bank in each county of this state in whicli such a banking institution is located. 
 
 Akrou 
 
 Ashland 
 
 Athens 
 
 Batavia 
 
 Bellefontaine 
 
 Bryan 
 
 Bucyrus 
 
 Cadiz 
 
 Caldwell 
 
 Cambridge 
 
 Canton 
 
 Carrollton 
 
 Celina 
 
 Chardon 
 
 Chillicothe 
 
 Cincinnati 
 
 Circleville 
 
 Cleveland 
 
 Columbus 
 
 Coshockton 
 
 Dayton 
 
 Defiance 
 
 Delaware 
 
 Eaton 
 
 Elyria 
 
 Findlay 
 
 Fremont 
 
 Gallipolis 
 
 Georgetown 
 
 Greenville 
 
 Hamilton 
 
 Hillsborough 
 
 Ironton 
 
 Jackson 
 
 .Tefterson 
 
 Kenton 
 
 Lancaster 
 
 Lebanon 
 
 Lima 
 
 Logan 
 
 London 
 
 Mansfield 
 
 Marietta 
 
 NAME OF BAXK. 
 
 City National Bank 
 First National Bank 
 First National Bank 
 First NationrJ Bank 
 Bellefontaine National Bank 
 First National Bank 
 First National Bank 
 First National Bank 
 Noble County Nat Bank 
 Old National Bank 
 Fii'st National Bank 
 Cummings & Couch 
 Citizens' Bank 
 Geauga Sav. & Loan Ass'n 
 First National Bank 
 Third National Bank 
 First National Bank 
 National Bank of Commerce 
 First National Bank 
 Farmers' Bank 
 Third National Bank 
 Defiance National Bank 
 First National Bank 
 Farmers' & Citizens' Bank 
 National Bank of Elyria 
 First National Bank 
 First National Bank 
 First National Bank 
 First National Bank 
 Second National Bank 
 First National Bank 
 First National Bank 
 First National Bank 
 First National Bank 
 First National Bank 
 First National Bank 
 Hocking Valley Nat Bank 
 Lebanon National Bank 
 First National Bank 
 First Bank of Logan 
 Central Bank 
 Citizens' National Bank 
 First National Bank 
 
 
 PAID VV 
 
 CASHIER. 
 
 CAPITAL. 
 
 A. Wagoner. 
 
 .•i^'200.000 
 
 Jos. Patterson. 
 
 r)0.000 
 
 D. H. :Moore. 
 
 50.000 
 
 J. F. Dial. 
 
 80,000 
 
 Jas. Leister. 
 
 100,000 
 
 D. C. Baxter. 
 
 (iO.OOO 
 
 G. C. Gormly. 
 
 100,000 
 
 L C. Moore. 
 
 120,000 
 
 ^Y. A. Frazier. 
 
 60,000 
 
 A. R. ^lurray. 
 
 100,000 
 
 L. L. Miller. 
 
 100,000 
 
 
 .50,000 
 
 J. W. De Ford. 
 
 :50,000 
 
 S. 8. Smith. 
 
 100,000 
 
 E. R. 3IcKee. 
 
 300,000 
 
 "W. A. Lemmon. 
 
 1,600.000 
 
 Otis Ballard. 
 
 260,000 
 
 F. E. Rittman. 
 
 1,500,000 
 
 Theo. P. Gordon. 
 
 300,000 
 
 Samuel Irvine. 
 
 75,000 
 
 Chas. E. Drury. 
 
 400,000 
 
 E. Stjuire. 
 
 100,000 
 
 G. W. Powers. 
 
 100,000 
 
 C. F. Brook, Jr. 
 
 100.000 
 
 J. W. Ilulbert. 
 
 150.000 
 
 Chas. E. Niles. 
 
 50,000 
 
 A. PL 3Iiller. 
 
 100,000 
 
 J. S. Blackaller. 
 
 100,000 
 
 W. S. Whiteman. 
 
 50,000 
 
 R. A, Shuffleton. 
 
 100,000 
 
 John B. Cornell. 
 
 100,000 
 
 L. S. Smith. 
 
 100,000 
 
 H. B. Wilson. 
 
 300,000 
 
 D. Armstrong. 
 
 50,000 
 
 J. C. A. Bushnell. 
 
 70,000 
 
 H. W. Gramlich. 
 
 50,000 
 
 Thomas Methoff. 
 
 60.000 
 
 Joseph 3L Oglcsby. 
 
 50,000 
 
 C. M. Hughes. 
 
 100,000 
 
 Charles E. Bowen. 
 
 50,000 
 
 AVilliam Farrar. 
 
 40,000 
 
 S. A. Jennings. 
 
 100,000 
 
 E. M. Booth. 
 
 150,000
 
 642 
 
 OHIO. 
 
 PLACE. 
 
 KAME OF BANK. 
 
 Marion Fanner's Bank 
 
 Marysville People's Bank 
 
 McArthur Vinton County Nat Bank 
 
 McConnelsville First National Bank 
 
 Medina 
 Mt Gileacl 
 Mt Vernon 
 Newark 
 New Lisbon 
 
 Pho3nix National Bank 
 First National Bank 
 First National Bank 
 People's National Bank 
 First National Bank 
 
 New Philadelphia Exchange Bank 
 
 Norwalk Norwalk National Bank 
 
 Ottawa Ottawa Exchange Bank 
 
 Painesville Painesville National Bank 
 
 Paulding Potter's Bank 
 
 Pomeroy Pomeroy National Bank 
 
 Portsmouth. Farmer's National Bank 
 
 Ravenna Second National Bank 
 
 Sandusky Tliird National Bank 
 
 Sidney Citizens' Bank 
 
 Springfield First National Bank 
 
 St Clairsville First National Bank 
 
 Steubenville Steubenville National Bank 
 
 Tiffin Tiffin National Bank 
 
 Toledo First National Bank 
 
 Troy First National Bank 
 Upper Sandusky First National Bank 
 
 Urbana Citizens' National Bank 
 
 Van Wert First National Bank 
 
 Wapakoneta People's Bank 
 
 Warren First National Bank 
 Washington C H People's & Drovers' Bank 
 
 Wauseon Bank of Wauseon 
 
 West Union G. B. Grimes & Co 
 
 Wilmington First National Bank 
 
 Woodsfield Monroe Bank 
 
 Wooster Wayne County Nat Bank 
 
 Xenia Second National Bank 
 
 Youngstown First National Bank 
 
 Zanesville First National Bank 
 
 
 PAID UP 
 
 CASHIER. 
 
 CAPITAL. 
 
 J. J. Hane. 
 
 100,000 
 
 C. S. Chapman. 
 
 20,000 
 
 J. W. Delay, 
 
 50,000 
 
 R. Stanton. 
 
 100.000 
 
 R. M. McDowell. 
 
 75,000 
 
 R. P. Halliday. 
 
 60,000 
 
 Fred. D. Sturges. 
 
 50,000 
 
 John H. Franklin, Jr. 
 
 150,000 
 
 M. J. Child. 
 
 50.000 
 
 John Hance. 
 
 70,000 
 
 Chas. W. Millen. 
 
 100,000 
 
 (Slauson & Ewing.) 
 
 100,000 
 
 C. D. Adams. 
 
 200,000 
 
 Geo. W. Potter. 
 
 25,000 
 
 John McQuigg. 
 
 100,000 
 
 John M. Wall. 
 
 250,000 
 
 W. H. Beebe. 
 
 150,000 
 
 F. P. Zollinger. 
 
 200.000 
 
 W. A. Graham. 
 
 82,100 
 
 C. A. Phelps. 
 
 400,000 
 
 J. R. Mitchell. 
 
 100,000 
 
 Charles Gallagher. 
 
 125,000 
 
 J. W. Chamberlain. 
 
 125,000 
 
 S. D. Carr. 
 
 500.000 
 
 D. W. Smith. 
 
 200,000 
 
 
 105,000 
 
 W. W. Wilson. 
 
 100,000 
 
 John A. Conn. 
 
 60,000 
 
 F. Fritsch. 
 
 97,720 
 
 
 300,000 
 
 R. A. Robinson. 
 
 200.000 
 
 E. S. Callender. 
 
 10,000 
 
 
 25,000 
 
 C. C. Nichols. 
 
 100,000 
 
 W. C. Mooney. 
 
 50,000 
 
 
 75,000 
 
 Robt. Lytle. 
 
 150,000 
 
 
 500,000 
 
 Geo. H. Stewart. 
 
 200,000
 
 STATE OF 
 
 OREGON. 
 
 SUMMARY OF 
 
 Collection Lavv^s. 
 
 -t'ocRT Calendar, Instructions for taking Depositions, Legal Forms, Etc. 
 Expressly Prepared and Revised to Nov. 1st, ISST, for "Showers' 
 ■ Legal Directory and Merchants' Guide." for 18SS, bv 
 Stewart B. Linthicum, of the Portland Bar. 
 
 Achnowledgments. — May be taken in the state, by any judge of the su- 
 preme court, clerk of the supreme court, county judge, county clerk, justice 
 of the peace or notary public ; out of the state, before any judge of a court 
 of record, justice of the peace or notary public, or other officer authorized by 
 the laws of such state, territory or district, to take the acknowledgment of 
 deeds therein, or before any commissioner appointed by the governor of this 
 state for such purpose ; and unless the acknowledgment be taken before such 
 commissioner, it must have attached thereto a certificate of the clerk or other 
 proper certifying officer of a court of record of the county or district within 
 which such acknowledgment was taken, under the seal of his office, that the 
 person whose name is subscribed to the certificate of acknowledgment, was, 
 at the date thereof, such officer as he is therein represented to be, and that 
 he believes the signature of such person subscribed thereto, to be genuine ; 
 and that the deed is executed and acknowledged according to the laws of such 
 state, territory or district. Out of the United States before any notary pub- 
 lic iu such foreign country, or before any minister plenipotentiary, minister 
 extraordinary, minister resident, charge d' affaires, commission, or consul of 
 the United States apijointed to reside therein, which acknowledgment shall 
 be certified therein 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 cei- 
 ti fie ate. 
 
 The acknowledgment of a married woman residing in this state, joining 
 with her husband in a deed of conveyance of real estate, situated within this 
 state, shall be taken separately and apart from her husband, and she shall 
 acknowledge that she executed such deed freely and without fear or com- 
 pulsion from any one. 
 
 When any married woman not residing in this state, shall join with her 
 husband in a conveyance of real estate, situated within this state, the con- 
 veyance shall have the same effect as if she were sole, and the acknowledg- 
 ment or proof of such conveyance by her, may be the same as if she were 
 sole. 
 
 [Org. 1.]
 
 644 OREGON. 
 
 Form of Acknowledgment. 
 
 Statk op Orepon, "I 
 County of . j * 
 
 I, , clerk (uame of court in full sufficient), in and for said county 
 
 and state, (being a court of record), do hereby certify that , the person 
 
 subscribing the annexed certificate of acknowledgment, and before whom 
 
 said acknowledgment was made, was, at the date thereof, a in and for 
 
 said county and state, duly qualified ; that by virtue of his said office he is 
 authorized to take acknowledgments and administer oaths. I further certify 
 
 that I am acquainted with the handwriting of the said , and believe the 
 
 signature of the said , subscribed to the said certificate, is his genuine 
 
 signature, and that the within and foregoing is executed and acknowl- 
 edged according to the laws of the state of 
 
 III witness wliereof, I have hereunto set my liaud and affixed my official 
 seal, this, the day of , A. D. 18—. 
 
 Form of Acknowledgmeutfor JIuHba/td and Wife. 
 
 > ss 
 
 Statk of Oregon, 
 County of . 
 
 This certifies that on this day of , A. D. 18 — , before me, the 
 
 undersigned, a , in and for the county and state aforesaid, personally ap- 
 peared the within-named A. B. and C. D. , his wife, to me known 
 
 to be the individuals described in, and who executed the within instrument, 
 and the said A. B. acknowledged to me that he executed the same ; and the 
 said C. D., wife of the said A. B. being by me examined separate and apart 
 from her husband, then and there acknowledged to me that she executed such 
 conveyance freely and without fear or comijulsion from any one. 
 
 Witness my hand (or hand and seal as the case maybe) the day and 
 
 year in this certificate first above written. 
 
 {Signature.) 
 
 Actions. — Shall be prosecuted in the name of the real party in interest, but 
 this shall not be deemed to authorize the assignment of a thing in action not 
 arising out of contract. 
 
 An executor or administrator, a trustee of an express trust, or a person ex- 
 pressly authorized by statute may sue Avithout joining with him the person 
 for whose benefit the action is jn'osecuted. 
 
 Administration of Estates of Deceased Persons.— County court has 
 exclusive jurisdiction. County court empowered to grant letters testamen- 
 tary or of administration when testator or intestate at or immediately 
 before death, was inhabitant of county, in whatever place he may have ; 
 when he, not being inhabitant of state, shall have died in county, leaving 
 assets therein ; when he, not being inhabitant of state, shall have died out of 
 state, leaving assets in county ; when he, not being inhabitant of state, shall 
 have died out of state, not leaving assets therein, but where assets thereafter 
 came in county. Where real property devised l)y testator, or belonging to 
 intestate, is situated in county, and no other county court has gained jui'is- 
 diction under any of the above sub-divisicms. 
 
 Letters to be issued in following order ; 1st. To widow or next of kin, or 
 both, in discretion of court ; 2d. To one or more of principal creditors ; and 
 3d. To any other person competent and qualified, whom the court may 
 select. 
 
 Husband entitled to administer in estate of wife, if competent and qualified 
 and if ho apply therefor within tliirty days from decease, unless by force of 
 [Org. 2.] 
 
 A
 
 OREGON. 645 
 
 Tnarriiigo-settlement or otherwise, she shall make testamentary disposition of 
 l^roperty, renderiui-- it proper to grant admiiiistratioii to S(mie one else. 
 
 No executor, unless expressly stated in will, or administrator authorized to 
 act until he tile with county clerk, undertaking in sum not less than double 
 value of estate with one or more sufficient sureties, to be ajiproved by court. 
 
 Inventory verified by oath of all real and jjersonal property to be tiled by 
 executor ur administrator within thirty days after appointment, unless time 
 extended by court. Before inventory filed, property therein to be apprai.sod 
 at cash value by three disinterested parties, a.ppointed by court. Executor 
 or administrator, immediately after appointment, shall publish notice thereof 
 in newsi)aper in county once a week for four successive weeks. Notice to 
 require creditors to i^resent claims with vouchers to executors at sonxe spec- 
 ified place in county within in six mouths from date of notice. 
 
 Claims not presented in six mouths cannot be paid until claims presented 
 without period have been satisfied. Every claim presented shall be testified 
 by affidavit of claimant or some one in his behalf, as set out in forms — "affi- 
 davit." No sale of property of estate valid without order of court. Execu- 
 tor or administrator to file semi-annual accounts, under oath, showing 
 amount of money received and expended, from whom received and to whom 
 paid, with proper vouchers of payment. Amount of claims i)resented 
 against estate, and allowed or disallowed, and name of claimants. Execu- 
 tor or administrator to file final account when estate administered, same to 
 be under oath and contain detailed statement of amount of money received 
 and expended, from whom received and to whom paid, refer to vouchers, 
 and the amount still vinexpeuded. In filing final account court or judge 
 shall make order directing notice thereof to be given in same mamier as 
 notice of appointment of executor or administrator, and appoint a day at 
 some time subsequent for hearing of objections to final account and settle- 
 ment thereof. On hearing covirt shall give decree allowing or disallowing 
 final account and such decree is prima facie evidence of the correctness of 
 account in any other suit or action between the i)arties. 
 
 Charges and claims against estate to be paid in following order : 1. Fun- 
 t'ral charges. 2. Taxes due United States. 3. Exi)enses of last sickness. 
 4. Taxes due state, county or other public corporation therein. 5. Debts 
 preferred by laws of United States. 0. Debts, which at death of deceased 
 were liens on his real property, in order of j^riority. 7. All other claims. 
 
 Form of Letters of Administrntion. 
 
 State of Oregon, } 
 County op ji 
 
 To all persons to whom these presents shall come greeting : 
 
 Know ye that it appearing to the court aforesaid that ■ has died in- 
 
 testate, leaving at the time of his death property in this state, such court 
 
 has duly appointed administrator of the estate of such , this, 
 
 therefore, authorizes the said to administer the estate of the said 
 
 deceased according to law. 
 
 Ill testimony whereof, I have hereunto set my hand and affixed my official 
 seal, this day of , A. D. 18 — . 
 
 Affidavits. — In all affidavits or depositions the witness must be made to 
 speak in the first person. An affidavit or deposition, taken in another state 
 of the United States, or a territory thereof, the District of Columbia, or in a 
 foreign c(mntry, otherwise than upon commission, must be authenticated as 
 follows, before it can be used in this state : 1. It must be certified by a 
 commissioner appointed by the governor of this state to take affidavits and 
 depositions in such other state, territory, district or C(mntry ; or, 2. It must 
 be certified by a judge of a court having a clerk and seal to have been taken 
 and subscribed before him, at a time and place therein specified, and the ex- 
 
 [Org.3.] 
 
 ■■«s.
 
 646 OREGON. 
 
 istence of the court, the fact that said judge is a member thereof, and the 
 genuineness of his signature shall be certified by the clerk of the court 
 under the seal thereof. 
 
 Form of Affidavit. 
 
 ss. 
 
 State of Oregon, ) 
 County of . i 
 
 I, , being duly sworn, say that I am whose foregoing claim is. 
 
 hereunto presented to of said deceased, that I have personal knowledge 
 
 of the facts in reference to said claim ; that the amount claimed therein is 
 justly due, that no payments have been made thereon, except as above stated, 
 and that there is no just counter-claim to the same to the knowledge of the 
 affiant. 
 
 (Signature.) 
 
 Subscribed and sworn to before me this day of , A. D. 18 — . 
 
 (Official Signature.) 
 
 Aliens. — Any alien may acquire and hold lands, by purchase, devise or 
 descent, and he may convey, mortgage and devise the same, and if he shall 
 die intestate, the same shall descend to his heirs ; and in all cases such lands 
 shall be held, conveyed, mortgaged or devised, or shall descend in like man- 
 ner and with like effect as if such alien were a native or citizen of this state 
 or of the United States. The title to any lands conveyed shall not be ques- 
 tioned, nor in any manner affected by reason of the alienage of any person 
 from and through whom such title may have been derived. 
 
 Appeals. — Notice of appeal to supreme court must be sei-ved and filed 
 within six months from the enti'y of judgment or decree appealed from, and 
 notice of appeal to the circuit court shall be served and filed within thirty 
 days from entry of such judgment. 
 
 Within ten days from service of notice of appeal, appellant shall file with 
 clerk undertaking with one or more sureties, with qualifications of bail upon 
 arrest, that appellant will pay all damages, costs and disbursements which 
 may be awarded against him in appeal. Such an undertaking does not stay 
 the proceedings, unless, in general, the appellant undertake to satisfy and 
 obey the decree of the appellate court. 
 
 Upon appeal being j)erfected appellant must, by second day of next regu- 
 lar term of appellate court thereafter, file with clerk of such court, the 
 transcript of the cause. Thereafter the appellate court has jurisdiction 
 where judgment or decree is affirmed on appeal and the same is for recovery 
 of money or personal property or value thereof, judgment or decree shall be 
 given for 10 per cent, on amount thereof for damages for the delay, unless it 
 is evident to appellate court that there was probable cause for taking the 
 appeal. 
 
 Appeal from justice court or county is taken to the circuit court. The 
 decision of the county court given or made in the transaction of county 
 business can only be reviewed upon writ of review. 
 
 Arrest. — Defendant may be arrested in action to recover money or dam- 
 ages on cause of action arising out of contract when defendant is non-resi- 
 dent or is about to renKwe from the state — for an injury to person or charac- 
 ter or for injuring or wrongfully taking, detaining or converting property — 
 for fine or penalty, ov on i)romisc to marry, or for money received on prop- 
 erty embezzled or fraudulently misapjilied or converted to his own use by a. 
 public officer or by an attorney or by officer or agent of a corporation iu 
 [Org. 4.]
 
 OREGON. 647 
 
 course of his employment as such, or by any factor, aj,rent, broker or other 
 person in a tiduciary capacity or fur any misconduct or neglect in ofHce or in 
 a professional employment — to recover possession of personal property un- 
 justly detained, when proi)erty or any part has been concealed, removed or 
 disposed of, so that it cannot bo found or taken by sherilY, and with hatent 
 that it should not be so found or takeu, or with intent to deprive plaintiff of 
 benefit thereof — when defendant lias been guilty of a fraud in coutractinj,' 
 debt or mcurring obligation for which action is brought or in concealing or 
 disposing of property, for taking, detention or conversion of which action is 
 brought — when defendant has removed or disposed of his property or is about 
 to do so with intent to defraud creditors. 
 
 No female shall be arrested in any action, except for an injury to person, 
 character or j^roperty. 
 
 Assignments and Insolvency. — There is no insolvent law. There is an 
 act governing assignments. No general assignment by an insolvent, or in 
 contemplation of insolvency, for the benefit of creditors, is valid unless made 
 for the benefit of all his creditors in proportion to the amount of their re- 
 spective claims. The assent of creditors is presumed. The debtor selects 
 his assignee. If not satisfied with the assignee chosen by the debtor, two 
 or more creditors may apply by petition to the judge of the circuit court of 
 the county within thirty days from the making or recording of the assign- 
 ment, and the judge will order a meeting of the creditors to choose an assig- 
 nee in lieu of the one selected by the debtor. The assignee elected by the 
 creditors must be a resident of the same county as the assignor. Creditors 
 may appear at the meeting in person or by proxy, but, before being entitled 
 to vote, must present to the county clerk, who presides at the creditors' 
 meeting, a verified statement of their claims. A majority, in number and 
 value, of the creditors attending the meeting elect an assignee or assignees. 
 All assignees must give bond in double the value of the estate. An assign- 
 ment dischai'ges all attachments on which judgment has not been had at the 
 time of assignment. The assignee must give notice by publication and mail- 
 ing to creditors, who have three months in which to present claims. Debts 
 to become due, as well as debts due, may be presented. Exceptions may be 
 filed to the demand of any creditor, and the court will pass upon them. The 
 assignee has full power to dispose of the estate, real and personal, and dis- 
 tributes the proceeds among the creditors pro rata, under the order of the 
 circuit court, which has exclusive jurisdiction of assiginnents. When it ap- 
 pears that the debtor has acted fairly and justly, and has been guilty of no 
 fraud, or concealment of his property, and that his estate has been made to 
 realize the fullest amount possible, and not less than fifty per cent, of his in- 
 debtedness over and above all expenses, the court will, upon the allowance 
 of the final account of the assignee, make an order discharging the debtor 
 from all debts existing against him prior to the assignment. A debtor can 
 prefer a creditor by confessing judgment, giving a mortgage or transferring 
 specific property in payment. 
 
 Attachments. — Plaintiff may have property of defendant attached at the 
 time of issuing summons or any time afterwards, in an action upon a contract, 
 express or implied, for the direct payment of money, and which is not secured 
 by mortgage, lien or pledge upon real or jiorsonal property, or if so secured, 
 when such security has been rendered nugatory by the act of the defendant ; 
 and also in an action i;pon a contract, expressed or implied, against a defen- 
 dant not residing in this state. 
 
 Rights or shares which defendant may have in the stock of any association 
 together with the interest and ]>r(>fits thereon and all other property in this 
 state of defendant not exemjit fi'om execution, shall be liable to l)e attached. 
 Debts owing defendant may be garnished. 
 
 LOTS. 5.!
 
 648 OREGON. 
 
 Form of Affidavit for Attachment. 
 
 In the court of the state of Oregon for the county uf 
 
 , Phiintiir. 
 
 , Defendant. ) 
 
 Statk op Oregox, i 
 County of . ^ **■ 
 
 I, , being duly sworn, say that I am , the above named plaintiff. 
 
 That the above named defendant indebted to the said ijlaiutiff in the 
 
 full sum of dollars over and above all legal set-offs or counter-claims 
 
 upon an contract for the direct payment of money, and that the pay- 
 ment of the same has not been secured by any mortgage, lien or pledge, 
 upon real or personal property. 
 
 That the said sum of dollars for which this attachment is an actual, 
 
 bona fide, existing debt, due and owing from the said defendant to the said 
 plaintiff", and that this attachment is not sought nor this action prosecuted to 
 hinder, delay or defraud any creditor of the said defendant. 
 
 {Signature.) 
 
 Subscribed and sworn to before me this day of , A. D. 18 — . 
 
 {Signature.) 
 
 Banks and Bankers. — The legislative assembly shall not have the power 
 to establish or incorporate any bank or banking companj', or moneyed insti- 
 tution, whatever ; nor shall any bank, company, or institution, exist in the 
 state, with the privilege of making, issuing, or putting into circulation, any 
 bill, check, certificate, promissory note, or other paper, or paperof any bank, 
 company, or person, to circulate as money. 
 
 Bills of Exchange and Promissory Notes. — {See Notes and Bills of Ex' 
 change. 
 
 Bills of Lading and Warehouse Receipts.— All checks or receipts given 
 by any person operating any warehouse, commission house, forwarding 
 house, mill, wharf, or other place of storage, for any grain, ffour, pork, beef, 
 wool, or other produce or commodity, stored or deposited, and all bills of la- 
 ding and transportation receipts of any kind, are hereby declared negotiable, 
 and may be transferred by endorsement of the party to whose order such 
 check or receipt was given or issued, and such endorsement shall be deemed 
 a valid transfer of the commodity represented by such receipt, and may be 
 made either in blank or to the order of another. 
 
 Chattel Mortgages. — Assignments of personal property, capable of imme- 
 diate delivery, by way of mortgage, unless the same be accompanied by an 
 immediate deli veiy, and be followed by an actual and continued change of 
 possession, creates a presumption of fraud as against the creditors of the as- 
 signor during his possession, or as against subseqvient purchasers in good 
 faith and for a valuable consideration. But this presumption does not exist 
 in the case of a mortgage duly filed or recorded, as ])rovided by law. Every 
 mortgage so filed shall cease to be valid against creditors of persons making 
 the same, or subse<pient purchasers or mortgagors in good faith, after expira- 
 tion of one year from filing the same, or copy thereof, unless within 30 days 
 next preceding the expiration of tlie year the mortgagee, his agent or attorney, 
 shall make and annex to tlie instiiiment or copy on file, an affidavit setting 
 forth the interest Avhich the mortgagee has by virtue of such mortgage in 
 property therein mentioned, u])on which affidavit, clerk shall endorse time 
 when same was filed. Tlie validity of the mortgage may be presented by re- 
 newing the affidavit yearly ii\ tlie manner set forth above. 
 rOrg. 6.]
 
 OREGON. 649 
 
 Claims against Decedents' Estates. — (See Administration.) 
 
 Conditional Sales of Personal Property. — Where owner of personal 
 pi'opcrty, under agri-eineiit in ■writing, delivers same to another to be used, 
 and title to same was to beeome vested iu pertttrmauce of condition, until 
 such performance no title passed to party receiving pro^ierty, and sale by him 
 to a bona fide purchaser conveyed no title. 
 
 Corporations. — Domestic. — C'oriiorations may be formed under the state 
 laws, but shall not l»e created by special laws, except municipal c«nporations. 
 The articles of incorporation nuist be subscribed by three or more persons, 
 in triplicate, and acknowledged before an officer authorized to take ackm^wl- 
 edgnients, and file one of the articles with the secretary of state ; one with 
 the clerk of the county where the enterprise is proposed ; the third article to 
 be retained in the office of the corporation. Stockholders of all corporations 
 or joint stock companies are liable for indebtedness of corporation, to the 
 amount of stock subscribed. Corporations may allow a majority of dii'ee- 
 tors to reside without the state. In action against private corporations, ser- 
 vice may be had by serving summons on the president or authorized agent of 
 such corporation. Corporations not electing directors, and commencing 
 business within one year afterfiling articles of incorporation shall be divested 
 of corporate i)Owers, and if, after commencing business, it fails, neglect or 
 cease to carry on business for a period of six months its corporate powers 
 shall cease. 
 
 Foreign. — Corporations of other states complying with the laws of Oregon, 
 may transact business iu this state in the same manner as private corpora- 
 tions. When defendant is a foreign corporation service may be made by pub- 
 lication. An attorney for a non-resident corporation is liable for costs, unless 
 security is entered. 
 
 Courts, — Terms and Jurisdictions. — The Supreme Court has jurisdiction 
 only to revise the final decisions of the circuit courts. It holds two terms 
 each year — first Monday in March and October. 
 
 Tlte Circuit Courts have all judicial power, authority and jurisdiction not 
 vested by the constitution or by laws consistent therewith, exclusively in 
 some other court ; and they have appellate jurisdiction and supervisory 
 control over the county courts and all other mferior courts, officers aud 
 tribunals. 
 
 The County Courts have the exclusive jurisdiction of probate courts, and 
 likewise authority aud powers pertaining to county commissioners to transact 
 county business. They also have civil jurisdiction, but not exclusive where 
 the claim or sul)ject of the county does not exceed the value of five hundred 
 dollars. By the constitution, county courts have such criminal jurisdiction 
 not extending to death or imprisonment iu the penitentiary, as may be pre- 
 scribed by law. The county judge may grant preliminary injunctions and 
 such other writs as the legislative assembly may authorize him to grant, re- 
 turnable to the circuit court, or otherwise, as may be provided by law : and 
 may hear and decide questions arising upon habeas corpus, jirovided such de- 
 cision be not against the authority or proceedings of a court or judge of 
 equal or higher jurisdiction. 
 
 Justices'' Courts have civil jurisdiction not to exceed $250, but their juris- 
 diction does not extend to actions in which the title to real i)roperty shall 
 come into question, or to an action for false imprisonment, libel, slander, 
 malicious prosecution, criminal conversation, seduction, or upon a promise to 
 marry. 
 
 Justices' courts likewise have a minor criminal jurisdiction. 
 
 Court Calender.— 
 
 I'XITED STATES COURTS. 
 
 Circiiil Judf/r, Lorenzo Sawyer, of San Francisco, Cal. I>istricf ,Tii(hi<\ Matthew P. 
 Deady, ol' Portland, Ore'^on.' Clerk <>/ Oin-iiit rnici District Cnin-fs, Uoswell H. Lani- 
 son. 3/(:tcs?i((/, Penumbia Kelly. I'ltited i>iales Commiiisioner,Pau\'R. Doady. United 
 
 LOrg. 7.]
 
 650 
 
 OREGON. 
 
 States Masters in Chancery and Ezamiyiers, George H. Durham and W. B. Gilbert, of 
 Portland, Oregon. 
 
 Terms of Circuit Court, at Portland, 2d Mondays April and October. 
 
 Terms of District Court, at Portland, 1st Mondays March, July and November. 
 
 STATE SUPREME COURT. 
 
 Chief Justice, W. P. Lord, of Salem. Associate Justices, "Wallace W. Thayer, of 
 Portland, and Reuben S. Strahan, of Albany. Clerk, W. H. Holmes, of Salem. 
 Meets nrst Monday in March and October. 
 
 CIRCUIT AND COUNTY COURT CALENDAR. 
 
 County. County Seat. Dist. 
 
 Baker Baker City. . . 
 
 Benton .... Corvallis. . . . 
 (Uackamas . .Oregon City . 
 Clatsop . . . .Astoria .... 
 
 Columbia . . St. Helens . 
 Coss Empire City 
 
 Currv Ellensburg . . 
 
 Crook Prineville . . 
 
 Douglas. . . . Roseburg . . . 
 
 Gilliam.. . .Arlington . . 
 
 Grant Canyon City. 
 
 Jackson. . . . Jacksonville., 
 
 Josephine . . Kirbyville. . . 
 
 Klamath.. ..Linkville.. . 
 
 Lake Lakeview. . . 
 
 Lane Eugene City . 
 
 Linn Albany . . . . 
 
 Malhewe . . . Vale 
 
 Marion .... Salem . . 
 
 Morrow .... Heppner. . 
 
 Multnomah . Portland. . 
 
 Polk Dallas . . 
 
 Tillamook . . Tillamook 
 Umatilla . .Pendleton 
 
 Union Union . . . 
 
 Wallowa Joseph. . . 
 
 Wasco .... The Dalles. . 
 Washington. .Hillsboro. . 
 Yamhill ... La Fayette., 
 
 [Org. 8.1 
 
 Circuit Court. 
 When held. 
 
 1st Mon. ;Mar., 2d Mon. 
 
 June and October.. . . 
 4th Mon. March, od Mon. 
 
 November 
 
 3d Mon. April, 2d Mon. 
 
 November 
 
 2d Mon. Jan., 3d Mon. 
 
 May, 1st Mon. Sept . . 
 
 Wed. after 1st Mon. May. 
 
 4th Mon. May, Sd Mon. 
 
 September 
 
 2d Monday June 
 
 Last Mon. Apr., 1st Mon. 
 
 October 
 
 2d Mon. Oct., 1st Mon. 
 
 May 
 
 4th Mon. Jan., 4th Mon. 
 
 August 
 
 2d Mon. April, 1st Mon. 
 
 November 
 
 2d Mon. Jan., 1st Mon. 
 
 May and October . . 
 2d Mon. April, 1st Mon. 
 
 November 
 
 2d Mon. June, 1st Mon. 
 
 September 
 
 2d Mon. Feb., 3d Mon. 
 
 August 
 
 3d Mon. April, 1st Mon. 
 
 November 
 
 2d Mon. Mar., 4th Mon. 
 
 October and June. . . . 
 4th Mon. .lune, 4th Mon. 
 
 November 
 
 2d |Mon. Oct., February, 
 
 June 
 
 2d Mon. Mar.. 3d Mon., 
 
 September 
 
 3d Mon. Jan , 1st Mon. 
 
 May and September. . 
 2d Mon. May, 1st Mon. 
 
 December 
 
 3d Monday July 
 
 4th Mon. Jan., 1st Mon. 
 
 May and September. . 
 3d Mon. Feb., 4tli :\Ion. 
 
 May and September. . 
 
 3d Mon. Mar., 4th Mon. 
 
 August 
 
 2d Mon. Feb., last Mon. 
 
 May and October . . 
 2d Mon. June, 1st Mon. 
 
 December 
 
 4th Mon. Mar., 4th Mon. 
 
 September 
 
 County Court. 
 When held. 
 
 1st Mon. Jan., Mar.. May, 
 
 July. Sept. and Nov. 
 1st Mon. each month. 
 
 1st Mon. each month. 
 
 1st Mon. Jan., Apr., July 
 
 and September 
 1st Mon. Jan., Apr., July 
 
 and Septemper. 
 1st Mon. Jan., Apr., July 
 
 and Septembei. 
 1st Mon. Jan., Apr., July 
 
 and September. 
 1st Mon. Feb., and every 
 
 alternate month 
 1st Mon. Jan., Apr., July 
 
 and September. 
 1st Mon. each alternate 
 
 month after. 
 1st JNIon. Jan., Mar.. May,. 
 
 .July, Sept. and Nov. 
 1st Mon. each month. 
 
 1st Mon. Jan., Apr., July 
 
 and September. 
 1st Mon Mar.,June,Sept. 
 
 and Dec. 
 1st Mon. Jan., Mar. .May, 
 
 July, Sept. and Nov. 
 1st Mon. Jan., Mar ,May, 
 
 July, Sept. and Nov. 
 1st Mon. each month. 
 
 1st Mon. each alternate 
 mo. after appointment 
 by Gov. of Co. officers. 
 
 1st Mon. each month. 
 
 1st Mon. each alternate 
 
 month after. 
 1st Mon. each month. 
 
 1st Mon. eacli month. 
 1st Mon. Jan., Apr., July 
 
 and September. 
 1st Mon. Jan., Apr., July 
 
 and September 
 2d Mon. May. 1st Mon. 
 
 Jan., Mar., July, Sei)t. 
 
 and November. 
 1st Mon. Jan., Apr., July 
 
 and September. 
 1st Mon. Jan., Mar.,May, 
 
 July, Sept. and Nov. 
 1st Mon. each month. 
 
 1st Mon. Jan., Mar., May, 
 July, Sept. and Nov
 
 OREGON. 651 
 
 Curtesy. — Whcu man and his wife shall be seized in her right of any in 
 heritance in lands, the hnsband shall, on death of his wife, hold the lands for 
 his life as tenant thereof by curtesy, although such husband and wife may 
 not have hail issue born alive. 
 
 Deeds. — Executed in the state must be signed and sealed by grantors, and 
 require two witnesses. Scroll of pen sufficient seal. Married woman must 
 join with husband in making deed. Out of the state deeds may be executed 
 according to the laws of state, territory, district or country where made. 
 
 Deeds are recorded in clerk's office of county in which land lies, and if not 
 recorded within five days after such execution shall be void against any sub- 
 sequent purchaser in good faith, and for a valuabls consideration of the same 
 real property, or any portion thereof, whose conveyance shall be first duly 
 recorded. (See Acknowledgments.) 
 
 Descent and Distribution. — If person die seized of real estate or any in- 
 terest or right thereto, in fee simple. Same shall descend subject to debts ; 
 1st. In equal shares to children and to issue of any deceased child by right of 
 representation. If intestate leave no child living at time of death, to all 
 other live descendants, if such descendants are in the same degree of kindred 
 to intestate, they take equally, otherwise they take by right of representa- 
 tion ; 3d. If intestate leave no lineal descendants, then wife takes, and if no 
 wife, then father takes ; 3d. If intestate leave no lineal descendants, wife or 
 father, then property descends in equal shares to brothers and sisters, and to 
 issue of any brother or sister by right of representation ; but if intestate 
 leave mother, she shall share equally with brothers and sisters; 4th. If intes- 
 tate leave iiolineal descendants, wife, father, or brothers or sisters living at 
 time of death, real property shall descend to mother to exclusion of issue of 
 deceased brothers and sisters : 5th. If intestate leave no lineal descendants, 
 wife, father, mother, brothers or sisters, real property shall descend to next 
 of kin, in equal degree, except that when there are two or more collateral 
 kindred in equal degree, but claiming through different ancestors, than those 
 claiming through nearest ancestor preferred to those claiming through more 
 remote •, 6. If intestate leave one or more children, and issue of one or more 
 deceased children, and any of such surviving children shall die under age, 
 not being married, real property that came to deceased child by inheritance 
 shall descend in equal shares to other children of intestate, and to issue of 
 any other children of such intestate who shall have died, by right of repre- 
 sentation. But if all other children shall have died, and any of them shall 
 have left issue, such real property so inherited by such deceased child, shall 
 descend to all the issue of such other children of the intestate in equal shares 
 if they are in the same degree of kindred, to such deceased child, otherwise 
 they shall take by right of representation ; 7th, If intestate leave no lineal 
 descendants or kindred, such real property shall escheat to state of Oregon. 
 
 Personal Property {where no lawful bequest). — Widow allowed all articles 
 of apparel and ornaments, and certain provisions for support of herself and 
 minor children. 
 
 The residue, after payment of debts, shall be distributed among persons 
 who would be entitled to real property of intestate, as provided above, and in 
 like in-oportion, except as herein provided ; 1st. If intestate leave husband, lie 
 is entitled to whole of residue of property ; 2d. If intestate leave widow and 
 issue, widow entitled to one-half of residue. But if intestate leave widow 
 and no issue, widow entitled to whole of residue ; 3d. If there is no husband, 
 widow or kindred, residue shall escheat to state of Oregon. 
 
 Illegitimate child deemed heir to mother, and shall inherit and receive 
 her property, real or i)ersonal, as if born in lawful wedlock, but such child 
 shall not be entitled to inherit and receive as representing his mother, any 
 property, real or personal, of the kindred, either lineal or collateral, of such 
 mother. 
 
 [Ojg. 90
 
 652 OREGON. 
 
 Illegitimate cliild dying Intestate, and leaving no widow, husband or law- 
 ful issue, jn'operty, real or personal, shall descend to or be received by 
 mother. 
 
 lUigitimate child made legitimate' to all intents and ]>iirp()ses by after mar- 
 riage of parents. 
 
 Degrees of kindred to be computed ])y rules of civil law, and kindred of 
 half-blood shall inherit or receive equally with those of whole blood in same 
 degree. 
 
 Depositions. 
 
 IXSTRCCTIONS. 
 
 When the depositions are completed, they must be sealed up in an envel- 
 ope, directed to the clerk of the court of justice of the peace where action is 
 pending, and forwarded by mail or other usual mode of conveyance. Title of 
 cause and names of witness should be marked on one end of the envelope. 
 
 Form of Notice to talce Depositions. 
 (Title of Cause.) . 
 
 , to A. B., said (defendant or plaintiff, and , his attorneys, you 
 
 are respectfully notified that on the day of , 18 — , at , in the 
 
 county of , and state of , at the hour of , o'clock, — M., the 
 
 (plaintiff or defendant) will tSike the depositions of and , before A. 
 
 A., (describing the officer), to be used upon the trial of said action (or suit), 
 when and where you can appear and cross-examine, if you so desire. 
 
 {Signature.) 
 
 Form of Caption to Deposition. 
 
 (Title of Cause.) 
 
 Depositions of and and , witness in behalf of plaintiff (or 
 
 defendant) in the above entitled action (or suit), taken before me, a , 
 
 etc., at, etc. , on the , etc., pursuant to notice hereto annexed, (or 
 
 agreement of parties annexed), C. D. appearing as attorney for the plaintiff, 
 and E. F.. as attorney for the defendant, (or no appearence being made for 
 defendant), to wit : John Doe, being first duly sworn, testified, in answer to 
 interrogatories, as follows : 
 
 Form of Certificate to Deixisitions. 
 
 State of Oregon, } 
 County of . jl " * 
 
 I, A. B., a (describe his official station) in and for said county, do hereby 
 
 certify that on the day of , A. D, 18—, at my office in , in said 
 
 county and state, and on the several days and time as hereinljefore set forth, 
 
 between the hour of and , of each day, the foregoing depositions of 
 
 and were taken before me, pursuant to the notice (or agreement) 
 
 hereto annexed, appearance for the parties being made as stated in the cap- 
 . tii»n, to such de])ositions ; that such depositions were reduced to writing by 
 me ; that after being comi)leted, each deposition was read to or by the witness 
 making the same, ami subscribed by him. That before i)roceeding to take 
 isuch depositions, eacii of said witness was sworn by me to tell the truth, the 
 whole truth, and notlung but the truth in relation to the matters in contro- 
 versy in said action (or suit.) 
 [Org. 10.]
 
 OREGON. 653 
 
 Divorce. — Marriage contract may be dissolved at suit or the claim uf in- 
 jured liarty in either of the lt>llu\vinjL,'Lau.^es ; 1st. Impoteney existin<;at time 
 of marriage and continuing to emnmeneenient of suit; 2d. Adultery; yd. 
 Conviction of felony ; 4th. Habitual gioss drunkenness contracted since 
 marriage, and cantinuing for one year prior to commencement of suit; 0th. 
 Wilful desertion for period of one year; (jtli. Cruel and inhuman treatment, 
 or personal indignities rendering lileburilensome. 
 
 Either husband or wife may sue, but plaintitf must be an inliabitaiit of state 
 at commencement of suit, and one year prior thereto, which residence shall 
 give court jurisdiction, without regard to place where marriage was solemn- 
 ized or cause of suit arose. 
 
 Party at whose prayer decree of dissolution made, entitled to undivided 
 one-third in his or her individual right in fee of whole of real estate owned 
 by other at time of decree, in addition to further maintenance. 
 
 Neither party capable of contracting marriage with third party, until ap- 
 ])eal heard and determined ; and if no appeal taken until after expiration of 
 period allowed for appeal. (See Appeals.) 
 
 Dower. — Widow of deceased person entitled to dower, or the use during 
 her natural life of one-third part of all lands whereof husband was lawfully 
 seized of estate of inheritance, at any time during marriage, unless she is 
 lawfully barred thereof. Married woman can have dower by joining in deed 
 with husband, or by joining in subsequent deed, or by jointure, settled on 
 her with her assent, before marriage ; but such jointure shall consist of a 
 freeholdestate inlands forlife of wife, atleast, totakeeffect in possession orpro- 
 fit, immediately on death of husband, or by any pecuniary provision made for 
 her benefit and in lieu of dower made before marriage, and with her assent. 
 
 Tenant in dower not to commit waste. 
 
 Evidence. — The direct evidence of one witness, who is entitled to full 
 credit, is sufficient for jiroof of any fact, except usury, perjury and treason. 
 
 Witness can be heard on oath or affirmation, can only testify to facts in his^ 
 own knowledge, except in certain cases where opinions or influence, or the 
 declarations of others, is admissible. 
 
 Inadmissible. — Those of unsound mind at time of production for examina- 
 tion. Children under ten years of age, who appear incapable of receiving just 
 impressions of the facts respecting which they are examined, or of relating 
 them truly. 
 
 Neither husband nor wife shall be examined for or against other, without 
 his or her consent ; nor during marriage or afterwards without such consent, 
 be examined as to any communication made by one to other, during marriage ; 
 but this exception not to apply to civil action, suit or proceeding, by one 
 against other, nor to criminal actions or proceedings for crime, committed by 
 one against other. 
 
 Attorney not to be examined as to communication made by client, to him, 
 or his advice thereon, in course of professional emi)loyment, without consent 
 of client. 
 
 Priest or clergyman not to be examined as to any confession made to him in 
 professional capacity, in course of discipline enjoined by his church, without 
 consent of person making same. 
 
 Physician or surgeon not to be examined in any civil suit or proceeding, as 
 to any information acquired in attending patient, necessary to enable him to 
 prosecute or act, without consent of patient, 
 
 Public officer not to be examined as to communications made to him in his 
 official confidence, when public interest would suffer by the disclosure. 
 
 If party to action, suit or proceeding, otter himself as a witness, this to be 
 deemed consent to examination of wife, husband, attorney, clergyman, phy- 
 sician, or surgeon, on the same subject. 
 
 [Org. 11.]
 
 654 OREGON. 
 
 Execution. — Issues immediately after entry of judgment, and in justices' 
 courts is returnable in thirty days ; in the circuit and county court, in sixty 
 days. A levy may be made at once. Execution may issue at any time with- 
 in five years after judgment, and as often within that period as any portion of 
 the judgment remains unsatisfied. If no execution has been issued within 
 the five years, it can only issue upon order of the court. (See Stay of Exe- 
 cution.) 
 
 Executors. — (See Administration.) 
 
 Exemptions. — There is no homestead law. Personal property exempt, in- 
 cludes books, pictures, and musical instruments to the value of $75 , wearing 
 apparel to the value of $100, and if a householder, to the value of $50, for 
 each member of the family ; tools, implements, apparatus, team, vehicle, har- 
 ness or library, when necessary in tlie occupation or profession of a judgment 
 debtor, to the amount of $400 ; also sufficient quantity of food to support 
 sucli team, if any, for sixty days ; word team not to include more than one 
 yoke of oxen, or a span of horses or mules, as the case may be ; if the judg- 
 ment debtor be a householder, ten sheep with one year's fleece, orthe yarn or 
 cloth manufactured therefrom ; two cows, five swine, household goods, fur- 
 niture and utensils, to the value of $300; also food sufficient to support such 
 animals, if any, for three months, and provisions actually provided for family 
 use and necessary for the. support of such householder and family, for six 
 months : the seat or pew occupied by a householder or his family in a place 
 of public worship ; all property of the state or any county, incorporated city, 
 town, or village therein, or of any other i^ublic or municipal corporation. No 
 article of property is exempt from execution issued upon a judgment for the 
 purchase price. The judgment debtor must select and reserve such property 
 as he claims as exempt at the time of levy. 
 
 False Pretense. — Upon trial for having by any false pretense obtained 
 signature of any person to any written instrument, or obtained from any 
 person any valuable thing; the pretense or some note or memorandum 
 thereof must be in writing, and either subscribed by or in the handwriting of 
 the defendant. This, however, does not apply to an action for false repre- 
 senting or personating another, and in such assumed character receiving any 
 such valuable thing. If a person shall by any false pretenses or by any 
 privy or false token and with intent to defraud, obtain or attemi^t from any 
 •other person any money or property, whatever, or shall obtain or attempt to 
 obtain with like intent, signature of any person to any writing, the false 
 making whereof would be punishable as forgery ; such person on conviction 
 shall be punished by imprisonment in penitentiary not less than one nor more 
 than five years. The making of a bill of sale or assignment or mortgage of 
 personal property by any person not the owner thereof, for the purpose of 
 obtaining money or credit or to secure an existing indebtedness shall be 
 deemed false pretense, within meaning of statute. 
 
 Frauds, Statutes of. — In the following cases the agreement void, unless 
 same or some note or memorandum thereof, expressing the consideration, be 
 in writing and subscribed by tlie party to be charged or by his lawfully au- 
 thorized agent ; evidence therefore of the agreement shall not be received 
 other than the writing or secondary evidence of its contents, in the cases 
 prescribed by law : 
 
 1. An agreement that by its terms is not to be performed within a year 
 from the making thereof. 2. An agreement to answer for the debt, default 
 or miscarriage of another. 3. An agreement by an executor or administra- 
 tor to pay the debts of his testator or intestate out of his own estate. 4. An 
 agreement made upon consideration of marriage, other than a mutual 
 promise to marry. 5. An agreement for the sale of personal i)roperty at a 
 [Org. 12.]
 
 OREGON. 655 
 
 price not less than fifty dollars, unless the buyer accept and receive some 
 part of such personal property, or pay at the time some part of the purchase 
 money, but when fhe sale is made by an auction, an entry by the auctioneer in 
 bis sale-book, at the time of the sale, of the kind of property sold, the terms 
 of the sale, the price, and the names of the purchaser and person on whose 
 account the sale is made, is a sufficient memorandum. 6, An agreement for 
 the leasing for a longer period than one year, or for the sale of real property 
 or of any interest therein. 7. An agreement concerning real property, made 
 by an agent of the party sought to be charged, unless the authority of the 
 agent be in writing. 
 
 Garnishment. — Personal property in possession of third party, debts, and 
 rlglits and shares of defendant in stock or association or corporation or pro- 
 fits therein can be garnished. No state or county treasurer, sheriff, clerk, 
 constable or other public officer shall be liable to answer as garnishee for 
 moneys in his possession as sucli public officer belonging to or claimed by 
 any judgment debtor. — (See Attachments.) 
 
 Grace. — Grace is the customary three days. — {See Notes and Bills of Ex- 
 cliange.) 
 
 Homesteads. — There is no state homestead law. — {See Exemptions.) 
 
 Insolvent Laws.— ('S'ee Assi;/nments.) 
 
 Interest. — Legal rate eight per cent., but on contracts interest at the rate 
 of ten per cent, per annum may be charged by express agreement of the 
 l>arties. Contracts to pay eight per cent, per annum and taxes are likewise 
 legal and valid. Usury works forfeiture of the whole debt, principal and 
 interest. 
 
 Judgments. — Immediately after entry of judgment in an action the clerk 
 shall docket same in judgment docket. Any time afterwards while execu- 
 tion might issue on such judgment and same remains unsatisfied in whole or 
 in part, a certified transcript may be filed in the county clerk's office of any 
 county in the state. From the date of docketing of a judgment or the 
 transcript thereof such judgment shall be a lien upon all the real property 
 of the defendant within the county or counties where the same is docketed 
 or which he may afterwards acquire therein during the time an execution 
 may issue thereon. 
 
 Parties obtaining judgment in justices' court for sum of $10 or more, ex- 
 clusive of costs, may within one year thereafter file certified transcript 
 thereof with county clerk, and from time of docketing such judgment shall 
 be lien on real property of defendant. 
 
 Justices of the Peace. — May administer oaths and affirmations, take 
 acknowledgment and proof of conveyances of real property and take affida- 
 vits and depositions to be used in any court of justice or other tribunal in 
 this state. Elected by electors' precinct and hold office for two years, and 
 until successor is elected and qualified. — {See Courts.) 
 
 Landlord and Tenant. — In leases of i-#il property on failure of tenant 
 to pay rent, and landlord has subsisting right to re-enter for such fiiilure. he 
 may bring action to recover property. Action equivalent to demand of rent 
 and re-entry of property, but if lessee or successor in interest at any time 
 before judgment, pay to plaintiff amount of rent in arrear, with interest 
 and costs of action and perform other covenants and agreements in part of 
 lessee, he shall be entitled to continue in possession, according to terms of 
 lease. Defendant in actual possession of laud may, for answer, plead that 
 
 [Org. 13.1
 
 656 OREGON. 
 
 he is tenant of another, naming him, and landlord, if he ajiply therefor, 
 shall be made defendant in place of tenant ; if landlord does not apply 
 ■within a day tenant is allowed to answer, thereafter he shall not be allowed 
 to, bnt sliall be made defendant, if plaintiff require. Then landlord allowed 
 ten days from date of notice of pendency of suit. 
 
 Guardian, tenant in severalty or in common, for life or years, of real prop- 
 erty, committing waste thereon, liable for treble damages, forfeiture of 
 estate and eviction from property. Judgment of forfeiture and eviction to 
 be given only in favor of person entitled to reversion against tenant in pos- 
 session, when injury to reversion equal to value of tenant's estate or unex- 
 pired term or when due or suffered in malice. 
 
 Party entitled to estate for life or years, m any undivided part of prop^ 
 erty, whose estate shall have been sold, entitled to receive sum in gross, as 
 may be deemed on law applicable to annuities. A reasonable satisfaction 
 for same, and which party entitled shall consent to accept by instrument 
 duly acknowledged or proved, in manner as deeds, for ])urpose of record and 
 filed with clerk. If party does not consent, court to determine proportion. 
 
 Every person in possession of land out of which rent due, liable for rent. 
 Rent may be recovered in action at law. 
 
 Estates at will, or sufterauce, may be determined by either party by three 
 months' notice in writing, and when rent reserved in lease, at will, payable at 
 periods of less than three months' notice, sufficient if equal, to interval be- 
 tween times of payment. In cases of neglect or refusal to pay rent due in 
 lease at will fourteen days' notice to quit, given in writing, by landlortl, suffi- 
 cient to determined lease ; where forcible entry on premises or peaceable 
 entry, and possession held by force, person entitled to premises may main- 
 tain action to recover possession before any justice of the peace in county 
 wliere property situated. Where tenant or person in possession fails or 
 refuses to pay rent due in lease or agreement, or deliver up possession for 
 ten days after demand in writing, when, after notice to quit, person shall 
 continue in posession of premises at exiiiration of time limited in lease or 
 agreement, or contrary to any conditi(m or covenant thereof, or without any 
 written lease or agreement therefor, are deemed unlawful holding by force. 
 
 Notice to quit must be in writing and served ten days before commence- 
 ment of action. Where leasing or occupation is for purpose of farming or 
 agricultural purposes, ninety days' notice necessary. Tenant or person in 
 possession in such cases entitled, after termination of lease or occupancy, to 
 have free access to cultivate and harvest or gatlier any crop or produce of 
 soil, planted or sown by him before service of notice to quit. Joint tenancy 
 abolished. 
 
 Leases. — Leases for period longer than one year void, unless in writing 
 and signed by party to be charged or by his lawfully authorized agent. Ii" 
 leasee, or occupant of house, convicted of keeping bawdy house, lease or 
 contract voidable at option of landlord and he is entitled to recover posses- 
 sion of premises. Leases of premises for gambling purposes void. — (5ce 
 Landlord and Tenant.^ 
 
 Licenses. — Licenses to sell spirituous liquors, to keep billiard tables and 
 ball alleys, to peddlers, to keep dance houses and to run ferry within county 
 granted by county court. License to marry issued by county clerk of county 
 where female resides. License not to issue witliout mutual consent of 
 j)arent and guardian, if there be ^y, if female under 18 or male under 21, 
 nor in any case, unless parties are of an age capable of contracting mar- 
 riage. But if either of parties have no i)areut or guardian, resident in state, 
 if female has resided within county, when license is applied for, for six 
 months next preceding application, license may issue, if otherwise proper, 
 without such consent. Before license issues applicant shall file with county 
 clerk affidavit of person other than parties .seeking license, showing above 
 facts, or such of them as are necessary, except consent of parent or guardian. 
 [Org. 14.]
 
 OREGON. 657 
 
 Such attidavit sufficient authority for clerk to issue license. Party solemniz- 
 ing marriage authoiized to retain license, but clerk issuing same, before de- 
 livering it shall enter in marriage book memorandum of names of parties, 
 consent of guardian or parent, if any, and name of affiant and substance of 
 affidavit and date of license. In municipalities, have authority to issue 
 licenses for various purposes. 
 
 Liens. — Every mechanic, artisan, machinist, builder, contractor, or lum- 
 ber merchant, laborer and other jjersons performing labor or furnishing ma- 
 terial of any kind to be used in construction, alteration or repair of any 
 building, wharf, bridge, ditch, flume, tumiel, fence, machinery or aqueduct 
 or any other stracture or supei'-stnicture, shall have lien on same for work 
 done or material furnished, at instance of owner of building or other im- 
 provement or his agent. Every boat used in navigating waters of state shall 
 be liable and suject to a lien : 1. For wages due j^ersons employed for work 
 done or services rendered on board such boat or vessel. 2. For all debts due 
 persons by virtue of contract expressed or implied with owners of a boat or 
 vessel or with their agents, contractors or sub-contractors, or with any per- 
 son having them employed to construct, repair or launch such boatorvessel, 
 on account of labor done or materials furnished by mechanics, tradesmen or 
 others, in building, repairing, fitting and furnishing or equipping such boat 
 or vessel on account of stores and supplies furnished for use thereof or on 
 account of launch-ways constructed for launching of such boat or vessel. 
 3. For all sums due for wharfage, anchorage or towage of such boat or ves- 
 sel within the state. 4. For all demands or damages accruing from the non- 
 performance or mal-performance of any contract of afreightment or of any 
 contract touching the transportation of persons or i>roperty, entered into by 
 master, owner, agent or consignee of boat or vessel on which such contract 
 is to be performed and for damages or injuries done to persons or property 
 by such boat or vessel. 
 
 Limitations. — Actions for the recovery of real property, or upon a judg- 
 ment or sealed instrument, shall be commenced within ten years. 
 
 Actions upon a contract or liability, express or implied, excepting those 
 mentioned above ; upon a liability created by statute, other than a penalty 
 or forfeiture ; for waste or trespass upon real property, or for taking, detain- 
 ing or injuring personal property, including an action for the specific recov- 
 ery thereof within six years. 
 
 An action against a sherift", coroner, or constable upon a liability incurred 
 by the doing of an act in his official capacity, and in virtue of his office, 
 within three years. 
 
 An action for libel, slander, or assault and battery, within two years. 
 
 An action against a sheriff or other officer for the escape of a prisoner ar- 
 rested or imprisoned on civil i^rocess, within one year. 
 
 In actions to recover balance upon a mutual, open aud current account, 
 the cause of action shall be deemed to have accrued from the time of the 
 last item proved m the account on either side ; but whenever a period of one 
 year shall elapse between any of a series of items or demands, they are not 
 to be deemed such an account. 
 
 No action shall be maintained in this state upon a cause of action arising 
 in another state, territory or country, between non-residents of this state, 
 and which is barred by limitation of such state, territory or country. Re- 
 vivor : Payment on account or promise in writing. 
 
 Limited Partnerships. — For transaction of mercantile, mechanical or 
 manufacturing business may be formed by two or more pers<ms. It may 
 have one or more general partners, who are jointly and severally liable, and 
 one or more persons who shall contribute a specific sum in actual money as 
 capital as special partners aud who are not personally liable for debts of 
 
 [Org. 15.]
 
 658 OREGON. 
 
 partnership. They shall make and subscribe certificate in duplicate and file 
 one with county clerk of county where principal place of business is to be. 
 Certificate shall be duly acknowledged by each partner. It shall contain 
 name of partnership, names and residences of general and special partners, 
 amount contributed by each special partner, general nature of business and 
 time of beginning and ending of partnership. If false statement made in 
 certificate, all liable as general partners. Partners, for four successive weeks 
 after filing of certificate, publish copy of same in some weekly newspaper 
 published in county, or if not such paper, then hi one in general circulation 
 there, and until such publication is made and completed, partners are deemed 
 general. Limited jjartnership may be renewed or continued by making, ac- 
 knowledging, filing and publishing certificate as above, and if thatis not done 
 such partnership deemed general from expiration of original time. Busi- 
 ness to be conducted under name of general partners, and no addition of 
 company or other general term. If name of special partner used in firm 
 with his consent, or if he personally makes contract respecting concerns of 
 partnership with any person, except general partners, he is to be deemed 
 general partner, unless it appear that he a'jted and was recognized as special 
 partner only. During continuance no part of capital stock to be withdrawn 
 nor any division of interests or profits made, so as to reduce capital stock 
 below sum stated in certificate. If at any time during or at termination of 
 partuersliip, property or assests thereof are insufficient to pay partnershii) 
 debts, then s])ecial partners liable for all sums or amounts received or with- 
 drawn, with interest thereon, from time of receipt or withdrawal. Actions, 
 suits or proceedhigs to be prosecuted by or against general partners only, ex- 
 cept when special partners are to be general and when special partners are 
 severally liable in account of sums of amounts received or withdrawn by 
 them. No dissolution of limited partnership shall take place, except by 
 operation of law, before time specified in certificate, unless notice of dissolu- 
 tion subscribed by general and special partners is filed with original cei*tifi- 
 cate or cei'tificate of renewal or unless cojjy of same be published for time 
 and in manner prescribed for publication of certificate of partnership. 
 
 Married Women. — Retain their real and personal estate owned by them 
 at time of marriage, or afterward acquired by gift, devise or inheritance, free 
 from the debts, contracts, and control of their husbands. A married woman 
 may make contracts in her own name, buy goods, give notes in settlement, 
 and incur liabilities to same extent as if unmarried, and her real and personal 
 property may be sold to satisfy the same. Husband not responsible for civil 
 injuries committed by wife, except in those oases where he would be jointly 
 responsible with her if marriage did not exist. One may appoint the other 
 his or her attorney in fact, and revoke the same to the same extent and man- 
 ner as other persons. Neither husband nor wife is liable for debts or liabili- 
 ties of other incurred before marriage. Conveyances, transfers or liens exe- 
 cuted by the one to or in favor of the other, are valid to same extent as be- 
 tween other persons. She may manage, sell, convey or devise her property 
 by will to the same extent and in same manner that her husband can prop- 
 erty belonging to him. She is entitled to receive and hold the wages of her 
 personal labor, and sue therefor in her own name, and she can prosecute and 
 <lefend all actions for the preservation or protection of her property and 
 rights as if unmarried. The expenses of the family and education of the 
 viuldren are chargeable upon the property of both liusband or wife, or either 
 i'l" them, and in relation thereto they may be sued jointly or separately. The 
 '.•■gilt and responsibility of the parents as to the children are equal. All 
 laws imposing or i-ecognizing civil disabilities upon the wife not imposed 
 <ir recognized upon the husband (excepting the right to vote and hold office) 
 liave been repealed. 
 
 Mechanics' Liens.— ('"^Vf Liens.) 
 
 i
 
 OREGON. 659 
 
 Minors. — All persons are minors who are under twenty-one years of age. 
 
 Mortgages. — Of real property are executed in the same manner as deeds. 
 They are foreclosed by a suit in ecpiity, and in cases where the uiortgage 
 contains an express covenant on the jiart of tlie mortgagor to jiay the debt, 
 or where a promissory note or other personal obligation for the payment of 
 tlie debt lias been given by the mortgagor in addition to the decree of fore- 
 closure and sale the court shall also decree a recovery of the amount of such 
 debt against such person or persons, as the case may be, as in the case of an 
 ordinary decree for the recovery of money; but no mortgage shall be con- 
 strued as implying a covenant for the payment of the sum thereby intended 
 to be secured ; and where there shall be nt) expi-ess covenant for such pay- 
 ment and no bonil or other separate instrument to secure sucli payment shall 
 liave been given, the remedies of the mortgagee shall be confined to the 
 lands mentioned in mortgage. A decree of foreclosure shall have the effect 
 to bar the eipiity of redemiition, and property st)ld on execution issued upon 
 a decree may be redeemed in like manner and with like effect as i^roperty 
 sold on an execution issued on a judgment and not otherwise. 
 
 Notes and Bills of Exchange.— On all bills of exchange payable at a 
 future day certain within this state and on all negotiable promissory notes, 
 orders and drafts, payable at a future day certain within this state, in which 
 there is not an express stipulation to tlie contrary ; three days' grace shall 
 be allowed ; but this does not apply to any bill of exchange, note or draft, 
 payable at sight or on demand. 
 
 No person within this state shall be charged as an acceptor of a bill of ex- 
 change, unless his acceptance shall be in writing, signed by himself or his 
 lawful agent. Damages allowed on protested bills of exchange ; domestic, 
 five per cent. ; foreign, ten per cent. Negotiable instruments payable on a 
 holiday become due the next business day. 
 
 Endorsers on a note when propeiiy charged by protest are liable as long- 
 as the maker. 
 
 Oaths and AfB.davits. — Every court, judge, clerk of court, justice of 
 peace or notary public authorized to administer oaths and affidavits, genei- 
 ally. If party swearing has a peculiar mode of so doing or believes in any 
 other than the christian religion, court or officer may use discretion and 
 swear liim accordingly. 
 
 Partnerships. — General partners are jointly and severally liable for the 
 debts of the fii'm. Surviving partner entitled to administer on estate of 
 partnership, if he have qualificatit)n of general i>artner and apply for lettei-s 
 within five days after filing inventory. Partners in mercantile or other busi- 
 ness may be jointly taxed in partnership name, or severally taxed for indi- 
 vidual shares of all personal property employed in business, and in case they 
 are jointly taxed, such partner liable for whole tax. All partners are deemed 
 general, unless they are formed into a limited partnership, — (See Limited 
 PartnersMp.) 
 
 Promissory Notes. — {See Noten. arid Bills of Exchange.) 
 
 Practice. — The practice is under the code system, but the distinction be- 
 tween law and equity is still observed. 
 
 Proof of Claims. — Persons having claims again.st estates of deceased per- 
 sons must present them, with the i)roi>er vouchers, to the executor or ad- 
 ministrator within six months from date of notice, i)ublished by executor or 
 administrator of his appointment. — {See Admiidtttratioii.) 
 
 [Org. 17.]
 
 660 OREGON. 
 
 Recording. — Every conveyance of real property within this state not re- 
 corded ^vithiu five days thereafter void, against subsequent purchaser, in 
 good faith, if no valuable consideration of same real property, or any por- 
 tion thereof, whose conveyance shall be first duly recorded. Recording of 
 assignment of mortgage not in itself to be deemed notice of such assign- 
 ment to the mortgagor, his heirs or personal representatives, so as to 
 invalidate any payment made by them or either of them to mortgagee.— (5<je 
 Deeds, Mortgages and Chattel Mortgages.) 
 
 Redemption.— Property sold subject to redemption may be redeemed by 
 judgment debtor or successors in interest or by a creditor having a lien by 
 judgment, decree or mortgage, on any part of property subsequent in time 
 to that on which property was sold. 
 
 Replevin.— In action to recover possession of personal pi'operty, plaintiff 
 at any time after action is commenced and before judgment, may claim im- 
 mediate delivery of such property. Affidavit shall be made by plaintiff, or 
 some one in his behalf, to the effect that plaintiff is owner or lawfully en- 
 titled to possession of property, that property is wrongfully detained by de- 
 fendant. The alleged cause of the detention thereof, according to his best 
 knowledge, information and belief, that same has not been taken for tax, as- 
 sessment or fine, pursuant to statute, or seized under execution or attach- 
 ment against property of plaintiff, or if so seized that it is by statute, ex- 
 empt from such seizure, actual value of property. Plaintiff may, by en- 
 dorsement in writing upon the affidavit, require sheriff where property 
 claimed may be to take same from defendant and deliver to plaintiff on 
 receipt of affidavit and endorsement thereon, with a written undertaking, 
 executed by two or more sufficient sureties, approved by sheriff, to effect 
 that they are bound in double value of property stated in affidavit, for the 
 return of property to defendant if return thereof be adjudged and for pay- 
 ment to him of such sum as may be recovered against plaintiff, sheriff shall 
 take property. Copy of affidavit, endorsement and undertaking shall be 
 served on defendant without delay. Defendant may recover property again 
 into i^ossession by giving counter-undertaking, with two or more sufficient 
 sureties, conditioned to pay plaintiff as aboTe. 
 
 Revenue. — Legislature shall provide by law for uniform and equal rate of 
 assessment and taxation, and shall prescribe such regulations as shall secure 
 a just valuation for taxation of all property, both real and personal, except- 
 ing such only for municipal, educational, literary, scientific, religious or 
 charitable purposes as may be specially exempted by law. Legislative as- 
 sembly shall provide for raising revenue sufficient to defray the expenses of 
 the state for each fiscal year, and also a sufficient sum to pay the interest on 
 the state debt, if there be any. 
 
 Seal. — Is essential to the due execution of a deed, mortgage of real prop- 
 erty, or other instrument conveying real property or any iutei'est therein. A 
 scroll is sufficient seal. — {See Deeds and Mortgages.) 
 
 Security for Costs and other Undertakings. — Sureties in undertakings 
 must be resident and householder or freeholder within the state, but no 
 counsellor or attorney-at-law, sheriff, clerk of any court, or other officer of 
 any court shall be permitted to become bail in any action. Each surety must 
 be worth amount specified in undertaking over and above all just debts and 
 liabilities, and exclusive of property exempt from execution, where there is 
 only one surety, he must be worth double the amount stated in the undertak- 
 ing. — {See Costs, Security for.) 
 
 ' [Org. 18.]
 
 OREGON. 661 
 
 Stay of Execution. — Is only allowed on appeal, and then only when an 
 nndertaking with sureties is given to pay the judgment which may be 
 awarded against the appellant on the appeal. Notwithstanding such under- 
 taking, the party recovering judgment may in ordinary cases enforce it by 
 giving a counter-undertaking. 
 
 Suits. — (See Actions.) 
 
 Supplementary Proceedings. — After issuing of execution and on proof 
 by athdavit of plaintilf or otherwise, that judgment debtor has property 
 liable to execution, which he refuses to apply to satisfaction of judgment, 
 court or judge may, by order, require debtor to appear and answer under 
 oath concerning same before such court or judge, or before a referee ap- 
 pointed by such court or judge, at a time and place specified in order. 
 Either party may examine witnesses in behalf. Examination if required by 
 plaintiff in suit shall be reduced to writing and filed with clerk. If it appear 
 that debtor has property liable to execution court may direct that he apply 
 the same in satisfaction of judgment or that property be levied on by execu- 
 tion. Court may also make order restraning judgment debtor from selling, 
 transferring or disposing in any manner of property liable to execution. If 
 it appear to court that there is danger of defendant leaving state or conceal- 
 ing himself, and that he has assets which he refuses to apply in judgment, 
 couit may order him to be arrested and brovight before court, and if there is 
 danger of his leaving state and if he has assets which he refuses to apply in 
 judgment he may be ordered to enter into undertaking with one or more 
 sureties, that he will attend court when directed and will not during pro- 
 ceeding dispose of property liable to execution. In default of undertaking, 
 may be committed to jail. 
 
 Taxes. — No tax shall be levied except in pursuance of law, and every law 
 imposing tax shall state distinctly object of same, to which only it shall be 
 applied. Same rate of taxation for residents and non-residents. All prop- 
 erty, real and personal, within state not expressly exempted, subject to tax- 
 ation. When real property is sold for delinquent taxes, i^urchaser to certifi- 
 cate of sale. Redemption may be made within one year from date of certi- 
 ficate of sale by paying purchase money and 20 per cent, thereon, and all 
 taxes paid by purchaser, within 2 years, by paying purchase money and 30 
 per cent, and all taxes paid by purchaser. After exi)iration of 2 years from 
 date of certificate of sale, if there be no redemption, sherift' shaU'execute to 
 purchaser deed, which is prima facie evidence of title in grantee. — (See 
 Eevemie.) 
 
 Trust Deeds. — There is no provision in the law relative to trust deeds. 
 Usury. — (See Interest.) 
 
 Wills. — Every person 21 years old and upward, of sound mind, may do- 
 vise all estate, real and j^ersonal, saving to widow dower ; person of sound 
 mind of 18 years may dispose of goods and chattels ; married woman may 
 dispose of any real estate held in her own right, subject to rights of husband 
 as tenant by curtesy. 
 
 Will must be in writing, signed by testator or by some other person under 
 his direction, in his presence, and shall be attested by two or more compe- 
 tent witnesses subscribing their names in presence of testator. Person sign- 
 ing testator's name shall sign will as witness, and state that he .subscribed 
 testator's name at his request. If after making will disposing of all of prop- 
 erty, testator should marry and die, leaving issue by marriage, will deemed 
 revoked unless provision shall have been made for issue by some settlement, 
 
 [Org. 19.]
 
 662 OREGON. 
 
 or unless jfrovided for in Avill. Will of unmarried woman revoked by sub- 
 seciuent marriage. 
 
 If person make will and die, leaving child or children, or descendants of 
 child or children, in case of their death, not named or provided for ha will, 
 though bora after making of will or death of testator, such testator so far 
 as regards such child or children, or descendants, not provided for shall be 
 deemed to die intestate and such child or children, or descendants, shall be 
 entitled to proportion of estate as if testator had died intestate, and same 
 shall be assigned to them and all other heii's, devisees and legatees shall re- 
 fund their proportional part. 
 
 When estate is devised to child, grandchildren or other relative or testator, 
 and such devisee shall die before testator, leaving lineal descendants, descen- 
 dants shall take the estate, real and personal, as devisee would have done, 
 had he survived the testator. 
 
 Nuncupative will must be offered for proof within six nionths after 
 speaking the testamentary words. Nor unless the words or substance were 
 reduced to writing within thirty days after they were spoken. No probate 
 of nuncupative will shall be granted for fourteen days after death of testator. 
 Nor shall it be at anytime proven tmless testamentary words or svibstance be 
 first committed to writing and citation issued, accompanied with copy 
 thereof, to call the widow or next of kin of deceased, that they may contest 
 will if they think proper. 
 
 Any person not an inhabitant, but owning property, real or personal, in 
 this state, may devise or bequeath such property by last will executed and 
 proved (if real estate be devised) according to laws of this state, or (if per- 
 sonal estate be bequeathed) according to the laws of this state or of county, 
 state or territory in which will shall be proved. Copies of such will and 
 probate thereof shall be recorded in same manner as wills executed and 
 proved in this state, and shall be admitted in evidence in same manner and 
 with like effect. Such will maybe contested and annulled within same time 
 and in same manner as wills executed and proven in this state. County 
 court has exclusive jurisdiction in matters relating to wills. — {See Adminis- 
 tration.) 
 
 "Witnesses. — No person shall be rendered incompetent as a witness or 
 juror in consequence of his opinion on matters of religion, nor be questioned 
 in any court of justice touching his religious belief, to affect the weight of 
 his testimony. Constitution of Oregon, Art. 1, §6. Bill of rights. Wit- 
 ness presumed to speak truth. Usury, perjury and treason shall be proved 
 by testimony or more than one witness ; usage by testimony of at least two; 
 treason by testimony of two witnesses to same overt act, and perjury by two 
 witnesses, or one witness and corroborating circumstances. — {See Evidence.y 
 
 [Org. 20.]
 
 OREGON. 
 
 663 
 
 ATTORNEYS IN OREGON, 
 
 Bold Face Type denotes county seats. A dash (— ) less than 100 population. 
 Figures after names when admitted to Bar. A star (*) Notaries Public. 
 A double dagger (J) our Compiler of liaws. 
 A dagger (t) former recommendations withdrawn. 
 
 PLACE. COUNTY. NAMES OF ATTORNEYS. POPULA'N 
 
 Alkali Gilliam (See Dallas.^ 
 
 Albany Linn Hon. R. S. Strahan. 3,G10 
 
 Astoria Clatsop J, Q. A. Bowlby. 5,721 
 
 Baker City Baker Hon. L. B. Ison. 1,258 
 
 Canyon City Grant Clifford & Williams. 550 
 
 Cowallis Benton M. S. Woodcock. 1,700 
 
 Dallas Polk Warren Fruit. 1,100 
 
 EUensburgh Curry I. Huntly. 200 
 
 Empire City Coos Hazard & Wilson. 317 
 
 Eugene City Lane G, B. Doris. 2,167 
 
 Heppner Morrow G. W. & J. E. Wright. 700 
 
 Hillsborough Washington Hare & Barrett. 650 
 
 Jacksonville Jackson C. W. Kahler. 1,500 
 
 Kerby .Josephine [See Jacksonville.) 120 
 
 La Fayette Yam Hill Fenton & Fenton. 782 
 
 Lakeview Lake C. A. Cogswell. 400 
 
 Linkville Klamuth S. B. Cranston. 275 
 
 McMinuville Yam Hill W. D. Fenton. 1,200 
 
 Oregon City Clackmas D. C. Latourette. 2,000 
 
 Pendleton Umatilla Bailey & Balleroy. 2,000 
 
 C X Stewart B. Linthicum. 
 
 Portland Multnomah { See Card in Apj^emlix, 2ki(jc xxiii. _^^ 
 
 ^ f TF. 5. Becbe. "'^'"*^" 
 
 Pineville Crook {See Albany) 500 
 
 Roseburgh Douglas J. C. Fullerton. 1,275 
 
 St. Helena Columbia Moi-e & Cole. 400 
 
 Salem Marion Wm. Waldo. 6,000 
 
 The Dallas Wasco Mavs & Huntington. 4,619 
 
 Tillamook Tillamook C. thaver. 400 
 
 Union Union R. Eakins. 1,000
 
 664 
 
 OREGON. 
 
 BANKS IN OREGON. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital of one 
 bank in each county of this state in whicli such a banking institution is located. 
 
 PLACE. 
 
 Albany 
 Arlington 
 Ashland 
 Astoria 
 Baker City 
 East Portland 
 
 Eugene City 
 
 Island City 
 
 Jacksonville 
 
 Lebanon 
 
 McMinnville ■ 
 
 Oregon City 
 Pendleton 
 
 NAME OP BANK. 
 
 First National Bank 
 Condon & Cornish 
 Bank of Ashland 
 First National Bank 
 
 Portland 
 
 Salem 
 
 Summerville 
 The Dalles 
 Union 
 
 ( Lane County Bank 
 
 First National Bank 
 
 C. C. Beekman 
 
 Bank of Lebanon 
 f First National Bank 
 t Yam Hill County Bank 
 
 Bank of Oregon City 
 
 First National Bank 
 f Aiusworth National Bank 
 I Commercial National Bank 
 I First National Bank 
 ■j Metropolitan Savings Bank 
 
 Portland National Bank 
 
 Portland Savings Bank 
 t Ladd & Tilton 
 (, Capital National Bank 
 I First National 
 
 Farmers' Mort. & Sav'gs B'k 
 C First National Bank 
 ( French & Co 
 
 First National Bank 
 
 
 PAID UP 
 
 CASHIER. 
 
 CAPITAL. 
 
 Henry F. Merrill. 
 
 $50,000 
 
 
 20,000 
 
 E. V. Carter. 
 
 48,000 
 
 Samuel S. Gordon. 
 
 50,000 
 
 J. H. Parker. 
 
 50.000 
 
 B. H. Bowman. 
 
 50.000 
 
 L. B. Eakin, .Jr. 
 
 50,000 
 
 H. C. Humphrey. 
 
 50,000 
 
 W. H. McDonald. 
 
 50,000 
 
 
 50,000 
 
 J. M. Ralston. 
 
 20,000 
 
 John Wortmau. 
 
 50,000 
 
 Clark Braley. 
 
 50,000 
 
 Chas. H. Canfield. 
 
 50,0(i0 
 
 Samuel P. Sturgis. 
 
 50,000 
 
 J. P. Marshall. 
 
 100,000 
 
 R. L. Durham. 
 
 100.000 
 
 G. E. Withington. 
 
 250,000 
 
 S. J. Gorman. 
 
 37.500 
 
 D. F. Sherman. 
 
 100.000 
 
 H. C. Stratton. 
 
 125,000 
 
 
 250.000 
 
 J. H. Albert. 
 
 75,000 
 
 John IMoir. 
 
 60.000 
 
 N. B. Harris. 
 
 36.900 
 
 H. M. Beal. 
 
 50.000 
 
 G. V. Bolton. 
 
 150.000 
 
 W. T. Wrigh t. 
 
 50.0CO
 
 STATE OF 
 
 PENNSYLVANIA. 
 
 SUMMAllY OF 
 
 Collection Laws. 
 
 Court Calendar, Instructions for taking Depositions, Legal Forms, Etc. 
 
 Expressly Prepared and Revised to Nov. 1st, 1S87, for "Showers' 
 
 Legal Directory and Merchants' Guide," for 18S8, by 
 
 Wm. L, Showers, of the Philadelphia Bar. 
 
 Ackno'wledgments. — Of deeds of land in Pennsylvania, taken elsewhere, 
 may be made in the United States before any mayor or chief magistrate, or 
 officer of any town or city where the deed is made, certified under the seal of 
 such city or town ; any judge of any court of record ; any judge of a federal 
 court, under the hand of the judge's seal of the court ; commissioner for 
 Pennsylvania ; any officer in any state authorized by the laws of said state 
 to take acknowledgments, the authority to be proved by certificate of clerk 
 of any court of record, under seal of court, or notary public ; if made out of 
 United States, any ambassador and all persons exercising public ministerial 
 functions, appointed by United States, or notaries public. 
 
 Form of Certificate of Acknowledgment by Husband and Wife. 
 
 State of Penxstlvaxia, ) 
 County of . $ ' 
 
 Be it remembered, That on the day of , A. D. 18 — , before me 
 
 <here insert name and title of official;, duly commissioned in and for said 
 
 county, came and , his wife, and in due form of law acknowledged 
 
 the foregoing indenture to be their and eacli of their act and deed, and de- 
 sired the same might be recorded as such. She, the said , being of law- 
 ful age, and by me examined separate and apart from her said husband, and 
 the contents of such deed being by me first fully made known to her. did 
 thereupon declare that she did voluntarily and of her own free will and 
 accord sign and seal, and, as her act and deed, deliver the same without any 
 coercion or compulsion of her said husband. 
 
 Witness my hand and seal the day and year aforesaid. 
 
 [seal.] (Signature and title.) 
 
 Form of Proof by Subscribing Witnens. 
 
 State of Pennsylvania, ) 
 County of . ^ ' 
 
 Be it remembered, That on the day of . A. D. IS — . before me 
 
 <here insert name and title of official), duly commissioned in and for said 
 
 county, personally appeared , one of the subscribing witnesses to the 
 
 execution of the above indenture, who. being duly sworn (or affirmed) ac- 
 cording to law, doth depose and say that he did see , the grantor above
 
 666 PENNSYLVANIA. 
 
 named, sign and seal, and as his act and deed, deliver the ahove indenture 
 (deed or conveyance) for the use and purposes therein mentioned ; and that 
 
 he did also see , subscribe his name thereunto as the other witness of 
 
 such sealing and delivery ; and that the name of this deponent thereunto set 
 and subscribed as a witness is of this deponent's own proper handwriting. 
 
 Sworn (or affirmedjto and subscribed before me the day and year afore- 
 said. 
 
 Witness my hand and official seal. {Signature of witnesses.) 
 
 [seal.] (Signature and title.) 
 
 A deed thus duly acknowledged or i^roved, may be offered in evidence 
 without further proof. And a deed must be acknowledged or proved before 
 it can be recorded. The record of an unacknowledged deed is a mere nii- 
 authorized copy, and has no effect whatever. 
 
 Actions. — On a contract may be commenced by a summons in assumpsit, 
 returnable to the next term of court. The plaintiff" shall serve a copy of the 
 statement of claim on the defendant or his attorney of record, if he has one, 
 at least fifteen days before moving for judgment for default, except for want 
 of an appearance. If such service be made not less than fifteen days before 
 the return day of the writ, it shall be the duty of the defendant to file an 
 affidavit of defense on or before the return day ; but if the plaintiff fails tO' 
 serve his statement at least fifteen days before the return day of his wilt, he 
 may file it on or at any time after the return day, and unless the defendant 
 shall file a sufficient affidavit of defense within fifteen days after notice that 
 the said statement has been filed, the plaintiff' may move for judgment for 
 want thereof. . 
 
 Return days, and the mode of taking judgment by default, is now being^ 
 regulated by rules of the various courts throughout the commonwealth. 
 
 A summons from a justice is returnable on a day named therein, not more 
 than eight nor less than five days from the date of the writ, and it must be 
 served at least four days before the day of hearing. If the defendant does 
 not appear, judgment can be taken against him in default. Both plaintiff' 
 and defendant can appeal, or certiorari within twenty days after judgment ; 
 but a non-resident plaintiff', before doing so, can be required to give security 
 for costs. 
 
 Administration of the Estates of Decedents.— Letters testamentary or 
 of administration are granted by the register of wills. Those of administra- 
 tion in case of intestacy are granted by him : 1st. To the widow. 2d. S.uch 
 of the kindred of the intestate as are entitled to the residue of the estate ; if 
 neither of them (widow or kindred) exist, then to a creditor. Administrators 
 are required to give seciirity, and if an executor, who is a non-resident, be 
 appointed by a testator, he must give a bond with two or more local sureties, 
 and they have no power over decedent's property in this state, except to 
 transfer public loans of the state, and stocks and loans of banks and incor- 
 porated companies, and to collect interest and dividends thereon. Appeals 
 lie to the orphans' court of the county. The debts of the decedent are pay- 
 able in the following order : 1. Funeral expenses, medicines and medical 
 attendance rendered during last illness, and servants wages not exceeding 
 one year. 2. Rents, not exceeding one year. 3. All other del)ts pro rata, 
 except debts due the state, which are paid last. If the decedent was a non- 
 resident and his domicile prefers native to foreign creditors, the same prefer- 
 ence will be observed in this state. 
 
 Affidavits. — To be used in this state, may be made before any officer au- 
 thorized by the laws (jf any of the United States to administer oaths. They 
 must be accomjtanied by a certificate, under the hand and seal of the clerk 
 or protbonotary of the county court where the same is made, as to the offi- 
 cial character of the person administering the oath, and that he was author-
 
 PENNSYLVANIA. 667 
 
 izcd to do so by the laws of his own state. Commissioners for Pennsylvania 
 residing in other states, have also power to administer oaths and attirmation* 
 withont such certificate. 
 
 Aliens. — ^lay inherit or take by devise, any projierty, and dispose of the 
 same as fully as any citizen. 
 
 Appeals. — Appeals must be entered before the justice within twenty days 
 after judgment rendered. In order to take an appeal the amount in contro- 
 versy must exceed five dollars and thirty-three cents. In Philadelphia, the 
 defendant in taking an appeal, must make affidavit to the ettect that tlie a\)- 
 peal is not taken for delay, and the appellant must also give bail absolute, 
 in double the amount of costs accrued and likely to accnie. with one or more 
 suflicient sureties, conditioned for the payment of all costs accrued or that 
 may be legally recovered in such case against the appellant. To perfect the 
 appeal, a transcript thereof must be tiled in the court of common pleas, on 
 or before the next monthly return-day, after the entry of the ajipeal before 
 the justice. 
 
 Arrest. — Females cannot be arrested for debt. Imprisonment for debt has- 
 been abolished, excepting in proceedings, as for contempt, to enforce civil 
 remedies, actions for fines or penalties, etc. When the defendant has been 
 arrested, and after lie has suffered an imprisonment for at least sixty days, 
 he can be discharged from further imprisonment by the court of common 
 pleas under the "insolvent laws," but such a discharge does not release him 
 from the debt. 
 
 Assignment. — A debtor can make an assignment of all or any portion of 
 his estate for the benefit of his creditors, but any preference will make it 
 void. 
 
 The assignee must file an inventory and appraisement, verified by affidavit, 
 within thirty days, and immediately thereafter give bond in double its 
 amount, and he must file his account within one year. The claims of miners, 
 mechanics and a few others are preferred to the amount of 6200, l>ut all 
 other claims are paid pro rata. The debtor is not discharged from his debts 
 by the assignment, but remains liable for an unpaid balance. 
 
 A debtor may prefer his creditor, however, by confessing a judgment to 
 him, or by assigning to him specific property as security for, or in full pay- 
 ment of, his indebtedness, before making an assignment. 
 
 Railroad, canal, and public improvement companies must provide for 
 wages, to make valid assignment. 
 
 Assignment by non-residents take effect from their record. 
 
 In order to discharge the wife's dower she has to join in the deed of assign- 
 ment. 
 
 The assignee has one year to settle the estate, and the account is referred 
 to an auditor who gives notice by advertisement of the filing of the account. 
 
 A reconveyance of the assigned estate will be ordered when the undisputed 
 claims are paid and the rest are secured. Notice being given by advertise- 
 ment. 
 
 Attachment. — Property of resident debtors may be attached : When 
 debtor is about to remove his pro]>erty out of the jurisdicticm of the court in 
 which the attachment is a])plied for, with intent to defraud his creditors : 
 when he has property which he fraudulently conceals ; wlien lie has disposed 
 of, or is about to dispose of. his property with intent to defraud his creditors: 
 when he lias fraudulently contracted the debt or incurred the obligation for 
 which the claim is made. In this attachment the creditor must make aftidavit 
 to prove the existence of the debt and one or more of the acts of fraud speci- 
 fied, and must give bonds conditioned that if he fails to prosecute his action 
 with ettect and to recover a judgment against the debtor, lie shall pay to the
 
 -668 PENNSYLVANIA. 
 
 <lebtor all legal costs and damages wliicli the debtor may sustain by reason of 
 said attachment. Attachment can also be had to seize and hold property of 
 non-resident, and will be dissolved on entering security. A defendant may be 
 arrested after suit brought, upon proof that he is about to remove his property 
 to defraud his creditors, or has done so, or that he fraudulently conceals his 
 property, or that he fraudulently contracted the debt ; he may be committed 
 unless he pays the debt, or gives security to do so within sixty days, or gives 
 lionds to take the benefit of the insolvent law. Attachment of defendant's 
 projjerty in the nature of an execution may issue at anytime after judgment. 
 
 Foreign attachment lies against real or personal estate of a debtor not a 
 resident of the state and not within the county at the time of the issuance of 
 the writ. Corporations chartered by another state are liable to this process 
 4igainst their property. Bond must be given to sheriff by plaintiff, under 
 approval of the court, for indemnity, before the writ issues. The defendant 
 may release the attached goods by giving security in double the amount in 
 controversy. Or he may defend without releasing the goods. After judg- 
 ment against the defendant, and summoning the garnishee to show cause why 
 ■execution should not issue, the property may be sold ; but if the sale occur 
 Tvithin a year and day, the plaintiff must give security. 
 
 Attachment under the act of 1869, issues where the sum demanded exceeds 
 one hundred dollars, and where a warrant of arrest or copias might issue for 
 the body of the defendant, and directs the sheriff to seize particular goods. 
 The plaintiff must make affidavit of the necessary facts, and give bond in 
 ■double the amount of plaintiff's claim and with sureties, conditioned to prose- 
 cute the action with eftect. The attachment is dissolved on summary hear- 
 ing, if the plaintiff does not sustain his allegations. Defendant may also re- 
 lease the attached property by giving bond. 
 
 Banks and Bankers. — Corporations for carrying on the business of 
 banking may be formed by any number of persons, not less than three, who 
 shall enter into articles of association, which shall specify the object for 
 "Which the association is formed, and may contain any provisions, not incon- 
 «istant with the act of assembly May 13, 1876, P. L. 161, which the associa- 
 tion may desire to adopt for the regulation and conduct of its business and 
 affairs ; which articles shall be signed by the persons forming such associa- 
 tion, and a copy of them shall be forwarded to the attorney general, for his 
 inspection and approval, and if approved by him he shall indorse his ap- 
 l)roval thereon, and transmit the same to the auditor general, to be filed in 
 his office. The persons forming such associations shall, under their hands, 
 make a certificate which shall specify : 1. Name (subject to approval by 
 the auditor general.) 3. Location or place of business, particularly desig- 
 jiating the county, city, borough or village. 3. The amount of capital 
 stock, and number of shares in which divided. 4. The name and places of 
 residence of shareholders, and number of shares held by each. 5. A state- 
 ment that such certificate is made to enable the persons named to form a 
 •corporation for banking purposes under this act. 
 
 This certificate shall be acknowledged before a judge, or notary public, 
 and after approved by the attorney general shall be transmitted to the audi- 
 tor general and filed, recorded ancl preserved in his office. Copies of such 
 certificate, duly certified and authenticated, shall be deemed sufficient evi- 
 dence of the existance of such corporation. The governor, upon receipt of 
 said articles of association, with the approval of the attorney general and 
 auditor general, shall cause letters patent to issue to said banking corpora- 
 tion. The capital stock shall not be less than fifty thousand dollars, divided 
 into shares of not less than fifty dollai's each. The shareholders of any cor- 
 poration formed under this act, shall be individually responsible, equally 
 and ratably, but not one for the other, for all contracts, debts and engage- 
 ments of such corporation, to the amount of their stock therein, at the par 
 value thereof, in addition to the par value of such shares.
 
 PENNSYLVANIA. 66^ 
 
 Bills of Exchange and Promissory Notes.— The act of March 30, 1875, 
 alU)Ws days of grace on all bills of exchange, drafts, promissory notes and 
 other negotiable instruments, exce))ting sight bills and drafts, and checks 
 on banks or bankers, "whether payable on presentation or upon some day or 
 time subsequent to the date of issue. Five to ten per cent, damages are 
 allowed on domestic bills and ten to twenty per cent, on foreign bills pro- 
 tested. 
 
 Bills, notes and checks, falling due on a legal holiday, are payable on the 
 preceding secular day. The legal holidays are January 1st, February 23d, 
 May 30th, July 4th, December 2oth, Good Friilay, and any day appointed 
 or recommended by the governor or the president as a day of fasting or 
 thanksgiving or for general cessation of business. When a holiday falls up- 
 on Sunday, it is transferred to the following Monday, and bills payable on 
 the holiday are due on the previous Saturday. 
 
 Chattel Mortgages.— (-See Mortgages.) 
 
 Claims Against Decedent's Estates. — All debts owing by any person 
 within this state, at the time of his decease, shall be paid by his executors 
 or administrators, so far as they have assets, in the manner and order fol- 
 lowing, viz. : 1. Funeral expenses, medicines furnished and medical atten- 
 dance given during the last illness to decedent, and servant's wages not ex- 
 ceeding one year. 2. Rents not exceeding one year. 3. All other debts 
 without regard to the quality of the same, except debts due to the common- 
 wealth, which shall be last paid. No executor or administrator shall be 
 compelled to pay any debt of the decedent except such as by law are pre- 
 ferred in the order of payment to rents, until one year be fully elapsed from 
 the granting of the administration of the estate. 
 
 Conditional Sales of Personal Property. — On delivery of exclusive pos- 
 session, the vendor cannot retain a lien as against the vendee's creditors. 
 In other cases the possession of the vendor should be such as not to deceive 
 the creditors of the vendee. 
 
 Corporations. — Are chartered by the covtrts in some cases and by the gov- 
 ernor in others. The stockholders are liable, individually, to the full 
 amount of the stock held by them in addition to the par value of their 
 stock, for work or labor done, or materials furnished to carry on the opera- 
 tions of the corporation. Corporations are dissolved by the court of com- 
 mon pleas of the county where it has its principal office, or where its chief 
 operations are conducted. 
 
 Foreign corporations cannot transact business here until they have estab- 
 lished an office and appointed au agent to represent them upon whom legal 
 process can be served. It is a misdemeanor to carry on btisiness for a cor- 
 poration unless this is done. 
 
 Costs, Security for.— (/See Appeals.) 
 
 Courts. — Terms and Jurisdiction : 
 
 Supreme Court. — The supreme court has a general appellate jurisdiction 
 for the correction of errors in any of the other courts by writ of error, cei'- 
 tiorari or appeal. It has also original jurisdiction throughout the state in 
 cases of injunction, when a corporation is defendant ; habeas corpus and 
 mandamus and (juo warranto in certain cases. 
 
 Courts of common pleas in the several counties have original jurisdiction 
 in all sums over 8100. 
 
 C)rj)/ians^ courts have full probate powers. 
 
 Justices' jurisdiction, §300. In Philadelphia there are magistrates supply- 
 ing the place of justices of the peace, but having jurisdiction only to the- 
 amount of $100.
 
 €70 PENNSYLVANIA. 
 
 Court Calendar.— 
 
 UNITED STATES COURTS. 
 
 CIRCUIT COURT, 
 
 Eastern District. Circuit Judge— William McKennan, of Washington, Pa. Clerk 
 — Samuel Bell, Philadelphia. 
 
 Tervis—At Philadelphia, 1st Mondays April and October. 
 
 Western District. Circuit Judge— Willia,nx McKennan. Clerks— H. D. Gamble, 
 Pittsburgh; Benjamin S. Bentley, Williamsport. 
 
 Terms— At Erie, 2d Monday January, 3d Monday July. At Pittsburgh, 2d Mon- 
 days May and November. At Williamsport, 3d Mondays June and September. 
 
 DISTRICT COURT. 
 
 Eastern District. District Judge — William Butler, of Philadelphia. District Attor- 
 ney — John K Valentine. Philadelphia. jMarshal—A. H. Dill, Philadelphia. Clerk — 
 Charles S. Lincoln, Philadelphia. 
 
 I'erms— At Plilladelpliia, 3d Mondays Februai'y, May, August and November. 
 
 Western District. District- Judge— Marcus W. Achison, of Pittsburgh ; District At- 
 torney , Pittsburgh. Marshnl—Geovge M'. Miller, Washington, Pa. Clerk — Ste- 
 phen C. McCandless, Pittsburgh. 
 
 Teryns— At P'rie, 2d Monday January, 3d Monday July. At Pittsburgh, 1st Mon- 
 day May, 3d Monday October. At Williamsport, 3d Monday .Tune and September. 
 At Scranton, 1st Mondays of March and September. 
 
 SUPREME COURT. 
 
 Oiief Justice — Isaac G. Gordon, Brookville ; ./iw^/oes— Edward M. Paxson, Phila- 
 •delphia; John Trunkey, Franklin; James P. Sterrett, West Philadelphia; Henry 
 Green, Easton ; Silas M. Clark, Indiana, Williams. 
 
 The State Is divided into four districts, and the Courts sit in Philadelphia, from 
 the 1st Monday of January until the 21st Monday thereafter, for oases from the coun- 
 ties comprised in the Eastern District. Prothonotary — Charles S. Greene, Philadelphia. 
 In the several counties comprised in this district, the sessions of the Court begin on 
 the respective Mondays after the first Monday of Jan , following, to-wit: Bucks, 16th 
 Mon- ; Bedford, 18th ; Blair, 20tli ; Bradford, lOth ; Berks, 8th ; Crawford, -Ith ; Carbon, 
 J)th ; Chester, 5th , Cumberland, 17th ; Centre, Gth ; Columbia, 8th ; Clinton, 16th ; 
 Clearfield, 17th ; Cameron, 18th ; Delaware, 5th ; Erie, 4th ; Elk, 6th ; Fayette, 4tli ; 
 Huntingaon,20th ; Juniata, 20th ; Lehigh, 6th; Lebanon, 17th ; Luzerne, 14th; Lacka- 
 wanna, 7th; Lycoming, 6th ; Lancastt-r, I'Jth ; Monroe, 9th ; Montgomery, 15th; 
 Miftlin,20th; Montour, 16th ; McKean, 18th ; Northampton, 9th ; Northumberland, 
 16th; Philadelphia, 1st Monday of January for 4 weeks, and 11th Monday after 1st 
 Monday of January, for 3 weeks; Perrj', 18th ; Potter, 18th; Pike, 7tli; Schuylkill, 
 15th; Somerset, 5tli ; Susquehanna, 10th ; Snyder, 17th; Sullivan, 18th; Tioga, 18th ; 
 Union, 17th ; Wayne, 7th ; Wyoming, 10th ; Warren, 20th ; York, 19th. 
 
 Middle District. Prothonotary— W illiaTLi Pearson, Harrisburg. The Court sits at 
 Harrisburg for 2 weeks, beginning on the 2l8t Monday after the 1st Monday of Janu- 
 ary, for the counties comprised in this district, to wit : Adams, Dauphin, Franklin, 
 and Fulton. 
 
 Western District. Prot?ionotary—J . B. Sweitzer. Pittsburgh. The Court sits at 
 Pittsburgh for 7 weeks, beginning on the 1st Monday of October, for cases from the 
 counties comprising this district, which are taken up as follows, to-wit : Allegheny, 
 on the 4th Monday ol October, (4 weeks); Armstrong, 2d Monday October; Beaver, 
 1st Monday October- Butler, 3d Monday October; Cambria, 2d Monday October; 
 Clarion, Forest, and Green, 1st Monday October; Indiana, 3d Monday October ; Jef- 
 ferson, 1st Monday October ; Lawrence and Mercer, 2d iSIonday October ; Venango 
 and Westmoreland, 1st Monday October; Washington, 3d Monday October. 
 
 Northern District. Prothonotary— J . A. J. Cummings, Sunbury. The term begins 
 on the 3d Monday of September, but the cases in this district are usually heard at 
 Pliiladclphia. The counties comprising the district are Columbia, Montour and 
 Northumberland. 
 
 COMMON PLEAS COURTS. 
 
 The times and places for holding jury terms of these Courts, and the return-days 
 thereof, are as follows : 
 
 lime. 
 
 Jury terms, begin Jan. 24, April 11, Aug. 15, and 
 
 Nov. 7. Return days, Jan. 24, P'eb. 4, April 11, 
 
 and 15, June 20, Aug. 15 and 19, Oct. 18, and 
 
 Nov. 7 and 18. 
 July terms, C. C. P., No. 1: 1st Mon. March, 
 
 June, Sept. and Dee. C. C. P., No. 2; 1st Mon. 
 
 Jan., April, July, Oct. Return days, 1st Mon. 
 
 eacli month. 
 Jury terms and return days, 1st Mon. March, 
 
 June, Sept. and Dec. 
 
 County. 
 
 Where Held. 
 
 Dist. 
 
 Adams . . . . 
 
 . . Gettysburg . . 
 
 . 42 
 
 Allegheny . . 
 
 . . Pittsburgh . . 
 
 5 
 
 Armstrong. . 
 
 . Kittaning . . 
 
 . 33
 
 PENNSYLVANIA. 
 
 671 
 
 County. 
 
 Where ITehl. 
 
 Dii 
 
 Beaver. . . . 
 
 . Beaver 
 
 36 
 
 Bedford . . . 
 
 . Bedford . . . . 
 
 IG 
 
 Berks .... 
 
 . Reading . . . . 
 
 2.3 
 
 Blair 
 
 . HoUidaysburg 
 
 24 
 
 Bradford . . . 
 
 . Towanda . . . . 
 
 13 
 
 Bucks 
 
 . Doylestown . . 
 
 7 
 
 Butler . . . . 
 
 . Butler 
 
 17 
 
 Cambria . . . 
 
 . Ebensburg . . . 
 
 il 
 
 Cameron.. . . 
 
 . Emporium . . . 
 
 2.5 
 
 Carbon . . . . 
 
 . iNIauch Chunk . 
 
 4.^ 
 
 Centre . . . . 
 
 . Bellefonte . . . 
 
 4il 
 
 Chester . . . 
 
 . West Chester . 
 
 15 
 
 Clarion . . . . 
 
 . Clarion .... 
 
 IS 
 
 Clearfield. . . 
 
 . Clearfield . . . 
 
 4() 
 
 Clinton . . . . 
 
 . Lock Haven . . 
 
 2.3 
 
 Columbia . . . 
 
 . Blooms burg . . 
 
 26 
 
 Crawford . . . 
 
 . Meadvllle . . . 
 
 30 
 
 Cumberland . 
 
 . Carlisle 
 
 <) 
 
 Dauphin . . . 
 
 . Harrisburg . . . 
 
 12 
 
 Delaware . . . 
 
 .Media 
 
 32 
 
 Elk 
 
 . Ridgway .... 
 
 2.-) 
 
 Erie 
 
 . Erie 
 
 6 
 
 Fayette Uniontown . 
 
 Forest Tionesta . . . 
 
 Franklin . . . .Chambersburg 
 
 Fulton McConnellsb"g 
 
 •Greene Waynesburg . 
 
 Huntingdon . . Huntingdon . 
 
 /. Timt. 
 
 J ury terms two weeks succeeding 1st Mon. Mar. 
 .June, .Sept. and Dec. Return days, 1st Mon. 
 March, June, Sept. and Dec. 
 
 Jury terms and return days, ]st Mon. Feb., ."id 
 Mon. April, 1st Mon Sept., 3d Mon. Nov. 
 
 Jury terms 3d and 4th weeks Jan., Ajiril, Aug. 
 and Nov., one week Feb., May, .sciit. and Dec. 
 Return days 2d Mon. each mo., except Julj'. 
 
 Jury terms, week beginning 2d INlou. Jan. and 
 March, and 1st Mon. Oct. Return days 1st Mon. 
 each month, and 2d Mon. Jan. and JNIarch, 
 
 Jury terms, 3 weeks succeeding 1st Mon Feb. 
 and Dec, 2 weeks succeeding 1st Aton. Maj'and 
 Sept. Return days, 1st Mou. Feb., May, Sept. 
 and Dec, and last Friday of each term. 
 
 Jury terms and return days, 1st Mon. Feb., May, 
 and Dec. and 2d Mon. «ept. 
 
 No regular jury terms. Return days, 1st Mon. 
 June, Sept. and Dec and 3d Mons. of the other 
 months. 
 
 Jury terms, 3d Mon. Mar., June, Sept. and Dec 
 Return days, Jst Mon. each month, 2d Mon. 
 Mar., June, Sept. and Dec, and the 2 succeed- 
 ing Fridays. 
 
 Jury terms and return days, 1st Mon. May and 
 Sept., and 2d Mon. Nov. 
 
 Jury terms and return days, 3d Mon. Jan., June, 
 and Oct.. and 4th Mon. Mar. 
 
 Jury terms and return days, 4tli Mon. Jan., 
 Apr., Aug. and Nov. 
 
 Jury terms, 2d Mon. Feb., May and Nov. Re- 
 turn days, last Mon. Jan., April, Oct., and 2d 
 Mon. Aug. 
 
 Jury terms, 3d Mon. Jan., April, Aug. and Oct. 
 Return days, 4tli Mon., in eacli month. 
 
 Jury terms and reUirn days, 2d JNIon. Nov. and 
 Jan., 3d Mon. March, Jst Mon. June, 4th Mon. 
 Sept. 
 
 Jury terms and return days, 2d Mon. Feb., May, 
 Sept. and Dec 
 
 Jury terms, 2 Mon. Feb., May, and Dec. and 1st 
 Mon. Oct. Return days, 1st Mod. Feb , May 
 and Dec, 4th Mou. Sept., and 2d Friday suc- 
 ceeding these days. 
 
 Jury terms, 3d Moil. Feb., 4th Mon. April or 1st 
 Mon. May, 4th Mon. .Sept., and .3d and 4th 
 Mon. Nov., or 1st and 2d Mon. Dec. 
 
 Jury terms, 3d Mon. Jan., April and Nov. Re- 
 turn days, 2d Mon. Jan., Apr., and Nov., and 
 4th Mon. Aug. 
 
 Jury terms and return days, 2d Mon. Jan., 3d 
 Mon. April, 4th Mon. Aug., and 2d Mon. Nov. 
 
 Jury terms, 2d Mon. Dec, March and June, and 
 4th Mon. .Sept. Return days, 2d, 3d, and 4th 
 Mon. of every month, 1st Mon. Mar. and Dec. 
 
 Jury terms and return days, 4th Mon. Jan. and 
 May, and 3d Mon. Sept. and Nov. 
 
 Jin-y terms, week beginning 1st and 2d Mon. Oct. 
 2d and 3d Mon. Jan., 3d Mon. Feb., 2d and .3d 
 Mon. Mar. and Apr., and 3d Mon. May. Re- 
 turn days, 1st Mou. Oct., 2d Mon. Jan., 3d Mon. 
 Feb., 2d iNlon. March and April, and 3d Mon. 
 May, and 1st day of each month. 
 
 Jury terms and return days, 1st MoB. Jan., 
 March and June, and 4th Mon. Oct. 
 
 Jury terms and return days, 4th Mon. Feb., and 
 3d Mon May, Sept. and Dec. 
 
 Jury terms and return days, 4th Mon. Feb. and 
 April, and 1st Mon. Sept. and Dec. 
 
 Jury terms and return days, 2d Mon. Jan., Apr. 
 June and Oct. 
 
 Jury terms, 2d Mon. Oct., 1st Mon. Jan. and 
 April, and 3d Mon. June. Return days, 1st 
 Mon. each month, 2d Mon. Oct., and 3d Mon. 
 June. 
 
 Jury terms, 3d Mon. Feb.. Apr., Sept., and Dec. 
 (two weeks). Return days, 3d. Mon., Feb., 
 April, Sept. and Dec, and 2d Fri. after each of 
 these Mons.
 
 672 
 
 PENNSYLVANIA. 
 
 County. 
 
 Indiana .... Indiana .... 40 
 
 Jefferson .... Brookville ... 18 
 
 Juniata Mifflintown . . 41 
 
 Lancaster, . . . Lancaster . 
 Ladiawanna . . Scranton . . 
 
 45 
 
 Lawrence. . 
 
 . . New Castle . . 
 
 . 17 
 
 Lebanon . . 
 
 . . Lebanon . . . , 
 
 . 12 
 
 Lehigh . . . 
 
 . . Allentown . . 
 
 . 31 
 
 Luzerne . . 
 
 . . Wilkesbarre . 
 
 . 11 
 
 Jiliere Held. Dist. Time. 
 
 Jury terms, 1st Mon. Mar., June, Sept. and 
 Dec. Return days, Mar., June, Sept. and Dee. 
 and 1st, 2d, 3d, and 4th Mon. of any inierme- 
 diate month. 
 
 Jury terms and return daj's, 2d Mon. Feb., May 
 Sept. and Dec. 
 
 Jury terms, 1st Mon. Sept., Dec. and Feb., and 
 4th Mon. Apr. Return days, 1st Mon. each 
 month, 4th Mon. April and Fri. after 1st Mon. 
 (Sept., Dec, and Feb^ and 4th Mon. April. 
 
 Jury trials, 4tli Mon. Jan., Apr., Aug. and Nov. 
 Return days, yd Mon. each mo., except July. 
 
 J ur J- terms for two weelis succeeding 2d Mon. 
 Jan., 1st Mon. April, 2d Mon. June, 1st Mon. 
 Oct , and 4th Mon. Nov. Return days, 2d Mon.. 
 Jan., 1st Mon. April, 2d Mon. June, 1st Mon. 
 Oct., 4th Mon. Nov., and 2d Friday after each, 
 of the foregoing. 
 
 Jury terms and return days, 2d Mon. Feb., May, 
 Sept. and Dee. 
 
 Jury terms and return days, 2d Mon. Jan., 3d 
 Mon. Apr., 4th Mon. Aug., and 2d Mon. Nov. 
 
 Jury terms and return days, 1st Mon. Jan., Apr. 
 and June, 2d Mon. after 4th Mon. Aug., and 
 last Mon. Oct. 
 
 Jury terms, 2d Mon. Jan., Feb., 1st Mon. Marcli„ 
 2d Mon. May, 1st Mon. June, Oct., 3d Mon. 
 Nov. Return da5's, 2d Mon. Jan., Feb., May 
 and Sept., 1st Mon. March, June and Oct., od 
 Mon. Nov. 
 
 Jury terms, 3 weeks succeeding 1st Mon. Mar., 
 May and Oct., and last Mon. Nov. Return 
 days, 4th Mon. of each month, or 4th Mon. of 
 any intermediate month before tlae next term, 
 or 1st Mon. of each term. 
 
 July iterms, 4th Mon. Feb., May, Oct., and 2d 
 Mon. Dec. Return days, 4th Mon. of each 
 month, and 2d Mon. Dec. 
 
 Jury terms, 2d Mon. Feb., April, May and Dec, 
 3d Mon. Nov. Return days, 1st Mon. Jan., 
 March and June, 3d Mon. Sept., and 2d Friday 
 thereafter. 
 
 Jury terms and return days, 2d Mon. .Jan., 3d 
 Mon. April, 4th Mon. August, 2d Mon. Nov. 
 
 Jury terms and return days, 4th Mon. Feb., May, 
 Sept. and Dee. 
 
 Jury terms, Jan., Feb., May, 3d weeks June, Oct. 
 and Nov. Return days, 1st Mon. Mar., June, 
 Oct. and Dec, and Fri. before ild Sat. there- 
 after; also, 2d Mon. Jan., Feb., April, May, 
 Sept. and Nov. 
 
 Jury terms, 4th Mon. Feb. and l^Iay, 3d Mon. 
 Sept. and Dec. Return days, 4th Mon. Feb. 
 and May, 3d Mon. Sept. and Dec, and next 
 following Fridays. 
 
 Jury terms, 2d Mon. Jan., 4th Mon. March, 3d 
 Mon. April, May and June, 2d Mon. June^id 
 Mon. Sept., 3d Mon. Oct., Nov. and Dec. Re- 
 turn days, 3d Mon. Jan., Aug. and Nov., and 
 4th Mon. April. 
 
 Jury terms, 2d Mon. Feb., May, Sept. and Dec. 
 Return .days, 1st Mon. Feb., May, Sept. and 
 Dec, and 2d Mon. of any intermediate month. 
 
 Jury terms, 1st Mon. Aug.. 3d Mon. Nov. ami 
 Jan., and 2d Mon. April. Return days, 1st 
 Mon. of each month, and Mondays and Fri- 
 days of trial weeks. 
 
 Jury terms as ordered during months Jan., 
 Feb., April, May, Oct. and Nov. Return days, 
 1st Mon. each month, and 3d Mon. Sept. 
 
 Jury terms and return days, 3d Mon. March, 1st 
 Mon. June, 3d Mon. Oct. and Dec. 
 
 Jury terms, 1st Mon. Jan. and March, 2d Mon. 
 June, 3d Mon. Sept. Return days, 1st Mon. 
 Jan. and March. 2d Mon. June, 3d Mon. Sept. 
 
 Jury terms, 3d ]Mon. Jan.. March, ;May, Sept. 
 and 4th Mon. Nov. Return days, 1st and 2d 
 Mon. Jan., March, May, July, Sept., and 2d and 
 od Mon. Nov. 
 
 Lycoming . . . Williamsport . 29 
 
 McKean .... Smethport ... 48 
 
 Mercer Mercer 35 
 
 Mifflin Lewistown ... 20 
 
 Monroe Stroudsburg . . 43 
 
 Montgomery . . Norristown . . 38 
 
 Montour .... Danville .... 26 
 
 Northampton . Easton 3 
 
 Northumb'rl'd Sunbury .... 8 
 
 Perry New Bloomfield 41 
 
 Philadelphia . . Philadelphia. . 1 
 
 Pike Milford 22 
 
 Potter Coudersport . . 48 
 
 Schuylkill . . . Pottsville. . . . 21
 
 PENNSYLVANIA. 
 
 673 
 
 County. 
 
 Where Held. Dist. 
 
 Time. 
 
 Snyder Middleburgh 
 
 Somerset .... Somerset . . . 
 
 20 
 
 Sullivan .... La Porte . . . 
 Susquehanna . Montrose . . . 
 
 Tioga Wellsboro . . 
 
 ITnion Lewisbiu-gh 
 
 Venango .... Franklin , . 
 
 Warren Warren . . . 
 
 Washington . . Washington 
 
 16 
 
 20 
 
 Jury terms and return days, 4tli Mon. Feb., May, 
 Sept , and 2d Mon. Dec. 
 
 Jury terms, 4th Mon.Feb.,3>ron. May.ith Mon. 
 Sept., 2d Mon. Dec. Return days, 1st Mon. 
 each month. -Jth ]\Ions. and 2 succeeding Fri. 
 Fed. and Sept., 8d Mon. and 2 succeeding Fri. 
 May, and 2a Mon. and 2 succeeding Fridays 
 Dec. 
 
 Jury terms and I'eturn days, ithMon. Feb., May 
 Sept., and 2d Mon. iJec. 
 
 Jury terms, 3d Mon. Jan., Apr., Aug. and Nov. 
 Return days, 2d Mon. Jan., Apr., Aug , Nov. 
 and Ist Mon. each month. 
 
 Jury terms, 4th Mon. Jan., 1st Mon. April, 4th 
 Mon. Aug. (3 weeks) and 4tli Mon, Juue and 
 Oct. Return days, 4th ]Mon. Jan, 1st Mon. 
 April, 4th Mon. Aug., last Mon. of any inter- 
 mediate montli. 
 
 Jury terms, 2d Mon. INIarch, 3d Mon. May, Sept., 
 and Dec. Return days, Ist Mon. each montli, 
 and 2d Mon. March, 3d Mon. May, Sept. and 
 Dec., and Friday of .same week. 
 28 Jury terms, as directed by the court. Return 
 days, 1st Mon.esich month, and 4th Mon. Jan., 
 April, Aug. and Nov. 
 37 Jury terms and return days, 2d Mon. Nov. and 
 Dec, 1st Mon. Jan. and Feb., 2d JNlon. Feb., 1st 
 Mon. April, May and Oct. 
 27 Jury terms, 3d Mon. Feb., May and Nov. Re- 
 turn days, 1st Mon. each month, and 3d Mon. 
 Feb., May and Nov. 
 22 Jury terms and return days, 1st Mon. Feb., May, 
 
 Sept. and Dec. 
 10 Jury terms, 2d Mon. Feb., 3d Mon. May, 1st Mon. 
 Sept., and 3d Mon. Nov. Return days, 1st 
 Mon. each month, 2d Mon. Maj' and Nov., 
 and last Mon. Aug. 
 44 Jury terms, 2d Mon. Jan., Apr., Aug. and Nov. 
 Return days, 2d Mon. Jan., April, Aug. and 
 Nov., and Fridays following. 
 19 Jury terms, 2d Mon. Jan., 3d Mon. Apr., 4th 
 Mon. Aug., 3d Mon. Oct., and 1st Mon. each 
 month, except Jan. and Nov. 
 
 For jurisdiction of courts, see title Courts, under Laavs of Pennsylvania, ante. 
 Curtesy. — (See Dower.) 
 
 Deeds. — Of real estate must be under seal which may be a scroll made 
 with pen and ink. To convey a fee they must include the word "heirs." 
 
 Deeds are good from their delivery ; as between the parties and their 
 privies and also judgment creditors, btit are not good against bona fide sub- 
 seqitent iTurchasers or mortgagees for a valuable consideration, without 
 notice, who record their deeds or mortgages before the record of the prior 
 deed. To give record notice to a subsequent purchaser or mortgagee, in 
 Philadeljjhia, the deed should be recorded at once, and in the rest of the 
 state, within six months, tinless made out of the state, when the time is 
 twelve months. They should also have two subscribing witnesses. 
 
 Depositions. — Are taken out of the state by commission, directed to cer- 
 tain persons, named by the parties, with the approval of the court. They 
 may be taken in the court below, pending a writ of error, and when taken in 
 one suit may be used in another, if the subject of the suits are the same. 
 
 Form — Caption to Deposition. 
 
 "Depositions of witnesses produced, sworn (or affirmed) and examined, 
 
 on the day of , in the year of our Lord, one thoiisand eight hundred 
 
 and eighty , at the office of , No. street, in the city of 
 
 and state of , under and by virtue of a commission issued out of the 
 
 Wayne Honesdale . . 
 
 Westmoreland. Greensburg . 
 
 Wyoming . . . Tunkhannoclv 
 York York
 
 674- PENNSYLVANIA. 
 
 court of common pleas for county (as the case may be) to directed, 
 
 for the exammation of witnesses in a certain cause depending in said court, 
 wherein is plaintiff and is defendant." 
 
 INSTRUCTIONS. 
 
 The commissioner will examine the witnesses separately, after adminis- 
 tering to each of them an oath or affirmation (in the usual fonii, or in such 
 form as shall be binding on his conscience) that the answers he will give to 
 interrogatories and cross-interrogatories (if any) shall be the truth, the 
 whole truth and nothing but the truth. 
 
 The commissioner will then draw up in writing the answers of the wit- 
 nesses to the interrogatories in the following form : 
 
 A. B. (insert residence and occupation, ) aged years and upward, be- 
 ing duly sworn (or affirmed) and examined on the part of the plaintiff (or 
 defendant) doth depose and say as follows : 1. To the first interrogatory he 
 says, etc. (insert the answer.) 2. To the second interrogatory he says, etc. 
 (and so through the interrogatories until all have been answered.) If there 
 are cross-interrogatories, the deposition will proceed thus : 1. To the first 
 cross-interrogatory, he saith, etc. (and so on throughout.) Every inter- 
 rogatory and cross-interrogatory, and each brancli and clause thereof, must 
 be answered, if the witness merely declare that he has no knowledge of the 
 matter inquired of. The witness must sign the deposition, or make his 
 mark if he cannot write ; and the commissioner will certify opposite the sig- 
 nature or mark as follows : 
 
 Form — Continued. 
 
 Examination taken, reduced to writing, and by the witness subscribed 
 
 and sworn (or affirmed) to this day of , A. D. 18 — , before me, 
 
 commissioner. 
 
 INSTRUCTIONS. 
 
 And the commissioner will also sign his name to each page of testimony. 
 If, in the examination, any paper, exhibit or document be produced or re- 
 ferred to, it must be marked by some letter or figure, and further identified 
 by the commissioner in the following manner ; "At the execution of a com- 
 mission to take testimony between , plaintiff", and , defendant, 
 
 this paper has produced and deposed unto by (here give the witness' 
 
 name) at the time of his examination" — to which the commissioner and 
 witness will sign their names. 
 
 INTERPRETER. 
 
 If an interpreter should be employed, he must be sworn (or affirmed) that 
 
 he "will truly and faithfully interpret the oath and interrogatories to , 
 
 a witness now to be examined, out of the English language into the 
 
 language, and will truly and faithfully interpret an answer of the said wit- 
 ness thereto out of the language into the English language." The de- 
 position must also be signed by the interpreter, and the fact certified by the 
 commissioner. 
 
 The commissioner will indorse his return on the commission thus : " The 
 execution of this commission appears in certain schedules hereto annexed." 
 The fees of the commissioner should also be indorsed. The depositions and 
 exhibits must be bound up with the commission, some tape passing through 
 and connecting the whole, and securely inclosed in a packet, sealed with the 
 commissioner's seal, with his name written across or by the side of tlie seal. 
 Tlie name of the case must be indorsed on the envelope, and it must be ad- 
 dressed to the court from which the commission issued. Unless otherwise 
 instructed, it should be returned by mail with the following additional in- 
 dorsement : {Form.) " Deposited in the post-office at tlais day of
 
 PENNSYLVANIA. 675 
 
 , A. D. 18 — , by me" — and this should be sij^ued by the commissioner. 
 
 No person is allowed to be present during the examination but the commis- 
 sioner and the witness and such disinterested person as the commissioner 
 may (if he think tit) appoint as clerk, (6 Barr., 44!). i The in.strnctions 
 should be literallj' followed, as a slight variance may vitiate the execution of 
 the commission. (See I'roubat d- Haley's Practice, % 59T, et seq.) 
 
 Descent. — The widow of an intestate, if he leave real property, takes one- 
 third, if children survive ; if no children survive, she takes one-half for life, 
 and if he leave no known heirs she takes all in fee. Illegitimates inherit 
 from their mother as heirs in fee simple. The surviving husband has a life 
 estate in his wife's land, as tenant by the courtesy, whether issue had been 
 born or not. In all cases, collaterals in the same degree take equallj', and 
 in unequal degrees, by representation, as far as grandchildren of brothers 
 and sisters and children of uncles and aunts. Then to the next of kin, ac- 
 cording to the rules of the civil (not of the canou) law. In all cases, the 
 heirs must be of the blood of the ancestors. And on default of all the fore- 
 going, to the widow or husband of the intestate, and if none, then escheat 
 to the commonwealth. Posthumous heirs inherit in the same nianner as if 
 born in the intestate's lifetime. The same time prevails as to realty as to 
 personalty in making claim for share, in deducting advancements and pay- 
 ing collateral inheritance taxes. If the intestate die leaving issue his per- 
 sonal property descends to his widow in one-third portion absolutely; if no 
 issue, one-half. The surviving husband, if there be also issue, takes one 
 equal share with the children, the personal estate being divided equally 
 among the liusband and children, share and share alike. If there be no issue 
 he takes all. Subject to these provisions the personalty is divided among 
 the issue the same as realty. 
 
 Divorce. — An absolute divorce will be granted, where the marriage is 
 void, from an existing marriage or from one coming within the degrees of 
 affinity or consanguinity ; where there is natural impotence ; for adultery 
 and cruel and barbarous treatment ; where there is wilful desertion for two 
 years or either party has been convicted of felony and sentenced for a term 
 exceeding two years ; and where the marriage has been procurred by force, 
 fraud or coercion, and not been confirmed by the acts of the injured party. 
 No person is entitled to a divorce unless botia fide a resident of ihe state for 
 one year prior to the application. Divorce for desertion may be applied for 
 after six months only, but the decree will not be made until the expiration 
 of the two years. Divorce for desertion, intolerable treatment, or adultery, 
 will be granted, though the act occurred in another state or country, A jury 
 trial will only occur on the demand of either party. Publication will be 
 made if the defendant is not found in the county. An appeal lies within one 
 year to the supreme court, but the decree will be vacated at any time for 
 fraud, by the court pronouncing it. Divorce from bed and board, will be 
 granted to any wife who has been turned out, or abandoned, or been cruelly 
 and barbarously treated so as to endanger her life, or sutiered such indigni- 
 ties as to render her life intolerable and force her to withdraw from his house 
 and family ; and where the husband is guilty of adultery. Alimony, fixed 
 by the court at a sum not exceeding a third part of his income, is granted and 
 enforced by attachment and imprisonment ; it is also a lien on real estate. 
 This kind of divorce is terminated by reconciliation, or offer to receive and 
 treat as a good husband ought to do. 
 
 Dower — And courtesy attach to both legal and equitable estates. The 
 widow is entitled to one-third of the estate of her husband, as her dower, 
 while the surviving husband has a life estate in his wife's land, as tenant by 
 the courtesy, whether issue had been born of the marriage or not, "Where 
 a will is made, the husband or wife may take against it, the wife taking the 
 same interest as if her husband had died intestate, and the husband taking
 
 676 PENNSYLVANIA. 
 
 such interest in her estate as she could against his will, or else taking only his 
 estate by the curtesy in the realty. 
 
 Evidence. — By the act of May, A. D. 1887, all persons in criminal as well 
 as civil cases are made competent witnesses except such persons as have been 
 convicted of ijerjury or subornation of perjury ; also husband and wife; 
 counsel and client are not permitted to testify for or against one another ; 
 neither is the surviving party to an action allowed to testify. Any party to a 
 suit may be compelled to testify against his interest, in which case he be- 
 comes comi^etent as witness for either party. In any civil proceeding, the 
 testimony of any competent witness may be taken by commission or deposi- 
 tion in accordance with the laws of this commonwealth, and the rules of the 
 proper court. Wlien properly proven notes of the examination of a witness 
 in any former civil proceeding, may be competent evidence in a subsequent 
 proceeding. For contradiction, evidence must be proven orally. Witnesses are 
 compelled to testify, except defendants on trial in a criminal court, but such 
 defendants need not criminate themselves ; and any neglect, on the part of a 
 defendant in a criminal court to testify, shall not be treated as creating any 
 presumption against him, or be adversely referred to by court or counsel 
 during the trial. 
 
 Executions. — May issvie as soon as judgment is obtained, or at any time 
 witliin five years. The writ of execution is made returnable on the first 
 Monday of the following term ; but it is the duty of the sheriff" to make his 
 levy at once, and he may proceed to sell personal property upon six days' 
 notice, and distribute the proceeds. Stay of execution upoa suits in court 
 can be taken, by giving security, or under claim of freehold. On all sums of 
 $300 and under, six months ; between 6300 and $500, nine months ; over $500 
 twelve months. In suits before justices of the peace, on sums between five 
 dollars and thirty-three cents and twenty dollars, three months ; between 
 twenty dollars and sixty dollars, six months ; and over sixty dollars, twelve 
 months. Tlie stay is computed from the first day of the term to which the 
 action was commenced. 
 
 Executors. — Whenever the executors named in any last will or testament, 
 shall refuse or renounce the trust and execution thereof, the register having 
 jurisdiction may receive the probate of such will, and grant letters of admin- 
 istration with it annexed, to the person by law entitled thereto. Before any 
 register shall issue such letters, he shall first administer an oath to the person 
 or persons accepting the same, and all non-resident executors shall also be 
 required to give bonds. 
 
 Exemption. — The law exempts from levy and sale upon execution, or dis- 
 tress for rent, the wearing apparel of defendant and family, the bibles, school 
 books and sewing machines in use in his family, and any other property, real 
 or personal, which he may claim as exempt, to the value of $800. The ex- 
 emption must be claimed by the defendant, and being a jiersonal right merely, 
 it can be waived by him if he does not wish to take advantage of it. 
 
 Factors. — It is a misdemeanor for factors, consignees and common carriers 
 to embezzle goods committed to their care. It is also a penal offence for any 
 person to knowingly buy such merchandise. Factors always have a lien on 
 goods for expenses and cliarges. Wai'ehousemen may issue negotiable 
 receipts for goods stored or in transit to them, transfcrrable by indorsement 
 and delivery. Issuing such receipts without actual custody, or delivering the 
 goods without the return of tlie receipt, is a fraud, punishable by fine and 
 imprisonment as well as civil suit. 
 
 Gamisliment. — {See Attachments.) 
 
 Grace. — {See Notes and Bills of Excliange.)
 
 PENNSYLVANIA. 677 
 
 Insolvent L&ws.—CSee Arrest.) 
 
 Interest. — Le<j[al interest is six per cent. Usurious interest can not be 
 ■collected, and if paid may be recovered back, provided suit is brought there- 
 for within six months. Negotiable paper taken bona fide in the usual course 
 of business is not affected by the rate of discount allowed on it ; and canal 
 and railroad companies may sell their bimds, etc., below par, without mak- 
 ing the interest usurious. Most of the savings banks are, by special statute, 
 authorized to lend money at higher rates of interest ; but banking companies 
 are prohibited from taking more than six per cent, (Act of May 23, 1878.) 
 Commission merchants and agents may contract with parties outside the 
 state for seven per cent. It is not usury for a borrower to contract to pay the 
 taxes upon the money lent, nor to pay a reasonable attorney's fee in case suit 
 is brought for its collection. Interest is due upon every debt from the time 
 it becomes due and payable. The rate is the same on all debts, whether se- 
 cured by judgment or not. 
 
 Judgment. — Is good for twenty years, but is a lien on real estate only for 
 five years from its date. Its lien may be continued indefinitely, however, by 
 I'eviving it every five years. It is not a lien upon after acquired real estate 
 until revived. 
 
 Justices of the Peace. — {See Courts.) 
 
 Liens. — Mechanics liens must be filed within thirty days after last labor 
 ■done or material furnished. Notice of intention to file such lien must be 
 given to the owner or reputed owners, or such lien will be of no validity, and 
 no such lien shall continue, but shall be released and discharged, unless the 
 party claimant, or his legal representatives shall, within three months of the 
 date of filing his statement of claim, as aforesaid, prosecute the same by 
 •causing a scire facias to be issued thereon, as is now provided by law incase 
 of mechanics liens, relating to mechanics liens. 
 
 Limitation of Actions. — Seven years quiet possession gives a valid title 
 to real estate in Pennsylvania. Entry to lands is barred after twenty-one 
 jears, also right of action, except those laboring nnder legal disabilities. 
 All personal actions shall be barred by the statute of limitations after six 
 years; except actions of trespass, assault, battery, wounding, or imprison- 
 ment, which shall be barred in two years. All actions, suits, bills, indict- 
 ments or informations, which shall be brought for any forfeiture, upon any 
 penal act of assembly made or to be made, wherebj' the forfeiture is or shall 
 be limited to the commonwealth only, shall hereafter be brought within two 
 years after the ottence was committed and at no time afterwards. Theoft'ence 
 of forgery, whether the same be a misdemeanor or felony shall not be held 
 barred by the statute of limitation, when the indictment therefor shall have 
 been brought or exhibited within five years next after the offence has been 
 committed. 
 
 Limited Partnerships.— (-See PartnersMps.) 
 
 Married "Women. — Tlie act of assembly approved June 3d, A. D. 1887, 
 commonly called the "married person property act" has greatly revolution- 
 ized the rights of married women, giving them full power to inherit, acquire 
 and convey real or personal property, improve the same ; have the power to 
 make contracts of any and every kind; to give obligation binding themselves 
 therefore, and also to sue and be sued, without being joined by their hus- 
 bands, upon any and all contracts made by them ; upon all torts committed 
 by them, and to have as full power in every rcsjject as if they were feme sole 
 traders. Provided however, that a married woman shall have no power to
 
 678 PENNSYLVANIA. 
 
 mortgage or convey her real estate, unless her husband join in such mort- 
 gage or conveyance, nor become accommodation indorser, guarantor or 
 surety for another. A married woman may make, execute and deliver leases 
 of her property, real and personal and assignments, transfers and sales of her 
 separate personal property and notes, bills, drafts, bonds or obligations of 
 any kind, and to appoint attorneys to act for her, and it shall not be necessary 
 for her husband to be made a party thereto or joined therein. A married 
 woman may dispose of her property, real and jiersonal, by last will and testa- 
 ment in writing, in the same manner as if she were unmari-ied. Husband and 
 wife shall have the same civil remedies upon contracts in their own name and 
 right against all persons for the protection and recovery of their sepai'ate 
 property as unmarried persons. 
 
 Mechanics Liens.— (/See Liens.) 
 
 Minors. — All persons, male or female, married or single, are of age at 
 twenty-one years. Minors above fourteen must appear in court to choose 
 their guardians, unless non-residents or unable to appear. All guardians 
 appointed by the courts, are required to give bonds, to be approved by the 
 court, to file an inventory of the estate with the clerk of the court, to file ac- 
 counts every three years and a final account on discharge. Discharge may 
 be granted before the minor attains majority, if the court approve ; so also 
 removal for misconduct. 
 
 Mortgages. — Are executed and acknowledged same as deeds, and lien in- 
 heres from time of recording, except where given for purchase money, when 
 the mortgage is a lien from its date, if recorded within sixty days. Chattel 
 inortgages may be given on mining property, lumber, petroleum, iron and 
 other articles specified ; must be for not less than $500, and must be filed of 
 record. The lien thus created continues one year, and must be revived 
 within thirty days of the expiration of that period, or it becomes void. 
 
 Notes and Bills of Exchange. — (See Bills, etc.) 
 
 Oaths and Affidavits. — Witnesses are sworn by laying the hand upon the 
 book and kissing it, or with the uplifted hand and the repetition of the usual 
 words ; an afiirmation is also allowed. A certificate from the clerk or pro- 
 thonotary of court, over his hand and seal, as to the right of the person ta 
 administer the oath, must accompany all acknowledgments. 
 
 Practice. — (See Actions.) 
 
 Partnerships. — Partnership associations may be formed for the transac- 
 tion of any lawful business, under the act of 1874. Three or more persons 
 may enter into such partnership, and their liability extends only to the 
 amount of stock subscribed by themselves. The word " Limited" must 
 always follow the name of the association. Limited partnerships may be 
 formed, but not to carry on the business of banking and insurance. Their 
 liability is limited to the amount of ca])ilal contributed by them. A certifi- 
 cate, signed and acknowledged by all the partners, must be recorded, show- 
 ing the firm name, the nature of the business, the names and designations of 
 the general and special partners and their places of residence, the capital con- 
 tributed by the special partners, and the commencement and termination of 
 the term of partnership. 
 
 Recording. — (See Deeds.) 
 
 Replevin. — Personal pi'operty may be replevied by the owner or otherper- 
 son entitled to the i)ossession of it. The plaintiff or some one in his behalf
 
 PENNSYLVANIA. 679 
 
 must execute a bond to the sheriff in double the value of the property 
 claimed, and if the defendant wishes to assert his right of possession, he can 
 retain the property by giving like security. 
 
 Revivor. — All judgments entered in any court of record of this common- 
 wealth, or revived in manner prescribed by the act of March 2Gtli, 18S7, to 
 which this is a supplement, shall continue a lien on the real estate of the 
 defendant for the tenn of five years from the day of entry or revival 
 thereof ; and no judgment shall continue a lien on such real estate for a 
 longer period than five years from the day on which such judgment may be 
 entered or revived, unless revived within that period by agreement of the 
 parties and terre tenants, filed in writing, and entered on the projier docket, 
 or a writ of scire facias to revive the same be sued out within said period, 
 nor shall the revival of such judgment by agreement as aforesaid, or the issu- 
 ing of a scire facias, either with or without entry of judgment thereon, have 
 the ett'ect of continuing such lien for a longer pei'iod than five years from the 
 day on which it may be revived as aforesaid, or siach scire facias may have 
 issued. 
 
 Stay of Execution.— (-S^e Executions.) 
 
 Supplementary Proceedings. — Proceedings of this nature lie only where 
 the debtor is liable to arrest and where a bill of discovery can be had. The 
 proceeding is statutory, and substantially the same as pursued in a foreign 
 attachment, the defendants being interrogated, etc. 
 
 Taxes. — All real estate may be sold for taxes, with right of redemption 
 witliin two j'ears. 
 
 Trusts. — Trust deeds are not used. 
 
 Usury. — {See Interest, etc.) 
 
 Wages. — There is.no stay of execution on judgments for the wages of 
 manual labor amounting to one hundred dollars or less, and no exemption 
 from execution where the judgment is for fifty dollars or less, when for the 
 wages of manual labor. In the case of an insolvent's voluntary assignment, 
 the wages must be paid after thirty days, or execution may issue. That is, 
 where the insolvent was an employer of miners, servants in public or private 
 houses, laborers in livery stables or laundries, washerwomen, dressmakers, 
 seamsters and seamstresses, store clerks, printers or apprentices ; their wages 
 are preferred to the amount of two hundred dollars. In the case of all other 
 assignments, the amount of wages preferred is limited to one hundred dollars, 
 and are preferred before rent and judgments or mortgages not i:>rior to the 
 performance of the labor. Suits for wages of manual labor have priority on 
 the trial list. 
 
 Wills. — For special provisions ; and t>therwise, every person of full age and 
 of sound mind, may dispose of his real and personal property by will. Such 
 will must be in writing, except that personalty may be given by a nuncupa- 
 tive will during the last illness, declared by the testator in his ow"n house or 
 where he has resided for at least ten days, or where the testator has been 
 surprised by sudden illness ; and if the amount exceeds one hundred dollars, 
 •leclared to two witnesses at the time ; unless the testator be a mariner or 
 soldier in actual military service. And such written will must be signed by 
 the testator at the end ; but if he is incapable, then by some one in his pres- 
 ence and by his express direction. In the latter case the testator's name need 
 not be written to the will ; only the witnesses' navies, at his request. A will 
 may be written or signed in lead pencil. Witnesses are not necessary, except
 
 680 PENNSYLVANIA. 
 
 in the cases of married women's wills, where the testator cannot sign, and 
 where there is a devise to a charity ; these all require two witnesses. The 
 witnesses do not need to have the will read to them. No seal is necessary. 
 The whole of the testator's estate passes without words of inheritance, as does 
 also after-acquired real estate, unless it appears otherwise from the words of 
 the will. And all wills speak and take effect as if executed immediately be- 
 fore the testator's death, unless a contrary intention appear. A lapsed or 
 void devise of realty (like personalty) will fall into the residue, if any. Cop- 
 ies of wills duly proved in any other state or country may be registered here 
 if duly authenticated, and letters testamentary or of administration will be 
 granted thereon. 
 
 Witnesses.— ((See Evidence.)
 
 PENNSYLVANIA. 
 
 681 
 
 ATTORNEYS IN PENNSYLVANIA. 
 
 Bold Face Type denotes county seats. A dash (— ) less than 100 population. 
 Figures after names, when admitted to the Bar. A star (*) Notaries Public. 
 A double dagger (J) our Compiler of Laws. 
 A dagger (t) former recommendation withdrawn. 
 
 PLACE. 
 
 COUNTY. 
 
 Aaronsbtirgh 
 
 Centre 
 
 Acaderaia 
 
 Juniata 
 
 Allentown 
 
 Lehigh 
 
 Allenwood 
 
 Union 
 
 Altoona 
 
 Blair 
 
 Apollo 
 
 Armstrong 
 
 Ashland 
 
 Schuylkill 
 
 Athans 
 
 Bradford 
 
 Avoca 
 
 Luzerne 
 
 Barnhart's Mills 
 
 Butler 
 
 Beaver 
 
 Beaver 
 
 Beavertown 
 
 Snyder 
 
 Beaver Falls 
 
 Beaver 
 
 NAMES OF ATTORNEYS. 
 
 popula'n. 
 
 Bedford 
 
 Bellefonte 
 
 Berrysburgh 
 
 Berwick 
 
 Bethlehem 
 
 Big Cove Tannery 
 
 Blairsville 
 
 Bloomsburg 
 
 Blossburgh 
 
 Bradford 
 
 Braddock 
 Bristol 
 Brookville 
 Butler 
 
 Cannousburgh 
 
 Canton 
 
 Carbondale 
 
 Carlisle 
 
 CarroUtown 
 Catasauqua 
 
 Bedford 
 
 Centre 
 
 Dauphin 
 
 Columbia 
 
 Northampton 
 
 Fulton 
 
 Indiana 
 
 Columbia 
 
 Tioga 
 
 McKean 
 
 Allegheny 
 
 Bucks 
 
 Jefferson 
 
 Butler 
 
 Washington 
 
 Bradford 
 
 Lackawana 
 
 Cumberland 
 
 Cambria 
 Lehifjh 
 
 Jas. P. Cobum. 1,500 
 
 John Nurse. 160 
 
 fF. A. R.BALDWIN, ,j. ,,.^ 
 
 \ 536 Hamilton St. ^^'^^^ 
 
 (See Lewisburg). 621 
 
 Alexander & Herr. 23,716 
 
 J. Freetly. 1,156 
 
 Wm. A. Marr. 6^052 
 
 S. R. Tayue. 2,000 
 
 {See Pittston.) — 
 
 M. B. McBride. 3,000 
 
 S. B. Wilson. 1,200 
 
 (See Selins Grove). 336 
 
 / f Joseph Ledlie. c, -.^„ 
 
 I Roger Cope, ^''"^^ 
 
 ( Hon. Wm M. Hall. Late 
 
 ^ Prest. Judge 16th Judi- 
 
 r cial Dist., Penna. 
 
 < BEAVER, "59 GEPHART '76 
 I & DALE, '86. 
 
 H. L. Lark. 
 
 C. B. Jackson. 
 
 J. DAVIS BRODHEAD, '80. 
 
 G. W. Skinner. 
 
 t W. B. Bayer. 
 
 Knoor & Wintersteen. 
 
 J. C. Horton. 
 
 < f James K. Wallace, 
 i Geo. A. Berry, '71. 
 
 E. J. SMAIL, '83. 
 
 A. Weir Gilkeson, '79 
 
 H. CLAY CAMPBELL, '68. 
 
 A. T. BLACK, '72. 
 
 James McCullough. 
 
 Lilley & Bullock. 
 
 James E. Burr. 
 
 < H. M. LEIDIGH, '87. 
 \ t James W. Eckels. 
 S t James C. Easly. 
 \ .James Null. 
 
 W. H. Glace. 
 
 2.011 
 
 3,026 
 
 475 
 3.800 
 5,193 
 
 166 
 2,003 
 5.000 
 2,140 
 
 9,179 
 
 5,273 
 3.025 
 3.163 
 1,200 
 1,500 
 7,714 
 
 6,207 
 
 720 
 3,200
 
 682 
 
 PENNSYLVANIA. 
 
 Catawissa 
 
 Ceutralia 
 
 Cbalfaut 
 
 Chambersburgh Franklin 
 
 COUNTY. 
 
 Columbia 
 Columbia 
 Bucks 
 
 NAMES OF ATTORNEYS. POPULA'n. 
 
 Chester 
 
 Clarion 
 
 Erie 
 
 Espy 
 
 Everett 
 
 Frackville 
 
 Franklin 
 
 Freeburgli 
 
 Freeport 
 
 Gettysburg!! 
 
 Girard 
 
 Greencastle 
 
 G-reensburg 
 
 Greenville 
 
 Delaware 
 
 Clarion 
 
 Clearfield 
 
 Clearfield 
 
 Coalport 
 
 Clearfield 
 
 Coatesville 
 
 Chester 
 
 Columbia 
 
 Lancaster 
 
 Conueautville 
 
 Crawford 
 
 Connellsville 
 
 Fayette 
 
 Conshohocken 
 
 Montgomery 
 
 Cooksburgb 
 
 Forest 
 
 Corry 
 
 Erie 
 
 Coudersport 
 
 Potter 
 
 Curwensville 
 
 Clearfield 
 
 Danville 
 
 Montour 
 
 Dewart 
 
 Northumberland 
 
 Derrick City 
 
 McKean 
 
 Downingtown 
 
 Chester 
 
 Doylestown 
 
 Bucks 
 
 Driftwood 
 
 Cameron 
 
 Dubois 
 
 Clearfield 
 
 Duke Centre 
 
 McKean 
 
 Dushore 
 
 Sullivan 
 
 Easton 
 
 Northampton 
 
 Ebensburgh 
 
 Cambria 
 
 Edinborough 
 
 Erie 
 
 Eldred 
 
 McKean 
 
 Elkland 
 
 Tioga 
 
 Emporium 
 
 Cameron 
 
 Erie 
 
 Columbia 
 
 Bedford 
 
 Schuylkill 
 
 Venango 
 
 Snyder 
 
 Armstrong 
 
 Adams 
 
 Erie 
 
 Franklin 
 AVestmoreland 
 Mercer 
 
 J. B. Bobbins. 
 "Wm. Bryson. 
 Thos. McReynolds. 
 <s J. D. Ludwig, '74. 
 
 ( J. M. McDowell, '69. 
 
 f Orlando Harvey. 
 
 J See Card in Appendix, page xvii. 
 
 1 Wm. S. Sykes, '78, 
 (. Central Exchange. 
 
 5 W. A. HINDMAN, '76. 
 ( REED & WILSON. 
 5 MURRAY & GORDON. 
 } S. V. WILSON, '77. 
 
 George M. Bilger. 
 
 R. J. Monaghan. 
 
 H. M. North. 
 
 A. J. Harper. 
 
 P. S. Newnyer. 
 
 James B. Holland. 
 
 Samuel Calvin. 
 
 M. Crosbv. 
 
 S. C. WHITE, '84. 
 
 R. D. Swoope. 
 
 E. H. Baldy. 
 
 (SeeLewisburg), 
 
 G. J. Stranahan. 
 
 (See West Chester). 
 
 JER. FACKENTHALL, '82. 
 
 J. P. McMarney. 
 
 T. Ames. 
 
 W. E. Burdick. 
 
 T. J. Ingham. 
 r Simeon B. Chase, '51. 
 J 57 Centre Square. 
 
 I WM. C. EDELMAN, '65. 
 I 414 & 416 Northampton St. 
 
 GEORGE M. READE, '51. 
 
 John Proudfit. 
 
 E. R. Mayo. 
 
 J. S. Rvon. 
 ( M. BRENNAN, '82. 
 \ NEWTON, (J. B). 
 I & GREENE (B. W.) 
 
 r ALLEN (GEO. A.) & 
 J ROSENZWEIG (L.) 
 I No. 8 South Park. 
 
 I iS'ee Card in Appendix, page xvii. 
 
 R. S. Howell. 
 
 J. G. Krichbaum. 
 
 James W. Ryan. 
 
 S. P. McCalmont. 
 
 L. Botdorf. 
 
 D. Barclay. 
 ^ G. J. Benner. 
 ( DAVID WILLS. '54 
 
 C. J. Hinds. 
 B. E. Winger. 
 
 D. C. OGDEN. 
 
 E. P. Gillespie. 
 
 3,G0a 
 
 2,018 
 
 216 
 
 6,877 
 
 14,996 
 
 1,169 
 
 1.808 
 
 2,706 
 9,000 
 1,000 
 5,000 
 8,000 
 
 100 
 8,000 
 
 90O 
 1,300 
 8,346 
 
 241 
 1,040 
 1,480 
 2,070 
 
 504 
 5,110 
 2,068 
 
 80O 
 
 11,924 
 
 1,125 
 2,000 
 1,200 
 
 470 
 
 1,156 
 
 27,730 
 
 463 
 1,950 
 1,707 
 6,000 
 
 600 
 1,750 
 
 2,814 
 
 1,500 
 3,500 
 3,500 
 3,007
 
 PENNSYLVANIA. 
 
 683 
 
 PLACE. 
 
 Grove City 
 
 Harrisburg 
 
 Harrison Valley 
 
 Haitleton 
 
 Hawley 
 
 Hazleton 
 
 HoUidaysburg 
 
 Honesdale 
 
 Houtzilale 
 
 Hughesville 
 
 Ilulmeville 
 
 Huntingdon 
 
 Indiana 
 
 Irwin 
 
 .Jersey Shore 
 
 Johnstown 
 
 Kane 
 
 Kennett Square 
 
 Kittanning 
 
 Kratzersville 
 
 Knoxville 
 
 Kutztown 
 
 Lancaster 
 
 La Porte 
 
 Latrobe 
 Lawrenceville 
 
 Lebanon 
 
 Leechburg 
 
 Lehighton 
 
 Lewisburg 
 
 Lewistown 
 
 Linesville 
 
 Liverpool 
 
 Lock Haven 
 
 Lykens 
 
 McConnellsburg 
 
 3IcVeytown 
 
 Mahanoy City 
 
 Mansfield 
 
 Maitinsburg 
 
 Marr 
 
 Mauch Chunk 
 
 Meadville 
 
 Mechanicsbui'g 
 Media 
 
 Mercer 
 
 Middleburgh 
 
 COUNTY. 
 
 3Ieroer 
 
 Dauphin 
 
 Potter 
 
 Union 
 
 Wayne 
 
 Luzerne 
 
 Blair 
 
 Wayne 
 
 Clearfield 
 
 Lycoming 
 
 Bucks 
 
 Huntingdon 
 
 Indiana 
 
 Westmoreland 
 
 Lycoming 
 
 Cambria 
 
 McKean 
 
 Chester 
 
 Armstrong 
 
 Snyder 
 
 Tioga 
 
 Berks 
 
 Lancaster 
 
 Sullivan 
 
 AVestmoreland 
 
 Tioga 
 
 Lebanon 
 
 Armstrong 
 
 Carbon 
 
 Union 
 
 Mifflin 
 
 Crawford 
 
 Perry 
 
 Clinton 
 
 Dauphin 
 
 Fulton 
 
 3Iifflin 
 
 Schuvlkill 
 
 Tioga 
 
 Blair 
 
 Luzerne 
 
 Carbon 
 
 Crawford 
 
 Cumberland 
 Delaware 
 
 Mercer 
 
 Snyder 
 
 NAMES OF ATTORNEYS. POPL'LA'n. 
 
 F. .7. Young, 
 f FRANCIS .JORDAN, '4G, 
 J 210 Walnut Street. 
 
 1 .J. C. NISSLEY, '86, 
 [ 331 Market Street. 
 
 W. B. Brightman. 
 
 (See Lewisburg.) 
 
 M. M. Treadwell. 
 
 H. HALSEY. 'SL 
 
 M. A. YOUNG. 
 
 Elwin C. Mumford. 
 S W. Irwin Shaw. Ref. Houtz- 
 ( dale Bank. 
 
 W. E. Crawford. 
 
 M. H. Stout. 
 
 GEO. B. ORLADY, '7.3. 
 
 SAM. CUNNINGHAM, '70. 
 
 Silas ^IcCorniick. 
 
 H. H. Martin. 
 
 A. Ashton. 
 
 W. P. Weston. 
 
 Geo. B. Johnson. 
 S BUFFINGTON, '78 (JOS.) & 
 } BUFFINGTON, '81 (ORR) 
 
 (See Selins Grove.) 
 
 J. T. Gear. 
 
 J. H. Marx. 
 ( JUNIUS B. KAUFMAN. 
 I 149 E. King St. 
 
 E. P. Ingham. 
 
 J. G. Ogle. 
 
 W. Ryon. 
 i Josiah Funk. 
 (^ P. IT. Reinhard. 
 
 S. M. Crosby. 
 
 T. A. Snyder. 
 
 D. B. M. & G. B. M. Miller. 
 A. Reed. 
 
 .J. D. Bowman. 
 
 E. C. Lonu'. 
 ( Ryon, A. F., 
 
 \ BALL, SEYMOUR D. 
 I MYERS, JOHN B. 
 
 A. F. Thompson. 
 
 Alex. W. Scott. 
 
 J. 31. Woods. 
 
 T. H. B. Lyon. 
 
 Henry Allen. 
 
 S. B. Lysinger. 
 
 (See Pittston.) 
 
 Craig A; Loose. 
 
 Pearson Church, '58. 
 
 See Card in Aj>j/endiz,pa{/cx's.}X. 
 
 . * Harry C. Flood, '83. 
 
 [ See Card in Appendix, ]X!{/e xvii. 
 
 H. 11. Mercer. 
 
 J. T. Reynolds, 
 ^ t J. J. Alexander. 
 ( ]\Iiller & Gordon. 
 
 F. E. Bower. 
 
 30,:G2 
 
 400 
 340 
 2,083 
 6,226 
 3.150 
 3,620 
 
 2,060 
 
 1,500 
 376 
 4.177 
 3,907 
 8,000 
 2,000 
 8,380 
 600 
 1,650 
 
 3,000 
 
 120 
 
 500 
 
 1,200 
 
 25,767 
 
 500 
 3,813 
 1,000 
 
 8,778 
 
 2.014 
 2,700 
 3,080 
 3 222 
 l',110 
 838 
 
 7,000 
 
 2,154 
 610 
 679 
 7,181 
 2,000 
 1,267 
 
 5,000 
 
 3,860 
 
 3,019 
 1,919 
 
 2,700 
 
 700
 
 684 
 
 PENNSYLVANIA. 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. POPULA'n. 
 
 Mifflinburgh 
 
 Union 
 
 H. P. Glover. 
 
 1,168 
 
 Mifflintown 
 
 Juniata 
 
 5 JEREMIAH LYONS, '63, 
 f Ref. Juniata Valley Bank. 
 
 2,400 
 
 MUford 
 
 Pike 
 
 H. T. Baker. 
 
 1,016 
 
 Millersburg 
 
 Dauphin 
 
 S. S. Bowman. 
 
 1,440 
 
 Millertou 
 
 Tioga 
 
 S. E. Kirkemlall. 
 
 308 
 
 Milton 
 
 Northumberland 
 
 W. C. Lawson. 
 
 5,102 
 
 Minersville 
 
 [Schuylkill 
 
 D. A. Jones. 
 
 3,249 
 
 3Iouongaliela 
 
 Washington 
 
 Thos. H. Baird. 
 
 4,000 
 
 Montaudon 
 
 Northumberland 
 
 R. M. Cummings. 
 
 574 
 
 Montrose 
 
 Susquehanna 
 
 FREEMAN I. LOTT. '75. 
 
 1,722 
 
 Mt. Carmel 
 
 Northumberland 
 
 V. Auten. 
 
 5,000 
 
 Mt. Pleasant 
 
 Westmoreland 
 
 S. C. Kelly. 
 
 2,500 
 
 Mt. Union 
 
 Huntingdon 
 
 J. B. Devor. 
 
 946 
 
 Muncy 
 
 Lycoming 
 
 Henry Johnson. 
 
 1,174 
 
 Myersburg 
 
 Bradford 
 
 T. E. Myer. 
 
 — 
 
 Myerstown 
 
 Lebanon 
 
 Geo. Goekley. 
 
 2,000 
 
 Nanticoke 
 
 Luzerne 
 
 JOHN M. GARMAN, '84. 
 
 3,884 
 
 New Berlin 
 
 Union 
 
 M. L. Schoch. 
 
 705 
 
 New Bloomfield 
 
 Perry 
 
 W. A. Sponsler. 
 
 900 
 
 New Brighton 
 
 Beaver 
 
 G. L. Eberhart. 
 
 5,000 
 
 New Castle 
 
 Lawrence 
 
 W. H. FaUs, '78. 
 
 8;418 
 
 New Columbia 
 
 Union 
 
 (See Lewisburg.) 
 
 219 
 
 New Era 
 
 Bradford 
 
 W. H. Thompson. 
 
 100 
 
 Newtown 
 
 Bucks 
 
 Geo. A. Jenks. 
 
 1,800 
 
 Newville 
 
 Cumberland 
 
 Robert McCachron. 
 C CHILDS. LOUIS M., '76. 
 
 1,547 
 
 Norristown 
 
 Montgomery 
 
 { Evans, Montgomery, '78. 
 ( Gotwalts, Jacob V., '67. 
 
 13,063 
 
 North East 
 
 Erie 
 
 Chas. W. Hitchcock. 
 
 3.396 
 
 Northumberland 
 
 Northumberland 
 
 J. H. Vincent. 
 
 3,000 
 
 Oil City 
 
 Venango 
 
 Ash & Carey. 
 
 10,017 
 
 Overton 
 
 Bradford 
 
 J. G. Williams. 
 
 118 
 
 Oxford 
 
 Chester 
 
 THEO. K. STUBBS. '75 
 
 1,502 
 
 Parker 
 
 Armstrong 
 
 -John SmuUin. 
 
 3,524 
 
 Penlyn 
 
 Columbia 
 
 J. B. Robinson. 
 
 100 
 
 Penn's Creek 
 
 Snyder 
 
 (See Middleburg.) 
 
 — 
 
 PerryoiJolis 
 
 Fayette "^ 
 
 John Fuller. 
 
 231 
 
 Petrolia 
 
 Butler 
 
 J. H. Lewis. 
 
 1,186 
 
 Philadelphia. Philadelphia County. Population 846,984 
 
 Bremer, Chas. Jr., 40 South Third Street. 
 
 * Bucher, Fra^is E., '83, 36 South Thifd Street. 
 
 ^^^ See Card in Appendix, page xix. 
 
 *Buzhy, Shallcross & Pyle, 627 Walnut Street and 21 
 Park Row, New York. 
 Buzby, Duncan L. 
 Shallcross, John 
 Pyle, Robert L. 
 
 See Card in Appendix, page xix. 
 
 CLARK, J. S., 35 South Third Street. 
 
 * Colesberry, Alex. P., '68, 58 South Third St. 
 Shattuck, Frank R., '85, 58 South Third Street. 
 
 See Card in Appendix, page xix. 
 
 * Cloud, Edward H., S. E. Cor. 6th & Walnut Streets. 
 
 See Card in Appendix, page xx. 
 
 Daly, Eugene S,, '77 209 Sout^ Fifth Street.
 
 PENNSYLVANIA. 
 
 685 
 
 PHILADELPHIA— Contmued. 
 
 Douglass, J. Walter, 914 Walnut Street. 
 
 Hee Card in Appendix, page xix. 
 
 FAHY, THOMAS A., 130 South Sixth Street. 
 
 Howson & Howson, 119 South Fourth Street. 
 Howson, Chas. 
 Howson, Henry 
 Howson, Hurbert 
 
 /See Card in Appendix, page xxx. 
 
 *Halbacll, J. F., 114 South Third Street. 
 
 Keator, J. F., '79 241 South Fifth Street. 
 
 See Card in Appendix, page xxi. 
 
 * Lukens, Wm. H. R., 716 Walnut Street. 
 MacBRIDE, AGNEW, 330 South Fourth Street. 
 McDevitt, Henry C, 209 South Fifth Street. 
 PETTIT, HORACE, '82, 518 Walnut Street. 
 Richardson, C. B. D., 221 South Fifth Street. 
 
 * SATTERTHWAITE, BENJ. C, '71, 242 S. Fifth St. 
 
 * SCOTT, HENRY J., '78, 217 South Sixth Street. 
 SNOW, CHURCH & CO., 435 Chestnut Street. 
 Stockwell, Adelbert E., '85, 708 Walnut Street. 
 TENER, KINLEY J., 20 North Seventh Street. 
 
 Uhle, John Bethell, 212 South Third Street. 
 
 See Card in Appendix, page xxii. 
 
 WAGNER, AY. L. & GEO. M., '75, 311 North Sixth S\. 
 
 * McDEVITT, HENRY C, 209 South Fifth Street. 
 
 Showers, D. H., & Co., N. E. Cor. Fifth & Walnut Sts. 
 iS'ee Card opposite page i. of Appendix. 
 
 X Showers, Wm. L., N. E. Cor. Fifth & Walnut Sts. 
 
 Pittsburgh. Allegheny County. 
 BLAKELEY A. & A. M. 
 Blakeley, A., '52. 
 Blakeley, A. M., '85. 
 
 Population 150,381 
 
 CROWN, JOSEPH, '77, 435 Grant Street. 
 CURRAN. W. J., 132 Fifth Avenue. 
 McElroy, M. Wm., '78, 435 Grant Street, 
 t Schell, Jr., W. P., 157 Fourth Avenue. 
 
 PLACE. 
 
 COUNTY. 
 
 Pittston 
 
 Phillipsburgh 
 
 Phoenixville 
 
 Pleasantville 
 
 Port Allegheny 
 
 Pottstown 
 
 Luzenie 
 
 Centre 
 
 Chester 
 
 Venango 
 
 McKean 
 
 Montgomery 
 
 Pottsville 
 
 Schuylkill 
 
 Punxsutawney 
 Quakertown 
 
 Jefterson 
 Bucks 
 
 Reading 
 
 Berks 
 
 Renovo • 
 
 Clinton 
 
 NAMES OF ATTORNEYS. POPULA'N 
 
 WM. J. HUGHES, '80. — 
 
 J. M. Hale. 3,000 
 
 H. P. Waitneight. 6,681 
 
 W. C. Benedict. 1,200 
 
 Hamlin & Son. 1,000 
 
 M. D. Evans. 9,000 
 
 ^ * Christopher Little, '57. ^ o 9,-0 
 
 \ W. F. Shepherd, '67. ^'^^'^'"'^ 
 
 Winslow & Caldenwood. 1,674 
 
 W. E. Schock. 2,000 
 fGEO. M. ERMENTROUT, 
 14 N. Fourth Street. 
 
 ADAM B. RIE^5ER, '82. 43,280 
 526 Washington Street. 
 Ref. J. G. Leiubach & Co. 
 
 J. H. Ferguson. 3,708
 
 €86 
 
 PENNSYLVANIA. 
 
 PLACE. 
 
 COUNTY. 
 
 
 NAMES OF ATTORNEYS. 
 
 popula'n. 
 
 Reyiioldsville 
 
 Jefferson 
 
 
 C. Mitchell. 
 
 
 
 
 Bidgeway 
 
 Elk 
 
 
 C. B. EARLEY. '82. 
 
 
 1,500 
 
 Riverside 
 
 Northumberland 
 
 H. M. Hickley. 
 
 
 1,300 
 
 Roaring Spring 
 
 Blair 
 
 
 G. H. Spang. 
 
 
 489 
 
 St. Mary's 
 
 Elk 
 
 
 H. A. HALL, '80. 
 
 
 1,501 
 
 Saltsburg 
 
 Indiana 
 
 
 W. T. Cline. 
 
 
 1,600 
 
 Sandy Lake 
 
 Mercer 
 
 
 W. W. Moore. 
 
 
 1,000 
 
 ■Schaefferstown 
 
 Lebanon 
 
 
 A. Brendle. 
 
 
 900 
 
 Scranton. 
 
 Lackawana 
 
 County. Population 45,850 
 
 
 JEawley, Chas. L., 403 Lackawana Avenue. 
 
 See Card in Appendix, page xxii. 
 
 Jones, John E., '78. 
 
 Patterson, R. H., '85, No. 6 Coal Ex. Building. Studied 
 law at the University of Penna. Philadelphia, in 1884 
 and 1885. Ref. Schlager, Patterson & Co. 
 
 SANDO, M. F., 311 Spruce Street. 
 
 Schuylkill Haven 
 
 Schujdkill 
 
 G. H. Gerher. 
 
 3,052 
 
 Selins Grove 
 
 Snyder 
 
 A. C. Simpson. 
 
 1,500 
 
 Shamokin 
 
 Northumberland 
 
 Wm. W. Ryon. 
 
 12,000 
 
 Sharon 
 
 Mercer 
 
 ( f Wm. C. Haus. 
 I Tanner & Shilling. 
 
 8,000 
 
 Shenandoah 
 
 Schuylkill 
 
 J. H. Pomery. 
 
 10,148 
 
 Shinglehouse 
 
 Potter 
 
 F. N. Newton. 
 
 300 
 
 Shippensburgh 
 
 Cumberland 
 
 E. J. McCune. 
 
 2,500 
 
 Shrewsbury 
 
 York 
 
 B. F. Koller. 
 
 600 
 
 Slatington 
 
 Lehigh 
 
 David D. Roper. 
 
 1,635 
 
 Smethport 
 
 McKean 
 
 Hamlin & Son. 
 
 1,000 
 
 Somerset 
 
 Somerset 
 
 W. H. Koontz. 
 
 1,197 
 
 Stroudsburg 
 
 Monroe 
 
 L. M. Burson. 
 
 1,860 
 
 South Bethlehem 
 
 Northampton 
 
 {See Bethlehem). 
 
 — 
 
 Sunbury 
 
 Northumberland 
 
 ( ANDREW N. BRICE, '71. 
 > S. B. BOYER, '58. 
 
 4,007 
 
 Susquehanna 
 
 Susquehanna 
 
 EUGENE O'NEILL, '75. 
 
 3,467 
 
 Tamaqua 
 
 Schuylkill 
 
 H. B. Graiff. 
 
 5,730 
 
 Tioga 
 
 Tioga 
 
 N. H. Rvan. 
 
 700 
 
 Tionesta 
 
 Forest 
 
 EPHRAIM L. DAVIS, '73- 
 
 560 
 
 Titusville 
 
 Crawford 
 
 Sherman & Grumble. 
 
 9,460 
 
 Towanda 
 
 Bradford 
 
 J. ANDREW WILT, '75. 
 
 3,814 
 
 Troy 
 
 Bradford 
 
 A. C. FANNING. '74. 
 
 1,241 
 
 Tunkhannock 
 
 Wyoming 
 
 ( BRADLEY W. LEWIS. 
 I JAMES W. PIATT, '71. 
 
 1,110 
 
 Turbottville 
 
 Nothumberland 
 
 E. H. Painter. 
 
 800 
 
 Tyrone 
 
 Blair 
 
 W. L. HICKS, '82. 
 
 3,687 
 
 Ulysses 
 
 Potter 
 
 Lewis & Collins. 
 
 600 
 
 Union City 
 
 Erie 
 
 J. W. Sproul. 
 
 4,000 
 
 TJniontown 
 
 Fayette 
 
 A. A. Howell. 
 
 4,000 
 
 Warren 
 
 Warren 
 
 SAMUEL T. NEILL. 
 
 3,800 
 
 Washington 
 
 Washington 
 
 A. W. & M. C. Acheson. 
 
 6,000 
 
 Waterford 
 
 Erie 
 
 Wm. Benson. 
 
 2,500 
 
 Watsontown 
 
 Northumberland 
 
 A. J. Guffy. 
 
 4,000 
 
 Waymart 
 
 Wayne 
 
 L. G. Dunock. 
 
 567 
 
 Wajmesburg 
 
 Greene 
 
 C. A. Black. 
 
 3,000 
 
 Wellsborough 
 
 Tioga 
 
 J. B. Niles. 
 
 2,228 
 
 Well's Tannery 
 
 Fulton 
 
 J. C. Alexander. 
 
 100
 
 PENNSYLVANIA. 
 
 687 
 
 PLACE. 
 
 COUNTY, 
 
 West Chester 
 
 Chester 
 
 West Grove 
 Westfield 
 .West Milton 
 
 Chester 
 
 Tioga 
 
 Union 
 
 Wilkesbarre 
 
 LUZEKI 
 
 NAMES OF 'ATTORNEYS. POPILA N. 
 
 FAIRLAMB, II. T., '77. 
 
 Hayes, Wm. M. 7,04G 
 
 See Card in Appendix, page xxii. 
 
 {See Kennett Square.) 800 
 
 D. W. Baldwin. 806 
 
 {See Leioisburg.) — 
 
 UNTY. Population 23,339 
 
 Moore, Joseph 10 N. Franklin Street. 
 
 See Card in Appendix, page xxii. 
 
 O'Neill, D. L., '64, lOG Public Square. 
 
 See Card in Appendix, page xxiil. 
 
 Umsted, T. C, '80, 9 South Franklin Street. 
 
 See CAird in Aju^endix, jiagel^xiii. 
 
 t Lewis, T. 11. B. 
 
 Williamsport 
 
 Winfield 
 
 Womelsdorf 
 
 York 
 
 Lycoming 
 
 Union 
 Berks 
 York 
 
 , W. M. STEPHENS, 
 J 35 W. Fourth St. 
 
 I W. E. RITTER, 
 i. 3rd and Pine Sts. 
 
 {See Lewisburg.) 
 
 John M. Smith. 
 
 18,934 
 
 150 
 1,200 
 
 GEORGE W. HEIGES, '67. 13,940
 
 PENNSYLVANIA. 
 
 BANKS IN PENNSYLVANIA. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital ol one 
 bank in each county of this state in which such a banking institution is located. 
 
 Allegheny City 
 
 Allentowu 
 
 Altooiia 
 
 Ambler 
 
 Aiinville 
 
 Apollo 
 
 Ashland 
 
 Ashley 
 
 Athens 
 
 Bangor 
 
 Beaver 
 
 Beaver Falls 
 
 Bedford 
 
 Belle fonte 
 
 Berwick 
 
 Bethlehem 
 
 Blairsville 
 
 Bloomsburg 
 
 Boyertown 
 
 Braddock 
 
 Bradford 
 
 Bristol 
 
 Brookville 
 
 Brownsville 
 
 Burgettstown 
 
 Butler 
 
 Cannonsburg 
 
 Canton 
 
 Carbondale 
 
 Carlisle 
 
 Catasauqua 
 
 Catawissa 
 
 Chambersburg 
 
 Chester 
 
 Christiana 
 
 Clarion 
 
 Clearfield 
 
 Coatsville 
 
 Columbia 
 
 Conneautville 
 
 Connellsville 
 
 Conshohocken 
 
 Corry 
 
 NAME OF BANK. 
 
 First National Bank 
 Allentowu National Bank 
 First National Bank 
 
 Annville National Bank 
 Apollo Savings Bank 
 Citizens' National Bank 
 Ashley Savings Bank 
 First National Bank 
 
 Beaver Deposit Bank 
 Economy Sav'gs Institution 
 First National Bank 
 
 Nat Bank of Boyertown 
 Braddock National Bank 
 First National Bank 
 Farmers' Nat Bk Bucks Co 
 Jefferson County Nat Bank 
 Monongahela Nat Bank 
 Burgettstown Nat Bank 
 Butler Savings Bank 
 Cannonsburg Bank 
 First National Bank 
 
 (( (( K 
 
 Carlisle Deposit Bank 
 Nat Bank of Catasauqua 
 Catawissa Deposit Bank 
 Nat Bank of Chambersburg 
 Delaware County Nat Bank 
 Nat Bank of Christiana 
 First National Bank 
 
 Nat Bank of Chester Valley 
 Columbia National Bank 
 First National Bank 
 
 CASHIER. 
 
 Edward R. Kramer. 
 C. M. W. Keck. 
 John Lloyd. 
 John J. Houghton. 
 Geo. W. Stine. 
 S. M. Nelson. 
 Geo. H. Helfrich. 
 W. B. Mitchell. 
 C. T. Hull. 
 Alfred M. Paff. 
 Eben Allison. 
 John Reeves. 
 L. B. Doty. 
 J. P. Harris. 
 S. C. Jayne. 
 C. E. Breder. 
 T. D. Cunningham. 
 Joseph P. Tustin. 
 M. A. Mory. 
 John G. Kelly. 
 W. H. Bell. 
 Chas. E. Scott. 
 Geo. T. Rodgers. 
 B. M. Marlin. 
 J. L. Patterson. 
 Wm. Campbell, Jr. 
 H. Bennett. 
 Geo. A. Guernsey. 
 James Stott. 
 
 A. Keller. 
 M. H. Horn. 
 G. M. Tustin. 
 John S. Mcllvaine. 
 
 B. T. Hall. 
 
 I. W. Slokom. 
 G. W. Arnold. 
 Wm. H. Dill. 
 John W. Thompson. 
 Simon C. May. 
 F. R. Nichols. 
 J. S. McCaleb. 
 Wm. McDennott. 
 F. E. Mulkie. 
 
 PAID rp 
 
 CAPITAL. 
 
 $350,000 
 
 500,000 
 
 150,000 
 
 55,000 
 
 75,000 
 
 18,000 
 
 60,000 
 
 17,100 
 
 100,000 
 
 90,000 
 
 23,000 
 
 450,000 
 
 50,000 
 
 100,000 
 
 75,000 
 
 300,000 
 
 80,000 
 
 50,000 
 
 100,000 
 
 100,000 
 
 100,000 
 
 92,230 
 
 50,000 
 
 50,000 
 
 80.000 
 
 60,000 
 
 0,000 
 
 50,000 
 
 110,000 
 
 100,000 
 
 500,000 
 
 50,000 
 
 260,000 
 
 300,000 
 
 50,000 
 
 100,000 
 
 100,000 
 
 300.000 
 
 500,000 
 
 50,000 
 
 50,000 
 
 150.000 
 
 ioo;ooo
 
 PENNSYLVANIA. 
 
 689 
 
 PLACE. NAME OF BANK. 
 
 Coiidersport Bank of Condersport 
 
 Curwensville Curwensville Bank 
 
 Danville Danville National Bank 
 
 Dillsburjf Dillsburg National Bank 
 
 Downington Downington National Bank 
 
 Doylestown Doylestown National Bank 
 
 Du Bois First National Bank 
 
 Duke Centre Duke Centre Bank 
 East Greenville Perkionien National Bank 
 
 Easton East National Bank 
 
 Ebensburg Johnston, Buck & Co 
 
 Edinboro'. Edinboro' Savings Bank 
 
 Eldred Eldred Bank 
 
 Elizabethtown Elizabethtown Nat Bank 
 
 Emlenton Bank 
 First National Bank 
 Ephrata National Bank 
 Second National Bank 
 Foxburg Bank 
 First National Bank 
 P. Bentel «fe Co 
 Freeport Bank 
 Gap National Bank 
 First National ]iank 
 
 Emlenton 
 
 Emporium 
 
 Ephrata 
 
 Erie 
 
 Foxburg 
 
 Franklin 
 
 Freedom 
 
 Freefort 
 
 Gap 
 
 Gettysburj. 
 
 Glen Rock 
 
 Greencastle " " " 
 
 Greensburg " " " 
 
 Greenville " " " 
 
 Halifax Halifax Bank 
 
 Hamburg Hamburg Savings Bank 
 
 Hanover First National Bank 
 
 Harrisburg Harrisburg National Bank 
 
 Harrison Valley Wilmot, Strang <fc Co 
 
 Hatboro Hatboro National Bank 
 
 Hazleton Markle Bros. & Co 
 
 Holidaysbuig First National Bank 
 
 Honesdale Honesdale National Bank 
 
 Hummelstown Hummeltown Nat Bank 
 
 Huntingdon First National Bank 
 
 Indiana " " " 
 
 .lenkintown Jenkintown National Bank 
 
 Jersey Shore Jersey Shore Banking Co 
 
 Johnstown First National Bank 
 
 Jonestown Jonestown Bank 
 
 Kennet Square Nat B'k of Kennet Square 
 
 Kittaning Farmers' National Bank 
 
 Lancaster " " " 
 
 Langhorne Peoples' National Bank 
 
 Lansdale First National Bank 
 
 Lebanon Lebanon National Bank 
 
 Lehighton Fiist National Bank 
 
 Lewisburg Lewisburg National Bank 
 
 Lewistown Mifflin County Nat Bank 
 
 Lincoln Lincoln National Bank 
 
 Linesville Lincsville Savings Bank 
 
 Lititz Lititz National Bank 
 
 Littlestown liittlestown Sav'gs Institu'n 
 
 Lock Haven First National Bank 
 
 CASHIER. 
 
 W. K. .Tones. 
 A. E. Patton. 
 David Clark. 
 (t. W. Cook. 
 Joseph K. Downing. 
 J. J. Brock, 
 31. W. Wise. 
 W. I). Singleton. 
 John N. Jacobs. 
 Wm. Hackett, Jr. 
 
 A. W. Buck. 
 F. A. Temple. 
 P. O. Heasley. 
 
 I. S. Longenecker. 
 J. W. Rowland. 
 Samuel H. Storrs. 
 M. li. Weidman. 
 C. F. Allis. 
 Major R. Morgan. 
 
 F. W. Officer. 
 C. H. Bentel. 
 
 C. M. Ludwick.' 
 
 B. M. Herr. 
 R. Bell. 
 Henry Seitz. 
 John H. Shook. 
 John Zimmerman. 
 Calvin R. Beatty. 
 Chas. W. Ryan. 
 J. J. Miller. 
 
 J. H. Alleman. 
 J. Uhler. 
 
 James Van Honi. 
 N. C. Yost. 
 Wm. H. Gardner. 
 E. F. Torrey. 
 John J. Nissley. 
 S. R. Shunmaker. 
 W. J. Mitchell. 
 Andrew H. Baker. 
 Robert A. Sebring. 
 Howard J. Roberts. 
 H. C. Philips. 
 
 D. D. Philips. 
 
 Geo. AV. Doverspike. 
 
 C. A. Fon Dersmith. 
 
 G. Mitchell. 
 Chas. S. Jenkins. 
 Jas. M. Go.ssler. 
 W. TV. Bowman. 
 David Reber. 
 David E. Robeson. 
 
 E. F. Baird. 
 S. ir. Wilson. 
 N. S. Wolle. 
 
 James A. LeFevrc. 
 M. Fredericks. 
 
 PAID CP 
 CAPITAL. 
 
 10,000 
 
 100,000 
 200,000 
 
 (50,000 
 100,000 
 105,000 
 
 50,000 
 
 50,000 
 100,000 
 500.000 
 
 :50,000 
 
 5,000 
 
 100,000 
 
 100,000 
 
 25,000 
 
 50,000 
 125,000 
 300.000 
 100,000 
 100,000 
 
 25,000 
 
 46,000 
 
 50,000 
 100,000 
 
 75,000 
 100,000 
 100,000 
 125,000 
 
 27,900 
 
 50,000 
 300,000 
 300,000 
 
 20,000 
 
 52,000 
 100,000 
 
 50,000 
 300,000 
 
 50,000 
 100,000 
 200,000 
 100,000 
 
 00,000 
 100,000 
 
 50,000 
 100,000 
 100,000 
 450,000 
 
 50,000 
 100,000 
 200,000 
 
 75,000 
 100,000 
 100,000 
 
 60,000 
 
 50,000 
 105,000 
 
 50,000 
 180.000
 
 690 
 
 PENNSYLVANIA. 
 
 PLACE. 
 
 Lykens 
 
 Mahanoy City 
 
 Malveni 
 
 Manheim 
 
 Marietta 
 
 Martinsburg 
 
 Maucli Chunk 
 
 McKeesport " " " 
 
 Meadville Merchants' National Bank 
 
 Mechanicsburg First National Bank 
 
 Media " " " 
 
 Mercer 
 
 Myersdale 
 
 Middletown 
 
 Mifflinburg 
 
 Mifflintown 
 
 Millersburg 
 
 Mills 
 
 Milton 
 
 Minersville " " " 
 
 Monongaliela City Alexander & Co 
 First National Bank 
 Mt. Carniel Savings Bank 
 First National Bank 
 
 ^ NAME OF BANK. 
 
 Miners' Deposit Bank 
 First National Bank 
 National Bank of Malvern 
 Manheim National Bank 
 First National Bank 
 Martinsburg Deposit Bank 
 First National Bank 
 
 Farmers' Bank 
 Nat Bank of Middletown 
 Miffliubui-g Bank 
 Juniata Valley Bank 
 First National Bank 
 Potter County Bank 
 First National Bank 
 
 Montrose 
 
 Mt Carmel 
 
 Mt Joy 
 
 Mt Pleasant " " " 
 
 Muncy 
 
 Myerstown Myerstown Bank 
 
 New Betlilehem New Bethlehem Sav Bk 
 
 New Brighton Nat Bank of New Brighton C. M, Merrick. 
 
 New Castle First National Bank Roy S. Foltz. 
 
 New Holland Nat Bank 
 
 People's Bank 
 
 First National Bank 
 
 CASHIER. 
 
 F. H. Voss. 
 Wm. L. Yoder. 
 Chas. C. Highley. 
 H. C. Gingrich. 
 Amos Bowman. 
 W. S. Nicodemus. 
 A. W. Butler. 
 Jas. S. Kuhn. 
 Jas. E. McFarland. 
 A. C. Brindle. 
 J. W. Hawley. 
 Chas. S. Burwell. 
 S. D. Livengood. 
 D. W. Stehman. 
 J. W. Lincoln. 
 T. y. Irwin. 
 J. H. Kahler. 
 O. W. Strang. 
 John M. Caldwell. 
 Robt. F. Potter. 
 
 D. 11. Lathrop. 
 Wm. Scliwenk, 
 Andrew Gerber. 
 Henry Jordan. 
 De La Green. 
 Geo. H. Horst. 
 J. R. Foster. 
 
 New Holland 
 Newport 
 Newton 
 Newville 
 Norristown 
 North East 
 Oil City 
 Oxford 
 
 Jas. Diller. 
 P. K. Brandt. 
 Samuel C. Case. 
 " " " J. B. Davidson. 
 
 " Geo. Shannon. 
 
 Peoples' Sav. Ins. of Erie Co B. C. Spooner. 
 First National Bank J. M. Beriy. 
 
 National Bank of Oxford J. E. Ramsey. 
 
 Parker's Land'g Exchange Bank 
 
 Parkersburg 
 
 Parnassus 
 
 Pennsburg 
 
 Philipsburg 
 
 Phoenixville 
 
 Philadelphia 
 
 Pittsburgh 
 
 Pittston 
 
 Pleasantville 
 
 Plymouth 
 
 Port Royal 
 
 Pottstown 
 
 Pottsville 
 
 Parkersburg National Bk 
 
 Parnassus Bank 
 
 Farmer's National Bank 
 
 Philipsburgh Banking Co 
 
 Farmers' & Mechanics' Nat B'k J. T. F. Hunter. 
 
 Nat Bank of the Republic Joseph P. Mumford, 
 
 R. M. Moore, 
 M. F. Hamil. 
 Alex. W. Logan. 
 B. F. Leidy. 
 O. P. Jones. 
 
 Exchange National Bank 
 First National Bank 
 Pleasantville Bank 
 First National Bank 
 Port Royal Branch Bank 
 Nat Bank of Pottstown 
 Penna National Bank 
 
 Punxsutawnoy First National Bank 
 
 Andrew Long. 
 W. L. Watson. 
 D. W. Henderson. 
 J. W. Chemberlin. 
 Wm. C. Pomeroy. 
 Horace Evans. 
 D. L. Kreabs. 
 Jas. H. Maize. 
 
 Quakertown Quakertown National Bank Chas. C. Ilaring, .Jr. 
 
 Quarryville Quarryville National Bank A. S. Harkness. 
 
 Reading Farmers' National Bank 
 
 Reynoldsville Seeley & Alexander 
 
 Ridgway Elk County Bank 
 
 Rochester First National Bank 
 
 Cyrus Rick. 
 
 W. B. Alexander. 
 
 M. S. Kline. 
 
 W. S. Shallenberger. 
 
 PAID UP 
 CAPITAL. 
 
 50,000 
 
 80,000 
 
 50,000 
 
 150,000 
 
 100,000 
 
 25,000 
 
 400,000 
 
 67,000 
 
 100,000 
 
 100,000 
 
 100,000 
 
 120,000 
 
 35,000 
 
 100,000 
 
 64,000 
 
 41,500 
 
 100,000 
 
 10,000 
 
 100,000 
 
 50,000 
 
 150,000 
 
 50,000 
 
 30,000 
 
 125,000 
 
 150,000 
 
 100,000 
 
 50.000 
 
 75,000 
 
 100,000 
 
 150,000 
 
 125,000 
 
 15,000 
 
 100,000 
 
 100,000 
 
 150,000 
 
 76,385 
 
 100,000 
 
 125,000 
 
 12,000 
 
 50,000 
 
 10,000 
 
 75,100 
 
 75,000 
 
 , 150,000 
 
 500,000 
 
 1,200,000 
 
 500,000 
 
 25,000 
 
 100,000 
 
 41,500 
 
 300,000 
 
 200,000 
 
 50,000 
 
 100,000 
 
 60,000 
 
 400,020 
 
 10,000 
 
 50,000 
 
 50.000 
 
 J
 
 PENNSYLVANIA. 
 
 691 
 
 FLACE. 
 
 Saltsburg 
 
 Sandy Lake 
 
 Schwenksville 
 
 Scranton 
 
 Selins Grove 
 
 Sellersville 
 
 Shamokin 
 
 Sharon 
 
 Sharpsburg 
 
 Shenandoah 
 
 Shippensburg- 
 
 Shrewsbury 
 
 Slatington 
 
 Souderton 
 
 Spring City 
 
 Strasburg 
 
 Stroudsburg 
 
 Sunbury 
 
 Susquehanna 
 
 Taniaqua 
 
 Tidioute 
 
 Titusville 
 
 Topton 
 
 Towanda 
 
 Troy 
 
 Tuukhannock 
 
 Tyrone 
 
 Uniontown 
 
 Warren 
 
 Washington 
 
 Waterford 
 
 AVatsoutown 
 
 Waynesboro 
 
 Waynesburg 
 
 Wellsborough 
 
 West Chester 
 
 West Grove 
 
 White Haven 
 
 Wilcox 
 
 Wilkes-Barre 
 
 Williamsburg 
 
 Williamsport 
 
 AVrightville 
 
 York 
 
 Youngsville 
 
 Zelienople 
 
 NAMK OF BANK. 
 
 Saltsburg Bank 
 Sandy Lake Bank 
 Nat Bk of Schwenksville 
 First National Bank 
 
 Sellersville Nat Bank 
 First National Bank 
 Sharon National Bank 
 Farmers' & ^Mechanics" Bk 
 First National Bank 
 
 Shrewsbury Sav Inst'n 
 Nat Bank of Slatington 
 Union National Bank 
 Nat Bk of Spring City 
 Fii-st National Bank 
 Strt)udsburg Nat Bank 
 First National Bank 
 
 Tidioute Savings Bank 
 Hyde National Bank 
 Topton National Bank 
 Citizens' National Bank 
 Pomeroy Bros 
 Wyoming National Bank 
 Blair County Banking Co 
 First National Bank 
 
 Benson & Brotherton 
 Watsontown Nat Bank 
 First National Bank 
 Farmers' & Drovers' Bk 
 First National Bank 
 
 Nat Bank of West Grove 
 White Haven Sav'gs Bk 
 J L Brown 
 
 Second National Bank 
 Williamsburg Bank 
 First National Bank 
 
 (. a a 
 
 York 
 
 Youngsville Savings Bank 
 
 Amos Lusk & Sou 
 
 
 PAID UP 
 
 CASHIER. 
 
 CAPITAL. 
 
 D. S. Robinson. 
 
 50,000 
 
 M. L. Zahniser. 
 
 43,000 
 
 John (t. Prizer. 
 
 100,000 
 
 J. A. Linen. 
 
 200,000 
 
 C. B. North. 
 
 100,000 
 
 Chas. R. Altiiouse. 
 
 75,000 
 
 Geo. C. Graeber. 
 
 100,000 
 
 M. Zahniser. 
 
 200,000 
 
 Robt. :\r. Coyle. 
 
 50,000 
 
 John R. Leiseuring. 
 
 100,000 
 
 J. D. Gessaman. 
 
 75,000 
 
 A. D. Collins. 
 
 15,000 
 
 AVra. H. Gish. 
 
 75,000 
 
 J. C. Landis. 
 
 90.000 
 
 John T. Eachcs. 
 
 200,000 
 
 Geo. W. Hensel, Jr. 
 
 80,000 
 
 John S. Fisher. 
 
 100.000 
 
 S. J. Packer. 
 
 200.000 
 
 M. B. Wright. 
 
 100,000 
 
 Thomas IL Carter. 
 
 150,000 
 
 A. W. Couse. 
 
 24.000 
 
 W. C. Hyde. 
 
 500,000 
 
 James M. Slifer. 
 
 50.000 
 
 George W. Buck. 
 
 150,000 
 
 S. B. Aspinwall. 
 
 150,000 
 
 F. W. De Witt. 
 
 100.000 
 
 Robert A. McCoy. 
 
 60,000 
 
 J. V. Thompson. 
 
 100,000 
 
 ]M. Beecher. 
 
 100,000 
 
 James Mcllvaine. 
 
 150,000 
 
 P. M. Carhart. 
 
 14,000 
 
 G. W. Rombach. 
 
 60,000 
 
 •John Phillips. 
 
 75,000 
 
 W. T. Lautz. 
 
 150,000. 
 
 J. M. Robinson. 
 
 100,000 
 
 
 200.000 
 
 Walter W. Brown. 
 
 50,000 
 
 S. Maguirc. 
 
 12,500 
 
 
 10,000 
 
 E. W. Mulligan. 
 
 450,000 
 
 John Clark. ' 
 
 27,000 
 
 W. H. Sloan. 
 
 284,950 
 
 Geo. K. Schenberger. 
 
 150,000. 
 
 George H. Sprigg. 
 
 500,000 
 
 John i\.. Jackson. 
 
 20.000. 
 
 
 20.000
 
 STATE OF 
 
 RHODB ISLAND. 
 
 SUMMARY OF 
 
 CoLivKCTioN Laws. 
 
 CouKT Calendar, Instkuctions for taking Depositions, Legal Forms, Ktc, 
 
 Expressly Prepared and Revised to Nov. 1st, 1887, for " Showers' 
 
 Legal Directory and Merchants' Guide," for 1888. by 
 
 Harrison A. McKenney, of the Providence Bab. 
 
 Acknowledgments.— (-See Deeds.) 
 
 Actions. — Where brought. Actions at law or in equity which concerm 
 realty must be brought in the county in which the land lies. Other actions- 
 must be brought in the county where some one of the parties, either 
 plaintiff or defendant resides, or where one of the defendants is found. If 
 none of the parties dwell in the state the action may be brought in any 
 county 
 
 A corporation is located either by its charter or where its annual meetings- 
 are held. 
 
 Actions on promissory notes by indorsee must be brought in the county 
 where action should have been brought if no indorsement had been made. 
 
 What survive. — Actions and causes of actions of waste, of replevin, of 
 trover, of trespass, and trespass on the case, for damages to the person or to- 
 real or personal estate survive the death of the parties in addition to those 
 which survive at common law. Actions of ejectment are not abated by tho- 
 death of a party. 
 
 The executor or administrator, whether appointed within or without the 
 state, may sue for benefit of widow and next of kin, but where there is a 
 widow only she may at her option sue in her own name. A like action in 
 like manner and eftect lies also for the benefit of the widow or husband and 
 next of kin of deceased against a person in all cases where death is the re- 
 sult of such wrongful act of such person as would have given a cause of 
 action at common law. 
 
 Any one injured by the intoxication of another has a right of action 
 against any person who has contributed to the intoxication by selling or 
 giving intoxicating liquor, without being required to give surety for costs.. 
 (See also Practice, Limitation of actions, JReplevin, and Fraud, Statute of. ) 
 
 Administration of Estates of Deceased Persons.— The courts.— Except 
 in those towns which choose to elect a probate judge, the town councils ar& 
 courts of probate, except in the city of Providence where the Municipal 
 court is given probate jurisdiction. Appeals must be claimed within iorty 
 days after the entry of the order or decree appealed from to the supreme 
 court, which has appellate jurisdiction. 
 
 Courts of probate have jurisdiction to take probate of wills, to grant 
 letters of administration where the deceased at the time of death was an in- 
 habitant or resident in the town, or non-resident of the state leaviiiii
 
 RHODE ISLAND. 693 
 
 >estate to be administered within the town. Also to appoint gnardians of 
 persons or of estates of persons resident in the town, to empower adminis- 
 trators and guardians to sell real estate. Also to set out dower and make 
 partition of real estate by metes and bounds. 
 
 The husband surviving his wife deceased intestate is entitled to adminis- 
 tration of her personal estate without bond except to pay her debts. 
 Administration of the personal estate of a husband deceased intestate is 
 granted to the wife first or next of kin, being a suitable T)erson, but a bond, 
 inventory and an account are required. And if they do not apply for 
 administration within thirty days after death, priority of claim to appoint- 
 ment is lost. A person non-resident of the state may be appointed 
 administrator in it upon cause shown and bond with resident sureties given. 
 The last will of any person absent from the state three years without due 
 proof of being alive may be probated and adminstration granted on his 
 estate as if he was dead. 
 
 Marriage vacates the office of executrix or administratrix and administra- 
 tion does not pass to the husband. 
 
 Administrators must, under oath, within three months after appointment 
 return to the probate court inventories of the property in their liands as 
 valued by appraisers appointed by the court. 
 
 In addition to her dower the widow may have setoff to her such portion of 
 the personal property and real estate as the court may judge necessary. 
 
 Debts secured by mortgage of real estate before foreclosure are personal 
 property for purposes of administration. 
 
 Insolcent Estates. — When an estate is represented insolvent the probate 
 -court appoints three commissioners before whom all creditors, except for 
 expenses of administration, debts due the United States, funeral charges, 
 jittendance and medicine, debts due the state and state and town taxes, 
 which are preferred in the order named, must appear and prove their 
 claims within six, twelve or eighteen months as the court may direct, and 
 ;it the end of which time tlie commissioners report the claims with their 
 <lecision. Creditors whose claims arc disallowed, in whole or in part, may 
 sue at common law by giving notice to the court of probate, after the report 
 is filed within forty days, and commencing action within sixty days. If the 
 i-xecutor or administrator is dissatisfied with the allowance, he may, by 
 giving notice thereof within forty days in the office of the clerk of the pro- 
 bate court and also to the creditor, have the claim stricken out, whereupon 
 the claimant may, witliin sixty days after notice thereof, sue at common law 
 the same as if his claim had been wholly or in part rejected by the commis- 
 sioners. In case any other creditor or person entitled to distribution shall be 
 •dissatisfied with the allowance of any claim he may appeal to the supreme 
 court. (See Limitation of Actions.) 
 
 Distribution. — The surplus, after debts and exjHmses of administration are 
 })aid, is distributed one-half to the wife and one-half to the next of kin of the 
 intestate, if there be no children : and one-third to the wife and two-thirds to 
 the children or their descendants if any there are. 
 
 If the intestate be a married woman the whole of her personal estate goes 
 to the husband as administrator without account. 
 
 Affidavits — May be taken before any magistrate within the state, ami 
 before any commissioner a])poiuted by the governor within the state or 
 ■county described in the commission. No particular form is provided or 
 adopted. Proof of the official character of the officer before whom an affida- 
 vit or acknowledgement is taken out of the state is seldom called for. and 
 never with notice. The courts have usually received affidavits made out 
 i)f Rhode Island before magistrates authorized to take depositions. 
 
 Aliens. — May take, hold and transmit title to real estate in same way and 
 A">> same eft'ect as native born citizens.
 
 «94 RHODE ISLAND. 
 
 But a foreign born citizen cannot vote or hold office unless he is owner of 
 real estate of the value of one hundred and thirty-four dollars, or of real 
 estate which shall reut for seven dollars per annum over and above any 
 rent reserved, and the interest of any incumbrance thereon. 
 
 Appeals. — (See courts. Administrators, &c.) 
 
 Arrest. — From the supreme, common pleas, and district courts original 
 writs of arrest may be issued against persons not exempt by law from arrest. 
 In actions (1) for the recovery of a debt, or state, or town taxes where the 
 cause accrued prior to July 1st, 1870; (2) on penal statutes, of trover, of 
 detinue, trespass, trespass on the case, trespass and ejectment, trespass 
 quare clausum f regit, and scire facias against bail in criminal cases: (o) 
 whenever the plaintiff his agent or attorney shall make affidavit endorsed 
 on or annexed to the writ that the plaintiff has a just claim against the de- 
 fendant upon which the plaintiff expects to recover a sum sufficient to giv& 
 jurisdiction to the court to which the writ is returnable (coupled with 
 either) that the defendant or some one of the defendants is about to leave 
 the state without leaving therein real or personal estate whereon an execu- 
 tion that may be obtained in the action can be served, (or) that the defend- 
 ant or some one of the defendants has committed fraud in contracting the 
 debt upon which the action is founded, or in the concealment of his property 
 or in the disposition of the same : provided that whenever an arrest shall be 
 made in this last class (3) the court to which the writ is made returnable, or 
 any justice thereof, may by order upon ai)plication of any defendant so 
 arrested and for cause shown upon hearing the parties therein release such 
 defendant from such arrest and discharge the bail, if any, taken thereon, 
 but such release and discharge does not abate the writ which may be 
 I)rosecuted to find judgment as if no release and discharge had been 
 granted. 
 
 And when action has been commenced by writ of summons a writ of 
 mesne process commanding arrest may be issued at any time before final 
 judgment upon affidavit as in foregoing class 3. 
 
 After judgment executions issue as of course running against goods and 
 chattels and real estate of the defendant and for want thereof against his 
 body in above classes 1 and 2 and in class 3 when arrested on original w^rit 
 or mesne process, unless defendant has been released by the court as pro- 
 vided : and also in class 3 which in fact provides for recovery of debts arising 
 out of contract, when the action has been commenced by summons and 
 after judgment it shall be made to appear to the court that the defendant 
 is in the condition described in the affidavit required in class 3. 
 
 No female shall be arrested on original writ in any action founded oiv 
 contract. 
 
 No person entitled to vote shall be liable to arrest upon any civil proceed- 
 ing on election days or on the day proceeding or following. 
 
 No officer, non-commissioned officer or private shall be arrested on civil 
 process while going to, coming from or remaining at any ])lace which he 
 shall have been oixlered to attend for the election of any military officer or 
 the performance of any military duty. 
 
 A debtor imprisoned, or one liable to be arrested on execution, may apply 
 to any justice of the peace for the privilege of the poor debtor's oath, and. 
 the justice granting, on making a general assignment for the benefit of his 
 creditors may be admitted to take the oath and then discharged or protected 
 from arrest : and there is no appeal from the decision of the justice. 
 
 Assignments — Of insolvent debtors are void with preferences except as 
 the statutes provifle, for which, and other particulars see Insolvent Laws. 
 Of future earnings are not valid except between parties thereto until re- 
 <'orded in the town where the assignor resides, or if he be non-resident of the 
 state, in the town where employed in the state. {See Attachments. See 
 J /I solvent Laws, and Proof of Claims.)
 
 RHODE ISLAND. 695 
 
 Attachments. — An orifjinal writ (ami when action has been couinienced 
 by oiuniuuiis a writ ol" mesne process) will be issued by the supreme, 
 commou pleas or district court to attach the real or peisonal estate of the 
 defendant, includin<j; his x)ersonal estate in the hands or ])()ssession of an- 
 other person as trustee of the defendant, and his stock or shares in any 
 banking association or other incorporated company (or of one or more of 
 said classes of property), when the lilaiutilf, his ayent or attorney, shall 
 make affidavit endorsed on or annexed to the writ that the ]jlaintiffhas a 
 just claim against the defendant that is due, upon which he expects to re- 
 cover a sum sufficient to give jurisdiction to the court to which the writ is 
 returnable (and also either) that the defemlant is on incorporated eomijany 
 established out of the state, (or) that he resides out of the state, or that he 
 has left the state and is not expected by the affiant to return within the 
 same in season to be served with process returnable to the next term of such 
 court (or) that the defendant or some one of the defendants has committed 
 fraud in contracting the debt upon which the action is founded or in the 
 concealment of his property or in the disposition thereof (or) that since the 
 contraction of such debt the defendant has been the owner of property or in 
 the receipt of an income which he has refused or neglected to apply towards 
 the payment thereof though requested by the i)laintifi" so to do. 
 
 But no attachment can be made in a tort action, nor can an attachment 
 issue upon a debt not matured. 
 
 The officer before making an attachment may require for his protection 
 bond w"ith sufficient surety in double the value of the proj^erty attached, 
 and if bond is given and the suit fails or the property does not belong to the 
 debtor, the liability is for the return of the propertj"^ (or payment of its 
 valvie) and damages if any Avith interest. (See insoloent Imcs.) 
 
 Bills of Exchange and Promissory Notes.— Kules and usages of com- 
 mercial law govern. Three days of grace allowed on bills draw'u at sight 
 due and payable in the the state, in which there is not a jjrovision to the 
 contrary. If the third day of grace be Sunday or a holiday, paymi'ut must be 
 made on the day preceding. Legal holidays are the 4th of July, Christmas, 
 22d of February, 30th of May, or if either fall on Sunday, the day following, 
 and such day of thanksgiving or solemn fast as maybe appointed by the gov- 
 ernor, general assembly, the president or congress. Any person u]>on whom a 
 bill of exchange or draft is drawn which recpiires acceptance shall have until 
 two o'clock in the afternoon of the business day next succeeding thv tirst 
 presentation thereof in which to decide whether or not he will accept the 
 same : provided however that all bills of exchange or draft which may l)e 
 for cause held over one day shall, when accepted, date from day of presenta- 
 tion. 
 
 Indorsers on commercial paper are holden on notice from notary public in 
 accordance with the usage of merchants. 
 
 Commercial paper coming due by its terms on a holiday is payable on a 
 secular day next preceding, and may be protested for non-i)ayment if not 
 paid on such preceding day. "Whenever an inland bill of exchange drawn or 
 indorsed within the state for the payment of any sum of money without the 
 state is returned protested, the drawer or indorser is liable to pay five 
 per cent, damages thereon and charges of protest and interest at six per 
 cent, per annum from date of protest. 
 
 A corporation may, by any authorized agent, make a promissory note to 
 any other person or body corporate, and such note, if for the payment o 
 money only and made to order or bearer, is negotiable as bills of exchange 
 are. 
 
 Bills of Lading. — Warefiouse Receipts. — Every person entrusted with, 
 and in the iJossession of goods fcjr the purpose of sale, or any bill of 
 lading, receipt or certificate of a warehovise keeper or inspector, or of any 
 warrent, or order for the delivery of goods, shall be deemed the true owner 
 of the goods so by him possessed or described in either of said instrument.s, in
 
 696 RHODE ISLAND. 
 
 favor of tlie purchaser or pledgee of siicli goods for money or negotiable 
 security, provided sucli purchaser or pledgee, at the time of payment or 
 advance as aforesaid, shall have had no notice or knowledge that the pos- 
 sessor of such goods or instrument was not the true owner of 
 such goods by him, possessed, or in such instrument described. 
 
 Nothing in the preceding section shall be so contrued as to authorize 
 a common carrier, warehouse keeper or other person to whom merchan- 
 dise or other property may have been committed for transportation or 
 storage only, to sell or pledge the same, nor shall any person taking in deposit 
 or pledge merchandise or goods described in either of the instruments therein 
 mentioned from any agent for sale, warehouse keeper or inspector, for an 
 antecedent debt, be entitled to any greater interest in such goods or instru- 
 ment than was possessed by such agent, warehouse keeper or inspector at th<^ 
 time of such deposit or jiledge. (Pub. Stat, chaji. 136. ) 
 
 Chattel Mortgages. — Ko mortgage is good against the purchaser, or at- 
 taching creditor unless recorded, or the mortgagee is in possession, or can 
 prove actual notice. Record is necessary in office of the clerk of the town 
 where the mortgagor resides if he resides in this state ; otherwise in the 
 town where the property is located. 
 
 Foreclosure is usually by sale under powers in the mortgage but may be 
 effected in equity or by possession for sixty days after Ijreach of condition ; 
 and redemtion may be eflected in equity or within said sixty days if pro- 
 perty has not been sold in the meantime under power in the mortgage ; and 
 in case of such a sale at auction the mortgagee may become a purchaser if 
 he has given notice in the advertisement of sale of his intention to bid. 
 
 Claims against Decedents' Estate. — [See Adminutration.) 
 
 Corporations, Domestic and Foreign. — Domtstic — Exist only by special 
 charters granted bj'^the general assembly ; and the state constitution requires 
 that petitions for a charter presented to either branch of the assembly, 
 except for a corporation for religious,literary or charitable purposes, or for a 
 military or fire company, sliall be continued until anothor election of members 
 of the general assembly shall have taken place and such public notice of the 
 pendency thereof shall be given as may be required by law ; hence such 
 petitions are usually jj resented at the January, and acted on at the May 
 session. 
 
 Upon the issue of every charter a tax or fee is required to be paid to the 
 state, amounting to one hundred di>llars, and, in addition, one tenth of one 
 per cent, upon the excess of authoj'ized capital over one hundred thousand 
 dollars, and an additional fee of one per cent, is required to be paid upon any 
 increase of capital. 
 
 For general provisions resjiecting corporations, their powers, organization, 
 etc., see Public Statutes, chap. 152. 
 
 Every corporation created under the authority of this state shall have a 
 place of business within this state and shall have a clerk, treasurer or other 
 agent, who shall reside therein and records of transfers of stock shall be 
 made and kept within tlie state, and the recording officer shall reside within 
 the state and removal vacates his office. 
 
 Stock is personal proi>erty unless otherwise provided by charter. 
 
 Banks, insurance companies and railway corporations are subject to 
 special provisions. 
 
 Foo'eign Corporations — Before engaging in transportation of goods, wares, 
 merchandise or parcels within this state are retpiired to file in the office of 
 secretary of state, a certified copy of their charter and a power of artorney. 
 authorizing some citizen of this state to accept service of process for 
 tliem. 
 
 Foreign insurance companies, and foreign surety companies are re<iuire(l to 
 executt^ such powers of attorney to the insurance commissioner.
 
 RHODE ISLAND. 697 
 
 Agents of foreign insurance companies and telegrajth, telephone and ex- 
 press companies doing business in this state, are retiuired under penalties 
 to make annual returns and to pay annual taxes ujjon their receipts. 
 
 Costs, security for. — In civil actions, where the i)laintiff is not an inhabit- 
 ant of this state, he shall upon motion of any defendant in the action, 
 at tlie first term of tlie court to which the writ is returnable, give some suf- 
 ficient person residing within this state, as surety for costs. The case is 
 dismissed upon neglect to comply with tlie onler of the court for surety. 
 
 Courts. — Terms and jurisdictions of: 
 
 Tlie ivpreme court is composed of a chief justice and four associate 
 Justices, and two judges form a quorum for all purposes, and one judge is a 
 (luoi'um for all puri)oses except for the trial of petitions for new trials, 
 ■demurrers,motions in arrests of judgment, making final decrees in equity,and 
 indictments for any crime ijunishable by imi)risonmeut for life. 
 
 It lias sole jurisdiction in equity and in petitions ft)r divorce, separate 
 maintenance, alimony, and the custody of children ; and exclusive authority 
 to issue writs of error, certiorari, mandamus, quo warranto, habeas corpus ; 
 is the court of last resort and has general superintendance of all courts of 
 inferior jurisdiction for the prevention and correction of errors and abuses. 
 
 It is the supreme appellate court of probate and has jurisdiction by appeal 
 from the court of common pleas in civil causes where amount claimed is 
 three hundred dollars or more. 
 
 In civil actions, it has original jurisdiction, concurrent with the court of 
 common pleas, where the debt or damages laid in the writ amount to, in 
 Providence county three hundred dollars, and in other counties one hundred 
 <lollars ; it also has original criminal jurisdiction except in Providence 
 <;ounty. 
 
 The court of common pleas is held by one or more justices of the supreme 
 ■court. 
 
 It lias original jurisdiction in civil actions at law in which the amount is 
 one hundred dollars or more (concurrent with the district courts from one 
 to two hundred dollars.) 
 
 It has appellate jurisdiction, both civil and criminal, from the district courts; 
 And original criminal jurisdiction of all crimes and offences. 
 
 Special courts of common pleas are held by a justice of the supreme court 
 and exercise summary jurisdiction in cases of ejectment against tenants hold- 
 ing over their terms, .against persons refusing to deliver lands sold under 
 mortgage, execution or judicial sale, against auctioneers refusing to account, 
 and sheriffs neglecting their duties. 
 
 District courts have civil jurisdiction exclusive in causes of one hundred 
 dollars or less, and concurrent with the court of common pleas from two 
 or three hundred dollars; also in like concurrence over actions for possession 
 of tenements or estates. 
 
 They also have a limited criminal jurisdiction. 
 
 Probate courts. — (See administration.) 
 
 Court Calendar. — 
 
 UNITED STATKS COURTS. 
 
 The Htate comprises one district. 
 
 A.txocinte Juxlicc. Supreme 0>«r^ Horaco Gray, of Massaclmsptts. Oirrnit .Tti.dg<'t 
 Jje Baron B. Colt, of Bristol. JHxtricI Jud'jr, George M. Carpenter, of Providenco- 
 United Sta'cx JHstriH Attorney, David .'^. Bailor, of Wicltford. United States Marshal, 
 •Tames H. Cof?geshall, of Providence. Clerk of Circuit and District Courts, Henry Pit- 
 man, of Providence. 
 
 Terms of Circvit Conrt. — At Providenpo, .Tune 15th and November loth. 
 
 Terms of District Court. — At Proviileiicf, 1st Tuesdays in February and AuE;ust. At 
 Newport, 2d Tuesday in May and ;?d Tuesday in October.
 
 698 RHODE IteLAND. 
 
 SUPREME COURT. 
 
 Chief JnsHcf, Thomas Durfee, of Providence. Associate Justicrs, Chiirles Matte- 
 son and John H. Stiuess, of Providence ; I'arden E. Tillinghast, of Pawtucket, and 
 Geo. A. Wilbur, of Woonsocket. 
 
 Terms of the Supreme Court are liolden as follows, (P. L. 601)); and is always open 
 as a court of equity. 
 
 Counly. Where Held. Time of Scssioitx. 
 
 Bristol Bristol 1st Mon. March and September. 
 
 Kent East < rreenwich . . 2d Mon. March and September. 
 
 Wasliington . . . South Kingston . . .id Mon. March and Sei)tember. 
 
 Newport Newport -Ith Mon. March and September. 
 
 Providence.. . .Providence . . . . 1st Mon. April and October. 
 
 SESSIONS OF THE COURT OF COMMON PLEAS (P. S 194). 
 
 Count}/. Where Held. 1\mc of Sessions. 
 
 Bristol Bristol 1st Mon. May and last Mon. Oct. 
 
 Kent East Greenwich . . 2d Mon. April and Oct. 
 
 Newport Newport 3d Mon. May and Nov. 
 
 Providence.. . Providence . . . . 1st Mon. March and Sept. (("riniinal). 1st Mon, 
 
 .lune and Dec. (Civil and Criminal). 
 Washington. . . South Kingston . . 2d Mon. May and 1st Mon. Nov. 
 
 DISTRICT COURTS (P. E. 597, 598.) 
 
 Thi.s court is in session everj- day for criminal proceedings, and for civil proceed*- 
 ings, as follows : 
 
 SESSIONS OF THE DISTRICT COURTS (P. L 597.) 
 
 District. Where Held, T'inie of Sessions. 
 
 First Newport Each Tuesday and Friday. 
 
 Tiverton Each Thursday. 
 
 Second South Kingston . . Each Monday. 
 
 North Kingston . . Each Thursday. 
 
 Exeter 1st and M Wednesdays each month. 
 
 Third Westerly Each Monday. 
 
 Charlestown .... 4th Saturday each month. 
 
 Hopkintown . . . .2d and 4th Thursday each month. 
 
 Richmond 4th Wednesday each month. 
 
 Fourth Warwick Each Tuesday. 
 
 East (yreenwich . . Each Thursday. 
 
 West Greenwich . 3d Saturday each month. 
 
 Coventry 2d and 4th Saturday each month. 
 
 Fifth Bristol Each Monday. 
 
 Warren Each Thursday. 
 
 Sixth Providence Each Monday and Thursday. 
 
 Seventh East Providence , . Each Friday. 
 
 Eighth .Johnston Each Monday. 
 
 Cranston Each Wednesdaj'. 
 
 Scituate 3d Saturday each month. 
 
 Foster 2d Saturday each month. 
 
 Ninlh Burrillville Each Saturday. 
 
 Smithtield Each Tlnirsday. 
 
 Gloucester Each AVednesday. 
 
 Tenth Pawtueket .... Each Tuesday and Friday. 
 
 P21eventh Lincoln Each Saturday. 
 
 Cumberland .... P^ach Wednesday. 
 Twelfth Woonsocket .... Each Wediiesday and Saturday. 
 
 PROBATE COURTS. 
 Sec Administration, etc., under LAWS of Rhode Island, ante. 
 
 Curtesy. — The married woman's property act does not, and tlie wife by 
 will cannot deprive the hii.sband of his curtesy ; the right exists as at coui- 
 mon law. 
 
 Deeds. — No estate of inheritance or freehold, or for a term exceeding one 
 year, in lands or tenements, can 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 
 }ieace, mayor, notary public or town clerk, and recorded or lodged to bo le- 
 corded, in the office of the town clerk of the town where the land lies. Such
 
 RHODE IJSLAND. 69* 
 
 conveyances and all deeds of trust and mortgages are void, except between 
 the parties to them, unless so acknowledged and recorded. A witness is 
 usual, but not needed for validity. If the grantor refuses to acknowledge, he 
 may be compelled summarily by complaint and warrant. In case of death or 
 removal from the state before acknowledgment, the supreme court or court 
 of common pleas can take proof of the deed, which will be e(iuivalent. 
 
 A conveyance of lands within this state, executed elsewhere in the United 
 States, may be acknowledged before any judge, justice of the peace, mayor 
 or notary public in the state where the same is executed, or before a Khode 
 Island commissioner ; and executed out of the United States, may be ac- 
 knowledged before any ambassador, luinister, charge de affaires, consul, vice 
 consul or commercial agent of the United States, or any commissioner for 
 Rhode Island in the country where executed. 
 
 A seal must be something actually attached to the deed : wax, wafer, ad- 
 hesive paper, etc., a scroll not being sufficient. Official seals impressed upon 
 the paper are sufficient without the use of wax. 
 
 Dower may be released by the wife joining the husband in the execution 
 of the deed, and the fee being in him, only his acknowledgment is necessary. 
 
 Where husband and wife are jointly seized in right of the wife, the deed 
 must be signed, sealed and delivered, and acknowledged by both, and the 
 officer taking the acknowledgment of the wife, must examine her privately 
 and apart from her husband, touching the deed, and she declares to the offi- 
 cial that the deed or instrument shown and explained to her by him to be her 
 free and voluntary act and deed, and that she does not wish to retract the 
 same ; which must be certified to by the officer. {See Form.) 
 
 No special form of execution by corporations is j)rovided. The president 
 or treasurer, duly authorized, usually affixes the corjjorate .^eal and signs the 
 
 name of the corporation by (adding his official title), and acknowledges- 
 
 the deed as that of the corporation. 
 
 Common Form of Acknowledgment. 
 
 State of , } 
 
 County of . s ' 
 
 In , in said county and state, this day of . A. D. 18 — , 
 
 the above named personally appeared before me and acknowledged tha 
 
 foregoing instrument by signed to be free and voluntary act and' 
 
 deed. 
 
 In witness whereof I have hereunto set my hand and seal at — ■ — day 
 
 and year above written. 
 
 [seal] {Signatxirc and title.) 
 
 Acknowledgment by Hushand and Wife. 
 
 State of , > 
 
 coukty of . \ ' 
 
 In . in said county and state, tliis day of , A. I). IS — , the- 
 
 above named personally appeared before me and acknowledged the fore- 
 going instrument, by him signed to be his free and voluntary act and deed. 
 
 And at said on the same day (or as the case may be) ■, wife of 
 
 said . also personally appeared before me, and being by me examined 
 
 privily and apart from her said husband, acknowledged and declared the 
 same instrument by her signed, and by me then shown and explained to her, 
 to be her voluntary act and deed, and that she did not wish to retract the 
 same. 
 
 In witness whereof I have hereunto set my hand and seal the day and year 
 above written. 
 
 [seal.] {Signature and title.)
 
 700 RHODE ISLAND. 
 
 Descent and Distribution. — Descent of real estate of aii intestate is in the 
 Colluwing tirtler, the succeeding class taking when none of the preceedhig 
 <-lass are living, and the shares go by representation and not per capita : 1. 
 To the children or their descendants. 2. To the father. 3. To the mother, 
 brothers and sisters of such intestate, and their descendants. 
 
 These failing, the inheritance shall go in equal moieties, to the paternal and 
 maternal kindred, each in the following course : 1. To the grandfather. 2. 
 to the grandmother, uncles and aunts on the same side, or their descendants. 
 i). To the great grandfathers, or great grandfather if there be but one. 4. 
 To the great grandmothers, or great grandmother if there be but one, 
 -and the brothers and sisters of the grandfathers and grandmothers and their 
 descendants, or such of them as there be ; and so on, in other cases, without 
 •end, passing to the nearest lineal male ancestors, and for want of them, to 
 the lineal female ancestors in the same degree, and the descendants of such 
 male and female lineal ancestors or such of them as there be. And with re- 
 gard to these equal moieties to paternal kindred; if there be no such kindred 
 on one part, the whole goes to the other part ; if there be no kindred on either 
 part, the whole goes to the husband or wife of the intestate ; and if the wife 
 or husband be dead, then to his or her kindred in the like course as if such 
 husband or wife had survived the intestate and then died. 
 
 No right of inheritance accrues to any person whatsoever, other than the 
 -children of the intestate, unless such person be in being, and capable in law 
 to take as heir at the time of the intestate's death. 
 
 Real estate, inherited by the intestate dying without children, goes to the 
 kin next to the intestate, of the blood of the person from wliom he inherited it. 
 
 Bastards inherit and transmit inheritance on the part of their mother. 
 
 Dower and curtesy are unimpaired. 
 
 Depositions.— Any justice of the supreme court, justice of the peace, 
 notary public, or commissioner appointed by the court, may take the deposi- 
 tion of any witness to b«3 used in the trial of any civil suit or action in which 
 he is not interested, nor of counsel, nor the attorney of either party, and 
 which shall then be commenced or pending in this state or in any other state 
 ■or government. 
 
 Every magistrate and officer previous to the taking of any deposition with- 
 in this state, shall cause the adverse party, if residing in this state, or within 
 ■one hundred miles of the place of caption, or in case of his absence, his attor- 
 ney, known to be such, to be notified of tlie time and place appointed for 
 taking the same, that lie may attend and put interrogatories to the dei^onent 
 if he thinks fit. 
 
 Depositions taken without this state, to be used in the trial of any cause 
 pending in any court in this state, shall be received as evidence : provided 
 j^uch depositions shall be taken with the formalities required by the state or 
 <iountry in whicli the same shall have been taken, or by some commissioner 
 appointed by the governor, or by some judge, chancellor or other civil mag- 
 istrate of such state or country, in conformity to the provisions of this 
 •chapter. 
 
 In taking depositions without this state, the party causing the taking there- 
 of shall notify the adverse party, or his known attorney, of the time and aj)- 
 pointed place for taking the same ; and such notification, issued by any jus- 
 tice or notary in this state, shall be served such reasonable time before taking 
 ■.such deposition as will give the adverse i)arty a full opportunity to be present 
 in person or by attorney. 
 
 Every person Itefore deposing shall be swoni to testify the truth, the whole 
 truth and nothing but tlie truth. He shall subscribe the testimony by him 
 given after the same shall be reduced to writing, which shall be done only 
 by the magistrate, officcsr or commissioner taking the deposition, or by the 
 <leponent in his presence or under his direction. 
 
 The deposition so taken shall be retained by such justice, notary, or com- 
 missioner, until lie deliver tlie same with his own hand to the court for 
 ^vhich it was taken, or .shall, together with a certificate of its having been
 
 RHODE ISLAND. 701 
 
 duly taken, be by said justice, notary, or coniuiissioncr, sealed up anri 
 directed to such court, and remain so sealed up until opened in court or by 
 order of court. 
 
 No deposition taken within one hundred miles of the place of trial shall be 
 used on the trial of any cause in any court in this state, which shall have 
 been taken during the sittinjf of the court before whicli the cause may be^ 
 pending, unless tl e same shall have been taken by the order of such court. 
 
 If any witness shall be induced to go out of this state in order that his de- 
 position may be taken without due notice to the adverse party, the depositioih 
 of such witness, taken by such undue means, shall not be used or admitte<l 
 as evidence in any court in this state. (Pub. Stat. chap. 314.) 
 
 Instructions for taking Depositions : 
 
 A commissioner or magistrate, authorized to take depositions, will issue a- 
 notification to the adverse party, stating the time and place appointed, and 
 the names of witnesses to be examined, which must be served by a sheriff, or 
 by any impartial and disinterested person, who must make oath to his return. 
 The depositions when taken, will be returned under seal to thecourt in which 
 the suit is pending, with a certificate stating the contents and naming thct 
 case, indorsed by the magistrate over his signature. 
 
 Form of Caption to Deposition. 
 State of Rhode Island, } 
 
 County op . S 
 
 ss. 
 
 Be it remembered, Tliat in , county of , state of , on the 
 
 day of , personally ajjpeared before me at , who being by me first 
 
 sworn to testify the truth, the whole truth and nothing but the truth, gave 
 the foregoing deposition, which was by me reduced to writing in his presence 
 (or by him reduced to writing in my presence), and by him signed in nay 
 presence. 
 
 Taken at the request of (or by virtue of the annexed commission, a.*t 
 
 the case may be), to be used in the trial of an action pending in the 
 
 court, to be holden in within and for the county of , in the state or 
 
 Rhode Island, on the in . 
 
 The adverse party was duly notified, as appears by return of the notifica- 
 tion hereto annexed, and was present (or was not present.) 
 
 I further state that I am not attorney or of counsel for either of said par- 
 ties, nor interested in result of said suit. 
 
 In witness whereof I have hereunto subscribed my name and affixed my- 
 
 official seal this day of , A. D. 18 — . 
 
 [l. s. 3 {Signature and title of officer.) 
 
 Divorce. — Upon petition of a domiciled inhabitant of this state, who has 
 resided one year therein next before filing his petition, the supreme court may 
 decree a divorce from the bond of marriage for either of the following causes:; 
 marriage originally void or voidable by law ; when party is, for crime (con- 
 victed of murder or arson), deemed to be civilly dead ; or from absence or 
 other circumstances may be presumed to be dead ; impotency ; adultery ; 
 extreme cruelty ; wilful desertion for five years by either party, or a shorter 
 period in the discretion of the court ; continued drunkenness ; neglect or re- 
 fusal by the husband, being of sufticient ability, to provide necessaries for 
 the subsistence of his wife ; and other gross misbehavior and wickedness re- 
 pugnant to and in violation of the marriage covenant. 
 
 If granted for adultery, or crime of husband, wife has right of dower, un- 
 less alimony is granted instead. Alimony must not exceed one-half the hus- 
 band's personal estate or the use of one-half of his real estate. 
 
 The court may control the custody of children ; and divorce from bed andL 
 board ; and decree separate maintenance.
 
 702 RHODE ISLAND. 
 
 Notice is by personal service of citation on the petitioner, if party can be 
 found, either by a sheriff or a disinterested person who makes a return under 
 oath ; otherwise by publication. Tliere is no pleading or answer. Testi- 
 mony is taken by deposition or orally in court. The court may hear testi- 
 mony from the parties orally, or may order their depositions taken. 
 
 Dower — Is the same as at common law. A widow may waive a provision 
 in her husband's will made in lieu of dower, by filing a writing in the court 
 of probate within one year after the probating of the will, and claim dower. 
 {See Descent and Distribution.) 
 
 Evidence. — Parties in interest may testify, but when one original party to 
 i\ cause of action is dead, or when an executor or administrator is a party to 
 the suit, tlic other party may be called by his opponent, but cannot testify 
 on his own offer, except as to matter occuring since the death of the party 
 ■<leceased, unless the contract was originally made with the party living and 
 ■competent to testify. 
 
 In civil causes the husband or wife are competent, provided neither will be 
 permitted to give testimony tending to criminate the other, or to disclose 
 •confidential communications during marriage. 
 
 The accused in criminal prosecutions, their husbands or wives may testify 
 voluntarily, but cannot be compelled to testify. 
 
 Conviction of crime does not dis(iualify, but may aft'ect credibility. {See 
 Divorce.) 
 
 Executions. — Issue five days after rising of coui-t (but court may order 
 .sooner), and are I'eturnable in three months in the district courts, and at the 
 next term in other courts. They can only be stayed by order of the court. 
 The original execution must be levied before its return day, to hold attach- 
 ment on original writ. In default of goods and chattels or real estate on 
 •which to levy, executions may issue against the body of the debtor, where 
 fraud is alleged. Executions also issue against the body where arrest was 
 made on the original writ ; but must be served on personal or real estate if 
 to be found, before taking the body. {See Stay of Execution.) 
 
 Executors. — Every person having the custody of a will shall, within thirty 
 <lays after he has notice of the decease of the testator, deliver the will to the 
 court of probate or to the person named as executor in the will ; and every 
 I)erson named as executor in a will shall, within a like time after decease of 
 testator, or after he has knowledge that he is so named, lodge such will for 
 probate and record in the office of the clerk of the probate court of the town 
 where the testator last dwelt, or lodge the same in such office with notice in 
 writing of his refusal of such executorship, and for neglect of such duty 
 such person or executor forfeits (in the discretion of the coiirt) one hundred 
 dollars a month thereafter until such duty is performed. 
 
 Executors in a will outside of this state, duly probated, may present a copy 
 of such will for record in probate court liere with a copj'' of the probate there- 
 of, under seal of the court where it has been proved and allowed, and after 
 prescribed notice obtain record and letters testamentary, and such will will 
 pass property in town where so recorded, if executed, subscribed and attested 
 according to the law in this state. 
 
 The marriage of an unmarried woman wlio has been appointed executrix, 
 extinguishes her power to act. Her co-executors, if any, go on with admin- 
 istration, otherwise the court appoints — her husband does not act. 
 
 Executors are not subject to suit before one year nor after three years from 
 appointment, except in certain cases. 
 
 His promise to answer dcl)t out of his own estate is not actionable unless 
 in writing. < See Wills and Statute of Frauds, 
 
 Exemptions. — No homestead law. Necessary wearing apparrel of debtor 
 and his family ; working tools not exceeding $3U0 ; and household furniture
 
 RHODE ISLAND. 708 
 
 and family stores, $300; bible, school and other books in use in faniilj', ^llOO; 
 wayes or salary to the amount of ten dollars, excei)t where debt is for neces- 
 saries ; wages or salary of wife or minor child of debtor ; wages of a seaman; 
 one cow, one and one-half tons of hay, one hog and one pig and the pork of 
 the same — of a housekeeper ; one pew in church ; a burial lot ; arms, equip- 
 ments, etc., of a militiaman ; and debts secured by bills of exchange or ne- 
 gotiable promissory notes, are exemiit from attachment and execution. 
 
 Factors, Consignees, etc. — Where the shipper is not the owner of mer- 
 chandise shipped, and tiie consignee has no notice, he has the same lien for 
 advances to the shipper that he would have if the shipper were the true 
 owner. 
 
 The pledging of goods to the factor's use, with intent to defral^d the owner, 
 is a misdemeanor punishable by tine or imprisonment. 
 
 False Pretense. — Every person who shall personate another, or who shall 
 falsely represent himself to be the agent or servant of another, and shall 
 thereby receive any money or other property intended to be delivered to the 
 person so personated or to the alleged principal or master of such agent or 
 servant, and every person who shall obtain from another designedly, by any 
 false pretense in writing or by any privy or false token and with intent to 
 defraud, any money or other article, or obtain with such intent the signa- 
 ture of any person to any written instrument, the false making whereof 
 would be punishable as forgery, shall be imprisoned not exceeding five j'ears, 
 or be fined not exceeding one thousand dollars. 
 
 Fraud, Statutes of. — No action shall be brought whereby to charge any 
 person, 1. Upon any contract for the sale of lands, tenements or heretlita- 
 ments, or the making of any lease thereof for a longer time than one year. 
 2. Upon any agreement made upon consideration of marriage, o. Any exe- 
 cutor or administrator upon his sj^ecial promise to answer any debt or dam- 
 age out of his own estate. 4. Any person upon his special promise to answer 
 for the debt, default or miscarriage of another person. 5. Upon any agree- 
 ment w^liich is not to be performed within the space of one year from the 
 making thereof ; unless the promise or agreement upon which such action 
 shall be brought, or some note or memorandum thereof, shall be in writing 
 and signed by the party to be charged therewith, or by some other person by 
 him thereunto lawfully authorized. 
 
 Garnishment. — Writs of attachment may be served on debtors of the de- 
 fendant, who becomes liable to pay the judgment creditor the amount of 
 their debts if they file affidavit showing the same, and in default of such affi- 
 davit to pay the entire judgment.. 
 
 Grace. — {See Bills of Exchange, etc.) 
 Homestead. — No homestead law. 
 
 Insolvent Laws. — A debtor may dissolve an attachment or levy on his 
 property by, before the property is sold and proceeds applied to payment of the 
 claim or judgment, and within sixty days from the time after the attachment 
 or levy, making and having recorded in the town where he resides or has 
 real estate, an assignment to some citizen of this state, of all his property not 
 exempt from attachment, but including debts secured by bills of exchange 
 and promissory notes, for the equal benefit of all his creditors, preferring 
 only debts due the United States, this state, and wages of labor performed 
 within six months previous to the assignment, not exceeding one hundred 
 dollars to any one person. 
 
 Whenever an insolvent debtor does any act or makes any conveyance 
 whereby one creditor obtains a preference over another, or omits to do any 
 act which he might lawfully do to prevent one creditor from obtaining a
 
 704 EHODE ISLAND. 
 
 preference over another, the supreme court, upon the petition of creditors hold- 
 ing one-fifth of the debt in amount, filed within sixty days thereafter, will 
 appoint a receiver to take all the property for the equal benefit of all the 
 creditors, and such appointment avoids all preferences made or obtained with- 
 in sixty days prior to filing the petition. It sets aside an attachment, for an 
 assignee under a voluntary assignment operates with regard to preferences- 
 the same as a receiver, and refusal to assign permits the attaching creditor 
 to secure a jireference. In case of conveyances requiring recording, the sixty 
 days runs from the time they were left for record. 
 
 The debtor is not discharged except by the voluntary release of hi* 
 creditor. 
 
 Interest. — The legal rate of interest is six per cent., but any rate of interest 
 agreed upon between the parties may be taken. Rate on judgments, note on 
 open accounts, etc., is six per cent., unless a difterent rate be stipulated by 
 the parties. Interests begin to run on accounts from the expiration of stii>- 
 ulated term of credit, or at a time fixed by usage of trade. 
 
 Judgments. — A judgment is not a lien upon real estate, except as an at- 
 tachment on the original writ ; may be held by a levy of original execution 
 before its return day. 
 
 Justices of the Peace — Are elected in town meetings, or by the general 
 assembly (legislature), and have power to administer oaths and take ac- 
 knowledgments in their towns, to summon witnesses before any court, to 
 issue citations in proceedings to take poor debtors oaths and to adjourn such 
 I>roceedings and to do a few other little things. 
 
 Landlord and Tenant. — Tenants at will or by suft'erance shall quit upon 
 notice from the lessor or owner at the day named therein; by parol from year 
 to year upon notice in writing from the lessor or owner, given at least three 
 months prior to the expiration of the occupation year ; and for any term less 
 than a year upon such notice given at least half the period of the term, not 
 exceeding in any case three months prior to the expiration of the same, at 
 any return thereof. And the tenant must give like notice (and with like 
 effect), if he would be quit. 
 
 The time agreed upon in a definite letting, fixes the time of termination 
 thereof; and if there be no time of termination agreed upon, it shall be 
 deemed a letting from year to year, and like notice to quit or be quit shall be 
 required and with like effect. 
 
 Suffering the stipulated rent or any part of the same to remain due and in 
 arrear for the period of fifteen days after demand for the same gives the right 
 of re-entry and repossession by the landlord or reversioner, wliether renting 
 be by parole or in writing, and discharged of the lease. (See jurisdiction o/" 
 District Courts, and Special Court of Common Pleas. ) 
 
 Leases — Of lands for more than a year must be in writing ; and see over- 
 due stipulated rent under landlord and tenant. (See Statute of Fraud.) 
 
 Liens — The common law liens are in force. 
 
 Common carriers may sell at auction articles unclaimed for a year to- 
 secure charges and expenses. The surplus goes to the owner, if claimed 
 within six months, otherwise to the general treasurer. 
 
 Perishable merchandise may be sold after notice to the owner or consignee, 
 at public or private sale, without advertisement. (For Consignees, see Fac- 
 tors, see also Mechanics Liens.) 
 
 Limitation of Actions or Suits. — Actions limited to one year, case for 
 ■words spoken ; to four years, trespass ; to six years, of account, except be- 
 tween merchant and merchant, on the case except for words spoken, debt or
 
 RHODE ISLAND. 705 
 
 contracts without specialty, or for arrears of rent, of detinue and of replevin; 
 to twenty years, debt on specialty and covenant. An executor or adminis- 
 trator cannot be sued after three years after his appointment. 
 
 Limited Partnerships— .Mny be formed for the transaction of mei-eantile, 
 mechanical or manul'acturing business within the state, by two or more per- 
 sons, but not for the jturpose of insurance or banks of issiie or circulation. 
 They may consist of one or more <;eneral partners, who shall be jointly and 
 severally liable, and of one or more persons contributing to the (;ommon 
 stock a spccitic sum in actual cash i)ayment as cai^ital, and called special 
 l)drtners, who shall not be iHTsouBlly liable for partnership debts (except in 
 certain cases), and all tlie i>artners shall make and severally sij^n a certilicate 
 setting forth, 1st, the tirm nanu; ; 2d, the names and residences of all, and 
 designating which are general and which special ; lid, the amount of capital 
 each special partner has contributed ; 4th, the general nature of the business 
 to be transacted ; 5th, the time when the partnersliip is to conimence and 
 when to end ; which certificate must be acknowledged by all the parties be- 
 fore some justice of the peace or notary public, and filed in the offices of the 
 town clerks of the towns where such partnership shall have places of business 
 situated, and recorded in a book kept for that purpose. After this registry, 
 a copy of the certificate must be published immediately for six successive 
 weeks, in at least two newspapers published within the state, otherwise the 
 partnership nuist be deemed general. Any false statement in the certificate 
 renders all liable as general partners. If the name of a special partner ap- 
 pears in the firm name, or if his name is used in the business with his con- 
 sent or j)rivity, or if he personally makes any contract respecting the con- 
 cerns of the partnership, with any person except the general partnei's, he 
 shall be deemed and treated as a general partner. 
 
 Married Women. — The property of a married woman is secured to her 
 separate use and is liable for her ante-nuptual debts, but not for the debts of 
 her husband. She is not liable on her promissory note, and her power to 
 contract is limitated. She camiot transact business as a trader except when 
 she shall come into this state and reside here a year without her husband, 
 when she may transact business, make contracts, sue and defend, dispose of 
 her separate property, make dee<ls and have the exclusive care and guardian- 
 ship of her minor children as if she were sole. The arrival of her husband 
 has the same effect as a marriage. The rights of dower and curtesy are fully 
 l>reserved. 
 
 Mechanic's Lien. — A person furnishing labor or materials for the con- 
 struction or repair of a building or imi)rovement owned by the owner of the 
 land on which it is situated, by contract with such owner or with the hus- 
 band of such owner, and witli the written consent of his wife, has a lien on 
 such building, improvement and land, for such labor and materials, subject 
 to such encumbrances as existed when the work was commenced. 
 
 Such lien also exists if the interest of the owner of the land is less than a 
 freehold. 
 
 Sub-contractor has such lien provided he notifies the owner of the land 
 in writing within thirty days after commencing the work that he shall claim 
 the lien. 
 
 A contractor \inder a written contract must commence his legal proceed- 
 ings within four months from the time when a payment on such contract is 
 due, if payment is not then made. 
 
 A contractor under a verbal contract must commence his legal proceedings 
 within six months after commencing his work or commencing his delivery of 
 materials. 
 
 A sub-contractor must begin his legal proceedings within four months 
 after giving notice as aforesaid. 
 
 For such legal proceedings see Public Statutes, chapter 177.
 
 706 RHODE ISLAND. 
 
 Minors. — Attain majority at twenty-one years ; but may make will of 
 pcrso)ial property at eighteen. Their wages are not subject to attachment. 
 
 Mortgages of Real Estate. — Must be executed in the same manner as 
 deeds, and recorded. 
 
 No chattel mortgage is good against purchaser or attaching creditor unless 
 recorded, or the mortgagee has possession or can prove actual notice. 
 
 Both real estate and chattel mortgages are drawn with power to the mort- 
 gagee to advertise and sell after default, and the mortgagee may bid at the 
 sale if he gives notice of such intention in the advertisement. 
 
 Notes and Bills of Exchange. — (See Bills of Exchange and Promissory 
 
 Notes. ) 
 
 Oaths and Afl&davits. — May be administered (also affirmations, of equal 
 validity) anywhere in the state by the following officials : Governor, lieuten- 
 ant governor, secretary of state, attorney general, general treasurer, justice 
 of the supreme court, speaker of the house of reiiresentatives, commissioners 
 appointed by other states to take acknowledgments of deeds and depositions 
 within this state, notaries public, railroad commissioner, insurance commis- 
 sioner and commissioner of shell fisheries ; and in the respective counties or 
 towns for which they are appointed, by clerks of courts, state senators, trial 
 justices, justices of the peace, mayors of cities, judges of probate, presidents 
 of town councils, town clerks and town wardens. 
 
 Affidavits without the state may be taken by any magistrate authorized to 
 administer oaths by the law of the state or country where taken, or by any 
 commissioner for Rhode Island residing in such state or country. 
 
 Partnerships. — {See Limited Partnerships.) 
 
 Promissory Notes. — {See Bills of Exchange, etc.) 
 
 Practice. — The common law system is in force, but somewhat modified by 
 statute. The courts encourage a tendency to simplicity of jjrocedure. 
 
 Proof of Claims. — Is not required by affidavit. But claims sent for suit 
 should be accompanied by an affidavit as required under title " Attachment " 
 or " Ai-rest," if such proceeding is desired. 
 
 Recording. — Is done in the town or city where the land lies, and the town 
 and city clerks are custodians of records and recorders of deeds except in the 
 city which has a special officer called "recorder of deeds." 
 
 Redemption. — Mortgagor of real estate, his heirs, executors and adminis- 
 trators, may redeem within three years after foreclosure or possession taken, 
 other than by power of sale in the mortgage. 
 
 No redemption after sale on execution. {See Taxes.) 
 
 Replevin. — Personal property may be replevied by its claimant, unless he 
 is defendant in a suit in which it is attached, by giving bond (with two sure- 
 ties) in double the value of the propeiiiy. 
 
 Revision. — The last revision of the statutes was enacted at the May ses- 
 sion, 1881, and went into efl"ect February 1st, 1882, under the title "Public 
 
 iStatutes. " 
 
 Seal. — "Whenever a seal is required to be affixed to any paper, the word 
 "seal " shall be construed to include an impression of such seal made with 
 or without the use of wax or wafer on the paper." Piib. Stat. c. 14.
 
 RHODE ISLAND. 707 
 
 Security for Costs.— (5«e Costs.) 
 
 Stay of Execution. — The supreme court and courts of common pleas may, 
 ripon motion and lor cause shown, stay execution upon any judgment or de- 
 cree rendered therein until furtlier order. 
 
 Suits. — {See Actions.) 
 
 Supplementary Proceedings. — Not provided for in this state. 
 
 Taxes. — AH tuxes assessed against any person in any town for either per- 
 sonal or real estate, shall constitute a lien on his real estate therein for two 
 years, and if the estate be not aliened, until collected. 
 
 Trust Deeds. — Are to be executed as other deeds, and are in common use, 
 but not used as security for loans, the mortgage with power of sale being 
 more eft'ectual. {See MorUjages.) 
 
 Usury. — {See Interest.) 
 
 Wages. — Of minor children not attachable. 
 
 Wills. — All wills and bequests of any lands, tenements, hereditaments and 
 of personal estate, within or without the state, shall be in writing and signed 
 by the person devising the same ; or by some person in his presence and by 
 his express direction ; and shall be attested and subscribed in the presence 
 of the devisor, by two or more witnesses, or else shall be utterly void and of 
 no effect. No form of proof is provided. Both subscribing witnesses must 
 usually be produced in jjrobate court, if within the state. The evidence of 
 an absent witness, if required, may be taken by deposition. 
 
 Every person being upwards of eighteen years of age, may dispose of per- 
 sonal property, and every person upwards of twenty-one years of age, may 
 dispose of real estate by will. The will of a married woman shall not impair 
 the rights of her husband upon her death, as tenant by the curtesy. 
 
 Wills are recorded in the town clerk's office of the town where the testator 
 lived. In Providence, Newport, Pawtucket, Cranston and East Providence, 
 probate courts are established with clerks who record wills. 
 
 Witnesses. — {See Evidence.)
 
 708 
 
 RHODE ISLAND. 
 
 ATTORNEYS IN RHODE ISLAND. 
 
 Bold Face Type denotes county seats. A dash (— ) less than 100 population. 
 Figures after names when admitted to Bar. A star (*) Notaries Public. 
 A double dagger (|) our Compiler of liaws. 
 A dagger (t) former recommendations withdrawn. 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. P 
 
 3PULA'I» 
 
 Anthony- 
 
 Kent 
 
 E. F. Warner. 
 
 628 
 
 Bristol 
 
 Bristol 
 
 Samuel P. Colt. 
 
 6,028 
 
 Central Falls 
 
 Providence 
 
 L. Watson. 
 
 10,000 
 
 Coventry Centre 
 
 Kent 
 
 {See Anthony.") 
 
 22S 
 
 East Greenwich 
 
 Kent 
 
 A. R. Greene. 
 
 2,887 
 
 East Providence 
 
 Providence 
 
 Geo. N. Bliss. 
 
 6,809 
 
 Escoheag 
 
 Kent 
 
 Manton & Foster. 
 
 — 
 
 Foster 
 
 Providence 
 
 C. H. Johnson. 
 
 1,400 
 
 Kingston 
 
 Washington 
 
 E. C. Clarke. 
 
 529 
 
 Newport 
 
 Newport 
 
 D, Baker. 
 
 20,439 
 
 North Scituate 
 
 Providence 
 
 M. D. L. Mowry. 
 
 — 
 
 Providence 
 
 Providence 
 
 / X Harrison A. Kenney. 
 
 (^ Card in Appendix, page xxiv. 
 
 104,857 
 
 South Scituate 
 
 Providence 
 
 J. C. Colorn. 
 
 3,607 
 
 Wakefield 
 
 Washington 
 
 E. H. Hazard, 
 
 732 
 
 "Warren 
 
 Bristol 
 
 B. M. Bosworth. 
 
 4,007 
 
 Warwick 
 
 Kent 
 
 B. W. Smith. 
 
 485 
 
 Westerly 
 
 Washington 
 
 Dixon & Perrin. 
 
 6,332 
 
 Wickford 
 
 Washington 
 
 W. C. Baker. 
 
 735 
 
 Woonsocket 
 
 Providence 
 
 E. Aldrich. 
 
 18,552
 
 RHODE ISJ.AND. 
 
 ro9 
 
 BANKS IN RHODE ISLAND. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital ot one 
 tjank in eacli county of this state in which such a banking institution is located. 
 
 rLACK. NAME OF BANK. 
 
 Ashaway Ashaway Nat Bank 
 
 Bristol First National Bank 
 East Greenwich Greenwich Nat Bank 
 
 Greenville Nat Exchange Bank 
 
 Hope Valley First National Bank 
 
 Kingston Nat Landholders' Bank 
 
 Newport First National Bank 
 
 North Scituate Scituate National Bank 
 
 Pascoag Pascoag Nat Bank 
 
 Pawtuckett First National Bank 
 
 Phoenix Phujnix National Bank 
 
 Providence Nat Bank of Commerce 
 
 Slatei-ville First Nat Bk of Smithfield 
 
 Wakefield Wakefield National Bank 
 
 Warren First National Bank 
 
 Westerly National Niantic Bank 
 
 Wickford Wickford Nat Bank 
 
 Woonsocket Producers' Nat Bank 
 
 
 PAID UP 
 
 CASHIER. 
 
 CAPITAL. 
 
 F. Hill. 
 
 $100,000 
 
 H. W. Church. 
 
 75,000 
 
 S. M. Knowles. 
 
 75,000 
 
 Wm. Winsor. 
 
 150,000 
 
 S. R. Richmond. 
 
 100,000 
 
 M. F. Perry. 
 
 105,000 
 
 N. R. Swinburne. 
 
 120,000 
 
 B. J. Cowe. 
 
 
 Jas. S. Cook. 
 
 100,000 
 
 Wm. H. Park. 
 
 300,000 
 
 H. D. Brown. 
 
 100,000 
 
 John Foster. 
 
 1,709,200 
 
 Chas. S. Seagrave. 
 
 100,000 
 
 D. M. C. Steadmaii. 
 
 100,000 
 
 A. B. Gardner. 
 
 150,000 
 
 I). F. Stillman. 
 
 250,000 
 
 Thad. W. Hunt. 
 
 125,000 
 
 Samuel P. Cook. 
 
 200.000
 
 STATE OF 
 
 SOUTH CAROLINA. 
 
 SUMMARY OF 
 
 Collection Laws. 
 
 COTTRT Calendar, Instructioss for takikg Depositions, Legai, Forms. Etc. 
 ExpRESSLT Prepared and Revised to Nov. 1st, 1887, for " Showers' 
 Legal Directory and Merchants' Guide." for 1888. by 
 Smythe & Lee, of the Charleston Bar. 
 
 Acknowledgments. — {See Forms, Deeds mid Evidence.) Not in use in 
 this state. Deeds proved by oatli of subscribing witnesses. 
 
 Actions. — Under the code of 1882, which is the rule of practice in this 
 state, both the legal and equitable are included in one fonn of action. Suits 
 must be brought in the name of the real party in interest. Married woman 
 .sues or is sued alone in regard to her separate property. Infants appear by 
 guardian, ad litem. Actions as a rule are brought in the county in which 
 defendant resides ; but concerning real property, in the county in which the 
 land lies ; in respect to personal i)roperty distrained in the county where the 
 property is situated. In some cases the court can change the venue. Serv- 
 ice of summons commences suit. Service by publication is allowable in 
 some cases. Where debt is liquidated or on open account, if itemized, default 
 judgment will be granted, provided verified account is served with complaint, 
 and defendant does not answer within twenty days from service of summons 
 and complaint. Costs are regulated by statute. 
 
 Administration. — Of Estates of Deceased Persons. — The probate judge 
 of the county in wliich party had his domicile, grants letters, testamentary 
 and of administration. Letters of administration are granted as follows : 
 1. To husband or wife of deceased. 2. Or if no husband or wife, or they 
 do not apply, to the child or children or their legal representatives. 3. In 
 default of them, then to father and mother. 4. In default of them, then to 
 brothers and sisters, o. In defaidt of them, then to such of next of kin, in 
 discretion of probate judge, as shall be entitled to share of estate. (>. In 
 default of such, then to largest creditor or creditors. No bond is required 
 of executors, but administrators enter into bond, with sureties in double the 
 value of the personal estate. An exemplified copy of a foreign will mu.st be 
 filed to be of force. Debts payable as follows : 1. Funeral and testamen- 
 tary expenses, physicians' fees for last illness. 2. Public debts. 3. Rents 
 for less than one year. 4. Secured creditors. 5. All other creditors equally. 
 
 Affidavits. — Before whom can be taken. — {See Recording.) 
 
 Aliens. — Possess rights of citizens respecting i^roperty. 
 
 Appeals, — From trial justice and probate courts to circuit court, and 
 from circuit to supreme court. Appeal from trial justice court, in five days ; 
 
 [S. Car. 1.)
 
 SOUTH CAROLINA. 711 
 
 from probate court in fifteen days ; from circuit to supremo court in ten 
 days. Stay of execution, can, in most cases, be only ettectcd upon givintj 
 bond. — {See Stay of Execution.) 
 
 Arrest. — Is made in civil cases under following; ciicunistanccs : 1. When 
 money has been received or pi'operty fraudulently misapplied by a public 
 officer or by other person in a position of trust, or for any misconduct in 
 office. 2. Where, upon action to recover personal property the defendant 
 has fraudulently concealed his property with the intent that neither sheriff 
 or plaintitf can find or have the b<;netit of the same. ;5. For fraud in con- 
 tractinjjj a debt for which an action is brought, or when the ol)ject of the ac- 
 tion is damages for fraud or deceit. 4. Wiien disposition of his i)roperty has 
 been made by defendant to defraud ereditors, but arrest of female not per- 
 mitted in any action. 5. In case of absconding debtors. The judge, trial 
 justice or cleik of court having iurisdiction can issue arrest warrant in such 
 cases. A bond, with or without sureties, securing costs and damages is 
 necessary. Up(m proper notice, orders of arrest may be set aside by motion. 
 
 Assignmeilts. — A debtor can make an assignment of all his property for 
 the benefit of his creditors. He should appoint an assignee and his credi- 
 tors meet and elect an agent to act with the assignee. The creditors also 
 elect a committee of creditors who possess a supervisory control. No pre- 
 ferences are allowed in assiginnents, except in respect to public debts. Those 
 creditors who have agreed by a fixed time to accept a dividend for their 
 share, and thereupon give a release for their whole debt, are then paid out of 
 the assigned property, and then, if any surplus remains, it is distributed 
 among the non-accepting creditors, who thereby do not release the debtor 
 from any portion of debt due them. All transfers of property, to secure an 
 antecedent debt, made to a creditor, with knowledge of the debtor's insolvent 
 condition, within ninety days befoie assignment for benefit of creditors, is 
 void. All transactions made at the time, in good faith, and for present valu- 
 able consideration, however, are valid. Dower is not extinguished unless 
 wife releases the same. [See 6. S. 2005]. 
 
 Attachment. — Allowed in actions for recovery of nioney, or of property 
 real or personal ; and damages for wrongful conversion and detention of per- 
 sonal property, or for recovery of damages for injury to ]K'rson or property, 
 or against corporations created under the law of any otiier state or against 
 a non-resident or absconding or consealed defendant, or whenever any person 
 or corporation is about to remove any t)f his or its property from this state, 
 or has assigned, disposed of, or secreted, or is about to assign, dispose of, or 
 secret any of his or its property, with intent to defraud creditors, the plain- 
 tiff at the time of issuing the summons, or at any time afterwards, may have 
 the property of such defendant or corporation attached as hereafter pre- 
 scribed as security for satisfaction of snoh judgment as the plaintiff may 
 recover ; and for the purposes of this section an action shall be deemed com- 
 menced when the summons is issued ; provided, hoicever, that personal serv- 
 ice of such summons shall be made or iiublication thereof ctnnmenced within 
 thirty days. Judge or clerk of court can issue warrant of attachment; when 
 under one hundred dollars, tiial justice. Affidavit must be filed within ten 
 days in the court issuing warrant, said affidavit stating one or more grounds 
 of attachment above mentioned. Plaintiff must give bond, with two resi- 
 dent {sureties, to the amount of two luuidicd and fifty dollars, securing 
 costs and damages if the defendant recover judgment. In trial justice court 
 bond is twenty-five dollars. Attaehnu^nts can be set aside on motion with 
 due notice. One non-resident can attach the property of another non-resi- 
 dent. Attachments are allowed on all property subiect to seizure under 
 execution. 
 
 Banks and Bankers. — Chai-t<>rs of banks are i)rovided for by statute. 
 And such acts provide also for its management. Incorjioration is not as- 
 [S. Cai. 2,1
 
 712 feOl TH CAROLINA. 
 
 sential ; but sucii come under certaiu parts of tlie banking laws, on grounds 
 of public policy. 
 
 Incorporated banks must report to the comptroller general, and also must 
 make quarterly publication. Liability of stockholders is par value, if i)aid 
 in shares, together ■\vith live per cent, thereof additional. 
 
 Bills of Exchange and Promissory Notes. — Can be assigned and are ne- 
 gotiable according to general law merchant, and are governed by general 
 law on subject of commercial paper. If drawn before death and negotiable 
 after death, by authorized agent; are valid against estate of maker, provided 
 acceptor was ignorant of principal's death, and negotiation occur within nine 
 months after di'awer's death. All time and sight papers have three days' 
 grace. If no payment or acceptance, inland bills and bills of exchange 
 may be protested, and indorsee is not bound unless protest be made. If, 
 however, inland bill be less than $100, no protest necessary. 
 
 Bills of Lading, Warehouse Receipts. — No special laws on the subject. 
 General commercial law recoguizeil and iullowed. 
 
 Chattel Mortgages. — If recorded wlthiii fourtydays, are notice from date 
 of execution, if after fourty days, take effect as to third jjaiiies without 
 notice from date of record. For purjjose of reitord, one witness is necessa- 
 ry ; and he must make proof before notary public as in real estate mort- 
 gages. Mny cover stock of goods, and future increase, and mortgagor may 
 continue in possession and dispose of same, without being prima facie evi- 
 dence of fraud. Foreclosure effected by mortgagor taking possession and 
 selling, after advertisement of sale for not less than fifteen clays, in some well 
 known newspaper, or court house door, unless agreement in writing by mort- 
 gagor for shortening time. 
 
 Claims against Decedents" Estates. — (See Administration'). Executor 
 and administrator advertise for all claims against estate. Creditors must file 
 claims after property made out, with executor or administrator, and must 
 make athdavit that amount is justly due and that there are no oft-sets by dis- 
 count or otherwise. If creditor lives within state of deceased, affidavit may 
 be before notary public or any officer duly qualified to administer an oath. 
 If creditor, however, lives without the state, oath may be administerd before 
 commissioner of deeds for South Carolina, or before notary public, with 
 certificate of clerk of court of record, with seal annexed that such notary 
 is a notary. Executor or administrator allowed a year and a day before 
 satisfying claims against estate. If a judgment be recovered against exec- 
 utoror administrator, on debt contracted during life time of deceased, lands 
 may be sold to satisfy, if provided they be not already sold ; if lands already 
 partitioned, the heirs must be parties to action. If assets of estate are iji- 
 sufficient. to pay all the debts of estate, the creditors are paid ratably. 
 
 Conditional Sales of Personal Property. —Are void as to third parties 
 having no notice of same, unless recorded in same manner as mortgages, and 
 other deeds requiring record. 
 
 Corporations.— Regulated by general incorporation act or by special 
 charters. 
 
 It shall constitute a part of the charter of every corporation other than 
 railroad corporations already in existence under act of assembly of this state, 
 either general or special, passed since adoption of present constitution or 
 wliich may be at anytime hereafter created under or l)y virt,ue of any act of 
 assembly, either general or spe(nal, luiless some other liability has been or 
 shall be imposed on stockholders thereof under such charter, (in which case 
 liabilities shall bo only such as specified in such charters) that each stock- 
 holder in said corporation shall be jointly and severally liable to the creditors 
 
 [ft. Car. :{.]
 
 SOUTH CAROLINA. 
 
 •13 
 
 thereof in an amount besides the value of his sliare or shares therein not 
 exceedinfi,- live per cent, of the par value of the !<liare or shares held by him 
 at the time tlie demand of creditor was created, provided that such demand 
 shall have been payable witliin one year ; provided, also, that proceedings to 
 hold such stockholder liable thercfijre shall be comineuced while he remains 
 a stockholder therein, or within two years after lie shall have ceased to be 
 such stockholdei'. Le<,nslature can amend or repeal all charters under a 
 recent full and ])articular act, chaiiers can be obtained easily, readily and 
 with full i)owers, etc., from the secretary of state, in iirojjcr application. 
 Foreign. — Regulated by statutes. 
 
 Costs. — Non-resident jiartics may be rc<|uired to give .security for. {See 
 Security for cost.) 
 
 Courts. — Terms and jurisdiction of. 
 
 Trial aiidJiiKtice Courts have civil jurisdiction over all cases involving 
 $1U0, and under. 
 
 Cotainon Pleas has jurisdiction of all civil cases. 
 
 Probate Courts (in each county) have jurisdiction over wills and adminis- 
 tration, and matters therewith coiuiected, and also relating to minors ; over 
 dower, and over idiots, lunatics andpersou non eomposmentis. (See Ap'peals.) 
 
 Court Calendar.- 
 
 UNITED BTATES COURTS. 
 
 (liicf Justice fiuprcme Court, Morrison R. Waite. C'irrtiit Jndffe, Hugh It. Bond, of 
 Baltimore. JJi.stiicl Ju(l;/c, George S. Bryan, of C'liarlestoii. Dislrict Attorney, L. F. 
 Youmans, Columbia. Mdrxhal, K. Miller lioykiii, Charleston. Clerk of Circuit Court, 
 James E. Ila'.'rood, Cliarleston. Clerk of I)i.s/rict Court, K. M. Seabrooli, Charleston. 
 
 Termi of the Circuit Court.— At Chaiieston on tlie 1st Monday in April. At Colum- 
 bia on the 4th Monday in November. Default judgments can also be taken on the 1st 
 Monday in each month, in liquidated amf)unts, notes, sworn to accounts, etc., over 
 $2000 in amount, by citizens of different stales, where there Is no defense. 
 
 Terms of District Court.— At Cliarkston 1st Mondays in January, May, July and 
 October. At (Jreenville (with Circuit Court i)o\vers). on the 1st Monday in August. 
 F'or routine and ordinary business, and for admiralty jurisdiction, the District Court 
 is always in session. 
 
 STATE COITRT.S. 
 SUPREME COURT. 
 
 (Jiief Jitslirc. W. D. Simpson, of liaurens. Associate Justices, i*,ii,m\\<A Mc(Jowan,of 
 Abbeville, and Henry Mclver, of Cheraw. 
 
 Terms.-At ("olumbla 1st Tuesday in April and 1th Tuesday in November. 
 
 CIRCUIT COURT. 
 
 Consists of Court of General Sessions (criminal) and Court oj'Comnwn Pleax (civil). 
 The following is the calendar of the Circuit Courts : 
 
 TIMES OF HOLDING COURT. 
 
 Common J'lea,i. 
 
 Cwtnties comprisinij 
 
 Ju.dieial%ircuit. General Sessions. 
 
 I Charleston. . . Feb. 21, June 20, Nov. 14 Feb. 28, June 27, Nov. 
 
 I ; Berkeley . . . Feb. 7. June (i, Oct. 10 February 9, .Oct. 
 
 ' Orangeburg. . .Ian. 10, May 2, Sept. 19 Jan. 12, May 4, Sept. 
 
 -, Sept. 
 -, Oct. 
 -, Oct. 
 -, Sept. 
 -, Nov. 
 
 r Aiken April 11, June 20, Sep. 20 April \\ 
 
 1 Hampton . . . March 7, June ]■'., Oct. 10 March 9, 
 
 2 j Colleton 
 ' Beaufort. 
 L Barnwell 
 
 Fe)). 21, June (i, Oct. 21 
 Feb. 7. May ■_'.!, Sept. 12 
 Mar. 21, July 11, Nov. 14 
 
 28, -- 
 
 Sumter Feb. 21, May 2:?, Oct. 10 
 
 Clarendon . . Fel). 14, May 16, Oct. 24 
 Williamsburg Feb. 7, May 9. Oct. 'SI 
 Georgetown ..Ian. 31, May 2, Nov. 7 
 
 Feb. 
 Feb. 
 March 2;?, - 
 
 Feb. 21, 
 Feb. 1(1, 
 Feb. 9, 
 Feb. 2, 
 
 r Chesterfield, 
 . i' Marlbon... , 
 
 4 \ Darlington . 
 '. Marion . . . 
 I Horry 
 
 r Kershaw. . . 
 
 5 ) Lexington . 
 1 Edgefield . . 
 
 f Richland. . . 
 fS. Car. 4.1 
 
 Feb. 7, Mav 2.^, Sept. 5 Feb. 9, 
 
 Fel). 21, May HO, Sept. 19 Feb. '2:i, 
 
 March 7, June 6, Oct. 24 March 9, 
 
 March 2S, J une 1;?, Oct. U March HO, 
 
 Mar. 21, June 20, Oct. 17 March 2.{, 
 
 -. Oct. 
 -, Oct. 
 -, Nov 
 -, Nov 
 
 -, Sept. 7 
 -, Sep. 21 , 
 -, Oct. 20 
 -, Oct. .5 
 -, Oct. 19 , 
 
 . Feb. 7, June 0, Sept. .'i 
 . F.I). 21, June l;5, Sept. 19 
 . .March 7, Aug. 1, Nov. 14 
 . Miirch 28, June 27, Oct. .{ 
 
 Feb. 10, 
 
 Feb. 2H. 
 
 Man-h 14, 
 
 April 4, July 4, 
 
 •, Sept. S , 
 
 •, Sep. 21 
 
 , Nov. 21 
 
 Oct. 10 
 
 Count}/ Seal. 
 , Charleston. 
 
 Mt. Pleasant. 
 , Orangeburg. 
 
 , Aiken. 
 , Hampton. 
 . Walterboro. 
 , Beaufort. 
 , Barnwell. 
 
 , Sumter. 
 
 iManning. 
 , Kingstree. 
 , Georgetown. 
 
 Chesterfield. 
 Bennettsville. 
 Darlington. 
 , Marion. 
 . Conwayb'o'. 
 
 Cainden. 
 Lexington. 
 , Edgefield. 
 Columbia.
 
 ■14 
 
 f^OUTH CAROLINA. 
 
 TIMES FOR. HOLDING COURT. 
 General Sessions. Common Pleas. 
 
 Counties comprising 
 the 
 
 Judicial Circuit. 
 
 ( Pairfleld . . . Feb. 21, June 1.3, Sep. 19 Feb. 23, 
 6 1 Lancaster. . . March?, June 20, Oct. 3 March 9, 
 
 ) Chester . . . . Mar. 21, June 27, Oct. 17 March 23, 
 
 (York. April 4, July 4, Oct;. 31 April 6, 
 
 -, Sep. 21 . 
 -, Oct. 5 . 
 -, Oct. 19 , 
 -, Nov. 2 , 
 
 County Seat. 
 
 Winnsboro.' 
 Lancaster. 
 Chester. 
 Yorkville. 
 
 Newberry 
 Laurens , 
 Union 
 
 . Feb. 7. July 11, Nov. 14 Feb. 9, 
 . Feb. 21, July 4, Sept. 19 Feb. 23, 
 . March 7, July 18, Oct. 3 March 9, 
 
 — , Nov. 10 . . Newberry. 
 — , Sep. 21 . . ijaurens. 
 — , Oct. 5 . . Union. 
 Spartanburg . Mar. 21, July 25, Oct. 17 March 23, July 27, Oct. 19 . . Spartanburg 
 
 f Pickens . . 
 . Abbeville. 
 8 \ Anderson , 
 ' Oconee . . 
 I Greenville 
 
 Jan. 17, June 6, Sept, 19 Jan. 19, June 8, Sept. 21 . .Pickens. 
 
 Jan. 31, June 13, Oct. 17 Feb. 2, June 15, Oct. 19 . . Abbeville. 
 
 Feb. 28, June 20, Oct.. 3 March 2, June 22, Oct. 5 . .Anderson. 
 
 Mar. 14, June 27, Oct. 31 Mar. Ifi, June 27, Nov. 2 . . Walhalla. 
 
 • Mar. 28, July 4, Nov. 14 Mar. 30, July 6, Nov. 16 . .Greenville. 
 
 PROBATE COURT. 
 Always open. The regular session is held on the first Monday of each month. 
 
 Curtesy. — Tenancy by: none in this state since 1883. 
 
 Deeds. — Of real estate must be under seal, executed in presence of, and 
 subscribed to, by two credible witnesses. Within forty days from date, must 
 be recorded in office of register of mesne conveyance of county in which 
 property is situated. This is necessary to affect third parties without notice, 
 from date of execution. In order to be recorded, subscribing witness must 
 prove execution by affidavit in county, before an officer within this state, ca- 
 pable of administering oaths, or before a commissioner of, or commissioners 
 appointed by dedimus, from court of common ^ileas of county in which instru- 
 ment is to be recorded ; or if without state and within United States, before 
 commissioner of deeds of South Carolina, under his official seal, or before 
 clerk of court, tinder his official seal, or before notary, with his official seal 
 and certificate from clerk of a court of record of the county in which affida- 
 vit is made to the effect that such notary is a notary ; or if without the United 
 States, before consul or vice-consul of the United States. (See Dower.) 
 
 Statutory Form of Deed with proof and Renunciation of Dower. 
 
 State of South Carolina, 
 
 County op . 
 
 Know all men by these presents, that I, A. B., of , in the state afore- 
 said, have granted, bargained, sold, and released, and by these presents, do 
 grant, bargain, sell, and release unto C. D., all that (description of prem- 
 ises), together with all and singular the rights, members, hereditaments or 
 appurtenances, to the said premises belonging or in anywise incident or ap- 
 ])ertaining : To have and to hold all and singular the piemises before men- 
 tioned, unto tlie said C. D., his heirs and assigns forever. And I do hereby 
 bind myself, my heirs, execittors and administrators, to warrant and forever 
 defend all and singvilar the said premises unto the said C. D., his heirs and 
 assigns, against myself and my heirs, and against any person whomsoever, 
 lawfully claiming or to claim the same, or any part thereof. 
 
 Witness my hand and seal, this day of , in the year of our Lord 
 
 18 — , and in th(! year of the independence of the United States of America. 
 [seal.] 
 
 Certificate of Proof by Subscribing Witness. 
 
 State of . } 
 
 County of . <i ' 
 
 Personally appeared before me, John Doe, and made oath that he savr 
 A. sign, seal, and as his act and deed, deliver the within written deed, and 
 
 that lie with witnessed the executions thereof. 
 
 Sworn to before mts this > j^j^ ^^ j^^-^ 
 
 day of , A. D, lo — . ^ 
 
 [seal.] {Signature and title of officer.) 
 
 IS. Car. 5.1
 
 SOUTH CAROLINA. 715 
 
 No acknowledgment by corporations in this state, proof by witness as in 
 deeds of individual. 
 
 Proof of Dexd of Corporation. 
 
 Before me personally appeared , and made oath that he saw above- 
 named corporation, by its president, sign, seal, and deliver above instrument, 
 and by its secretary, affix its seal, and that he, with (other witness) witnessed 
 the execution thereof. 
 
 Sworn to bef..re^me,this_-- J ^,.^^^^^^^^ ^^ ^^^,^^^_^ 
 
 [seal.] (Signature of Officer.) 
 
 -.1 
 
 Renunciation of Dower. 
 
 State op 
 
 County of 
 
 I, , (judge, trial justice or other officer,) do hereby certify unto all 
 
 whom it may concern, that , wife of within-named , did, this day, 
 
 appear before me, and upon being private and separately examined by me, 
 did declare that she does freely, voluntarily, and without any compulsion, 
 dread, or fear, of any person or persons whomsoever, renounce, release, and 
 
 forever relinquish unto the within-named , his heirs and assigns, all her 
 
 interest and estate, and also all her right and claim of dower, of, in, or to, all 
 and singular the premises, within mentioned and released. 
 
 Given under my hand and seal, > / Tir-4 ■ u- * x 
 
 this day of -— . A. D. 18-. \ ^ W%tnesHc>< .Stf,natuTe.) 
 
 [seal.] {Officer^'' Signature.) 
 
 Descent and Distribution. — Real and personal property of intestate, gov- 
 erned by same rules, and distribution as follows : I. Widow's share one- 
 third, and children's two-thirds, divided among them equally, (int-luding pos- 
 thumous child.) If widow claims her share, she is barred dower. Lineal de- 
 scendants represent parents, and divide among them their i)arent's share ; 
 TI. If the deceased have no children or lineal descendants, but leaves widow 
 and jnaother or father, and brothers and sisters of the whole blood, widow is 
 entitled to one-half of estate, and other half is equally divided among the 
 father, or if he be dead, mother, and brothers, and sisters of the whole blood, 
 the issue of deceased brother or sister, to rei>resent parent. But if intestate 
 leave no widow, widow's share is divided among said brothers and sisters. 
 Married woman's property distributed in the same manner. Aliens can in- 
 herit as citizens. 
 
 Depositions. — May be issued by any judge or clerk of circuit court, to 
 party to suit pending in common pleas court in his county. Such application 
 may be made by party, or his agent or attorney. Commission is granted 
 under seal, to three or more commissioners, to take depositions in writing, of 
 witnesses mentioned in commission, residing without state or county, or more 
 than one hundred miles from place of trial, or about to remove from state 
 before trial, or who is unable to attend trial on account of offi<ial or ])rofes- 
 sional duty, or sickness which incapacitates from travelling. ^lust be ten 
 days' notice of application, with affidavit of applicant as to materiality of 
 witness, and facts authorizing taking of deposition. Any two of the com- 
 missioners may take the depositions. 
 
 Commissioners may first take following oath : 
 
 " You shall, according to best of your knowledge, tnily, faithfully, and 
 without partiality to any one, or either of the parties and witnesses, take the 
 [S. Car. 6.]
 
 716 SOUTH CAROLINA. 
 
 examination an<l deposition of all and every witness and witnesses, produced 
 and examined by virtue -of the commission hereunto annexed, upon the inter- 
 roo-atories now produced and left with you. And you sludl not publish, dis- 
 close or make known to any person or persons whomsoever, except the clerk 
 or clerks by you employed, and sworn to secrecy in the execution of this com- 
 mission, the contents of all or any of the depositions of the witnesses, or any 
 of them to be taken by you and the otlier commissioners, in the commission 
 named, or any of them, by virtue of said commission, untU publication shall 
 pass by rule or order of tlie said court. So help you God." 
 
 Any one commissioner may administer oath to other two. They are 
 authorized and required, jointly and separately, to administer oath to clerk 
 •employed, before .such clerk is permitted to be present at examination. 
 Following is clerk's oath; "you shall truly, faithfully, and without partial- 
 ity to any or either of the parties in this cause, take and write down, trans- 
 cribe and engross the depositions of all and every witness and witnesses, pro- 
 duced befoi-e and examined by the commissioners, or any of them, named in 
 the commission hereunto annexed, as far forth as you are directed and em- 
 ployed by the said commissioner or any of them, to take and write down 
 and engross the said depositions, or any of them. And you shall not pub- 
 lish, disclose or make known to any person or persons whomsoever the con- 
 tents of all or any of the depositions of the witnesses, or any of them, to be 
 taken or written down, transcribed, or engrossed by you, or whereto you 
 •shall have recourse, or be anj' ways privy, until publication .shall pass by 
 rule or order of the said court. So help you God." 
 
 The depositions of the witnesses, which are taken after the witness is 
 sworn, and follow tlie interrogatories which are .sent with the commission 
 are to be signed by the witness and attested by the commissioners. When 
 the interrogatories and depositions are to be annexed to the commission and 
 must be enclosed and sealed. The package must have the name of the cause 
 written plainly on the outside, atone corner, and sealed with the commission- 
 er's seals, with their names surcharged over the seals and directed to clerk or 
 register, signing the commission. The package must contain on the outside, 
 in the writing of one of the commissioners, words to the eifect that it was 
 deposited by him in the post office. This, of course, if it is to be .sent by 
 mail. 
 
 Testimony may also be taken de bene esse. (See act of 1883). 
 
 Divorce. — Not allowed. 
 
 Dower. — Exists in this state. Wife is entitled to one-third of all real es- 
 tate of which the husband was seized dviring coverture. It is usually re- 
 nounced on the husband's deeds. [See Deeds). If not claimed within ten 
 years after husband's death, wife is barred of dower. Equity values dower 
 at one-twelth before the death of the husband, and at one-sixth after death 
 of husband. 
 
 Evidence. — Parties in interest can testify for themselves in civil and crim- 
 inal actions. In all actions against executor party in interest can not testi- 
 fy unless executor testifies also. It is taken orally in open court or the trial 
 of the cause, or by referee or master, or de bene esse or by deposition. The 
 ordinary rules of evidence api>ly. 
 
 Executions. — Issue at once, and are returnable in sixty days. They are 
 of force for ten years and then can be renewed bj' proceedings in court. If 
 issued against married women they must be against her se2)arate estate. {See 
 Judfjments). 
 
 Executors. — General rides apply. {See Administration.) 
 
 Exemptions. — Every head of family is entitled to a homestead in his real 
 estate to a value not exceeding one thousand dollars, in his jjcrsonal prop- 
 
 [S. Car. 7.]
 
 SOUTH CAROLINA. 717 
 
 erty not exceeding five Imudred dollars. But no property is exempt from 
 attachment, levy or sale, for taxes or for payment of obligations con- 
 tracted for the payment of said homestead or the erection of improvements 
 thereon, and the yearly products of said homestead shall not be exempt fronj 
 attachment, levy or sale, for the payment of obligations contracted in the 
 production of the same. It can not be claimed against mortgage covering 
 the homestead. It can not be alienated except for the purpose of purchas- 
 ing another. Homestead does not prevail against distrain for rent. 
 
 Factors. — Governed by common law applicable to them. By statute fac- 
 tors, receiving cotton, corn, rice, and such commodities for sale, and appro- 
 priating them to their own use, or selling them and not paying over proceeds, 
 are guilty of fraud and embezzlement. Commission merchants buying such 
 commodities and not paying for them, also guilty. 
 
 False Pretense. — (See Arrest and Attachment.) 
 
 Frauds, Statute of. — Unless part payment or delivery parole contracts 
 for the sale of goods amounting to more than SoO, are void ; i)arole agreements 
 or promises to pay the debts of others are void. Parole gifts, verbal agree- 
 ments, reserving rights in personal property, parole promise of adult to pay 
 debt contracted when a minor, parole representations in the nature of a 
 guaranty, are void. Parole leases, and estates in land longer than one year, 
 are regarded as estates at will, and leases, etc., are not assignable by parole. 
 Parole agreements for contract, not to be performed within one year, are void. 
 
 Ganiisliment. — {See Attachment.) 
 
 Grace. — Three days of grace are allowed on all time and sight papers. 
 
 Homestead. — ( See Exemptions. ) 
 
 Insolvent Laws. — {See Assignments.) 
 
 Interest and Usury. — Legal rate of* interest in this state 7 per cent, per 
 annum, except on written contracts and then it can exceed 10 per cent., and 
 that by express agreement. If a greater rate of interest is charged no court 
 in this state will allow any portion of the interest to be recovered. And the 
 legal debt or measure of damages, without costs, shall be the principal sum, 
 or value, without interest. An additional forfeiture of double the sum re- 
 ceived where greater interest is collected can be collected by a separate action 
 or allowed as a counter-claim to any action brought to recover the principal 
 sum. 
 
 Judgments. — On real estate, judgments are a lieu, for ten years after date 
 of entering up same. They can be revived, however, by proper proceedings. 
 Are valid, prima facie, for twenty years without revivor, but after that time 
 plaintiff must show non-satisfaction. All entered at same day are of equal 
 rank. On personal property, are liens only after levy, and remain such for 
 four months. Sale of real estate under judgment does not bar dower. 
 Judgments in trial justice court amounting to $25 and upwards can be dock- 
 eted in circuit court and then become judgments of that court. They are 
 entered up five days after adjournment of court at which they are taken. 
 By filing transcript of judgment of circuit court of one county in another 
 county, they are made judgments of latter counties from such date. — {See 
 Executions. ) 
 
 Justices of the Peace. — Trial justices take their places in this state. — 
 {See Courts and Appeals.) 
 
 Landlord and Tenant, — Distraint, to the extent of one year's rent in ar- 
 ts. Car. 8]
 
 718 SOUTH CAROLINA. 
 
 rears, of force. Leases for over one year to be recorded. Leases terminate 
 at time stated. Parole lease only valid for one year. Tenants can be ejected 
 for non-payment of rent. Tenants holding over are ejected by trial justices 
 after notice. Ordinary law prevails as to the relation of landlord and 
 tenant. 
 
 Leases. — {See Landlord and Tenant.') 
 
 License. — No state license required for commercial travelers. Daily or 
 weekly license were required in some towns and cities until recent decisions 
 in United States superior courts. Not required now. 
 
 Liens. — Certain statutory liens on crops and against buildings and vessels. 
 Liens on crops in fav-or of persons malting advances and also landlord for 
 rent. When for advances, must be in writing with principal parts of agree- 
 ment. Mechanit-s' liens will not attach unless the owner is notified ; is not 
 of force against a mortgage actually existing and duly recorded at time the 
 c(mtract is made for the labor or materials. Such lien must be recorded 
 within ninety days from the time when labor and materials cease to be fur- 
 nished. Suit must be begun within six months after labor and material have 
 ceased to be furnished. Lien on vessels, contractor with owner or agent for 
 repairs, supplies, etc., for ship has a lien for labor performed and materials 
 used, whicli shall be preferred to all other liens, except mariners' wages. 
 
 Limitations of Actions or Suits. — For recovery of real estate must be 
 brought within ten years. Persons under legal disability have ten years 
 after disability ceases. Twenty is limit for actions against real estate, in 
 which the state is c<mcerned. Twenty years is limit in following cases : 
 1. Judgments. 2. Decrees. 8. Bond or contract in writing, secured by 
 mortgage of real estate. Other contracts, notes, instruments under seal or 
 otlierwise, accounts, otlier liablities, express or implied, six years. 
 
 Limited Partnerships. — Not allowed for banking or insurance, but for 
 agricultural, mechanical, mercantile, mining or manufacturing business, or 
 for ti-ansportation of coal. Aiticles of co-partnership must state amount of 
 special partners' caj^ital contribution, such amount must be in cash. Amount 
 of capital contributed is the limit of liability. Partners must sign a certifi- 
 cate setting fortli firm name, nature of business, names and designations of 
 the general and special partners, their places of residence, amount of special 
 partners' capital contribution, beginning and end of term of iiartnei-ship. 
 This certificate must be recorded. 
 
 Married Women. — (Constitution Sec. 8, Art 14.) "The real and personal 
 property of a woman, held at the time of her marriage, or that which she 
 may thereafter acquire, either by gift, grant, inlieritance. devise, or other- 
 ■wise, shall not be subject to levy and sale for her husband's debts, but shall 
 be held as her separate property and may be bequeathed, devised or alienated 
 by her, the same as if she were unmarried. Provided, That no gift or grant 
 from the husband to the wife shall be detrimental to the just claims of the 
 creditors." 
 
 The real and personal property held by a woman at the time of her mar- 
 riage, or obtained by her afterwards is her separate property, and she may 
 aliene, devise or bequeath it as if she were unmarried. In case of her death 
 it is distributed in same manner as with men. She can contract and be con- 
 tracted with as to her separate estate. Execution against her must be made 
 against her separate estate. Her husband need not be joined with her in 
 conveyance. She cannot endorse her husband's note unless such note be for 
 the benefit of lier separate estate. Legal age is 21 years. Mortgage to 
 secure husband's debt, void. Great care advised in dealings with them as 
 they cannot legally contract debts in general business. 
 
 Mechanics' Liens.— (>S«e Liens.) 
 
 [S. Car. 9-1
 
 SOUTH CAROLINA. 719 
 
 Minors. — Twenty-one years is date for majority for both sexes. 
 
 Mortgages of Real Estate. — Together with deeds of trust, same manner 
 and form as deeds of real property with regard to their making and execution, 
 with addition of defeasance clause, require two witnesses. Subject also 
 to same probate and recording I'ules. May secure bond, notes, agreements, 
 accounts, etc. Foreclosure by civil action in common pleas. Power of 
 sale in case of non-payment, sometimes inserted. 
 
 Notes and Bill of Exchange.— (-See Bills of Exchange.) 
 
 Oaths and Affidavits. — {Sec Deeds and Forms.) 
 
 Partnerships. — Xo special laws, except as to limited partnerships. 
 
 Promissory Notes. — (See J] His of Exchange.) 
 
 Practice. — In 18G8-70, ;• code was adopted similar to New York code,since 
 then has been changed in minor points, from time to time, and now exists as 
 revised code of 1882. 
 
 Proof of Claims. 
 
 State of ') 
 
 coukty of s ""' 
 
 Personally appeared before me a member of the firm of and 
 
 made oath that the above account is a just, true and correct account due 
 
 by for goods sold and delivered to him, at his request, by , 
 
 between the dates of and , and that there are no off-sets thereto 
 
 by discount or otherwise. 
 
 Sworn to before me \ 
 
 this day of A. D. !i {Signature of Deponent.) 
 
 18— 
 
 [l. s.] {Signature and Title of Officer.) 
 
 Affidavit must be taken before some officer as in case of proof of deeds. 
 In proving open accounts, books are referred to or admissions of party put 
 in evidence. Subscribing witness, or proof of hand-writing proves written 
 instrument. 
 
 Recording. — Before any deed or instrument in writing can be recorded in 
 the projier office witliin this state, the execution thereof shall first be proved 
 by the affidavit, in writing, of a subscribing witness to such instrument, taken 
 before some officer, within this state, competent to administer an oath, or 
 before a commissioner, or commissioner appointed by dedimus issued from 
 the court of common pleas of the county in which the instrument is to be re- 
 corded ; or if taken without the limits of the state, and within the United 
 States, before a commissioner of deeds of this state, or before a clerk of a 
 court of record, who shall certify the same under his official seal, or before 
 a notary public, who shall affix thereto his official seal, and accompany the 
 same with a certificate as to his official character from a clerk of a court of 
 record of the court in which the affidavit is taken ; or, if taken without the 
 United States, before a consul or vice-consul of the United States of America. 
 Where the affidavit of a subscribing witness cannot be had by reason of the 
 death, insanity or aT>sence from the state of such witness, then upon proof of 
 such fact, and of the handwriting of the parties who signed the instrument, 
 and of the subscribing witnesses, by proper affidavit, the proof inevery case 
 to be recorded with the instrument. 
 
 Redemption. — None after foreclosure of mortgage. Ninety days after sale 
 for taxes. 
 [S. Car. 10.]
 
 720 SOUTH CAROLINA. 
 
 Replevin. — In the code this action is known as Olaim aiul Delicery of Per- 
 sonal Property. Personal property may be replevied by any party entitled 
 to possession of it. Plaintiff must give bond (or some one in his behalf) 
 with sureties to the sheriff for double value of personal projierty. Defend- 
 ant, by giving similar bond, can retain use and possession of property. 
 
 Revenue. — Nothing on the subject. 
 
 Revision. — Code in 1870, abolished all distinctions between old action at 
 law and suit in equity. 
 
 Revivor. — {See Judgments.) 
 
 Seals. — Are required on all deeds. Scrolls are legal and are in common 
 use, as legal substitute. 
 
 Securty for Costs. — May be required by non-residents. 
 
 Stay of Execution. — Not stayed by notice of appeal from judgment, un- 
 less judge from whom judgment was obtained grants stay. Without bond 
 and two good sureties securing damages which defendant may sustain, in 
 case of reversal of judgment, such judgment can not be enforced by plaintiff. 
 Defendant may enter into similar bond, in which case plaintiff can not so 
 proceed. 
 
 Suits.— ('Sfe Actions.) 
 
 Supplementary Proceedings. — Are allowed in all cases after judgment 
 and execution ; and creditor, by them, can reach debtor's property, in hands 
 of said debtor or uther parties. 
 
 Taxes. — Are lien on real estate which may be sold to pay them. Right of 
 redemption is barred after two years. 
 
 Trust Deeds. — Governed as to execution, etc., in same manner as 
 deeds. 
 
 Usury. — {Sec Interest.) 
 
 Wages. — No laws as to. 
 
 Wills. — All persons of sound mind over twenty-one may make valid will. 
 In respect to personal property, minor can make will. Must be in writing, 
 signed by testator, (or some one in testator's behalf), in presence of three 
 witnesses, who at testator's request see him sign, and each witness must sign 
 in presence of testator and of other witnesses. A mark is a good signature. 
 Bond not required of executors. Widow can elect dower or provision under 
 will. 
 
 Witnesses — {See Deeds, Mortgages, etc.) 
 
 [S. Car. 11.]
 
 SOUTH CAROLINA. 
 
 721 
 
 ATTORNEYS IN SOUTH CAROLINA. 
 
 Bold Face Type denotes county seats. A dash ( — ) less than 100 population. 
 Figures after names, when admitted to the Bar. A star (*) Notaries Public. 
 A double dagger (J) our (Compiler of Laws. 
 A dagger (tj former reconuneudation withdrawn. 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTOKNEYS. POPOTiA'K. 
 
 Ab'beville 
 
 Abbeville 
 
 Lee & Blake. 
 
 1,500 
 
 Aiken 
 
 Aiken 
 
 G. W. Croft. 
 
 2,510 
 
 Allendale 
 
 Barnwell 
 
 A. B. Connor. 
 
 500 
 
 Anderson 
 
 Anderson 
 
 Broyles «.% Simson. 
 
 2,015 
 
 Baniber*; 
 
 Barnwell 
 
 L. T. Izlar. 
 
 900 
 
 Barnwell 
 
 Barnwell 
 
 J. J. Maher. 
 
 1,000 
 
 Beaufort 
 
 Beau tort 
 
 H. G. Judd. 
 
 4,010 
 
 Bennettsville 
 
 Marlborough 
 
 D. D. McColl. 
 
 1,000 
 
 Blackville 
 
 Barnwell 
 
 H. F. Buist. 
 
 950 
 
 Brighton 
 
 Hampton 
 
 J. A. Tison. 
 
 150 
 
 Camden 
 
 Kershaw 
 
 W. M. Shannon. 
 (X Smythe (Augustine T.), 
 
 &Lee (A. M.), 
 ■| No. 7 Broad St. 
 
 3,029 
 
 Charleston 
 
 Charleston 
 
 50,000 
 
 
 
 [ See Card in Appendix, jiage xxiv. 
 
 Cheram 
 
 Chesterfield 
 
 Newton & McQueen. 
 
 3,000 
 
 Chester 
 
 Chester 
 
 G. J. Patterson. 
 
 2.518 
 
 Chesterfield 
 
 Chesterfield 
 
 Hough & Kennedy. 
 
 ' Alston, (Jos. K.,) & 
 
 Patton, (H. C.) 
 ^1 CLARK, (W. A.) & 
 
 400 
 
 Columbia 
 
 Kichland 
 
 10,040 
 
 
 
 I MULLER, (J. S.) 
 
 
 Conway 
 
 Horry 
 
 Johnson & Quattlebaum. 
 
 700 
 
 Darlington 
 
 Darlington 
 
 Hon. C. P. Dargan. 
 
 1,200 
 
 Edgefield 
 
 Edgefield 
 
 <; J. B. Lanier, '85. 
 
 '( See Card in Appendix, page x. 
 
 G50 
 
 Florence 
 
 Darlington 
 
 Boyd & Brunson. 
 
 3,000 
 
 Greorgetown 
 
 Georgetown 
 
 C. R. Anderson. 
 
 3,000 
 
 Franiteville 
 
 Aiken 
 
 J. R. Clay. 
 
 2,000 
 
 (Trahamville 
 
 Beaufort 
 
 Chas. E. Bell. 
 ( BRYAN, ISAAC M. 
 ] FURMAN. CHAS. M., '77. 
 i Speer, D. R., '79. 
 
 210, 
 
 Greenville 
 
 Greenville 
 
 7,000 
 
 
 
 
 Greenwood 
 
 Abbeville 
 
 W. K. Blake. 
 
 1,600 
 
 Hampton C H 
 
 Hampton 
 
 J. E. Lansey. 
 
 225 
 
 Hickory Grove 
 
 York 
 
 J. C. Chambers. 
 
 — 
 
 Johnston 
 
 Edgefield 
 
 P. B. Waters. 
 
 540 
 
 Kingstree 
 
 Williamsburg 
 
 T. M. Gilland. 
 
 575 
 
 Lake City 
 
 Williamsburg 
 
 E. H. Williams. 
 
 — 
 
 Lancaster 
 
 Lancaster 
 
 L. B. Jones. 
 
 1,500 
 
 Langley 
 
 Aiken 
 
 R. T. Smithall. 
 
 1,532
 
 r22 
 
 SOUTH CAROLINA. 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. POPULA'n. 
 
 Laurens 
 
 Laurens 
 
 Ball & Watts. 
 
 1,200 
 
 Lexington 
 
 Lexington 
 
 {See Columbia.) 
 
 700 
 
 Lydia 
 
 Darlington 
 
 P. G. Bowman. 
 
 — 
 
 Manning 
 
 Clarendon 
 
 Joseph F. Rharae. 
 
 600 
 
 Marion 
 
 Marion 
 
 Johnson & Johnson. 
 
 1,500 
 
 Midway 
 
 Barnwell 
 
 Skinner & Williams. 
 
 275 
 
 Newberry 
 
 Newberry 
 
 S Jones & Jones. 
 
 } MOWER, GEO. S., '75. 
 
 2,500 
 
 Orangeburg 
 
 Orangeburg 
 
 Samuel Dibble. 
 
 2,250 
 
 Osborn 
 
 Colleton 
 
 M. J. Clemen,. 
 
 — 
 
 Pickens 
 
 Pickens 
 
 Keith & Hollingsworth. 
 
 200 
 
 J^rosperity 
 
 Newberry 
 
 Sale & Anil. 
 
 410 
 
 KeevesvlUe 
 
 Colleton 
 
 A. F. O'Brien. 
 
 150 
 
 Hock Hill 
 
 York 
 
 Spencer & Waters. 
 
 1,200 
 
 St, Georges 
 
 Colleton 
 
 J. O. Reed. 
 
 400 
 
 St. Matthews 
 
 Orangeburg 
 
 Knowlton & Wanamaker. 
 
 400 
 
 Seneca 
 
 Aconee 
 
 •T. W. Livingston. 
 
 500 
 
 Spartenburgh 
 
 Spartenburgh 
 
 Duncan & Sanders. 
 
 4,000 
 
 Sumpter 
 
 Sumpter 
 
 Moises & Lee. 
 
 2,513 
 
 Timmousville 
 
 Darlington 
 
 f E. D. Charles. 
 
 800 
 
 Union 
 
 Union 
 
 Munro & Munro. 
 
 1,513 
 
 Walhalla 
 
 Oconee 
 
 Keith & Verner. 
 
 1,500 
 
 Walterborough 
 
 Colleton 
 
 Handcrson & Behre. 
 
 512 
 
 White Hall 
 
 Colleton 
 
 J. F. Brown. 
 
 275 
 
 Williston 
 
 Burnwell 
 
 (See Columbia.) 
 
 500 
 
 Winnsborough 
 
 Fairfield 
 
 John J. Neill. 
 
 2,535 
 
 Yorkville 
 
 York 
 
 C. E. Spencer. 
 
 2,500
 
 SOUTH CAROLINA. 
 
 723 
 
 BANKS IN SOUTH CAROLINA. 
 
 Giving the name of town, bunk and cashier, and amount of paid-up capital of one 
 bank in each county of this state in which such a banking institution is located. 
 
 PLACE. XAMK OK BANK. 
 
 Abbeville Nat Bank of Abbeville 
 
 Anderson Nat Bank of Anderson 
 
 Bamberg Isaac C. Bamberg 
 
 Beaufort Bank of Beaufort 
 
 Charleston People's National Bank 
 
 Chester National Bank of Chester 
 
 Columbia Carolina National Bank 
 
 Darlington C H Darlington National Bank 
 
 Georgetown Bank of K. E. Fraser 
 
 (ireenville Nat Bank of Greenville 
 
 Marion Bank of Marion 
 
 Newberrv Nat Bank of NewV)crry 
 
 Rock Hill Savings Bank of Rock Hill 
 
 Seneca Senaca Bank 
 
 Spartanburg Nat Bank of Spartanburg 
 
 Sumter National Bank of Sumter 
 
 Union M'reh'ts' & Planters' Nat 
 
 Bank 
 
 Walhalla J. D. Verner. 
 
 Wiinisboro Winnsboro National Bank 
 
 Yorkville T. S. Jefferys 
 
 
 PAID or 
 
 CASHIER. 
 
 CAPITAL. 
 
 B. S. Barnwell. 
 
 50.000 
 
 J. A. A. Brock. 
 
 50,000 
 
 
 25,000 
 
 B. S. Sams. 
 
 25,00«lh. 
 
 E. H. Sparkman. 
 
 250,000 
 
 Jno. L. Harris. 
 
 150,000 
 
 W. Jones. 
 
 100,000 
 
 H. L. Charles. 
 
 100,000 
 
 P. H. Taraplet. 
 
 50,000 
 
 W. E. Beattie. 
 
 100,000 
 
 W. H. Cross. 
 
 50,000 
 
 T. S. Duncan. 
 
 150,000 
 
 J. M. Cherry. 
 
 13,000 
 
 J. W. Stribling. 
 
 20,000 
 
 L. C. Cannon. 
 
 100,000 
 
 Chas. E. Bartlett. 
 
 50,000 
 
 Geo. Munroe. 
 
 00,000 
 
 
 35,000 
 
 T. K. Elliott. 
 
 T5,000 
 
 F. A. GilbeiU 
 
 15,000
 
 STATE OF 
 
 TENNESSBK. 
 
 SUMMARY OF 
 
 Collection Laws. 
 
 CotTBT Calendar, Instkuctions for taking Depositions, LEGAii Forms, Etc. 
 
 Expressly Prepareb and Revised to Nov. 1st, 1887, for " Showers' 
 
 Legal Directory and Merchants' Guide," for 1888, by 
 
 Creed P, Bates, of the Chattanooga Bar. 
 
 ■ Acknowledgments. — Within the state must be taken before clerk of 
 county court or liis deputy, or a notary public ; in other states before any 
 court of record or clerk thereof, notary public or commissioner for Tennes- 
 see. The certificate must be in the form prescribed by Tennessee statute. 
 Certificate and seal of notary public or commissioner is sufficient without 
 further proof of oflicial character. If made out of the United States, must 
 be under seal before a commissioner for Tennessee, appointed in such coun- 
 try, a notary public oi a consul, minister or ambassador of the United States 
 in the country where the acknowledgment is made. 
 
 Form of Acknotdedgment. 
 
 State of Tennessee, } 
 County op : . <j ««• 
 
 Personally appeared before me , clerk (or deputy clerk) of the county 
 
 court of said county (or notary public in and for said county), the within 
 
 named , the bargainor, with whom I am personally acquainted, and 
 
 who acknowledged that he executed the within instrument for the purposes 
 therein contained. 
 
 Witness my hand, at office (or, witness my hand and ofticial seal), this 
 day of ,18 — . {Signature.) 
 
 If the wife joins in the deed, after the word "contained," add the follow- 
 ing: "And , wife of the said , having appeared before me privately 
 
 and apart from her husband, the said acknowledged the execution of 
 
 the said deed to have been done by her freely, voluntarily and understand- 
 ingly, without compulsion or constraint from her said husband, and for the 
 purposes therein expressed." 
 
 Form of Acknowledg'tnent. 
 
 before clkllk of county court, by witnesses. 
 
 State of Tennessee, } 
 County op . ^ " 
 
 Personally appeared before me , clerk of , or deputy clerk of 
 
 the county court of county aforesaid, and , subscribing wit- 
 nesses to the within deed, who, being first sworn, deposed and said that they 
 
 fTenn. 1.)
 
 TENNESSEE. 725 
 
 are acquainted with , the bargainor, (or as the case may be), and that he 
 
 acku()wledged the same, in their presence, to be his act and deed upon the 
 day it bears date (stating the time or period by witnesses). 
 
 Witness my hand, at office, this day of , 18 — . {Signature.) 
 
 Note. — The above form must be varied to suit various modes of proof by 
 witnesses, dependent upon the state of each case, as where a witness may 
 not reside in the state, and the other witness may. The signature of the 
 non-resident witness may be proven by another. 
 
 Accounts. — Coming from another state or country for suit, having aflBda- 
 vit of plaintiff' to their correctness, and certificate and seal of notary public 
 annexed, are conclusive against debtor, unless he shall on oath deny the 
 same. 
 
 Form of Affidavit to Prove Account. 
 
 State op Tennessee, ) 
 County op . ii " 
 
 Before me (J. P., notary public or clerk), in and for the county and state 
 
 aforesaid, personally appeared , who, being duly sworn, made oath that 
 
 the annexed account, exhibiting the sum of dollars against , is just 
 
 and true as stated ; that he or she has not received any part of the money 
 stated to be due, or any security or satisfaction for the same, and that all 
 just credits have been given. 
 
 Sworn to and subscribed before me, this day of , A. D. 18 — . 
 
 ( Signature. ) 
 
 Note. — This form is also used for accounts against estates of decedents. 
 
 Actions. — Are begun by summons issued by clerk of the court, or a war- 
 rant before justice of the peace. The former must be served five days before 
 first day of term to make it returnable to that term ; the magistrate's war- 
 rant may be served and returned instanter, cause set for trial and judgment 
 had same day if desired by plaintiff", unless continuance had by defendant. 
 Common law pleadings and practice may be used, but code practice mostly 
 adopted. 
 
 Administration of Estates of Deceased Persons. — Letters of adminis- 
 tration are granted : 1st. To husband or widow. 2nd. To next of kin. 
 •'d. To the largest creditor. 4th. To public administrator, if no one applies 
 in six months. 
 
 Funeral expenses of administration and debts due the state, classed as 
 preferred debts, and none others allowed as such. Claims against estate 
 must be proven and presented or sueil on in two years and six months from 
 £[ualification of administrator, or they are barred. 
 
 Assignment. — Must be general, no preference allowed, but act does not 
 prohibit execution of mortgage or deed of trust, as security for loan of 
 money or sale of property made contemporaneously. Assignee must give 
 bond in amount of property, unless released by creditors in writing ; make 
 tioie and perfect schedule of assets assigned, and make complete report of 
 sale. In case of assignment of choses in action, actual notice must be given 
 to the debtor. 
 
 Attachment. — May be sued out as original, or ancillary in aid of suit 
 already commenced. Some twelve or more grounds of attachment exist 
 under the code, chief of which are : non-residence of defendant, concealing 
 himself, fraudulent disposition of his property, absconding, etc. Where 
 debtor and creditor are non-residents of Teimessee and residents of same 
 ..state, the creditor shall not attach, unless the property has been fraudulently 
 removed to evade process in their state. 
 [Tepn. 2.]
 
 726 TENNESSEE. 
 
 Aliens. — Whether resident or non-resident of United States may take, 
 hold, sell or devise property, real or personal, same as a native citizen. 
 
 Arrest. — There is no arrest or imprisonment for debt on civil process. 
 
 Affidavits. — May be administered by judges, chancellors, clerks of courts 
 of record, justices of peace, notaries public and others. 
 
 Appeals. — May be taken to circuit court from judgment of justice of the 
 peace, if prayed and bond given, within two days from rendition of judg- 
 ment, Sundays excepted. Appeal may be had from circuit and chancery 
 court to supreme court of state upon prayer therefor, and bond given in term 
 time or writ of error, subsequently prosecuted. 
 
 Banks and Bankers. — Allowed to conduct business, either under charter 
 procured or in private capacity, upon paying required tax and securing 
 license from local authorities. 
 
 Bills of Exchange and Promissory Notes.— Negotiable, and holder may 
 maintain joint action against maker and any one or more of the indorsers, 
 or joint and several action against any one or more of the indorsers. Nego- 
 tiable paper falling due on January 1st, 4th of July, 25th of December, or 
 any day appointed by president or governor as day of fast or thanksgiving, 
 is due on day previous, vmless such previous day is Sunday, then on Satur- 
 day preceding. Demand notice and protest usually required, excused by 
 epidemics, made fifteen days after same declared at an end by health authori- 
 ties sufficient. 
 
 Bills of Lading and Warehouse Receipts. — Both negotiable, latter not 
 to be used until produce is delivered and strict statutory regulations forbid- 
 ding sale of produce until surrender of receipt. 
 
 Conditional Sales of Personal Property.— Not favored, but valid as to 
 all persons without registration, if vendor expressly retains the title in him- 
 self until same is paid for, and he may retake same in default of payment. 
 
 Corporations. — Domestic and Foreign. — Ample statutory provisions for 
 cheap and speedy organization of former for all purposes, by registration of 
 form of charter in county where local office is desired, and at Nashville. 
 
 Foreign corporations authorized to transact business in this state ; to ex- 
 tend railroad into state may require local charter also. 
 
 Costs, Security for. — Clerks of courts of record shall, and justice of the 
 peace may, require all plaintiffs to give security for costs, before process 
 issued, unless proper oath is taken, which is only allowed for citizens of the 
 state. 
 
 Courts.' — Termn and Jurisdiction: 
 
 Courts of record, consisting of Circuit Court holding three terms annually, 
 and Chancery Court with two terms annually, have general and now concur- 
 rent jurisdiction in all cases involving over $50, except actions for injuries to 
 person, property or character, or involving unliquidated damages, cannot be 
 brought in chancery court. 
 
 Justices of the Peace, whose courts are always open, have jurisdiction in 
 equity up to $50 ; upon notes signed by the parties or upon indorsements, 
 where demand and notice are waived, $1,000; upon accounts and other evi- 
 dence of debt for recovery of property ; in all cases of damages, except 
 libel and slander, $500. Enforce mechanics' lien for any sum within his 
 jurisdiction. 
 
 ITenn.S.]
 
 TENNESSEE. 727 
 
 Court Calendar. — 
 
 UNITED STATES COURT. 
 
 Associate Justice iSuprcmr Court, Tlow. Stanley Matthews, Cim^iniiati, Ohio; CVr. 
 euii Jiiclffc, How e\l E. Jackson, Nashville; JJistricl Jud(/e, MidiVij ami Kastern Dis- 
 tricts, D. M. Key, Chattanooga ; Wostcirn District, p]li S. Hamnioii, Mciiipliis. 
 
 lerms. — Mtstern JHvi.sioii, i\t ChutUinooga, 1st Monday April, Octolicr ; at Knox- 
 ville. 2d Monday January, July ; Middle Division, at Nashville, o<l Monday April, 
 October; Western J)ivisiov, at Memphis, 4th Monday May, Novcmher; at Jackson, 
 4th Monday April, October. 
 
 STATE SUPREME COURT. 
 
 Chief Justice, Hon. Peter Tuiney, Winchester; Axsoeiate Justices, H. H. Ijnrton, 
 Clarksville; \V. C. Caldwell, Trenton; \V. (J. Kowlkes, Memphis; J ). L. Snodgrass, 
 Chattanooga; Clerks, N. Baxter, Nashville; J. W. Buford, Jackson; PL C. Reeves, 
 Knoxville. 
 
 Terms. — Eastern Division, at Knoxville, 2d Monday September of each year; 
 Middle Division, at Nashville, Ist Monday December of each year; IVestern Division, 
 at Jackson, 1st Monday April of (^ach year. 
 
 CIRCUIT COURTS. 
 
 TIMK OF HOLDING. 
 
 First Circuit. — Jolinson county, 3d Monday March, July, November; Carter 
 county, 2d Monday March, July, November; Sullivan county, at Bristol, 4th Monday 
 March, July, November ; Sullivan county, at Blountville, 1st Monday after 4th Mon- 
 day March, July, November ; Washington covmty,Sd Monday after 4th Monday March, 
 .Fuly, November; Unicoi county, 1st Monday, March, July, November; Greene county, 
 2d Monday February, June, Octolier; Hawkins county, 4th Monday January, May, 
 September; Hancock county, ;^d Monday January, May, September. 
 
 Second OVcui/.— Claiborne county, 1st Monday March, July, November; Campbell 
 county, 3d Monday February, .lune, October* (irainger county, 4th Monday April, 
 August, December; Union (county, 4th Monday February, Juiie, October ; Hamblen 
 county, 1st Monday April, August, December; JetTerson county, 2d Monday April, 
 August, December; Cocke county, 4th Monday March, July, November; Anderson 
 county, 2d Mcmday February, June, October ; Sevier county, 3d Monday March, July, 
 November; Criminal Court of Knox county. 1st Monday January, May, September.' 
 
 Third Circuit. — Knox county, 4th Monday F'ebruary, May, October; Blount 
 county, 4th Monday January, May, September; Monroe county, 2d Monday .January, 
 May, September; Loudon county, 4th Monday April, August, September; Roane 
 county, 2d Monday April, August, December; Morgan (bounty, 4th Monday March, 
 July, November; Scott county, 1st Monday Ai)ril, August, December; Fentress 
 county, 3d Monday March, July, November, by.Tud'j:e Ith Circuit. 
 
 fourth Cimiit. — Bradley county, 1st Monday January, May, Septemher; Polk 
 county, 4th Monday February, 1st Monday .\ugust, December; Hhea county, at 
 Washington, 1st Monday March, July, November; Ubea county, at Dayton, 1st Mon- 
 day after 2d Monday January, May, September; Marion county, 4th Monday March, 
 July, 3d Monday November; Hamilton cxjunty, ;-!d Monday January, May, Septem- 
 ber, for criminal business; Ith Monday February, June, October, for civil business, 
 and continue as long as necessary; .VIcMinn county, 2d Monday .\pril. Augus(| 
 December; .lames county, 1st Wednesday after 3d Monday April, August, Deceinbcr;' 
 Meigs county. 2d Monday .March, .luly, 4th Monday October; Bledscx^ count v, 1st 
 Monday April, 2d .Monday Sei)tember; Sequatchie county, 3d .Monday March, 2d 
 Monday November, 
 
 Fifth (ircuit.—Pntnnm county, 2d Monday January, Mav, .^ept«mber ; Cumber- 
 land county, 1st Monday after 4th Monday January, May, September; White county 
 3d Monday January, May, Scpteiiibcr; Picket t coimt v. 2(1 .M<mday after 4th Monday 
 January, May, Sei.temher; Overton county, 3(1 Monciav after 4th" Monday January, 
 May, September; Clay county. 4tli Mon. after tth M oil. . January, Mav, .'^"ept(^mber; 
 Jackson county, 1st Monday M;irch, July. November; .Macon county, 3d .Monday 
 March, July, November; Trousdale county, 4th Monday March, .fuly, November": 
 Smith county, 1st Monday after 4th Monday March, .Tuly, November. 
 
 fHr.th Circuit. —Yiin Buren county, 3d Monday .April, August, December; fJrundy 
 county, 4t.h Monday April, .August, December; Franklin county, 1st Tuesday after 
 1st Monday April, August, December; C(»(tee county, 1st Monday J.anuarv," May. 
 September ; Warren county, 1st Thursday after 2d Monday January ."May, September- 
 Moore county, 1st Tuesday after 1st Monday F(^bruarv, .Tune, <)ct(iber; liincoln 
 <!ounty, 1st Tuesday after 2d Monday February, June, October ; DeKalb county, ;!d 
 Monday March, .July, November. 
 
 Seventh Circuit.— DnvUlson county, 2d Mfinday .lanuary, 1st Mondav May. 3d 
 Monday September; Williamson (tounty, 1st Monday March, .lulv, November; 
 (Theatham county, 3d Monday February, .fune, October; Criminal Courts of DuviiLion 
 and Rutherford (minti/, Davidson county, 1st Monday .Tanuarv, Ma.y, September; 
 Rutherford county, 1st Mond.ay April, ,\ugust, December. 
 
 hXfjhth 0(>ci/?7.— Rutherford county, Tuesday after 4th Afondav Febrnnry, June. 
 October; Bedford county, Tuesday aft^^'r the 1st Mond.ay in April, August, De(''ember ; 
 Wilson county, 2d Monday January, Alay, September; Cannon county, 2d Monday 
 February, June, October ; Marshall county. 
 
 iTcnn. 4.]
 
 728 tp:nnessee. 
 
 Ninth CifcuU.— Maury county, 1st Monday January, May, September; Lewis 
 county, 1st Tuesday alter 1st Monday February, June, October ; Hickman county, 2d 
 Monday February, June, October; Hardin county, 1st Monday Marcli, July, Novem- 
 ber; \Vayne county, ad Monday Marcli, July, November; Lawrence county, 4th 
 Monday Marcli, July, November ; Giles county, 1st Monday April, August, December. 
 
 Tenth Circuit. —Humnev county, :^d Monday February, June, October ; Robertson 
 county, 1st Monday February, June, October; Montgomery county, 1st Monday 
 January, May, September; Stewart county, 2d Monday April, August, December ; 
 Houston county, 1st Monday April, August, December; Dixon county, Sd Monday 
 Marcli, July, November; Humphreys <!Ounty, 4th Monday March, July, November; 
 Criminal Court of Montgomery county, 4th Monday January, April, 2d Monday 
 December. 
 
 Eleventh CircMi^.— Madison county, 2d Monday Januarj', 3d Monday, May, 
 September; Cliester county, 3d Monday February, June, October ; McNairy county, 
 4th Monday F'ebruary, June, October; Henderson count.y, 2d Monday P.larcli, Jul.y,. 
 November; Decatur county, 4tli Monday March, July, November; Perry county, 
 1st Monday April, August, December; Benton county, 2d Monday April, August, 
 December. 
 
 Twff/th Circuit. — Obion county, at Troy, 1st Monday March, 2d Monday July, 
 November; Obion count.v, at Union City, 3d Monday February, June, October; 
 Carroll county, 1st Monday January, May, September; Henry county. od Monday 
 January, May, September ; Weakley county, 1st Monday February, June, October; 
 Gibson county, at Humboldt, 3d Monday March, July, November ; Gibson county, 
 at Tn^nton, 1st Tuesday after 1st Monday April, August, December ; Crocket county, 
 3d iMonday April, August, December; Haywood county, 4tli Monday April, August, 
 December. 
 
 Thirteenth Circuit, — Hardeman county, 1st Tuesday January, May, September ; 
 Fayette county, 3d Tuesday January, May, September ; Tipton county, 2d Tuesday 
 February, June, (October; Lauderdale c«unty, 1st Tuesday March, July, November; 
 Dyer county, 3d Tuesday March, Jul.y, November; Lake county, 2d Tuesday April, 
 August, December. 
 
 Fourteenth 0»Ti/i7.— Shelby county, at Memphis, 3d Monday January, March, 
 May, September, November; Criminal Court Shelby t:ount.v, ;id Monday January, 
 May, September. 
 
 CH.\NCERY COURTS. 
 
 First Choncer.i/ Division.— .lohm^on county, 3d Monday Februarj', 2d Monday 
 August; Carter county, 2d Monday Fei)ruary, 1st Monday August; Washington 
 count.y, 41 li Monday May, November ; Sullivan county, at Bristol, 4th Monday Juno, 
 December; Sullivan county, at Blountville, 2d Monday June, December; Hawkins 
 county, 4th Monday April, October; Greene county, 2d Monday May, November ; 
 Hancock county, 2d Monday March, 3d Monday August; Claiborne county, 2d Mon- 
 day April, October; Grainger county, 3d Monday April, October ; Jefferson county, 
 2d Monday January, July; Cocke county, Ith Monday F'ebruary, August; Hamblen 
 county, 3d Monday January, July ; Unicoi county, 1st Monday January, July. 
 
 Second Chanceri/ Division .—Koane county, 2(1 Monday January, July; Scott 
 county, 1st Monday March, September; Morgan county, 2d Monday March, Septem- 
 ber; Anderson county, 3d Monday March, September; lilount count.v, 3d Monday 
 April, October; Sevier county, 4tli Monday April, October ; Campbell county, 1st 
 Monday Ma.y, November; Union count.v, 2d Monday May, November; Laudon 
 county, 3d Monday May, November; Knox county, 4th Monday May, November. 
 
 Third Chanerrt/ Birision. — Bradley county, 3d Monday January, .Tune; Grundy 
 county, 1st Monday January, June; Hamilton county, ]st Monday April, September; 
 James county, 4th Monday January, July; McMinn county, 1st Monday February, 
 August; Marion county, 2d Monday F\'bruary, August; Monroe county, 3d Monday 
 February, August; Rhea county, 4th Monday March, 1st Monday October; Polk 
 county, 4th Monday Feliruary, 1st Monday August, December; Meigs county, 2d 
 Monday March. July, 4th Monday October; Bledsoe county, 1st Monday April, 2d 
 Monday September ; Sequatchie county, 3d Mondaj^ March, 2'd Monda.y November. 
 
 Fov.rth Cltancrn/ Divi.iion.— Warren county, 2d Monday May, November; Coftee 
 county, 2d Monday^Februar.v, August; liincoln count.v, 2d Monday'May, November; 
 Marshall count.y, Tuesday after 1st iVIonday June, December; Rutherford count.y, 
 3d Monday April, October ; Bedford county, 1st Monday March, September; Franklin 
 county, 4th Monday Januar,y, June; Moore county, 4th Monday February, August; 
 Cannon county. 
 
 FiftJi Chancer)/ iOioiiio/i.— Cumberland County, 1st Thursday after 3d Monday 
 March, September; Fentress county, 3d Monda.v March, September; Pickett count.y, 
 1st Thursday after 2d Monday Marcli, September; Overton county, 1st Monday April, 
 October; Clay county, 2d Monda.y April, October; .lack.son county, 1st Monda.y 
 February, Septeml)cr; Putnam count.v, last Monday February, August; Wliite 
 count.v, 4th Monda.y March, Septemtjcr; D(!Kalb countv, 3d Monday February, 
 August; Smith county, 4th Monday April, October; Macon county, 3d Monday 
 April, October. 
 
 Sixth Clianceii/ /»t);mon.— Davidson county, 1st Monday April, October ; William- 
 .son county, 1st Monday June, December. 
 
 Seventh Chanrerii Din'..iio7i.—M:>u\-y county, 1st Monda.v April, October; Giles 
 county, 3d Monday Februar.y, 1st Monday Septemt)er ; Lawrence count.y, 2d Monday 
 
 [Tenn. 5 ]
 
 TENNESSEE. 729 
 
 May, November; Lewis county, 1st Thursday after 1st Monday March, September ; 
 Wayne county, 1st Monday May, November; Hardin county, M Monday April, 
 October; Perry county, 2d JNIouday March, September; Decatur county, od Monday 
 March, September; Hicknum county, 1st Monday March, September; Dicltson 
 county, 1st Monday June, December ; Beiaton county, 3d Monday J une, December ; 
 
 Eigidh Chanccrij /Xti.sjoji.— Sumner county, 1st Monday June, December ; Robert- 
 son county, 2d Monday May, -Ith Monday November ; Montgomery county, 3d Mon- 
 day April, 1st Monday October; WiNon county, 3d Monday March, 4th Monday 
 October; Stewart county, 1st Monday Marcli, September; Houston county, 1st 
 Thursday after 1st Monday Mardi, September; Humphreys county, 2d Monday 
 January July; Cheatham county, 1st Tuesday after 2d Monday March, September ; 
 Trousdale county, od Monday January, June. 
 
 Ninth Chancer^ 7)z w«on.— Hardeman county, 3d Monday March, September; 
 McNairy countyj 2d Monday April, October; Cliestcr county; 4th Monday April, 
 September- Madison county, 2d Monday .lanuary, July ; Oockett county, 4th Mon- 
 day May, November; Henderson county, 1st Monday May, November; Carroll 
 county, ist Monday February, August; Henry county, 1st Monday June, December. 
 
 Tenth Chancers/ Divltion. — Fayette county, 1st Monday February, August; Tipton 
 county, 3d Monday March, September; Haywood county, 1st Monday January, July ; 
 Lauderdale county, Ist Monday June, December ; Dyer county, 3d Monday June, 2d 
 Monday December ; Obion county, at Troy, 2d Monday April, October ; Obion county, 
 at Union City, 4th Monday January, July; Weakley county, 2d Monday January, 
 July; Gibson county, at Trenton, 1st Monday May, November; Gibson county, 
 at Humboldt, 2d Monday February, August; Lake county, 2d Tuesday April, 
 August, December. 
 
 Eleventh Chancery Division. — Shelby county, 1st Monday April. October. 
 
 Curtesy. — On marriage and birth of issue, the husband becomes tenant 
 by curtesy, initiate, in lands of wife, which is consummated by death of wife, 
 the husband surviving. These several requisites are alike necessary and in- 
 dispensable. 
 
 Deeds. — Until registered, are not good, except between parties and priv-ies, 
 and lands so held subject to debts of both vendor and vendee. Wife must 
 join in deed to convey homestead. Registration without proper probate is 
 invalid. 
 
 . Form of Deed. 
 
 For and in consideration of the sum of dollar.*;, to me in hand paid, 
 
 the receipt whereof I do hereby acknowledge, I, , have this day bar- 
 gained and sold, and by these presents do transfer and convey unto , his 
 
 heirs and assigns, a certain tract or parcel of land as follows : (Here give 
 description.) To have and to hold the said tract or parcel of land, with the 
 
 ijippurtenances, estate, title and interest thereto belonging, to the said , 
 
 his heirs and assigns forever. And I do covenant with the said that I 
 
 am lawfully .seized and possessed of said land, have a good right to convey 
 it, and that the same is unencumbered. And I do further covenant and bind 
 myself, my heirs, and representatives, to warrant and forever defend the 
 
 title to said land to the said , his heirs and assigns, against the lawful 
 
 claims of all persons whomsoever. 
 
 Witness my hand this day of , 18 — . 
 
 Descent and Distribution. — Descent : Land of intestate owner without 
 reference to source of title. 1. By s(ms and daughters cqvially, or their 
 lineal descendants. 2. If no issue, nor brothers or sisters, nor their issue, to 
 living parent. Distribution of personal estate : 1. To widow and children 
 equally, widow taking child's share. 2. To widow altogether, if no children 
 nor descendants of children. 3. To children or descendants, if no widow. 
 4. If no children, to father. 5. If no father, to mother, and brothers and 
 sisters equally, fi. If no brothers or sisters, or their children, exclusively to 
 mother. 7. tf no mother, brother or sister, to next of kin equally. 
 
 Depositions. — May be taken on notice of time and place, and before clork 
 of court of record or notary public, cither in or out of state. 
 
 ITenn. 6.]
 
 730 TEX^'ESSEE. 
 
 Form of Deposition. 
 The caption and certificate prescribed are as follows : 
 
 In the court, county, state of 
 
 Depositions of and witness for (plaintiff or defendant), at , 
 
 in the above case, taken upon notice (or interrogatories) on the day of 
 
 , 18 — , at , in the presence of the plaintiff and defendant (as the case 
 
 may be). The said witness, aged , being duly sworn, deposed as 
 
 follows : 
 
 The closing certificate is as follows : 
 
 The foregoing depositions were taken before me, as stated in the caption, 
 and reduced in writing by me (or by the witnesses in my presence. And I 
 certify that I am not interested in the cause, nor of kin or counsel to either 
 of the parties, and that I sealed them up and delivered them (or ])ut them in 
 the post-offiiH!, or delivered to express), without being out of my possession 
 or altered after they were taken. 
 
 Given under my hand the day of , 18 — . {Signature.^ 
 
 Divorce. — May be granted either by circuit or chancery court, and there 
 are ten causes for divorces from the bonds of matrimony, and three or four 
 from bed and board, and from the bonds, at discretion. 
 
 Dower. — Widow of intestate entitled to dower so as to give her one-third 
 in value of all lands of which her husband died seized and possessed, or of 
 which he was equitable owner, including lands mortgaged, when husband 
 dies before foreclosure ; provided, dower not barred by joint conveyance of 
 husband and wife. 
 
 Executions. — Issue from courts of record within thirty to forty days after 
 adjournment without demand, or upon rendition of judgment on affidavit 
 showing cause, and are returnable to succeeding term ; from justices court 
 after two days from rendition of judgment, or at expiration of stay, or im- 
 mediately on good cause showing affidavit, and are returnable in thirty days. 
 
 Exemptions. — Homestead to each head of family whether living on it or 
 not, $1,000. Personal property consisting of household goods, stock, sup- 
 plies, tools, etc., in all about $1,500. Wages of mechanics and laborer to 
 amount of $30, also exempt. 
 
 False Pretense. — Obtaining money or property under, three to ten years 
 in the penitentiary. If exercise of prudence and caution would have enabled 
 party to avoid the imposition, no conviction be had. 
 
 Frauds, Statutes of. — The following are within : 1. Promise of adminis- 
 trator to answer debt out of his own estate. 2. Promi.se to answer for debt, 
 default or miscarriage of another. 8. Agreement made upon consideration 
 of marriage. 4. Contract for sales of land, or lease therefor longer than one 
 year. 5. Agreement or contract not to be performed in one year from 
 making. 
 
 Garnishment. — May be had on execution or by attachment ; shall only 
 affect that portion of laborer's wages due at time of service. — {See Exemp~ 
 Hon. ) 
 
 Grace. — Three days allowed, except on bills of exchange payable at 
 sight. 
 
 Homestead. — ( See JSxemptions. ) 
 
 ITeim.74
 
 TENNESSEE. 731 
 
 Interest and Usury. — Legal rate, six per cent. Contract for morn is 
 void as to excess. Instniment showing usury on its face cannot be sued on. 
 Usury collected may be recovered by party paying it, his representative or 
 judgment creditor. 
 
 Judgments. — In courts of record, rendered in county of defendant's resi- 
 dence, are lien on his lands for one year, if sale made thereof under execu- 
 tion in that time. If rendered in other than county of defendant's residence, 
 such lien only from time of registration of copy of judgment in his county. 
 
 Justice of tlje Peace. — {See Courts.) 
 
 Liens. — Exist in favor of mechanics, contractors, sub-contractors, found- 
 ers, machinists, journeymen, or other person employed by such mechanic, for 
 work done or material furnished. Landlord has lien on crop for rent of 
 land and for food and clothing furnished tenants to enable them to make 
 erop. Liens on realty, vendor's deeds of trust, etc., barred, uidess suit to 
 enforce same is brought within ten years from maturity of debt. 
 
 Limitations of Actions or Suits. — Actions must be commenced : To 
 recover money lost at gaming, ninety days. For slanderous words, within 
 six months. For libel, malicious prosecution, personal injuries, false impri- 
 sonment, seduction, breach of promise of marriage, within one year. For 
 injury to personal or real property, detention or coavertion of personal projv 
 erty, acting against suits of collecting officer for money collected, within 
 three years. Upon contracts, notes, etc., within six years. Against guard- 
 ians, executors, etc., or their bonds; actions on judgments of courts of 
 record of this or other state ; to enforce vendor's liens, mortgages and all 
 other cases not expressly provided for, ten years. Revivor : Acknowledg- 
 ment of debt and promise to pay ; partial payment not sufficient. To 
 recover land adversely held within seven years, demands of agents' f;clmini.<- 
 trators must'be presented or sued on in two years and six months, if resi- 
 dent, and three years and six months, if non-resident. 
 
 Limited Famership. — For tlie transaction of any business, excepting 
 banking or insurance, may be formed under articles of partnership, subject 
 to conditions of code. 
 
 Married Women. — May hold real and personal property separate from 
 the husband, and not liable for his debts ; may eni]iloy husband as agent to 
 invest her money and he may become her debtor. Rents and profits of wife's 
 lands not subject to her husband's debts. May sue alone if husband has 
 deserted her, or is an alien living abroad, or ascertained to be insane by ver- 
 dict of jury. In petitions for divorce, sues in her own name. She may dis- 
 pose of her real estate by will, but not so as to defeat the curtesy. Married 
 woman incapable of binding herself by contract, and note given by her is 
 void either as principal or security. Deeds mu.st be signed by her and privy 
 acknowledgment had under form j)rescribi;d by statute to bind her. 
 
 Mechanics' Liens. — {See Liens.) 
 
 Minors. — Must sue by next friend. Contracts of, generally void, except 
 for necessaries, such as diet, apparel, lodging, medicine, etc. If contract of 
 oncertain nature, voidable only at election of the minor. 
 
 Mortgages and Deeds of Trust. — The latter in most general use ; can 1)6 
 foreclosed without resort tt) courts where trustee is designated therein and 
 that power given him ; take effect from registration only as to third parties. 
 I£ title expressly retained by seller of a chattel in himself, no registration or 
 other notice necessary, but he may retake it from innocent purchaser for 
 ITenn. 8.1
 
 732 TENNESSEE. 
 
 value without notice wherever found in the state, if purchase price remains 
 unpaid. It is a felony for maker of registered mortgage of personal prop- 
 erty to dispose of same with purpose of depriving beneficiary of same. 
 
 Form of Mortgage. 
 
 I hereby convey to the following land (describing it), to be void ux>oa 
 
 condition that I pay, etc. 
 
 Forvi of Deed of Trust. 
 
 For the purpose of securing to a note of this data^ due at twelve 
 
 months, with interest from date (or as the case may be), I hereby convey to 
 
 , in trust, the following property (describing it) ; and, if the note is not 
 
 paid at maturity, I hereby authorize to sell the property herein con- 
 veyed (stating the manner, place of sale, notice, etc.), to execute a deed to 
 the purchaser, to pay off the amount herein secured, with interest and cost, 
 and to hold the remainder subject to my order. 
 
 Notes and Bills of Exchange. — {See Bills, etc.) 
 
 Oatlis and Affidavits. — (-See Accounts.) 
 
 Partnership. — May be created by contract, conduct and statement of 
 partners, or by sharing profits. Contracts to bind finn must be in its name 
 and for its benefit. Sale of goods to one partner within scope of known 
 business of firm, is sale to partnership, but void as to firm if sold on his pri- 
 vate account. Death, retirement, or insanity of partner, or introduction of 
 new one, operates a dissolution of partnership. 
 
 Proof of Claims. — {See Accounts.) 
 
 Hedemption. — Two years allowed to redeem land sold at execution sale.s 
 and under decrees or foreclosures of mortgages and deeds of trust, where 
 equity of redemption is not expressly waived in the instrument. 
 
 Replevin. — Lies where goods or chattels are wrongfully seized or detained; 
 when property seized or detained does not exceed $500 in value, action may 
 be brought before ju.stice of the peace. Plaintiff' or agent or attorney must 
 make oath, and give bond in double the value of property before issuance of 
 writ. 
 
 Seals. — Use of private seals in written contracts, except seals of cori)ora- 
 tions, is abolished by statute. 
 
 Security for Costs. — {See Costs.) 
 
 Stay of Execution. — On all judgments before justice of the peace, the 
 defendant is entitled to stay of execution for eight months, upon entering 
 good security for the debt, interest and costs on the justices' docket, within 
 two days after rendition of judgment, Sundays excepted. 
 
 Suits.— ( St^e A ctions. ) 
 
 Taxes. — Are lien on real estate upon which assessed, and attach as be- 
 tween vendor and vendee lYom January 10th for current year, payable about 
 November of year assessed. State tax, 45 cents on every $100 worth of tax- 
 able property, 1887-8 ; county tax cannot exceed this. Merchants pay (ul 
 valorem tax o{ 45 cents on each $100 of average capital invested by them. 
 Taxes delinquent and bear interest from first Tuesday of February follow- 
 ing tbeir assessment. 
 
 [Term. 9.]
 
 TENNESSEE. 733 
 
 Trust Deeds —(-See Mortgages.) 
 
 Usury. — {See Interest.) 
 
 Wages. — {See Exemptions.) 
 
 Wills. — To be in writing to convey lands, signed by two disinterested wit- 
 nesses ; but paper writing found among valuable papers of deceased, appear- 
 ing to be his will, with name subscribed thereto, or inserted in some part of 
 it, good if proven by three credible witnesses. Nuncupative, not good where 
 estate exceeds $250, unless proved by two disinterested witnesses, nor proved 
 after six months, unless put in writing within ten days from making. Pro- 
 bated where testator had usual residence. 
 
 Witnesses. — Magistrate or clerk may issue subpona for; parties to suit 
 and defendants in criminal prosecutions, now competeot to testify in their 
 ywn behalf. 
 
 ITenn, la]
 
 734 
 
 TENNESSEE. 
 
 ATTORNEYS II^i TENNESSEE. 
 
 Bold Face Typo denotes county seats. A dash (— ) less than 100 population. 
 Figures after names when admitted to the Bar. A star (*) Notaries I'ublic. 
 A double dagger (I) our Compiler of Laws. 
 A dagger (f) torjner recommendations withdrawn. 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. POPULA*N. 
 
 Alamo 
 
 Crockett 
 
 W. F. Poston. 
 
 250 
 
 Altamont 
 
 Grundy 
 
 Lind & Woodlee. 
 
 100 
 
 Ashland City 
 
 ChatLam 
 
 L. S. D. Power. 
 
 500 
 
 Athens 
 
 McMinu 
 
 Blizard & Son. 
 
 1,259 
 
 Benton 
 
 Polk 
 
 James Parks. 
 
 183 
 
 Blountville 
 
 Sullivan 
 
 C. J. St. John. 
 
 300 
 
 Bolivar 
 
 Hardman 
 
 A. J. Coates. 
 
 1,043 
 
 Bristol 
 
 Sullivan 
 
 N. M. Taylor. 
 
 3,000 
 
 Brownsville 
 
 Haywood 
 
 H. J. Livingston. 
 
 2,564 
 
 Bjrrdstown 
 
 Pickett 
 
 S. M. Turner. 
 
 — 
 
 Camden 
 
 Benton 
 
 T, Davidson. 
 
 525 
 
 Celina 
 
 Clay 
 
 Hon. J. A. Tite. 
 
 200 
 
 Centreville 
 
 Hickman 
 
 O. H. Nixon. 
 
 450 
 
 Charlotte 
 
 Dickson 
 
 W. L. GrigfTsby. 
 
 350 
 
 Chattanooga 
 
 Hamilton 
 
 J t Creed F. Bates, 
 
 ^ See Curd in Appendix, page xxiv. 
 
 25,500 
 
 Clarksville 
 
 Montgomery 
 
 John F. House. 
 
 5,000 
 
 Cleveland 
 
 Bradley 
 
 S. P. Gaut. 
 
 2,000 
 
 Clinton 
 
 Anderson 
 
 Hon. W. R. Hicks. 
 
 800 
 
 Colimibia 
 
 Maury 
 
 (, PIUGHES, '70, & 
 
 i HATCHER, '7r>. 
 
 3,400 
 
 Cookville 
 
 Putnam 
 
 H. H. Dillard. 
 
 400 
 
 Covington 
 
 Tipton 
 
 Sanford, '67, & Young, '79. 
 
 798 
 
 Crossville 
 
 Cumberland 
 
 W. A. llarnby. 
 
 100 
 
 Dandridge 
 
 Jeffenson 
 
 Pickle & Turner. 
 
 1000 
 
 Dayton 
 
 Rhea 
 
 T. N. L. CUNNYNGH AM, '09. 400 
 
 Decatur 
 
 Meigs 
 
 Smith & Robeson. 
 
 300 
 
 Decaturville 
 
 Decatur 
 
 J. W. Dolurty. 
 
 252 
 
 Dresden 
 
 "Weakley 
 
 H. H. Barr. 
 
 600 
 
 Dyersburgh 
 
 Dyer 
 
 Parks & Draper. 
 
 3,000 
 
 Elizabethton 
 
 Carter 
 
 J. N. EDENS. '86 
 
 362 
 
 Erin 
 
 Houston 
 
 J. S. Lee. 
 
 485 
 
 Fayette ville 
 
 Lincoln 
 
 J. H. HOLMAN & CARTER. 
 
 2,104 
 
 Franklin 
 
 Williamson 
 
 N. N. Cox. 
 
 2,000 
 
 Gainesborough 
 
 Jackson 
 
 R. A. Cox. 
 
 353 
 
 GaUatin 
 
 Sumner 
 
 B. F. Allen. 
 
 3,500 
 
 Greenville 
 
 Greene 
 
 James Armitage. 
 
 1,066 
 
 Harts ville 
 
 Trousdale 
 
 John S. McMurray. 
 
 604 
 
 Henderson 
 
 Chester 
 
 F. O. Nillard., 
 
 700 
 
 Humboldt 
 
 Gibson 
 
 W. M. McCall. 
 
 2,000 
 
 Huntingdon 
 
 Carroll 
 
 H. C. Townes. 
 
 1,300
 
 
 TENNESSEE- 
 
 735 
 
 I'l.ACK. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. POPULA'N. 
 
 Huntsville 
 
 Scott 
 
 Lindsay & Baker. 
 
 l.W 
 
 Jacksborough 
 
 Campbell 
 
 J. E. Johnston. 
 
 300 
 
 Jackson 
 
 Madison 
 
 Pitts, Hays «& Meeks. 
 
 5,377 
 
 Jamestown 
 
 Fentress 
 
 8. V. Bowden. 
 
 200 
 
 Jasper 
 
 Marion 
 
 Spears & Spears. 
 
 1,014 
 
 Johnson City 
 
 Washington 
 
 ISAAC IIARR. 
 
 1,000 
 
 Jonesboro' 
 
 Washington 
 
 HON. S. KHIKPATRICK. 
 
 •66 800 
 
 Kingston 
 
 Koane 
 
 W. H. DIETZ. 
 
 858 
 
 Knoxville 
 
 Knox 
 
 • Andrews & Thomburg. 
 
 36,700 
 
 La Fayette 
 
 Macon 
 
 M. N. Alexander. 
 
 372 
 
 Lawrenceburg 
 
 Lawrence 
 
 G. H. Nixon. 
 
 810 
 
 Lebanon 
 
 Wilson 
 
 E. E. Beard. 
 
 2,296 
 
 Lewisbiirgh 
 
 Marshall 
 
 W. W. Walker. 
 
 460 
 
 Lexington 
 
 Henderson 
 
 W. T. Logan. 
 
 329 
 
 Linden 
 
 Perry 
 
 J as. L. Sloan. 
 
 250 
 
 Livingston 
 
 Overton 
 
 W. W. Goodpasture. 
 
 315 
 
 London 
 
 London 
 
 Chambers & McQueen. 
 
 1,070 
 
 Lsmchburg 
 
 Moore 
 
 Holman & Parks. 
 
 814 
 
 McMinnville 
 
 Warren 
 
 W. E. B. Jones. 
 
 1,500 
 
 Madisonville 
 
 i^Ionroe 
 
 Stephens & Hicks. 
 
 500 
 
 Manchester 
 
 Coffee 
 
 P. C. Isbell. 
 
 438 
 
 Maryville 
 
 Blout 
 
 W. A. McTeck. 
 
 1,500 
 
 Maynardsville 
 
 Union 
 
 C. Acuff. 
 
 100 
 
 Memphis 
 
 Shelby 
 
 W. D. Beard. 
 
 55,000 
 
 Milan 
 
 Gibson 
 
 V. L. Ware. 
 
 3,000 
 
 Morristown 
 
 Hamblen 
 
 King, Gammon & Laffeity. 
 
 3,000 
 
 .>[ossy Creek 
 
 Jefferson 
 
 CHAS. B. BRANNER. 
 
 300 
 
 Murfreesborougli 
 
 Rutherford 
 
 Palmer & Palmer, 
 f G. N. TILLMAN, 
 1 8 Cole Building. 
 
 3,000 
 
 Ifashville 
 
 Davidson 
 
 ■; E. T. Fleming, 
 
 43,561 
 
 
 
 I Room 31 Cole Buildir 
 
 'g- 
 
 
 
 L t F. Reddick. 
 
 
 NewbeiTi 
 
 Dyer 
 
 T. W. Buniey. 
 
 1,500 
 
 ITewport 
 
 Cooke 
 
 W. C. Anderson. 
 
 347 
 
 Ooltewah 
 
 James 
 
 J. P. Parker. 
 
 :300 
 
 Paris 
 
 Henry 
 
 Aden & Williams. 
 
 1,767 
 
 Pikeville 
 
 Bledsoe 
 
 F. H. Mercer. 
 
 225 
 
 Fnlaski 
 
 Giles 
 
 .Jones, Son & Ewing. 
 
 2,089 
 
 Purdy 
 
 McNairy 
 
 A. McDougal. 
 
 325 
 
 Ripley 
 
 Lauderdale 
 
 James Oldham. 
 
 1,100 
 
 Rockwood 
 
 Roane 
 
 F. D. Owing. 
 
 1,011 
 
 Rodgersville 
 
 Hawkins 
 
 McDermott & Kyle. 
 
 1,230 
 
 Rutledge 
 
 Grainger 
 
 A. S. Tate. 
 
 250 
 
 Savannah 
 
 Hardin 
 
 J. C. Mitchell. 
 
 1,006 
 
 Sevierville 
 
 Sevier 
 
 Pickle, Turner & McMahon, 
 
 400 
 
 Shelbyville 
 
 Bedford 
 
 Cooper & Frierson. 
 
 3,600 
 
 Smithville 
 
 DeKalb 
 
 T. W. Wade. 
 
 500 
 
 Sneedville 
 
 Hancock 
 
 L. M. .larvis. 
 
 250 
 
 Somerville 
 
 Fayette 
 
 II. C. Moorman. 
 
 1,000 
 
 Sparta 
 
 White 
 
 L. D. Hill. 
 
 300 
 
 Spencer 
 
 Van Buren 
 
 R. J. Head.' 
 
 217 
 
 Springfield 
 
 Robertson 
 
 Stark & Stark. 
 
 1,200 
 
 i^weet Water 
 
 Monroe 
 
 Young «& Sizer. 
 
 1,495 
 
 Taylors vllle 
 
 Johnson 
 
 Butler & Donnelly. 
 
 390 
 
 Tazewell 
 
 Claiborn 
 
 .Iosey}h Ansmus. 
 
 500 
 
 Tiptonville 
 
 Lake 
 
 M. A. Lowe. 
 
 946 
 
 Trenton 
 
 Gibson 
 
 WALKER. '77, & WADE, " 
 
 79. 1,:583
 
 736 
 
 TENNESSEE. 
 
 
 PLACK. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYB. I'flPin.'V'N. 
 
 Troy 
 
 Obion 
 
 J. G. Smith. 
 
 1,180 
 
 TuUahoma 
 
 Coifee 
 
 James G. Aydlott. 
 
 3,500 
 
 Union City 
 
 Obion 
 
 FELIX W. MOORE, '74. 
 
 1.890 
 
 Washington 
 
 Rhea 
 
 Looke & Locke. 
 
 300 
 
 Wartburgli 
 
 Morgan 
 
 ( See JIuntsville. ) 
 
 300 
 
 Waverly 
 
 Humphreys 
 
 H. C. Carter. 
 
 510 
 
 Waynesborough 
 
 Wayne 
 
 Frank Boyd. 
 
 830 
 
 Winchester 
 
 Franklin 
 
 W. H. Brannan. 
 
 1.500 
 
 Woodbury 
 
 Cannon 
 
 •W. C. Houston. 
 
 393
 
 TENNESSEE. 
 
 737 
 
 BANKS IN TENNESSEE. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital of one 
 bank in each county of this state in which such a banking institution is located. 
 
 Athens 
 
 Bristol 
 
 Brownsvillo 
 
 ('eutreville 
 
 Charleston 
 
 Chattanooga 
 
 Clarksvillu 
 
 Cleveland 
 
 (/Olunibia 
 
 Dyersburj^ 
 
 Fayetteville 
 
 Franklin 
 
 Gallatin 
 
 ilartsville 
 
 Jackson 
 
 Johnson City 
 
 Jonesboro 
 
 Knoxville 
 
 Lebanon 
 
 Lewisburg 
 
 Maryville 
 
 McMinnville 
 
 Memphis 
 
 Milan 
 
 Morristown 
 
 Murfreesboro 
 
 Nashville 
 
 Paris 
 
 Pulaski 
 
 Rogersville 
 
 Shelbyville 
 
 Sparta 
 
 Springfield 
 
 Sweetwater 
 
 Trenton 
 
 Tallahoma 
 
 Union City 
 
 KAME OF BANK. 
 
 First National Bank 
 Nat Bank of Bristol 
 Brownsville Saving Bank 
 First National Bank 
 Bank of Charleston 
 
 First National Bank 
 
 i< i. It 
 
 Cleveland National Bank 
 Columbia Banking Co 
 Bank of Dyersburg 
 First National Bank 
 Nat Bank of Franklin 
 Bank of Gallatin 
 Bank of Hartsville 
 First National Bank 
 Bank of Johnson City 
 Jonesboro Bk'g & Trust Co 
 Mechanics' Nat Bank 
 Second Nat Bank 
 Bank of Lewisburg 
 Bank of !Maryville 
 Nat Bank of McMinnville 
 Union and Planters' Bank 
 E. A. Collins 
 First National Bank 
 
 Commercial Bank 
 Giles National Bank 
 "Rogersville Bank 
 Nat Bank of Shelbyville 
 First National Bank 
 Springfield Nat Bank 
 Bank of Sweetwater 
 Gibson County Bank 
 First National Bank 
 Bank of Union City 
 
 
 PAID UP 
 
 CASHIEK. 
 
 CAPITAL. 
 
 R. J. Fisher. 
 
 50,000 
 
 J. W. Carr. 
 
 50.000 
 
 A. W. Brockway. 
 
 38,000 
 
 John T. Walker. 
 
 50.000 
 
 T. J. Knox. 
 
 «5,000 
 
 H. C. Squire. 
 
 200,000 
 
 B. W. Macrae. 
 
 100.000 
 
 John H. Parker. 
 
 150,000 
 
 L. Friersom. 
 
 100.000 
 
 K. H. Campbell 
 
 10,000 
 
 J. R. Feeney. 
 
 HO, 000 
 
 Jos. L. Parkes. 
 
 100,000 
 
 W. R. Tompkins. 
 
 25,(500 
 
 :M. L. Wright. 
 
 20,000 
 
 Wm. A. Caldwell. 
 
 50,000 
 
 H. R. Kenyon 
 
 20,000 
 
 Wm. G. Mathes. 
 
 12,500 
 
 Sam House. 
 
 100,000 
 
 W. 11. Brown. 
 
 70,000 
 
 J. T. Dean. 
 
 20,000 
 
 J. D. Burger, 
 
 50,000 
 
 Jesse Walling. 
 
 70.000 
 
 S. P. Read. 
 
 600,000 
 
 
 75,000 
 
 Geo. S. Crouch. 
 
 50,000 
 
 n. 11. Williams. 
 
 100,000 
 
 H. W. Grantland. 
 
 1,000,000 
 
 Alex. B. White. 
 
 50,000 
 
 John D. Flautt. 
 
 100,000 
 
 W. D. Kenner. 
 
 30,000 
 
 B. R. Whitthome. 
 
 50,000 
 
 J. N. W^alling. 
 
 50,000 
 
 Thomas Pepi)er. 
 
 (J0,000 
 
 W. A. Campbell. 
 
 50,000 
 
 H. M. Elder. 
 
 50.000 
 
 L. D. Hickerson, Jr. 
 
 50,000 
 
 11. L. Elder. 
 
 50,000
 
 STATE OF 
 
 TEXAS. 
 
 SUMMARY OF 
 
 Collection Laws. 
 
 Court Calendar, Instructions kok taking Depositions. Legal Forms, Etc. 
 
 Expressly Prepared and Revised to Nov. 1st, 1887, for " Showers' 
 
 Legal Directory and Merchants' Guide," for 1888, by 
 
 Chas. H. Mayfield, of the San Antonio Bar. 
 
 Accounts. — How Sworn To. — Open accounts should have attached the affi- 
 davit of the i^laintift", his agent or attorney, to the effect that such account 
 is, within the knowledge of affiant, just and true ; that it is due, and that 
 all just and lawful ottsetts, payments and credits have been allowed. If 
 made by agent or attorney, the tjody of the affidavit should allege the fact. 
 
 Form of Affidarit to Prove (Oi Account. 
 
 State op Texas } 
 County of . <i ' 
 
 Before me, , a notary public, in and for the said county of , duly 
 
 commissioned and qualified, on this day personally appeared , who, being 
 
 duly sworn, say ; that the foregoing and annexed account in favor of 
 
 , and against , showing an amount due of $ , is within the 
 
 knowledge of affiant, just and true, and unpaid ; that the said sum of $ ■ 
 
 is now due and owing to , and that all jvist and lawful offsets, credits 
 
 and payments have been allowed. (Affiant's signature.) 
 
 Swoni to and subscribed before me, to certify which I hereunto sign my 
 
 name and affix my seal of office, this, the day of , A. D. 18 — . 
 
 , [Title.) 
 
 Acknowledgments. — The acknowledgment or proof of an instrument of 
 writing for record may be made within this state before either : 1. A clerk 
 of the district courts ; 2. A judge or clerk of the county court ; or, 3, A 
 notary public. 
 
 Such acknowledgment may be made without this state but within the 
 United States or their territories, before either : 1. A clerk of some court of 
 lecord liaving a seal ; 2. A commissioner of deeds, duly apjiointed under 
 the laws of this state, or a notary ptibHc. 
 
 Such acknowledgment may be made without the United States, before 
 cither: 1. A minister, commissioner, or charge d'affaires of the United 
 States, resident and accredited in the county where the proof or acknowledg- 
 ment is made. 2. A consul general, consul, vice-consul, commercial agent, 
 vice commercial agent, deputy consul, or consular agent of the United 
 States, resident in the country where the proof or acknowledgment is made, 
 or, 3. A notary public. 
 
 [Texas I.]
 
 TEXAS. 739 
 
 Form of Acknowledgment. 
 
 State op Texas, ? 
 County of . *» ' 
 
 Before me, , a notary public, in and for the county of , on this day 
 
 personally appeared , known to me to be the person — whose name 
 
 subscribed to the foregoinjj instrument, and acknowledged to me that 
 
 ■ executed the same for the i^urpose and consideration therein ex- 
 pressed. 
 
 Given under my hand and seal of office at , this day of , A. 
 
 D. 18—. 
 
 Form of Acknoicledgment of Married Women. 
 
 State op Texas, 'i 
 County ok . '^ ' 
 
 Before me, , a notary public, in and for the county of , on this day 
 
 personally appeared , wife of , known to me to be the person whose 
 
 name is subscribed to the foregoing instrument, and having been examined 
 by me privily and apart from her husband, and having the same fully ex- 
 plained to her, she, the said , acknowledged such instrument to be her 
 
 act and deed, and declared that she had willingly signed the same for the 
 purpose and consideration therein expressed, and that she did not wish to 
 retract it. 
 
 Given under my hand and seal of office, at , this day of , A. 
 
 D. 18— , (Title.) 
 
 Actions. — No distinction between law and equity. In the district and 
 county court are begun by petition, clearly setting out plaintilfs cause of 
 action and ending with a prayer for relief. The clerk of such court then 
 issues a writ of citation to the defendant, to the county where his residence 
 is alleged to be. If the defendant resides in the county where suit is insti- 
 tuted, the writ only is served on him ; but if without the county, he must 
 also be served with a certified copy of plaintiff's petition. Such writ of cita- 
 tion must be served at least five days previous to the first day of the next 
 term of court, exclusive of the day of service and return thereof, to compel 
 defendant to answer at such term, lie may, however, waive tho service, or 
 tome into court and answer therein, if he desires. 
 
 In justices' courts pleadings are either oral or in writing. The defendant, 
 after being duly served with citation, must answer on the fifth day if in the 
 district court, on third day if in the county court, and on the first day if in 
 the justices' court, as otherwise judgment by default may be rendered 
 against him. 
 
 Where plaintiff, his agent or attorney, makes oath that defendant is a non- 
 resident of the state, is absent from the state, is a transient person, or that 
 his residence is unknown to affiant, the clerk shall issue citation addressed to 
 the sheriff' or any constable of the covmty where suit is pending, who serves 
 the same by publication in some newspaper published in the county (or if 
 none is published in such county) then in any newspaper published in the 
 judicial district where such suit is pending (or if none is published in said 
 district) then in the nearest district thereto, once in each week for four con- 
 secutive weeks before the return day. 
 
 AVhen service is had by publication, the defendant has until the appear- 
 ance day of the next succeeding term, after such publication for four weeks 
 has been made, to g,nswer. 
 
 In any case, defendant may waive or accept service of citation, or appear 
 without service thereof, and answer, and in all cases where au answer is 
 filed, further service of citation is unnecessary. 
 [Texas 2.]
 
 740 TEXAS. 
 
 Admmistration. — County cow-t has general jurisdiction in probate mat- 
 ters, and shall probate wills, grant letters testamentary or of administraTiou, 
 settle the accounts of executors and administrators and transact all business- 
 appertaining to the estates of deceased persons, including the settlement, 
 partition and distribution of such estates. 
 
 The district court has appellate jurisdiction and general control in probate 
 matters over the county court. Wills shall be admitted to i)robate. and Ict.- 
 ters testamentary and of administration shall be granted as follows : 1. In 
 the county where the deceased resided if he had a domicile or fixed place of 
 residence in the state. 2. If the deceased had a domicile or fixed place of 
 residence, but died in the state; then either in the county where his i^rinci- 
 pal property was at the time of his death, or in the county where he died. 
 
 3. If he had no domicile or fixed place of residence in the state and died 
 without the limits of the state, then in any county in this state, where his^ 
 nearest kin may reside. 4. If he had no kindred in this state, then iu the 
 county where his principal estate was at the time of his death. 
 
 Applications for letters testamentary or of administration must be filed 
 within four years after the death of the testator or intestate, otherwise such 
 application shall be refused and dismissed. Such applicatien must be in 
 writing and filed with the clerk of the county court. 
 
 Application for the probate of a written will produced in court shall state : 
 1. The name of the testator, and that he is dead, and the time and place of 
 his death 2. The facts necessary to show that the court has jurisdiction of 
 the estate, 3. The nature and probable value of the estate. 4. The name 
 and residence of the executor named in the will, if any, and if none be named 
 in the will, then the name and residence of the applicant. 5. That such ex- 
 ecutor or applicant, as the case may be, is not disqualified by law from ac- 
 cepting letters, if letters be desired. 
 
 The written will shall be filed with the application for the probate thereof, 
 and shall thereafter remain in the office of the clerk with whom it is filed,, 
 unless removed therefrom by order of the county or district court. 
 
 An application for the probate of a written will which cannot be produced! 
 in open court, in addition to the requirements above mentioned, shall state : 
 1. The reason why such will cannot be produced. 2. The contents of such 
 will as far as known. 3. The date of such will and the executor appointed 
 therein, if any, and the names of tlie subscribing witnesses thereto, if any. 
 
 4. The names and residences, if known, of all the heirs at law of the testa- 
 tor, and if not known, that fact shall be stated, and such application shall be- 
 sworn to. 
 
 Application for the probate of a nuncupative will in addition to that for 
 the probate of a written will, must state: 1. The substance of the testa- 
 mentary words spoken. 2. The names and residence of the witness thereto; 
 3. The names and residences, if known, of the heirs at law of the testator, 
 and if not known thatfact shall be stated. Such application shall be swomto. 
 
 Application for letters of administration shall state : 1. The name of the' 
 deceased, that he is dead, and the time and place of his death, and that he 
 died intestate. 2. The facts necessary to show that the court has jurisdic- 
 tion of the estate. 3. The nature and probable value of the estate. 4. That 
 a necessity exists for an administration upon such estate, setting forth the 
 facts which show such necessity. 5. That the applicant is not disqualified 
 by law to act as administrator. 
 
 Letters shall not be granted to any person under 21 years of age, or of 
 unsound mind, provided, however, they may be granted to a surviving hus- 
 band or wife who may be under 21 years of age. 
 
 Letters are granted to persons who are qualified to act, in the following 
 order: 1. To the person named as executor in the will of the deceased. 2. 
 To the surviving husband or wife. 3. To the principal devisee or legatee 
 of the testator. 4. To any devisee or legatee of the testator. 5. To the 
 next of kin of the deceased, the nearest in the order of descent first, and so 
 on. 6. To a creditor of the deceased. 7. To any person of good character 
 residing in the county. 
 
 [Tcxa.s 3.]
 
 TEXA.S. 741 
 
 Before grantinjj letters testamentarj' it must api)car to the court : 1 . That 
 the person is dead, 2. That four years have not elapsed since his decease, 
 prior to the application. 3. That the court has jurisdiction of the estate. 
 4. That the will has been proved as prescribed by law. 5. That the person 
 to whom the letters are to be granted is named as executor in the will. G. 
 That the person named as executor is not disqualified by law. 
 
 Before grantinjr letters of administration it must appear: 1. That the 
 persini is dead. 2. That four years have not elapsed since his decease, prior 
 to the application. 3. That the court has jurisdiction of the estate. 4. That 
 there is a necessity for an administraticm upon such estate, and 5. That the 
 jHjrsou to whom the letters are about to be granted is entitled thereto bylaw 
 jind is not disqualified. 
 
 A temporary administrator may be appointed when it is made to appear to 
 the county judge that the interest of an estate requires tlie immediate aj)- 
 pointmcnt of an admiinstrator. Such appointment may be made either with 
 or without written application and without citation. 
 
 Before the issuance of letters testamentary or of administration, the per- 
 son to receive the same shall enter into a bond, with at least two good and 
 .»<uflBcii^nt sureties, bona-fide residents of this state, to be approved by and 
 payable to the county judge, in a sum not less than double the estimated 
 value of the decedents' estate, excejjt in the case of temporary administra- 
 tion, in which case the bond shall be fixed in such sum as the county judge 
 anay direct. 
 
 Where hvisband or wife dies intestate, leaving no child or children, the 
 •common property passes to the survivor, subject to community debts, and 
 no administrator is necessary. 
 
 Claims against an estate are classed and have priority as follows : 1. Funcr- 
 ■<\\ expenses and expenses of last sickness. 2. Expenses of administration 
 and the expenses incurred in the preservation, safe keeping and management 
 of the estate. 3. Claims secured by mortgage or other liens so far as tlie 
 «ame can be paid out of tlie proceeds of the property, subject to such mort- 
 gage or other lien, and when more than one mortgage or lion shall exist 
 upon the same property, the oldest shall be first paid ; but no preference 
 >liall be given to such claim secured by mortgage or lien further than regards 
 ihe property subject to such mortgage or other lien. 4. All claims legally 
 exhibited within one year after the original grant of letters testamentary or 
 ■.>f administration. 5. All claims legally exhibited after the lapse of one 
 y ear from the original grant of letters testamentary or of administration. 
 0. All claims legally exhibited after the lapse of one year from the original 
 grant of letters testamentary or of administration. 
 
 Executor or administrator, within one month after receiving letters, must 
 publish in a newspaper (if one is published in the county) a notice requiring 
 all persons to present such claims as they may have within the time required 
 by law, and such notice must be published once a week for four successive 
 weeks. If there be no newspaper then it shall be posted at the courthouse 
 <loor for same length of time. 
 
 When all the debts against an estate have been paid, or so far as the assets 
 of the estate, in the hands of the executor or administrator will permit, he 
 shall present to the court his account of final settlement, verified by affida- 
 vit, which shall show: 1. The property that has come into his hands, be- 
 longing to the estate. 2. The disposition that has been made of any of such 
 ])roperty. 3. The debts that have been i^aid. 4. The debts and expenses, if 
 any, still owing by the estate. 5. The property of the estate, if any, still 
 remaining on hand. 6. The persons entitled to receive any portion of such 
 estate, and their residences, if known, and whether adults or minors, and if 
 minors, the names of their guardians. 7. Any advancement or payments 
 that may have been made by the executor or administrator from such estate 
 to any such person. 8. Said account shall be accompanied by proper vouch- 
 ers in support of each item thereof, and such account and vouchers shall bo 
 filed with the clerk, either in term time or in vacation. 
 iTexas -i.
 
 742 TEXAS, 
 
 Appeals from any decision, order, decree or judgment of the county court, 
 shall be to the district court. 
 
 No claim shall be allowed by the executor or administrator unless the same 
 is accompanied by affidavit in writing, that the same is just and that all 
 legal oifsets, payments and credits known to affiant have been allowed. 
 
 Affidavits. — All oaths and affirmations shall be administered iu the mode 
 most binding on the conscience, and taken subject to the pains and penalties 
 of perjury. When made in the course of any judicial proceeding, may be 
 administered by the judge or clerk of court or justice of the peace, as the 
 case may be. Affidavits in all cases may be made either by the iJarty, his 
 agent or attorney, and must be in writing and signed by the party. 
 
 Aliens. — Shall have and enjoy in this state such rights as are, or shall be, 
 accorded to the citizens of the United States by the laws of the nation, to 
 which such alien shall belong, or by the treaties of such nation with the 
 United States. 
 
 Any alien who shall become a resident of this state, and shall, in conform- 
 ity with the naturalization laws of the United States, have declared his inten- 
 tion to become a citizen of the United States, shall have the right to acquire 
 and hold real estate in this state, in the same manner as if he was a citizeu 
 of the United States. 
 
 Appeals. — May be taken to the supreme court from every final judgment 
 of the district court in civil cases. May be taken to the court of appeals 
 from every final judgment of the county court in civil cases, when such 
 county court has original jurisdiction, and also from any final judgments of 
 the county court rendered on appeal or certiorari ; in civil cases, taken from 
 justices' courts, when the judgment or amount in controversy exceeds the 
 sura of one hundred dollars. 
 
 The party appealing is called appellant. The adverse party is called 
 appellee. Appeal is taken by giving notice of appeal in open court, which 
 is noted on the docket and entered of record, and by filing with the clerk of 
 the court an appeal bond, or affidavit in lieu thereof (of inability to give 
 bond) within twenty days after the expiration of the term. 
 
 Writ of error must be sued out within two years after final judgment, 
 except in cases of infants, married women and persons of unsound miud. 
 who shall have two years after their disabilities are removed. 
 
 Appeal bond must be filed and approved by the clerk within twenty days 
 after adjournment of court. 
 
 May be taken from justices' court when the judgment or amount iu con- 
 troversy, exclusive of costs, exceeds $20, by giving necessary appeal bouii 
 within ten days after judgments, and overruling any motion for a new trial. 
 In such case the trial in the higher court is had, de novo. 
 
 Arrest. — None in civil actions for debt. 
 
 Assignments. — Assignments by any insolvent debtor, or in contemplation 
 of insolvency, must provide for a distribution of all his estate, other than 
 that exempt by law from execution, among all his creditors, in proportion to 
 their respective claims, and, however expressed, shall be construed, and 
 shall be acknowledged, certified and recorded, as are other conveyances of 
 property. 
 
 He shall annex an inventory containing the following statement : 1st. A 
 full account of all creditors. 2d. Residence of each creditor, or, if not 
 known fact stated. 3d. Sum owing each creditor, and nature of debt. 4th. 
 True cause, and consideration of each debt, and where it arose. 5th. State- 
 ment of any security for any debt. 6th. A full and true inventory of all the 
 debtor's estate, and all vouchers and securities, and value thereof. 7th. 
 An affidavit made by the debtor shall be annexed, that the same is in all 
 respects just and true. 
 
 ' [Texas 5.]
 
 TEXAS. 743 
 
 A debtor may make an assignment for such of his creditors only as will 
 accept their pro rata of the assignor's property in full payment of their 
 claims, provided that the debtor shall nut be released unless the creditor 
 realizes 33| per cent, of his claim. Assignee shall, within thirty days, give 
 notice of his appointment in newspaper, and give personal notice, or notice 
 by mail, to each creditor. The creditors who consent in writing within four 
 months after publication alone receive or take benefit ; provided, any credi- 
 tor who had no notice may make known assent at any time, and, provided, 
 that the receii^t of any portion of his claim shall be conclusive evidcHce of 
 assent of any creditor. 
 
 Assignee shall at once record assignment, and make bond, with good 
 securities. Every consenting creditor shall, within six months from first 
 publication of notice, file with the assignee a distinct statement of his claim, 
 supported by affidavit that the statement is true ; that the debt is just, and 
 that there are no credits or ofl'sets that should be allowed against the claim, 
 except as shown by the statement ; and no creditor takes benefit who fails to 
 do this. Any creditor not consenting may garnishee assignee for any balance 
 in his hands after paying creditors who consent. All property conveyed by 
 assignor previous to and in contemplation of the assignment, with intent to 
 defeat, delay or defraud creditors, or give preference, shall pass to the assig- 
 nee. Every lien given by owner upon goods exposed to sale in regular 
 course of business, contemplating a continuance, and control of business, 
 and possession of goods by owner, shall be deemed fraudulent and void. 
 
 Attachments. — The judges and clerks of the district and county courts 
 and justices of the peace may issue writs of original attachments, return- 
 able to their respective courts, upon the jdaintiff, his agent or attorney mak- 
 ing an affidavit in writing, stating : 1st. That the defendant is justly in- 
 debted to the plaintiff and the amount of the demand ; and, 2nd. That the 
 defendant is not a resident of the state, or is a foreign corporation or is 
 acting as such ; or, 3rd. That he is about to remove permanently out of the 
 state, and has refused to pay or secure the debt due the plaintiff ; or, 4th. 
 That he secretes himself so that the ordinary process of law cannot be served 
 on him ; or, 5th. That he secreted his property for the purpose of defraud- 
 ing his creditors ; or, 6th. That he is about to secrete his property for the 
 purpose of defrauding his creditors ; or, 7th. That he is about to remove 
 his property out of the state, without leaving sufficient remaining for the 
 payment of his debts ; or, 8th. That he is about to remove his property, or 
 a part thereof, out of the county where the suit is brought, with intent to 
 tlefraud his creditors ; or, 9th. That he has disposed of his property, in 
 whole or in part, with intent to defraud his creditors ; or, 10th. That he is 
 about to dispose of his projierty with intent to defraud his creditors ; or, 
 Uth. That he is about toconvert his property, or a part thereof, into money, 
 for the purpose of placing it beyond the reach of his creditors ; or, 13th. 
 That the debt is due for property obtained under false pretenses. 
 
 The affidavit shall further state: 1st. That the attachment is not sued 
 out for the purpose of injuring or harassing the defendant ; and, 2nd. That 
 the plaintiff will probal)ly lose his debt, unless such attachment is issued. 
 
 May be issued, in a proper case, at any time after suit is filed, or at the 
 time of filing suit, and whether the debt is due or not, but no final judgment 
 shall be rendered against defendant until such debt or demand is due. 
 
 Before an attachment is issued, plaintiff nuist execute a bond with two or 
 more good and sufficient sureties, i)ayal)le to defendant, in a sum at least 
 double the amount sued for, conditioned : "That the plaintiff will prosecute 
 his suit to effect and will pay all such damages and costs as shall be adjudged 
 against him for wrongfully suing out su(;h attachment.'' 
 
 Several attachments may be issiuul at the same time, or in succession, and 
 sent to different counties, until sufficient property shall be attached to 
 (satisfy the writ. Any levy is at the officer's own risk, and for his indemnin- 
 cation he may require an indemnity bond from plaintiff. Writ of attachment 
 can only be levied on such property as is subject to execution. 
 ITexas 6.1
 
 744 TEXAS. 
 
 Any person may claim the proiierty levied on, by making oath, in writing, 
 that such claim is made in good faith, and present such oath in writing to 
 the officer who made the levy, and when so claiming, the claimant must give 
 bond, conditioned, "that the party making such claim, incase he fails to 
 establish his right to such property, shall I'eturn the same to the officer 
 making the levy, or his successor, in as good condition as he received it, and 
 shall also pay the reasonable value of the use, hire, increase and fruits 
 thereof from the date of said bond, or in case he fails so to return said prop- 
 erty and i3ay for the use of the same, he shall pay the plaintiff the value of 
 said property, with legal interest thereon, from the sale of the bond, and 
 shall also pay all damages and costs that may be awarded against him," 
 
 Form of Bond for Attachment. 
 
 "Y ^ ' r Suit pending in the court, of the state of Texas, in 
 
 i f ' I- f > ''•"'^ ^^^ ^^^ county of . 
 
 Know all men, by these presents, Tliat we, the undersigned principal, 
 
 and and , as sureties, do hereby acknowledge ourselves bound to 
 
 pay to the sum of dollars, conditioned that the above bound , 
 
 plaintiff — in attachment against the said , defendant — , will prosecute 
 
 said suit to effect, and that will pay all such damages and costs as 
 
 shall be adjudged against for wrongfully suing out such attachment. 
 
 Witness our hands this • day of , 18 — . . 
 
 Approved : . . 
 
 AFFIDAVIT FOIl ATTACH MKKT. 
 
 Before me, The undersigned authority, this day, personally appeared , 
 
 plaintiff in the above entitled and numbered cause, who, being by me duly 
 
 sworn, deposes and says that • , the defendant justly indebted to in 
 
 the sum of dollars, due and payable on the day of -. A. D. 18 — , 
 
 with interest on said sum from the day of- , A. D. 18 — ■, at the rate 
 
 of • per cent. i)er annum to this date; that the said (here state 
 
 ground for attachment), and that this attachment is not sued out for the 
 purpose of injuring or harassing tlie defendant, and that the plaintiff — will 
 probably lose debt unless such attachment is issued. 
 
 Sworn to and subscribed before me this • day of , A. D. 18 — . 
 
 {Signature of officer.) (Signature of affiant.) 
 
 Banks and Bankers. — I^o corporate body shall hereafter be created, 
 renewed or extended with banking or discounting privileges. (Constitution, 
 Art. IG, Sec. 16.) No statutory provisions on the subject. 
 
 Bills of Exchange and Promissory Notes. — Governed by the law- 
 merchant. Drawers and indorsers of bills of exchange and indorsers of 
 promissory notes may be held liable, etc., by protest or by institution of 
 .suit, at the first term of district and county courts to which suit can be 
 brought after the right of action accrues, or at the second term thereafter, 
 and showing good cause why suit was not brought at the first term. If 
 within the jurisdiction of the justices' court, suit must be instituted within 
 sixty days. Three days of grace allowed on all bills of exchange and promi.s- 
 sory notes, assignable or negotiable by law. 
 
 Bills of Lading. — Common carriers, when they receive goods for trans- 
 portation, must give to the shi])per, when it is demanded, a bill of lading 
 or memorandum in writing, .stating the (juantity, character, order and con- 
 dition of the goods, etc., and in case of this n;fusal to execute and deliver 
 
 [Texas 7.j
 
 TEXAS. 745 
 
 <ucli bill of ladintij or nicmoranduni in writing, they sliall bo liable to a pen- 
 alty of not less tliau $5 nor more than $500, such penalty to be recovered in 
 any court having jurisdiction in the county where the wrong is done or the 
 <;ommou carrier resides. 
 
 Chattel Mortgages. — Any instrument intended to operate as a lien upon 
 jtersonal property, not acconipanieil by immediate delivery, and followed by 
 victual change of possession, is void as against creditors of and subsequent 
 purchasers or lien-holders in good faith from the mortgagor, unless such in- 
 strument or a true copy thereof be forthwith deposited and filed in the office 
 of the county clerk of the county where the property is situate, or. if the 
 mortgagor be a resident of this state, then in tlie county of his residence. 
 The pajier so filed remains in the olhce ; and, if a copy, it shall be by the 
 clerk compared with the original, which, in this case, mvist be acknowledged 
 as for rect»rd, and must be found a true copy. 
 
 If the person granting such lien remove the property from the county, or 
 sell or dispose of the same, without consent of the mortgagee, the mortga- 
 gee becomes entitled to the possession of the property and immediate sale 
 thereof for the payment of his debt, whether due or not. The clerk's fee is 
 twenty-five cents for receiving, filing and entering such instruments, and the 
 same lor entering satisfaction thereof. 
 
 Any form of lien attempted to be given by the owner of any stock of 
 goods daily exposed to sale in the regular course of the business of such 
 merchandise, and contemplating a continuance of possession of said goods, 
 and control of business and sales, by such owner, is void. 
 
 Claims against Decedents' Estates. — Every claim for money against a 
 testator or intestate shall be i^resented to the executor or administrator 
 Avithin 13 mouths after the original grant of letters testamentary or of ad- 
 ministration ; or paj'ment thereof shall be postponed until the claims which 
 have been so presented and allowed by the executor or administrator and 
 approved by the county judge have been first entirely paid. 
 
 Claims for funeral expenses and exjjenses of last sickness shall be presented 
 within sixty days after original grant of letters testamentary or of adminis- 
 tration ; or the exempted property set aj^art to the widow and children shall 
 no longer be liable for said claim. 
 
 If the executor or administrator absent himself from the state, the time of 
 such absence shall not be computed in estimating the said twelve months 
 or .sixty days. 
 
 No executor or administrator shall allow any claim for money against his 
 testator or intestate, or shall any county judge approve the same, unless 
 such claim is accompanied by an affidavit in writing, that "the claim is just 
 and that all legal offsets, payments and credits known to affiant have been 
 allowed." If such affidavit is made by any other person than the owner of 
 the claim, shall state further that the affiant is cognizant of the facts con- 
 tained in his affidavit. 
 
 If the claim has been lost or destroyed, the claimant, or some one for him, 
 may make an affidavit of the fact of such loss or destruction, stating the 
 iimount, date and nature of such claim and when due, and that the same is 
 just, aTid that all legal offsets, i)ayments and credits known to affiant have 
 been allowed, and that the claimant is still the owner of the same ; but in 
 such case, before such claim shall be ai)proved, it must be proved by disin- 
 terested testimony taken in open court or by deposition. Such affidavit may 
 be made before any officer authorized to administer oaths and give certifi- 
 cates thereof. 
 
 Claims against an estate shall be classed and have priority as follows : 1. 
 Funeral expenses and expenses of last sickness. 2. Expenses of administra- 
 tion and the expenses incurred in the preservation, safe keeping and manage- 
 ment of the estate. ?>. Claims secured by mortgage or other liens so far as 
 the same can be paid out of the proceeds of the property, subject to such 
 [Texas 8.]
 
 746 TEXAS. 
 
 mortgage or other lien, and -when more than one mortgage or lien shall exist 
 upon the same property the oldest shall be first paid, but no preference shall 
 be given to such claims secured by mortgage or lien further than regards the 
 property, subject to such mortgage or other lien. 4. All claims legally ex- 
 hibited -within one year after the original grant of letters testamentary or of 
 administration. 5, All claims legally exhibited after the lapse of one year 
 from the original grant of letters testamentary or of administration. 
 
 No claim for money shall be paid until it has been approved by the coanty 
 judge or established by a court of competent jurisdiction. 
 
 Conditional Sales of Personal Property.— There is no statutory enact- 
 ment att'ecting conditional sales, and the principles of the common law apply. 
 
 Corporations. — Are either public or private. A public corporation is one 
 that has for its object the government of a portion of the state. Private 
 corporations are of three kinds : 1. Religious. 2. Corporations for charity 
 or benevolence. 3. Corporations for profit. 
 
 Private corporations may be created by the voluntary association of three or 
 more persons for various purposes. 
 
 A charter must be prepared setting forth : 1st. The name of the corpora- 
 tion. 2d. The purpose for which it is formed. 3d. The place or places 
 where its business is to be transacted. 4th. The term for which it is to exist. 
 5th. The number of its directors or trustees and the names and residences of 
 those who are appointed for the first year. 6th. The amount of its capital 
 stock, if any, and the number of shares into which it is divided. 7th. The^ 
 charter of a bridge or ferry company shall also state the stream intended to 
 be crossed by the bridge or ferry. 8. The charter of a railroad company 
 must also state first, the kind of a road intended to be constructed ; second, 
 the place from and to which the road is intended to be run ; third, the coun- 
 ties through which it is intended to be nin ; fourth, the estimated length of 
 the road. 
 
 Suits against any private corporation, association or joint stock company 
 may be commenced in any county in which the cause of action or a part 
 thereof arose, or in which such corporation, association or company has an 
 agency or representative, or in which its principal ofiice is situated. And 
 suit against a railroad corporation, or against any assignee, trustee or 
 receiver, operating its railway may also be brought in any county through 
 or into which the railroad of such corporation extends or is operated. 
 
 A corporation is dissolved : 1st. By the expiration of the time limited in 
 its charter. 2nd. By a judgment of dissolution rendered by a court of com- 
 petent jurisdiction. 
 
 Corporations under the general law may convey their property by deed, 
 under their common seal, signed by the president, presiding member or 
 trustee thereof, and the form of conveyance and acknowledgment is the 
 same as that of an individual. 
 
 Costs. — Each party responsible for his own costs. Plaintiff may be ruled 
 by the opposite party, or by the officers of the court to give security for 
 costs, at any stage of the proceedings. When so iniled, unless complied 
 with on or before the next term of court the cause may be dismissed. 
 
 Form of Bond for Costs. 
 
 State op Texas, ) 
 couny op . s ' * 
 
 tm"^ ^ ^\l ' ( ^"^^ pending in court of county, term, A. 
 
 -iNO. — , Va, / -j-v ..Q 
 
 , defendant. ; 
 
 Know all men, That we, , and as sureties, do hereby acknowledge 
 
 I Texas 0.}
 
 TEXAS. 747 
 
 ourselves bound to pay to tho sum of dollars. 
 
 Conditioned that , plaintift' in the above entitled suit, will pay all costs 
 
 that may be adjudged against in said suit, during the pendency oi* at 
 
 the final determination thereof. 
 
 Witness our hands this day of , A. D. IS — . 
 
 Approved : , 
 
 , Clerk, Court, ConrUy. 
 
 Courts. — Terms and Jurisdiction of: 
 
 Federal Court, two terras each year at Dallas, "Waco, Graham, Galveston, 
 Tyler, Jefferson, Brownsville, Austin, San Antonio and El Paso ; jurisdic- 
 tion, where matter in dispute exceeds sum or value of $2,000. 
 
 District Court, two terms each year, generally ; in Dallas county four, and 
 in Galveston and Bexar five terras ; jurisdiction exclusive as to land titles. 
 and where value or sum over $1,000, exclusive of interest, and concurrent 
 with county court from $500 to $1,000. 
 
 County Court, six terras each year ; jurisdiction exclusive from $200 to 
 $500, except in a number of less populous counties, where its jurisdiction in 
 commercial claims has been abolished. Practice same as district courts, 
 except as to juries, which consists of only six men. 
 
 Justices^ Court, terra each mouth ; jurisdiction to $200. 
 
 Court Calendar.— 
 
 SUPREME COURT. 
 
 Has appellate Jurisdiction only, which shall be co-existensivc within the limit of 
 the State, but shall only extend to civil cases of which the District Courts have 
 original or appellate jurisdiction. Also has power to issue writ of mandamus and 
 all other writs necessary to enfore the jurisdiction of said Court. Also haa power to 
 make rules and regulations for the government of said Court, and the other Courts of 
 the State; to regulate proceedings and expedite the dispatch of business therein. 
 Causes are heard froni the several districts at such times as the .Judges, by an order 
 published previously to the meeting of the Court, may direct. 
 
 COURT OF APPEALS. 
 
 Has appellate jurisdiction, co-extensive within the limits of the State, of all civil 
 cases, of wliicli the County Courts liave exclusive or concurrent original jurisdiction, 
 except cases involving matter pertaining to the administration of guardiansliip of 
 deceased persons, habitual drunkards, insane persons, and minors, and of all civil 
 cases of which the County Court has appellate jurisdiction where the Judgment 
 rendered or the amount in controversy shall exceed $100, exclusive of interest and 
 costs, and in such ottier cases as are, or may be, provided by law. 
 
 UNITED STATES CIRCUIT COURT. 
 
 Associate Justice Supreme Crmrt, (vacant. William B. Woods lately deceased); 
 (Hrcuit Judge, Don. A. Pardee, of New Orleans, La. ; Clerks, Christopher Dart, Gal- 
 veston ; W. M. Reed, Tyler ; W. E. Singleton, Jefteison. 
 
 Terms.— Hee District Courts. 
 
 UNITED STATES DISTRICT COURTS. 
 
 Eastern District.— Judge, C. R. Sabin ; Attornci/, .1. E. McComb; ^farsha!,R.W 
 R^a^an, Galveston ; Clerks, George C. Reeves, Galveston; W. A. Allen, Tyler ; Wm- 
 E. Singleton, Jefferson. 
 
 Terms of Circuit and District Courts. — .\t (ialveston 1st Monday November, March; 
 at Tyler 2d Monday January, May ; at Jefferson 2d Monday February, September. 
 
 Western District.— Judge, E. B. Turner, Austin; Afiornei/, Rudolph Kleberg, 
 Cuero; Marshal, John T.Rankin, I-a Grange; C<e/A-.v, Samuel Hopkins, Austin ; W. 
 C. Robards, Circuit and District Clerk at San Antonio; Edward Tighnian, Circuit and 
 District Clerk at Brownsville ; O. A. I^arazalo, at El Paso. 
 
 Terms. — (with Circuit Court powers) At Austin 1st Monday February, August ; at 
 Brownsville 1st Monday January, July ; .San Antonio 1st Monday May, November; 
 at El Paso 1st Monday April, October. 
 
 Northern IHstrict. — Judge, A. P. McCormick, Graham; Attorney/, Chas. B. Pearre, 
 Waco; J/ar«;io;, W. L. Catell, Dallas; r/er/l-.v. J. H. Finks, Waco;' District Clerk for 
 Northern District and al.so Circuit Clerk at Waco, A. J.Houston and W. F. Girard, 
 Circuit Clerk and Deputy District Clerk, respectively, at Dallas and Graham. 
 
 Terms.— \t Dallas 2d Monday January, 3d Monday May; at Graham 2d Monday 
 March, 3d Monday October ; at Waco 2d Monday April, ad Monday November. 
 
 [Texas 10.1
 
 748 
 
 TEXAS. 
 
 STATK COURTS. 
 
 SUl»RE."tfE COUKT. 
 
 Chief Justice, A. H. Willis, Galveston ; Associate Justices, John W. Stayton, 
 Victoria; R. R. Gaines. Clarkesville ; linporter, A. W. Terrell, Austin ; Clerks, D. D. 
 Atchison, Galveston; Chaa. H. Morse, Austin ; S. D. Reeves, Tyler ; Attorney General, 
 
 TeDm-.— At Austin 1st Monday April to last day June; at Tyler 1st Monday 
 October to last day December ; at Galveston 1st xVlonUay January to last day March. 
 
 TIMES FOR HOLDING DISTlilCT' COURTS 1S87-.S. 
 
 County. 
 
 Anderson . . . 
 
 Andrews 
 
 Angelina . . . . 
 
 Aransas 
 
 Archer 
 
 Armstrong.. . . 
 Ata.scosa . . . . 
 
 Austin 
 
 Bailey 
 
 Bandera . . . . 
 Bastrop . . . . , 
 
 Baylor 
 
 Bee 
 
 Bell 
 
 Bexar 
 
 Blan;-o . . . . , 
 
 Borden 
 
 Bosq ue 
 
 Bowie 
 
 Brazoria . . . 
 Brazos. ... 
 
 Briscoe 
 
 Brown .... 
 Burleson.. . . 
 Burnet .... 
 Caldwell . . . 
 Calhoun . . . 
 OiUahau. . . . 
 
 Cameron. . . . 
 
 Camp 
 
 Carson .... 
 
 Csiss 
 
 Castro 
 
 Chambers. . . 
 i'herokee. . . . 
 ■Cliildress . . . 
 
 <'Iay 
 
 <>)chran. . . . 
 Coleman . . . 
 Collingsworth 
 
 Collin 
 
 Colorado. . . . 
 
 Comal 
 
 <^omanche . . 
 
 Concho 
 
 Cooke .... 
 Coryell 
 
 Cottle 
 
 Crockett . . . 
 
 Crosby .... 
 
 Dallam .... 
 
 Dallas . . . . 
 
 Dawson. . . . 
 
 Deaf smith. . 
 
 Delta 
 
 Denton 
 
 De Witt. . . . 
 
 Dicken.s. . . . 
 
 Dimmit . . . 
 
 Donley 
 
 Duval 
 
 Eastland 
 
 Edwards. . . . 
 
 Ellis 
 
 El Paso 
 
 County Seat. Bi.st. Terms. 
 
 H 11th Mon. after 1st Mon. February, September. 
 
 ;i2 Attached to Martin for Judicial purposes. 
 
 9 18 Mon. after Ist Mon. March, .September. 
 
 24 1st !Mon. March, September. 
 
 8l» Sth Mon. after 1st Mon. January, July. 
 
 81 Attached to Donley for judliial purposes. 
 
 oU 5th Mon. alter Ist Mon. March, September. 
 
 22 17th Mon. after 1st Mon. March September. 
 
 39 Attached to Baylor for judicial purposes. 
 
 38 6th Mon. after 1st Mon. March, September. 
 
 22 6th Mon. after 1st Mon. March, September. 
 
 39 10th Mon. after 1st Mon. February, August. 
 21 3d Mon. after 1st Mon. March, September. 
 27 1st Mon. June, December. 
 37 1st Mon. March, June, September, December. 
 33 1st Mon February, September. 
 32 Attached to Howard for judicial purposes. 
 18 3d Mon. January, August. 
 
 .5 3d Mon. after 1st ilou. February, September. 
 
 23 loth Mon. after 1st Mon. March, September. 
 
 20 1st Mon. !March, September. 
 31 Attached to Donley for judicial purpose. 
 35 1st Mon. J'ebruary, September. 
 
 21 11th Mon. after 1st Mon. March, September. 
 
 27 1st Mon. April, October. 
 
 22 4th Mon. March, September. 
 
 24 9Xh Mon. after 1st Mon. March. September. 
 42 9th Mon. after 1st Mon. i''el)ruary, lUh Mon. 
 
 after 1st Mon. August. 
 
 28 1st Mon. April, October. 
 5 12th Mon. after Ist Mon. in February, Sept. 
 
 31 Attached to Donley for judicial purposes. 
 
 5 1st Mon. February, September. 
 
 31 Attached toOldham for judicial purposes. 
 
 9 l.'^t Mon. March, Septeml)er. 
 
 2 12th JSIon. after 1st Mon. February, September. 
 
 31 Attached to Donley for judicial purposes. 
 3(1 10th Mon. after 1st Mon. January, July. 
 
 32 Attached to Crosby for judicial purposes. 
 35 4th Mon. after 1st Mon. February, September. 
 
 31 Attached to Wheeler for judicial purposes. 
 
 15 1st Mon. January, June. 
 
 23 4th Mf)n. after 1st .Mon. P'ebruary, August. 
 .38 13th Mon. after Ist Mon. March, September. 
 42 1st Mon. February, 3d Mon. August. 
 .35 13th Mon. after 1st Mon. February, September. 
 If) 15th Mon. after 1st Mon. January, August. 
 
 29 13th Mon. after 1st Mon. March, September. 
 .39 Attached to Hardeman for judicial purposes. 
 38 Attached to Kinney for judicial purposes. 
 
 32 5th Mon. after 1st Mon. February, September. 
 
 31 Attached to Oldham for judicial purposes. 
 14 2d Mon. March, May, October, December. 
 
 32 Attached to Howard for judicial purposes. 
 
 31 Attached to Oldham for judicial purposes. 
 8 8th Mon. after 1st Mon. January, July. 
 
 16 1st Mon. January, August, 
 
 24 13th Mon. after 1st Mon. March, September. 
 
 32 Attaclicd to Crosby for judicial purposes. 
 3(! ] Ith Mon. after 1st Mon. March, September. 
 31 1st Mon. .January, .July. 
 28 14th Mon. after 1st Mem. April, October. 
 42 Ifith Mon. after 1st Mon. February, 18th Mon. 
 
 after 1st Mon. August. 
 .38 Stli Mon. after 1st Mon. March, September. 
 M 1st Mon. February, September. 
 34 8th Mon. after 1st Mon. March, September. 
 
 |Texa.sni 
 
 Palestine . . . 
 
 Unorganized., 
 
 Homer .... 
 
 Kockport.. . . 
 
 Archer .... 
 , Unorganized. 
 . Pleasanton.. . . 
 , Bellville .... 
 , Unorganized.. . 
 . Bandera ... 
 
 . Bastrop 
 
 , Seymour.' . . . 
 
 , Beeville 
 
 . Belton 
 
 , San Antonio.. . 
 . Bianco City . . 
 
 Unorganized.. . 
 . Meridian,. . , . 
 . Texarkana . . . 
 . Brazoria .... 
 
 . Bryan 
 
 . Unorganized . . 
 , Brownwood . . 
 . Caldwell .... 
 
 . Burnet 
 
 . Ijockhart 
 
 . Indianola. . . . 
 . Baird 
 
 . Brownsville . . 
 . Pittsburgh. . . . 
 . Unorganized.. . 
 
 . Uinden 
 
 . ITnorganized.. . 
 . Wallisville.. . . 
 
 . Rusk 
 
 , Unorganized.. . 
 . Henrietta. . . . 
 . Unorganized.. . 
 , Coleman .... 
 , Unorganized.. , 
 . McKinney . . 
 . Columbus. . . . 
 . New Braunfels.. 
 . (!omanche . . . 
 . Paint Roclt . . . 
 . Gainsville . . . 
 . (iatesville . , . 
 
 . Unorganized.. . 
 
 . Unorganized.. . 
 . Estadado.. . . 
 
 . Unorganized.. . 
 
 , D.allas 
 
 . Unorganized. . 
 
 . Unorg.Muized.. . 
 
 . Cooper 
 
 . Denton 
 
 . Cuero 
 
 . Unoriranizcd.. . 
 
 . Carrizo Springs. 
 
 . fnjirciidoii . . . 
 
 . San J>iego . . . 
 
 . Eastland 
 
 . Leakey 
 
 . Waxahatchie. . 
 . El Paso
 
 TEXAS. 
 
 •-t!> 
 
 Count}/. 
 
 Bncinal. . 
 Erath.. . . 
 FUllB . . . 
 Fannin.. . 
 Fayette.. . 
 Msher. . . 
 Floyd.. . . 
 Ft. Bend . 
 Franklin.. 
 Freestone. 
 Frio .... 
 (iaines . . 
 (Jalveston. 
 (Jarza . . . 
 (Tillespie . 
 Goliad . . 
 Gonzales. . 
 Gray . . . 
 Grayson . 
 Greer.. . . 
 Gregt?.. . . 
 Grimes. . . 
 Guadalupe 
 Hale. ... 
 Hall.. . . 
 Hanulton. 
 Hansford.. 
 Hardeman. 
 Hardin . . 
 Harris. . . 
 Harrison.. 
 Hartley . . 
 Haskell.. . 
 Hays . . . 
 Hemphill 
 Henderson 
 Hidalgo . 
 
 Hill 
 
 Hockley . 
 Hood... . 
 Hopkins . 
 Houston . 
 Howard . 
 Hunt. . . . 
 Hutchinson 
 Jack. . . . 
 .lackson . 
 .Jasper. . . 
 .Jefferson. . 
 .Johnson . 
 Jones.. . . 
 Kames . . 
 Kaufman . 
 Kendall. . 
 Kent . . . 
 Kerr. . . . 
 Kimble . . 
 King . . . 
 Kinney . . 
 Knox.. . . 
 LAmar . . 
 Lamb . . . 
 I-iampasas 
 Ijs Salle. . 
 Lavaca. . . 
 Jjee .... 
 [jeon . . . 
 Jjiberty.. . 
 I>imestone 
 
 Ijipscomb. 
 Live Oak.. 
 IJano.. . . 
 liUbbock. . 
 Jjynn . . . 
 McCulloch 
 McLennan. 
 McMullen 
 Madison . 
 
 . Unorganized. 
 . Ktephensville 
 . Marlin . . 
 . Bon liana . 
 . La (i range 
 . Uoby . . . 
 . Unorganized 
 . liichmond . 
 . Mt. Vernon. 
 . Fairfield . . 
 . Pearsall. . . 
 . Unorganized 
 . Galveston. . 
 . Unorganized 
 . Fredericksbu 
 . Goliad . . . 
 . Gonzales. . . 
 . Unorganized 
 . Sherman . . 
 . Mangum. . . 
 . Longview. . 
 . Anderson . 
 . Seguin . . . 
 . Unorganized 
 . Unorganized. 
 . Hamilton . 
 . Unorganized 
 . Margaret . . 
 . Hardin. . . . 
 . Houston . . 
 . Marshall. . . 
 . Unorganized 
 . Haskell . . . 
 . Sun Marcos. 
 . Unorganized 
 . Athens. . . . 
 . Hidalgo . . 
 . Hillsboro.. . 
 . Unorganized 
 . Granbury. . 
 . Sulphur.Sprin 
 . Crockett . . 
 . Big Springs. 
 . Greenville. . 
 . Unorganized, 
 . Jacksboro 
 . Edna. . . . 
 . Jasper . . 
 . Beaumont 
 . Cleburne. . 
 . Anson . . 
 . Helena. . . 
 . Kaufman 
 . Boerne . . 
 . Unorganized, 
 . Kerrville 
 . Junction City 
 . Unorganized 
 . Brackett . 
 . Benjamin 
 . Paris . . . 
 . Unorganized, 
 . Lampasas . 
 . Cotulla ... 
 . Halletsville. 
 . Giddings.. . 
 . Centreville. . 
 . Liberty.. . . 
 . Groesbeck . 
 
 . Unorganized 
 . Oakville . . 
 
 . Llano 
 
 . Unorganized 
 . Unorganized 
 . Brady . . . 
 . Waco .... 
 . Tilden ... 
 . Madisonville 
 
 County Scat. Dist. Terms. 
 
 Attached to Webb for Judicial purposes. 
 
 ."jth Mon. after 1st Mun. March, September. 
 
 1st Mon. January, July. 
 
 3d Mon. February, August. 
 
 10th Mon. after 1st Mon. March, September. 
 
 4th Mon. alter 1st Mon. February, August. 
 
 Attached to Crosby for judicial purposes. 
 
 3d Mon. after 1st Mon. March, Scpiembcr. 
 
 loth Mon. after 1st Mon. February, September. 
 
 1st Mon. September, 2d Mon. February. 
 
 Sth Mon. alter 1st Mon. March, Si'ptembor. 
 
 Attached to Martin for judicial purposes. 
 
 1st Mon. February, April, June, 0(;l., Dec. 
 
 Attached to Scurry for judicial purposes. 
 
 ;;d Mon. February, September. 
 
 7th JNIon. utter 1st Mon. March, September. 
 
 1st Mon. January, od Mon. June. 
 
 Attached to Wheeler for judicial purposes. 
 
 ;^d Mon. March, September. 
 
 1st Mon. March, September. 
 
 2d Mon. after 1st Mon. January, July. 
 
 Jth Mon. after 1st Mon. March September. 
 
 l.Sth Mon. after 1st ilon, February, August. 
 
 Attached to Crosby for judicial purposes. 
 
 Attached to Donly for judicial purposes. 
 
 lotli Mon. after 1st ISlou. jNlarch, September. 
 
 Attached to Wheeler for judicial purposes. 
 
 l.ith Mon. after 1st Mon. February, August. 
 
 (jth Mon. after 1st Mon. Mai'ch, September. 
 
 2d Mon. March, October. 
 
 0th Mon. after 1st Mon. January. July. 
 
 Attached to Oldham for judicial purposes. 
 
 5th Mon. after 1st Mon. February, August. 
 
 Jst Mon. Marcii. September. 
 
 Attached to Wheeler for judicial purposes. 
 
 1st Mon. February, September. 
 
 4th Mon. after 1st Mon. April, October. 
 
 6th Mon. after 3d Mon. January, August. 
 
 Attached to Crosby for judicial purposes. 
 
 ;id Mon. March, September. 
 
 12th Mon. after 1st Alon. .January, July. 
 
 4th Mon. after 1st Mon. February, September. 
 
 4th Mon. February, September. 
 
 1st Mon. January, July. 
 
 Attached to Wheeler for judicial purposes. 
 
 2d Mon. January, July. 
 
 loth Mon. after 1st Mon. March, September. 
 
 1st Mon. March, September. 
 
 10th Mon. after 1st Mon. March, September. 
 
 12th Mon. after 3d Mon. January, August. 
 
 1st Alon. February, Angust. 
 
 .5th Mon. after 1st Mon. March, September. 
 
 1st Mon. June, December. 
 
 11th Mon. after 1st Mon. March, September. 
 
 Attached to Scurry for judicial purposes. 
 
 Sth Mon. after 1st Mon. March, September. 
 
 7th Mon. after 1st Mon. P'ebruary, September. 
 
 Attached to Knox for judicial purposes. 
 
 1st Mon. March, September. 
 
 13th Mon. after 1st Mon. Feliruary, August. 
 
 6th Mon. after 3d Mon. February, August. 
 
 Attached to Crosby for judicial purposes. 
 
 1st Mon. Mav, November. 
 
 lOth Mon. after 1st Mon. March, September. 
 25 1st Mon. February, August. 
 21 8th Mon. after 1st Mon. March, September. 
 
 12 12th Mon. after 1st Alon, March, Scpteniber. 
 9 22d Mon. after 1st Mon. March, Sepieniber. 
 
 13 4th Mon. after 2d :Mon. February, 1th Mon. after 
 1st Mon. Si^ptcniber. 
 
 31 Attached to Wliccler for iudicial purposes. 
 36 2d Mon. March, Srptember. 
 
 .S.3 14th Mon. after 1st Mon. February, September. 
 
 ■•^2 Attached to Crosby for judicial inirposes. 
 
 32 Attached to Howard for judicial purposes. 
 3.5 nth Mon. after 1st Mon. February, September. 
 19 1st Mon. March, October. 
 S6 4th Mon. March, September. 
 12 9th Mon. after 1st Mon. March, September. 
 
 JTexas 12.]
 
 750 
 
 TEXAS. 
 
 County. 
 
 Alarion 
 
 Martin 
 
 Mason 
 
 Matagorda. . . . 
 Maverick . . . . 
 
 Medina 
 
 Menard . . . . 
 Midland . . . . 
 
 Milam 
 
 Mitchell . . . . 
 Montague. . . . 
 Montgomery.. . 
 
 Moore 
 
 Morris 
 
 Motely 
 
 Nacogdoches. . 
 Navarro . . . . 
 
 Newton 
 
 Nolan 
 
 Nueces 
 
 Ochiltree . . . . 
 
 Oldham 
 
 Orange 
 
 Palo Pinto . . . 
 
 Panola 
 
 Parker 
 
 Parmer 
 
 Pecos 
 
 Polk 
 
 Potter 
 
 Presidio 
 
 Rains 
 
 Randall . . . . 
 Red River . . . 
 
 Reeves 
 
 Refugio 
 
 Roberts 
 
 Robertson . . . 
 Rockwall . . . . 
 
 Runnels 
 
 Rusk 
 
 8abine . . . . 
 8an Augustine 
 8a n Jacinto. . . 
 San Patricio . . 
 San Saba . . . . 
 
 Scurry 
 
 Shackelford . . 
 
 Seelby . . . 
 Sherman. . . 
 Smith . . 
 Somerville. . 
 Stan- .... 
 Stephens.. . 
 Stonewall. . 
 Swisher . . 
 Tarrant. . . 
 
 Taylor 
 
 Terry 
 
 Throckmorton 
 
 Titus 
 
 Tom Green.. . 
 
 Travis 
 
 Trinity 
 
 Tyler 
 
 Upshur .... 
 
 Uvalde 
 
 Val Verde . . 
 Van Zandt . . 
 Victoria. . . . 
 Walker .... 
 Waller .... 
 Washington . 
 
 Webb 
 
 Wharton. . . . 
 Wheeler , . . 
 
 County Seat. Dist. Terms. 
 
 13th Mon. after 1st Mon, February, September. 
 
 3d Mon. February, September. 
 
 4th Mon. after 1st Mon. February, September. 
 
 13th Mon. after 1st Mon. March, September. 
 
 12th Mon. after 1st Mon. March, September. 
 
 4th Mon. after Isl Mon. March, September. 
 
 9th Mou. after 1st Mon. February, September 
 
 1st Mon. Februarj-, September. 
 
 3d Mon. April, October. 
 
 12th Mon, after 1st Mon. February, September 
 
 nth Mon. after 1st Mon. January, August. 
 
 1st Mon. February, September. 
 
 Attaclied to Oldliam for judicial purposes 
 
 eth Mon. after 1st Mon. February, September. 
 
 Attached to Crosby for judicial purposes, 
 
 6tli Mou. after 1st Mon. February, .September. 
 
 1st Mon. May, December. 
 
 3d Mon. after l.st Mon. March, September. 
 
 9th Mon. after 1st Mon. February, September. 
 
 Ibth Mon. after 1st Won. April, October. 
 
 Attached to Wheeler for judicial purposes. 
 
 1st Mon. May, October. 
 
 6th Mon. after 1st Mon. March, Sepi ember. 
 
 let Mon. March, September. 
 
 14th Mon. after 1st Mon. January, July. 
 
 1st Alon. February, August. 
 
 Attached to Oldham for judicial purposes. 
 
 2d Mon. after 1st Mon. March, September. 
 
 13th Mon. after 1st Mon. March, September. 
 
 Attached to Oldham for judicial purposes. 
 
 4th Mon. after 1st Mon. March, September. 
 
 17th Mon. after 1st Mon. January, July. 
 
 Attached to Oldham for judicial purposes. 
 
 13th Mon. after 3d Mon. February, August. 
 
 1st Mon. March, September 
 
 2d Mon. March, September. 
 
 Attached to Wheeler for judicial purposes. 
 
 1st Mon. January. 2d Mon. June. 
 
 1st Mon. May, November. 
 
 7th Mon. after 1st Mon. February, September. 
 
 1st Mon. January, July. 
 
 1st Mon. February, September. 
 
 2d Mon. after 1st Mon. February, September. 
 
 8th Aion. after 1st Mon. March, September. 
 
 1st Mon. March, September. 
 
 nth Mon. after 1st Mon. February, September. 
 
 7th Mon. after 1st Mon. February, September. • 
 
 12th Mon. after 1st Mon. P'ebruury, 14th Mon. 
 
 after 1st Mon. August. 
 18th Mon. after 1st JMon. January, July. 
 Attached to Oldham for judicial purposes. 
 5th Mon. after 1st Mon. January, July. 
 4th Mon. after 1st Mon. March, September. 
 6th Mon. after 1st Mon. April, October. 
 12th Mon. after 1st Mon. February, August. 
 Attached to Jones for judicial purposes. 
 Attached to Donly for judicial purposes. 
 6th Mon. after 1st Mon. February, August, 3d 
 
 Mon. May, November. 
 4th Mon. after 1st Mon. February, 6th Mon. after 
 
 1st Mon. August. 
 Attached to Howard for judicial purposes. 
 8th Mon. after 1st Mon. February, August. 
 8th Mon. 1st Mon. Febrnary, September. 
 10th Mon. after 1st Mon. February, September. 
 1st Mon. March, October. 
 2d Mon. February, August. 
 14th Mon. after l.st Mon. March, September. 
 1st Mon. January, July. 
 2d Mon. after 1st Mon. March, September. 
 1st Mon. April, October. 
 13tlj Mon. after 1st Mon. January, Julj'. 
 10th Mon. after 1st Mon. March, September. 
 1st Mon. March, September. 
 1st Mon. March, September. 
 1st Mon. March, September. 
 9th Mon. after 1st Mou. April, October. 
 7th Mon. after 1st Mon. March, September. 
 1st Mon. April, November. 
 
 ITexas 13.1 
 
 Jeft'erson 
 
 Marienfeld . . . 
 
 Mason 
 
 Matagorda.. . . 
 Eagle Pass. . . . ■ 
 Castroville. . . . 
 Menardville . . 
 Midland .... 
 
 Cameron 
 
 Colorado City . 
 Montague. . . . 
 Montgomery.. . 
 Unorganized.. . 
 Daingerfield. . . 
 Unorganized.. . 
 Nacogdoches. . 
 Corsica na . . . 
 
 Newton 
 
 Sweetwater . . 
 Corpus Christi.. 
 Unorganized.. . 
 
 Tascosa 
 
 Oransre .... 
 Palo Pinto . . . 
 
 Carthage 
 
 Weatherford .• 
 Unorganized.. . 
 Ft. Stockton . . 
 Livingston.. . . 
 Unorganized . . 
 
 Mai'fa 
 
 Emoi-y 
 
 Unorganized.. . 
 Clarksville. . . . 
 Pecos City . . . 
 
 Refugio 
 
 Unorganized.. . 
 
 Franklin 
 
 Rockwall 
 
 Runnels City. .. 
 Henderson . . . 
 Hemphill . . . 
 .San Augustine. 
 Cold Springs ... 
 San Patricio . . 
 
 San Saba 
 
 Snyder 
 
 Albany 
 
 Centre 
 
 Unorganized. .. 
 
 Tyler 
 
 Glen Rose . . . 
 
 Pvio Grande City 
 
 Beckenridge . . 
 
 Unorganized.. . 
 . Unorganized.. . 
 , Ft. Worth. , . . 
 
 Abilene 42 
 
 Unorganized.. . 
 . Tlirockmor ton . 
 
 Mt. Pleasant . . 
 
 San Angelo. . . 
 
 Austin 
 
 Groveton 
 
 Woodville . . . 
 
 Gilmer 
 
 TTvalde 
 
 Del Rio 
 
 Canton 
 
 Victoria 
 
 , Huntsville . . . 
 
 Hempstead . . . 
 , Brenham . . . . 
 
 . Laredo 
 
 , Wharton 
 
 , Mobeetie
 
 TEXA.S. 751 
 
 County. County Seat, Dist. Terms. 
 
 Wichita Wichita Falls . 30 16th Mon. alter Ist Mon. Jannary, July. 
 
 "Wilbarger . . . Veruon 30 20tli Mou. after 1st Mon. January, July. 
 
 Williamson. . Georgetown . . 26 Ist Mon. January, July. 
 
 Wilson Floresville. ... 2.5 17th Mon. alter 1st Mon. February, August. 
 
 Wise Decatur 16 6th Mon. after Ist Mon. January, August. 
 
 "Wood Quitman.. . . 7 19th Mon. after Ist Mon. January, July 
 
 Yoakum Unorganized.. . 32 Attached to Howard for judicial purposes. 
 
 Young Graham 30 5th Mon. after Ist Mon. January, .July. 
 
 Zapata Carrizo L'« 7th Mon. after 1st Mon. April, October. 
 
 Zavalla Batesville ... 36 11th Mon. after Ist Mon. March, September. 
 
 Curtesy.— Ill this state tlie rules of descent and distribution are governed 
 by statutory enactment. — (»S«e Descent and Distribution.) 
 
 Deeds. — Every conveyance affecting realty must be in writing, subscribed 
 and dt'livcrt'd by the party disposing of the same, or by his agent thereunto 
 authorized by writing. 
 
 In order to pass title as against subsequent purchaser in good faith, with- 
 out notice tii ere uf, and for a valuable consideration, or against a creditor, 
 such conveyance must be acknowledged by the party who shall have signed 
 and delivered it ; or proved in the manner provided by law ; and befoje 
 some officer authorized by law to take such acknowledgments or proof, and 
 be filed for record with the clerk of the county where the land, or a part 
 thereof, is situated. 
 
 Every conveyance purporting to carry a larger estate than the grantor 
 really has, sliall be ett'ected in passing so much as he might lawfully convey. 
 No technical words necessary to convey title. A seal is not necessary to the 
 validity of a deed or any other instrument, except such as are executed by 
 corporations, which require their corporate seal. Every deed or conveyance 
 of real estate must be signed or acknowledged by the grantor in the presence 
 of at least two credible subscribing witnesses thereto, or must be duly ac- 
 knowledged before some officer authorized to take acknowledgments, and 
 properly certified to by him for I'egistration. 
 
 Every conveyance of real estate by a commissioner, sheriff or other officer 
 legally authorized to sell, under or by virtue of a decree or judgment of any 
 court within this state, shall be good and effectual to pass the absolute title 
 to such real estate to the purchaser thereof, but nothing herein shall be con- 
 strued to affect the right, title or interest of any person or persons, other 
 than the parties to such conveyance, decree or judgment, and those claiming 
 under him. An estate of freehold or inheritance may be made to commence 
 in future by deed or conveyance in like manner as by will. 
 
 Form of General Warranty Deed. 
 
 Statk ok Texas, } 
 County of . S ' 
 
 Know all men by these presents, That , part — of the first part, in con- 
 sideration of , have granted, bargained and sold, and do hereby grant, 
 
 bargain, sell, alien, convey and confirm unto the said , part — of the 
 
 second part, heirs and assigns forever : (Here describe the property.) 
 
 To have and to hold, all and singular, the above described and conveyed 
 premises and property, with all the right, privileges, hereditaments, and ap- 
 purtenances thereunto belonging, or in anywise appertaining, luito the said 
 
 , part — of the second part, heirs or assigns forever; and , the 
 
 said part — of the first part, do hereby bind heiis, executors and admin- 
 istrators unto the said part — of the second part, heirs and assigns, the 
 
 well seized of all and singular the said property and premises ; that 
 
 ha — good right and lawful authority to make this sale, and conveyance 
 
 of the same ; that said property and premises are free and clear of all and 
 
 every incumbrance, and that unto the said part — of the second part, 
 
 heirs and assigns, and heirs, executors and administrators, will 
 
 [Texas 14.]
 
 762 TEXAS. 
 
 forever warrant and defend the same against all adverse lawful claim or 
 claims ■whatsoever. 
 
 In testiraony whereof, do hereunto affix hand, this day of , A. 
 
 D. one thousand eight hundred and eighty . 
 
 Witness at request of grantor: . [scroll.] 
 
 . [SCROI.1,. J 
 
 Descent and Distribution. — Where any person dies intestate, leaving no 
 surviving husband or wife, his property descends in the following order : 1. 
 To his children and their descendants. 2. If there be no children nor their 
 descendants, then to his father and mother in equal portions. But if only 
 the father or mother survive the intestate, then his estate shall be divided 
 into two equal portions, one of which shall pass to such survivor and the 
 other half shall pass to the brothers and sisters of the deceased and to their 
 descendants, but, if there be none such then the whole estate shall be in- 
 herited by the surviving father or mother. 3. If there be neither father nor 
 mother, then the whole of such estate shall pass to the brothers and sisters 
 of the intestate and to their descendants. 4. If there be none of the kindred 
 aforesaid, then the inheritance shall be divided into two moieties, one of 
 Vhich shall go to the paternal and the other to the maternal kindred in the 
 following course, that is to say: To the grandfather and grandmother in 
 equal portions; but if only one of these be living tlien the estate shall be 
 divided into two equal parts, one of which shall go to such survivor and the 
 other shall go to tlie descendant or descendants of such deceased grandfather 
 or grandmother. If theie be no such descendants then the whole estate 
 shall be inherited by the surviving grandfather or grandmother. If there be 
 no surviving grandfather or grandmother then the whole of such estate shall 
 go to their descendants, and so on without end, passing in like manner to the 
 nearest lineal ancestors and their descendants. 
 
 Where any person dies, leaving a surviving husband or wife, his estate 
 shall descend as follows: 1. If the deceased have a child or children, or 
 their descendants, the surviving husband or wife shall take one-third of the 
 personal estate and the balance of such personal estate shall go to the child 
 or children of the deceased and their descendants. The surviving husband 
 or wife shall also be entitled to an estate for life in one-third of the land of 
 the intestate, with remainder to the cliild or children of the intestate and 
 their descendants. 2. If the deceased have no child or children or their de- 
 scendants, then the surviving husband or wife shall be entitled to all the 
 personal estate, and to one-half of the land of the intestate without remain- 
 der to any person, and the other half shall pass and be inherited according 
 to the rules of descent and distribution ; provided, however, that if the de- 
 ceased have neither surviving lather or mother nor surviving brothers and 
 sisters, or their descendants, then the surviving husband or wife shall be en- 
 titled to the whole of the estate of sucli intestate. 
 
 No conviction shall work corruption of blood or forfeiture of estate, nor 
 shall there be any forfeiture by reason of death by casualty, and tlie estates 
 of those who destroy their own lives, shall descend or vest as in case of 
 natural deatli. 
 
 No right of inheritance shall accrue to any person whatsoever, other than 
 to children or lineal descendants of the intestate, unless they be in being 
 and capable in law to take as heirs, at the time of the intestate's death. 
 
 Upon dissolution of marriage by death, all property belonging to the com- 
 munity estate of the husband and wife shall go to the sui-vivor, if the 
 deceased have no child or children ; but if the deceased have a child or chil- 
 dren, his survivor shall be entitled to one-half of said property and the other 
 half shall pass to the child or children of the deceased. Community estate, 
 in every case passes, charged with the debts against it. 
 
 When a man, having by a woman, a child or children, shall afterward 
 intermarry with such woman, such child or children, if recognized by him, 
 shall thereby be legitimate and made capable of inheriting his estate. The 
 
 [Texas 15.]
 
 TEXAS. 753 
 
 issue also of marriages deemed null in law shall nevertlieless be legitimate. 
 Bastards shall be cajjable of inheriting from and through their mother and 
 of transmitting estates, and shall also be entitled to distributive shares of 
 the personal estates of any of their kindred, on the part of tlieir mother, in 
 like manner as if they ha(l been lawfully begotten of sueli motlier. 
 
 In making title to lauil by deseent, it shall be no bar to a party, that any 
 ancestor through whom he derives liis descent from the intestate, is or has 
 been an alien, and every alien, to whom any land may be devised or may 
 descend, sliall have nine years to become a citizen of the state and take pos- 
 session of such land, or shall have nine years to sell the same before it sliall 
 be declared forfeited or shall eselieat to the government; provided, that the 
 treaties of the United States with the nation to which such alien may belong 
 do not otherwise direct ; ant I provided further, that aliens may take and hold 
 any property, real or personal, in this state by devise or descent, from any 
 alien or citizen, in the same manner in which citizens of the United States 
 may take and hold Veal or i^ersoual estate by devise or descent within the 
 county of sueli claim. 
 
 Depositions. — May be taken of all witnesses. To take the deposition of 
 any witness it is necessary that the opposite party or his attorney of record 
 shall be sei-ved with notice (iinless the same is waived or service thereof ac- 
 cepted) stating name and residence of witness, together with a coi)y of in- 
 terrogatories, live days before the commission will issue. 
 
 At the expiration of that time the clerk of the court will issiie a commis- 
 sif)n with copy of the interrogatories and cross-interrogatories, directed to 
 any officer authorized to administer oaths and give certificate thereof. 
 
 In taking the testimony the officer will make a caption, stating the name 
 and style of the case, the appearance of the witness, etc., as is usual, and 
 after swearing the witness will proceed to take his answers to the several 
 interrogatories and cross-interrogatories, separately, which being written, 
 must be "swoni to and subscribed " by the witness, to which fact the officer 
 must certify under his hand and official seal. 
 
 Instructions for taking Depositions. 
 
 If the witness voluntarily appear, he may proceed with the examination ; 
 if the witness do not voluntarily appear (in this state) he has the power to 
 issue a subpoina requiring his attendance at a given time and place. If 
 within the county, and the witness refuse to appear in obedience to the 
 subpoena, attachment niaj^ be issued by the officer to compel his attendance. 
 Upon the appearance of the witness the officer will proceed to swear him (or 
 in case of conscientious scruples he may affirm) and take his answers to the 
 interrogatories and cross-interrogatories, in writing, seriatim. The officer 
 may employ a sworn interpreter to facilitate taking testimony, the officer 
 writing down the answers, which, when completed, must be signed by the 
 witness. 
 
 Form of Deposition. 
 
 State of 
 County of 
 
 By authority of the commission directed to me and interrogatories accom- 
 panying the same, which are hereto attached, from the clerk of the 
 
 court of county in the case of vs. , now pending in said 
 
 court, I caused to come before me at my office in the city of and county 
 
 of and state of , the witness , therein named, a resident of the 
 
 county of and state of , who being by me duly sworn to speak the 
 
 truth, the whole truth, and nothing but the truth, in answer to the several 
 interrogatories and cross-interrogatories in said cause, propounded to him, 
 proceeded to answer the same as follows : 
 
 In answer to interrogatory 1st, the witness says : 
 
 (Here state each answer and have witness to sign.) 
 [Texas 16.]
 
 754 TEXAS. 
 
 Conclusioji of Deposition. 
 
 Which answers I caused to be reduced to writmg and they were sworn to 
 
 and subscribed, by said witness, before me at my office, in the city of 
 
 county of , state of , on this the day of , A. D. 18 — . 
 
 In testimony whereof, I have hereto set mv hand and official seal, this the 
 
 day of , A. D. 18—. 
 
 [seal.] (^Official Signature.) 
 
 Fees of the ofHccr should be noted on the depositions and by whom paid. 
 
 The officer will then attach the answers to the commission and interroga- 
 tories, and place them in an envelope, which the officer must seal up and 
 write his name across the seal. He must further endorse on the envelope 
 the names of the parties to the suit, and the name of the witness who has 
 
 given his deposition, as " vs. ■ '" ; "depositions of ." He must 
 
 then direct the envelope to the clerk of the court from which the commis- 
 sion issued, as : 
 
 "To the clerk of the district court of county." 
 
 He must then, in person, deliver the package to the i)ostniaster or his 
 deputy, if sent by mail, who must endorse thereon : 
 
 " Received the within deposition from the hands of , the officer who 
 
 took the same. 
 
 Postmaster, .'' 
 
 Depositions may be returned also by the person taking them, or by 
 another, in whicli event, the person returning them must make affidavit that 
 they have undergone no change. (These directions are usually fully given 
 in the commission. ) 
 
 The following officers may take and return depositions : 1. If the witness 
 is within this state, any clerk of the district court, any judge or clerk of the 
 county court or any notary public of the proper county. 2. If the witness 
 is without this state, but within the United States, any clerk of a court of 
 record having a seal, any notary public or any commissioner of deeds duly 
 appointed under the laws of this state, within some other state or territory. 
 4j. If the witness is without the United States, any notary public or any 
 minister, commissioner or charge de'afiaires of the United States, resident in 
 and accredited to the country where the deposition may be taken, or any con- 
 sul general, con.sul, vice-consul, commercial agent, vice commercial agent, 
 deputy consul or consular agent of the United States, resident in such 
 country. 
 
 Divorce. — The district court shall have power to hear and determine suits 
 for the dissolution of marriage, where the cause alleged therefor shall be 
 natural or incurable impotency of body at the time of entering into the mar- 
 riage contract, or any other impediment that renders such contract void, and 
 has power to decree the marriage to be null and void. 
 
 Divorce by separation from the bonds of matrimony may be decreed in the 
 following cases: 1. When either husband or wife is guilty of excessive 
 cniel treatment or outrages toward the other, if such ill treatment is of such 
 a nature as to render their living together insupportable. 2. In favor of the 
 husband when his wife shall have been taken in adviltery, or when she shall 
 have voluntarily left his bed and board for the space of three years, with the 
 intention of abandonment. '■\. In iavor of the wife when the husband shall 
 have left her for three years with intention of abandonment, or when he shall 
 have abandoned her and lived in adultery with another woman. 4. In favor 
 of either the husband or wife, when the other shall have been convicted, 
 after marriage, of a felony and imprisoned in the state prison ; provided, 
 that no suit for divorce .shall lie sustained because of the conviction of either 
 party for felony iintil twelve months after final judgment of conviction, 
 
 [Texas 17. | 
 
 J
 
 TEXAS. 755 
 
 nor tlion, if tlic governor shall have pardoned the convict ; provided, tliat 
 the husband has not been convicted ou the testimony of the wife, nor the 
 wife on the testimony of the husband. 
 
 Suit for divorce cannot be maintained, unless the petitioner tliere for. shall, 
 at the time of tiling the petition, be an actual bond fide inhabitant of the 
 state, and shall have residetl in the comity when suit is tiled, at least six 
 months next i)receding the tiling of suit. 
 
 Defendant in shall not be compelled to answer upon oath, nor shall the 
 petition be taken for confessed, for the want of an answer ; but the decree 
 of the court shall be rendered upon full and satisfactory evidence, indepen- 
 dent of the confession <jr admission of either party, and upon the verdict of 
 a jury, if a jury shall have been demandetl by either party, and if not, upon 
 the judgment of the court allirmhig the material facts alleged in the peti- 
 tion. 
 
 In any suit for divorce, ibi- the cause Jof adultery, if it be proven that the 
 plaintiff has been guilty of like crime, or has admitted defendant into con- 
 jugal society or embraces, after he or she knew the fact ; or that i)laintifi' 
 connived at defendant's prostitution, or exposed defendant to lewd company 
 whereby she became ensnared to the crime of adultery, no divorce can be 
 granted; or if such adultery is occasioned by collusion of the parties and 
 is done with intention of procuring a divorce, or when both parties are guilty 
 of adultery, then no divorce shall be decreed. 
 
 Legitimacy of children not affected by divorce. Either party divorced 
 may marry again. 
 
 Pending divorce proceedings, the court may make such temporary orders 
 respecting the property and parties, as shall be deemed necessary and equit- 
 able. 
 
 If the wife has not a sufficient income for her maintenance during the 
 divorce proceedings, the judge may, either in term time or in vacation, after 
 due notice, allow her a sum for her support, in proportion to the means of 
 the husband, until a final decree shall be made in the case. 
 
 Court may give custody of children to either father or mother as to the 
 court may seem right and proper, having regard to the prudence and ability 
 of the parents, and the age and sex of the child or children. 
 
 Dower. — None in this state. 
 
 Evidence. — The common law is in force when not modified by statute. 
 The statutes provide that no person shall be incompetent to testify on ac- 
 count of color, nor because he is a party to a suit, or interested in the issue 
 tried. The husband or wife of a party to a suit shall not be incompetent to 
 testify therein, except as to confidential communications between such hus- 
 band and wife. In suits by or against executors, administrators or guardians, 
 where judgment may be rendered for or against them as such, neither party 
 shall be allowed to testify against the other as to any transaction with, or 
 statement by the testator, intestate or ward, unless called to testify thereto 
 by the opposite party. 
 
 Religious opinion, or want of religious belief, does not render a person 
 incompetent to testify. 
 
 Printed statute books of this state, of the United States, of the District 
 of Columbia, or of any state or territory of the United States, or of any for- 
 eign government, purporting to have been printed under the authority 
 thereof, shall ha received as evidence of the acts and resolutions therein 
 contained. 
 
 Certified copy under the hand and seal of the secretary of state of this 
 .state, of any act or resolution contained in any of such printed statute books 
 deposited in his office, or of any law or bill, public or private, deposited in 
 his office, in accordance with law, shall be received as evidence thereof. 
 
 Copies of the records of all public offices and courts of this state, certified 
 to under the hand and seal (if there be one) of the lawful possession of 
 [Texas 18 ]
 
 756 TEXAS. 
 
 such records, shall be admitted as evidence, in all cases -where the records 
 themselves would be admissible. 
 
 Translated copies of all records in the land office, certified to vmder the 
 hand of the translator and the commissioner of the general land office, at- 
 tested with the seal of said office, shall be 'prima facie, evidence in all cases 
 where the original I'ecords would be evidence. 
 
 The secretary of state, attorney general, commissioner of the general land 
 office, comptroller, treasurer, adjutant general, and commissioner of insur- 
 ance, statistics and history, shall furnish to any one applying therefor, a copy 
 of any paper, document or record in their respective offices, and also give 
 certificates, attested by the seals of their respective offices, certifying to any 
 fact or facts contained in the papers, documents or records of their offices, 
 and the same shall be received in evidence in all cases in which the originals 
 would be evidence. 
 
 All declarations and protests made and acknowledgments taken by notar- 
 ies public, and certified copies of their records and official papers, shall be 
 received as evidence of the facts therein stated in all the courts of this state. 
 
 Copies of all conveyances and other instruments of writing between priv- 
 ate individuals, which were filed in the office of any clerk or judge in Texas, 
 previous to the first Monday in February, 1837, shall be admissible in evi- 
 dence and shall have the same force and eflect as the originals thereof, pro- 
 vided, such copies are certified under the hand and official seal of the officer 
 with whom the originals are now on deposit. 
 
 Every instrument in writing, liermitted by law to be recorded in the office 
 of the clerk of the county court, and which has been so recorded, after being 
 proven or acknowledged in the manner i^rovided by law in force at the time 
 of its registration, shall be admitted as evidence without the necessity of 
 proving its execution; provided, that the party who wishes to give it in evi- 
 dence shall file the same among the papers of the suit, in which he proposes 
 to use it, at least three days before the trial of the cause is begun, and give 
 notice thereof to the opposite party or his attorney of record, and unless 
 such opposite party, or some person for him, shall, within three days before 
 the trial of the cause, file an affidavit that he believes such instrument to be 
 a forgery. And whenever an affidavit is made that any instrument recorded 
 as aforesaid has been lost and that the original cannot be procured, a certi- 
 fied copy of the record of any such instrument shall be admitted in like 
 manner as the original. 
 
 Rate of interest in every other state, territory or county is presumed to be 
 same as here, unless otherwise alleged and proven. 
 
 In all actions upon open accounts, supported by affidavit that same is 
 within the knowledge of affiant, just and true, that it is due, and that all 
 just and lawful offsets, payments and costs have been allowed, the same shall 
 be taken as 'prima facie evidence thereof, unless defendant file his denial 
 thereto under oath, that it is not just or true in whole or in part, and it iu 
 part stating the items and particulars which are unjust. 
 
 Executions. — Are issued immediately after the adjournment of court, or 
 after the lapse of twenty days (if the court is still in session) from final 
 judgment, in the district and county courts, and after the overruling of any 
 motion for a new trial, if no supersedeas bond or appeal or writ of error has 
 been filed and approved. 
 
 Are issued from justices' coui"ts after ten days from final judgment, unless 
 appeal taken by opposite party. 
 
 Upon filing an affidavit that the party against whom a judgment for 
 money, other than a judgment for costs, etc., has been rendered, is about to 
 remove his property out of the county, or is about to transfer or secrete his 
 property for the purpose of defrauding his creditors, execution may be 
 issued immediately. 
 
 When plaintiff dies after judgment, execution shall issue in the name of 
 the legal representatives of the deceased, upon an affidavit of such death 
 being filed with the clerk, together with a certificate of the appointment of 
 
 fTcxa.s 19.1 
 
 A
 
 TEXAS. 757 
 
 «uch representative, under the lisind and seal of the clcrkol" the court whorehi 
 such appointment was made. 
 
 When an executor, administrator, guardian or trustee of an express trust, 
 tlies or ceases to bo sucli executor, administrator, guardian or trustee, after 
 judgment, execution sliall issue in the name of his successor upon an affi- 
 ilavit of such death being filed with the clerk, together with the certificate 
 oi' ap])ointment of such successor, under the hand and seal of the clerk of 
 the court wherein such appointment was made. When any person in whose 
 iavor a judgment Avas rendered, for the use of another, dies after jvulgment. 
 execution shall issue in the name of the party for whose use the suit was 
 brought, upon an athdavit of such death being filed with the clerk. 
 
 Where the sole defendant dies after judgment I'or money, against him, no 
 execution shall issue, but the judgment may be proved up and paid in due 
 course of administration. Executions shall first be issued to the county 
 where judgment is rendered, and upon return thereof, that no property can 
 be found, or not sufficient to satisfy same, it may be issued to any county in 
 t lie state. Are returnable to the first day of the next term of court, or in 
 thirty, sixty or ninety days, if so directed by plaintiff", his agent or attorney. 
 From justices' court, are returnable in sixty days. 
 
 Tht, officer receiving an execution shall endorse thereon the exact hour and 
 <Iay so received, and if more than one, must number them as received, and 
 <»n failure so to do, or in case of false indorsement, he and his sureties shall 
 be liable on motion in the court from which the execution issued, three days 
 notice being given; to judgment in favor of i)laintiff" in execution for twenty 
 per cent, on the amomit of the execution, together with such damages as 
 plaintiff may have sustained. 
 
 Officer receiving execution shall first call on defendant to point out pro])- 
 erty to be levied on, and a levy shall be made on such property. If no prop- 
 erty be designated, or not sufficient to satisfy the judgment, he shall levy on 
 defendant's property as follows : 1. On personal or movable property. 2. 
 On uncultivated lands. B. On cultivated lands. In levying on real estate, it 
 is not necessary to go upon the land, but only to return such levy on the 
 writ. Levy on p(;rsonal property is made by taking j)ossession thereof, when 
 the defendant is entitled to possession ; but when he oifiy has an interest in 
 them, and is not entitled to possession, the levy is made by giving notice 
 thereof to the per.son who is entitled to such possession. 
 
 Levy on horses, mules, jacks, jennets, horned cattle, or hogs running at 
 large on the range, may be made as they are on the range, in the presence of 
 two or more credible persons, and notice thereof shall be given to the owner 
 or his herder, or agent, if residing in the county and known to the officer. 
 
 Real estate taken under execution shall be sold at public auction at the 
 court house door of the county, on the 1st Tuesday of the month, between 
 10 a. m and 4 p. m. Personal property under execution may be sold on teu 
 days' notice of such sale. 
 
 Executors. — The rights, powers and duties of executors and administra- 
 tors shall be governed by the common law, when not otherwise provided by 
 .statute. He shall take such care of the estate of his testator or intestate, as 
 a prudent man would take of his own property, and if any buildings thereon, 
 keep them in tenantable repair, extraordinary casualties excepted, unless 
 <lirected not to do so by order of court. All suits against an executor as 
 such, to establish a money demand against the estate which he represents, 
 must be bnnight in the county where such estate is administered. 
 
 Suits to recover personal property, debts or damages, and suits for the 
 title or possession of land or for any riglit attached to or growing out of the 
 same, may be instituted by the executor, in like manner, as could have been 
 done by their testator or intestate. In all suits against the estate of dece- 
 dent, involving the title to real estate, the executor or administrator and 
 heirs must be made parties. 
 
 When a recovery of money is had against an executor, administrator or 
 [Texas 20.]
 
 758 TEXAS. 
 
 guardian, as sucli, the judgment shall state that it is to be paid in the due 
 course of administration, and no execution shall issue on svich judgment, 
 but the same shall be certified to the county court, sitting in matters of pro- 
 bate, to be there enforced in accordance with law. Are not required to give 
 bond on any appeal or writ of error, taken by them in their fiduciary 
 capacity, nor security for costs. In case of the death of any party entitled 
 to an appeal or writ of error, the same may be taken by his executor or 
 administrator. 
 
 In actions by or against executors, administrators or guardians, in wliich 
 judgment may be rendered for or against them as such, neither party shall 
 be allowed to testify against the others as to any transaction with or .state- 
 ment by the testator, intestate or ward, unless called to testify thereto by 
 the opposite party ; and this provision extends to and includes all actions by 
 or against the heirs or legal representatives of a decedent arising out of any 
 transaction with such decedents. Suits on the bond of executors, adminis- 
 trators or guardians becomes barred by limitation, in four years after their 
 death, removal, resignation or discharge. 
 
 Executor may resign at any time by presenting to the court, when admin- 
 istration is pending, his written application, stating such wish, and shall ac- 
 company such application with a full and complete exhibit of the condition 
 of the estate, together with his administration account, both of which shall 
 be verified by affidavit. 
 
 Exemptions. — Property reserved to every family from forced sale : The 
 homestead of the family. The homestead shall consist of two hundred acres 
 of land in the country, which may be in one or more parcels, with the im- 
 provements ; in a city, town or village, of a lot or lots not to exceed in value 
 $5,000 at the time of their designation as the homestead, without reference 
 to the value of any improvements, provided it is used for the purpose of a 
 home or the place of business for the head of a family. 
 
 All household and kitchen furniture ; any lots in a cemetery for sepulchre, 
 all implements of husbandry ; all tools, apparatus and books of any profes- 
 sion or trade; the family library, and all family portraits and pictures; five 
 milch cows and calves; two yoko of work oxen, with necessary yokes and 
 chains ; two horses and one wagon, one carriage or buggy ; one gun ; twenty 
 hogs ; twenty heads of sheep ; all saddles, bridles and harness necessary for 
 the use of the family ; all provisions and forage on hand for home consumi)- 
 tion, and all current wages for personal services. Exempt to persons not 
 constituents of a family: A lot (or lots) in a cemetery, held for the purpo.'^e 
 of sepulchre ; all wearing apparel ; all tools, apparatus and books belong- 
 ing to any trade or profession ; one horse, saddle and bridle; current wages 
 for personal services. Exemption of homestead does not apply where the 
 debt is due : 1st. For purchase money. 2d. For taxes, od. For improve- 
 ments, but must be contracted for in Avriting, and executed and acknowl- 
 edged by husband and wife, and acknowledgment of wife taken privately 
 and apart from her husband. 
 
 Exemiition to every ferryman : one ferry boat, keel or flat boat, used as a 
 ferry boat, with necessary tackle for operating the same, not exceeding in 
 value $500. 
 
 To counties, cities and towns, all property owned and held only for public 
 purposes, such as public buildings and sites therefor, fire engines and the 
 furniture thereof, and all property used or intended for extinguishing fires, 
 public gnmnds and other property, devoted exclusively to the use and benefit 
 of the i)ublic; provided, the vendor's lien, mechanic's or builder's lien, or 
 other liens existing on April 18th, 1876, when the existing constitution went 
 into effect, shall not be interfered with. All public libraries are exempt from 
 every species of forced sale. 
 
 Factors and Commission Merchants.— ^hall not i>urchase or reserve 
 any interest in goods, etc., consigned to them, either directly or indirectly, 
 without express license from the owner or consignor. 
 
 [Texas 21.]
 
 TEXAS. 759 
 
 In a reasonable time, after sale, shall render to the owner or consignor a 
 comi)loto account of sale thereof, ■which shall state the, date of sale, nature 
 of the purchase, terms of sale, and if sold hy weight, the wei<;ht thereof in 
 gross and tlie rate allowed, and accompany same with a certilicate or mem- 
 orandum in writing, signed by the weigher, who weiglied the same, of the 
 weight and condition, as required by law, under penalty of not more than 
 $500 nor less than $100. 
 
 False Pretense. — The acquisition of any personal or movable i^roperty, 
 money or iustiument of writing conveying or securing a vahiable right by 
 means of some false or deceitful pretense or devise, or fraudulent represen- 
 tation "with intent to appropriate ,the same to the use of the party so acquir- 
 ing, or of destroying or impairing the rights of the party justly entitled to 
 tlie same, is defined by our statutes as ''swindling," and is punishable in 
 the same manner as theft. 
 
 Frauds and Fraudulent Conveyances. — No action can be brought and 
 sustained in the following cases, unless the promise or agreement uptjn which 
 such action shall be brought, or some memorandum thereof, shall be in 
 writing and signed by the party to be charged therewith, or by some person 
 by him thereunto lawfully authorized : 1. To charge any executor or ad- 
 ministrator upon any promise to answer any debt or damages due from his 
 testator or intestate, out of his own estate ; or, 2. To charge any person 
 upon a promise to answer for the debt, default or miscarriage of another; or, 
 3. To charge any j)erson upon any agreement made upon consideration of 
 marriage; or, 4. Upon any contract for the sale of real estate or the lease 
 thereof for a longer term than one year; or, 5. Upon any agreement which 
 is not to be performed within the space of one year from the making 
 thereof. 
 
 All gifts, conveyances, assignments, transfers of, or charge upon any real 
 estate or personal property, every suit commenced or decree, judgment or 
 execution suffered or obtained, and every bond or other writing given with 
 intent to delay, hinder or defraud creditors, purchasers or other persons of 
 or from what they are or may be lawfully entitled to, shall, as to such credi- 
 tors, purchasers or other persons, their representatives or assigns, be void. 
 The above, however, does not affect the title of a purchaser, for valuable 
 consideration, unless it ai)pear that he liad notice of the fraudulent intent of 
 his immediate grantor, or if the fraud rendering void the title of such 
 grantor. 
 
 All gifts, conveyances, assignments, transfers and charges made by a deb- 
 tor, which is not upon valuable consideration in law, is void as to pii(jr cre- 
 ditors, unless it ajjpoars that such debtor was then jjossessed of property 
 within this state, subject to execution, sufficient to pay his existing debts ; 
 but the same shall not, on that account, merely be void as to subsequent 
 creditors. No gifts of goods or chattels shall be valid unless by deed or 
 will, duly acknowledged or proven up and recoided, or unless actual pos- 
 .session shall have come to and remained with the d<mor or some one claim- 
 ing under him. 
 
 When any loan of goods or chattels shall be pretended to have been made 
 to any person with whom, or those claiming under him, possession shall 
 have remained for two years without demand made and pursued by due pro- 
 cess of law on the ])art of the pretended lender; or when any reservation or 
 limitation shall be pretended to have been made of a use of property, by way 
 of condition, reversion, remainder or otherwise in goods and chattels, the 
 l)Ossession whereof shall have remained in another as aforesaid, tlie same 
 shall be taken as to the purchasers and creditors of the persons aforesaid, so 
 remaining in possession, to be fraudulent within this chapter and that the 
 absolute ])roperty is with the possession, uidess such loan, reservation or 
 limitation of use of property were declared by will, or by deed or other in- 
 .strument in writing, duly acknowledged or proved or record<',d. 
 ITexas 22.)
 
 760 TEXAS. 
 
 Garnishment. — Clerks of the district and county courts and justices of 
 tlie peace may issue writs of g;iruishineut, returnable to tlieir respective 
 courts iu the following cases : 1. When an original attachment has been 
 issued as ijrovided by law. 2. When the plaintiff sues for a debt antl makes 
 affidavit that such debt is just, due and unpaid, and that the defendant has 
 not, within his knowledge, property iu his possession within this state, sub- 
 ject to execution sufficient to satisfy such debt, and that the garnishment 
 applied for is not sued out to injure either the defendant or the garnishee. 
 3. When plaintiff has a judgment and makes affidavit that the defendant 
 has not, within his knowledge, property within his possession in this state, • 
 subject to execution suthcient to satisfy such judgment. 
 
 In the cases mentioned in sub-division ^ above, i)laintiff nuist execute a 
 bond, with two or more good and sufficient sureties, to be api)roved by the 
 officer issuing the writ, payable to the defendant in tlie suit, in double the 
 amount of the debt claimed therein, conditioned that lie will prosecute his 
 suit to effect and pay all damages and costs that may be adjudged against 
 him for wrongfully suing out such garnishment. Before the writ of garn- 
 ishment issues, plaintiff" must ap])ly therefor iu writing, under oath, signed 
 by him, stating the facts authorizing the issuance of the writ, and that 
 plaintiff' has reason to believe and does believe that the garnishee, stating 
 his name and residence, is indebted to the defendant or that he has iu his 
 hands effects belonging to the defendant, or that the garnishee is an incor- 
 porated or joint stock company and that tlie defendant is the owner of shares 
 in such company or has an interest therein. 
 
 The above requirements having been complied with the cause is docketed, 
 in the name of plaintiff or plaintiffs and the garnishee as defendant, and the 
 writ is then issued. When plaintiff's affidavit shows that the garnishee is a 
 joint stock company or incori^orated company in which defendant owns 
 shares, oris interested, the writ of garnishment, in addition to other cases, 
 shall require the garnishee to answer on oath what number of shares, if any, 
 the defendant owns in such comijany or owned when such writ was served, 
 and what interest, if any, he has in such company or had when such writ 
 was served. Writs of garnishment are dated and tested as other writs. 
 Garnishee must answer in writing, under oath, all the matters required of 
 in the writ. Current wages for personal services not subject to garnishment. 
 
 Grace. — Three days of grace allowed on all bills of exchange and promis- 
 sory notes assignable or negotiable by law. 
 
 Homestead. — ( See Exemj^tio/i ,<<. ) 
 
 Insolvent Laws. — {See Assignments.) 
 
 Interest, — The legal rate of interest, where there is no special contract, is 
 declared by the constitution of 1875 to be eight percent. By contract, twelve 
 per cent, per annum may be reserved ; all interest above is usurious, and the 
 principal only can be recovered if usury be pleaded. 
 
 Judgments. — Final judgment rendered in any of the courts of record of 
 this state, or of any United States court in this state, when entered on the 
 "Judgment llecord " in the office of the county clerk, operates as a lien 
 upon the real estate of the defendant, situated in the county where such 
 entry is made, for the term of ten years from the date thereof. 
 
 Decrees for partition, or by which the title to land shall be received, must 
 be recorded iu the county where the land lies before they are receivable in 
 evidence. 
 
 Where service is upon one only of a partnership firm, judgment upon .such 
 service will be good against partnershiiJ property and the proi)erty of the 
 member who was served. 
 
 No attorneys' fees are allowed to be taxed iu judgments, except iu federal 
 courts. Tax fee there is twenty dollars. 
 
 [Tesas 2;'..]
 
 TEXAS. 761 
 
 Justice of the Peace. — Have orij^iual jurisdiction in civil matters in all 
 cases where tlic ainuuiiL in controversy is $200 or less, exclusive of interest, 
 of which exclusive original jurisdiction is not given to the district or county 
 courts and of all cases of forcible entry and detainer. They also have power 
 to foreclose mortgages and enforce liens on j)ersoMal proi)erty where the 
 amount in controversy is within their jurisdiction. (Jne term of court held 
 each month. Pleadings are oral, except when otherwise specially provided, 
 but a brief statement thereof shall be noted on the docket. 
 
 Landlord and Tenant. — All persons leasing or renting lands or tene- 
 ments at will, or tor a term, shall have a preference lien upon the property 
 of the tenant, hereinafter indicated, upon such premises, for any rent that 
 may become due and for all money and the value of all animals, tools, pro- 
 visions and supplies furnished by the landlord to the tenant to enable the 
 tenant to make a crop on such premises, and to gather, secure and house and 
 j)Ut the same in condition for market, tlie money, animals, tools, provisions 
 and supplies so furnished being necessary for that purpose, whether the 
 same is to be jjaid in money, agricultural products, or other property, and 
 this lien shall apply only to animals, tools and other property furnished by 
 the landlord to tlie tenant and to the crop raised on such rented premises. 
 While the rent or such advances remain unpaid it is unlawful for the tenant 
 to remove, or permit to be removed from such premises, any of such prop- 
 erty without the landlord's consent. 
 
 Such lien continues while they remain on the premises and for one month 
 thereafter, and is superior to all laws exempting such property from forced 
 sale. Such lien does not attach to the goods, wares and merchandise of a 
 merchant, trader or mechanic, sold and delivered in good faith in the regu- 
 lar course of business to the tenant. 
 
 When any rent or advances become due or the tenant shall be about to re- 
 move or move his property ,from such premises, the person to .whom the 
 same are due, or his agent, attorney, assignees, heirs or legal representatives 
 may apply to the justice of the peace for a warrant to seize such property. 
 
 Leases. — (Sec Landlord and Tenutii. See Frauds and Fraudulent Con- 
 'sci/ance.f.) 
 
 Liens. — Theic is an implied lien upon land for the purchase money in 
 favor of the vendor, which is transferable with the assignment of the pur- 
 chase money notes, and when there are more notes than one and they are 
 transferred to different persons, they have equality of lien, though due at 
 different dates. 
 
 Builders and mechanics, contracting to put up buildings of any descrip- 
 tion, may have a lien upon the byildings and lot or parcel of land upon 
 which they are erected for services and material furnished, provided the con- 
 tract is in writing, or if verbal, stated on oath and a copy lendercdto debtor, 
 and is recorded in the county in which the buildings contracted to be erected 
 are situated, witliin four months after the debt has accrued. Every work- 
 man or other person doing work upon such buildings, or furnishing material 
 therefor, who has not been paid for the same may, within thirty days after 
 tiie accrual of such indebtedness, fix a lien upon the building or improve- 
 ment and projierty after giving ten <lays' notice to the owner of the amount 
 of liis claim and from whom due, and thereupon the owner shall i-ctain the 
 amount until tlu; matter is adjusted i>etwt'en tlie person who performed the 
 labor or furnished the materials, and tlie ccmti-actor. 
 
 Mechanics wiio repair articles have a lien for the'repairs, and may retain 
 possession ninety days, and then sell under i)rescribcd regulations. 
 
 Hotel and boarding Ikjusc keepers have a lien upon iiroperty or baggage 
 <leposited with them by guests, for their charges. Proprietors of livery 
 .stables also have a s])ecial lien on horses and vehicles left on livcrj'. 
 
 Liens are considered an incident to the debt secured by them, and when 
 [Texas 24.]
 
 762 TEXAS. 
 
 the debt is barred, the lien dies too ; revival of the debt revives the lieii, but 
 courts will not enjoin a sale by a trustee to pay a barred del>t. — (^See also 
 Landlord and Tenant and Judgments.) 
 
 Limitation of Actions or Suits. — If relied upon, must be specially 
 pleaded. In suits for land, three, live and ten years, according to the claims 
 of the party pleading it. If to recover real estate as against any ])erson in 
 peaceable and adverse possession thereof, under title or color of title, suit 
 must be instituted within three years next after the cause of action shall 
 have accrued and not afterwards. 
 
 If to recover real estate as against any person having peaceable and ad- 
 verse possession thereof, cultivating, using or enjoying the same and paying 
 taxes thereon, if any, and claiming under a deed or deeds duly registered, 
 shall be instituted within five years next after the cause of action sliall have 
 accrued, and not afterwards; jjrovided, the above shall not apjily to any one 
 in possession of land who, in the absence of this statute, would deraign title 
 through a forged deed; provided further, that no one claiming inider a 
 forged deed or deed executed under a forged power of attorney shall be 
 allowed the benefit of same. 
 
 If to recover land against any person having peaceable and adverse pos- 
 session thereof, cultivating, using or enjoying tlie same, suit shall be insti- 
 tuted within ten years next, after the plaintiffs cause of action .shall have ac- 
 crued, and not afterwards. 
 
 Under the ten years' clause the party in possession can only hold IGO acres 
 including the improvements, or the number of acres actually enclosed should 
 the same exceed 100 acres ; but when such possession is taken and held 
 under some written memorandum of title, other than a deed, which fixes the 
 boundaries of the possessor's claim, and is duly registered, such peaceable 
 possession shall be construed to be co-extensive with the boundaries speci- 
 fied in such instrument. 
 
 If a person entitled to commence suit for the recovery of real property, or 
 to make any defense founded on the title thereto, be at the time such title 
 shall first descend or the adverse possession commence, either : 1. Under 
 the age of 21 years; or, 2. A married woman ; or, 3. Of unsound mind; 
 or, 4. A person imprisoned ; the time during which such disability shall 
 continue shall not be deemed any jiortion of the time limited for the com- 
 mencement of such suit or the making of such defense, and such person 
 shall have the same time, after the removal of his disability, that is allowed 
 to othe. under the above provisions. 
 
 Limitations of Personal Actions. — Must be brought in one year after the 
 caiase of action shall have accrued, in the following [cases : 1. Actions for 
 injuries done to the person of another. 2. Actions for malicious prosecu- 
 tions or for injuries done to the character, or reputation of another by libel 
 or slandei'. 3. Actions for damages for seducticm or breach of promise of 
 marriage. 4. Actions for injuries done to the person of another where death 
 ensued fi'om such injuries, and the cause of action shall be considered as 
 having accrued at the death of the party injured. 
 
 The fallowing actions must be commenijed and prosecuted within two 
 years after the cause of action shall have accnicd : 1. Actions of trespass 
 for injury done to the estate or tlie property of another. 2. Actions for de- 
 taining the personal property of another and for converting such personal 
 property to one's own use. 8. Actions for taking or carrying away the 
 goods and chattels of another. 4. Actions for debt, when the indebtedness 
 is not evidenced by a contract in writing. 5. Actions vipon stated or open 
 accounts, other than such mutual and current accounts as concern the trade 
 of merchandise between merchant and merchant, their factoi-s or agents. 
 
 The following actions shall be commenced and prosecuted within four 
 years after the cause of action accrued : 1. Actions for debt when the in- 
 debtedness is evidenced by or founded upon any contract in writing. 2. 
 Actions for the penalty or for damages on the penal clause of a bond to con- 
 
 I Texas 25.] 
 
 i
 
 TEXAS. 763 
 
 vey real estate. 3. Actions by one partner against liis co-paitner for a set- 
 tlement of the partnership account or upon mutual and current accounts 
 concerning the trade of merchandise between merchant and merchant, their 
 factors and agents, and the cause of action shall be considered as having ac- 
 crued on a cessation of the dealings in which they were interested together. 
 
 Suits on the bond of any executor, administrator or guardian shall be 
 commenced and prosecuted within four years after the (leath, resignation, 
 removal or discharge of svich executor, administrator or guardian. 
 
 Every action, other than for the recovery of real estate for which no limi- 
 tation is otherwise prescribed, shall be brought within four years next after 
 the right to bring the same shall have accnaed. 
 
 Limited Partnerships. — May be formed by two or more persons for the 
 transaction of any mercantile, mechanical, manufacturing or other business, 
 except banking or insurance. 
 
 Such partnership may consist of one or more persons, who shall be called 
 the general partners and who shall be jointly and severally responsible as 
 general partners now are by law, and of one or more persons who shall con- 
 tribute in actual cash payments a specific sum as capital to the common 
 stock, who shall be called special partners, and who shall not be liable for 
 the debts of the partnership, beyond the fund so contributed by him or 
 them to the capital. The general partners only are authorized to transact 
 business and sign for the partnership and to bind the same. 
 
 Persons desirous of forming such partnerships shall make and severally 
 sign a certificate which shall contain : 1. The name or tirm under which 
 the partnershiii is to be conducted. 2. The general nature of the business 
 intended to be transacted. 8. The names of all the general and special 
 partners interested therein, distinguishing which are general and which are 
 special partners, and their respective places of residence. 4. The amount of 
 capital which each special partner shall have contributed to the commou 
 stock. 5. The period at which the partnership is to commence, and the 
 period at which it is to terminate. 
 
 The certificate shall be acknowledged by each person signing the same, 
 before any officer authorized to take acknowledgments for record, and such 
 acknowledgment shall be made and certified in the same manner as that of 
 the conveyance of land. 
 
 The certificate so acknowledged and certified shall be filed in the office of 
 the clerk of the county court of the county where the printdpal place of 
 business of the partnership shall be situated, and recorded in a book in said 
 office, kept for that purpose, open to public Inspection. 
 
 At the time of filing the certificate aforenamed, an affidavit of one of the 
 general partners shall also be filed, stating that the sum specified in the cer- 
 tificate to have been contributed by each of the special partners, to the com- 
 mon stock, have been actually and in good faith i)aid in cash. 
 
 The terms of partnership when i-cgistered, shall be published, for at least; 
 six weeks, immediately after such registry, in such news])ai)cr as shall be 
 designated by the clerk in whose office such registry shall be made, and if 
 such publicaticm shall not be made, the partnership shall be deemed general. 
 The biTsiness shall be conducted under a firm, in wliich the names of the 
 general partners only shall be inserted without the addition of the word 
 "company," or any other general term. 
 
 Suits may be brought by and against the general partners, as though there , 
 were no special partners. 
 
 Special partner cannot, in any manner, withdraw any part of the sum 
 contributed by him, during the continuance of the i)artnership, but any 
 partner may annually receive lawful interest on the sum contributed by 
 him, if the payment of such interest shall not reduce the original amount of 
 such capital, and if, after the payment of such interest, any ])rofit shall re- 
 main to be divided, he may also receive his portion of such i)rofits. 
 
 No dissolution of such partnership, by the acts of the parties, shall take 
 plaice previous to the time specified in the certificate of its formation, or its 
 Texas 26 ]
 
 764 TEXAS. 
 
 certificate of renewal, until a notice of sncli dissolution shall have been filed 
 and recorded, and published once in each week for four weeks in a news- 
 paper printed in each of the counties where the partnership may have a 
 jilace of business, if there be such papers, and if tliere be none, then, in a 
 newspaper jniblished in the nearest county where there is one. 
 
 Married Women. — Cannot bind themselves, nor their separate estate, by 
 making, drawing, accepting or indorsing negotiable instruments. Her sepa- 
 rate estate is not liable for husband's debts ; nor for her own contracts, 
 except for expenses incurred for its benefit, or for necessaries for herself and 
 children. Property owned by wife before marriage, or acquired afterward, 
 by gift, devise or descent, remains her separate property. That acquired 
 after marriage, except as above, or by sale or exchange of separate property, 
 is community property. 
 
 Mechanics' Liens.— (5«6 Liens.) 
 
 Minors. — iVFale persons under 21 years of age, and females under 31 yeai-s 
 of age. who have never been married, are minors. In all suits where a 
 minor is a party defendant, the court shall appoint a guardian, ad litem, to 
 represent such minor. Suits by minors are brought by their legally quali- 
 fied guardian, or by their next friend. No limitation begins to run agahist 
 a minor until of lawful age or disabilities removed. 
 
 Mortgages and Trust Deeds.— Are upon the same footing and governed 
 l»y the same laws generally as deeds, with the addition that it is made a 
 liighly penal offence for the mortgagor, after the execution of the mortgage, 
 to deal fraudulently with the mortgaged property, so as to defeat the lien. 
 All mortgages, to be good against third persons, must be recorded in the 
 county where the property is situated, unless such third person have actual 
 notice or reasonable information thereof. 
 
 All mortgages and deeds of trust upon lands or chattels are but securities. 
 The legal estate remains in the mortgagor. If the mortgagee die, the mort- 
 gage is treated as a chattel interest ; if the mortgagor die, whatever may be 
 the form of the deed, it has to be foreclosed by decree of the court. The 
 foreclosure is by suit, with prayer for judgment and, sale. The equity of 
 redemption continues until the sale ; but there is no redemption after sale. 
 An executor or administrator may release a mortgage upon payment. 
 
 Mortgages are discharged by payment, no record of discharge being neces- 
 sary. Wife need not join in a mortgage, except upon her own property. By 
 the constitution of 1875. no mortgage, trust deed or lien is valid on the 
 homestead, except for the purchase money or improvements made thereon, 
 and all sales of the homestead involving any condition of defeasance are 
 void. 
 
 Notes and Bills of Exchange.— The liability of any drawer or indorser 
 may be fixed, l)y instituting suit against the acceptor or maker, before the 
 first term of the district or county court to which suit can be brought, or 
 before the second term, showing good cause why not brought at the first 
 term ; within the jurisdiction of a justice, suit must be brought within sixty 
 days. Protest : Such liability may also be fixed by protest, according to the 
 custom of merchants. The holder of a protested draft or bill, drawn by a 
 merchant in this state upon his agent or factor without the state, may re- 
 cover ten per cent, damages thereon, be.sides interest and costs.- Days of 
 grace (three) allowed on all negotiable instruments. 
 
 Oaths. — ('S'ec Affidavits.) 
 
 Partnerships. — Service of citatioii (in suits against a firm) on one of the 
 partners is sulHcient to authorize judgment against the firm and against the 
 partner actually served, but not an individual judgment against those, not 
 
 [Texas 27.1
 
 TEXAS. 705 
 
 served. A levy on the interest of a partner, in partnership property, is 
 made by leaving a notice with one or more of the partners, or with a clerk 
 of the partnership. — (See Limited Partnerships.) 
 
 Promissory Notes. — {See Bills of Exchange.) 
 
 Practice. — (See Actions.) . 
 
 Proof of Claims. — {See Administration and Claims against Becedenta' 
 Estates.) 
 
 Recording. — Instraments of writinj^ when properly acknowledged or 
 proven up, and certified to in proper form, may bo recoi'ded in the office of 
 the county clerk. Deeds, etc., are binding upon and are full notice to tliinl 
 person when filed for record with the clerk, who notes thereon the hour of 
 filing. — (See Deeds and Liens.) 
 
 Redemption. — Property sold for taxes may be redeemed within two years 
 thereafter, by i)ayment to the purchaser at such sale a sum in double the 
 amount of taxes and costs. Infants, lunatics and femtne covert have until 
 one year, after removal of disability, in which to redeem. Equity of redemp- 
 tion on mortgaged property exists until the sale ; but there is no redemp- 
 tion after sale. 
 
 Replevin. — When property has been attached, at any time before judg- 
 ment, should the property not have been previously claimed or sold, the 
 defendant may replevy tlie same, or any part thereof, by giving bond with 
 two or more good and sufficient sureties, to be approved by tlie officer wlio 
 levied the writ, payable to the plaintitt", in double the amoimt of the plain- 
 tifi's debt, or at the defendant's option, for the value ofthe property re jilevied, 
 to be estimated by the officer, conditioned that should the defendant be con- 
 demned in the action he shall satisfy the judgment which may be rendered 
 therein or shall pay the estimated value of the jjroperty, with lawful interest 
 thereon, from the date of the bond. 
 
 The defendant shall also be allowed, at any time within ten days from the 
 levy of a distress warrant, to replevy property so levied on, by giving bond, 
 as required by law. 
 
 Property levied on by the writ of sequestration may be replevied by either 
 party, by giving the required bond, as dii-ected by law, to be given in such 
 cases. 
 
 Revision. — The revised statutes of the state of Texas being a revision and 
 digest of all the civil statute laws of the state, went into effect September 
 1st, 1879. 
 
 Revivor, — No bills of revivor in our pleadings. Where a cause of action is 
 one that survives it is not abated by the death or marriage of either party 
 thereto, but the necessary parties may either make themselves parties thereto 
 or a scire facias is issued for the puri)ose. 
 
 Seal. — Private corporations may have and use seal, and any conveyance of 
 land by them must be under seal. No private seal or scroll shall be neces- 
 sary to the validity of any contract, bond or conveyance, whether respecting 
 real or personal property, or any other insti"ument of writing, whether offi- 
 cial, judicial or private, except such as are made by corporations, nor shall 
 the addition or omission of a seal or scroll in any Avay affect the force and 
 eftect of the same. Every contract in writing imparts a consideration in the 
 .same manner and as fully as sealed instruments formerly did. 
 
 Security for Costs. — Plaintiff may be ruled to give security for costs in 
 [Texas 28.]
 
 766 TEXA8. 
 
 all suits, and where so ruled, if he fails so to do by the next term of court, 
 the suit may be dismissed under rule for costs. The state shall not, in any 
 case, be required to give security for costs. 
 
 Executors, administrators and guardians, appointed by the courts of this 
 state, shall not be required to give security for costs in any suit brought by 
 them in their fiduciary capacity. 
 
 When the costs are secured by the provisions of an attachment or other 
 bond, filed by the party required to give security for costs, no further 
 security shall be recjuired. 
 
 Stay of Execution. — Allowed, only in justices' courts and then only for 
 three months, when the debtor shall, with one or more good and sufdcient 
 sureties, to be approved by the justice, appear before such justice and 
 a(;knowledge themselves and each of them bound to the successful party for 
 full amoiuit. with interest and costs. This is entered on the docket by the 
 justice and has the force and eft'ect of a judgment against all of them. 
 
 Supplementary Proceedings. — ^lay be filed during the pendency of suit 
 as tlie nature of the cause may require. No statute regulating, except as to 
 execution. 
 
 Taxes. — The following are constitutional provisions : Property shall be 
 taxed according to value, but the legislature may impose a poll tax, also a 
 tax or occupation and incomes ; provided, persons engaged in agricultural 
 and mechanical pursuits shall not be required to pay an occupation tax. 
 
 Public property, used for public purposes, places of religious worship, 
 places of burial not held for profit, buildings used for school purposes and 
 the furniture of schools and institutions of public charity, are exempt from 
 taxation. 
 
 Taxes are only to be levied and collected by general laws and for public 
 purposes, and the right to tax property of corporations shall not be sur- 
 rendered. 
 
 All persons, including corporations, must pay the taxes on the value of 
 their property in the county in which it is situated, and property must be 
 assessed in the county where situated ; except that the rolling stock of rail- 
 roads may be assessed at their principal oflice in state, and except further, 
 that the legislature may allow the payment by non-resident of a county, of 
 the tax assessed against them at the comptroller's office, by a vote of two- 
 thirds, and this has not been allowed, except as to unorganized counties. 
 
 The .state tax on proi^erty, exclusive of the tax necessary to pay the public 
 debt, and for benefit of public free schools, shall never exceed 35 per cent, 
 on the $100, and no county, city or town shall levy more than 25 cents for 
 city or county purposes and 15 cents per $100 for roads and bridges, except 
 for the payment of debts heretofore incurred, or for the erection of public 
 buildings not to exceed 25 cents on the $100 in one year, except as specially 
 provided in the constitution. 
 
 Lands lying in unorganized counties must be assessed and taxes paid 
 thereon, in the county to which the said unorganized county is attached 
 by law. 
 
 The annual assessment of taxes on land constitutes a lien thereon. The 
 county commissioner's court in each county constitutes a board of equaliza- 
 tion. The legislature is required to make provisions for the speedy sale of a 
 sufficient portion of all land and other property for the taxes due thereon, 
 and every year tliereafter for the taxes which shall not have been paid. The 
 deed to purchaser for all lands thus sold ' 'is held to vest a good and perfect title 
 in the purchaser, subject to be impeached only for actual fraud," provided, 
 that the former owner shall within two years from date of purchaser's deed, 
 have the right to redeem upon the payment of double the amount of money 
 paid for the land. 
 
 Laws have been passed, carrying out these provisions. Taxes are assessed 
 on property between January 1st and June 1st, of each year. Taxpayers 
 
 [Texas 29.]
 
 TEXA.S. 767 
 
 have from October 1st to March Ist, following, to pay their taxes, before the 
 property is subject to be sold. After March 1st the collector shall levy upon 
 and sell the property of deliiKiuents to enforce payment of taxes. 
 
 Trust Deeds. — (See Deeds and MortgacjeH.) 
 
 Usury. — AH written contracts whatsoever, which may in any way, directly 
 or iudirc'ttly, stipulate for a greater rate of interest than 12 per cent, per 
 annum, shall be void and of no effect for the whole rate of interest only, but 
 the princii)al sum of money, or the value of the contract may be received 
 and recovei-ed. No evidence of usurious interest can be produced in any 
 trial, \inless sjjecially pleaded and verified by the affidavit of the party plead- 
 ing it. — {See Interest.) 
 
 Wages. — Current wages for personal services are not subject to garnish- 
 ment or any otJier species of forced sale, whether by attachment, execution 
 or otherwise. 
 
 Wills. — Every person, aged 21 years or upwards, or who may have been 
 lawfully married, being of sound mind, shall have power to make a last will 
 and testament, conveying all their property, real and personal. Will must 
 be in writing, except when otherwise provided, and signed by the testator or 
 by some other person by his direction and in his presence and shall, if not 
 wholly written by himself, be attested by two or more credible persons (wit- 
 nesses) above the age of 14 years, subscribing their names thereto in the 
 presence of tlie testator. Attestation of subscribing witnesses, is not neces- 
 sary when the will is wholly written by the testator. Wills in writing, can- 
 not be revoked, except by a sub.sequent will, codicil or declaration in writ- 
 ing, executed with like formalities, or by the testator destroying, canceling 
 or obliterating the same, or causing it to be done in his presence. 
 
 Property may also be disposed of by nuncupative will, when made in the 
 time of last sickness of deceased, at his habitation or where he has resided 
 for ten days next preceeding, oraway from his habitation, only when deceased 
 is taken sick from home and dies before he returns to such habitation, when 
 proved by three credible witnesses that the testator called on some person to 
 take notice or bear testimony that such is his will. 
 
 No nuncupative will shall be proved within fourteen days after death of 
 the testator, nor until those who would have been entitled by inheritance, 
 been summoned to contest the same, if they desire to do so. After six 
 months from the time of speaking the pretended testamentary words, no 
 testimony shall be received to prove a nuncupative will, unless the testimony 
 or the substance thereof shall have been committed to writing within six 
 days after making the will. 
 
 When the testator shall have children bom and his wife, eneiente, the 
 posthumous child, if unprovided for by settlement and pretermitted by such 
 will, shall succeed to the same portion of the estate, as it would have had, 
 if the father had died intestate. 
 
 All original wills, together with the probate thereof, shall be deposited in 
 the office of the clerk of the county court of the county wherein the same 
 shall have been probated and shall there remain, except during such time as 
 they may be removed to some other court, by proper process, for inspection. 
 Such will and probate thereof shall be recorded by the clerk of the county 
 court in a book to be kept for that purpose. — {See Administration.) 
 
 Witnesses. — (.See Depositions and Evidence.) 
 
 [Texas 30.1
 
 768 
 
 TEXAS. 
 
 ATTORNEYS !N TEXAS. 
 
 Bold Face Type denotes county seats. A dash (— ) less than 100 population. 
 Figures after names when admitted to Bar. A star (*) Notaries Public. 
 A double dagger (l) our Compiler of IjRws. 
 A dagger (f) former recommendations withdrawn. 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OP ATTORNEYS. POPULA N 
 
 Albany 
 
 Shackelford 
 
 J. R. Fleming. 
 
 1,500 
 
 Alvarado 
 
 Johnson 
 
 <; J. A. Patton. 
 '( t W. H. Skelton. 
 
 2,000 
 
 Anderson 
 
 Grimes 
 
 T. C. Buffington. 
 
 750 
 
 Archer 
 
 Archer 
 
 S. Abercrombie. 
 
 — 
 
 Athens 
 
 Henderson 
 
 Faulk & Faulk. 
 
 1,500 
 
 Austin 
 
 Travis 
 
 J. B. Davies. 
 
 18,000 
 
 Baird 
 
 Callahan 
 
 Webb & Webb. 
 
 1,000 
 
 Bandera 
 
 Bandera 
 
 H. C. Dtifty. 
 
 850 
 
 Bastrop 
 
 Bastrop 
 
 Fowler & Maynard. 
 
 2,000 
 
 Beaumont 
 
 Jefferson 
 
 JOHN J. RUSSELL. '67. 
 
 3,000 
 
 Beeville 
 
 Bee 
 
 John C. Beasley. 
 
 250 
 
 Belle Plain 
 
 Callahan 
 
 A. J. Young. 
 C Dupree, '77, (J. C.) & 
 
 200 
 
 Belton 
 
 Bell 
 
 { McCutchan, '79, (W, R. 
 I W. K. SAUNDERS, '79. 
 
 ) 4,500 
 
 Belleville 
 
 Austin 
 
 Hon. S. R. Blake. 
 
 1^200 
 f.200 
 
 Big Spring 
 
 Howard 
 
 fi. H. Cowan. 
 
 Blanco 
 
 Blanco 
 
 Martin & Burnett. 
 
 '245 
 
 Boerne 
 
 Kendall 
 
 F. W. Schweppe. 
 
 775 
 
 Bonham 
 
 Fannin 
 
 R. B. Semple 
 
 3,500 
 
 Boston 
 
 Bowie 
 
 (See Texarkana.) 
 
 300 
 
 Bowie 
 
 Montague 
 
 M. B. Hoskins. 
 
 2,000 
 
 Brackettville 
 
 Kinney 
 
 I. L. Martin. 
 
 2,000 
 
 Brady 
 
 McCulloch 
 
 Walter Anderson. 
 
 115 
 
 Brazoria 
 
 Brazoria 
 
 H. Masterson. 
 
 900 
 
 Breckenridge 
 
 Stephens 
 
 Wm. Veale & Son. 
 
 700 
 
 Brenham 
 
 Washington 
 
 C. R. Breedlove. 
 
 5,000 
 
 Brownsville 
 
 Cameron 
 
 Wells & Hicks. 
 
 4,938 
 
 Brownswood 
 
 Brown 
 
 Scott & .Tenkins. 
 
 3,500 
 
 Bryan 
 
 Brazos 
 
 W. R. CAVITT. 
 
 3.200 
 
 Buffalo Gap 
 
 Taylor 
 
 T. A Henry. 
 
 600 
 
 Burnet 
 
 Burnet 
 
 Cook & Moses. 
 
 1,000 
 
 Caldwell 
 
 Burleson 
 
 A. W. Mclver. 
 
 1.500 
 
 Calvert 
 
 Robertson 
 
 Scott Field. 
 
 3,500 
 
 Cameron 
 
 Milam 
 
 ^ Henderson, Henderson & 
 \ McCalla 
 
 2,000 
 
 Canton 
 
 Van Zandt 
 
 Alex. Burge. 
 
 600 
 
 Carrizo 
 
 Zapata 
 
 Hazlerigg & Vandervoort. 
 
 — 
 
 Carrizo Springs 
 
 Dimmit 
 
 Hon. J. T. Longino. 
 
 1.000 
 
 Carthage 
 
 Panola 
 
 Lawson & Hines. 
 
 '350
 
 
 
 TEXAS. 
 
 769 
 
 PLACE. 
 
 COUKTY. 
 
 NAMES OP ATTGRN'EYS. 
 
 popula'n. 
 
 Castroville 
 
 ^Medina 
 
 E. 3L :Montel. 
 
 731 
 
 Center 
 
 Shelby 
 
 T. C. Davis. 
 
 500 
 
 Centreville 
 
 Leon 
 
 J. B. Boiling. 
 
 223 
 
 C'i>cc. 
 
 Eastland 
 
 Luse (k Larimer. 
 
 2.500 
 
 Clarksviile 
 
 lied River 
 
 Sims ct Wright. 
 
 1,000 
 
 Cleburn 
 
 Johnson 
 
 J. F. Henrv. 
 
 5,000 
 
 Cold Spring 
 
 San Sacinto 
 
 G. J. Turnley. 
 
 1,300 
 
 Coleman 
 
 Coleman 
 
 Sims & Snodgrass. 
 
 411 
 
 Colorado 
 
 :Mitchell 
 
 Martin & Jennings. 
 
 4,000 
 
 Columbus 
 
 Colorado 
 
 5 Foard, Thomi)Son & 
 I Townsend. 
 
 3,000 
 
 Comanche 
 
 Comanche 
 
 E. L. Shropshire. 
 
 1,100 
 
 Cooper 
 
 Delta 
 
 Patterson & Holmes. 
 
 525 
 
 Corpus Christi 
 
 Xneces 
 
 J. S. McCampbell & Son. 
 
 5,000 
 
 Corsicana 
 
 Navarro 
 
 Frost, Bary & Lee. 
 
 5,000 
 
 Cotulla 
 
 La Salle 
 
 E. R. Lane. 
 
 1,000 
 
 Crockett 
 
 Honston 
 
 Cooper &, Moore. 
 
 1,200 
 
 Cuero 
 
 De Witt 
 
 0. L. Crouch. 
 
 2,200 
 
 Daingerfield 
 
 3Iorris 
 
 Moore & Hart. 
 
 800 
 
 Dallas 
 
 Dallas 
 
 5 ROBERT H. WEST, '73 
 ( J. E. Wolf. 
 
 30,000 
 
 Decatur 
 
 Wise 
 
 Trenchard & Trenchard. 
 
 2,000 
 
 Deiiisdu City 
 
 Grayson 
 
 Foster & Wilkinson. 
 
 9,000 
 
 Denton 
 
 Denton 
 
 J. A. Carroll. 
 
 3,300 
 
 Eagle Pass 
 
 Maverick 
 
 J. T. Burks. 
 
 4,000 
 
 Eastland 
 
 Eastland 
 
 Calhoun & Conver. 
 
 625 
 
 Edna 
 
 Jackson 
 
 5 1 Henri/ T. Chuers. 
 i F. A. White. 
 
 500 
 
 El Paso 
 
 El Paso 
 
 Davis, Beall & Kemp. 
 
 9,000 
 
 Emory 
 
 Rains 
 
 F. P. Harden. 
 
 400 
 
 Emiis 
 
 Ellis 
 
 Edwards & Fears. 
 
 3.000 
 
 Fairfield 
 
 Freestone 
 
 Kirven, Gardner & Etheridge. 450 
 
 Flatoiiia 
 
 Favette 
 
 F. A. Hess. 
 
 1,500 
 
 Floresville 
 
 Wilson 
 
 B. F. Ballard. 
 
 1,000 
 
 Fort Davis 
 
 Presidio 
 
 N. Van Horn. 
 
 2,810 
 
 Fort Stockton 
 
 Pecas 
 
 {See Fort Davis.) 
 
 600 
 
 Fort Worth 
 
 Tarrant 
 
 ( GEO. W. FIXGER. 
 I Oliver S. Kennedy. 
 
 22,000 
 
 Fredericksburgh 
 
 Gillespie 
 
 C. C. Callan. 
 
 1,085 
 
 Frio Town 
 
 Frio 
 
 {See Pearsall.) 
 
 334 
 
 Gainesville 
 
 Cook 
 
 E. A. Blanton. 
 
 8,000 
 
 Galveston 
 
 Galveston 
 
 MANN & BAKER. 
 
 30,000 
 
 Gatesville 
 
 Corgell 
 
 DUFFIE '60 & DUFFIE, 
 
 '82. 1,500 
 
 Georgetow^n 
 
 Williamson 
 
 AV. 0. Baker. 
 
 3,000 
 
 Giddings 
 
 Lee 
 
 J. L. Rossean. 
 
 1,000 
 
 Gilmer 
 
 Upshur 
 
 C. W. Kerns. 
 
 750 
 
 Glen Rose 
 
 Somervell 
 
 J. J. Farr. 
 
 600 
 
 Goliad 
 
 Goliad 
 
 D. D. Claiborne. 
 
 885 
 
 Gonzales 
 
 Gonzales 
 
 W. :vr. Atkinson. 
 
 3,000 
 
 Graham 
 
 Young 
 
 C. W. Johnson. 
 
 050 
 
 Granbury 
 
 Plood 
 
 Cooper & Estes. 
 
 524 
 
 Greenville 
 
 Hunt 
 
 Matthews «fc Neyland. 
 
 3,700 
 
 Givesbeck 
 
 Limestone 
 
 L. .J. Farrar. 
 
 700 
 
 Hallettsville 
 
 Lavaca 
 
 Bagbv & Allen. 
 
 850 
 
 Hamilton 
 
 Hamilton 
 
 S. J. ALLEN, '86. 
 
 400 
 
 Hardin 
 
 Hardin 
 
 P. A. Work. 
 
 125 
 
 JlaskfU 
 
 Haskell 
 
 P. D. SANDERS. 
 
 
 
 Ht'arne 
 
 Robertson 
 
 J. E. Bishop. 
 
 1,421 
 
 Helena 
 
 Karnes 
 
 F. R. Graves. 
 
 285
 
 770 
 
 TEXAS. 
 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTOUNEYS. 
 
 popula'n. 
 
 Hemphill 
 
 Sabine 
 
 Weatherred & Polley. 
 
 275 
 
 Hempstead 
 
 Waller 
 
 W. J. POOLE, '78. ' 
 
 1,750 
 
 Henderson 
 
 Rusk 
 
 N. G. Bagby. 
 
 2,000 
 
 Henrietta 
 
 Clay 
 
 5 J. E. Bomar, 86'. 
 1 1 B. D. Wdborne. 
 
 1,250 
 
 Hidalgo 
 
 Hidalo'o 
 
 W. P. Dougherty. 
 
 259 
 
 Hillsborough 
 
 Hill " 
 
 John Abbott. 
 
 3,000 
 
 Homer 
 
 Angelina 
 
 H. G. Lane. 
 
 500 
 
 Houston 
 
 Harris 
 
 IRA P. JONES, 80. 
 
 26,000 
 
 Huntsville 
 
 Walker 
 
 Abercrombie & Randolph, 
 
 5,750 
 
 Indianola 
 
 Calhoun 
 
 D. C. Proctor. 
 
 700 
 
 Jacksonborough 
 
 Jack 
 
 E. W. Nicholson. 
 
 450 
 
 Jasper 
 
 Jasper 
 
 P. W. Ford. 
 
 450 
 
 Jefferson 
 
 Marion 
 
 Cnlber.^on & Culberson. 
 
 3,263 
 
 Junction City 
 
 Kiml)le 
 
 W. A. Williamson, '77. 
 
 175 
 
 Kaufman 
 
 Kaufman 
 
 Clark it 3Iorrow. 
 
 1,250 
 
 Kerville 
 
 Kerr 
 
 R. H. Barney. 
 
 250 
 
 La Grange 
 
 Fayette 
 
 W. H. Ledbetter. 
 
 2,500 
 
 Lampasas 
 
 Lampasas 
 
 J. M. AD KINS. 
 
 3,500 
 
 Laredo 
 
 Webb 
 
 McLaiie & Alter. 
 
 6,000 
 
 Liberty 
 
 Liberty 
 
 C. F. Stevens. 
 
 600 
 
 Linden 
 
 Cass 
 
 Chas. C. Hines, 
 
 400 
 
 Livingston 
 
 Polk 
 
 Hill & Cory. 
 
 1,500 
 
 Llano 
 
 Llano 
 
 Dalrymple & Mclnnis. 
 
 750 
 
 Lockhart 
 
 Caldwell 
 
 Nix, Storey & Storey. 
 
 1,000 
 
 Longview 
 
 Gregg 
 
 T. i\I. Campbell. 
 
 3,500 
 
 Luling 
 
 Caldwell 
 
 Thomas McNeal. 
 
 2,000 
 
 McKinney 
 
 Collin 
 
 Jenkins & Pearson. 
 
 3,000 
 
 Madisonville 
 
 Madison 
 
 M. Y. Randolph. 
 
 — 
 
 Margaret 
 
 Hardeman 
 
 (See Sey7nour.) 
 
 — 
 
 Marlin 
 
 Falls 
 
 5 J. A. Martin. 
 
 ( t Wm. B. Beagan. 
 
 1,800 
 
 Marshall 
 
 Harrison 
 
 J. B. Carter. 
 
 7*000 
 
 Mason 
 
 Mason 
 
 C. Thaxton. 
 
 700 
 
 Matagorda 
 
 Matagorda 
 
 W. C. Braman. 
 
 400 
 
 Menardville 
 
 Menard 
 
 G. W. Dexter, 
 
 100 
 
 Meridan 
 
 Bosque 
 
 Lockett & Lockett. 
 
 1.000 
 
 Mexia 
 
 Limestone 
 
 T. J. Gibson. 
 
 i;800 
 
 Mobeetie 
 
 Wheeler 
 
 J. N. Browning. 
 
 400 
 
 Montague 
 
 Montague 
 
 A. L. Matlock. 
 
 328 
 
 Montgomery 
 
 IVIontgoniery 
 
 N. H. Davis. 
 
 800 
 
 Mt. Pleasant 
 
 Titus 
 
 JOHN L. PATTERSON, 
 
 '79. 850 
 
 Mt. Vernon 
 
 Franklin 
 
 J. M. Fanning. 
 
 400 
 
 Nacagdoches 
 
 Nacagdoches 
 
 L. Carnes. 
 
 1,000 
 
 Xavasota 
 
 Grimes 
 
 H. H. Boone. 
 
 3,000 
 
 New Braunfels 
 
 Comal 
 
 J. S. Guinn. 
 
 2,000 
 
 Newton 
 
 Newton 
 
 L. B. Clark. 
 
 200 
 
 Oakville 
 
 Live Oak 
 
 T. A. Blair. 
 
 250 
 
 Orange 
 
 Orange 
 
 J. T. Hart. 
 
 3,500 
 
 Paint Rock 
 
 Concho 
 
 Hon. G. H. Garland. 
 
 125 
 
 Palestine 
 
 Anderson 
 
 T. B. Greenwood. 
 
 4,000 
 
 Palo Pinto 
 
 Palo Pinto 
 
 Chas. W. Massie. 
 
 '800 
 
 Paris 
 
 Lamar 
 
 Hale & Hale. 
 
 1,200 
 
 Pearsall 
 
 Friu 
 
 f Carter & Bivens. 
 \\ B. W. Hudson. 
 
 1,200 
 
 Pennington 
 
 Trinity 
 
 C, B. Wood. 
 
 300 
 
 Phantom Hill 
 
 Jones 
 
 (See Albany.) 
 
 — 
 
 P lot Point 
 
 Denton 
 
 John Collier. 
 
 1,290 
 
 Pittsburgh 
 
 Camp 
 
 M. L. IMorris. 
 
 1,500
 
 
 TEXAS. 
 
 771 
 
 PLACE. 
 
 COUXTY. NAMES OF ATTOUNEYS. 
 
 popula'n. 
 
 Pleasanton 
 
 Atascosa 
 
 W, J. Brown. 
 
 400 
 
 Quitman 
 Refugio 
 
 Wood 
 
 A. J. Angle. 
 
 :500 
 
 Refugio 
 
 {See BeviUe.) 
 
 500 
 
 Richmond 
 
 Fort Bend 
 
 Pearson & McCamly 
 
 1,500 
 
 Rockport 
 
 Aransas 
 
 W. C. Phillips. 
 
 800 
 
 Rockwall 
 
 Rockwall 
 
 L. D. Stroud. 
 
 300 
 
 llound Rock 
 
 Williamson 
 
 J. W. liubertson. 
 
 1,000 
 
 Runnels 
 
 Runnels 
 
 T. B. Cochran. 
 
 225 
 
 Rusk 
 
 Cherokee 
 
 E. C. Dickinson. 
 
 2,000 
 
 San Angelo 
 
 Tom Green 
 
 Joseph Spence. 
 fBreneman, O.K., '69. 
 
 32 Soldad Street. 
 EDMOXDS, ELIAS 
 
 4.000 
 
 San Antonio 
 
 Bexar 
 
 t Mayfield, Chas. H. 
 
 43,000 
 
 
 
 See Card m Appendix, page 
 
 xxiv. 
 
 
 
 t Clifford, C. 11. 
 
 
 
 
 f Harrison & Harrison. 
 
 
 San Augustine 
 
 San Augustine 
 
 S. W. Blount. 
 
 600 
 
 San Diego 
 
 Duval 
 
 L. P. Bryant. 
 
 2,500 
 
 San Marcas 
 
 Hays 
 
 W. 0. Hutchinson. 
 
 2,000 
 
 San Patricio 
 
 San Patricio 
 
 P. 0' Dougherty. 
 
 175 
 
 San Saba 
 
 San Saba 
 
 Burleson & Harris. 
 
 1,200 
 
 Schulenburgii 
 
 Fayette 
 
 M. K. Neil. 
 
 1,400 
 
 Seguin 
 
 Guadalupe 
 
 T. L. Johnston. 
 
 1,800 
 
 Seymour 
 
 Baylor 
 
 Taylor & Goss. 
 
 1,000 
 
 Sherman 
 
 Grayson 
 
 Bryan & Dillard. 
 
 9,300 
 
 Stephenville 
 
 Erath 
 
 Wm. M. Moores, '70. 
 
 725 
 
 Sulphur Springs 
 
 Hopkins 
 
 A. A. Henderson. 
 
 1,854 
 
 Sweet Water 
 
 Nolan 
 
 Cowan & Fisher. 
 
 1,500 
 
 Taxcarakana 
 
 Bowie 
 
 W. M. CAMPBELL, '69. 
 
 400 
 
 Temple 
 
 Bell 
 
 C. A. Brand. 
 
 3,100 
 
 Texarkana 
 
 Bowie 
 
 W. M. CAMPBELL. 
 
 4,000 
 
 Throckmorton 
 
 Throckmorton 
 
 N. C. Bolin. 
 
 400 
 
 Tilden 
 
 McMullen 
 
 W. A. Hill. 
 
 600 
 
 Troup 
 
 Smith 
 
 F. M. HAYS. 
 
 284 
 
 Tyler 
 
 Smith • 
 
 Robertson, Duncan & 
 
 Robertson. 
 
 4,000 
 
 Uvalde 
 
 Uvalde 
 
 0. Ellis. 
 
 2,500 
 
 Victoria 
 
 Victoria 
 
 A. B. Peticolas. 
 
 4,000 
 
 Waco 
 
 McLennan 
 
 M. C. H. PARK. 
 
 17,000 
 
 Wallisville 
 
 Chambers 
 
 ( 
 
 H. Jackson. 
 
 M. w. Mcknight. 
 
 200 
 
 Waxahachie 
 
 Ellis . 
 
 t Lancaster ct- 3Iaxwell. 
 t T. B. WJiipple. 
 
 3.500 
 
 Weatherford 
 
 Parker 
 
 Richards & Kuteman. 
 
 4,000 
 
 Weimar 
 
 Colorado 
 
 W. C. Harrison. 
 
 1,200 
 
 Whitesborougli 
 
 Grayson 
 
 G. W. Diamond. 
 
 1,508 
 
 Wichita Falls 
 
 Wichita 
 
 S. ARMSTRONG. 
 
 
 
 Woodville 
 
 Tyler 
 
 West tt Chester. 
 
 800
 
 ii'2 
 
 TEXAS. 
 
 BANKS IN TEXAS. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital of one 
 bank in each county of this state in which such a banking institution is located. 
 
 PLACE. 
 
 Albany 
 
 Austin 
 
 Belton 
 
 Bonham 
 
 Breckenridge 
 
 Brenham 
 
 Brownwood 
 
 Bryan 
 
 Burnet 
 
 Calvert 
 
 Cameron 
 
 Clarksville 
 
 Cleburne 
 
 Coleman 
 
 Colorada 
 
 Columbus 
 
 Comanche 
 
 Corpus Christ! 
 
 Corsicana 
 
 Crockett 
 
 Daingerfield 
 
 Dallas 
 
 Decatur 
 
 Denton 
 
 Eagle Pass 
 
 El Paso 
 
 Fort Worth 
 
 Gainesville 
 
 Galveston 
 
 Georgetovpn 
 
 Gonzales 
 
 Greenville 
 
 Hamilton 
 
 Henderson 
 
 Henrietta 
 
 Ilillsboro 
 
 Houston 
 
 .Jefferson 
 
 Kaufman 
 
 Lampass 
 
 Laredo 
 
 Marl in 
 
 Marshall 
 
 
 
 PAID UP 
 
 NAME OP BANK. 
 
 CASHIER. 
 
 CAPITAL, 
 
 First National Bank 
 
 N. L. Bartholomew 
 
 75,000 
 
 First National Bank 
 
 R. J. Brackenridge. 
 
 160,000 
 
 Belton National Bank 
 
 J. Z. Miller, Jr. 
 
 60,000 
 
 Fannin County Bank 
 
 George A. Preston. 
 
 100,000 
 
 Marberry & Son 
 
 John F. Marberry 
 
 35,000 
 
 First National Bank 
 
 J. N. Brown. 
 
 100,000 
 
 First National Bank 
 
 Brook Smith. 
 
 100,000 
 
 First National Bank 
 
 J. W. Howell. 
 
 100,000 
 
 First National Bank 
 
 W. H. Boggess. 
 
 60,000 
 
 J, Adone 
 
 
 75,000 
 
 Milam County Bank 
 
 H. A. Gladdish. 
 
 25,000 
 
 Red River County Bank 
 
 D. W. Cheatham. 
 
 100,000 
 
 Bank of Cleburne 
 
 (Heard, Allen & Floore) 60,000 
 
 First National Bank 
 
 J. B. Coleman. 
 
 50,000 
 
 Colorada National Bank 
 
 A. Print. 
 
 150,000 
 
 R. E. Stafford & Co 
 
 E. J. Sandmeyer. 
 
 50,000 
 
 Comanche County Bank 
 
 S. A. Josephi. 
 
 25,000 
 
 P. Doddridge & Co 
 
 
 210,000 
 
 First National Bank 
 
 C. H. AUyn. 
 
 100,000 
 
 Houston County Bank 
 
 A. A. DeBerry. 
 
 17,000 
 
 Bank of Daingerfield 
 
 W. C. Womack. 
 
 50,000 
 
 City National Bank 
 
 E. M. Reardon. 
 
 300,000 
 
 First National Bank 
 
 L. C. Mayes. 
 
 50,000 
 
 First National Bank 
 
 C. R. Buddy. 
 
 50,000 
 
 S. P. Simpson & Co 
 
 F. V. Blesse. 
 
 50,000 
 
 First National Bank 
 
 H. S. Kaufman. 
 
 100,000 
 
 State National Bank 
 
 J. C. Harrison. 
 
 300,000 
 
 First National Bank 
 
 William Worsham. 
 
 250,000 
 
 First National Bank 
 
 J. E. Beissner. 
 
 300,000 
 
 Emzy Taylor 
 
 Lee M. Taylor. 
 
 50,000 
 
 G. N. Dilworth 
 
 
 150,000 
 
 First National Bank 
 
 Thos. H. King. 
 
 75,000 
 
 George F. Perry 
 
 
 12,000 
 
 A. Wettermark & Co 
 
 
 50,000 
 
 Henrietta National Bank 
 
 J. W. T. Gray. 
 
 50,000 
 
 Hills County Nat Bank 
 
 (J. E. Phillips. 
 
 50,000 
 
 Commercial Nat Bank 
 
 R. A. Girard. 
 
 200,000 
 
 Citizens' Bank 
 
 A. D. Banta. 
 
 26,000 
 
 Nash & Carlisle 
 
 Geo. W. Voiers. 
 
 25,000 
 
 First National Bank 
 
 E. ]\L Longcope. 
 
 50,000 
 
 Milmo 
 
 D. Milmo. 
 
 120,000 
 
 Bank of Marlin 
 
 John Bellinger. 
 
 100,000 
 
 First National Bank 
 
 E. Key. 
 
 75,000
 
 
 TEXAS. 
 
 
 773 
 
 PAID UP 
 
 PLACE. 
 
 NAME OP BANK. 
 
 CASHIER. 
 
 CAPITAL. 
 
 McKinney 
 
 Collins Co Nat Bank 
 
 W. L. Boyd. 
 
 100,000 
 
 >[ontague 
 
 First National Bank 
 
 Wm. A. ^lorris. 
 
 50.000 
 
 Mt Pleasant 
 
 Mt Pleasant Bank 
 
 C. W. Moores. 
 
 40,000 
 
 Nacogdoches 
 
 A Wettermark & Son 
 
 
 25,000 
 
 Palestine 
 
 Robinson Bros 
 
 
 35,000 
 
 Paris 
 
 Farmers & M'c'ts Bank 
 
 H. A. Bland. 
 
 200,000 
 
 Pittsburg 
 
 Camp County Bank 
 
 C. II. Morris. 
 
 25.000 
 
 Runnells 
 
 Davis. Baker & Co. 
 
 
 62,000 
 
 Rusk 
 
 F W Bonner & Son 
 
 Wade Bonner. 
 
 75,000 
 
 San Antonio 
 
 San Antonio Nat Bank 
 
 John Withers. 
 
 125,000 
 
 San Marcos 
 
 First National Bank 
 
 E. L. Tliomas. 
 
 50,000 
 
 Sherman 
 
 M'c'ts & P't'rs Nat Bank 
 
 C. B. Dorchester. 
 
 600,000 
 
 Sulphur Sp'g' 
 
 s First National Bank 
 
 P. H. Foscue. 
 
 50,000 
 
 Tyler 
 
 E C Williams & Co 
 
 
 45,000 
 
 Victoria 
 
 A Levi & Co 
 
 Chas. G. Levi. 
 
 150,000 
 
 Waco 
 
 Waco State Bank 
 
 W. W. Seley. 
 
 125,000 
 
 AVaxahachie 
 
 Citizens' Nat Bank 
 
 T. A. Ferris. 
 
 100,000 
 
 Weather ford 
 
 First National Bank 
 
 W. W. Davis. 
 
 50,000
 
 TERRITORY OF 
 
 UTAH. 
 
 SUMMARY OF 
 
 i 
 
 Coi^LECTioN Laws. 
 
 Court Calendar, Instructions for taking Depositions^ Legal Forms, Etc. 
 Expressly Prepared and Revised to Nov. 1st, 1887, for " Showers' 
 Legal Directory and Merchants' Guide." for 1888. by 
 HoGE & Burmester, of the Salt Lake City Bar. 
 
 Acknowledgments. — ^May be made within the territory before a judge or 
 clerk of a court, having a seal, or some notary public or county recorder, or 
 by a justice of the peace of the county where the conveyance is executed and 
 to be recorded. Elsewhere in the United States, before some judge or clerk 
 of any court of the United States, or of any state or territory having a seal, 
 or by a notary public, or by a commissioner appointed by the court for that 
 purpose. Out of the United States before some judge or clerk of any court 
 of any state, kingdom or empire, having a seal, or any notary public there- 
 in, or any mmister, commissioner, or consul of the United States, appointed 
 to reside therein. 
 
 General Form of Acknowledgments. 
 
 Territoky (tp Utah, ) 
 
 County of . i * 
 
 On this day of , in the year , before me, (name and quality 
 
 of officer), personally appeared , known to me, (or proved to me on the 
 
 oath of ), to be the person whose name is subscribed to the within instru- 
 ment and acknowledged to me that he (or they) executed the same. 
 
 [seal.] {Signature and title of officer.) 
 
 If the deed be executed by a corporation, after the words ' ' known to 
 me," etc., insert, "to be the president (or secretary) of the corporation that 
 executed the within instrument, and acknowledged to me that such corpora- 
 tion executed the same." 
 
 Of a Married Woman. 
 Territory of Utah, > 
 County of . 3 ' 
 
 On this day of , in the year -, before me, (name and quality 
 
 of officer), personally appeared , known to me, (or proved to me on the 
 
 oath of ,) to be the person whose name is subscribed to the within instru- 
 ment described as a married woman ; and upon an examination without the 
 hearing of her husband I made her acquainted with the contents of the in- 
 strument, and thereupon she acknowledged to me that she executed the same, 
 and that she does not wish to retract such execution, 
 
 [seal.] {Signature and title of officer.) 
 
 lUtah 1.] 
 
 I
 
 UTAH TERRITORY. 775 
 
 By subscribing witness see general form. 
 
 By an attorney in fact, same as the general form, but after the word "in- 
 strument"' insert "as the attt)ruey in fact of , and acknowledged that he 
 
 subscribed the name of thereto as principal, and his own name as attor- 
 ney in fact." 
 
 Acknowledgments must be authenticated by the signature, followed by 
 the name or title of office, and the official seal affixed, if the offi(;crhas by law 
 an official seal. The seal may be made by an impression on the paper, or on 
 wax or other substance attached. 
 
 Form of Proof hy Subscribing Witness. 
 
 Territory of Utah, > 
 County of . 5 **' 
 
 On this day of , in the year one thousand eight hundred, and 
 
 , before me , a , personally appeared , known to me to be the 
 
 person whose name is subscribed to the within instrument as a subscribing 
 
 witness thereto, and that said , being by me sworn, on oath, testified and 
 
 proved to me that , the person whose name is subscribed to said instru- 
 ment as a party, is the person described in it, and that the said executed 
 
 the same, and that he, the said , subscribed his name thereto as a wit- 
 ness. 
 
 In witness whereof I have hereunto set my hand and , tlie day and 
 
 year in this certificate first above written. 
 
 [seal.] (Signature and title.) 
 
 Actions. — There is but one form of civil action. A civil action is com- 
 menced by filing of a complaint, and the issuing of a summons. Summons 
 may be issued at any time within one year from the filing of the complaint. 
 This applies to justices' as well as district courts. In justices' courts the 
 complaint may be a copy of note, account, bill bond or other instniments on 
 which the action is founded. All actions must be i:)rosecuted in the name of 
 the real party in interest, with the exception of those prosecuted by and in 
 the name of persons acting in a fiduciary capacity. 
 
 AfB.davits. — Affidavits to be used before any court, judge or officer of this 
 territory, may be taken before any judge or clerk of any court or any jus- 
 tice of the peace or notary public in this territory. If taken out of the ter- 
 ritory and in the United States, may be taken before a commissioner ap- 
 pointed by the governor of this territory to take affidavits and depositions in 
 the state or territory where taken, or before any notary public, or before any 
 judge or clerk of a court having a seal. If taken in a foreign countrj', before 
 an embassador, minister, consul, vice-consul or consular agent of the United 
 States or before any judge of a court of record, having a seal, in such for- 
 eign country, when taken before a judge or court of any other state or terri- 
 tory or in a foreign country, tlie genuineness of the signature f)f tlie judge, 
 the existence of the court, and the fact, that such judge is a member thereof, 
 must be certified by the clerk of the court under the seal thereof. 
 
 AUens. — Aliens take by descent as if citizens, and may be inlicrited from 
 as if citizens. But if a non-resident alien shall fail to appearand claim suc- 
 cession within five years after the death of the person to whom he claims 
 succession, the probate court may cause the property to be reduced to the 
 possession of the territory, or cause the same to be sold and the proceeds to 
 be deposited in the territorial treasury for the benefit of such non-resident 
 alien, or his legal representative, to be paid to him whenevei', within five 
 years after sucli deposit, proof to the satisfaction of the probate court and 
 the auditor of public accounts is produced that he is entitled to succeed 
 [Utah 2.1
 
 776 UTAH TERRITORY. 
 
 thereto. If no one succeeds to the estate or the proceeds, as above stated, 
 the property escheats to the territory for the benefit of the common schools. 
 
 Appeals. — Api^eals lie from decisions of justices of the peace and from 
 probate courts to the district court in all cases, and from the district courts 
 to the supreme court of the territory. 
 
 Appeals from decisions of justices of the peace must be taken in 30 days ; 
 from probate courts, in sixty days, and from district courts to the terri- 
 torial supreme court, in one year from final judgments in cases commenced 
 in the district courts ; in ninety days, from judgments rendered on appeal 
 from an inferior court ; and from interlocutory and other orders, in sixty 
 days. — {See Stay of Execution.') 
 
 Arrest. — Defendant may be arrested in a civil action on an order of the 
 court in which the action is brought. 1st. In an action for the recovery of 
 money or damages arising upon a contract, express or implied, when the de- 
 fendant is about to depart from the territory with intent to defraud his cred- 
 itors, or when the action is for wilful injury to person or character, or to 
 property, knowing the property to belong to another. 2d. In an action for a 
 fine or penalty or for a breach of promise to marry, or for money or prop- 
 erty embezzled or fraudulently misapplied or converted to his own use by a 
 public officer, or an officer of a corporation, or an attorney, factor, broker, 
 agent or clerk in the cause of his employment is such, or by any other per- 
 son in a fiduciary capacity ; or for misconduct or neglect in office or in a 
 professional employment, or for wilful violation of duty. 3d. In an action 
 to recover the possession of personal property unjustly detained, when the 
 property or any part thereof has been concealed, removed or disposed of, so 
 that it cannot \>% found or taken by the marshal, sheriff or other executive 
 officer of the court. 4th. 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 the taking, deten- 
 tion or conversion of which the action is brought. 5th. When the defendant 
 has removed or disposed of his property, or is about to do so, with intent to 
 defraud his creditors. 
 
 Plaintift' must furnish a written undertaking, with sureties, in an amount 
 to be fijced by the judge, which shall not be less than $500. Defendant may 
 be admitted to bail. 
 
 Assignment- — No statute law in the territory on this subject ; rests as at 
 common law, accepting dividend does not amount to a discharge of the 
 debtor ; simply payment to the amount. 
 
 Attachment. — Plaintiff may at time of issuing summons or at any time 
 afterwards, have property attached as security for the satisfaction of any 
 judgment that may be recovered, unless the defendant give security to pay 
 such judgment in the following cases : 
 
 1st. In an action ujion a judgment or upon a contract, express or implied, 
 which is not secured by any mortgage or lien upon real or personal property, 
 situate or being in this territory, or, if originally so secured, such security 
 has, without any act of the plaintiff or of the person, to whom the security 
 was given, become valueless. 2d. In an action upon a judgment or upon a 
 contract, express or implied, against a defendant not residing in this terri- 
 tory. 3d. In an action upon judgment or upon a contract, express or im- 
 plied, against any person, who : 
 
 (rt) Stands in defiance of an officer, or conceals himself so, that jjrocess 
 cannot be served upon him, or 
 
 (&) has [assigned, disposed of or concealed, or is about to assign, dispose of 
 or conceal any of his property with intent to defraud his creditors, or 
 
 (c) has departed, or is about to depart from the territory to the injury of 
 his creditors, or 
 
 [Utah 3.]
 
 UTAH TERRITORY. 777 
 
 {d) Fraudulently contracted the debt or incurred the obligation respecting 
 which the action is brought. 
 
 The clerk issues the writ ujion the receipt of an affidavit made by or on 
 behalf of the plaintili', with sufficient securities in a sum not less than 
 §200. 
 
 Banks and Bankers. — Xo special law in reference to banks and bankers, 
 are governed by the general law solely. 
 
 Bills of Exchange and Promissory Notes. — {See Notes and Bills.) 
 
 Chattel Mortgages. — Must be recorded, acknowledged and an affidavit of 
 both, motgagor and mortgagee or their agents attached, stating, tliat the 
 same is made m good faith and that it is not intended to hinder or delay the 
 creditors of the mortgagor. Possession of property must be taken by mort- 
 gagee to be valid against third parties, or a clause inserted in the mortgage, 
 that the mortgagor may retain possession of property. 
 
 It is a crime for mortgagor to sell mortgaged chattels and may be pun- 
 ished for doing so, without written consent of mortgagee, etc. 
 
 If acknowledged, etc. and filed, as above provided, is good and valid 
 as against all persons, from the time of filing, "until the maturity of the 
 entire debt or obligation for the security of w hicli the same was given, and 
 for a period of ninety days thereafter ; provided, the entire time shall not 
 exceed one year." 
 
 Personal property mortgaged may be taken on attachment, if any legal 
 cause for attachment exist, or on execution, but before the property is so 
 taken, the officer must pay or tender the mortgagee the amount of the mort- 
 gage debt and interest, where payable, if payable in the territory. If no 
 place of payment is specified, or if payable without the territoiy, then he 
 must deposit the amount with the county treasurer of any county, where the 
 mortgage is recorded, payable to the mortgagee or his order. 
 
 Section l-i. "Nothing herein contained shall authorize any person to 
 mortgage any part or portion of such person's personal property, as may be 
 by law exemi)t from seizure and sale under execution, except as security for 
 the purchase money therefor. ' ' 
 
 Claims against Estates of Deceased Persons. — Every executor or ad- 
 ministrator must immediately after his appointment publish a notice to the 
 creditors of the deceased, requiring them to exhibit their claims with the 
 vouchers thereof, within ten months, (four months when the estate does not 
 exceed in value the sum of two thousand dollars), to the executor or ad- 
 ministrator, at a place to be specified in the notice. 
 
 If a claim be not presented within the time limited in the notice it shall 
 be forever barred. In casesin which the claimant shall have had no notice by 
 reason of his being out of the Territory, hisclaim maybe presented atanytime 
 before a decree of distribution is entered in the probate court. 
 
 Every claim presented shall be supported by the affidavit of the claimant 
 that the amount is justly due, and that no payments have been made thereon, 
 and that there are no off-sets to the same to the knowledge of affiant. The 
 affidavit may be made by a person other than the claimant, but in such case 
 it must set forth the reasons why it is not made by the claimant. The ad- 
 ministrator may require satisfactory vouchers or proof in support of the 
 claim. The amount of interest must be computed and included in the state- 
 ment of the claim, and the rate of interest determined. If the claim shall 
 be allowed by the administrator, he must present it to the probate judge, 
 who may then allow or reject the claim. If a claim is rejected, suit must be 
 brought against the administrator within three months, if then due, or in 
 two months after it becomes due. No action can be maintained on any claim 
 against an estate unless the claim has been presented to the administrator 
 [Utah 4.]
 
 778 UTAH TERRITORY. 
 
 for allowance, except to enforce a mortgage or lien, expressly waiving all re- 
 course against other propertj'. Of a claim not due when presented, or con- 
 tingent, tlie particulars must be stateil. 
 
 Claims are payable in the following order : 1st. Charges of last sickness- 
 and funeral ; 2nd. Allowances made by probate court for maintenance of 
 widow or minor children; 3rd. Other claims against the estate; 4th. Lega- 
 cies and distribution to heirs. If there are not sufficient assets to pay all the 
 debts of any one class, there shall be a pro rata 'dividend declared by the 
 court among the claimants of that class. — {See Proof of Claims.) 
 
 If the decedent leaves a husband or wife, and only one child, or the issue 
 of one child, the estate, except as pi'ovided above, passes in equal shares tO' 
 the surviving husband or wife, and child, or issue of such child. If there 
 are more than one child living, or one child and the issue of a deceased child 
 or children, one-third to the surviving husband or wife, and the remainder 
 in ecpial shares to his children, and to the issue of any deceased child, by 
 right of representation. If there is nochildlivingat his death, the remainder 
 goes to all his lineal descendants ; and if they are in the same degree of 
 kindred to the decedent they share equally, otherwise they take by right of 
 representation. If the decedent leaves no husband or wife, but leave issue, 
 all the estate goes to such issue, and the issue of a deceased child takes by 
 right of representation. 
 
 If the decedent be a widow or widower and leave no kindred, and any por- 
 tion of the estate was common property of such decedent and his or her de- 
 ceased spouse, such common property shall go to the father of such deceased 
 spouse, or if he be dead, to the mother, or, if both be dead, to the brothers 
 and sisters of such deceased spouse, in equal shares, and to the lawful issue 
 of any of deceased brother or sister of such spouse, by right of represent- 
 ation. 
 
 Corporations. — The legislative assembly cannot grant private charters,, 
 but may by general incorporation laws permit persons to fonn bodies corpor- 
 ate for mining, manufacturing, and other industrial pursuits, for the con- 
 struction and operation of railroads, wagon roads, and irrigating ditches, 
 and the colonization and improvement of lands in connection therewith ; or 
 for colleges, seminaries, churches, libraries, or any benevolent, charitable, 
 or scientific association. The real property that may be held by any charit- 
 able or religious corporation is limited to fifty thousand dollars in value. 
 Any number of persons not less than five, one third of whom must be resi- 
 dents of the territory, may become a body corporate for any of the above 
 enumerated purposes except that of constructing and operating a railroad. 
 To organize a railroad corporation, there must be ten incorporators, two- 
 thirds of whom must reside in the territory. In their preliminary agreement 
 or articles of incorporatiau the incorporators may provide against individual 
 liability. 
 
 Foreign, Corjtoratiorts are required to file in the office of secretary of the 
 Territoiy a copy of their articles of incorporation, and furnish the name of 
 some person to said secretary as agent upon whom papers may be served, 
 when sued ; all insurance companies are also required to make a full state- 
 ment each six months to the secretary of the business of the company, and 
 its financial condition. 
 
 Costs. Security for — All non-residents who bring actions, may be re- 
 quired to give security, on being served with notice by the opposite party 
 demanding such security. 
 
 Conveyances. — AH conveyances of real property, deeds, mortgages and 
 any otlu-r instrument affecting real estate must be acknowledged and wit- 
 nessed by one or more witnesses to entitle it to be recorded. Chattel mort- 
 gao-es miist be executed as other deeds and mortgages, with the addition of 
 tlie affidavit of mortgagor and mortgagee. 
 
 [Utali 5.]
 
 UTAH TERRITORY. 779 
 
 Courts. — Justices* Courts have jurisdiction in any sum less than $300. 
 
 Probate Courts liave jurisdiction in settlement of estates and guardianship, 
 and in divorces, by special act of congress. 
 
 District courts, jurisdiction unlimited ; three districts in territory; three 
 district judges appointed by the president. 
 
 Supreme Court composed of the three district judges. 
 
 Four sessions of district and two of supreme court each year. 
 
 Appeals from justices' to district courts, and from district to supi'eme court, 
 in all cases, and from supreme ccmrt of the territory to United States supreme 
 court in all cases where the amount in controversy exceed $5,000, exclusive 
 of costs. 
 
 Court Calendar. — 
 
 SUPREME COURT. 
 
 Chief Justice, Charles S. Zane, of Illinois. Associate JuMices, H. 1'. Henderson, 
 Michigan, and Jacob S. Boreman, Utah. Clerk, Ezra T. Sprague. 
 
 Terms held at Salt Lake City 2d Monday in January and 1st Monday In June of 
 each year. 
 
 DISTRICT COURTS. 
 
 First District. Terms for counties of Millard, Sevier, San Pete, Juab, Wasatch, Emery 
 and Unitah,are heldatProvo City, Utah County, 8d. Monday in February and 3Md on- 
 cay in September; and for counties of Weber, Box Elder Cache, Rich and Morgan, 1st 
 Monday in May and 3d Monday in November. 
 
 Second IHstrict, comprising the counties of Garfield, Kane, Washington, Piute Iron, 
 San Juan and Beaver. Terms are held at Beaver City, Beaver County, 1st Mondays in 
 March, May, Septemberand December. 
 
 TTiird District, comprising the counties of Salt Lake, Tooele, Summit and Davis. 
 Terms are held in the City and County of Salt Lake, as follows : On the first Monday 
 in February, 2d Monday in April, 4th Thursday in Suptembcr, and 2d Monday in De- 
 cember. 
 
 PROBATE COURTS 
 
 In each organized county there is a Probate Court, consisting of a probate judge 
 and clerk. Tliese courts are always in session, but have four regular stated terms, 
 commencing on the 2d Mondays of March , J une, September and December of each year. 
 
 Curtesy. — Xo curtesy in Utah. 
 
 Deeds. — (See Conveyances and acknowledgments.) 
 
 Descent and Distribution. — Sec. 1st, Succession is the coming in of 
 another to take the property of one who dies without disposing of it by will. 
 
 Sec. — 2nd and 3rd. Real and personal property, where no will passes 
 to the heirs, subject to tlie control of tlie probate court, and the possession 
 of any administrator, for the purpose of administration, and shall be dis- 
 tributed subject to the payment of debts, in the following maimer; 1st. If 
 decedent leaves a surviving husband or wife, and only one cliikl, or the isstie 
 •of one child in ecftial shares to the surviving husband, or wife and cliild or 
 issue of such child. If decedent leaves surviving husband orwife and more 
 than one child, or one child and the issue of one or more deceased children, 
 one-third to the husband or wife, and tlic remainder in equal shares to the 
 children, and to the issue of any grandchild, by right of representation ; but 
 if there be no cliild living at deatli, tlie remainder goes to all of his lineal 
 descendants, and if all of the descendants areinthe same degree of kindred, 
 to the decedent, they share equally, otherwise they take according to the 
 right of representation ; 2nd. If the decedent leaves no issue the estate goes 
 one-half to the surviving husband or wife, and the other to the decedent's 
 father and mother in equal shares, and if either be dead, the whole of said half 
 goes to the other. If neither father or motlier, then one-half to the brothers 
 and sisters, and children of any deceased brother or sister by right of repre- 
 sentation ; 3rd. If there be neither issue, husband, wife, father or mother 
 
 [Utah 6.]
 
 780 UTAH TERRITORY. 
 
 then in equal shares to the brothers and sisters of the deceased, and to the 
 children of any deceased brother or sister by right of representation ; 4tli. 
 If the decedent leaves a surviving husband or wife, and neither issue, father, 
 mother, brother nor sister, the whole estate goes to the surviving husband or 
 wife; 5th. If the decedent leaves neither issue, husband, wife, father, moth- 
 er, brother, nor sister, the estate must go to the next of kin, in equal degree, 
 excepting when there are two or more collateral kindred, in equal degree, 
 claiming through diflferent ancestors, those who claimed through the nearest 
 ancestors must be preferred to those claiming through an ancestor more re- 
 mote ; 6th. If the deceased leaves several children, or one child, and the issue 
 of one or more children, and any such surviving child dies under age, and not 
 having been married, all the estate that came to the deceased child, by inheri- 
 tance from such decedence, decends in equal shares to the other children of 
 the same parent, and to the issue of any such other children who are dead 
 by right of representation; 7th. If, after the death of such child, who dies 
 under age, not having been married, all the other children of his parents are 
 also dead, and any of them have left issue, the estate that came to such child 
 by inheritance from his parents, decends to the issue of all other children of 
 the same parent, and if all the issue are in the same degree of kindred to the 
 child, they share the estate equally, otherwise they take according to the 
 right of representation ; 8th. If the decedent be a widow or widower, and 
 have no kindred, and the estate or any portion thereof was common property 
 of such decedent and his or her deceased spouse, while such a spouse was 
 living, such common property shall goto the father of such deceased sijouse, 
 or if he be dead to the mother. If there be no father nor mother, then such 
 property shall go to the brothers and sisters of such deceased spouse, in 
 equal shares, and to the lawful issue of any deceased brother or sister of such 
 deceased spouse, by right of representation ; 9th. If the decedent leaves no 
 husband, wife, or kindred, and there be no heirs to take the estate or any 
 portion thereof, under sub-division 8th of this section, the same shall be 
 disposed of in the manner provided in section 23 of this title, for the dispos- 
 al of the estate of non-resident foreigners. 
 
 Sec. 22. — "Those who succeed to the property of a decedent are liable for 
 all his obligations in the cases and to the extent prescribed by the "act" re- 
 lating to procedures of probate courts in the settlement of estates." 
 
 Sec. 4th. — Every illegitimate child inherits as heir of his mother. (Prohib- 
 ited by act of congress, Edmunds-Tucker-Hill Bill, from inheriting from 
 father) and inherits her estate in whole or in part as the case may be, in the 
 same manner as if born in lawful wedlock. The issue of all marriages null 
 inlaw, or dissolved by divorce are legitimate. 
 
 Depositions. — The testimony of witnesses may be taken within the terri- 
 tory, by deposition, after service of summons, in the following cases ; 1st. 
 When the witness is a party ; 2d. "When the witness resides out of the county 
 in which his testimony is to be used ; 3d. When he is about to leave the county 
 and continue absent therefrom when the testimony is required ; 4th. When 
 the witness is too infirm to attend trial, or resides in the county, but more 
 than fifty miles from the place of trial. Depositions within the territory may 
 be taken before any judge or clerk of the court, or any justice of the peace, 
 or notary, on serving upon the adverse party previous notice of time and 
 place of examination, with a copy of an affidavit showing a proper case in 
 which to take depositions. 
 
 The testimony of a witness out of the territory may be taken in an action, 
 at any time after the service of summons or appearance of the defendant, on 
 a commission issued from the court under seal, vipon an order of the judge or 
 court, on application of either party, on five days' notice. It may be issued 
 to any person agreed upon, or if no person be agreed ujion, to any judge or 
 justice of the peace selected by the officer granting the commission, or to a 
 commissioner of deeds, etc., appointed by the governor of Utah. 
 
 Unless the parties otherwise agree, the deposition must be taken on written 
 
 [Utah 7.]
 
 UTAH TERRITORY. 781 
 
 interrogatories, direct and cross, to be settled by the judj^e, and attached to 
 the commission. The deposition being certified by the officer taking the same 
 shall be sealed in an envelope directed to the clerk of the court in which the 
 action is pending, or other person designated, and forwarded by mail or other 
 usual channel of conveyance. 
 
 In practice, however, commissions are rarely issued in Utah, the respective 
 attorneys signing a stipulation in lieu thereof, to take depositions of witnesses 
 named, on written interrogatories and cross-interrogatories, before some no- 
 tary or other officer, and waiving notice, commission, and objections as to 
 form of questions, such stipulation or copy being sent with the interrogato- 
 ries, direct and cross. 
 
 Instructions and Forms for taking Depositions. — 1st. If the time and place 
 of executing the commission are not named therein, the commissioner will 
 subposna the witness to appear before him at such time and place as he may 
 appoint, and administer the oath to the witness ; 2d. Either the commissioner, 
 witness, or some impartial person, must reduce the answers of the witness to 
 writing, as near as may be in the language of the witness. The following 
 foiins may issued : — 
 
 Deposition of witnesses taken in a caiise pending in the , (here name 
 
 the court in which the suit is pending), wherein , is plaintiff, and , 
 
 defendant, and for said plaintift", (or defendant as the case may be), in pur- 
 suance of the notice (or commission or stipulation) hereto attached. (Here 
 state which of the parties was present.) 
 
 "A. B. of the county of , of lawful age, being first duly sworn (or 
 
 affirmed) by me as hereinafter certified, deposes and says. 
 
 1st. To the first interrogatory he says. 
 2d. To the second interrogatory he says. 
 1st. To the first cross-interrogatory he says. 
 
 When the deposition is finished it must be subscribed by the witness. If 
 more than one witness is to be examined, the next deposition may be com- 
 menced immediately below the preceding, as follows : — 
 
 "Also C. D. of , of lawful age, being" etc., (same as in first depo- 
 
 .sition.) 
 
 At the end of the whole, the certificate of the officer must be aimexed, 
 and may be as follows : — 
 
 State of , > 
 
 County of . 5 ' 
 
 I, A. B., (name the official character of the officer), the commissioner 
 named in said commission, (notice, or stipulation,) do hereby certify that the 
 above-named, (name all the witnesses) appeared before me, and were by me 
 first duly and severally sworn (or affirmed) to testify the tnith, the whole 
 truth, and nothing but the truth, in the above entitled cause, their evidence 
 was then taken down, and to each witness his evidence was carefully read 
 over, and the same was corrected by him, after which he subscribed the same 
 
 in my presence, on the day of , 18 — , at my office in the town of 
 
 county of , and state of . Said depositions were taken at the time 
 
 and place mentioned in the annexed commission (or notice, or stipulation ; or 
 say, and were commenced at the time and place in the annexed notice, or 
 commission, or stipulation) specified, and continued by adjournment from 
 day to day, at the same place and between the same hours as in the said no- 
 tice (or commission) specified, and for the reason above stated. In testimony 
 whereof, I have hereunto set my hand (if the officer have a seal add) [andoffi- 
 
 1 Utah 8.]
 
 782 UTAH TERRITORY. 
 
 cial seal] this day of , A. D. 18 — . (Sign, stating official character. 
 
 and add "commissioner to take said depositions,'' if they be taken on a com- 
 mission.) 
 
 The commissioner will attach together and fold the commission, interroga- 
 tories, answers, and any document deposed to by the witness, in a packet, 
 and seal the same. 
 
 The sealed package containing the deposition should be addressed to "the 
 
 clerk of the , (naming the court in which suit is pending), at ." 
 
 Across the seals write "Depositions in the case of A. B. vs. C. D., taken, 
 sealed up, addressed, and transmitted by me." (Sign with official character.) 
 
 If the suit is pending before a justice, the address should be " To , ius- 
 
 tice of the peace, within and for precinct, county of , Utah." 
 
 Divorce. — A bona fide residence of a year is required within a county 
 within the jurisdiction of the covirt. Divorces are granted for the following 
 causes : Impotency, adultery, wilful desertion for more than a year, wilful 
 neglect to provide for wife the common necessaries of life, habitual drunken- 
 ness, conviction for a felony, extreme cruelty. No decree in divorce shall be 
 granted upon default or otherwise, except upon legal testimony taken in the 
 cause. The guilty party forfeits all rights acquired by marriage. Alimony 
 and an allowance for maintenance of children may be awarded in all cases. 
 Children ten years of age may select the parent to which they will attach 
 themselves. All orders made by the court respecting the distribution of the 
 property and control of the children are subject to modification at any time 
 by the court. As to jurisdiction, see Court Calendar for Utalb Territory. 
 
 Dower, Etc. — A widow shall be endowed of the third part of all the lands 
 whereof her husband was seized of an estate of inheritance at any time 
 during the marriage, unless she shall have lawfully released her right there- 
 to. 
 
 In case of divorce dissolving the marriage contract for the misconduct of 
 the wife, she shall not be endowed. 
 
 Evidence. — All persons may be witnesses in civil cases, except : 1st. "Where 
 the other party to the transaction, or opposite party in the action, or the 
 party for whose immediate benefit the action is prosecuted or defended, is the 
 representative of a deceased person, when the facts to be proved transpired 
 before the death of such deceased person; 2nd. Husband and wife, either for 
 or against the other, except in an action brought by one against the other, 
 or by their consent, or in criminal action for a crime committed by one against 
 the other ; 3rd. Attorneys, physicians, clergymen, and priests, as to confi- 
 dential communications, without consent of the client, communicant, or 
 patient respectively, and public officers as to official communications, when 
 the public interest would suff"er from such disclosure. Laws relating to the 
 attestation of any instrument requiring attestation are not affected by the 
 preceding sections. 
 
 And except those of unsound mind, and children under ten years of age, 
 who appear incapable of receiving just impressions of the facts respecting 
 which they are examined, or of relating them truly. 
 
 A judical record of a foreign country (i. e. 'outside United States) may be 
 proved by a copy thereof, certified by the clerk, with the seal of the court 
 annexed, if there be a clerk and seal, or by the keeper of the record with the 
 seal of his office annexed, if there be a seal, to be a true copy of such record 
 together with a certificate of a judge of the court that the person making 
 the certificate is the clerk of the court, or the legal keeper of the record, and 
 in either case that the signature is genuine and the certificate in due form, 
 and also with the certificate of the minister or ambassador of the United 
 States, or a consul of the United States in such foreign country, that there is 
 such a court, specifying generally the nature of its jurisdiction, and verifying 
 the signatures of the judge and clerk, or other legal keeper of the record. 
 
 [Utah 9.]
 
 UTAH TERRITORY. 783 
 
 A copy of a judicial record of a ft)rcigu country is also admissible in evi- 
 dence upon proof, first, that the copy offered has been compared witli the 
 original by the witness, and is an exact transcript of the whole of it ; second, 
 that such original was in the custody of the clerk of the court, or other legal 
 keeper of the same ; and third, that the copy is duly attested by a seal whfch 
 is proved to be the seal of the court where the record remains, if it be the 
 record of a court, or, if there be no such seal, or if it be not a record of a 
 <50urt, by the signature of the legal keeper of the original. The proof men- 
 tioned in this section can only be by the witness in open court, or by a deposi- 
 tion duly taken in the action. 
 
 Executions. — May issue any time within five years. Real property sold 
 under execution may be I'edeemed within six nlonths after sale and payment 
 of the amount for which sold, and six percent, thereon, and all charges. 
 
 Exemptions. — There is a homestead to the head of the family, of $1,000, 
 and the further sum of $500 for his wife and $250 additional for each other 
 member of the family, chairs, tables, desks and books to the amount of $200, 
 necessary household and kitchen furniture to the value of $300, one sewing 
 machine, hanging pictures, oil paintings and drawings drawn or painted by 
 any niembor of the family, and portraits and their necessary frames, pro- 
 visions actually j)rovided for individual or family, use, sufficient for three 
 months ; two cows with their sucking calves, and two hogs and suckingpigs. 
 The farming utensils or implements of husbaiidry of a farmer, not exceed- 
 ing the value of $300, also two oxen, or two horses, or two mules and their 
 harness, one cart or wagon and food for such oxen, horses, cows or mules for 
 sixty days, also all seed grain for the purpose of planting and on hand any 
 time within six months, not exceeding $200. 
 
 The tools, tool chest and implements of a mechanic or artisan, necessary 
 to carry on his trade, not exceeding $500 in value, the instruments and chest 
 of surgeon, physician, surveyor and dentist, necessary to the exercise oftlieir 
 profession, with their libraries ; professional libraries and office furniture of 
 an attorney and the libraries of ministers of the gospel. 
 
 The cabin or dwelling of a miner to the value of $500, also his sluices, 
 pipes, hose, windlass, derrick, cars, pumps and tools to the value of $200. 
 Two oxen, two horses, or two mules and their harness, and a cart or wagon, 
 one dray or truck by the use of which a cartman, teamster or other laborer 
 habitually earns his living, and one horse with vehicle and harness or other 
 equipments, used by a physician, surgeon or minister of the gos^^el in mak- 
 ing his professional visits, with hay and grain for said horse for three months. 
 One-half the earnings for personal services rendered any time within GO days 
 next preceding levy, when it appears that such earnings are necessary for the 
 use of his family, if living in the territory and supported wholly or in part 
 by his labor. 
 
 All interest in life insurance, on the life of the debtor, if annual premiums 
 do not exceed $500. 
 
 Factors. — No law on the subject. 
 
 False Pretense. — Sec. 312. Every person who knowingly and designedly, 
 by false or fraudulent representations or pretenses, defrauds any other person 
 of money or property is punishable by imprisonment in the county jail, not 
 exceeding one year, and by fine not exceeding three times the value of the 
 money or property so obtained. 
 
 Frauds, Statutes of. — No estate, — except lease for not exceeding one 
 year — in real estate nor any trust or i)ower over or concerning lands, can 
 T)e created, granted, surrendered or disclosed, unless by act or operation of 
 law, or by deed or conveyance in writing, subscribed by the party or his law- 
 ful agent. Every conveyance of or interest in lands, or the rents or profits 
 [Utah 10.]
 
 V84 UTAH TERRITORY. 
 
 thereof made with iutent to defraud jirior or subsequent thereof, for a valu- 
 able consideration, shall be void as against such purchasers. 
 
 All deeds of gift, conveyances or transfers, verbal or written, of goods, 
 chattels or things in action, made in trust for the use of the person making 
 the same, shall be void as against the creditors existing or subsequent of such 
 person. 
 
 Every agreement in the following cases shall be void, unless such agree- 
 ment, or some note or memorandum thereof be in writing, signed by the 
 party to be charged, and expressing the consideration. 
 Every agreement that by its terms is not to be preferred within one year. 
 Every promise to answer for the debt, default, or miscarriage of another. 
 Every agreement, promise, or undertaking, made upon consideration of 
 marriage, except mutual promise to marry. 
 
 Every contract for the sale of goods, chattels, or things in action ; unless 
 the buyer shall accept or receive part of such goods, or the evidences, or 
 some of them, of such things in action ; or unless the buyer shall, at the time 
 pay some part of the pvirchase money. 
 
 Every sale or assignment of goods or chattels in vendor's possession or un- 
 der his control, unless accompanied by a delivery within a reasonable time, and 
 followed by actual and continued change of possession, shall be conclusive evi- 
 dence of fraud, as against creditors and subsequent purchasers in good faith. 
 The word "creditors" includes all who shall be creditors of the vendor or as- 
 signor at any time while such property shall remain in his possession or un- 
 der his control. 
 
 Every conveyance or assignment, or otherwise, of any estate or interest in 
 lands, or in goods or things in action, or of rents or profits, or issuing there- 
 from, made with iutent to delay, hinder, or defraud creditors, or other pei- 
 sons of their lawful suits, damages, forfeitures, debts or demands, and every 
 bond, or other evidence of debt given, suits commenced, decree or judgment 
 suflered, with the like intent, as against the person hindered, delayed, or de- 
 frauded, shall be void. Every conveyance, charge, instrument or proceeding 
 declared to be void by the provisions of this act as against creditors and pur- 
 chasers, shall be equally void as against the heirs, successors, personal repre- 
 sentatives and assigns of such creditors or purchasers. Every instrument 
 required by the provisions of this act, to be subscribed by any party, may be 
 subscribed by the lawful agent of svich party. 
 
 Garnishment. — All property of every kind or description may be taken or 
 garnished by serving the person with a copy of the writ of attachment or 
 execution, with a notice that all property, 'money belonging to or debts 
 due from such person or corporation, inuring to the defendant are attached by 
 virtue of said writ. 
 
 Grace. — No days of grace in this territory. 
 
 Homestead. — {See Exemptions.) 
 
 Insolvent Laws.— None. 
 
 Interest. — Statutory rate, ten per cent. No usui-y law ; any rate agreed 
 upon, legal. 
 
 Justices of the Peace. — {l^se Co^irts.) — For jurisdiction can take acknowl- 
 edgments of all deeds and other instruments in their counties. 
 
 • Judgments. — In district court, lien on all real property in county where ren- 
 dered, from time of dobketing, and so continues for five years. Lien may be 
 extended to other counties by filing transcript with county recorder of such 
 counties. By filing transcript of judgment of justices' court in clerk's office 
 of district court, same becomes a lien on real estate from date of filing. 
 
 [Utah 11.]
 
 X'TAH TERRITORY. 785 
 
 Landlord and Tenant. —No special laws on the subject. 
 
 Leases.— Leases lor a longer time than one year, must be oy deed duly 
 signed and acknowledged as other conveyances. 
 
 Liens. — Judgments of district court from time of docketing, are liens on 
 real estate in the district, and holds good for five years. Justices' judgment 
 may be a lien by filing transcript in district clerk's office. Mechanics and 
 others upon real property ; every person performing labor upon or furnishing 
 materials to be used in the construction, alteration, or repair of any mining 
 claim, building wharf, bridge, ditch, flume, tmmel, fence, machinery, rail- 
 road, wagon road, aqueduct, to create hydraulic power, or any other struct- 
 ure, or who perfomis labor in any mining claim, has a lien upon the same for 
 such labor, etc., whether done or furnished at the instance of the owner or his 
 agent, but the aggregate amount of such liens must not exceed the amount 
 which the owner would be otherwise liable for. 
 
 Any sub-contractor, material man or other persons performing labor or 
 furnishing materials for a contractor, who is entitled to a lien, may within 
 five days after commencing to perform the labor or funiish the material, by 
 giving written notice to the owner or his agent, or the person employing the 
 contractor, of the amount due him, etc, may have a lien for such amount. 
 And any person furnishing materials, or performing labor for a contractor, 
 may by like notice to the contractor be subrogated to the rights of such sub- 
 contractor. 
 
 A person who at the request of the owner of any lot in any incorjjorated city 
 or town, grades or othei-wise improves the same, or the street in front of or 
 adjoining the same, has a lien thereon. 
 
 The land and so much as may be necessary for the convenient use, is sub- 
 ject to the lien. 
 
 These liens take precedence over all others created subsequent to the com- 
 mencement of the building improvement or structure was commenced, work 
 done, or the materials were commenced to be furnished. 
 
 Every original contractor, within sixty days after the completion of his 
 contract, and every person save the original contractor, claiming the benefit 
 of this chapter, must within thirty days after the completion of any build- 
 ing, improvement, stracturc, or the completion of the alteration or repairs 
 thereof, or the performance of any labor in a mining claim, file for record 
 with the county recorder of the county in which such property or some part 
 thereof is situated, a claim containing a statement of his demand, witli the 
 name of the owner or reputed owner if known, the name of the person by 
 whom he was employed, or to whom he furnished the material, with a state- 
 ment of the terms, time given and conditions of his contract, and a discrip- 
 tion of the property to be charged with the lien, and which must be verified 
 by the oath of himself or some other person. The recorder must record the 
 claim. The lien is oidy good for ninety days after filing, unless proceedings 
 are commenced within that time to enforce same, or if a credit be given with- 
 in ninety days after the expiration of such credit, but no lien continues long- 
 er than two years from the time work is completed. 
 
 Limitations. — For the reccjvery of real estate, seven years. An action 
 u])on a judgment or a decree of any court of the United States or any state 
 or territory within the United States five years, also an action for the mesne 
 profits of real property. 
 
 An action upon any contract, obligation or liability founded upon an in- 
 strument of writing otlier than those above mentioned, four ycdrs. 
 
 An action for a liability created by statute, other than a penalty or for- 
 feiture, for trespass upon real property, an action for taking, detaining, or . 
 injuring any goods or chattels, including actions for the specific recovery of 
 personal property, an action for relief on the ground of fraud or mistake, 
 the cause of action in such case not to be deemed to have accrued until the 
 discovery of the facts constituting the fraud or mistake, Avithin t/iree years. 
 [Utah 12.1
 
 786 UTAH TEEEITORY. 
 
 Within two year's. — 1st. Au action upon a contract, obligation or liability, 
 not founded upon an instrument of writing, also upon an open account for 
 goods, wares and merchandise and for any article charged in a store account ; 
 promded, that action in such case may be commenced at any time within two 
 years after the last charge is made or the last payment is received ; 2nd. Au 
 action against a marshal, sheriff, coroner or constable for the doing, or 
 neo-lecting to do, an act in his official capacity and in virtue of his ofiice. Said 
 action may be commenced within two years after the expiration of the term 
 of office. Bvit this shall not apply to au action for an escape. 
 
 WitJiin one year. — An action upon a statute for a penalty or forfeiture ; an 
 action upon a statute, or undertaking for forfeiture to the people, for libel, 
 slander, assault, battery, false imprisonment or seduction ; an action against 
 an officer for escape of prisoner; an action against a municipal corporation 
 for injuries caused to property by a mob or riot. 
 
 Within six ononths. — An action against an officer or officers de facto, to re- 
 cover any goods, etc., or other property seized by any such officer in his official 
 capacity, as tax collector, or to recover the price or value of any goods, etc,, 
 or other personal property so seized or for damages for the seizure, detention 
 or sale of, or injury to any goods, etc., or other personal property seized, or 
 for damages done to any person or property in making any such seizure. 
 For money i^aid to any such officer, luider protest or seized by such officer in 
 his official capacity, as a tax collector, and which it is claimed ought to be 
 refunded. 
 
 An action brought to recover upon a mutual, open and current account, 
 where there have been reciprocal demands between parties, the cause of ac- 
 tion shall be deemed to have accrued/rom the time of the last item proved In 
 the account on either side. 
 
 An action for relief not hereinbefore provided for, must be commenced 
 within four years after cause of action shall have accrued. 
 
 To actions brought to recover usury or other property, deposited with any 
 bank, banker, trust company or savings or loan society, there is no limitation. 
 
 All acknowledgments to revive or prevent a debt being barred must be in 
 writing, signed by the person to be charged, etc. 
 
 Limited Partnership. — Two or more persons may form for mining, mer- 
 cantile, mechanical, or maiuifacturing business. Cannot be so formed for 
 banking or effecting insurance. 
 
 The partnership may consist of one or more persons who shall be called 
 general partners, and shall be jointly and severally responsible as general 
 partners now are by law, and one or more who shall contribute in actual cash 
 payments, or in real or personal property a specific sum as capital to common 
 stock, who shall be called special partners, and who shall not be liable for the 
 debts of the firm, further than capital put in. General partners only shall be 
 authorized to transact business, and sign for firm, and bind same. Such 
 partnership is formed by the signing a certificate, which must contain 1st. 
 The name of the firm ; 2d. The general nature of the business to be trans- 
 acted ; 3d. The names of all the partners, designating which are general and 
 which special, with their respective places of residence ; 4th. The amount of 
 capital, in money or in property, contributed by each special partner ; and 
 5th. The time at which the partnership is to commence, and period at which 
 it shall terminate. The certificate must be acknowledged by the members of 
 the firm, before any officer authorized to take acknowledgments of deeds, and 
 in the same manner as conveyances of real estate; this must be filed and re- 
 corded in the county where the principal place of business is carried on. If a 
 place of business is in more than one county, a certified copy from records 
 where first recorded must be recorded in each county where business is car- 
 ried on. At time of filing for record the original, an affidavit of at least one 
 of the general partners shall also be filed stating that the sums specified in 
 the certificate, or value thereof in property, have been contributed and act- 
 ually paid in by each of the special partners. If any false statements are 
 
 lUtah 13. J
 
 UTAH TERRITORY. 787 
 
 made in the certificate or affiilavit, all the persons interested in such partner- 
 ship shall be liable as general partners. 
 
 Married Women. — Can hold separate from control of husband all prop- 
 erty owned at time of marriage, and that acquired aftenvards. by purchase, 
 gift, bequest, devise, or descent, with the rents, issues and profits thereof, are 
 her separate property, can sue aud be sued without joining husband. No 
 dower allowed in this territory 
 
 Mechanics' Liens. — {See Liens.) 
 
 Minors. — The father, natural guardian, and if dead, the mother, unless 
 guardian appointed by father by will, and in the absence of appointment by 
 father or mother, both being dead, probate court appoints. 
 
 If the minor has property devised from other sources than a parent, the 
 probate court has the right to appoint and may appoint father or mother, if 
 suitable person, or may appoint any other suitable person. 
 
 If the minor be over fourteen years of age, may select a guardian subject 
 to the approval of the probate court. 
 
 Males arrive at the age of maturity at twenty-one, and females at eighteen, 
 but all minors are considered of age when married. 
 
 A minor is bound, not only by contracts for necessaries, but also by his 
 other contracts, unless he disaffirms them within a reasonable time after he 
 attains his majority, and restores to the other party all money or property 
 received by him, by virtue of said contract, and remaining within his con- 
 trol at any time after attaining his majority. No contract can be thus dis- 
 affirmed in cases where an account of the minor's own misrepresentations as 
 to his majority, or from his having engaged in business as adult, the other 
 party had good reason to believe the minor capable of contracting. When a 
 contract for personal service has been made with a minor alone, and those 
 sei-vices are afterwards performed, payment made therefor to such minor, in 
 accordance with the terms of this contract, is a full satisfaction for those ser- 
 vices, and the parent or guardian cannot recover therefor a second time. 
 
 Mortgages of Real Estate.— Must be made and acknowedged, etc., as 
 conveyances, (wiiich see) only considered liens, and no title passes until fore- 
 closed, and as sale made by officer. 
 
 Notes or Bills of Exchange. — Is a written promise or request to pay a cer- 
 tain sum of money to order or bearer, must be made payable in money only, 
 and without any condition not certain of fulfillment. Person to whose order 
 made payable, must be ascertainable at time instrument is made. May give to 
 payee an option between the payment of the sum specified therein, and the 
 performance of another act, but as to the latter, the instrument is not within 
 the provisions of this act ; may be with or without date, and with or without 
 designation of time or place of payment ; may contain a pledge of collateral 
 security with authority to dispose thereof, but must not contain any other 
 contract than such as is specified in the above statement. 
 
 There are six classes of negotiable instruments, namely, 1st. Bills of ex- 
 change ; 2d. Promissory notes ; 3d. Banknotes; 4th. Checks; 5th. Bonds; 
 6th. Certificates of deposit. 
 
 Oaths and Affidavits.— (<See Affidavits. )— Parties may swear or affinn. 
 
 Partnerships.— (6'e<3 Limited Partner sJiip.) — No other law on subject. 
 
 Proof of Claims. — If not founded on a written promise to pay, claims must 
 be proven by oral testimony in open court, or by deposition duly taken on no- 
 tice ; except that in courts of record, if the defendant makes default, judg- 
 ment may be entered as a matter of course, without testimony, aud as if con- 
 fessed. (See Claims against Estates a7id Practice.) 
 [Utah 14.]
 
 788 UTAH TERRITORY. 
 
 Recording. — All conveyances, mortgages, leases for a longer time tlian one 
 year, mechanics audjaborer's liens, as also chattel mortgages, must be record- 
 ed in office of county recorder. 
 
 Redemption. — From all sales of real property made by officer on execution' 
 or order of sale upon foreclosure, there is a redemption, by the defendant or 
 his successor in interest, within six months ; also a judgment creditor^having 
 a lien, or a mortgagor. Either of the above parties may redeem -within 
 six months, by paying to the purchaser or officer making the sale, the amount 
 of the purchase, with six per cent, thereon, together with the amount of any 
 assessment or taxes with six per cent, interest thereon. If property be so 
 redeemed, another redemptioner may redeem within sixty days and so on by 
 others. 
 
 Replevin. — Personal property may be replevied at the time of issuing the 
 summons, or at any time before answer, upon filing requisite affidavit and 
 undertaking with two or more sureties in double the value of the property. 
 
 At any time before the delivery of the property to the plantitf the defend- 
 ant may require a return upon giving a like undertaking in double the value 
 of the property, with like sureties. 
 
 The sureties need not be the owners of real estate ; they may be house- 
 holders only ; but they must annex to or file with the undertaking an affidavit 
 of their qualification in substance the same as with an undertaking for arrest. 
 (See Arrest.) An affidavit must be made by the plaintiff, or by his attorney 
 or by some other person on plantift''s behalf, showing : 1st. That the plaintiff 
 is the owner of the property claimed, particularly describing it, oris lawfully 
 entitled to the possession thereof; 2nd. That the property is Avrongfully de- 
 tained by the defendant ; 3rd. The alleged cause of the detention thereof 
 according to his best knowledge, information, and belief; 4th. That the 
 same has not been taken for a tax, assessment, or fine, pursuant to a statute, 
 or seized under an execution or an attachment against the property of the 
 ijlaintiff, or, if so seized, that the property is by statute exempt from such 
 seizure ; and 5th. The actvial value of the property. 
 
 Reports, Judicial. — There have been published thi'ee volumes of judicial 
 reports, entitled Utah reports, being reports of the decisions of the territorial 
 supreme court. 
 
 Revision. — In 1876 the laws were compiled, and are known as the compiled 
 laws of Utah ; since then there have been four sessions of the legislative 
 assembly, to wit : in the years 1878, 1880, 1882, and 1884, and these are con- 
 tained in a volume for each year. The criminal practice act was adopted in 
 1878, but has been extensively amended by the act of 1884. 
 
 The civil procedure, procedure of probate courts, procedure in justices' 
 courts, and the administration of decedent's estates have been revised by the 
 several acts of 1884. 
 
 Revenue. — There are annual taxes levied by statute as follows : Three 
 mills on the dollar for territorial purposes, and three mills on the dollar for 
 the benefit of district schools. There may also be levied such sum as the 
 county courts of the several counties may designate for county purposes, not 
 to exceed six mills on the dollar. Assessment is to be made as of April 1st, 
 each year. Debts are deducted from taxable credits. Taxes attach to and 
 constitute a lien on the property assessed from the day of assessment. A tax 
 on personal property is a lien on the tax-payer's real estate. All territo- 
 rial, school and county taxes become due on the 1st of July, annually, and 
 become delinqvient on the 31st day of October. When delinquent, the col- 
 lector may levy on enough personal property, or, in default of that, on real 
 estate to satisfy the same ; and shall sell the property levied upon, on notice 
 of not less than ten nor more than foity days. 
 
 jUtah 15.]
 
 UTAH TERRITORY. 789 
 
 The property of nou-rcsideuts cannot be sold for taxes without publishtnsf 
 the notice of sale, at least five times in some newspa])er published in the ter- 
 ritory, commencing twenty days at least previous to the sale. 
 
 Revivor. — Xo special legislation on the subject. 
 
 Seal. — A scroll is good to any instrument requiring a seal. 
 
 Security for Costs. — Can only be required where plaintiff is a non-resi- 
 dent. No special form necessary. If required, all proceedings stayed until 
 security given, which must be done within thirty days, or case can be dismissed. 
 (See California forms for undertaking generally, same as Utah.) 
 
 Stay of Execution. — Not allowed except on appeal, by giving undertaking 
 in tlouble amount of judgment and costs. 
 
 Suits. — All suits commenced by complaint. All distinction between law 
 and equity abolished. 
 
 Supplementary Proceeding. — When execution has been returned unsatis- 
 fied in whole or in part, the plaintiff is entitled to an order of the judge of the 
 c(mrt for the api^earauce and examination of the judgment debtor ; or a like 
 order may be obtained at any time after issuing execution, on satisfying the 
 judge of the court, by affidavit or otherwise, that the judgment debtor has 
 jjroperty which he unjustly refuses to apply toward satisfaction of the judg- 
 ment. If any property is thus discovered in the debtor's or any other per- 
 son's possession, it may be levied on and applied in satisfaction. 
 
 Taxes. — (^See Revenue.) 
 
 Trust Deeds. — No legislation on trust deeds. — {See Mortgages.) 
 
 Usury. — No usury laws. — {See Interest.) 
 
 Wills. — Any person of the age of eighteen years, and of sound mind, may 
 dispose of his or her property, personal and real, by will. A will must be in 
 writing, subscribed by the testator, and attested by at least two witnesses in 
 the presence of the testator, and of each other. All wills executed according 
 to the law of the state or country where made may be admitted to i)robate 
 here. 
 
 Married women may make wills as if sole. 
 
 Nuncupative wills are good to the amount of one thousand dollars, if proved 
 by two witnesses, within six months after decedent's death, and if he was in 
 expectation of immediate death from an injury or casualty happening within 
 twenty-four hours previous to the making of the will. 
 
 Witnesses.— ((See Evidence.) 
 
 [Utah !6.]
 
 790 
 
 UTAH TERRITORY. 
 
 ATTORNEYS IN UTAH TERRITORY. 
 
 Bold Face Type denotes county seats. A dash (— ) less than 100 population. 
 Figures after names when admitted to the Bar. A star (*) Notaries Public. 
 A double dagger (t) our Compiler of Laws. 
 A dagger (f) former recommendations withdrawn. 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. POPULA'n. 
 
 Ashley 
 
 Uintah 
 
 Wm. Ashton. 
 
 600 
 
 Beaver 
 
 Beaver 
 
 P. Denney. 
 
 i,8oa 
 
 Bluff 
 
 San Juan 
 
 {See Panquitch.') 
 
 107 
 
 Box Elder 
 
 Box Elder 
 
 A. Snow, 
 
 1,877 
 
 Coalville 
 
 Summit 
 
 Hon. A. Eldridge. 
 
 150 
 
 Ephraim 
 
 San Pete 
 
 Hon. P. McFarlan. 
 
 1,900 
 
 Farmington 
 
 Davis 
 
 J. T. Smith. 
 
 500 
 
 Fillmore 
 
 Millard 
 
 W. H. King. 
 
 1,000 
 
 Heber 
 
 Wasatch 
 
 John Duncan. 
 
 1,200 
 
 Huntington 
 
 Emery 
 
 Wm. Howard. 
 
 1.100 
 
 Junction 
 
 Pi Ute 
 
 {See Beaver.) 
 
 lOO 
 
 Kanab 
 
 Kane 
 
 A. W. Brown. 
 
 1,200 
 
 Kaysville 
 
 Davis 
 
 Joseph Barton. 
 
 1,800 
 
 Logan 
 
 Cache 
 
 Chas. Frank. 
 
 5,000 
 
 Manti 
 
 San Pete 
 
 Wm. T. Reid. 
 
 2,000 
 
 Morgan 
 
 Morgan 
 
 Samuel Francis. 
 
 600 
 
 Nephi 
 
 Juab 
 
 Hon. A. Hague. 
 
 2,000 
 
 Ogden City 
 
 Weber 
 
 R. K. Williams. 
 
 7,000 
 
 Panguitcb 
 
 Garfield 
 
 J. F. Chidester. 
 
 500 
 
 Park City. 
 
 Stimmit 
 
 F. E. James. 
 
 3,000 
 
 Parowan 
 
 Iron 
 
 John W. Brown. 
 
 900 
 
 Provo City 
 
 Utah; 
 
 Booth & Brown. 
 
 5,000 
 
 Randolpb 
 
 Rich 
 
 W. K. Walton. 
 
 263 
 
 Eichfield 
 
 Sevier 
 
 W. G. Baker. 
 
 1,800 
 
 Saint George 
 
 Washington 
 
 J. M. McFarland. 
 ( X Theodore Burmester, 
 
 1,332 
 
 Salt Lake City 
 
 Salt Lake 
 
 \ 168 Main Street. 
 ( See Card in Apj^s'idix, page xxv. 
 
 20,76S 
 
 Spriii};- City 
 
 San Pete 
 
 J. Johnson. 
 
 2,300 
 
 Tooeie 
 
 Tooele 
 
 
 918
 
 UTAH TERRITORY. 
 
 791 
 
 BANKS IN UTAH TERRITORY. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital of one 
 bank in each county of this territory in which such a banking institution is located. 
 
 PLACE. NAME OF BAMK. 
 
 Corinne J W Guthrie 
 
 T „ ,„., r';*^ , S Charles Frmk 
 Logan City J Thatoher Bros & Co 
 
 C Commercial Nat Bank 
 Ogden City } First National Bank 
 
 ( Utah National Bank* 
 Park City Park City Bank 
 
 Provo City First National Bank 
 
 Rifhfield James M Peterson 
 
 C Deseret National Bank 
 Salt Lake City < Union National Bank 
 
 ( Zion's Sav'gs Bk .fc Trust Co T 
 
 
 
 PAID UP 
 
 
 CASHIER. 
 
 CAPITAL. 
 
 R. 
 
 S. Guthrie. 
 
 8 50,000 
 5,000 
 
 H. 
 
 E. Hatch. 
 
 73,000 
 
 O. 
 
 E. Hill. 
 
 150,000 
 
 H. 
 
 . S. Young. 
 
 100,000 
 
 L. 
 
 B. Adams. 
 
 100,000 
 
 A. 
 
 B. Richardson. 
 
 30,000 
 
 W 
 
 . H. Dusenberry. 
 
 50,000 
 14,000 
 
 L. 
 
 S. Hills. 
 
 200,000 
 
 B. 
 
 G. Raybould. 
 
 200,000 
 
 T. 
 
 G. Webber. 
 
 50,000
 
 STATE OF 
 
 VKRIVIONTT. 
 
 Sr.M>[AKY OF 
 
 Collection Laws. 
 
 CouKT Calendar, Insthvctions for taking Depositions, Legal Forms, Etc. 
 
 Expressly Prepared and Revised to Nov. 1st, 1S87, for "Showers' 
 
 Legal Directory and Merchants' Guide," for 188S. by 
 
 T. J. Deavitt, of the Montpelier Bar. 
 
 Acknowledgments. — All deeds must be signed and sealed in tlie presence 
 of two witnesses. Tliey may be acknowledged in tliis state before a justice 
 of the peace, notary public, master in chancery, or town cleik. Outside the 
 state, before a justice, notary public, or commissioner i'or Vermont, or any 
 other officer authorized by the laws of such other state to take acknowledg- 
 ments of deeds. 
 
 Actions — Are such as are recognized by the common law. Suits before 
 the supreme or county courts must be brought in the county in which one of 
 the parties resides, if either live in the state ; if neither reside in the state, 
 then in any county ; but actions of ejectment and trespass on the freehold 
 must be brought in the county where the land lies. Replevin is to l)e brought 
 in the county where the goods are detained. Suits before a justice of the 
 peace must ordinarily be brought in the town where one of the parties 
 resides ; if neither live in the state, then in any town. 
 
 Writs returnable before county court must l)e served at least twelve days 
 before the commencement of the term to whicli they are returnable. Before 
 a justice, they must be served at least six days before the return day, except 
 when served in another county, then at least twelve days prior to return day; 
 and if defendant is properly notified, judgment may be rendered on the return 
 day, if no defense is interposed. Writs against corporations must be served 
 at least thirty days before return day, except when corporations are sum- 
 moned as trustees or garnishees. 
 
 Suits are commenced by writs of summons or attachment, as the plaintiff" 
 prefers. There is no distinction between residents and non-residents, either 
 plaintiff" or defendant, in respect to the right of, or liability to, an attachment 
 of property on mesne process. The declaration is contained in the writ. 
 Security for costs to the defendants, given by way of recognizance by some 
 other person than the plaintiff", mvist accompany eveiy writ. 
 
 Affidavits — May be made before any officer authorized to administer 
 oaths. No particular form is required. 
 
 Aliens. — No court shall naturalize an alien, except upon proceeding and 
 examination and oath of the applicant in ojien court, before a judge thereof, 
 at a regular term of the court holden in the county wliere the applicant 
 resides and has I'esided one year next previous to the date of his ap])lication.
 
 VERMONT. 793 
 
 A clerk or judge of a court who issues a certificate of naturalization to an 
 alien except upon such proceedings, examination and oath, and upon proof 
 of such residence, sliall be tined SIOO. 
 
 Aliens are taxed the same as citizens. 
 
 Appeals. — Where an appeal is given in a civil or criminal matter, to any 
 court, it shall be to the stated term to be holden next after the appeal is 
 taken. 
 
 An appeal from the judgment of a justice, in a civil cause, to the county 
 court, may be taken by either party, if claimed witliin two liours after the 
 rendition thereof. The party appealing is required, at the time of taking the 
 appeal, to give security, by way of recognizance to the adverse party that he 
 will prosecute his appeal and answer and pay the intervening damages and 
 costs if judgment is affirmed, but no appeal is allowed in either of tlie follow- 
 ing cases: 1st. When a judgment is rendeiX'd by non- suit or default. 2d. 
 In actions on notes and accounts stated, not exceeding forty dollars in 
 amount ; but appeal will be allowed a party in an action on notes etc., when 
 the ad damnum exceeds twenty dollars, who shall make an affidavit within 
 two hours, that he has a good defence or cause of action. 3d. In actions in 
 which neither the ad damnum in the plaintiffs writ, nor the sum demanded 
 by the declaration, nor the specifications or exhibits of the plaintiff on trial 
 shall exceed twenty dollars ; actions of assumpsit to recover a balance 
 due on account, when the balance claimed does not exceed twenty dollars, 
 provided, however, that an appeal shall be allowed in actions by one town 
 against another for the support of paupers, actions for fine or penalty, actions 
 for trespass on the freehold, actions wliere the defendant pleads in oftset de- 
 mands exceeding twenty dollars, and shall file with the justice, within two 
 hours of the rendition of judgment an affidavit setting forth that said plea 
 is made in good faith, and such ott'set has not been allowed him by the plain- 
 tiff in his specifications ; actions of assumpsit to recover a balance due on 
 account, when the defendant shall file an affidavit with the justice, as above 
 required, setting forth that he has a good defence to more than twenty dol- 
 lars of the plaintitt"s account ; of a court, civil or military, in excuse or jus- 
 tification ; actions where the defendant, in good faith, pleads in excuse or 
 justification, that he was acting as a public officer ; actions where a tax or 
 tax-bill or warrant is, in good faith, put in issue by the pleadings or by the 
 proof; actions for the recovery of a subscription to the capital stock of a cor- 
 poration. 
 
 A respondent is entitled to an appeal from a justice court, although he 
 neglects to procure bail, but will be held in custody for his appearance at court. 
 
 Such apiJeals in civil cases do not vacate the judgment until entered in the 
 appellate court. If the appellant fails to enter the appeal in county court, 
 the justice, after the adjournment of such court, may issue execution the 
 same as if no api)eal had been taken. 
 
 A person interested in an order, sentence, decree, or denial of a probate 
 court, may appeal therefrom to the county court. An executor, administra- 
 tor, or creditor may appeal from the decision and report of the commissioners 
 to the county court, if application therefor is made in writing within twenty 
 days. No appeal is allowed from the action of the commissioners when the 
 claim allowed or disallowed is less than twenty dollars. Before an appeal is 
 allowed, the person appealing is required to give a bond to the court, with 
 condition that he will prosecute the appeal and pay the intervening damages 
 and costs occasioned by such appeal. 
 
 Arrest. — No citizen of the United States can be arrested by virtue of any 
 mesne process, founded on a contract, unless the creditor files an affidavit 
 with the person authorized to issue the writ, showing that he has good 
 reason to believe, and does believe, that the defendant is about to abscond or 
 remove from the state, and has secreted about his person or elsewhere, 
 money or other property to an amount exceeding twenty dollars, or sufficient 
 to satisfv the demand of such creditor against him. or that the deV>tor ne-
 
 794 VERMONT. 
 
 gleets or refuses to pay over money which he holds for the plaintiff in a fidu- 
 ciary capacity, although demand has been made upon him therefor. 
 
 In all actions of tort, an attachment will issue against the body of the de- 
 ponent, as a mesne or original process, where the debtor has not sufficient 
 goods and chattels to answer the amount stated in the writ. 
 
 Assignments and Insolvency. — There is an insolvent law (passed in 
 1876), but its provisions are of no effect as regards non-resident creditors. 
 The probate courts have jurisdiction in insolvency. All assignments must, 
 be for the benefit of all creditors. Non-i'esident creditoi's can prove their 
 claims and take their dividends, but the discharge would be of no effect out- 
 side of this state. 
 
 Attachment. — Defendant's property, both real and personal, is liable to 
 attachment on mesne process in all forms of action, and may be held to re- 
 spond to final judgment and executions. 
 
 Banks. — The national banks are the only banks of circulation in this state. 
 Savings banks and trust companies receive deposits and make loans. A law 
 exists authorizing the organization of state banks of circulation, but no suck 
 banks at present exist. 
 
 Deposits in savings banks to the amount of 81,500 is exempt from taxa- 
 tion to the depositor. Four per cent, is the usual rate of interest paid de- 
 positors by savings banks. 
 
 Chattel Mortgages — May be made of all personal jjroperty. To be valid, 
 the mortgage must be recorded in the town clerk's office, of the town in 
 which the mortgagor resides at the time of his making the same, or if he re- 
 sides out of this state, in the town in which the property is situated. 
 
 There must be attached to and recorded with the mortgage an affidavit, 
 signed and sworn to by the mortgagor and mortgagee, stating that the debt 
 secured is a just one, and honestly owing, and that the mortgage is given to 
 secure the same. 
 
 Claims against Decedents' Estates. — All claims against an estate must 
 be presented to the commissioners who are appointed by the probate court 
 for the district where the deceased resided at the date of his death, within 
 six months from the appointment of such commissioners. If such commis- 
 sioners disallow a claim of more than twenty dollars, the claimant may ap- 
 peal to the county court, if he makes ajiplication therefor in writing and files 
 a bond for security for costs with tTie register of probate, within twenty days 
 from the time the commissioners file their report in the probate court. 
 
 Conditional Sales of Personal Property.— ('S'ee Liens.) 
 
 Corporations — May be formed by special charter, or by the general laws 
 of the state. 
 
 Costs, Security for. — No writ, summons or attachment i-equiring a per- 
 son to appear and answer before a court, shall be issued unless sufficient 
 security is given to the defendant, by way of recognizance, by some person 
 other than the plaintiff', to the satisfaction of the authority signing such writ, 
 that the plaintiff' will prosecute his writ to effect ; and answer the damages 
 if judgment is rendered against him ; a minute of which recognizance, 
 with the name of the surety and the sum in which he is bound, shall 
 be made upon the writ, at the time of signing the same, and signed by such 
 authority ; and if a writ is otherwise issued, the same on motion, will abate. 
 
 Courts. — Terms and Jurisdiction of : 
 
 Justices of the peace have jurisdiction to the amount of $200, except slander, 
 trespass to freehold above twenty dollars, and when the title of land is con-
 
 VEEMONT. 
 
 795 
 
 cenied, and some other exceptions of minor consequence, and from justice's 
 judgment party may appeal to county court. 
 
 County Courts. — There are two sessions in each county each year. The 
 judges consist of one supreme court judge and tvro assistants in eacli county, 
 which has jurisdiction of all matters appealed from justices' courts, and 
 original jurisdiction when the matter in demand exceeds $200. 
 
 Supreme court consists of seven judges, one chief and six assistants, and 
 holds one term each year in each of the counties, and one general term for 
 the state. 
 
 Court Calendar.— 
 
 December, 1SS7 to December, 1SS8. 
 
 December 6. 
 
 6. 
 
 6. 
 
 6. 
 
 13. 
 
 20. 
 
 January 3. 
 
 12. 
 
 " 17. 
 
 23. 
 
 26. 
 
 February 7. 
 
 14. 
 
 21. 
 
 21. 
 
 28. 
 
 March 13. 
 
 13. 
 
 13. 
 
 20. 
 
 April 3. 
 
 Bennington, County Court. 
 Caledonia, County Court. 
 Lamoille, County Court. 
 Windsor, Couuty Court. 
 Addison, County Court. 
 Orange, County Court. 
 Chittenden, Supreme Court. 
 Franklin, Supreme Court. 
 Grand Isle, Supreme Court. 
 Addison Supreme Court. 
 Rutland, Supreme Court. 
 Orleans, Couuty Court. 
 Bennington, Supreme Court. 
 Windham, Supreme Court. 
 Grand Isle, County Court. 
 Windsor, Supreme Court. 
 Rutland, County Court. 
 Washington, County Court. 
 Windham, County Court. 
 Essex, County Court. 
 Chittenden, County Court. 
 
 April 10. Franklin, County Court. 
 
 " 24. Lamoille, County Court. 
 
 May 1. Orange, Supreme Court. 
 
 " 8. Caledonia, Supreme Court. 
 
 " 15. Washington, Supreme Court. 
 
 " 22. Windsor, County Court. 
 
 " 22. Orleans, Supreme Court. 
 
 June 5. Orange, County Court. 
 
 " 5. Addison, County Court. 
 
 " 5. Bennington, County Court, 
 
 " 5. Caledonia, County Court. 
 August 14. Lamoille, Supreme Court. 
 
 " 21. Essex, Supreme Court. 
 
 " 28. Grand Isle, County Court. 
 
 Sept. 5. Orlean.s, County Court. 
 
 " 11. Rutland, County Court. 
 
 " 11. Windham, County Court. 
 
 " 11. Franklin, County Court. 
 
 " 11. Washington, County Court, 
 
 " 18. Essex, County Court. 
 
 " 18. Chittenden, County Court. 
 
 Curtesy, — When a man and his wife are seized, in her right, of real estate 
 in fee simple, and have issue born alive, which might inherit the same, and 
 the wife dies, the husband shall hold such estate during his life as tenant by 
 the curtesy. The husband's right is limited to fee simple estate. 
 
 Deeds — Must be signed and sealed by the maker in the presence of two 
 subscribing witnesses, and acknowledged before an officer authorized to ad- 
 minister an oath, and the official before whom a deed is acknowledged must 
 add his certificate of the same — and record at length in the clerk's office of 
 the town in which such lands lie. The wife joins with husband only when 
 the homestead is conveyed. The husband must join with the wife to convey 
 her land. When a wife joins in a deed, it is not necessary for her to have a 
 separate examination. 
 
 Deeds and other conveyances, and powers of attorney for the conveyance 
 of lands, the acknowledgment or proof of which is taken outside the state, if 
 certified agreeably to the laws of the state, province or kingdom in which 
 such acknowledgment or proof is. taken. 
 
 Descent and Distribution. — The real estate of a deceased person descends- 
 as follows : 1st. In eqital shares to the children, aud the legal representa- 
 tives of diseased children. 2d. If the deceased is a married person and leaves 
 no issue, the surviving husband or wife, as the case may be, if the husband 
 does not elect to take the tenancy by the curtesy, or the wife dies not elect 
 to take dower, shall be entitled to the whole estate if it does not exceed 
 $2,000, but if it exceeds that sum, then the survivor shall be entitled to $2,000 
 and one-half of the remainder of said estate ; and the remaining part shall 
 descend as the whole would if the husband or wife had not survived ; and 
 where no kindred, who by law may inherit, sitrvive the husband or wife, as 
 the case may be, is entitled to the whole. 3d. If the deceased leaves no issue, 
 nor hixsband or wife, the estate descends to the father. 4th. If no issue, nor
 
 796 VERMONT. 
 
 wife, nor husband, nor father are left, the estate descends hi equal shares to 
 tlie brothers and sisters, and to the legal representatives of a deceased 
 brother or sister ; and if the mother is living she takes the same share as a 
 brotlier or sister. 5th. If none of the relatives above named survives, the 
 estate will descend in equal shares to the next of kin in equal degree ; but no 
 person shall be entitled, by right of representation, to the share of such next 
 of kin who has died. The degrees of kindred are computed according to the 
 rules of the civil law. and the half blood inherit equally with those of the 
 whole blood, in the same degree. 
 
 Depositions. — Justices may take depositions of a witness out of court : 
 1st. When such witness resides more than thirty miles from the place of trial. 
 2ud, When he is going out of the state not to return before the time of trial. 
 3d. When by reason of age, sickness, or other bodily infirmity, he is rendered 
 incapable of travelling and appearing at court. 4th. When be resides out of 
 the state. .5th. When he is confined in jail. 6th. When he is a judge of the 
 supreme court and is going out of the county in which he resides, to iierforni 
 his official duties, not to return before the time of trial. 
 
 Depositions may be taken at any resonable time after suit is commenced, 
 in whatever court the suit is pending, or while the suit is on its passage from 
 one court to another. 
 
 A person wishing to take a deposition out of court, shall cause personal 
 notice to be given by the magistrate taking such deposition, to the adverse 
 party, or cause a citation to be served like a writ of suinmons, on the adverse 
 party, or if the adverse party resides out of the state, on his attorney, and 
 shall give tlie party a reasonable time after notice, to be present at the tak- 
 ing thereof. If the adverse party resides out of the state and has no attor- 
 ney, the deposition may be taken without such notice ; but in such cases 
 such testimony must be filed in the court in which the cause is iiending, at 
 least twenty days before trial. 
 
 Forvi of Citation. 
 
 State op Vermont, } 
 County of . ^ ' 
 
 To any sheriff or constable in the state, greeting : 
 
 By the authority of the state of Vermont you are hereby commanded to 
 
 notify A. B. of , in the county of , to appear before , at , on 
 
 the day of , A. D. 18 — , at of the clock, in the noon, to be 
 
 present at the taking of the deposition of C. D., to be used in a cause to be 
 
 heard and tried before court, to be held within and for the county of 
 
 , on the day of next, in which cause , of , is plaintiff, 
 
 and , of , is defendant. 
 
 Fail not, but make service and return according to law. 
 
 Dated at , in the county of , this day of , 18 — . 
 
 (Signed by the magistrate. ) 
 
 Form of Certificate and Caption of Deposition. 
 
 State of , } 
 
 County op . S ' 
 
 At , in the county of , this day of , A. D. 18—, person- 
 ally appeared C. D., and made oath that the foregoing deposition, by him 
 subscribed, contains the whole truth and nothing but the truth. 
 
 Before , justice of the peace, etc. 
 
 The above deposition is taken at the request of A. B., to be used in a cause 
 to be heard and tried by (state court and time, and place of session), in which 
 
 cause is plaintift', "and is defendant. The deponent residing out of 
 
 the state (here insert tlie cause) is the cause of taking the deposition. The 
 adverse party was (or was not) notified, and did (or did not) attend. 
 
 Certified by , magistrate.
 
 VERMONT. 797 
 
 The (k']Kisiti«)u is then to be sealed up, and the following superscription 
 placed on the wrapper : "'The within deposition was taken and sealed up by 
 , justice of the peace " (or other n»agistrate, as the case may be.) 
 
 Divorce. — A divorce from the bond of matrimony may be granted : l.st. 
 For adultery in eitlicr party. 2d. When either party is sentenced to confine- 
 inent to hard labor in state's prison for three years or more, and is actually 
 confined at the time. :3d. For intolerable severity in either party. 4tli. For 
 wilful desertion for three consecutive years, or when either party ha.> been 
 absent for seven years and not heard of durirg that time. 5th. On petition 
 of the wife when the husband, being of sulhcient pecuniary ability to provide 
 suitable maintenance for her, without cause, grossly or wantonly and cruelly 
 refuses or neglects so to do, Xo divorce shall be granted for any cau^,e if 
 the parties never lived together as hasV)and and wife in this state ; nor for a 
 cause which accnicd in another state or country, unless the parties, before 
 such cause accnied, lived together as husband and wife in this state ; nor for 
 a cause which accrued in another state or country, unless one of the parties 
 then lived in this state. 
 
 No divorce shall be granted for any cause unless the libellant has resided 
 in the state one year next preceding the filing of the libel in coixrt. Divorces 
 are granted by the county courts. 
 
 Parties are witnesses in divorce cases. Divorce cases are continued the 
 Term at which they are entered. The party to whom the divorce is granted 
 may marry immediately, but it is unlawful for the guilty party to again 
 marry before three years from the time of granting the divorce. 
 
 Dower. — The widow is entitled to dower, or the use during her natural 
 life, of one-third of the real estate of which her husband died seized in his 
 own right, in the equity of redemption of lands mortgaged by her husband, 
 or held under the mortgagor, and she may pay such part of the amount due 
 on the mortgage, as the probate court judges to be in proportion to hei- in- 
 terest by dower in the premises, and have one-third of the land, as against 
 the administrator, heirs, and creditors of her deceased husband. 
 
 The widow may be barred of her dower in the following ways : 1st. Where 
 a jointure was settled on such widow by her husband or other person, or 
 some pecuniary provision was made for her before her marriage, or after her 
 marriage, with her consent, to have eflt'ect after the death of her husband, and 
 expressed to be in lieu and discharge of her dower. 2d. Where her husband 
 by his last will, made provision for such widow, which in the judgment of 
 the probate court, was intended to be in lieu of dower. 
 
 But the widow may, within eight months after the will of her husband is 
 proved, or in such further time as the court allows, waive the jointure or 
 pecuniary provision made for her in lieu of dower, etc., and take her dower, 
 and notify the court of her election in writing ; and the court will order her 
 dower set out as in other cases. 
 
 Until the dower of the Avidow is set out in the lands of her husband, she 
 may continue to occupy the same, with the children and family of the de- 
 ceased, or may receive one-third of the rents, issues, or profits of siieh lands. 
 
 Executions — Are issued from county courts at the close of term, and from 
 justices" courts immediately after judgment rendered, and are returnable in 
 sixty days. Can only be stayed by order of court. Six months allowed for 
 redenix>tion of real estate levied upon. The land is set-off at a certain value, 
 and becomes plaintitt's if not redeemed in six months. 
 
 Exemptions. — Homestead, !r".")00, necessary wearing apjiarel, household 
 furniture and tools, one cow, one swine, or meat of one swine, ten sheep, 
 either one yoke of oxen or two horses (horses not to exceed in value the sum 
 of $200). as the debtor may select, with forage for one winter; one sleigh, two 
 sets of harness, two halters and some other small articles, ton cords of fire-
 
 798 VEEMONT. 
 
 ■wood or five tons of coal, twenty buslaels of potatoes, the arms used by a 
 soldier in the service of the United States, growing crops, ten bushels of 
 grain, one barrel of flour, two swarms of bees, and their produce in honey, 
 live poultry, not exceeding in value the sum of ten dollars, one two-horse 
 wagon or ox-cart, as the debtor may select, with wififletrees and neck-yoke, 
 two chains, one plow, also a sewing machine, and instruments and libraries 
 of professional men, to the value of 6200. 
 
 False Pretense. — A person who falsely personates or represents another, 
 and in such assu:.-.ied character receives money or other property intended to 
 be delivered to the party so pei'sonated, with intent to convert the same to 
 his own use, shall be punished by imprisonment in states prison, not exceed- 
 ing ten years, or by fine not exceeding $500, or both. 
 
 A person who designedly by false pretences, or by a privy or false token 
 and with intent to defraud, obtains from another money or other property, 
 or a release or discharge of a debt or obligation, or signature of a person to 
 a written instrument, the false making whereof would be punishable as for- 
 gery, shall be imprisoned not to exceed ten years and fined not exceeding 
 §1,000. 
 
 Frauds, Statutes of. — No contract for the sale of goods, &c., for the 
 jjrice of $40 or more is valid unless the purchaser accepts and receives a 
 part of the goods, or gives something in earnest to bind the bargain, or in 
 part payment, or unless some note or memorandum of the bargain is made 
 in writing and signed by the party to be charged thereby, or by some person 
 thereunto by him lawfully authorized. 
 
 No action at law or in equity can be brought upon a special promise of an 
 executor or administrator to answer damages out of his own estate, or upon 
 a special promise to answer for the debt, default or misdoings of another ; 
 or upon an agreement m de upon consideration of marriage ; or upon con- 
 tracts for the sale of lands, or of any interest in the same ; or upon an 
 agreement not to be performed within one year from the making thereof ; 
 unless the promise, contract or agreement upon which such action is 
 brought, or some memorandum or note thereof, is in writing and signed by 
 the party to be charged therewith. 
 
 No action can be brought to charge a person upon, or by reason of, a 
 representation or assurance made concerning the character, conduct, ci'edit, 
 ability, trade or dealings of another person, unless in writing and signed 
 by the party charged thereby. 
 
 Where the performance of a contract is secured by the obligation of a 
 surety, no agreement made between the creditor and the principal debtor 
 for the extension of the time of payment shall have any effects, unless such 
 agreement is made uj)on a valuable consideration and in writing. 
 
 Garnishment. — Actions on contract, actions of account and book account 
 may be commenced by trustee process. 
 
 A person having goods, effects or credits of the defendant, entrusted or 
 deposited in his hands, or which shall come into his hands after the service 
 of the writ and before disclosure is made, may be summoned as a trustee 
 and held to respond to the final judgment in the suit. 
 
 A debt or legacy, due from an execi;toror administrator, and other goods, 
 effects or credits in his hands, may be trusteed. 
 
 Corporations may be summoned as trustees. 
 
 If the plaintiffs debt is less than 810, or if the sum due from the trustee 
 is less than $10, the trustee can not be held. 
 
 Grace. — (See Notes.) 
 
 Interest. — Six per cent. Usurious excess is not collectible, and may be 
 recovered back, though paid voluntarily.
 
 VERMONT. 799 
 
 Justices of the Peace. — (See Courts.) 
 
 Judgments — Do not of themselves create a lien on property not attached 
 upon mesne process. 
 
 Limitation. — Xo acknowledj^inent Nvill prevent the operation of the 
 statute, unless in writing and signed by the party thereby affected. 
 
 Absence from the state of debtor ■will prevent the operation of the statute 
 during such time, if the debtor has no known jjroperty within the state 
 which might be attached by the common process of law. 
 
 Action for glanderous words and libels, two years. Actions for assault 
 and battery and false imprisonment, three years. 
 
 In all actions on debt upon contract, not under seal, excepting debt on 
 judgment ; all actions of debt for rent ; actions of accouAAt, assumpsit, or on 
 the case founded on contract, expressed or implied; actions of trespass upon 
 land ; actions of replevin or other actions for taking, detaining or injuring 
 goods or chattels, and all other actions on the case, except for slanderous 
 words and libel, six years. 
 
 Debt or scire facias upon judgment, and debt on specialties, and actions 
 ■ of covenant, eight years. 
 
 Attested promissory notes, fourteen years. 
 
 An acknowledgment or promise to pay must be in writing, to revive a 
 claim barred by the statute. 
 
 Liens. — The vendor may retain a lien upon any personal property until it 
 is fully paid for by taking a note and lien and having them recorded in the 
 town clerk's office where the vendee resides. Where a party has, in the way 
 of his trade or occupation, bestowed his money, labor or skill upon a chattel 
 in the alteration and improvement of its properties he has a lien upon it for 
 a fair and I'easonable remuneration or for the contract price. 
 
 An attorney has a lien upon all papers of his clients in his hands and upon 
 judgments recovered by him for any general balance due him. 
 
 Mechanics' Lien. — When a contract is made, whether in writing or not, 
 for erecting, repairing or moving a building, or for furnishing labor or 
 materials therefor, the person proceeding in pursuance of such contract 
 shall have a lien to secure the payment of the same upon such building and 
 lot of land on which it stands, for three months from the time payment 
 becomes due for labor or materials. 
 
 A person cutting or drawing logs shall have a lien thereon for his wages 
 for sixty days after the services are performed. 
 
 Employees^ Lien. — If a person or coraiiany is compelled to stop business 
 by reason of attachment upon mesne process and does not resume business 
 within 30 days, and is indebted to an employee for wages, such emi)loyee 
 may attach the property upon his debt and have precedence over jjrior 
 attachments to an amount not exceedihg $50. 
 
 Married Women. — A married woman carrying on busniess in her own 
 name, may sue and be sued in all matters connected with such business, in 
 the same manner as if she were unmarried, and execution may issue against 
 her and be levied on her sole and separate goods, chattels and estates. 
 Property inherited or acquired not liable to husband's debts. 
 
 Any married woman, whose husband shall desert her, or fi-om any cause 
 neglect to provide for his family, may, in her own name, make contracts for 
 her own labor and the labor of her minor children, and, in her own name, 
 sue for and recover her own and their wages. 
 
 Minors. — IMales become of full age at 21 years and females at 18 years. 
 
 Mortgages. — Of real estate must be executed like other deeds and are in 
 foiin a warrantee deed, with a condition that if the mortgagor shall pay or
 
 800 VERMONT. 
 
 p 
 cai;se to be paid the sum specified in the promissory notes described in such 
 condition, then the deed becomes null and void. 
 
 Mortgages are assigned by a delivery of the notes, but to have the assign- 
 ment good against subsequent purchasers and mortgagees without notice, 
 an assignment should be made and recorded in the clerk's office where the 
 deed is recorded. 
 
 Mortgages may be discharged by an entry on the margin of the record 
 thereof, in the records of deeds signed by the mortgagee or his attoi'ney, 
 executor or assignee, acknowledging satisfaction of the mortgage. Mort- 
 gages may also be discharged by the mortgagee, his attorney or assignee, 
 acknowledging payment thereof by an entry on the mortgage deed, signing 
 the same and affixing his seal thereto, in the presence of a witness, which 
 entry, upon being recorded on the margin of the record of such mortgage in 
 the record of deeds will discharge such mortgage and bar all actions 
 brought thereon. 
 
 Mortgages are foreclosed in the court of chancery, and if the security is 
 ample the mortgagor has one year to redeem. If the security is scant a 
 shorter time than one year is fixed by the court. 
 
 Form of Mortgage Deed. 
 
 Know all men hy these presents, That , of , in the county of , 
 
 and state of , in the consideration of dollars paid to full satis- 
 faction by , of , in the county of , and state of , by these 
 
 jiresents, do freely give, grant, sell, convey and confirm unto the said 
 
 and heirs and assigns forever, a certain piece of land in , in the 
 
 county of , and State of Vennont, described as follows, viz. : 
 
 To have and to hold said granted premises, with all the privileges and 
 
 appurtenances thereof, to the said heirs and assigns, to their own use 
 
 and behoof forever ; and the said for and heirs, executors 
 
 and administrators, do covenant with the said heirs and assigns, that 
 
 until the ensealing of these presents the sole owner of the premises, 
 
 and have good right and title to convey the same in manner aforesaid ; that 
 they are free from every encumbrance ; and hereby engage to war- 
 rant and defend the same against all lawful claims whatever, . The 
 
 conditions of this deed are such, &c. Then this deed to become null and 
 void otherwise in force. 
 
 In witness w7iereof, hereunto set hand and seal, this day of 
 
 , A. D. 18—. 
 
 In presence of 
 
 , [L. s.] 
 
 , [L. S.] 
 
 , [L. 8.] 
 
 J , [L. S.] 
 
 State of Vermont, ) 
 
 County. S ' 
 
 At this day of , A. D. 18 — , personally appeared, and 
 
 acknowledged <this instrument, by sealed and subscribed, to be 
 
 free act and deed. 
 
 Before me, . 
 
 Notes and Bills of Exchange — Are governed, ordinarily, by the law 
 merchant. In actions on them between the original pai'ties, partial failure 
 of consideration may be set up as partial defense. They are entitled to 
 three days' grace, unless payable on demand or at sight, or in any way but 
 in money. If the thii'd day falls on a Sunday or a legal holiday, the grace 
 expires on the day previous. Notes payable on demand are considered 
 overdue after sixty days from date. To charge indsorser on stich notes, 
 presentment for payment must be made on or before sixty days fi"om date. 
 No paper is negotiable except such as is so by the general law merchant.
 
 VEBMONT. 801 
 
 Practice. — The common law prevails. 
 Recording. — (.See Deeds.) 
 
 Seal. — The seal to deeds, charters, &c., must be of wax or wafer ; some- 
 thing which may be impressed with an instrument used as and for a seal. 
 
 It has been held by the supreme court of tliis state, that a scroll or circle 
 made with a pen, and the word "seal" written within it, was not a seal, and 
 that an instrument of conveyance with such attachment to the signature 
 was not a deed, it not being sealed. 
 
 Corporations act by their seal, and public documents are evidenced by a 
 seal. In these cases the impression of the seal may be made directly on 
 paper, without the intervention of the wafer or wax, as it is the particular 
 impression made by the stamp which is recognized as the seal. It is the 
 same in notarial seal. 
 
 Where an award, required to be sealed, the arbitrators produced an award 
 signed by each, but with only one seal. The award did not conclude with 
 "witness our hands and seals," &c. The court held, that from its purpose 
 and tenor it was obvious that the arbitrators intended and understood this 
 to be a sealed instrument, and that each had adopted this seal as his own 
 seal. 
 
 Where an instrument is signed by several parties and has but one seal 
 attached, the question whether the one seal was adopted and stands as the 
 seal of each is one of fact, and may be determined from the paper itself and 
 the nature of the transaction. 
 
 Stay of Execution. — (See Execution.) 
 
 Wills — Must be signed by the testator in the presence of three witnesses. 
 The witnesses must see the testator sign, and must witness it in the presence 
 of each other. 
 
 Witnesses. — Parties are witnesses in all civil suits, and the respondents 
 may testify in their own behalf if they choose so to do.
 
 802 
 
 VERMONT. 
 
 ATTORNEYS IN VERMONT. 
 
 Bold Face Type denotes county seats. A dash (— ) less than 100 population. 
 Figures after names when admitted to Bar. A star (*) Notaries Public. 
 A double dagger (t) our Compiler of Laws. 
 A dagger (f) former recommendations withdrawn. 
 
 PLACE, 
 
 COUKTY. 
 
 KAMES OF ATTORNEYS. 
 
 popula'n 
 
 Barre 
 
 Washington 
 
 L. S. Thompson. 
 
 3,500 
 
 Bellows Falls 
 
 Windham 
 
 Z. H. Albee. 
 
 2.229 
 
 Bennington 
 
 Bennington 
 
 T. Sibley. 
 
 6,341 
 
 Brandon 
 
 Rutland 
 
 Ormsbee & Briggs. 
 
 3.500 
 
 Brattleborougli 
 
 Windham 
 
 Waterman & Martin. 
 
 6,000 
 
 Burlington 
 
 Chittenden 
 
 Roberts & Roberts. 
 
 13,000 
 
 Chelsea 
 
 Orange 
 
 J. K. Darling. 
 
 1,600 
 
 Colchester 
 
 Chittenden 
 
 H. F. Wolcott. 
 
 4,421 
 
 Derby 
 
 Orleans 
 
 J. Grout. 
 
 2,548 
 
 Fairfax 
 
 Franklin 
 
 G. Ballard. 
 
 1,820 
 
 Fairfield 
 
 Franklin 
 
 M. S. Gates. 
 
 2,172 
 
 Fair Haven 
 
 Rutland 
 
 C. M. Willard. 
 
 2,500 
 
 Glover 
 
 Orleans 
 
 E. A. Cook. 
 
 1,048 
 
 Guild Hall 
 
 Essex 
 
 C. E. Benton. 
 
 558 
 
 Hardvpick 
 
 Caledonia 
 
 L. D. Hathaway. 
 
 1,500 
 
 Hartford 
 
 Windsor 
 
 Samuel Pengrse. 
 
 2,955 
 
 Highgate 
 
 Franklin 
 
 J. A. Fitch. 
 
 2,089 
 
 Hyde Park 
 
 Lamville 
 
 L. S. Small. 
 
 1,900 
 
 Irasburgh 
 
 Orleans 
 
 L. H. Thompson. 
 
 1,064 
 
 Sericho 
 
 Chittenden 
 
 M. H. Alexander. 
 
 1,687 
 
 Ludlow 
 
 Windsor 
 
 M. C. Goddard. 
 
 2,008 
 
 Lulenburgh 
 
 Essex 
 
 F. D. Hale. 
 
 1,038 
 
 Manchester 
 
 Bennington 
 
 E. B. Burton. 
 
 1,929 
 
 Middleburg 
 
 Addison 
 
 Tupper & Bliss. 
 
 1,834 
 
 Milton 
 
 Chittenden 
 
 H. E. Powell. 
 
 2,006 
 
 Montpelier 
 
 Washington 
 
 t T. J. Deavitt. 
 
 4,000 
 
 Morrisville ^ 
 
 Lamville 
 
 P. K. Gleed. 
 
 2,100 
 
 Newfane 
 
 Windham 
 
 M. Davidson. 
 
 210 
 
 Northfield 
 
 Washington 
 
 F. Plumley. 
 
 2,800 
 
 Pittsford 
 
 Rutland 
 
 C. S. Colbum. 
 
 1,982 
 
 Rutland 
 
 Rutland 
 
 W. C. Duntou. 
 
 16,000 
 
 St. Albans 
 
 Franklin 
 
 H. C. Adams. 
 
 7,195 
 
 St. Johnsbiiry 
 
 Caledonia 
 
 Ide & Staftbrd. 
 
 5,806 
 
 Springfield 
 
 Windsor 
 
 A. M. Allbee. 
 
 1,586 
 
 Swanton 
 
 Franklin 
 
 H. A. Burt. 
 
 3,083 
 
 Vergennes 
 
 Addison 
 
 G. W. Grandey. 
 
 1,783 
 
 West Rutland 
 
 Rutland 
 
 J. E. Manly. 
 
 2,379 
 
 "Whitingham 
 
 Windham 
 
 H. N. Hix. 
 
 1,246 
 
 Windsor 
 
 Windsor 
 
 W. Batchelder. 
 
 2,175 
 
 Woodstock 
 
 Windsor 
 
 W. C. French. 
 
 2,815
 
 VEKMONT. 
 
 803 
 
 BANKS IN VERMONT. 
 
 Giving the name of town, banli and cashier, and amount of paid-up capital of one 
 bank in each county of this state in which such a banking institution is located. 
 
 PLACE. 
 
 NAME OF BANK. 
 
 Barre Nationol Bank of Bane 
 
 Barton Barton National Bank 
 
 Bellows' Fallls Nat Bank of Bellows' Falls 
 
 Bennington 
 
 Bethel 
 
 Bradford 
 
 Brandon 
 
 Brattleboro' 
 
 Burlington 
 
 Castleton 
 
 Chelsea 
 
 Danville 
 
 Derby Line 
 
 First National Bank 
 
 Nat White River Bank 
 
 Bradford Sav Bk & Trust Co Geo. P. Arthur, 
 
 CASHIER. 
 
 F. G. Rowland. 
 H. K. Dewey. 
 P. H. Hadley, 
 
 G. F. Graves. 
 D. C. Dennison. 
 
 Brandon National Bank 
 Vermont National Bank 
 Merchants' National Bank 
 Castleton National Bank 
 First National Bank 
 Caledonia National Bank 
 Nat Bank of Derby Line 
 
 Factory Point Factory Point Nat Bank 
 
 W, F. Scott. 
 
 G, C. Averill, 
 
 L. E, Woodhouse, 
 
 D. D. Cole, 
 C. S. Emery, 
 J, B. Matlock, 
 Stephen Foster, 
 Jas. P. Black. 
 
 E. H. Phelps, 
 
 Fair Haven First National Bank 
 Hyde Park Lamville County Nat Bank A. L. Noyes 
 Lyndon Nat Bank of Lyndon W. J. Stanton, Jr 
 
 Lyndonville Lyndonville Nat Bank H. M. Pearl. 
 
 Middlebury Nat Bank of Middlebury Chas. E. Pinney. 
 3Iiddletown Springs. Gray National Bank A. A. Green. 
 Montpelier First National Bank ~ ~ 
 
 Newport National Bank of Newport 
 
 N, Bennington First National Bank 
 Northfleld Northfield National Bank 
 
 Orwell First National Bank 
 
 Poultney First National Bank 
 
 Proctorsville Nat Black River Bank 
 Richford Richford Sav Bk & Trust Co S. P. Carpenter. 
 
 Rutland Rutland County Nat Bank Henry F. Field, 
 
 Springfield First National Bank B. F. Aldrich. 
 
 St. Albans Welden National Bank F. S. Stranahan. 
 
 St. Johnsbury First National Bank John C. Clark. 
 
 Yergennes Nat Bank of Vergennes Andrew Ross. 
 
 Waterbury Waterbury National Bank Chas. Wells. 
 Well's River National Bank of Newbury Geo. Leslie. 
 West Randolph Randolph National Bank R. T, Dubois, 
 White River Jo Nat Bank of White River Jo J. L, Bacon, 
 Windsor Windsor National Bank J. S. Walker. 
 
 Woodstock Woodstock National Bank H. C. Johnson. 
 
 F. L. Eaton, 
 
 R. J. Wright. 
 
 S. B. Hall. 
 
 Chas. A. Edgerton, Jr, 
 
 C, E. Bush, 
 
 M. D. Cole. 
 
 Chas. W. Whitcomb. 
 
 PAID UP 
 CAPITAL. 
 
 $100,000 
 150,000 
 100,000 
 110,000 
 125,000 
 
 50.000 
 200,000 
 150,000 
 500,000 
 
 50,000 
 150,000 
 100,000 
 150,000 
 
 75,000 
 100,000 
 150.000 
 106,000 
 
 75,000 
 200,000 
 
 50,000 
 250,000 
 100,000 
 150,000 
 100,000 
 100,000 
 
 50,000 
 
 50,000 
 
 50,000 
 300,000 
 100.000 
 100,000 
 500,000 
 150,000 
 100,000 
 300,000 
 75,000 
 50,000 
 100,000 
 300,000
 
 STATE OF 
 
 VIRGINIA. 
 
 SUMMARY OF 
 
 CoivLKCTioN Laws. 
 
 CoDRT Calendar, Instkuctions for taking Depositions, Legal, Forms, Etc, 
 
 Expressly Prepared and Revised to Nov. 1st, 1887, for "Showers' 
 
 Legal Directory and Merchants' Guide," for 1888, by 
 
 Sands & Bryan, of the Richmond Bar. 
 
 Acknowledgments — Within the state may be taken before any county or 
 corporation court,, when proved by two witnesses before such court, or the 
 clerk thereof in his office, or before a justice, commissioner in chancery and 
 notary (within their respective counties). "Without the state, but within 
 the United States, they may be taken before any court in the United States, 
 or the clerk thereof in his office, or before any justice, commissioner in 
 chancery, notary, or commissioner appointed by the governor of Virginia 
 for such state. Without the United States, they may be taken before any 
 minister plenipotentiary, charge d'affaires, consul-general, consul, vice- 
 consul, or commercial agent of the United States to such foreign country, 
 or before any court of such country, or the mayor or other chief magistrate 
 of any city, town or corporation therein. 
 
 Privy examination of wife abolished. 
 
 Form of Acknowledgment. 
 
 State of Virginia, of , to wit : 
 
 I, for the aforesaid, in the state of Virginia, do certify that , 
 
 whose name signed to the within writing, bearing date on the day 
 
 of , 18 — , ha — acknowledged the same before me in aforesaid. 
 
 Given under my hand this day of , 18 — . {Signature.) 
 
 Note. — To be acknowledged before a justice or a notary public. 
 
 Actions. — As at common law, except replevin action, which is abolished. 
 In equity, by bill or petition. 
 
 Administration. — 1st. Where there is no will, administration shall be 
 granted to the distributees who apply therefor, preferring, first, the husband 
 or wife, and then such of tlie others entitled to distribution as the court 
 shall see fit. If no application in thirty days from death of intestate, 
 administration may be granted to one or more of creditors, or to any other 
 person. Bond, with security, in penalty equal at least to full value of per- 
 sonal estate. 
 
 2d. Has no control over real estate.
 
 VIRGINIA. 805 
 
 ;3il. AVhen assets, after payment of funeral expenses, charges of adminis- 
 tration, claims for physician's foes in last sickness $50, and druggist's 
 accounts for articles furnished during same period of $50, are not sufficient 
 to satisfy all demands, they shall be applied — 
 
 1st. Debts due United States. 
 
 2d, Taxes and levies assessed upon decedent previous to his death. 
 
 ;ld. Debts due as personal representative, trustee for persons under disa- 
 bilities, guardian or committee, wliere the (jualification was in this state, in 
 which debts shall be included a debt for money received by a husband acting 
 iis such fiduciary in right of wife. 
 
 4th. All other demands ratably (except voluntary obligations). 
 
 5th. Voluntary obligations. 
 
 Affidavits. — In any case in which an oath might be administered by, or 
 :an affidavit made before, a justice, the same may be done by or before a 
 notary public; or a commissioner appointed by the governor, or by a court, 
 or the clerk of any court, or, in case of survey directed by a court in a cause 
 therein pending, by or before the surveyor directed to execute said ord^r of 
 tiurvey. 
 
 An affidavit may also be made before any officer of another state or 
 <'ounty authorized by its laws to administer an oath, and shall be deemed 
 iluly authenticated if it be subscribed by such officer, and there be annexed 
 to it a certificate of the clerk or other officer of a court of record of such 
 state or county, under an official seal verifying the genuineness of the signa- 
 ture of the first mentioned officer, and his authority to administer an oath. 
 
 Accounts sent to Virginia for collection need not be verified by the affi- 
 ilavit of the creditors. The affidavit taken without notice gives them no 
 additional validity. 
 
 Aliens. — Any alien, not a public enemy, may acquire, hold and dispose of 
 real estate within this state, and the same shall pass by devise or descent in 
 like manner as if he were a citizen. 
 
 Appeals. — In certain cases, appeals are of right; in others, they are dis- 
 <'retionary with the court or judge to wliom application is made. 
 
 Appeals from magistrates' courts may be granted within ten days after 
 Judgment, if the case involves constitutionality or validity of an ordinance 
 or a by-law of a corporation, or if matter in controversy, exclusive of inter- 
 est, exceeds ten dollars (in the city of Richmond, twenty dollars). 
 
 The course of appeal from the county court is to the circuit court of the 
 .»iarae county. Appeals from the circuit and corporation courts, and the 
 ♦chancery court of the city of Riclimond, must be taken to the supreme 
 «'Ourt of appeals within one year after judgment rendered, and are only 
 alloAved where matter in controversy exceeds in value ^500, exclusive of 
 costs, unless tliere be drawn in question certain matters not merely pecu- 
 niary. (Const., art. vi., § 2.) 
 
 Arrest. — There is no imprisonment for debt in Virginia ; but when there 
 is probable cause for believing that defendant is about to (juit the state, he 
 may be held to bail, but may be discharged upon giving bond and security 
 that he will answer such interrogatories as may be filed within four months 
 iU'ter judgment rendered. Before plaintitt' can obtain this writ, he must 
 give bond and security to j^ay all costs and damages occasioned by arrest of 
 <lefendant. 
 
 Assignments and Insolvency. — Xo insolvent laws, and no statutory pro- 
 visions concerning assignments. But an insolvent debtor may make a volun- 
 tary assignment to a trustee for the benefit of creditors, and may prefer 
 *-ertain creditors to others. Such assignment does not operate as a release. 
 
 The trustee may be required to give security for the faithful performance 
 of his duty, by any creditor of the assignor whose debt exceeds $200.
 
 806 VIRGINIA. 
 
 Attachments. — Besides tenants liable for rent, against 
 
 1st. Foreign corporations or non-residents of the state having estate, or 
 sued with persons residing within the state. 
 
 2d. Defendants removing, or about to remove, out of this state with 
 intent to change their domicile. 
 
 ;3d. Defendants removing, intending to remove, or who have removed, the 
 specific property sued for, or their own estate, or the proceeds of the sale 
 of their pi'operty, or a material part of such estate or proceeds, out of this 
 state, so that process of execution on a judgment, when obtained, will be 
 unavailing. 
 
 4th. Defendants converting, or who are about to convert or have con- 
 verted, their property of whatever kind, or some part thereof, into money, 
 securities or evidences of debt, with intent to hinder, delay or defraud 
 creditors. 
 
 5th. Defendants who have assigned or disposed of, or who are about to 
 assign or dispose of, their estate or some part thereof, with intent to hinder, 
 delay or defraud creditors. 
 
 Against tenants and debtors, removing effects, etc., any justice of the 
 peace may issue attachment, whether the claim be due or not ; in all other 
 cases the writ must be obtained from the clerk of the court if the claim 
 exceeds twenty dollars exclusive of interest. If of twenty dollars and 
 under, the attachments should be before a justice of the peace, and not 
 before a court. 
 
 A non-resident may attach the estate, within this state, of another non- 
 resident. Bond, with security, required, usually double the amoixnt claimed, 
 when property taken possession of by ofl&cer. 
 
 Claims Against Estates of Deceased Persons— Must be brought against 
 personal representative, and assets in his hand, after payment of certain 
 funeral expenses, charges of administration, «&c., are to be paid out in follow- 
 ing order : 1st. Debts due United States. 2d. Taxes and levies assessed 
 upon decedent prior to his death. 3d. Certain fi.duciary debts. 4th. All 
 other demands ratably, except 5th. Voluntary obligations. 
 
 Conditional Sales of Personal Property.— Every sale or contract for the 
 sale of goods or chattels, whei'ein the title is reserved until the same be paid 
 for in whole or in part, or the transfer of the title is made to depend on any 
 condition, and where possession be delivered to the vendee, shall be void as 
 to creditors of purchasers for value without notice from such vendee, unless 
 such sale or contract be evidenced by writing executed by the vendor, in 
 which said reservation or condition is expressed, and until said writing is 
 duly recorded in the county or corporation iti which said goods or chattels 
 may be; or, if said goods and chattels consist of locomotives, cars or other 
 rolling-stock, equipments, or personal property of any description to be used 
 in or about the operation of a railroad, until said writing is duly recorded in 
 certain other enumerated offices, and each locomotive, car or other piece of 
 rolling-stock be plainly and permanently marked with the name of the 
 vendor on both sides thereof, followed by the word ''owner." 
 
 Corporations- — The general statutes governing corporations are contained 
 in chapters 46 and 47, Code of 1887. Corporations are created by general 
 assembly, or by circuit courts, or the judges thereof in vacation. These 
 latter may grant cl.arters of incorporation for the conduct of any enterprise 
 or business which may lawfully be done by an individual, except to con- 
 struct a turnpike beyond the limits of the county, or a railread, canal, or 
 bank of circulation. Stockholders in joint-stock companies are liable only 
 to the extent of their stock. 
 
 Costs. — Security for costs may be required by defendant, or by any officer 
 of the court, by a suggestion that i)lrtintift" is a non-resident. After default 
 of sixty days thereafter in furnishing requisite security, suit will be dis- 
 missed.
 
 VIRGINIA. 807 
 
 Courts. — Terms and Jurisdiction of: 
 
 Circuit courts, by recent statute, hold three teniis annually in each county 
 and the city of Richmoud, and special terms when dispatch of business 
 requires. But, under special acts, only two terms are held in many of the 
 counties, and the other cities of the state than Richmond. They have juris- 
 diction in all cases at law and in equity where the amount involved (exclu- 
 sive of interest) exceeds $20. 
 
 Corporation courts (in towns having over 5,000 inhabitants), with jurisdic- 
 tion mainly concurrent with that of the circuit courts in civil cases, hold 
 four terms annually for the trial of such cases. 
 
 Justices^ jurisdiction, by act taking effect July 1, 1880, enlarge to $100, 
 with right to defendant, when amount exceeds $20, to remove case to county 
 or corporation court. 
 
 Court Calendar.— 
 
 UNITED STATES COURTS. 
 CIRCUIT COURT. 
 
 Chief JuJitice Supreme Court, Morrison R. Waite, of Ohio. Circuit Judge, Hugh L. 
 Bond, of Baltimore, Md. Clerk, M. F. Pleasants, Richmond, Alexandria and Norfolk. 
 Holds its terms at same places and times as Uistrict Courts. 
 
 DISTRICT COURTS. 
 
 Eastern District . Judge, R. W. Hughes, of Norfolk, Va. District Attorney, 3. Cat- 
 lett Gibson. Assistant District Attorney, James Lyons. Clerks, W. B. Wall, Richmond ; 
 John. S. Fowler, Alexandria ; Charles T. Barry, Norfolk. 
 
 Terms. At Richmond, 1st Mondays in April and October; at Alexandria, 1st 
 Mondays in January and July; at Norfolk, 1st Mondays in May and November. 
 
 Western District. Judge, John Paul, of Harrisonburg. Clerks, W. M. Elliott, Lynch- 
 burg ; Charles Martin, Danville ; I. C. Fowler, Abingdon. 
 
 Terms. At Danville, Tuesdays after 8d Mondays in June and November ; at 
 Lynchburg, Tuesdays after 3d Mondays in March and September ; At Abington, 
 Tuesdays after 4th Mondays in May and Octotjer; at Harrisonburg, Tuesdays after 
 1st Monday in May, and 2d Mon. in Oct. 
 
 STATE COURTS. 
 
 THE SUPREME COURT OF APPEALS. 
 
 Terms. At Richmond, oth of November. January and March. The sessions last 
 160 days, unless the business is sooner disposed of. At Staunton, 10th of September, 
 and the session lasts «0 days, unless the business is sooner disposed of. At Ws'the- 
 vi lie, 10th of July, and the session lasts 60 days, unless the business is sooner dis- 
 posed of. 
 
 CIRCUIT COURTS. 
 
 The times and places for holding these Courts, are as follows : 
 
 ^^^porationl. (bounty Seat. Terms of Circuit Courts begin. 
 
 Accomac .... Accomac C. H. ... 1st Tues. Apr. and Oct. 
 Albemarle. . .Charlottesville . . . 10th May and Oct., and 1st Feb. 
 
 Alexandria . .Alexandria 4th Mon. May, and Wed. after 1st Mon. Nov. 
 
 Alexand'a City Alexandria 3d Mon. March, and 4lh Mon, Sept. 
 
 Alleghany . . . Covington 2.5th March and Aug. 
 
 Amelia Amelia C. H 10th March and Sept. 
 
 Amherst. . . . Amherst C. H. . . . lOtli April and Oct. 
 Appomattox . . Appomattox C. H . . ir>ili March and Sept. 
 
 Augusta .... Staunton 10th May and Nov. 
 
 Bath Warm Springs . . . Ajirll 25th and Sejjt. 2-5th. 
 
 Bedford Liberty 2.5lh May and Nov. 
 
 Bland Bland C. H 1st Mon. April, and 4th Mon. Sept. 
 
 Botstourt . . . Fincastle 23d May. and 22d Oct. 
 
 Brunswick.. . Lawrenceville . . , . Hith April and Oct. 
 Buckingham. . Buck'gham C. H. . . 2oth April and Oct. 
 
 Buchanan . . . Grundy Tuesday after 1st Monday, March, August and 
 
 November. 
 Campbell.. . . Campbell C. H. . , . 2.)th April and Oct. 
 Caroune . . . . Bowling (ireen . . . loili March aud eept.
 
 808 VIRGINIA. 
 
 Counties and 
 Corjyoraiioii}!. 
 
 County Sent. 2'erms of Circuit Courts begin. 
 
 Carroll Hillsville :id Mon. April, and 2d Mon. Oct. 
 
 Charles City . . Clias. City C. H. . . m Tucs. May and Nov. 
 Charloite.. . . Charlotte C. H. . . . 20th Manli and .Sept. 
 Chesterrteld . . Chestertield C. H. . . 15th Mu\ aiui 1.5th Nov. 
 
 Clarke Berryville l.st Feh., lOtli May, and 1st Oct. 
 
 Craig New' Castle 1.5th April and Oct. 
 
 Culpeper . . . . Culpeper 1st, June and Nov. 
 
 Cumberland . . Cumberland C- II . . 7th May and Nov. 
 
 Danville .... Danville 15th June and Jan. 
 
 Dickinson . . . Dickinson C. H. . . Tuesday after 2d Mou. March and Nov. 
 Dinwiddee . . . Dinwiddle C. H. . . 21st Mai'ch and Sept. 
 
 Elizabeth City Hampton 2d Mon. March and .Sept. 
 
 Essex . . . . .' . Tappahaunock . . . ]>Sth March and Sept. 
 
 Fairfax Fairfax C. H 2d Mon. June and Nov. 
 
 Fauquir . . . . Warrenton Tues. after 1st Mon. Sept., 2d Mon. Dec, and 
 
 Tnes. after 1st Mon. April. 
 
 Floyd Floyd C.H 3d .^lay, and lUth Nov. 
 
 Fluvanna . . .Palmyra lOth April, and 10th Nov. 
 
 Franklin .... Rocky Mount .... 10th May, and 24th Oct. 
 
 Frederick . . .Winchester 1st March and June, and 15th Nov. 
 
 Fredericksb'g .Fredericksburg . . . 10th May and Nov. 
 
 Giles Pearisburg 1st Mon. May and November. 
 
 Gloucester . . . Gloucester C. II. . . Wed. after 2d Mon. May and Nov. 
 
 Goochland.. . Goochland C. H. . . 1st April and Sept. 
 
 Grayson .... Independence ... .2d Mon. Apr., and Tues. after 3d Mon. Oct. 
 
 Greene Standardsville . . . 10th June and Nov. 
 
 Gre'^nsville. . . Hicksford .... . . 20th April, and 20th Oct. 
 
 Halifax Halifax C. H .... 1st April and 10th Nov. 
 
 Hanover. . . . Hanover C. H. . . . 26th April and Oct. 
 
 Henrico .... Richmond Sd Mon. Jan., and 1st Mon. May and Oct. 
 
 Henry Martinsville . . 2.5th May and 14th Oct. 
 
 Highland.. . .Monterey May 3d and Oct. 3d. 
 
 Isle of Wight Smithfleld 20th April and Oct. 
 
 James City and 
 . City of Wil- 
 liamsburg. Williamburg . . . . 2d Tues. May and Nov. 
 King George . . King George C. H . . 30th jNIarch and Sept. 
 King d- Queen .K'g <b Q'n C. H. . . . Thurs. after 3d Mon. May and Nov. 
 King William . King Wm. C. H. . . 1st Mon. Apr. and Oct. 
 Lancaster . . . Lancaster C. H. . . . Fri. after 4th Mon. April and Oct. 
 
 Lee Joilesville 1st Mon. after 4th Mon. March, Aug. and Nov. 
 
 Loudoun .... Leesburg 4th Mon. April, and 3d Mon. Oct. and Jan. 
 
 Louisa Louisa C. H 20th March and Sept. 
 
 Lunenburg . . Lunenberg C. H. . . 17th May and Nov. 
 Lynchburg . , Lynchburg City . . 10th May and Nov. 
 
 Madison .... Madison C. H 20th April and Sept. 
 
 Manchester . . Manchester City . . 3d Monday. (Corporation Court). 
 jNIatthews . . . Matthews C. H. . . . 15th April and Oct. 
 
 Mecklenburg. . Boydton 1st April and Oct. 
 
 Middlesex. . .Saluda 25th March and .Sept. 
 
 Monigomery. . Christianburg .... 10th May and 26tli Nov. 
 
 Nansemond . .Suffolk lOtb April and Oct. 
 
 Nelson Livingston 27th March and Sept. 
 
 New Kent , . . New Kent C. H. . . 4th Tuesday April and October. 
 Norfolk Co.. . Norfolk Cltv . . . . 1.5th March and Sept. 
 Norfolk City . . Norfolk City .... 15th May and Nov. 
 
 Northampton . Eastville 3d Tuesday April and Oct. 
 
 Northumberl'd Heathsville On Wed. after 4th Mon. April and Oct. 
 
 Nottaway . . . Nattaway C. H. . . . March 30th and Sept. 30th. 
 
 Orange Orange C. H 1st May and Oct. 
 
 Page Luray 20th April and Zi Sept. 
 
 Patrick Patrick C. H .3d June and 5th Oct. 
 
 Petersburg . . . Petersburg City . . . .5th Feb. June and Dec. 
 Pittsylvania . . Pittsylvania C. H . . 20th April and 25th Nov. 
 Portsmouth . . Portsmouth City . . .5th March and Sept. 
 Powhatan . . . Powliatan C. H. . . 17th April and Oct. 
 
 Prince Edward Farnivillc 1st March and Sept* 
 
 Princess Anne Priu. Anne C. H. . . 1st April and Oct. 
 Prince (feorge . Prince Geo. C. H. . . 7th May and Nov. 
 
 Prince William. Brentsville 2d Mon. May and Oct. 
 
 Pulaski .... Newbern 3d Mon. March and 4th Mon. Oct. 
 
 Rappahann'k . Washington Tues. after 3d Mon. May and Nov, 
 
 Richmond City Richmond City. . . .1st Mon. Feb., and '.d Mon. May and Oct. 
 
 Richmond Co . Warsaw IStli April and Oct. 
 
 Roanoke .... Salem 1st A{)ril and Oct. 
 
 Rockbridge . .Lexington 1st March and Sept. 
 
 Rockingham .Harrisonburg . . . . 1st April, and Oct. inth. 
 llnssell liCbanon 1st Mon. March, Aug. and Nov.
 
 VIRGINIA. 809 
 
 ^poraiiolxi. County Seat. Terms of Circuit Courts begin. 
 
 Hcott Estillville 3d Mon. March, Aug. and Nov. 
 
 .Shenandoah , . Woodstock .")th Jan., and 1st April and .Sept. 
 
 •Smyth Alarion lid. Mon. Mar. and Aug., and 1st Mon Jan. 
 
 .Southampton . Jerusalem 5th May and Nov. 
 
 .spoltsylvania . .Sp'tsylvan'a C. H . . tith May and Nov. 
 
 .Stafford . . , .StatlbrdC. H 6th April and Oct. 
 
 Surry Surry C. H l:nh May and Nov. 
 
 Su.ssex Sussex C. H ;iOth April, and Oct. 30th. 
 
 Tazewell. . . . Tai^ewellC. H. . . . 3d Mon. May and Nov. 
 
 Warren .... Front Royal Fel). 22d, May 1st, and Oct. 20tli. 
 
 Warwick . . . Warwick C. H. ... 3d Tues. March and Sept. 
 
 Washington. .Abingdon 4th Mon. April and Sept., and 1st Mon. Jan. 
 
 Westmoreland Montross 13th Api-il and Oct. 
 
 Winchester . . Winchester City . . 3d Mon. except Aug. (Corporation Court.) 
 
 Wise Gladesville 3d Monday after 4th Monday March, August, 
 
 and Nov. 
 
 Wythe Wytheville 1st Mon. March and Sept. 
 
 York Yorktown 4th Tues. March and Sept. 
 
 Richmond City Chancery Court. Terms, 1st Monday in January, April, June 
 and October. 
 
 Richmond City Hustings Court. Terms, 1st Monday in January, February, 
 Marcli, April, May, June, July, October, November, December, and 20th September. 
 
 Winchester and Manche.ster Corporation Courts. Terms, 3d Monday eacli 
 month, except August. 
 
 Danville Corporation Court: 1st Monday. 
 
 Lynchburu Corporation Court : 1st day. 
 
 Roanoke Corporation Court: 1st Monday, except in April and October, wlien 
 it meets 2d Monday. 
 
 P'redericksuurg Corporation Courts : 2d Tliursday. 
 
 Alexandria Corporation Court : 2d Monday. 
 
 Staunton Corporation Court : 1st Mon. 
 
 Norfolk Corporation Court: 1st Mon. 
 
 Deeds. — Deed of bargain and sale is valid as against creditors and subse- 
 cjuent purchasers, if admitted to record within twenty days from date of 
 acknowledgment. 
 
 A scroll affixed by way of seal has the same effect as a seal. A deed of 
 trust or mortgage not in consideration of marriage, is valid as against credi- 
 tors and subsequent purchasers without notice only from date of its record. 
 ( See Acknowledfjmen ts. ) 
 
 Deeds of corporations must be made by duly authorized agents. No pre- 
 scribed foi'm is given. 
 
 Descent and Distribution. — Real estate of inheritance of intestate pas.ses: 
 1st. To his children and their descendants. 2d. If no child nor descendant 
 of child, then to his father. 3d. If no father then to mother, brothers and 
 sisters and their descendants. If none of these, then 4th, one moiety to the 
 paternal and one to the maternal kindred as follows: 5th. First to the grand- 
 father. Gth. If none, then to grandmother, uncles and aunts on same side 
 and their descendants. 7th. If none such, then to the great grandfathers or 
 greatgrandfather, if there be but one. 8th. If none, then to the great grand- 
 mothers or great grandmother if there be but one, and the brothers and sis- 
 ters of the grandfathers and grandmothers and their descendants. 0th. And 
 so on to the nearest lineal male ancestors, and for want of them, to tlie near- 
 est lineal female ancestors in the same degree, and the descendants of such 
 male and female ancestors. 10th. If no father, mother, brother, sister nor any 
 descendants of either, nor any paternal kindred, the whole shall go to the 
 maternal kindred, and if there be no maternal kindred, the whole shall go 
 to the paternal kindred. If there be no paternal nor maternal kindred, the 
 whole shall go to the husband or wife of the intestate, or if the husband or 
 wife be dead, to his or her kindred in like course as if the husband or wife 
 had survived the intestate. 
 
 Personal estate, after payment of funeral expenses etc., passes as real 
 estate, except as follows : If intestate was a married woman, her hu.sban<l 
 is entitled to the whole of said surplus. If intestate leaves a widow and
 
 810 VIKGINIA. 
 
 issue by her, widow is entitled to oue-tliird of surplus. If intestate leaves- 
 widow but no issue by her, she is entitled absolutely to such of the personal 
 property in said surplus as was acquired by intestate by virtue of his marri- 
 age with her and remains in kind at his death. If issue left by fonner wife, 
 widow entitled to one-third, if no such issue, to one-half of the residue of 
 said surplus. 
 
 Alienage of distributee is no impediment. Personalty of infant to be dis- 
 tributed as if he were an adult. 
 
 Depositions.— 
 
 Form of Notice to take Depositions. 
 
 To^ : 
 
 You will please take notice that shall proceed, on the day of 
 
 , A. D. 18 — , between the hours of o'clock A. m. and ■ o'clock 
 
 p. M., at , to take the depositions of , to be read in evidence on the 
 
 trial of a suit now pending in the court for the of , in the state 
 
 of , in which plaintiff, and defendant ; and if from any cause 
 
 the taking of said depositions shall not be commenced, or being commenced, 
 shall not be completed on that day, the same will be continued from day to 
 day, or from time to time, until completed. (Signature.) 
 
 Form of Depositions. 
 VS. > In the court of the . 
 
 The depositions of and others, taken before me, a notary public 
 
 for the of , in the state of Virginia, pursuant to notice hereto an- 
 nexed, at the office of , in the state of , on the day of , 18 — . 
 
 between the hours of 6 a. m. and 6 p. m., to be read as evidence on behalf of 
 
 , in a certain cause now pending in the court of , wherein 
 
 is plaintiff, and is defendant. 
 
 Present : , counsel for plaintiff ; , counsel for defendant. 
 
 (the witness), being duly sworn on the Holy Evangelist of Almighty 
 
 God, deposeth and saith as follows : 
 
 1st question : By counsel for plaintiff: ? Answer : . 
 
 2d question : By counsel for plaintiff : ? Answer : . 
 
 When the depositions are completed, the following certificate is aimexed : 
 
 Form of Certificate to Deposition. 
 
 State of Vikginia, ) 
 couisty of . s 
 
 , a for the . in the state of (or the person named in the 
 
 commission hereto annexed), dohereby certify that the foregoing depositions 
 were duly taken, reduced to writing and signed by the witness — , respect- 
 ively, before me at the place — and the time — therein mentioned, pursuant 
 to the annexed notice and commission. 
 
 In witness whereof, I have hereunto set my hand and affixed my official 
 seal (if any), at aforesaid, this day of , 18 — . {Signature.) 
 
 N. B, — If the person taking the depositions (not be'ing a justice of the 
 peace) have no official seal, the genuineness of hia signature must be authen- 
 ticated by some officer of the state or county under his official seal. The de- 
 positions must be sealed by the officer and addressed to the clerk of the 
 court wherein the cause is pending. 
 
 Divorce. — Suits for divorce will not be maintained unless parties, or one of 
 them, resides in the state where suit is instituted. Suit must be brought in 
 county or corporation in which parties last cohabited, or in which defendant 
 resides, if a resident ; but if not, then in county or corporation in which
 
 VIRGINIA. 811 
 
 plaintiff" resides. Bills for divorce are not taken for confessed, and are heard 
 independently of the admissions of either party. Coui't will decree alimony 
 and counsel fees pending suit. 
 
 Marriages absolutely void -vvithout decree : Marriage between a white per- 
 son and a negro ; marriage where parties under age of consent, marry and 
 separate during such non-age (males fourteen, females twelve years), and do 
 not cohabit afterwards ; marriage where either of the patries is already 
 married. 
 
 Causes of divorce from bed and board : Cruelty ; reasonable apprehension 
 of bodily hurt ; abandonment and desertion. 
 
 Causes of divorce from the bond of matrimony: Adultery; natural or incur- 
 able impotency of body existing at the time of entering into the marriage con- 
 tract; where either of the parties is sentenced to confinement in the penitentiary 
 (and no pardon granted to the party so sentenced, shall restore such party 
 to his or her conjugal rights) ; where prior to the marriage, either party 
 without the knowledge of the other, has been convicted of an infamous of- 
 fence ; where either party, charged with an offence punishable with death, 
 or confinement in the penitentiary, has been indicted as a fugitive from jus- 
 tice and has been absent for two years ; where wilful desertion or abandon- 
 ment for five years ; where at the time of the marriage, without the knowl- 
 edge of the husband, the wife was enciente by some person other than the 
 husband : or, prior to the marriage has been, without the knowledge of the 
 husband, notoriously a prostitute, such divorce may be decreed the husband, 
 but not if he cohabit with her after knowledge that she was enceinte or had 
 been such prostitute ; or to either party, if he or she knew of conviction of 
 other party of infamous offence ^.nd has since cohabited with such other 
 party. 
 
 Court may restrain guilty party from marrying again. 
 
 Evidence. — When one of the original parties to a contract is dead or in- 
 sane or otherwise incompetent, the other party shall not be admitted to tes- 
 tify in his own favor, or in favor of any other party having an interest ad- 
 verse to that of the party so incapable of testifying, unless he shall be called 
 to testify on behalf of such last mentioned party. For certain other excep- 
 tions see Code 1887-8. 
 
 "Witnesses not incompetent because of interest. 
 
 Executions — May issue at once for special cause shown to the court, and 
 after the fifteenth day of the term any court may make an order allowing 
 execution to issue on judgments and decrees after ten days from their date. 
 It must be returned on the first day of a term of court, or first Monday of a 
 month, as the time of issuing the execution may make it most convenient, 
 provided that not more than ninety days intervene between the teste and the 
 return day of the process. Executions from justices' courts may issue forth- 
 with, but stay may be had on furnishing proper security — over ten dollars 
 and under twenty dollars, forty days ; twenty dollars to thirty dollars, sixty 
 days ; and over thirty dollars, ninety days. There is no stay in the upper 
 courts, and no redemption of property sold under execution. 
 
 Exemptions. — Homestead exemption of householder, being the head of a 
 family, to the value pf $2,000, which may be either real or personal property; 
 also books to the value of $100, wearing apparrel, beds, stoves and household 
 utensils, sewing machines, certaiia domestic animals, and mechanics' tools 
 not exceeding 6100 in value. 
 
 Garnishment. — The writ of fieri facias is a lien on all the personal prop- 
 erty of the judgment debtor. Any person indebted to him may be sum- 
 moned upon a suggestion of the judgment creditor, to appear and answer. 
 If it appear that there is a liability upon him to pay any debt or deliver any 
 property to the judgment debtor, the court may order such payment or de- 
 livery to its officer.
 
 812 VIRGINIA. 
 
 Interest. — The rate of interest can in no case exceed six per cent., except 
 (III loans to certain corporations. Lenders forfeit all interest in case of 
 usury. Judgments bear six per cent, interest. Corporations cannot plead 
 usury. 
 
 Judgments — Create liens on all the real estate of the debtor from the first 
 day of the term at which the judgment was rendered ; but, as against a pur- 
 chaser for valuable consideration without notice, it is not a lien unless dock- 
 eted in the county or cori)oration where such real estate lies within twenty 
 days after date of judgment, or fifteen days before conveyance to the 
 purchaser. 
 
 Justices of the Peace — Have jurisdiction of controversies in which the 
 amount or value involved does not exceed $100. If claim exceeds twenty 
 dollars, it may be removed on motion of defendant, to county or corporation 
 court. .Judgment cannot be rendered before a justice exceirt after five days' 
 notice to defendant. 
 
 Liens. — Vendor's lien for unpaid purchase money not allowed unless ex- 
 pressly reserved ujion face of conveyance. 
 
 Mechanics' lien reserved to all artizan.s, builders, mechanics, lumber deal- 
 ers, and other persons performing labor about or furnishing material for any 
 building or structure. See Code of 1887, chap. 110. 
 
 All conductors, brakesmen, engine drivers, firemen, captains, stewards, 
 pilots, clerks, depot or ofiice agents, store keepers, mechanics or laborers 
 and all persons furnishing supplies necessary to the operation of any rail- 
 way, canal or transportation company, or of any mining or manufacturing 
 company chartered under or by the laws of this state, or doing business 
 within its limits, have a prior lien on the franchise, gross earnings, and on 
 all the real and personal property of said company used in operating same. 
 
 Every mechanic who shall alter or repair any article of personal property 
 at the request of the owner of such property, has a lien thereon for his just 
 and reasonable charges therefor, and naay retain possession of said article 
 until such charges are paid. 
 
 Inn keepers' lien is upon baggage and effects of boarder for amount. 
 
 'Attorneys at law have a general lien on papers and documents which come 
 into their j^ossession in the course of their jirofessional employment. 
 
 Limitation of Suits. — For articles charged in store accounts, two years ; 
 on any contract not in writing other than store account, three years ; con- 
 tracts in writing not under seal, five years ; upon indemnifying or fiduciary 
 "bonus, ten years ; all other contracts under seal, ten years ; recovery of 
 lands in case of forcible entry, unlawful entry or unlawful detainer, three 
 years ; in other actions for lands, fifteen years when situated east of the Al- 
 legheny mountains, and ten years when situated west of those mountains. 
 Revivor : !N^ew promise in writing, or written acknowledgment of a specific 
 debt from wliich a promise may be implied ; part payment not sufficient. 
 
 Limited Partnerships — For the transaction of mercantile, mechanical or 
 manufacturing business, and not for the purpose of blinking brokerage, or 
 making insurance, may be formed upon the terms and subject to the condi- 
 tions an<l liabilities prescribed in chap. l;35, Code of 1887. For partnership 
 associations, see same chapter. 
 
 Married Women. — The real and personal property of a woman married 
 since April 4, 1877. owned by her at the time of such marriage, and any proj - 
 erty, real or personal, acquired by a married woman as separate property or 
 as sole trader, is free from the control of her husband, and is not liable for 
 his debts. Widow takes dower as at common law.
 
 VIRGINIA. 813 
 
 Mechanics' Liens.— (See Liens.) 
 
 Minors. — The age of majority for both sexes is twenty-one years. A will 
 of personalty may be made at the age of eighteen years ; a w ill of real estate 
 cannot be made until the testator has attained the age of twenty-one years. 
 
 Mortgages — Are superseded by deeds of trust, which may be foreclosed 
 by the trustees without the intervention of a court of equity. Such deeds 
 may be given for both realty and personalty, and in either case must be 
 recorded. 
 
 Notes and Bills of Exchange- — Every promissory note or check for money 
 payable in this state at a particular bank, or at a particular office thereof lor 
 discount and dejjosit, or at the place of business of a savings institution or 
 savings bank, or at the place of business of a licensed broker or banker, and ^ 
 every inland bill of exchange payable in this state, is deemed negotiable, and 
 upon being dishonored for non-acceptance or non-payment, may be protested. 
 Protest is prima facie evidence of what is therein stated. 
 
 Where a bill of ex(;hange, drawn or endorsed within this state is protested, 
 the party liable for the principal of such bill, shall in addition pay damages 
 upon the principal at the rate of three percent, if the bill be payable out of 
 Virginia and within the United States, and ten percent, if payable out of the 
 United States. 
 
 All bills, acceptances, etc., maturing on legal holidays, are presentable fur 
 acceptance or payment on the day next preceding such holiday. 
 
 Practice — Is as at common law. except so far as modified by statute. 
 
 Proof of Claims, — No writ of inquiry necessary in an action of debt ui)on 
 any bond or other writing for the payment, or against the drawer or endorser, 
 of a bill of exchange or negotiable note, or in action of debt, scire facias 
 upon a judgment or recognizance, or in any action of assumpsit ; j^'^ovided, 
 that with the summons is served a certified copy of the account upon which 
 the action is brought. This does not apply to any action of assumpsit 
 where process is served by publication. 
 
 In an action of assumpsit on a contract, express or implied, for the ])ay- 
 ment of money (except where process has been served by publication), if 
 plaintift" file with his declaration an affidavit, made by himself or his agent. 
 statmg that a certain amount is justly due by defendant, and the time from 
 which interest is claimed, no plea in bar shall be received, unless defendant 
 file with his plea the affidavit of himself or his agent that plaintiiF is not- 
 entitled, as affiant verily believes, to recover anything from defendant on 
 such claim, or stating a sum certain less than that set forth in plaintiff's 
 affidavit, which, as affiant verily believes, is all that plaintitt" is entitled to 
 recover on such claim. If such plea and affidavit be not filed, judgment 
 shall be for plaintiff for amount claimed in affidavit filed with declaration. 
 If such plea and affidavit be filed, and affidavit admits that plaintiff is en- 
 titled to recover from defendant a sum certain less than that stated in affi- 
 davit filed by plaintiff, judgment may be taken for amount so admitted to 
 be due and case be tried as to residue. Code 1887, eh. 139. 
 
 Recording. — See generally Code of 1887, chapters 90 and 92, and title 
 Deeds, supra. 
 
 Replevin. — Action of replevin abolished. Its equivalent, however, exists 
 in the right, in actions of detinue, to take possession of the property sued 
 for, upon giving bond and security ; so with property levied on or seized 
 under an attachment, possession may he retained by defendant upon furnish- 
 ing a forthcoming bond.
 
 814 VIRGINIA. 
 
 Revision of Code and Statutes — Pursuant to act of March 18, 1884, now 
 
 completed, and the code of 1887, as revised, adopted by the general assembly 
 as a single act, to take effect February 1st, 1888. 
 
 Revivor. — (See Limitations.) 
 
 Seal. — (See Deeds.) 
 
 Security for Costs.— ( -See Costs.) 
 
 Stay of Execution. — There is no stay of execution except in the case of 
 small claims, and except when a paily desires to petition for an appeal, in 
 which case execution on the judgment or decree is suspended, on his giving 
 security, for a period not usually more than sixty days. But after execution 
 reaches the hands of the officer he may take from the debtor a bond, with 
 ' good security, conditioned for the forthcoming of the property at the day 
 and place of sale. 
 
 Trust Deeds.— (*See Mortgages.) 
 
 Supplementary Proceedings. — The writ of fieri facias being a lien on 
 the personal property of the judgment-debtor, interrogatories may be filed 
 with a commissioner of the court to compel debtor to disclose on oath what 
 property he has. (See Garnishment.) 
 
 Taxes.— See Code of 1887, chapters 23 and 24. 
 
 Wills. — Every person of sound mind, over the age of twenty-one years, 
 and not a married woman, may make a will ; and a married woman may do 
 so, as to her separate estate and in exercise of a power of appointment. 
 (See title Minors.) 
 
 No will shall be valid unless in writing and signed by the testator, or by 
 some other person in his presence, and by his direction, in such manner as 
 to make it manifest that the name is intended as a signature ; and, moreover, 
 unless it be wholly written by the testator, the signature shall be made or 
 the will acknowledged by him in the presence of at least two competent 
 witnesses, present at the same time ; and such witnesses shall subscribe the 
 will in the presence of the testator, but no form of attestations shall be 
 necessary. The testimony of non-resident witnesses may be taken by 
 deposition. All parties interested may be summoned by the propounder of 
 the will, non-residents by publication. Those not summoned and made 
 parties to the proceeding may, within two years after probate or refusal, file 
 a bill to impeach or establish the will.
 
 VIRGINIA. 
 
 815 
 
 ATTORNEYS IN VIRGINIA. 
 
 Bold Face Type denotes county seats, A dash (— ) less than 100 population. 
 Figures after names, when admitted to the Bar. A star (*) Notaries Public. 
 A double dagger (J) our Compiler of Laws. 
 A dagger (t) former recommendation witlidrawn. 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. 
 
 popula'n. 
 
 Abingdon 
 
 Washington 
 
 DAN'L T. CAMPBELL, 
 
 '83. 1,250 
 
 Accomac 
 
 Accomac 
 
 Giinter & Blackstone. 
 
 50() 
 
 Alexandria 
 
 Alexandria 
 
 A. W. Armstrong. 
 
 13,658 
 
 Amelia 
 
 Amelia 
 
 G. J. Handley. 
 
 250 
 
 Amherst C H 
 
 Amherst 
 
 C. L. Scott. 
 
 — 
 
 Appomattox 
 
 Appomattox 
 
 R. B. Poore. 
 
 130 
 
 Berryville 
 
 Clarke 
 
 M. Mccormick. 
 
 1,200 
 
 Blaoksburg 
 
 Montgomery 
 
 Chas. A. Ronald. 
 
 1,000 
 
 Bland 
 
 Bland 
 
 Williams Bros. 
 
 600 
 
 Bowling Green 
 
 Caroline 
 
 A. B. Chandler. 
 
 600 
 
 Boydton 
 
 Mecklebiirg 
 
 Wm. E. Homes. 
 
 482 
 
 Brentsville 
 
 Prince William 
 
 CHAS. E. NICOL, '75. 
 
 100 
 
 Buckingham 
 
 Buckingham 
 
 W. M. Cabell. 
 
 400 
 
 Charlottesville. Albemarle County. Population 5,000 
 
 DAVIS & HARMON. Reference, without permission, 
 Peoj^les' Bank and Bradstreets Mercantile Agency. 
 
 Chatham 
 Christiansburgh 
 Covington 
 Culpeper 
 
 Danville ' 
 
 Dinwiddie 
 
 Eastville 
 
 Estillville 
 
 Fairfax 
 
 Farmville 
 
 Tincastle 
 
 Fredericksburgh 
 
 Front Royal 
 
 Gloucester 
 
 Goochland 
 
 Gordonsville 
 
 Grundy 
 
 Halifax 
 
 Hampton 
 
 Hanover 
 
 Harrisonburgh 
 
 Heathsville 
 
 Pittsylvania 
 Montgomery 
 Allegheny 
 Culpeper 
 
 Pittsylvania 
 
 Dinwiddie 
 
 Northampton 
 
 Scott 
 
 Fairfax 
 
 Prince Edward 
 
 Botecourt 
 
 Spottsylvania 
 
 Warren 
 
 Gloucester 
 
 Goochland 
 
 Orange 
 
 Buchanan 
 
 Halifax 
 
 Elizabeth City 
 
 Hanover 
 
 Rockingham 
 
 Northumberland 
 
 (^See Danville.) 
 PHLEGAR & JOHNSON. 
 R. L. Parrish. 
 H(fti. D. A. Grimsley. 
 BERKELEY, Jr. (L. C), 
 
 & HARRISON (JAS. P.) 
 Hon. I. E. Branch. 
 W. T. Fitchett. 
 R. A. Ayers. 
 H. W. Thomas. 
 R. B. Berkeley. 
 J. H. H. Figgat. 
 Little & Little. 
 
 E. H. JACKSON, '80. 
 B. F. Bland. 
 
 Pettit & Leake. 
 P. P. Barbour. 
 
 F. H. Evans. 
 Bouldin & Easley. 
 M. J. Hughes. 
 
 R. C. Peotress. 
 
 G. Eastliam. 
 L. Smith. 
 
 800 
 
 776 
 
 550 
 
 1,800 
 
 7,526 
 
 100 
 307 
 500 
 400 
 
 2,058 
 900 
 
 5,010 
 
 1,200 
 500 
 100 
 
 1.850 
 300 
 621 
 
 2,648 
 50 
 
 3,000 
 512
 
 816 
 
 VIRGINIA. 
 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEyS, POPULA'n. 
 
 Hicksford 
 
 Greenville 
 
 W. S. Goodwyn. 
 
 350 
 
 Hillsville 
 
 Carroll 
 
 D. W. Bolen. 
 
 297 
 
 Independence 
 
 Grayson 
 
 J. W. Hackler. 
 
 186 
 
 Jerusalem 
 
 Southampton 
 
 W. H. Parker. 
 
 300 
 
 Jonesville 
 
 Lee 
 
 Duncan & Pennington. 
 
 277 
 
 Lancaster 
 
 Lancaster 
 
 T. G. Curbell. 
 
 150 
 
 Lawrenceville 
 
 Brunswick 
 
 Benj. Lewis. 
 
 500 
 
 Lebanon 
 
 Russell 
 
 H. A. Routh. 
 
 250 
 
 Leesbnrgh 
 
 Loudoun 
 
 E. Nichols. 
 
 1,800 
 
 Lexington 
 
 Rockbridge 
 
 SAM'L J. GRAHAM. 
 
 3,000 
 
 Liberty 
 
 Bedford 
 
 Burks & Burks. 
 
 2,500 
 
 Louisa 
 
 Louisa 
 
 F. V. Winston. 
 
 400 
 
 Lovingston 
 
 Nelson 
 
 Robt Whitehead. 
 
 300 
 
 Luray 
 
 Page 
 
 WALTON & BRO. 
 
 1,000 
 
 Lychburg 
 
 Campbell 
 
 John W. Daniel. 
 
 23,000 
 
 Madison 
 
 Madison 
 
 Kemper & McMullen. 
 
 500 
 
 Manchester 
 
 Chesterfield 
 
 David L. PuUiam. 
 
 5,729 
 
 Marion 
 
 Symth 
 
 John P. Shefifey. 
 
 1,500 
 
 Martinsville 
 
 Henry 
 
 H. G. Peters. 
 
 3,500 
 
 Mathews 
 
 Mathews 
 
 John B Donovan. 
 
 250 
 
 Montrose 
 
 Westmoreland 
 
 C. C. Baker. 
 
 200 
 
 Newbern 
 
 Pulaski 
 
 I. H. Larew. 
 
 400 
 
 New Castle 
 
 Craig 
 
 P. B. Abbott. 
 
 500 
 
 New Kent 
 
 New Kent 
 
 W. L. Barnes. 
 
 100 
 
 Norfolk 
 
 Norfolk 
 
 NEELEY & SELDNER. 
 
 30,000 
 
 Nottoway 
 
 Nottoway 
 
 Hon. W. H. Mann. 
 
 173 
 
 Orange 
 
 Orange 
 
 James L. Kemper. 
 
 1,200 
 
 Palinjnra 
 
 Fluvanna 
 
 A. A. Gray. 
 
 100 
 
 Pearisburgh 
 
 Giles 
 
 James B. Peck. 
 
 300 
 
 Petersburg 
 
 Dinwiddle 
 
 S CHAS. F. COLLIER, '48. 
 } W. P. McRAE. 
 
 22,000 
 
 Portsmouth 
 
 Norfolk 
 
 V. 0. Cassell & Son. 
 
 15,078 
 
 Powhatan 
 
 Powhaton 
 
 W. B. Smith. 
 
 175 
 
 Richmond. Henrico County. 
 
 Walter E. Addison, '85. 
 
 Population 63,803 
 
 A. B. Guigon. 911 Main Street. 
 
 See Qard in Appendix, page xxv. 
 
 fSands (Wm. H.) & Bryan (George) llth & Banks Sts. 
 
 8ee Card in Appendix, page xxv. 
 
 Rocky Mount 
 
 Franklin 
 
 Dennis & Saunders. 
 
 Rustburgh 
 
 Campbell 
 
 Frank Nelson. 
 
 Salem 
 
 Roanoke 
 
 Stables & Logan. 
 
 Saluda 
 
 Middlesex 
 
 L. C. Bristow 
 
 Smithville 
 
 Charlotte 
 
 M. M. Martin. 
 
 Spottsylvania 
 
 Spottsylvania 
 
 A. B. Rawlings. 
 
 Stafford 
 
 Stafford 
 
 C. A. Bryan. 
 
 Stanardsville 
 
 Greene 
 
 J. T. Bray. 
 
 Staunton 
 
 Augusta 
 
 5 A. C. BRAXTON. 
 } WHITE & GORDON 
 
 Stuart 
 
 Patrick 
 
 P. Bouldim, Jr. 
 
 Suffolk 
 
 Nansemond 
 
 W. J. Kilby. 
 
 Surry 
 
 Surry 
 
 A. C. Garrett. 
 
 Tappahannock 
 
 Essex 
 
 Thos. Croxton. 
 
 TazeweU 
 
 Tazewell • 
 
 A. J. & S. D. May. 
 
 Warm Springs 
 
 Bath 
 
 Wm. M. McAllister. 
 
 742 
 300 
 
 1,759 
 250 
 500 
 500 
 
 2,500 
 350 
 
 6,665 
 
 1,000 
 2,500 
 290 
 600 
 720 
 250 
 
 i
 
 VIRGINIA. 
 
 817 
 
 PLACE. COUNTY. NAMES OF ATTORNEYS. POPULA'n. 
 
 Warrenton Fauquier W. 11. Payne. 1,4G4 
 
 Warsaw Riclimond Jones & Son. '200 
 
 Washington Rappahannock F. P. Carter. 350 
 
 West Point Kin<;- "William H. I. Lewis. 3 000 
 
 Williamsburgh James City R. T. Armistead. I'oOO 
 
 Winchester Frederick BARTON & BOYD. 4908 
 
 Wise C H Wise E. M. Fulton. 'l75 
 
 Woodstock Shenandoah WALTON & WALTON 1 384 
 
 Wythe ville Wythe W. S. Poage. 2' 500 
 
 Yorktown York J. F. Hubbard. 300
 
 818 
 
 VIRGINIA. 
 
 BANKS IN VIRGINIA. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital ot one 
 bank in each county of tliis state in wliich sucli a banking institution is located. 
 
 
 
 
 PAID UP 
 
 PLACE. 
 
 NAME OF BANK. 
 
 CASHIER. 
 
 CAPITAL, 
 
 Abingdon 
 
 Bank of Abingdon 
 
 J. S. O'Neale. 
 
 6175,025 
 
 Alexandria 
 
 First National Bank 
 
 Chas. R. Hoof. 
 
 100,000 
 
 Amelia H 
 
 Planter's Bank 
 
 John A. Wallace. 
 
 31,800 
 
 Amherst C II 
 
 Bank of Amherst 
 
 F. J. Harris. 
 
 15,000 
 
 Berryville 
 
 Bank of Clarke County 
 
 J. R. Nunn. 
 
 20,000 
 
 i351acksburg 
 
 Conway & Hubbert 
 
 
 4,000 
 
 Blackstone 
 
 Citizens' Bank 
 
 W. H. Bridgeforth. 
 
 18,655 
 
 Boydton 
 
 Bank of Mecklenburg- 
 
 C. N. Williams. 
 
 14,350 
 
 Bridgewater 
 
 Farmers' Bank 
 
 J. S. Loose. 
 
 10,000 
 
 'Charlottesville Peoples' National Bank 
 
 Chas. H. Harman. 
 
 50,000 
 
 ■Chase City 
 
 Bank of Chase City 
 
 R. G. Maddux. 
 
 5,000 
 
 Chatham 
 
 Chatham Savings Bank 
 
 Richard White. 
 
 13,500 
 
 •Culpeper 
 
 Rixey Bros 
 
 
 5,000 
 
 Danville 
 
 Commercial Bank 
 
 J. L. Waring. 
 
 100,000 
 
 Farmville 
 
 Planters' Bank 
 
 W. G. Venable. 
 
 46,000 
 
 Fincastle 
 
 Bank of Fincastle 
 
 Jas. God-win. 
 
 16,000 
 
 -Franklin 
 
 Vaughn & Co 
 
 C. C. Vaughn, Jr. 
 
 10,000 
 
 Fredericksburg Nat Bank of Fredericksb'g 
 
 John A. Taylor. 
 
 50,000 
 
 Front Royal 
 
 Front Royal Nat Bank 
 
 Jas. H. French. 
 
 50,000 
 
 Harrisonburg 
 
 First National Bank 
 
 C. C. Straver. 
 
 66,000 
 
 Leesburg 
 
 Loudoun National Bank 
 
 A. DibrelL 
 
 100,000 
 
 Lexington 
 
 Bank of Lexington 
 
 C, M. Figgats. 
 
 71,200 
 
 Liberty 
 
 Bank of Bedford 
 
 T. J. Matthews. 
 
 27,000 
 
 Luray 
 
 J V. Jamison 
 
 
 20,000 
 
 Lynchburg 
 
 Lynchburg National Bank 
 
 Peter J. Otey. 
 
 250,000 
 
 Marion 
 
 Bank of Marion 
 
 E. H. Copenhaver. 
 
 57,100 
 
 Martinsville 
 
 The Henry County Bank 
 
 J. A. Brown. 
 
 15,000 
 
 Mt Jackson 
 
 Mt Jackson Nat Bank 
 
 J. F. S. Good, 
 
 50,000 
 
 Norfolk 
 
 Norfolk National Bank 
 
 C. Hardy. 
 
 400,000 
 
 Petersburg- 
 
 Nat Bank of Petersburg 
 
 C. R. Bishop. 
 
 100,000 
 
 Portsmouth 
 
 Bank of Portsmouth 
 
 E. A. Hatton. 
 
 51,000 
 
 Richmond 
 
 First National Bank 
 
 H. C. Burnett. 
 
 600,000 
 
 Roanoke 
 
 a it i( 
 
 J. W. Shields, Jr. 
 
 100,000 
 
 Rocky Mount 
 
 Franklin Bank 
 
 G. H. T. Greer. 
 
 10,130 
 
 Salem 
 
 Farmers' Nat Bank 
 
 Jas. Chalmers. 
 
 75,000 
 
 Smithfield 
 
 Farmers' & Merc'ts' Sav Bk K. K. Chapman. 
 
 5.000 
 
 Smithville 
 
 Charlotte Banking & Ins Cc 
 
 ) R. Catlett. 
 
 5,000 
 
 So Boston 
 
 Planters' & Merchants' Bk 
 
 H. Easley. 
 
 61,000 
 
 Staunton 
 
 Augusta National Bank 
 
 W. P. Tarns. 
 
 100,000 
 
 Suffolk 
 
 Farmer's Bk of Nansemond W. H. Jones, Jr. 
 
 20,000 
 
 Winchester 
 
 Shenandoah Valley Nat Bk 
 
 J. W. Rice. 
 
 100,000 
 
 Wytlieville 
 
 Farmers' Bank of S W Va 
 
 V. C. Huff. 
 
 100,000
 
 TERRITORY OF 
 
 WASHINQTON. 
 
 SUMiMAKY OF 
 
 CoivivKCTioN Laws. 
 
 Court Calendak, instructions for taking Dk;positions, IjEGai. Forms, Etc. 
 Expressly Prepareb and Revised to J^ov. 1st, 1S87, for "Showers' 
 Legal Directory and Merchants' Guide." for 1888, by 
 Edgar Lejiman, of the Walla Walla Bar, 
 
 Acknowledgments. — Deeds must be in M'riting, and attested by two wit- 
 nesses. Aekuowledgmeuts may be taken by a judge of the supreme court, 
 or clerk thereof, or the deputj^ of such clerk ; judge of the district court, or 
 a clerk thereof, or the deputy of such clerk ; judge of the jirobate court, jus- 
 tice of the peace, county auditor, or a deputy t)f such auditor, or a notary 
 public. Acknowledgments of deeds or conveyances may be executed or ac- 
 knowledged in any other state or territory of the United States, in the form 
 prescribed for executing and acknowledging deeds within the territory, and 
 the execution thereof may be acknowledged before any officer authorized 
 thereto in the state or territory wherein the acknowledgment is taken, or be- 
 fore any commissioner appointed by the governor of this territory for such 
 purpose; and if not •acknowledged before a commissioner for this territory, 
 or a clerk of a court of record, or notary jjublic, or other officer having a seal, 
 said acknowledgment shall have attached thereto a certificate of a clerk of a 
 court of record, or other certifying officer, that the person whose name is 
 subscribed to certificate was, at the date thereof, such officer as he repre- 
 sents himself to be ; that he is authorized by law to take acknowledgments 
 of deeds, and that he verily believes the signature of the person subscribed 
 thereto to be genuine ; in any foreign country, before any minister plenipo- 
 tentiary, charge d'aft'aires, consul-general, vice-consul or commercial agent 
 of the United States, or before the proper officer of any court of said coun- 
 try, or the mayor or chief magistrate of a city, town or other municipal cor- 
 poration therein, and must be certified by such officer, under his official seal, 
 if any he has; and such certificate shall recite, in substance, that the instru- 
 ment was acknowledged by the person or persons whose name or names are 
 signed thereto as grantors or principal, before him as such officer, with the 
 date of such acknowledgment ; and such certificate shall be j^/'iwa/'a'/e evi- 
 dence of the facts recited therein. 
 
 Actions. — All distinctions in fonns of actions and suits are abolished. 
 
 Every action must be prosecuted in the name of the real party in interest, 
 except that an administrator, executor, guardian or trustee of an express 
 trust may sue without joining the person for whose benefit the action is 
 prosecuted. 
 
 A trustee of an express trust shall be construed to include a person with 
 whom, or in whose name, a contract is made for the benefit of another. 
 
 The widow and children (or children, if no widow) of a man killed in a 
 
 [Wash. T. 1.]
 
 8i0 WASHINGTON TERRITORY. 
 
 duel shall have a right of action against the slayer, and against the seconds 
 and all, aiders and abettors, for damages, such as a jury may deem reason- 
 able. And in all cases where the death of a person is caused by the wrong- 
 ful act or neglect of another, his heirs or legal representatives may maintain 
 an action for damages against the person causing the death, and the jury may- 
 give exemplary damages. 
 
 Every husband, wife, child, parent, guardian, employe or other person 
 who shall be injured in person or property by any intoxicated person, or in 
 consequence of the intoxication, habitual or otherwise, of any person, shall 
 have a right of action against any person who, by selling or giving intoxi- 
 cating liquors, may have caused the intoxication, in whole or in part, of such 
 person. A married woman may bring this action in her own name and re- 
 cover for her separate use. In the case against a saloon-keeper, a lien is 
 given against tlie premises upon which the liquor is furnished, for the en- 
 forcement of the judgment. 
 
 Any person losnig money or other thing of value at gaming shall have a 
 right of action to recover from the winner the amount or value of the thing 
 lost. 
 
 Administration. — Estates of persons dying intestate shall be administered 
 upon by the probate court upon ajiplication of the surviving husband, or 
 wife, or such person as he or she may request to have appointed. To, the 
 next of kin in the following order: 1. Child or children. 2. Father or 
 mother. S. Brothers or sisters. 4. Grandchildren. To one or more of the 
 principal creditors. Provided, that if no petition for letters of administra- 
 tion are presented within forty days after death of the intestate, then the 
 probate court may appoint any competent person to administer sucli estate. 
 Api^lication for letters of administration shall be made by petition in writing, 
 signed by the applicant, or his attorney, setting forth facts essential to giving 
 the court jurisdiction of the case, accompanied with an affidavit, stating the 
 names of the heirs of the deceased and their places of residence, and that 
 the deceased died without a will. 
 
 Upon such application for letters of administration, notice must be given 
 by causing notices to be posted in three public places in the county, one of 
 which must be at the place where the court is held, containing the name of 
 the decedent, name of the applicant, and the time at which the applicant 
 will be heard. Such notice must be given at least ten days before hearing. 
 Upon the appointment of the executor, or administrator, he shall have pub- 
 lished, in some newspaper printed in the county, a notice to creditors of the 
 deceased, requiring all persons having claims against the deceased to present 
 them, supported by affidavit, that the claim is correct and that there is no 
 off-sets to said claim to the knowledge of the affiant; such notice shall be 
 published not less than once each week for four weeks. If the claim be not 
 presented within one year from the first publication of the notice it is barred. 
 
 Wills shall be proved and letters testamentary, or of administration, shall 
 be granted : 1. In the county of which deceased was a resident or had his 
 place of abode at the time of his death. 2. In the county in which he may 
 have died, leaving estate therein, and not being a resident of the territory. 
 3. In the county in which any part of his estate may be, he having died out 
 of the territory and not having been a resident thereof at the time of his 
 death. Every person to whom letters testamentary, or of administration, 
 are directed to issue, must execute a bond to the territory of "Washington, 
 with two or more sureties, to be approved by the probate judge, in a sum 
 not less than double the value of the personal property, and twice the 
 amount of the probable annual rents of the real estate. Wills providing for 
 the settlement of the estate without the assistance of the probate court, it 
 shall not be necessary to take out letters testamentary, or of administration, 
 except to admit to probate such will in the manner provided by law. 
 
 AfB.davitS. — May be taken before the following officers : judges of the dis- 
 trict courts or their clerks, judges of probate, justices of the peace, notaries 
 public and auditors of counties. 
 [Wash. T. 2.]
 
 WASHINGTON TERRITORY. 821 
 
 Aliens. — Who have not declared their hitention to become citizens of the 
 United [States cannot acquire or hold real estate, except that acquired by in- 
 heritance, or in good faith in the ordinary course of business m collecting 
 debts. Existing titles to property arc not att'ected. 
 
 Appeals. — Any i)orson desiring to remove a cause from any district court, 
 may do so, either in person or by his attorney, in the following manner : 
 Notice may be given in open court, or at chambers, that he* appeals such 
 cause to the supreme court of the territory. Such notice shall be entered in 
 the journal of the court, anil no other service, or notice of process shall be 
 required ; thereupon the clerk of the court shall make and ceitify a full and 
 complete transcript of the cause appealed, including the journal entries 
 thereunto appertaining, and cause such transcript to be filed with the clerk 
 of the supreme court, within the time allowed by law ; and thereupon, the 
 supreme court shall have complete and perfect jurisdiction of such cause. A 
 state of facts may be agreed to by the attorneys, and signed by the court, 
 upon thirty days' notice being given the opposite party. If a disagreement 
 occurs, the court or judge shall settle what the projjer statement is as be- 
 tween the parties. The supreme court shall hear and detennine all causes 
 removed thereto, upon the merits thereof, disregarding all technicalities. The 
 notice of appeal may be given at anytime within six months after the rendi- 
 tion of the judgment order or decision intended to be removed to the supreme 
 court. 
 
 Arrest. — Debtors in a civil action may be arrested by order of the court in 
 which the action is brought, or a judge of the supreme court, when the ac- 
 tion arises out of tort or upon final judgment when the defendant has money 
 which he might apply to the payment thereof, but which he refuses to do, 
 and which cannot be reached by execution. The plaintiff must make affi- 
 davit of facts, sufficient to allow him a warrant for the defendant, and exe- 
 cutes a bond conditioned to pay defendant all damages adjudged by the court. 
 The board of defendant must be paid by plaintiff. 
 
 Assignments. — All creditors are alike in this territory, there being no pre- 
 ference to any class. A debtor cannot get a release from his debts by the con- 
 sent of a majority of his creditors. When the assignment embraces all the 
 debtor's property u])cm jtetition to district court, in absence of fraud, he will 
 be discharged from all his debts. 
 
 Attachment and Garnisliment. — Tlie plaintiff, at the time of commencing 
 an action, may have the property of the defendant or defendants for the satis- 
 faction of such judgment as he may recover attached, by filing a bond or 
 undertaking with two or more sureties, in a sum not less than three hun- 
 dred doUai's, in the district court ; nor less than fifty dollars in a justice's 
 court, and double the amount for which plaintiff demands jvidgment, condi- 
 tional that the plaintiff will prosecure his action without delay, and will pay 
 all costs that may be adjudged to the defendant, and showing by affidavit 
 that the defendant is indebted to the plaintift', (specifying the amount of such 
 indebtedness over and above all offsets), and tliateither : 1st. The defendant 
 is a foreign corporation ; or 2d. That the defendant is not a resident of the 
 territory ; or 3d, That the defendant conceals himself that the ordinary pro- 
 cess of law can not be served u])on him ; or 4th. That the defendant lias ab- 
 sconded or absented himself from his visual place of abode in this territory, 
 BO that the ordinary i)rocess of lawcamiot be served upon him ; or 5th. That 
 the defendant has removed or is about to remove any of liis property from 
 this territory with intent to delay or defraud his creditors : or 0th. That the 
 defendant has assigned, .secreted or disposed of, or is about to assign, secrete 
 or dispose of, any of his jjroperty witli intent todelay or defiaud his creditors ; 
 or 7th. That the defendant is about to convert his property, or a part there- 
 of, into money, for the jmrpose of placing it beyond the reach of his credi- 
 tors ; or 8th. That the defendant has been guiltv of fraud in contracting the 
 
 [Wash. T. 3.)
 
 822 WASHINGTON TEKRITORY. 
 
 debt or incurring the obligation for wliicli the action is brought ; or 9th. 
 That the damages for which the action is brought, are for injuries for the 
 commission of some felony, or for the seduction of some female. 
 
 Bills of Exchange and Promissory Notes.— (See u^fotes and Bills of 
 Mxchange.) 
 
 Chattel Mortgages. — All kinds of personal property may be mortgaged. 
 All mortgages on personal property must be accompanied by an affidavit of 
 the mortgagor, that it is made in good faith and without any design to hin- 
 der, delay or defraud creditors, and must be acknowledged and recorded in the 
 same manner as is required by law, in conveyances of real property, or they 
 will be void against the mortgagee's creditors or subsequent purchasers. 
 
 A mortgage of personal property must be recorded in the office of the 
 county auditor, in the county in which the mortgaged i^roperty is situated, in 
 a book kept exclusively for that purpose. 
 
 Any person having mortgaged property, who shall remove the same from 
 the county where it is situated at the date of the mortgage, before it is duly 
 released, or without the consent in writing of the mortgagee, shall be deemed 
 guilty of a misdemeanor; (R. C, § 1999). Any mortgages of personal pro- 
 perty, when the debt to secure which the mortgage is given, is due, or, if the, 
 debt is not yet due, and the mortgagee has reasonable ground to believe that 
 his debt is insecure, or he is in danger of losing his debt, or security may be 
 foreclosed by notice and sale ; or it may be foreclosed by action in the dis- 
 trict court in the county in which the property is situated. 
 
 In a mortgage of personal property exempt from execution, the husband 
 and wife must join. 
 
 Collections. — All accounts transmitted for collection, should be made out 
 in detail, and verified by the oath of the claimant. All accounts bear inter- 
 est after due, whether presented or not. Accounts against the estates of de- 
 ceased persons must be accompanied by the affidavit of the claimant, to the 
 effect that the amount claimed is correct, and that no part of the same has 
 been paid. That in all judgments or promissory notes, and similar instru- 
 ments in writing, whether secured by mortgages or not, an attorney's fee 
 may be allowed when specifically contracted to be paid, by the terms of the 
 notes or mortgage, nor to exceed as follows ; Five per cent, on all sums of" 
 more than one thousand dollars, and less two ; and three per cent, on all 
 sums m excess of two thousand dollars. Provided the court may allow a 
 less sum. 
 
 Corporations. — Domestic Corporations may be formed for the purposes of 
 manufacturing, mining, milling, wharfing and docking, meclianical, bank- 
 ing, merchantile, improvement and building purposes, for the purpose of 
 building and running railroads, or constructing canals, or any other species 
 of trade, by two or more persons, who shall make and subscribe articles of 
 incoi"poration in triplicate, and file one of such articles with the secretary of 
 the treasury, another in the county auditor's office in the county in which 
 the company's principal place of business is located, and retain the third in 
 possession of the company. Said articles of incorporation must contain the 
 name, object, amount of capital stock, the time of its existence, not to ex- 
 ceed fifty years, the number of shares, the number of tiitstees with their 
 names, and the name of the city or place where the company is to be located. 
 Three-fifths of the stock subscribed must be paid in before commencing 
 business. Each stockholder is personally liable to the creditors of the com- 
 pany to the extent of what remains unpaid upon his si^bscription to the capi- 
 tal stock and not otherAvise, except stockholders of banks, who are held re- 
 sponsible equally and notably for all contracts and debts accruing while they 
 remain stockholders, to the extent of their stock therein, in addition to the 
 amount invested in each share. Corporations for a college, seminary, church, 
 library, benevolent, temperance, charitable or scientific society may be 
 formed. 
 
 [Wash. T. 4.]
 
 WASHINGTON TERRITORY. 823 
 
 Foreign, corporations may purchase, hold, and dispose of real and persouai 
 property, and transact business generally, within Washington territory, the 
 same as tloniestio corporations, by tirst tiling a certititnl copy oi" its cliarter, 
 or its certificate of incorporation, in tiie olhce of the secretary of the treas- 
 ury and establishing an agent in the territory, to reside where tlie business 
 of the corporation is to be carried on. A duly executed appointment of the 
 agent by the corpoiation must be filed in the secretary of tlie treasurer's 
 office. Corporations may appropriate lands to their own use, by process of 
 law, for corporate purposes. No corporation, except those organized for 
 construction or operation of railroads, canals, or turnpike, are permitted to 
 «>wn more than five thousand acres of land in AVashington territory. Rail- 
 roads can not hold more laud than is necessary for the operation of their 
 business, except grants made by Congress. Disability is not imposed affect- 
 ing laud now iwssessed. 
 
 Costs. — When the plaintiff" in an action resides out of the district, or 
 county, or is a foreign corporation, the defendant may demand security for 
 costs and disbursements, which may be awarded against such plaintiff; 
 whereupon all proceedings in the action shall be stayed until a bond, exe- 
 cuted by two or more qualified persons, be filed with the court, conditioned 
 that they will pay such costs and disbursements as may be awarded against 
 the plaintiff. Either plaintiff or defendant removing fi'om the county or dis- 
 trict in which an action has been instituted, may be required to furnish a 
 good and sufficient bond upon demand of the other party, conditioned for 
 the payment of such costs that may be taxed against him. 
 
 Courts. — Terms and Jurisdiction : 
 
 Supreme Court. — The jurisdiction of the supreme court extends to all 
 Judgments appealed from courts of record, and has original jurisdiction over 
 habeas corjjus cases. 
 
 District Courts. — Original jurisdiction is given to the district courts in all 
 actions at law and suits in admiralty and equity, except probate matters and 
 forcible entry and detainer. They also have supervision of matters before 
 probate courts, justices of the peace, and other inferior tribunals, by man- 
 damus, prohibition and certioi'ari. Appellate jurisdiction extends to all 
 judgments appealed from inferior courts. 
 
 Probate Courts. — Probate courts have exclusive original jurisdiction over 
 matters affecting wills, .settlement of decedents' estates, appointment of 
 guardians for orphans and persons of unsound mind, and matters of probate 
 generally. 
 
 Justice Courts. — Each voting i)recinct is entitled to one justice of the 
 peace, who is elected for two years, and must liold his office in the precinct 
 in which he is elected. Civil jurisdiction of tlie justices of the peace ex- 
 tends to all acti(ms wherein the am<>mit (k)es not exceed $300, except actions 
 affecting the title to real estate, and for false imprisonment, libel, slander, 
 malicious prosecution, criminal conversation and seduction, and action 
 against executors. Criminal jurisdiction of justices of the jteace extends to 
 misdemeanors where tlie offense is not punishable by imprisonment or by 
 fine, not exceeding $;?00. In otlier crimes and misdemeanors lie acts as a 
 committing magistrate. 
 
 Court Calendar. — 
 
 supremp: court. 
 
 Tprnis—Are hold annually at Olympia, commencing the 1st Monday in Jannary. 
 PROBATK COURTS. 
 
 7V?v)i.?— Six regular torms arc hold each year, coniraonoina; rospcotively on tlie 
 4th Mondays of January, March. .May, July, Soi)teiut)er and November. 
 
 [Wash. T.o.)
 
 824 WASHINGTON TERRITORY. 
 
 DISTRICT COURTS. 
 Counties. Where Held. Dist. Time. 
 
 Adams Sprague 4 1st Mon. of May and Nov. 
 
 Asotin Pomeroy 1 8d Mon. of March and 1st Mon. Oct. 
 
 Uliehalis Chehalis 2 2d Mon. of May and Sept. 
 
 Clallam FortTownsend . d 4tli Mon. of March and Oct. 
 
 Clarke Victoria 2 1st Mon. of April and 2d Mon. Nov. 
 
 Columbia . . . .Dayton 1 1st Mon of Feb. and 3d Mon. Sept. 
 
 Cowlitz Cowlitz 2 4th Mon. of April and Oct. 
 
 Douglas Sprague 4 1st Mon. of May and Nov. 
 
 Franklin .... walla Walla . . 1 2d Mon of May and 4th Mon. Nov. 
 
 Garfleld Pomeroy .... 1 3d Mon. March and 1st Mon. Oct. 
 
 Island Port Townsend . 3 4th Mon. of March and Oct. 
 
 Jeflferson .... Port Townsend . 3 4th Mon. of March and Oct. 
 
 King Seattle 3 1st Mon. of Feb. and last Mon. of May and 
 
 Aug. 
 
 Kitsap Seattle 3 1st Mon. of Feb. and last Mon. of May and 
 
 Aug. 
 
 Kittitass EUensburgh . . . 4 4th Mon of March and Sejit. 
 
 Klikitat Goldendale ... 4 4th Mon. of April and Oct. 
 
 Lewis Chehalis 2 1st Mon. of May and 3d Mon. Aug. 
 
 Lincoln Sprague 4 1st Mon. of May and Nov. 
 
 Mason Olympia 2 1st Mon. of June and Dec. 
 
 Pacific Oysterville ... 2 1st Mon. of March and last Mon. of Aug. 
 
 Pierce Tacoma 2 4th Mon. of Feb., June and Sept. 
 
 San Juau . . . . Port Townsend . 3 4th Mon. of March and Oct. 
 
 Skagit La Conner .... 3 4th Mon. of April and 1st Mon. Dec. 
 
 Skamania . . . .Victoria 2 1st Mon. of April and 2d Mon. Nov. 
 
 Snohomish . . .Snohomish ... 3 3d Mon. of May and Dec. 
 
 Spokane .... Spokane 4 3d Mon. of May and Nov. 
 
 Stevens Colville 4 2d Mon. of June. 
 
 Thurston . . . .Olympia 2 1st Mon. of June and Dec. 
 
 Wahkiakum . . Cowlitz 2 4th Mon. of April and Oct. 
 
 Walla Walla . . Walla Walla . . 1 2d Mon. May and 4th Mon. Nov. 
 
 Whatcom . . . .Whatcom .... 3 2d Mon. of March and Oct. 
 
 Whitman .... Colefax 1 2d Mon. June and Dec. 
 
 Yakima Yakima 4 2d Mon. of April and Oct. 
 
 Deeds. — Deeds must l)e in writing, signed and sealed by the party bound 
 thereby, witnessed by two witnesses, and acknowledged by the party mak- 
 ing it, l)efoie some person authorized by the law.s of this territory to take ac- 
 knowledgment of deeds. 
 
 The property and pecu.niary rights of every married person at the time of 
 their marriage, or afterward acquired by gift, devise, or inheritance, with 
 rents, issues and profits thereof, shall remain his, or her, separate property, 
 and may sell, lease, convey, encumber, or devise by will, such property as 
 fully and to the same effect as though he, or she, was unmarried. 
 
 All notes, bills, bonds, mortgages, or other securities, or other convey- 
 ances, the consideration of which shall be money or other things of value 
 won at playing any game of cards, dice, or any other device, J shall be void 
 and of no effect, as between the parties to the same and all other persons, 
 except holders in good faith, without notice of the illegality of sucli convey- 
 ance, or contract. — (See Acknowledgments.) 
 
 Form, deed and acknoidedgment. 
 
 TJd8 Indenture^ Made this • day of , in the year of our Lord, 
 
 one thousand eight hundred and — , between , the part — of the 
 
 finst part, and , the part — of the second part, witncsseth : That the 
 
 said part — of the first part, for and in consideration of the sum of 
 
 dollars, gold coin of the United States, to in hand paid by the said part — 
 
 of the second part, the receipt whereof is hereby acknowledged, and do — , 
 by these presents, grant, bargain, sell, convey and confirm unto the said 
 part — of the second part, and to heirs and assigns, the following de- 
 scribed tract or parcel of land, sititate, lying and being in the county of 
 
 , and territory of Washington, and particularly bound and described as 
 
 follows, to wit : 
 
 (Here describe property.) 
 
 Together with all and singular the tenements, hereditaments and, appurte- 
 nances thereto belonging or in anywise apnertaining. 
 [Wash. T. fi.l
 
 ss. 
 
 WASHINGTON TERRITORY. 825 
 
 To have and to hold the said premises, with the appurtenances, unto the 
 
 .said i)ai1:^ — of tlie second part, and to lieirs and assigns forever. And 
 
 the said i)art — of the tirst part, for heirs, executors and administrators, 
 
 do — covenant and aj^ree to and with tlie said part — of the second part, 
 
 heirs and assif^ns, that the said premises in the quiet and peaceable possession 
 
 of the said part — of the second part, heirs and assigns, against the said 
 
 pait — of the first part, and all and every person or persons whomsoever, law- 
 fully claiming, or to claim, tlie same by, through or under the said part — of 
 the first part, sliall and will warrant, and by these presents, forever de- 
 fend. 
 
 Li witness tohereof. The said part — of the first part, ha — hereunto set — 
 hand — and seal — , the day and year first above written. 
 
 Signed, .sealed and delivered in presence of ) r^^.r i 
 
 " ' '■ f . [SEAL. J 
 
 ~ ' I , [seal.] 
 
 Ackhi>irlcO.(jme>it. 
 
 Territory op Washingtox, \ 
 County of . *» 
 
 I, (here give name of officer and official title), do hereby certify that on 
 
 this day of , A. D. ly — , personally appeared before me, (name 
 
 of grantor, and if acknowledged by wife, her name, and add "his wife"), to 
 me known to be the individual (or individuals) described in, and who exe- 
 cuted the within instrument, and acknowledged that he, (she or they) signed 
 and sealed the same as (his, her or their) free and voluntary act and deed for 
 the uses and purposes therein mentioned. 
 
 Given under mv hand and official seal this day of .xi. D.. 
 
 18—. 
 
 [seal.] (Signature of the officer.) 
 
 It is not necessary to take the acknowledgment of the wife .separate and 
 apart from the husband, except as to mortgages of the homestead. 
 
 Mortgages of land may be in the following fonn, substantially : The mort- 
 gagor, (here insert name or names) mortgages to (here insert name of mort- 
 gagee), to secure the payment of (here recite the nature and amount of in- 
 debtedness, showing when due, rate of interest, and whether secured by note 
 or not) the following described real estate : (here insert description.) situate 
 
 in the county t)f , Washington territory. 
 
 Dated this day of , 18—. [seal. ] 
 
 The parties may insert in such mortgage, any lawful agreement or con- 
 dition, not usurious or unconscientious. No mortgage is valid against the 
 wife of any mortgagor, who may be occupying the homestead with him, un- 
 less she shall freely and voluntarily, separate and apart from her husband, 
 sign and acknowledge said mortgage, and the officer shall fully appraise her 
 of her rights and the eflfects of signing such mortgage. 
 
 Territory of "Washington, ^ 
 
 Affidavit. 
 
 !s.shington, j 
 
 County of . $ ' 
 
 , the mortgagor — in the foregoing mortgage named, being duly 
 
 sworn, doth depose and say that the aforesaid mortgage is made in good 
 faith, and without any design to hinder, delay or defraud creditors. 
 
 {Sirjnature.) 
 
 Subscribed and sworn to befure me, tliis day of , A. D. . 
 
 , Notary Public. 
 
 [Wash. T. 7.]
 
 826 WASHINGTON TERRITORY. 
 
 Acknowledgments. 
 Terkitory of Washington, } 
 
 County of . ^ 
 
 ss. 
 
 On this day of , A. D. 18 — , before me, personally came , 
 
 to me known to be the individual described in, and who executed, the within 
 
 insti-ument, and acknowledged that signed and sealed the same as 
 
 free and voluntary act and deed, for the uses and purposes therein mentioned. 
 
 Witness my hand and official seal, the day and year in this certificate first 
 above written. 
 
 , Notary Public. 
 
 Descent and Distribution. — Real estate, the separate property of persons 
 dying intestate, descends as follows : If but one child svirvives, equally be- 
 tween the child and the surviving husband or wife. If there is more than 
 one issae, then one-third to the surviving husband or wife, and the remain- 
 ing two-thirds to the children, in equal shares. If there be children and de- 
 scendants living, they take according to the right of representation. If dece- 
 dent leaves no issvie, one-half goes to the survivor, and decedent's fatlier and 
 mother respectively; but if no father nor mother, then one-half goes to the 
 brothers and sisters. If there be no survivor, nor children, the estate goes 
 to decedent's father and mother. If there be Jio survivor, nor children, nor 
 parents of decedent living, then to decedent's brothers and sisters. If there 
 be no children, nor parents, nor brothers nor sisters, then tha whole goes to 
 the survivor. If the decedent leaves no survivor, nor parents, nor children, 
 nor brothers nor sisters, the estate goes to the next of kin, in equal degrees, 
 except when there are two or more collateral kindred in equal degrees, but 
 claiming through different ancestors; those claiming through the nearest an- 
 cestor are preferred. If the decedent leaves no survivor nor kindred, the 
 estate escheats to the territory. 
 
 Community Property shall first be subject to community debts, after pay- 
 ment of which, one-half jiasses to the survivor, and the other half passes ac- 
 cording to testamentary disposition. If there be no testamentary disposi- 
 tion, then one-half passes to the heirs of his or her bodies. If there be no 
 issue, then the community property passes to the survivor, to the exclusion 
 of collateral heirs. 
 
 Pei'soHul Property, the separate property of persons dying intestate passes 
 as follows: 1st. To the widow, if any, shall be allowed all wearing apparel, 
 and provisions and necessities for herself and family, according to the de- 
 gree and estate of her husband, this allowance is made whether provision is- 
 raade by will for widow or not ; 2d. To the payment of decedent's debts ; od. 
 The residue, if any, shall be distributed as provided for the distribution of 
 real estate, except if decadent leaves a husband and one issue, one-half passes 
 to the husband. If there be no issue, the whole passes to the husband. {See 
 Divorce). 
 
 Depositions. — The testimony of a witness may be taken to be read in evi- 
 dence, in an action pending in any court in this territory, when the witness 
 resides out of the disti'iet, and more than twenty miles from the place of 
 trial ; when the witness is about to leave the district, and go more than 
 twenty miles from the jilace of trial ; when the witness is sick and unable to 
 attend the trial ; when the witness resides out of the territory. The deposi- 
 tions may be taken before any judge of the district court, justice of the 
 peace, clerk of the suj)reme or district court, mayor of a city or notary public 
 in Wasliington Territory, by serving on the adverse party three days' pre- 
 vious notice, and in addition thereto, one day, Sundays excepted, for every 
 ten miles of distance from the place of examination to the residence of the 
 person on whom notice is given, stating the time and place of examination ; 
 or without the territory, before a judge, justice, chancellor, or clerk of any 
 court of record, a justice of the peace, notary public, mayor or chief magis- 
 [Wash. T. 8.]
 
 WASHINGTON TERRITORY. 827 
 
 tratc of any city or town, or any person authorized by a special commission 
 from any court of tliis territory, l)y serving on the adverse party, a written 
 notice of the time and place of taking the same, giving the i)arty time to 
 appear, and one day for jireparation, exchisive of Sunday and day of ser- 
 vice. The deposition sliall be reduced to writing in the officer's presence, 
 and may be by question and answer, or a nanative fonu, and when com- 
 pleted shall be read to or by the witness, coirected if desired, and subscribed 
 by him, and certified by the officer as follows : 
 
 Territohy of "Washington, ? 
 
 County op . I **' 
 
 I, A. B., (clerk, judge or justice, as the case may be,) do hereby certifjr 
 that the above deposition was taken by mc, and reduced to writing by my- 
 self, (or witness, as the case may be,) at , in said county, on the day 
 
 of , 18 — , at o'clock, in pursuance of notice hereto annexed ; 
 
 that the above named witness, before examination, was sworn (or affinned) 
 to testify the truth, the whole truth, and nothing but the tnith, and that the 
 deposition was carefully read to ((;r by) said witness, and then subscribed by 
 him. 
 
 Dated at , the day of 18S-. 
 
 A. B., (Justice of (he peace.) 
 
 The deposition shall be enclosed in a sealed envelope, by the officers, and 
 directed to the clerk of the court, arbitrator, or referee, or justice of the 
 peace, before whom the action is pending. 
 
 Divorces. — The following are causes for a divorce : When consent to the 
 marriage was obtained by force, or fraud, and there has been no subsequent 
 voluntary cohabitation ; for adultery, when unforgiven and the application is 
 made within one year after knowledge of the act ; impotency ; aband(niment 
 for one year ; citiel treatment, or personal iniquities rendering life burdensome; 
 habitual diimkenness, or refusal of husband to support family ; imprisonment 
 in the penitentiary if complaint is made during imprisonment ; incurable 
 chronic mania, having existed for ten years or more, and for any other cause 
 by the couit deemed sufficient, the court being satisfied that the jiarties can 
 not longer live together. The complainant must have been a resident of the 
 territory one year, or more, immediately preceding the filing of the com- 
 plaint. The court, or judge, during the pending of the action may make, 
 and by attachment enforce, any and such orders relative to the expenses of 
 the suit as will insure a fair and impartial trial, and on final decree may re- 
 quire the husband to pay all the expenses of the wife in the prosecution or 
 defence. The court may also make such disposition of the property and 
 provision for the children as shall be by him deemed right and proper. 
 Estates in dower and tenancy by curtesy arc abolished. 
 
 Dower. — (See Divorce.) 
 
 Evidence. — All persons arc competent to give testimony, except in the fol- 
 lowing cases : Persons who stand convicted of jierjuryand liave not been 
 pardoned ; persons of unsound mind, or intoxicated at the time of ])roduc- 
 duction; children under ten years of ago, who appear incapable of relating 
 the facts upon whicli they desired to be examined; a husband against his 
 "Wife and transvei'sely, withont the othcis consent. This exemption does not 
 apply to civil cases ; an attorney (tr counsellor against his client, without the 
 clients consent ; a clergyman or priest against ])ersons making to them con- 
 fessions in their professional ca]>acity ; a i)hysician or sui-geon against his 
 patients, witliout i)atient's cimsent ; a ])ublic officer against persons making 
 communications to him in official confidence. The subpoena of a witness- 
 requires his personal attendance and may i-eqnire him to bring any books, 
 papers, documents <u- thing vuider his control, except public recoids required 
 
 [Wash. T. 9.]
 
 828 WASHIXGTOX TERRITORY. 
 
 by law to be kept in some particular place, A party to an action may be 
 examined as a witness by the adven:e party, or interrogations maybe filed to 
 be answered upon oath by the adverse party for the disccivery of facts and 
 docnmeuts material to the issue. 
 
 Execution. — May be had at any time within five years after judgment 
 rendered. Real property sold thereunder may be redeemed withm six 
 months. Stay is allowed : In the supreme court, under $500, thirty days ; 
 $500 to $1,500. sixty days; above $1,500. ninety days. In district courts, 
 under $300, two months ; $300 to $1,000, five months ; over $1,000, six months. 
 
 Exemptions. — A liomestead not to exceed in value one thousand dollars 
 (cash) embracing the dwelling house in which the family reside. All wear- 
 ing apparel, private libraries not to exceed five hundred dollars. To each 
 householder goods and fixtures not to exceed five hundred dollars in value. 
 Stock animals or fowls not to exceed $250 in value. To a fanner one span 
 of horses, or mules, with harness, or two yoke of oxen, with yoke, and one 
 wagon ; also farming utensils actually used about the farm, not to exceed 
 $500 in value ; also one hundred and fifty bushels of wheat ; one hundred 
 and fifty bushels of barley ; fifty bushels of potatoes ; ten bushels of onions 
 for seeding purposes. To a mechanic the tools and instruments used to 
 carry on his trade, and material used not exceeding in value $500. To a 
 physician, his libraiy, not exceeding $500 in value ; also horse, harness and 
 buggy ; instruments used in his practice and medicines not exceeding $250 
 in value. 
 
 Insolvent Laws. — Insolvents may be discharged from their debts upon 
 executing an assignment of all their property for the benefit of their credi- 
 tors, if made without fraud, by due process of law. The insolvent must pe- 
 tition the judge having original jurisdiction in the district of the insolv- 
 ent's domicil, showing the circumstances which comjiel him to surrender his 
 property to his creditors and asking for a cession of his estate and to be dis- 
 charged fit)m his debts. The petition must be accompanied with summary 
 statement of insolvent, showing his losses svistained, his creditors names ; 
 the amount due each creditor, together with the cause and nature of such 
 indebtedness and when it accrued ; and the statemexit of any existing judg- 
 ment mortgages, collateral or other securities, for the payment of svich debt. 
 Also showing a full and perfect inventory of all his property, and moneys 
 on hand, with a complete statement of all the encumbrances upon the prop- 
 erty of insolvent. The statement must be signed by the debtor and swoni 
 to before the judge having jurisdiction of the proceeding. Upon receiving 
 the petition, schedule and affidavit the judge issues an order to the creditors 
 to show cause, if any they can, why an assignment should not be made and 
 the debtor discharged from his debts. The insolvent must, on or before the 
 meeting of the creditors, deliver to the court all the books aud papers, 
 together with all vouchers, notes, bonds, bills, securities, and other evi- 
 dences of del)t, to be delivered to the assignees. Upon granting the order 
 for the meeting of the creditors, the judge shall direct the clerk of the court 
 to issue a notice, calling the creditors of the insolvent to appear within 
 thirty days from the date of the notice, before such judge, to show cause why 
 the insolvent's prayer should not be granted. The notice must be published 
 at least thirty days in county newspaper in which the application is made. 
 Upon ordering the meeting of the creditors the judge must order a stay of 
 proceedings by tlie creditors. Upon the creditors meeting and certifying to 
 the truth of their claims, by affidavit, they shall appoint not more than three 
 assignees to receive and dispose of the property, who shall execute a bond 
 to the creditors, with one or more sureties, for a faithful performance of 
 duties. The assignees, upon order of the court, sell all of the debtor's prop- 
 erty upon giving twenty days' notice. Every accusation of fraud against the 
 debtor shall be tried by a jury. If found guilt j% he is forever deprived of 
 the benefits of the insolvent law. If the charge proves to be unfounded he 
 [Wash. T. 10.]
 
 WASHINGTON TERRITORY. 829 
 
 is discharfjed from all his debts. The judge must set apart such jjiopeity to 
 the debtor's use and benefit as is exempt by law. 
 
 Interest. — The legal rate of interest is ten per cent, per annum ; any rate 
 of interest agreed upon in writing shall be valid. Judgments bear legal in- 
 terest from date, except when rendered ui)on an express contract in writing, 
 wherein a difierent rate is agreed u^jou, in which case the judgment bears 
 the same rate. 
 
 Judgments. — Judgments bear the legal rate of interest from the date of 
 their rendition ; if upon a written contract, to draw the same rate of inter- 
 est specified in such written contract. In order that a judgment may be a 
 lien upon the real estate of the judgment debtor, a transcript of the judg- 
 ment must be filed in the office of the county auditor of the county in wliich 
 the land is situated. Judgments, or parts thereof, remaining unsatisfied at 
 the end of five years, from rendition, may be continued upon affidavit and 
 motion of the judgment creditor, or his assignee, setting forth facts neces- 
 sary to give jurisdiction, upon proof being made that such judgment, or part 
 thereof, remains unsatisfied. The judgment debtor mu.-t be served with 
 notice or summoned to appear, and served with copy o{ motion. The jiulg- 
 ment will continue for five years from rendition thereof, in like manner as 
 original judgments. 
 
 Liens. — All steamers, vessels, and boats, together with their equipments, 
 are liable : 1st. For services rendered on board. 2d. For supplies fur- 
 nished. 3d. For work done for their construction or repair. 4th. For 
 wharfage and anchorage. 5th. For non performance of any contract for 
 transportation. Cth. For injuries committed to person or property. De- 
 mands for these several causes constitute liens upon the steamers, vessels 
 and boats, and their equipments, and have priority in the order above enum- 
 erated, and contimxe for a period of three years. Persons performing labor 
 in securing saw-logs, spars, piles or other timbers, have a lien ujjon the s;unc 
 for their services. Also persons assisting in manufacturing ^ a>v-logs into 
 lumber have a lien upon the lumber wlaen in the mill yard. ^Ufidavit of 
 services, and claim of lien must be filed in the county auditor's ofiice, in the 
 county where the services were rendered, within thirty days after completion 
 of the work, or services rendered, and remains in full i'orce for eight calen- 
 dar mcmths. 
 
 Persons performing labor or furnishing material to be used in construc- 
 tion, alteration or repair of a mining claim, building wharf, bridge, ditch, 
 fiume, or any other structure, has a lien upon the same to the extent of the 
 work done or materials furnished ; and every contractor, having charge of 
 the construction, is held to be the agent of the owner of the property as 
 affects the attachment of the lien. The land upon which the building or 
 improvement is constnicted is also subject to the lien if the property belong 
 to person constructing the building or improvement. The person claiming 
 a lien must, within sixty days after a completion of services, file, in the 
 county auditor's office in which the proi)erty is situated, an affidavit of the 
 work performed and claim of lien upon the property, particularly describing 
 it, which lieu is good for the period of eight months. Owners of land on 
 which buildings or improvements are being made by contract, may prevent 
 attachment of lien by giving notice by posting a notice in some conspicuous 
 place on the land that he will not be responsible for the improvements. Any 
 ]ierson who performs farm labor has a lien ui)on all the crojis raised upim the 
 farm, for the year in which such labor was periVmned, to the extent of his 
 claim ; but persons claiming such lien, or liens, must file an affidavit of labor 
 performed and claim of lien upon the crops. Common carriers have a lien 
 ui)on property carried, for their freight, wharfage, or storage, to the extent 
 of their just claim, and may sell the property to satisfy their claim after 
 giving due notice. 
 
 [Wash. T. 11.]
 
 830 WASHINGTON TERRITORY. 
 
 Limitations, — The following actions must be Qommenced -within three 
 years : Upon a contract or liability, express or implied, which does not arise 
 out of a written mstniment. An action for taking, detaining, or injuring 
 j)ersonal property, including an action for the specific recovery thereof. An 
 action for relief upon the ground of fraud. An action for waste, or trespass 
 upon real property. An action upon a statute for a penalty or forfeiture. 
 The following actions must be commenced within six years ii\m\ the time 
 the cause of action occurs : An action upon a contract in writing, or liability 
 arising out of a written agreement. An action for rents and profits of real 
 estate. An action upon a judgment of any court. In an action upon an 
 open account to rucover balance, the cause of action shall be deemed to have 
 accrued from the date of the last item proved. An action must be com- 
 menced within three years against a .sheriff, coroner, or constable, vipou a 
 liability incurred in hisofiicial capacity, including the non-i)ayment of money 
 collected upon an execution. An action for the recovery of real estate must 
 T>e commenced within ten years. An action must be commenced within two 
 years for libel, slander, assault and battery, and false imprisonment. Withiu 
 one year, an action against a sheriff", or other officer, for the escape of a 
 2)risoner arrested on civil process. 
 
 Married Women, — A married woman may sue and be sued without join- 
 ing her husband, when the action concerns her separate property. All prop- 
 erty of the wife owned by her before marriage, the profits of her own labor, 
 and the property acquired afterward by gift, bequest, devise, or descent, 
 with the rents, issues and profits thereof, is her separate property. 
 
 Minors. — When an infant is a party to an action, he shall appear by guar- 
 dian, or if he has no guardian, or in the opinion of the court the guardian 
 is an improper i^erson, the court shall appoint one to act. Said guardian 
 shall be appointed as follows : 1st. "When the infant is plaintiff", upon the 
 application of the infant, if he be of the age of fourteen years, or if under 
 that age upon the application of a relative or friend of the infant. 2nd. 
 "When the infant is defendant, ujion application of the infant, if he be of the 
 age of fourteen years, and apply on the first day of the return term ; if he 
 be under the age of fourteen, or neglect to apply, then upon the application 
 of any other party to the action, or of a relative or friend of the infant. 
 Summons is served upon minors under fourteen years of age, personally, 
 and also to his father, mother, guardian, or to the person having the care and 
 control of such minor, or with whom he resides, or in whose service he is 
 employed. Confession of judgments .shall be made for the minor by the 
 guardian appointed in the action. 
 
 Mortgages. — Are executed and acknowledged in the same manner as deeds, 
 and may be foreclosed in a court of equity jurisdiction, upon failure of the 
 mortgagor to pay any instalment of the principal or interest ; but the pay- 
 ment of such instalment, with the accrued costs, before a decree of sale is 
 made, suspends further proceedings until a default again occurs. Mortgages 
 are not accompanied by bonds, but are generally made to secure promissory 
 notes. 
 
 Notes and Bills. — Promissory notes payable to order or bearer, have the 
 same eff"ect, and are negotiable in like manner as inland bills of exchange, 
 according to the custom of merchants. Three days grace is allowed on bills 
 of exchange payable at sight, and on all negotiable promissory notes, orders 
 or drafts, payable at a futiire day certain, unless there is an express stipula- 
 tion to the contrary. When the last day of grace falls on Sunday, or on a 
 legal holiday, it is not counted, but the last day will be on the Monday fol- 
 lowing. 
 
 No particular form of note is necessary. It ought to contain the promise 
 to pay to the order of payee. 
 
 An acceptance, to be valid, must be in writing, signed by the acceptor or 
 his authorized agent. 
 [Wash. T. 12.] "
 
 WASHINGTON TERRITORY. 831 
 
 Practice — All imictu-e is uiuler tlic code systL'in. 
 
 Proof of Claims. — iSee Claims ugaintst Decedent's Estates and Depositions^ 
 
 Replevin. — The plaintiff, ill an action for the recovery of the possession 
 of jjersonal property, may demand the immediate possession thereof, at any 
 time before answer. The plaintiff or scnne one in his behalf, shall make an 
 affidavit si unv in j;-: 1st. That plaintiff is the owner of the property claimed, 
 (particularly desci-il)ing it), or is lawfidly entitled to the pt)ssession thereof ; 
 2d. That the proi)erty is wrongfully detained from defendant ; 8d. That the 
 same has not been taken for a tax assessment or line, pursuant to a statute, 
 or .seized under an execution or attachment, against the property of tlie 
 plaintiff; or if so seized, that it is exempt from seizure by law ; and 4th. 
 Tlie actual value of the jjroperty. Ui)on receipt of affidavit, and a bond 
 executed to the defendant with two or more qualified sureties, to the effect 
 they are b;iuud iudouble the value of the property, as .stated in the afSdavit 
 for the prosecution of the action, for the return of the property and for pay- 
 ment of any sum that may be recorded against the i)laintif1', the sheriff must 
 take the prt)pcit3% and at the same time, serve on the defendant a copy of 
 the affidavit and bond. The defendant may except to the sufficiency of the 
 sureties, within three days after service of copy of affidavit and b(md, and 
 the sureties must then justify. If the defendant does not except to the sure- 
 ties, he may, within three days after service of copy of affidavit and bond, 
 re<iuire the return c»f the property, upon giving a bond to the sheriff, with 
 one or more (jualified sureties, to the effect that they are bound in double the 
 amount of the proi)erty, for the delivery thereof to the plaintiff, if delivery 
 be adjudged, and tV»r the payment of any sum adjudged against the defend- 
 ant. If a return is not required within three days from the time of taking 
 the property, and .serving defendant with copy of affidavit and bond ; the 
 property must be delivered to the plaintiff. 
 
 Revivor. — ( See Judgments). 
 
 Stay of Execution.— Shall be allowed on judgments as follows : In the 
 supreme court, on all sums under 80OO, thirty days ; on all sums over $500 
 and under $ir)00, sixty days ; on all sums over -1500, ninety days. On all 
 judgments rendered in the district court, on all sums under $:)00, two months ; 
 over $300 and under $1000, five months ; over $1000, six months. 
 
 Executions issued from the supreme or district court, shall be returned to 
 the clerk of the court issuing them, within sixty days from their date. Exe- 
 cutions from justices' courts shall be returnable within thirty days. 
 
 Wills. — Every person having attained the age of majority, and of sound 
 mind, may, by last will, devise all his or her estate, real and personal. Every 
 will shall be in writing, signed by the testator or some one by liis or her di- 
 rection, in his or her presence, and shall be attested by two or more compe- 
 tent witnesses, in the presence of the testator, (R. C, § 319.) Persons sign- 
 ing testators name under his or her direction, must sign the will as a wit- 
 ness, and state that he signed testator's name at his request. Subsequent 
 marriage by the testator revokes the will, unless slie be mentioned in the 
 will, with provision or express non-provision, or be provided for by marriage 
 settlement. Children unprovided for by the terms of the will, can have the 
 will set aside. Nuncupative wills are invalid in devises exceeding two hun- 
 dred dollars, unless two persons shall be called by the testator to bear wit- 
 ness that such was his will, except devises made by mariners at sea, or sol- 
 <liers in military service. Proofs of nuncupative wills are not allowed, un- 
 less reduced to writing by a witness, and offered within six months, and notice 
 given to the survivor or next of kin. that they may contest the will if they 
 think proper. (6'ee Administration.) 
 
 [Wash. T, IS.]
 
 832 
 
 WASHINGTON TERRITORY. 
 
 ATTORNEYS IN WASHINGTON TERRITORY. 
 
 Bold Face Type denotes county seats. A dash (— ) less than 100 population. 
 Figures after names when admitted to the Bar. A star (*) Notaries Public. 
 A double dagger (|) our Compiler of Laws. 
 A dagger (f) former recommendations withdrawn. 
 
 PLACE. 
 
 COUNTT. 
 
 Ainsworth 
 
 Franklin 
 
 Asotin 
 
 Asotin 
 
 Cascade 
 
 Skamania 
 
 Cathland 
 
 Wahkiakum 
 
 Cheney 
 
 Spokane 
 
 Claquato 
 
 Lewis 
 
 Colfax 
 
 Whitman 
 
 Colville 
 
 Stevens 
 
 Coupeville 
 
 Island 
 
 Davenport 
 
 Lincoln 
 
 Dayton 
 
 Columbia 
 
 EUensburgh 
 
 Kittitas 
 
 Friday Harbor 
 
 San Juan 
 
 Goldendale 
 
 Klikital 
 
 Kalama 
 
 Cowlitz 
 
 La Conner 
 
 Skagit 
 
 Montesano 
 
 Chehalis 
 
 New Dungeness 
 
 Clallam 
 
 Oakland 
 
 Mason 
 
 O'Kanogan 
 
 Douglass 
 
 Olympia 
 
 Thurston 
 
 Oysterville 
 
 Pacific 
 
 Pomeroy 
 
 Garfield 
 
 Port Madison 
 
 Kitsap 
 
 Port Townsend 
 
 Jefferson 
 
 Ritzville 
 
 Adams 
 
 Seattle 
 
 King 
 
 Snohomish 
 
 Snohomish 
 
 Spokane Falls 
 
 Spokane 
 
 Tacoma 
 
 Pierce 
 
 Vancouver 
 
 Clarke 
 
 Walla Walla 
 
 Walla Walla 
 
 Whatcom 
 
 Whatcom 
 
 Yakima 
 
 Yakima 
 
 NAMES OF ATTORNEYS. POPULA N. 
 
 {See Walla.) 
 
 — 
 
 R. A. Case. 
 
 — 
 
 {See Vancouver.) 
 
 100 
 
 (See Olympia.) 
 
 — 
 
 Knox & Parkes. 
 
 1,000 
 
 {See Olympia.) 
 
 100 
 
 Sullivan, Wolfard & Sullivan. 
 
 1,150 
 
 C. F. Weed. 
 
 250 
 
 C. S. Williams. 
 
 250 
 
 (See Cheney.) 
 
 — 
 
 J. K. Rutherford. 
 
 2,000 
 
 Reavis, Mires & Graves. 
 
 600 
 
 (See Coupeville.) 
 
 — 
 
 J. A. Brown. 
 
 700 
 
 (See Olymjna.) 
 
 150 
 
 A. M. Brooks. 
 
 550 
 
 G. J. Moody. 
 
 200 
 
 {See Coupeville.) 
 
 200 
 
 {See Olympia.) 
 
 — 
 
 H. A. Miles. 
 
 loo 
 
 N. S. Porter. 
 
 3,000 
 
 A. D. Bowen. 
 
 250 
 
 E. Scott. 
 
 1,000 
 
 (See Seattle.) 
 
 228 
 
 Bradshaw & Sachs. 
 
 2,500 
 
 B. N. Carrier. 
 
 25 
 
 Burke & Haller. 
 
 9,786 
 
 F. M. Headier. 
 
 500 
 
 GEO. H. LEONARD. 
 
 2,000 
 
 Campbell & Powell. 
 
 9,936 
 
 N. H. Bloomfield. 
 
 3,000 
 
 (, t Edgar Lemman. 
 
 3,588 
 
 '^ See Vardiii Appendir,puge 's.s.vW. 
 
 J. P. DeMattos. 
 
 560 
 
 Allen, Wliitson & Gilliam. 
 
 923
 
 WASHINGTON TERRITORY. 
 
 RSv{ 
 
 BANKS IN WASHINGTON TERRITORY. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital of one 
 bank in each county of this territory in which such a banking institution is located. 
 
 Colfax 
 
 Dayton 
 
 North Yakima 
 
 Olympia 
 
 Pomeroy. 
 
 Port Tow nst-nd 
 
 Seattle 
 
 NAME OF BANK. 
 
 First National Bank 
 Columbia National Bank 
 First National Bank 
 
 Spokane Falls 
 Tacoma 
 
 Vancouver 
 Walla-Walla 
 
 Merchants" National Bank 
 Puget Sound National Bank 
 First National Bank 
 Traders' National Bank 
 Merchants' National Bank 
 Pacific National Bank 
 Tacoma National Bank 
 First National Bank 
 
 Chas. F. Adams. 
 
 D. C. Guernsev. 
 A. W. Engle. ' 
 A. A. Phillips. 
 S. G. Crandall. 
 Robert C. Hill. 
 W. I. Wadleigh. 
 Robt. N. McFaddcn. 
 J. Furth. 
 
 H. L. Cutter. 
 Jacob Hoover. 
 Henry Drum. 
 T. B. Wallace, Jr. 
 W. Fraser. 
 
 E. L. Canby. 
 W. H. Stine. 
 
 PAID vr 
 CAPITAL. 
 
 $50,000 
 50.000 
 50.000 
 75,000 
 50,000 
 50,000 
 
 150,000 
 50,000 
 50,000 
 70,000 
 75,000 
 50,000 
 50,000 
 50,000 
 50.000 
 
 100.000
 
 STATE OF 
 
 WEST VIROINIA. 
 
 SUMMARY OF 
 
 CoLivEcxioN Laws. 
 
 COXTKT 'CAXEKDAR, INSTRUC'TIOKS FOR TAKING DEPOSITIONS, LEGAL FORMS, ETC. 
 
 EscpREssLV Prepared and Revised to Kov. 1st, 1887, for "Showers' 
 Legal. Directory and Merchants' Guide." for 1888, by 
 M. H. Dent, of the Grafton Bar. 
 
 Acknowledgments. — May be taken before a justice, notary public, recor- 
 'der, prothonotary or cleric of any court of record within the United States, 
 •or commissioner appointed to act within the same, by the governor of this 
 ;state, duly authenticated by the official seal of such officer annexed to the 
 certificate of acknowledgment ; certificate of acknowledgment of a maiTied 
 woman must state her private examination apart from her husband ; that the 
 writing was fully explained to her ; that she acknowledges it to be her act, 
 •declares she has willingly executed the same, and does not wish to retract it. 
 
 Form — Aclcnotcledgments. 
 
 ^STATE (TeKRITORY OR DISTRICT) OF , \ rr -4. 
 
 County OF . | ^o-wit. 
 
 I, a commissioner appointed by the governor of the state of West 
 
 Virginia for the said state (or territory or district), of , (or I, a justice of 
 
 the county aforesaid ; or I, recorder of said county ; or I, a notary of 
 
 said county ; or I, , prothonotary or clerk of the court of said county) 
 
 <lo certify that , whose name (or names) is (or are) signed to the writing 
 
 above (or hereto annexed), bearing date on the day of , has (or 
 
 have) this day acknowledged the same before me in my said •• Given 
 
 under my hand this day of ; or upon a certificate so written or an- 
 nexed under the official seal of any minister, plenipotentiary, charge d'aftairs, 
 consul-general, consul, deputy consul, vice-consul, consular agent, vice con- 
 sular agent, commercial agent, or vice commercial agent, appointed by the 
 government of the United States to any foreign country, or of the proper 
 officer of any court of such county, or of the mayor or other chief magistrate 
 of any city, town or corporation therein, that the said writing was acknow- 
 ledged by such person, or proved so to him by two witnesses, before any per- 
 son having such appointment, or before such court, mayor or chief magis- 
 trate. 
 
 If the acknowledgment be before a notary without the state, he shall cer- 
 tify under his seal. 
 
 certificate in case of a married woman WHO SHAM, X'NITE 
 WITH HER HUSBAND. 
 
 State (Territory or District) of , > rp „-i- 
 
 COUNTY OF . \ T^-^>*- 
 
 I, a commissigner appointed by the governor of West Virginia for the 
 
 ^tate (or territory or district) of ; (or I, , a justice of the county 
 
 [W. Va. 1.]
 
 WEST VIRGINIA. 835 
 
 aforesaid ; or I, a notary public for the county aforesaid ; or I, , re- 
 corder of said couuty ; or I, , protliouotary (ur clerk) uf the court 
 
 of said couuty), do certify that • , the wife of , whose names are 
 
 signed to the writing above (or hereto annexed) bearing date on tlie day 
 
 of , personally appeared before nie in the county aforesaid (or if it be a 
 
 commissioner, in the state, territory or district aforesaid), and being ex- 
 amined by me privily and apart from her husband, and having the said writ- 
 ing fully explauied to her, she, the said , acknowledged the said writing 
 
 to be her act, and declared that she had williugly executed the same, and 
 does not wish to retract it. 
 
 Given under my hand this day of . 
 
 Actions. — Actions arc all . commenced by issuance and service of a sum- 
 mons on the defendant, which must be returnable within ninety days to the 
 court on the first day of a term, to some rule day, or the clerk's office to the 
 first ^Monday in a month. Rules are held monthly in the clerk's office and or- 
 dinarily last three days. The parties to the suit file pleadings at rules, take 
 out orders of jiublication and take steps to mature the case for trial. The 
 courts of record have jurisdiction of suits at law and in equity. Judgments 
 and decrees may be confessed in the clerk's office before the clerk duriiig the 
 vacation of the court. No judgment by default becomes final in less than 
 thirty days after service of process. 
 
 Assignees may ordinarily sue in their own names. In an action on con- 
 tract the plaintiff may file with his declaration an affidavit that there is, as 
 he verily believes, due him and unpaid from the defendant uj^on the demand 
 (.)r demands stated in the declaration, including principle and interest after 
 deducting all payments, credits and set-ofl's made by defendant to which he 
 is entitled a sura certain to be stated. If such affidavit is filed no plea will 
 be received unless a counter affidavit is filed denying the indebtedness on part 
 thereof. If no counter affidavit is filed the court may enter judgment for 
 the sum named in the plaintitt"'s affidavit with interest from its date if no in- 
 quiry of damages has been ordered and on such inquiry the affidavit is evi- 
 dence on the question of the amount. Two rules must pass before an action 
 comes upon the court docket. 
 
 Administration. — Of Estates of Deceased Persons.— 'Widov^, husband o^ 
 next of kin has precedence of administration. If she does not administer 
 within three months, any person interested may administer or cause the 
 estate to be committed to sheriff. Administrator must execute bond with 
 sureties in double the value of estate, conditioned for the faithful discharge 
 of duties. Widow or infant children entitled to two hundred dollars as 
 against creditors. Funeral expenses and costs of administration to be first 
 paid, then debts and taxes due the United States, and taxes due the state ; 
 then preferred liens, and finally all other debts, pro rata. Personal repre- 
 sentative must make annual settlements within six months after expiration 
 of year with commissioner of accounts. If personal estate is not sufficient 
 to pay debts and costs of administration, administrator, or any creditor, can 
 institute chancery suit to sell the real estate and marshal assets. 
 
 Affidavits. — In any case in which an affidavit of a person residing in 
 another state may be used in this state, it should be made before a commis- 
 sion, appointed by the governor, or before any officer of another state or 
 country authorized by its laws to administer an oath, and it is deemed duly 
 authenticated if subscribed by such officer, and there be annexed thereto a 
 certificate of the clerk or other officer of the court of record of such state or 
 country, under an official seal, verifying the genuiness of the signature of 
 the first-mentioned officer and his authority to administer an oath. 
 
 Aliens. — Aliens not enemies may purchase, take hold, convey and devise 
 real estate the same as citizens. 
 
 Appeals.— ('9ee Courts.^ 
 
 [W. Va. 2.]
 
 83(1 AVEST VIRGINIA. 
 
 Arrests. — Orders for arrest may be issued by a court, or the judge or the 
 clerk thereof in vacation, on bond being given and affidavit filed showing the 
 nature and the justice of the claim, the amount which affiant believes the 
 plaintiff is justly entitled to recover in the action and the existence of some 
 one or more of the following grounds : that the defendant has removed or is 
 about to remove any of his property out of the state w ith intent to defraud 
 his creditors ; that he has converted or is about to convert his property or 
 any part thereof into money or securities with like hitent ; that he has as- 
 signed, disposed of, or removed his property, or any part thereof, or is about 
 to do so with like intent ; that he has property or right in action which he 
 fraudulently coneeals ; that he fraudulently contracted the debt ; or incurred 
 the liability for which the action or suit is brought ; that he is about to leave 
 thjs state and reside permanently in another state or country, without paying 
 the debt or liability for which this action or suit is brought. The defendant 
 may be discharged upon giving bond to be in the county to answer interrog- 
 atories within four months after judgment or decree and make required con- 
 veyance or delivery of property or satisfy the judgment or decrees. There 
 is no imprisonment for debt alone. 
 
 Assignments and Insolvency. — No insolvent law and no statute regulat- 
 ing assigmnents in trust for benefit of creditors. Such assignments are 
 sometimes made, but do not operate as a discharge. A defendant debtor 
 under arrest may be discharged from such arrest by making conveyance of 
 his proi)crty not exempt by law. Assignments are made by deed acknow- 
 ledged as other deeds, and filed in office of clerk of county court. If real 
 estate is assigned, the wife of the assignor must sign, seal and acknowledge 
 the same to bar her dower. 
 
 Attachments. — Will issue on creditor's affidavit, stating the nature of 
 plaintifi's claim, the amount, at the least which the affiant believes the plain- 
 tiff is justly entitled to recover in the action, and also that affiant believes 
 that some one or more of the following grounds exist for the attachment, 
 viz. : That debtor, or one of them is a foreign corporation, a non-resident ; 
 has left, or is about to leave the state, with intent to defraud his creditors ; 
 conceals himself so that summons cannot be served upon bim ; is removing 
 or about to remove his property, or part thereof, out of the state with intent 
 to defraud ; is converting or about to convert his property or a material part 
 thereof into money, etc., with intent to defraud his creditors ; has assigned 
 or disposed of his pro^jerty or a material part thereof, or is about to do so 
 with intent to defraud his creditors ; has property or rights in action which 
 he conceals, or fraudulently contracted the debt or incurred the liability for 
 which the action or suit about to be or is brought. Upon the creditor giving 
 bond and security, the sheriff is required to take the attached property into 
 his possession. Goods, effects or money due the defendant in the hands of a 
 third party can be garnished. Unless the attachment is because the defend- 
 ant is a non-resident or foreign corporation, the affiant must state in his affi- 
 davit the material facts relied on by him to show the existence of the grounds 
 for his attachment alleged in the affidavit. 
 
 Banks and Bankers. — Savings and deposit banks may be carried on 
 under the statute law of the state, by tiTistees. 
 
 Bills of Exchange and Promissory Notes. — (See JSfotes and Bills of Ex- 
 change. ) 
 
 Bills of Lading. — Are transferable, and are governed by the common law 
 of the land, there being no statute, law afiecting them. 
 
 Chattel Mortgages. — Are almost obsolete. Deeds of trust and contracts 
 reserving title, taking their pla<e. All these instruments must be recorded, 
 
 [W. Va. 3.]
 
 WEST VlIKilNlA. 837 
 
 or they arc void as to bona fide purchasers without notice or creditors, iu the 
 clerk's office of the county iu which the property is. or to which it may be 
 taken. 
 
 Claims against Decedent's Estates. — Are a charge first on the person- 
 alty, and then the real estate of tlie decedent. I^Iay be enforced against tin; 
 personalty by suit against the administrator, and against the real estate by 
 suit in chancery against tlie heirs, creditors, or devisees. To the last suit 
 the administrator must be made a party, that the pesonalty may be 
 exhausted. 
 
 Conditional Sales of Personal Property. — If possession given to pur- 
 chaser are void as to j)urchasers and t^reditors, unless reduced to writing and 
 recorded as trusts and mortgages. 
 
 Corporations. — Domestic and Foreign. — Any number of persons, not less 
 than tive, may obtain a certificate of incorporation from the secretary of 
 state, by filing an agreement, setting forth the name of the corporation, its 
 object, principal place of business, and date of its expiration, together with 
 the amount of its capital, and the value of the shares into which to be di- 
 vitled. The agreement must be acknowledged before notary or justice. 
 
 Foreign Corporations, to hold property and transact business as a corpora- 
 tion, must file with the secretary of state a cojjy of its articles of associa- 
 tion, and of the law or authority under wliich it is incorporated, under a 
 penalty of one thousand dollars for each month. 
 
 Costs. — Security for costs may be re<piired of nonresidents, either by a 
 resident or non-resident. 
 
 Courts. — The Supreme Court of a])peals has original jurisdiction in cases 
 of habeas corpus, mandamus and jiroliibitiou ; and appellate jurisdiction in 
 criminal cases and iu civil cases, where the anu)unt in controversy exceeds in 
 value $100, inclusive of c()sts. 
 
 Circuit courts have original jurisdiction in all civil cases, where amount 
 iu controversy, exclusive of costs, exceeds fifty dollars, or the freedom of a 
 person, or the constitutionality of a law is involved. Tliey have appellate 
 Jurisdiction in all civil cases where the amount in controversy, exclusive of 
 interest and costs, excreeds fifteen dollars. 
 
 County Courts have full probate powers. The regular terms of the supreme 
 court of appeals are three each year. — one at Charleston, .second Wednesday 
 of January ; one at Wheeling, first Wednesday of .Tune ; and one at Charles- 
 town, first Wednesday of September. Couuly courts hold four regular ses- 
 sions each year, and special sessions when called. The circuit courts hold 
 three sessions in each county per annum. 
 
 Justices^ Courts have jurisdiction in all civil actions for the recovery of 
 money or possession of pi'oi)erty, w here the amount claimed does not exceed 
 $;}00, exclusive of interest, excc])ting actions for false imprisonment, mali- 
 cious prosecution, slander, verbal or written, breach of marriage promise, or 
 seduction. They further have jurisdiction of cases of unlawful detainer of 
 real estate, and actions for trespass to real estate, or damages to same on 
 rights pertaining thereto, if damages claimed do uot exceed $300, and the 
 cause of action arose in the county. 
 
 Ctirtesy.— A husband is entitled to a life estate iu his wife's realty. 
 
 Court Calendar. — 
 
 UNITED STATES CIRCUIT COURT. 
 
 CHxcuit Judye, Hugh li. Bond, of Baltimore, Md. CVrrrk, I,. B. Dellicker, Parkers- 
 ourg. Terms. At Parkorsburg, January lOtb and Juuo lOtli. 
 fW. Va. 4.]
 
 838 
 
 WEST VIRGINIA. 
 
 UNITED STATES DISTRICT COURT. 
 
 District of "West Virginia. Judye, Jolin J. Jackson, Parkersburg. Clerk, Jasper 
 Y. Moore, Clarksburg. District Attorney, W. H. H. Flick, Martinsburg. Marshal, 
 George W. Atkinson, Wheeling. 
 
 Reovlar Terms. At Wheeling March 1st and Sept. 1st. At Clarksburg, March 1st 
 and Oct 1st. At Charleston, May 1st and Nov. 1st. 
 
 STATE COURTS. 
 
 SUPREME COURT OP APPEALS. 
 
 Pre*iden<— OKEY JOHNSON, of Wood County. 
 J^ftd&es— THOMAS C. GREEN, of Jefferson County. 
 ADAM C. SNYDER, of Greenbrier County. 
 SAMUEL WOODS, of Barbour County. 
 Clerk— O. S. LONG, of Ohio County. 
 J2epor<er— ALFRED CALDWELL, Attorney-General. 
 Three annual sessions of the Supreme Court of Appeals are held as follows : 
 At Charleston, Kanawha county, commencing on the second Wednesday in 
 January. 
 
 At Wheeling, in Ohio County, commencing on the first Wednesday in June. 
 At Charlestown, in Jefferson county, commencing on the first Wednesday in 
 September. 
 
 CIRCUIT COURTS. 
 
 These courts are held at the county seats of the following counties, at the fol- 
 lowing times : 
 
 County. Dist. Terms Begin. 
 
 Barbour 3 March 1st, July 6th and Oct. 1.5th. 
 
 Berkeley 13 2d Tues. Jan., 2d Tues. April and 2d Tues. Sept. 
 
 Boone 3d Mon. April, .Sd Mon. July and 3d Mon. Oct. 
 
 Braxton 11 4thMon. April, 4th Mon. Aug. and 4th Mon. Nov. 
 
 Brooke 1 1st Mon. in March, 1st Mon. in June and 2d Mon. Oct. 
 
 Cabell 8 1st Mon. March, 1st Mon. Aug. and 1st Mon. Dec. 
 
 Calhoun 6 Feb. 15th, June 15th and Oct. loth. 
 
 Clay 6 2d Mon. May, 2d Mon. SeT)t. and 2d Mon. Dec. 
 
 Doddridge ...... 4 3d Mon. March, 3d Mon. July and 3d Mon. Nov. 
 
 Fayette 10 4th Mon. Feb. 3d Mon. May and 3d Mon. Sept. 
 
 Gilmer 6 Feb. 1st, June 1st and Oct 1st. 
 
 Grant 12 4th Tues. March, 1st Tues. June and 3d Tues. Oct. 
 
 Greenbrier 10 3d Mon. April, 4th Mon. June and 1st Mon. Nov. 
 
 Hampshire 12 1st Tues. Feb., 2d Tues May and 3d Tues. Sept. 
 
 Hancock 1 4th Mon. March, 4th Mon. June and 1st Mon. Nov. 
 
 Hardy 12 2d Tues. March, last Tues. May and 1st Tues. Oct 
 
 Harrison 2 2d Tues. Jan., 2d Tues. May and 2d Tues. Sept. 
 
 Jackson 6 Marchlst, Aug. 1st and Nov. 1st. 
 
 Jefferson 13 2d Tues Feb , 3d Tues. May and 8d Tues. Nov. 
 
 Kanawha 7 2d Mon. March, 2d Mon. June and 1st Mon. Dec. 
 
 Jjincoln 8 3d Mon. P'eb., 3d Mon. June and 3d Mon. Sept. 
 
 Lewis 11 1st Mon. March, 3d Mon. June and 3d Mon. Oct. 
 
 Logan 8 1st Mon. April, 1st Mon. July and Lst Mon. Oct. 
 
 Marion 2 1st Tues. March, 1st Tues July and 4th Tues. Nov. 
 
 Marshall 1 1st Mon. March, 1st Mon June and 2d Mon. Oct. 
 
 Mason 7 1st Mon. Feb., 1st Mon. May and 1st Mon. Sept. 
 
 McDowell 9 Wed. after 3d Mon. May, Wed. after 1st Mon. July and 
 
 Wed. after 1st Mon. Oct. 
 
 Mercer 9 1st Mon. March, 3d Mon. June and 3d Mon. Nov. 
 
 Mineral . 12 2d Tues. Jan., 4th Tues. April and 1st Tues. Sept. 
 
 Monongalia 2 2d Tues. Feb., 2d Tues. June and 2d Tues. Oct. 
 
 Monroe 10 3d Tues. March, 1st Mon. June and 1st INIon. Oct. 
 
 Morgan 13 1st Tues. Jan , 1st Tues. April and 2d Tues. Aug. 
 
 Nicholas 11 Wed. after 2d Mon. April, Wed. after 2d Mon. Aug. and 
 
 Wed, after 2d Mon. Nov. 
 
 Ohio 1 2d Mon. April, 1st Mon. Sept. and 3d Mon. Nov. 
 
 Pendleton 12 2d Wed. April, Wed. after 2d Taes. June and 1st Wed. 
 
 Nov. 
 
 Pleasants 5 2d Mon. March, 2d Mon. .Tune and 2d Mon. Oct. 
 
 Pocaliontas 10 1st Mon. April, 3d ISton. June and 3d Mon. Oct. 
 
 Preston 3 April 8th, Aug. 1.3th and Nov. 24th. 
 
 Putnam 7 4th Mon. Feb.. 4th Mon. May and 4th Mon. Sept. 
 
 Riileigh 9 4th Mon. April, 4th Mon. July and 4th Mon. Oct. 
 
 Randolph 3 May 20th. Sept. 14th and Jan. 3d. 
 
 Ritchie 4 3d Mon. F'eb., 3d Mon. June and 3d Mon. Oct. 
 
 Roane . 6 March 2-5fh, Aug 25th and Nov. 25th 
 
 Summers 10 2d Mon. Feb., 1st Mon. Mav and ist Mon. Sept. 
 
 Taylor 3 March 20th. Julv 25th and Nov. 4th. 
 
 Tucker 3 May 10th, Sept. 3d and Dec. 16th. 
 
 [W. Va. 5.1
 
 WEST VIRGINIA. 839 
 
 County, Dist. Terms Begin. 
 
 Tyler I 2d Mon, April, 2d Mon. Aug. and'Jd ^lon. Dec. 
 
 Upshur 11 2d Mon. Feb., IstMon. Aug. and 1st Mon. Nov. 
 
 Wayne 8 1st Mon. Feb., 1st Mon. June and 1st Mon. .Sept. 
 
 Webster 11 Aprillst, Aug. Istand 1st Mon. Nov. 
 
 Wetzel 4 .id Tues. Jan., 3d Tues. May and 3d TuoK. Sept. 
 
 Wirt -5 4th Mon. March, 4th Mon. June and 4tli Mon. Oct. 
 
 Wood 5 2dMon. Feb., 2d Mon. July and 2d Mon. Nov. 
 
 Wyoming 9 2d Mon. April, 2d Mon. July and 2d Mon. Oct. 
 
 Deeds. — Must be in writing, acknowledged and recorded in county where 
 property situated. 
 
 Form for Deed in fee. 
 
 TTiis Deed, Made the day of , in the year , between 
 
 (here insert names of parties), wituesseth : That in consideration of (here 
 
 state consideration), the said doth (or do) grant unto the said ,. 
 
 all, etc., (here describe the property and insert covenants or any other pro- 
 visions). Witness the following signature and seal, (or signatures and 
 seals). 
 
 Descent and Distribution. — Children equally first, except wife has one- 
 third of personal property and dower in real estate, and husband lias one- 
 third of personal property, and life estate in realty. If no children, husband 
 and wife takes all the property and dower and cui^tesy, respectively, in 
 realty, while the residue of property goes to the father of decedent, if one^ 
 if not, then to the mother, brothers and sisters. 
 
 Depositions. — May be taken after reasonable notice to the opposite party or 
 attorney, before a justice of the peace or notary, who must enclose them in 
 an envelope, endorse the style of the case upon it, and write his name and 
 official character across the place where sealed, and transmit them to the 
 clerk of the court wherein they are intended to be used. No particular 
 fonn is necessary, so they comply with the notice, and a sufficient certificate 
 to that effect accompanies them. 
 
 Divorces. — A mensa et thero. — Are granted for desertion and inhuman 
 treatment. Dissolution from the bonds of matrimony may be granted by 
 the circuit court for impotency, adultery, three years' continual desertion, or 
 when a divorce, a me/isa et thero, has continued for three years, without re- 
 conciliation, and upon conviction of felony. If the innocent party, wife 
 entitled to alimony. Custody of children will be given as the court deems 
 best for their interest. 
 
 Dower. — (See Married Women.) 
 
 Evidence. — ('9ee Witness.) 
 
 Execution. — Issues immediately after term of court at which judgment 
 was rendered, and is returnable within ninety days, to some rule day. There 
 is no stay of execution in the higher courts, but in justices' courts stay is 
 allowed on bond given. (See Stay of Execution). 
 
 Executors. — Must give bond with sufficient sureties, unless will provides 
 otherwise, and strictly carry out provisions of the will, wherein they are not 
 contrary to law. {See Administration.) 
 
 Exemptions. — Homestead to the value of $1000 is exempt, except against 
 the taxes, purcliase money, and cost of improvements, where the property of 
 that value is devised or granted to the debtor, being a liusband or i)arent, and 
 resident in the state, as a homestead, and where he, previously to contracting 
 the debt or liability, has placed a declaration of his intention to keep the 
 [W. Va. 6.]
 
 840 WEST VIRGINIA. 
 
 property as a homestead, on the land records of the county in which the real 
 estate is situated. Personal property to the value o{ $200 is also exempted, 
 provided the debtor is a resident and a parent, and same exemption is allowed 
 infant children of deceased i)arents. Also $50 worth of tools to a mechanic, 
 artisan or laborer, whether he is a husband or parent, or not, provided that 
 in no case shall the exemption allowed any one jjerson exceed $300. 
 
 Factors. — Are liable as principals, unless they disclose name of their prin- 
 cipals. Made so by statute, otherwise governed by the rules of the common 
 law and usage. 
 
 False Pretenses. — If any person obtain the goods of another by any false 
 pretense or token, he is treated the same as if he had stolen them. And if 
 he fraudulently obtains the signature of another to a paper, the false making 
 of which would be forgery he is punished as for forgery. 
 
 Fraud, Statutes of. — The following contracts must be in writing or they 
 cannot be enforced : 1. Representations or assurances as to the character, 
 conduct, credit, ability, trade, or dealings of another, to the intent or pur- 
 pose that such other may obtain credit, money or goods. 2. Promise to pay 
 debt or the ratification of any contract made during infancy. 3. Promise of 
 personal representative to pay debt out of his own estate. . 4. Promise to 
 answer for the debt, default or misdoings of another. 5. Agreement made 
 upon consideration of marriage. 6. Contract for the sale, or lease for more 
 than a year, of real estate. 7. Any agreement not to be performed in a year. 
 
 Such writing may be signed by principal or agent and need not express 
 consideration of contract, but c(jnsideration can be proved by other evi- 
 dence. 
 
 Garnishment. — {See Attachment.) — Any per-son indebted to another may 
 be summoned and required to disclose the same, and pay the amount he owes 
 to the judgment creditor of his creditor. 
 
 Grace. — {See Xotcs and Bills of ExrJiange.) 
 
 Homesteads. — {See Exemptions.) 
 
 Insolvent Laws.— (A'omy?;) 
 
 Interest. — The legal rate is six per cent. Excess of interest is not recov- 
 erable under the law. Incorporated companies, only, may borrow money at 
 higher rates because prohibited frt>m pleading usury. Judgments bear six 
 per cent. Illegal interest jiaid may be recovered within five years. 
 
 Judgments. — For money are a lieji upon all real estate of the debtor, but 
 to secure the lien against i>urchasers for value not having notice, judgment 
 must be docketed in the county clerk's ottice within sixty days, or before a 
 deed for the real estate is duly filed for record. .Judgment liens are enforced 
 by suit in equity. Judgments ien<lered at the same term of court rank as of 
 the same date. A judgment of any justice of the peace is only a lien as 
 against such purchaser from the time it is so docketed. The lien of a judg- 
 ment of a court of record coinmences with tlie first day of the term of court 
 at which the judgment is rendered. 
 
 Justices of the Peace. — {See Courts.) — .Justices are conservators of the 
 peace and as such they act as coroner, examine ])ersons charged with crime, 
 commit to jail when ])robable cause, impose fines in minor offences not ex- 
 ceeding ten dollars and im^jrisonment not exceeding ten days. In case of 
 imprisonment or fine, over five dollars appeal as a matter of right to circuit 
 court. 
 
 [W. VaT.]
 
 WEST VIRGINIA. 841 
 
 Landlord and Tenant. — On failure to pay rent, landlord can have distress 
 warrant or sue lor uiuount, whichever he prefers. He has lien on tenants 
 <iOods on prenuses for not exceeding one year's rent, which is prior to any 
 lien createtl on goods after taken on premises. Goods cannot be removed 
 without payment of rent due. Tenant can claim exemption as against rent. 
 iiSee Mremptions.) 
 
 I>eases. — For more than one year must he in writing. 
 
 Licenses. — Liquor sellers, druggists, hotel keepers, saloons, peddlers, 
 auetioneeis, brokers, billard saloons, skating rinks, shows of all kinds, (ex- 
 cept musical, scientific and literary entcitainments, and school exhibitions), 
 distillers, musical instnimeut, sewiug niuchine and lightning rod peddlers, 
 are required to pay license. 
 
 Liens. — (See Judgments.) 
 
 Limitations. — Store account, three years; accounts concerning trade be- 
 tween merchants, five years ; contracts not in writing or in writing and not 
 under seal, five years ; contracts under seal, twenty years, except contracts 
 executed after April 1st, 18(59, whether under seal or not, ten years ; to re- 
 cover land, ten years. Revivor : acknowledgment of debt or promise in 
 writing to pay. Partial payment will not revive a barred claim or stop the 
 run of the statute. 
 
 Limited Partnerships. — May be formed under statute law, which requires 
 publication of agreement and names of partners. Otherwise treated as a- 
 general partnership at common law. Special partner, as creditor of the firm, 
 cannot be paid until other firm debts are paid. If special partner meddles 
 in firm business, liable as general partner. Limited partnerships, or mem- 
 ber thereof, cannot make assignment or sale of assets so as to prefer credi- 
 tors, but all partnership creditors must share alike in preferem.-e to individual 
 creditors. Any partnership not formed under statute is a general partner- 
 ship and sul>j(H!t to the provisions of the common law in relation thereto. 
 
 Married Women. — Property of wife ac(iuired at any time, and from any 
 source otlur llian Inisband, held to her sole and separate use, since April 1, 
 18()<.) ; provi<k'(l, tliat her husband must join in conveyance of realty, unless 
 .she is living se[>;irate and apart from her Imsband. Widow is endowed of 
 one-third of all tiie real estate of which her husband was seized of an estate 
 of inheritance at any time during her coverture, unless such dower shall 
 have been lawfully barred or relinquished. If no children, the widow takes 
 all personalty alter paying debts, etc., if children, she takes one-third. 
 
 Mechanics' Lien. — Every Tuechanic or laborer has lien on ])roperty for 
 work and labor performed on same, but must file account in clerks office 
 within sixty days after work is finished, supported by afiidavit, and must 
 bring suit within six months or lien lost. 
 
 Minors. — Contracts of, voidable within year after reaching age of ma- 
 jority, which is twenty-one years. Bond of void. Infancy must be pleaded. 
 
 Mortgages of Real Estate. — Good, but deed of trust has entirely super- 
 ceded them, wliich see. 
 
 Notes and Bills of Exchange. — All promissory notes and checks payable 
 in this stati-, ar. a iiartiiuilai- bank, or at a i)articular office thereof, for dis- 
 count and deposit, or the place of business of a savings institution, or sav- 
 ings bank, and every inland bill of exchange, i)ayable in tliis state, shall be 
 deemed negotiable. 
 [W. Va. 8.]
 
 842 WEST VIRGINIA. 
 
 Three days of grace are allowed, except on bills of exchange payable at 
 sight, on which there shall be no grace. Upon a bill drawn within, and pay- 
 able without the state, and within the United States, the holder can recover, 
 in addition to what else the party liable for the principal is bound to pay, 
 damages at the rate of three per cent, on the principal, and at the rate of 
 ten per cent., if payable without the United States. No words will make a. 
 note in this state negotiable which is not made payable at an incorporated 
 bank. 
 
 Oaths and Affidavits.— (-S'ee Affidavits.) 
 
 Partnerships. — {See Limited Partnerships.') 
 
 Promissory Note. — {See Notes and Bills.) 
 
 Practice. — {See Actions.) — Common law practice is still followed, with 
 slight changes or additions made by statute. The ditt'erent forms of action 
 are preserved. In all cases where trespass would be the proper form, tres- 
 pass on the case may be substituted. The distinction between law and 
 equity is still continued, but the same court exercises both jurisdictions. 
 Proceedings are recorded in separate volumes. 
 
 Proof of Claims. — Evidence of one witness sufficient, and corroberating^^ 
 circumstances sufficient. Verbal acknowledgment by debtor is sufficient 
 
 Recording.— Deeds, mortgages, trusts, and all other instruments of writ- 
 ing relating to real estates, must be recorded, or they are void as to purchasers; 
 witliout notice and creditors. 
 
 Redemption.- Grantor, in deed of trust or mortgage, has equity of redemp- 
 tion until property sold, and can sell or mortgage same. May be sold to pay- 
 judgment lien. 
 
 Replevin. — Property levied on by execution or distress, warrant may be 
 replevied by execution of forthcoming bond. 
 
 Revenue, Sources of. — Taxes levied on the values of real and personal' 
 property and licenses. 
 
 Revivor. — Death abates suit, but it may be revived by motion, scire fa- 
 cias, or bill to revive, in all cases except assault and battery, slander, libel, 
 and such other actions merely personal in their nature, as the cause is removed 
 by death. 
 
 Seal. — A scroll may be used as substitute for seal. 
 
 Security for Costs and other Undertakings.— (-See Costs.) Undertaking; 
 abolished and bond substituted in all cases. 
 
 Stay of Execution. — {See Execution.) 
 
 Suits. — {See Actions.) 
 
 Supplementary Proceedings. — May be had by way of amendment, or in 
 support of original proceedings. Same steps are necessary to mature, as in 
 case of original proceedings. 
 
 Taxes. — Levied for revenue annually on personal and real property. Col- 
 lected and disbursed by sheriff. 
 
 [W. Va. 9.]
 
 WEST VIRGINIA. 843 
 
 Stay of Execution. — Upon judgment in justices' courts on the execution 
 of a bund by the debtor, a stay of exectition is allowed as follows : When 
 the judgment, exclusive of interest and cost, does not exceed $50, two 
 months ; if over $50, and not over $100, five months ; if over $100, six 
 months. No stay is allowed upon judgment on stay bonds, or other bonds 
 tiled in justices' courts, or against constables for official misconduct, (Acts 
 1881, chap, 8.) In the higher courts no stay is allowed, but a forthcoming- 
 bond may be given after a levy, upon which a motion must be made for exe- 
 cution, if the property levied on is not foithcoming on the day of sale. 
 
 Trust Deeds. — Are used to secure debts or indemnify sureties. The 
 trustee advertises and sells the property after defaitlt is made, without the 
 intervention of a court. The expenses and commissions of the trustee are 
 paid out of the proceeds of sale. Such deeds of tnist on both real and jier- 
 sonal property are in the following form : 
 
 "This deed, made the day of , in the year , between 
 
 , (the grantor, ) of the one part, and , (the trustee, ) of the other 
 
 part, witnesseth: That the said , (the grantor,) doth (or do) grant 
 
 unto said , (the trustee,) the following property, (here describe it. ) in 
 
 trust to secure (here describe debts to be secured, or the sureties to be in- 
 demnified, and insert covenants, or any other provisions the parties may 
 agree upon). Witness the following signature and seal." 
 
 The release of a mortgage or deed of trust, may be in the form : A. B. 
 hereby releases a mortgage (or deed of trust) made by C. D., to me, (or to 
 
 E. F., my trustee, or to , and assigned to me,) dated the day of 
 
 , and recorded in the office of the clerk of the county court of 
 
 county. West Virginia, in deed book , page , (to be signed A. B.) 
 
 Acknowledged before the .subscriber, this day of . G. D. 
 
 (Justice or notary public, etc., as the case may be.) 
 
 Usury. — Interest exceeding six per centum is usurious ; or any other thing 
 of greater value taken for the loan or forbearance of money. {See Interest.} 
 
 Wages. — Not fixed by law ; depends on contract ; if none, reasonable 
 compensation according to usage. 
 
 Wills. — No person of unsound mind, or under tlie age of twenty-one years 
 is capable of making a will, excejjt that minors, eighteen years of age or up- 
 wards, may, by will, dispose of personal property. All other persons can 
 will away any property or interest in property. Will must be in writing, and 
 if not wholly in the handwriting of testator, must be signed and acknowl- 
 edged in the presence of at least two competent witnesses, present at the 
 same time. Witnesses must subscribe will in presence of each other, and 
 the testator. No form required. The intent of the testator, ascertained by 
 will, must prevail. 
 
 Witnesses. — All persons can testify in their own behalf, except as to com- 
 mimications and transactions had with deceased persons. Wife competent, 
 except in such cases as her husband is incompetent. Insane persons, infants 
 of such tender years as not to understand the nature of an oath, and infa- 
 mous persons are incompetent ; or testimony regarded as of little weight. 
 
 [W. Va. 10.]
 
 S44 
 
 WEST VIRGINIA. 
 
 ATTORNEYS IN WEST VIRGINIA. 
 
 Bold Face Type denotes county seats. A dash ( — ) less than 100 population. 
 Figures after names, when admitted to the Bar. A star (*) Notaries Public. 
 A double dagger (%) our Compiler of Laws. 
 A dagger (t) former recommendation withdrawn. 
 
 PLACE. 
 
 COUNTY. 
 
 Barboursville 
 
 Campbell 
 
 Berkley Springs 
 
 Morgan 
 
 Beverly 
 
 Randolph 
 
 Braxton C H 
 
 Braxton 
 
 Buckhannon 
 
 Upshur 
 
 Clarke sburgh 
 
 Harrison 
 
 Charleston 
 
 Kanawha 
 
 Charlestown 
 
 Jefferson 
 
 Clay 
 
 Clay 
 
 Elizabeth. 
 
 Wert 
 
 Fairmount. 
 
 Marion 
 
 Farmington 
 
 Marion 
 
 Payetteville 
 
 Fayette 
 
 Franklin 
 
 Pendleton 
 
 Glenville 
 
 Gilmer 
 
 Grafton 
 
 Taylor 
 
 Grantsville 
 
 Calhoun 
 
 Hamlin 
 
 Lincoln 
 
 Hinton 
 
 Summers 
 
 Huntersville 
 
 Pocahontas 
 
 }luutin<rton 
 
 Cabell 
 
 Jackson C H 
 
 Jackson 
 
 Keyser 
 
 Mineral 
 
 Kingwood 
 
 Preston 
 
 Lewisburgh 
 
 Greenbrier 
 
 Logan C H 
 
 Logan 
 
 Mauuington 
 
 Marion 
 
 Martinsbur^li 
 
 Berkley 
 
 Middleboume 
 
 Tyler 
 
 Moorefield 
 
 Hardy 
 
 Morgantown 
 
 Monongalia 
 
 Moundsville 
 
 Marshall 
 
 New Cumberland 
 
 Hancock 
 
 New Martinsville 
 
 Wetzel 
 
 Nicholas 
 
 Nicholas 
 
 Oceana 
 
 ^Yyomillg• 
 
 Parkersburgh 
 
 Wood 
 
 NAMES OF ATTORNEYS. POPULA'N. 
 
 .7. B. Laidley. 
 
 363 
 
 11. J. Smith. 
 
 575 
 
 Butcher & Harding. 
 
 300 
 
 F. J. Baxter. 
 
 250 
 
 W. C. Carper. 
 
 800 
 
 C. W. Lynch. 
 
 1,873 
 
 Knight «fc Couch. 
 
 5,000 
 
 Geo. Baylor. 
 
 4,193 
 
 E. R. Andrew. 
 
 108 
 
 Wm. Beard. 
 
 515 
 
 {See Farmington.) 
 
 1,200 
 
 ^*W.W. Campbell, '80. 
 
 197 
 
 ^ See Card in Appendix, page xxv. 
 
 
 ( See Uu n tington. ) 
 
 137 
 
 G. A. Blakeman. 
 
 300 
 
 N. M. Bennett. 
 
 236 
 
 f tM. H. Dent. 
 
 \ See Card in Appendix, jyage xxvi. 
 
 3,030 
 
 
 Linn & Hamilton. 
 
 112 
 
 R. C. Dickinson. 
 
 250 
 
 Adams & Miller. 
 
 1,500 
 
 L. M. McClintic. 
 
 1.50 
 
 L. D.Isbell, '71. 
 
 3,174 
 
 W. Miller. 
 
 408 
 
 F. M. Reynolds. 
 
 3,000 
 
 Wm. Brown. 
 
 365 
 
 Alex. F. Matthews. 
 
 985 
 
 C R. H. Clay. 
 
 500 
 
 > t G. R. Williams. 
 B. F. Charlton. 
 
 
 1,000 
 
 Faulkner Ingles. 
 
 7,000 
 
 W. P. Boreman. 
 
 400 
 
 H. S. Carr. 
 
 800 
 
 W. T. Willy. 
 
 1,500 
 
 0. L. Holliday. 
 
 2,500 
 
 .1. H. Atkinson. 
 
 2,000 
 
 GEO. H. UMSTEAD. 
 
 850 
 
 J. D. Alderson. 
 
 180 
 
 L. L. Chambers. 
 
 137 
 
 ( * V. B. ARCHER, '75. 
 
 
 I W. W. .JACKSON. 
 
 6.583 
 
 I BARNA POWELL, '58. 

 
 WEST VIRGINIA. 
 
 84o 
 
 ri-ATT^. 
 
 COUNTY. 
 
 Perry sville 
 
 McDowell 
 
 Petersburgh 
 
 Grant 
 
 PhUUpi 
 
 Barbour 
 
 Point Pleasant 
 
 Masou 
 
 Princeton 
 
 Mercer. 
 
 Raleigh C H 
 
 Raleigh 
 
 Kavenswnod 
 
 Jackson 
 
 Ritchie C H 
 
 Ritchie 
 
 Romney 
 
 Hampshire 
 
 8t. Albuns 
 
 Kanawha 
 
 St. George 
 
 Tucker 
 
 St. Mary's 
 
 Pleasants 
 
 Shepherdstown 
 
 .Teiferson 
 
 Spencer 
 
 Roane 
 
 Union 
 
 Monroe 
 
 Wajme C H 
 
 Wayne 
 
 Webster 
 
 AVebster 
 
 Wellsburgh 
 
 Brooks 
 
 Weston 
 
 Lewis 
 
 West Union 
 
 Doddridge 
 
 Wheeling 
 
 Ohio 
 
 Winfield 
 
 Putnam 
 
 NAMES OF ATTORNEYS. POPULa'n. 
 
 n. C. Anvil. 
 Re3'nolds & Forman. 
 Hon. Samuel Woods. 
 Simson & Howard. 
 McClaugherty & Hale. 
 Geo. W. Cook. 
 
 * CHAS. N. MATHENY^ 
 Thos. E. Davis. 
 
 R. W. Dailey, Jr. 
 Worth & Briggs. 
 L. S. Anvil. 
 J. B. Townsend. 
 Geo. M. Beltzhoover. 
 Wells & Pendleton. 
 Frank Hereford, '57. 
 
 B. J. Pritchard. 
 
 C. P. Dorr. 
 
 F. P. NUZUM, '87. 
 J. M. Bennett. 
 
 * P. GANG. 
 Jas. P. Rogers. 
 James H. Nash. 
 
 ■87. 
 
 100 
 :J50 
 400 
 
 2,000 
 250 
 22.') 
 !)00 
 ;500 
 750 
 
 1,800 
 280 
 800 
 
 1,533 
 300 
 372 
 255 
 200 
 
 2,562 
 
 1,600 
 
 450 
 
 31,26r> 
 
 407
 
 «46 
 
 WEST VIRGINIA. 
 
 BANKS IN WEST VIRGINIA. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital of one 
 ■bank in eacli county of this state in whicli such a banking institution is located. 
 
 Alderson 
 
 Buckhannou 
 
 Charleston 
 
 Charlestown 
 
 Clarksburg 
 
 Fairmont 
 
 Grafton 
 
 Huntington 
 
 Kingwood 
 
 Lewisburg 
 
 Martinsburg 
 
 Moorefield 
 
 Morgantown 
 
 Monndsville 
 
 NewCumb'rl'd 
 
 Parkersburg 
 
 Phillipi 
 
 Piedmont 
 
 Point Pleasant 
 
 Princeton 
 
 Ravenswood 
 
 Shepherdstown 
 
 Union 
 
 Wellsburg 
 
 Weston 
 
 Wheeling 
 
 NAME OF BANK. 
 
 Greenbrier Valley Bank 
 Buckhannon Bank 
 Kanawha Valley Bank 
 First Nat Bk of Jefferson 
 Merch Nat Bk of W Va 
 First National Bank 
 First National Bank 
 First National Bank 
 National Bank of Kingwood 
 Bank of Lewisburg 
 Nat Bank of Martinsburg 
 S Branch Valley Nat Bank 
 Merch Nat Bk of W Va 
 Marshall County Bank 
 Citizens' Bank 
 First National Bank 
 Tygart's Valley Bank 
 National Bank of Piedmont 
 Merchants' National Bank 
 Nat Bank of Princeton 
 Bank of Ravenswood 
 Jefferson Savings Bank 
 Bank of Union 
 Wellsburg National Bank 
 National Exchange Bank 
 Exchange Bank of Wheel'g 
 
 PAID UP 
 
 CASHIER. CAPITAL. 
 
 Jas. E. Mann. $29,000 
 
 R. E. Hudkins. 20,000 
 
 W. B. Seaton. 148,100 
 
 S. Howell. 50,000 
 
 L. Haymond. 100,000 
 
 J. E. Sands. 100,000 
 
 F. M. Durbin. 85,000 
 
 M. C. Dimmick. 50,000 
 
 F. Heermans. 125,000 
 J. W. Matthews. 40,000 
 Geo. S. Hill. 100,000 
 J. W. Gilkeson. 55,000 
 Wm. Wagner. 110,000 
 H. W. Hunter. 35,000 
 (Smith & Campbell.) 25,000 
 R. J. McCandish. 150,000 
 
 G. W. Gall, Jr. 35,000 
 U. B. McCandish. 50,000 
 T. Stribling. 50,000 
 H, Scott. 25,000 
 J. L. Armstrong. 25,000 
 B. F. Harrison. 25,000 
 J. W. McNeer. 37,800 
 J. S. Beall. 100,000 
 D. M. Bailey. 100,000 
 John J. Jones. 200,000
 
 STATE OF 
 
 WISCONSIN. 
 
 SUiMMARY OF 
 
 CoLLKCTioN Laws. 
 
 ■Court Calendar, Instructioxs for taking Depositions, Legal Forms, Etc. 
 
 Expressly Prepared and Revised to Nov. l.st, 1887, for " Showers' 
 
 Legal Directory and Merchants' Guide." for 1888, by 
 
 A. G. WEISSERT, ESa., OF THE MILWAUKEE BaR. ' 
 
 Acknowledgments. — Deeds executed within the state — of lands or any 
 interest iu lanits therein — must be executed in the presence of two ■witnesses, 
 and the persons executing must acknowledge the execution before any judge 
 of a court of record, commissioner, clerk of a circuit court, county clerk, 
 notary public, justice of the peace, United States court commissioner, regis- 
 ter of deeds, or clerk of the municipal court of the city and county of Mil- 
 waukee. If made by a corporation organized under any law of this .state, 
 such acknowledgment must be made by the ijresident or other authorized 
 officer of tlie corporation, sealed with the corporate seal, and countersigned 
 by the secretary or clerk of such corporation. Deeds conveying land, or 
 any other intei'est in land, situated in this state, if executed in any other 
 state, territory or district of the United States, may be executed according 
 to the laws of such place, and the acknowledgment maybe before any judge 
 or clerk of a court of record, notary i)ublie, ju.stice of the peace, master in 
 chanceiy or other officer there autliorized by law to take the acknowledg- 
 ment of deeds therein, or before a commissioner appointed by the governor 
 of this state for such purjiose. And if executed within the jurisdiction of 
 any military post of the United States, not within this state, it may be 
 acknowledged before the commanding officer thereof. If such acknowledg- 
 ment be taken before any commissioner appointed by the governor of this 
 ■state, clerk of a court of record with seal attached, notary public having a 
 ..seal, or commanding officer of a military post, the certificate of acknowledg- 
 ment shall certify that said acknowledgment and execution was according 
 to the laws of such state, territory or district. If executed before any 
 •other officer than as last above mentioned, it shall have attached thereto a 
 certificate of the clerk or other proper certifying officer of a court of record 
 of the county or district within which such acknowledgment was taken, 
 under the seal of his office, that tlie person whose name is subscribed to the 
 certificate of acknowledgment was at the date thereof such officer as he is 
 therein represented to be, and that he believes such signature to be genuine, 
 and that snch deed was executed according to the laws of such state, terri- 
 tory or district. If such deed be executed in any foreign country; it may be 
 executed according to its laws, and acknowledged before any notary public — 
 with .seal affixed — or other officer authorized by law there to take such ac- 
 knowledgments, or any minister, charge d'affaires, commissioner or consul 
 •of the United States appointed to reside therein, with certificate that such 
 'execution and acknowledgment was according to the laws of such country. 
 
 [Wis. 1.]
 
 848 WISCONSIN. 
 
 Actions. — In circuit courts, actions are commenced by summons issued 
 from the attorney's office, Comiilaint may be annexed or not at ideasure. 
 Twenty days after service, judgment, in default of answer or demand for 
 complaint, may be entered with the clerk in actions " on contract for the re- 
 covery of money only;" and execution issued at once. In other actions 
 judgment only by the court in term. In justice's court, if service is ob- 
 tained, judgment can be rendered on return day, which must be at least six 
 days after service, upon proof of plaintiff's claim. 
 
 Actions concerning real estate are to be brought in the county wheie the 
 land, or some part thereof, lies. Against a railroad company, in some county 
 through which the road nins ; against other corporations, if domestic, where 
 the cause arose, or the principal office is situated; if foreign, at plaintiffs 
 option. Personal actions may be brovight in any county, but defendants 
 may have venue changed to county where they reside. The circuit court 
 shall also change the place of ti'ial of any action commenced before a justice 
 of the peace by process personally served, and pending on api)eal, to the 
 county in wliich the defendant resides, upon motion made at i\ rst term at 
 which action is noticed for trial. 
 
 Administration. — Letters of administration shall be granted to the fol- 
 lowing persons, and in the following manner : 
 
 1st. To the widow or next of kin, or both, as the county court may think 
 proper, or such person as the widow or next of kin may request to have ap- 
 pointed, i£ suitable and competent to discharge the trust. 
 
 2d. If the widow, or next of kin, or the person selected by them, .shall be 
 unsxiitable or incompetent, or if the widow and next of kin shall neglect for 
 thirty days after the death of the intestate to apply for administration, or to 
 request that administration be granted to some other person, the same may 
 be granted to one or more of the principal creditors, if any sucli are compe- 
 tent and willing to take it. 
 
 8d. If there be no widow, next of kin or creditor competent and willmg 
 to take administration ; the same may be committed to some other person as 
 county court may think proper. When any person shall die intestate, leav- 
 ing property in the state, but leaving no widow or next of kin known to the 
 county court, living therein, administration shall then be granted to public 
 administrator. 
 
 Affidavits. — Affidavits may be taken outside this state, for use here, before 
 any judge, court commissioner, master in chancery, notary public, justice of 
 the peace, or other officer authorized by any state, territory or district of the 
 United States to administer oaths in the form there authorized. Unless such 
 oath or affidavit is certified by a notary public, and his official seal thereto 
 affixed (in which case no further attestation is necessary. Laws 1883, chap. 
 119), such affidavit or oath must have attached a certificate of the clerk or 
 other proper certifying officer of 'a court of record of the county or district 
 within which such oath or affidavit w as taken, under his seal of office, that 
 the person whose name is subscribed to the jurat was at the date thereof 
 such officer as he is therein represented to be, and that he believes the signa- 
 ture of such officer to be genuine. 
 
 Aliens. — It shall be unlawful for any alien not a resident of this state, or 
 f>f the United States, or for any corporation not created by or under the 
 laws of the United States, or of some other state or territory of the United 
 States, to hereafter acquire, hold, or own more than three liundrcd and 
 twenty acres of land, in this state, or any interest therein, except such as 
 may be acquired by devise, inheritance, or in good faith, in the course of jus- 
 tice, in the collection of debts heretofore created. Corporations and asso- 
 ciations, more than twenty per cent, of the stock of whicli is or may be 
 owned by any person, corporation, or association, who are aliens not resident 
 of this state or of the Unit<id States, are under the same restrictions. 
 [WiK. 2.]
 
 WISCONSIN. 819 
 
 Appeals. — Appeals lie from a court of justice of the peace to the circuit 
 or county court ; from the probate courts to the circuit courts, and from the 
 circuit and county courts to the supreme court.. In appeals from a justices' 
 court, they shall be tried de novo, when the judgment appealed from shall 
 exceed $15, exclusive of costs, or if the party at the time of appealing shall 
 make affidavit that he has a valid claim against the adverse party exceeding 
 $15 ; or when in an action of replevin, the jury or justice sliall find the 
 value of the property in controversy exceeds $15. 
 
 Arrest. — Defendant may be arrested by order of a judge, at any time be- 
 fore judgment on an affidavit showing a cause of action for damages, nor on 
 contract for embezzlement, &c., by public officer, attorney, &c., for other 
 causes named in the statute. 
 
 Assignments and Insolvency. — Ati insolvent debtor may make an assign- 
 ment for the benefit of his creditors. Preference to creditors prohibited, 
 except for the wages of laborers, servants or employees, earned within six 
 months prior to assigument. In insolvency proceedings, he must present a 
 petition to the circuit court, or a judge thereof, with sworn schedule and 
 affidavit. A creditors' meeting is held after due notice by publication, and 
 on issue joined, a jury trial may be had, and defendant examined under cath 
 as to his property, If jury find for insolvent, the court will grant his dis- 
 charge ; but tliis is voidable where fraiul has been practiced. If no objec- 
 tion, the judge grants discharge as of course. 
 
 Attachments. — May issue against property of debtor, except municipal 
 corporations, eitlier at the time of issuing summons, or at any time before 
 final judgment; in actions on contract, express or implied, or upon judgment 
 or decree, where the plaintiff or st)me one in his behalf, show s by affidavit, 
 that the debt exceeds fifty dollars — specifying amount as near as can be — 
 over and above all legal set-otis, and that deponent knows, or has good rea- 
 son to believe, either: 
 
 1. That the defendant has absconded, or is about to abscond from the state, 
 or is concealed therein, with intent to avoid the service of a summons ; 2. 
 That he has assigned, conveyed, disposed of, or concealed, or is about to, any 
 of his property, w ith intent to defraud his creditors. 3. That he has le- 
 moved, or is about to remove, any of his property out of the state, with like 
 intent. 4. That he fraudulently contracted the debt or incurred the obliga- 
 tion respecting which the action is brought ; or, 5. That he is not a resident 
 of this state ; or, G. That the defendant is a foreign Cf)rporation, or, if created 
 under the laws of this state, that all the proper officers thereof, on whom to 
 serve the summons do not exist, are non-residents of tlm state, or can not be 
 found ; or, 7. That the action is brought against the defendant, as principal, 
 upon an official bond, to recover money due the state, or some county orotlier 
 municipality therein ; or that the action is brought against a defemlant, as 
 principal, upon a bond or other instrument given as evidence of indebted- 
 ness, for or to secure payment of money embezzled or misappropriated by 
 the defendant, while acting as an officer of the state, or of any county or 
 municipality therein ; or an affidavit showing that a cause of action, sound- 
 ing in tort, exists in favor of the plaintiff", against the defendant named in 
 such writ ; that the damages sustained and claimed, exceed the sum of fifty 
 dollars, specifying the amount claimed, and the further statement, either : 1. 
 That the defendant is not a resident of this state, or that his residence is un- 
 known, and cannot with due diligence, be ascertained ; or, 3. That the de- 
 fendant is a foreign corporation. 
 
 Attachment may be issued on demand not due, in any case mentioned 
 above, except the 5th, Gth and 7th ; same proceedings had and like affidavit, 
 except that it must state that the debt is to become due ; and tlie undertaking 
 must be conditioned in three times the amount demanded. 
 
 Attachment may be travcr.sed by special answer, the i)laintiff must prove 
 the allegations of tlie affidavit ; proof of good reason to believe them true is 
 
 [Wis. 3.]
 
 850 WISCONSIN. 
 
 iiisaffioient ; and on dubt not due, if traversed .successfully, action will be 
 dismissed, with costs against plaintiff. 
 
 Bills of Exchange and Promi.ssory Notes. — (See Notes and BilU of 
 Exchange.) 
 
 Chattel Mortgages. — No mortgage of personal property is valid against 
 any other person than the parties thereto, unless jiossession be delivered to 
 and retained by the mortgagee, or unless the mortgage or copy thereof be 
 filed in the office of the clerk of the town, city or village where the mortga- 
 gor I'esides, or in case the mortgagor is a non-resident, with the clerk of the 
 town, city, or village where the property may be at the time of the execu- 
 tion of such mortgage. They are then valid for two years from date of fil- 
 ing same ; not valid after that time unless within thirty days next preceding 
 the expiration of the two years, the mortgagee, his agent or attorney, shall 
 make and aiuiex to the instrument an affidavit setting forth the interest 
 which the mortgagee has by virtue of such mortgage in the property therein 
 mentioned, upon which affidavit the clei'k shall indorse the time when the 
 same was filed. The effect of such affidavit shall be to extend the time two 
 years longer from the time it would otherwise have expired. Before the 
 time when such mortgages would otherwise expire a similiar affidavit may- 
 be filed within ttiirty days with like result. 
 
 No chattel mortgage of personal property, which is by law exempt from 
 seizure and sale upon execution, shall be valid unless the same be signed by 
 the wife of the person making such chattel mortgage, if he be a married 
 man, and his wife at the time be a member of liis family, and unless such 
 signature of such wife be witnessed by two witnesses. 
 
 Claims against Decedent's Estates.^The debts of a decedent (after 
 paying necessary expenses of administration) shall be paid in the following 
 order : 1st. The necessary funeral expenses. 2d. The expenses of the last 
 sickness. 3d. Debts having a preference under the laws of the United 
 States. 4th. Debts due to other creditors. If there shall not be assets 
 enough to pay all the debts of any one class, each debtor shall be paid a 
 dividend in proportion to his claim ; and no creditor of any one class shall 
 receive any payment until all of those of the preceding class shall be fully 
 paid. Proof of claims against estate should be promptly filed in i^robate 
 court. 
 
 Corporations. — May be formed under the general statute (Sec. 1771, R. 
 8, 1878) by filing articles of incorporation with the register of deeds of the 
 county in which such corporation is located. Such original articles, or a 
 true copy thereof, must be verified as such, by the affidavits of two of the 
 signers, and a like verified copy must, within thirty days, be filed with the 
 secretary of the state. Stockholders are liable only to the amount of stock 
 subscribed by them until the same is fully paid. The directors need not be 
 citizens. {See, also, Aliens.) 
 
 Courts. — Tlheir TermH and Jurisdiction : 
 
 Justices of the Peace. — Justices of the peace have jurisdiction co-exten- 
 sive with limits of his county when amount claimed or value in controversy 
 does not exceed two hundred dollars, but the defendant may confess judg- 
 ment for any sum not exceeding three hundred dollars. No justice has 
 jurisdiction in any action for libel, slander, malicious prosecution, false im- 
 prisonment, actions where title to real property shall come in question, 
 against an executor or administrator for any debt or demand due from testa- 
 tion or intestate actions for or against any town in which the justice is 
 elected. Appeal lies to circuit courts when trial de novo takes place. 
 
 Superior Courts. — The superior court for Milwaukee county has exclusive 
 appellate jurisdiction in all appeal cases from justice courts in civil actions, 
 [Wis. 4.]
 
 ^WISCONSIN, 
 
 851 
 
 ami in all cases commenced in justices' court toucliing the title of lands. 
 f>aid court also exercises jurisdiction in all civil actions and proceedings in 
 law and equity, consistent with tlici circuit court to the extent of not over 
 live million dollars. 
 
 Circuit Courts. — A circuit court exists in each of the several judicial cir- 
 cuits into Avliich the state is divided, and has a general jurisdiction co-exten- 
 sive with circuit in all cases arising in law and etjuity. xV.lso has jurisdiction 
 of all crimhxal cases, and is the appellate court from justices' and probate 
 courts. 
 
 County Courts — County courts have appellate jurisdiction from justices' 
 court in certain counties. The county judges shall also hold i)robate court 
 and have jurisdiction over matters relating to estates of deceased persons, 
 minors, and persons of unsound mind. 
 
 Supreme Courta. — The supreme court is the highest appellate court in the 
 state and has a general superintending control over all the inferior courts. 
 Appeals lie from the various circuit courts and the superior court of Mil- 
 waukee county ; from county courts when acting as appellate courts or ex- 
 ercising civil jurisdiction, and from the municipal courts of Ripon, Madison 
 and Milwaukee. It also has an original jurisdiction in quo warranto, habeas 
 corpus, mandamus and other remedial writs. 
 
 Court Calendar. - 
 
 UNITED STATES COURTS. 
 
 For terms of the tJnited States Circuit and District Courts and officials, see first 
 part of Court Calendar. 
 
 THE SUPREME COURT OF WISCONSIN. 
 
 Jurisdiction. Its jurisdiction is clilefly appellate, with exclusive original Juris- 
 diction of actions against the State, and the power to issue writs of mandamus, 
 prohibition, quo warranto, etc. 
 
 Chief Justice, Orsamus Cole. Associate Justices, William P. Lyon, David Taylor, 
 ITarlow S. Orton, and John B. Cassoday, all residing at Madison. C^er A, Clarence 
 ICellogg, of Madison. Reporter, F. K. Conover, ot" Madison. Attorney-GenercU, 
 Charles E. Estabrook, of Manitowoc, Wis. 
 
 Regular Terms. At Madison, Tuesday preoeedlng 2d Wednesday iu .lanuary 
 and 2d Tuesday in August. 
 
 TIMES FOR HOLDING CIRCUIT COURTS. 
 
 County. 
 Adams . . 
 Ashland . 
 Barron . . 
 Bayfield . 
 Brown . . 
 
 Buffalo . . 
 Burnett . 
 Calumet . 
 Ohippewa 
 (Uarke . . 
 Columbia 
 Crawford 
 Dane . . 
 
 I>odge . . 
 Door . . , 
 
 County Seat. Circuit 
 
 . Friendsliip . 
 .Ashland. . 
 Uarron . . . 
 Bayfield . , 
 tireen Bay 
 
 9th 
 loth. 
 11th. 
 15th. 
 Itth. 
 
 . ,\lina 8th. 
 
 . (jrantsburg . . 11th. 
 . Chilton .... od. 
 . Chippewa Falls 11th. 
 . NeillsvlUe . . 6th. 
 . Portage .... i»th. 
 Prairie duChien 6th. 
 . Madison . . . yth. 
 
 , .luneau . . . . 
 , Sturgeon Bay 
 
 Douglas 
 Dunn . 
 
 Superior . . 
 Menomonee 
 
 Eau Claire . Eau Claire 
 
 Florence . . 
 Fon du Lac. 
 
 Florence . 
 Fon du Lac. 
 
 i:«h. 
 
 14th. 
 
 11th. 
 8th. 
 
 8th. 
 
 10th. 
 4th. 
 
 Terms. 
 Hd Tues. In Jan. and 2d Tues. in June, ftt 
 Ist Tues. in June and 1st Tues. in Dec. Jj 
 Tues. after 4th Mon. in .-Vpril and Sept. U 
 1st Tues. in xVpril and Oct.ji 
 
 2d Mon. in Jan. f 1st Mon. in April, and 2d Mon. 
 in Nov.** 
 
 4th Mon. In Feb. and 4th Mon. in Oct. tl 
 Tues. after od Mon in .\prll and Sept. fj 
 1st Mon. after 1st Tues. April, let Mon. of Oct. * 
 Tues. after 1st Mon in May and Oct. 5| 
 1st Mons. in March g and Sept. 
 2d Tues. in May % and 2d Tues. In Dec. +ttt 
 4th Tues. in May * and 2d Tues In Nov. 
 Mon.afterlstTues. In April,I2dTues. lnJuly«*t 
 
 2d Mon. In Nov Jttt 
 4th Tues. in Sept. and 2d Tues. In Feb. 
 1st Tues in p-eb. and Tues. after 1st Mons. In 
 
 Sept ** 
 4th Mon. in .lune and od Mon. In Dee. J- 
 2d Mon. in March and Sept. Jl and 1st Mon. in 
 
 July. t 
 4th Mons. in March lij and Sept., and 1st Mon. 
 
 in .Ian. t 
 1st Tues in March and ;M Tues In Sept. *** 
 Tue.s. after 1st Mon. in March.) Tues. after 2d 
 
 Mon. in Nov., Tues. after .".d Mon. in Feb.ft 
 
 and Tues. after Ist Mon. In July. If 
 
 [Wis. .5.]
 
 852 
 
 WISCONSIN. 
 
 OourUy. OourUi/ Scat. Circuit. 
 
 Terrrns. 
 
 Forrest . . Crandon . . . 
 Grant . . . Lancaster . . 
 Green . . . Monroe .... 
 Green Lake.Dartford. . . . 
 Iowa .... Dodgeville . . 
 Jackson. . Blk River Falls 
 Jefferson . Jefferson . . . 
 
 Jnneau . 
 Kenosha 
 
 . Mauston 
 . Kenosha 
 
 ■ Kewaunee .Kewaunee . 
 La Crosse . La Crosse . . 
 Ija Fayette.Darlington . 
 Langlade . Antigo. . . . 
 Lincoln . . Merrill . . . 
 Manitowoc, Manitowoc . 
 
 Marathon . Wausau. . . 
 Marinette .Marinette . 
 Marquette, Montello . . 
 
 Milwaukee Milwaukee . 
 
 10th. 
 6th. 
 12th. 
 3d. 
 6th. 
 6th. 
 12th. 
 
 9th. 
 1st. 
 
 4th. 
 6th. 
 5th. 
 10th. 
 7th. 
 4th. 
 
 Tth. 
 
 14th. 
 
 9th. 
 
 2d. 
 
 Monroe . . Sparta .... 6th. 
 Oneida . . Rhinelander . 15th. 
 Oconto . . Oconto .... 14th. 
 Outagamie Appleton . . . 10th. 
 Ozaukee . P.Washington 13th. 
 Pepin . . . Arkansaw . . 8th. 
 Pierce . . , Ellsworth . . 8th. 
 
 Polk 
 
 , Osceola Mills, llth. 
 
 Portage . . Stevens Point. Tth 
 J 'rice . . . Phillips . . . 15th. 
 lUicine . . Racine .... 1st. 
 
 Richland . Richland C'tre. .5th. 
 ' Itock . . . Janesville . . 12th. 
 
 St. Croix . Hudson . . . Sth. 
 
 Sauk . . . Raraboo . . . 9th. 
 
 Sawyer . . Hayward . . 1.5th. 
 
 Shawano . Shawano . . . 10th. 
 
 Sheboygan Sheboygan . . 4th. 
 
 Taylor . . Medford . . . 15th. 
 
 Trempea'lu White Hall . 6th. 
 
 Vernon . . Viroqua . . . 6th. 
 
 Walworth Elkhorn . . . 1st. 
 
 Washburn. Shell Lake . . llth. 
 
 Wash'gton West Bend . . 13th. 
 
 Waukesha Waukesha . . 13th. 
 
 Waupaca . Waupaca . . Tth. 
 Waushara . Wautoma . . Tth. 
 Winnebago Oslikosh . . . 3d. 
 
 Wood 
 
 Grand Rapid. s Tth. 
 
 1st Tues in April and Ist Tues, In Oct. *** 
 3d Tues. in Feb.* and 2d Sept. 
 1st Tues. in March and Oct.* 3d Tues. in June.** 
 3d Mon. in Jan. and 1st Mon. in June.* 
 4th Tues. in March* and 1st Tues. in Oct. 
 3d Mons. in March g and Sew. 
 1st Mon. in Feb., 1st Mon in Sept.,* and 2d Tues, 
 
 in June.** 
 2d Mon. in Marcli and 3d Mon. In Oct.ftt 
 2d Mon. in April, Ist Mon in Aug.,** and 2d Mou, 
 
 in Nov.* 
 1st Mon. in May J and 8d Mon in Oct. 
 2d Mons. in May g and Nov. 
 3d Tues. in June* and 1st Tues. in Dec. 
 3d Tues. in March and 1st Tues. in Sept.gg 
 Ist Mon. in May and last Mon. in Oct.ft 
 Tues. after 2d Mon. in Jan., J and Tues. after Ist 
 
 Mon. in June. 
 3d Mon. in March and 2d Mon. in Nov. ft 
 1st Mon. in June and 4th Mon. in Oct.** 
 Tues. after 1st Mon in Jan., and Tues. after -Sd 
 
 Mon. in June.ttt 
 2d Mon. in Jan.,* 1st Mon. in May, 4th Mou. in 
 
 .Tune,** and 1st Mon in Oct. 
 1st Mon in April g and 1st Mon in Oct. 
 4th Tues. in April and Oct. Ij 
 3d Mon. ot May, 1st Mon. of Oct.** 
 2d Mon. in Oct. gg and 1st Mon. in Feb f 
 Ist Tues. in Sept. and March. 
 3d Mons. in April and Oct. JT 
 2d Mon. in June, 2d Mnn in r)ec.,|J and l.st Mon. 
 
 in Sept. at River Falls.f 
 Tues. after 2d Mon. in June, and Tues. after is.t 
 
 Mon. in Dec. ||i| 
 3d Mon. in Fob. and 2d Mon. in Oct. ft 
 1st Tues. in May and Nov. |||| 
 2d Mon. in Marcti, 3d Mon. in June,** and 2d 
 
 Mon. in Oct.* 
 2d Tues. in April* and 4th Tues. in Oct. 
 4th Mon. in Jan.,** 4th Mon. in April, and Wed. 
 
 after 1st Mon in Nov.* 
 2d Mon. in May, 3d Mon. in Nov., H and 3d Mon. 
 
 in Feb. f at Menonionic. 
 3d Mon. in March and 3d Mon. in Sept. fft 
 o(l Toes, in April and Oct. |||| 
 ■Uh Mon in .Tune and 2d Mon. in Nov. gg 
 3d Mon. in April ||and 4th Mon. in Sept. 
 3d Tues. in May and Nov. |]| 
 2d Mons. in.Iuneg and Dec. 
 4th Mon. in April g and 3d Mon. in Oct. 
 2d Mons. in Fel>., June,** and Sept.* 
 1st Mon. in .Tune and 4th Mon. in Dec. || 
 3d Tues. in Oct. and March. 
 1st Tues. in Dec, 4th Tues. in May, 4th Tue«. In 
 
 Aug.,t and 1st Tues. in Feb.f 
 3d Mon. in Jan. and June. ft 
 3d Tues. in April and last Tues. in Sept.+f 
 1st Mon. in May, 1st Mon. in Dec* 1st Tues. in 
 
 Sept and Feb. 
 4tli Mon. in May and 1st Mon. Dec +t 
 
 * Every term In this circuit is also special term for whole judicial cir(Hiit. 
 Special terin without jury. 
 Special term for whole circuit. 
 
 Every term in counties of Fon du Lac, Manitowoc, andSheboygan, are sjjeclal 
 terriis for whole circuit. 
 
 g Every general term In the counties of .Tackson, La Crosse, Monroe, and 
 Trempealeau, are special terms for the whole judicial circuit. 
 
 ** Without jury. 
 
 ft Every general term shall also be special terms for whole Tth circuit. 
 
 jf Every general term of 8th circuit is special term for whole circuit. 
 
 Illl Every general term in Ashland, Oneida, Bayfield, Taylor, Price, Sawyer, 
 Chippewa, and Polk counties is special term for whole circuit. 
 
 *** Every general t<!rm in Langlade, Outagamie and Shawano is special term 
 for whole circuit. 
 
 ttt Every term in counties of Dane and Columbia is special term for whole cir- 
 cuit. 
 
 gg Every t^rnx In the counties of Brown, Oconto, and Marinette are special 
 terms for whole Judicial circuit. 
 
 [Wis. C.]
 
 WISCONSIN. 8o3 
 
 Deeds. — No conveyance of land shall bo good and available in law unless 
 the same shall be executed in the presence of two witnesses, who shall sul)- 
 ticribe their nanu-s to the same as such. If by a corporation, it shall be 
 ^igned by the president or other autliorized officer of the corporation, sealed 
 with the corporate seal, and countersigned by the secretary or clerk thereof. 
 To entitle a conveyance to be recorded, the same must be acknowledged, 
 and unless so recorded, shall be void as against any subsequent purchaser in 
 good faith and for a valuable consideration whose conveyance shall first be 
 recorded. Every deed duly executed and acknowledged, shall bo received 
 in evidence without further proof of its validity. Wheuever a seal is neces- 
 sary, a scroll or device as a seal is sufficient. 
 
 Depositions. — Depositions of witnesses within the state, residing more 
 than tliirty miles from place of trial, about to leave the state, not intending 
 to return in time for the trial or hearing, or sick, infirm or aged, as to make 
 it probable that he w ill not be able to attend to tlie trial or hearing, when 
 he shall be a member of the legislature and the legislature shall be in ses- 
 sion, provided he waives his i)rivilege, when his testimony is material to any 
 motion or other similar proceeding pending in any court of record, and bo 
 shall have refused voluntarily to make his affidavit of the facts within his 
 knowledge in reference thereto, may be taken before a justice or court coni- 
 missicmer, or any other person authorized by law to take depositions. No- 
 tice required is twenty-four hours, and one day for every twenty miles' 
 travel. Interrogatories may be written or verbal. The deposition, written 
 by the magistrate or under his direction, duly certified by him and attached 
 to the notice, must be i-etumed to the court where to be used. 
 
 Depositions of witnesses without the state are taken as follows : A com- 
 missioner may issue (1) where an issue of fact has been joined; (2) when 
 time limited lor defendant to plead has expired without plea, etc. ; (0) 
 A\ hen after commencement of action the witness is sick, infirm, or aged, 
 ;uid likely to die, or is about to remove, or for any other cause deemed suffi- 
 cient by the court ; (-1) when needed uj)()n any trial or hearing, motion or 
 jiroeeeding, before or after judgment. To procure commission, ])arty desir- 
 ing it prepares direct interrogatories, stating in caption the name of the 
 commissioner projiosed by him and the name of the witness and place of 
 residence of each, and serves a coi)y on adverse pai'ty. with notice that at 
 end of ten days fi-om date of service a commissit)n w ill be issued, specify- 
 ing cause or reast)n for taking deposition. Within the ten days tlie opposite 
 party may file and serve cross-interrc>gatories or objections, and may state 
 name of another and additional commissioner, if lie desire one, who shall bo 
 resident of the same county as the one first named. At the end of ten 
 days, if time be not enlarged, the moving i>arty may file notice, interroga- 
 tories, objections to cross-interrogatories, and i)roof of service. The com- 
 mission siiall then issue, with all int(.'rrogatories annexed, and be transmittexi 
 to commissioni'r first named. If (Uifendant lias not appeared, commission 
 may issue without notice in second cause above specified. The commissioner 
 first named shall fix time and place, notify othei commissioner ; one day's 
 notice and one day for each thirty miles' travel ; and if by mail, double time 
 required. Commissioner first named shall liave charge of and return depo- 
 sition. Each party shall pay fees of his own commissioner and witnesses; 
 same to be taxi'd as disbursements. Each witness must subscribe his name 
 to deposition ; the commissicmers acting must subscribe each page, and must 
 certify in their return the mode of executing same, particularly time, place, 
 and manner, and must show by certificate that the "witness before deposing 
 was duly sworn or affirmed to testify the truth, the whole truth and nothing 
 but the truth, in relation to matters in diffin-ence. The whole, being annexed 
 together, must be returned by the commissioners acting to the clerk of the 
 court, in a sealed envelope, by mail, or by any trusty disinterested person. 
 
 fWIs. 7.]
 
 854 WISCONSIN. 
 
 Form of Notice and Caption for Interrogatories. 
 
 m. > State of Wisconsin. In Circuit Court for Milwaukee county. 
 
 Interrogatories to be propounded to , of the city of in the 
 
 county of and state of , before Esq., of the city of 
 
 in the county of and state of to whom a commission is to be 
 
 issued to take deposition of the said witness, to be used in the above entitled, 
 action now pending in said court, on the part of the plaintiif. 
 
 Form of Notice to be served . with copy of Interrogatories. 
 (Title of cause.) 
 
 Gentlemen : — Please take notice that, at the expiration of ten days from 
 the date of the service of this notice on you, a commission will be issued to 
 -, Esq., of in the county of and state of to take 
 
 the deposition of , who resides in the city of • county of - 
 
 and state of to be used on the part of the plaintiff on the trial of the 
 
 above entitled action. The reason for taking said deposition is (here specify 
 cause or reason.) (Attorneys for plaintiff.) 
 
 To , Attorneys for defendant. 
 
 A non-resident's deposition may be taken before any United States or state 
 judge, justice, court commissioner, or notary public, on simple notice of time 
 and place of taking to the other party of at least ten days and one day addi- 
 tional for each one hundred miles from the party notified. 
 
 Every deposition should be filed one day at least before the term of court. 
 All objections to the validity are to be made before trial. Depositions may 
 be similarly taken in cases pending before a justice. 
 
 Fm-m of Deposition, etc., where a Commission Issues. 
 
 CAPTION. 
 
 A. B. ) 
 
 vs. > State of Wisconsin. In circuit court for Milwaukee countv. 
 CD.) 
 
 [Use this caption from *to the** for each witness, though no forms are 
 prescribed, ] 
 
 *The deposition of E. F,, a witness on the part of the said plaintiff, taken 
 by and before the undersigned, S. G. W. (and — ) the commission (or com- 
 missioners) named in the annexed commission issued out of and under the 
 seal of the aforesaid circuit court of Milwaukee county, at the office of B. 
 D. J. & Co., in the city and county of New York, in the state of New York, 
 on the 10th day of October, 188 , between the hours of 10 a. m. and 4 p. m., 
 upon the annexed interrogatories and cross-interrogatories,** 
 
 To the first interrogatory he saith : My name is P. J., &c. 
 
 To the first cross-interrogatory he saith, &c. (Signed) E. F. 
 
 Subscribed and sworn to before me this 10th day of October, A. D. 188 — . 
 
 S. G. W., Commissioner 
 
 I, S.G. W., the commissioner named (or one of the commissioners named) 
 in the annexed and foregoing commission, do hereby certify and return to 
 the circuit court for Milwaukee county, Wisconsin, that I duly received the 
 said commission (or, use this if two commissioners named and only one at- 
 tends) : *that I attended alone upon the execution of the commission, but 
 previously thereto gave written notice, a copy of which is hereto annexed by 
 
 B. W., of the time and place of executing the same, at least days before 
 
 such execution (state manner of service), but he failed to attend, and at the 
 time and place stated in the caption to the annexed deposition, caused said 
 witness, E. F., to ajjpear before me ; that then and there said witness was by 
 me first cautioned and sworn to testify the truth, the whole truth, and noth- 
 ing but the truth, in relation to the matters in difference iu said action, and 
 [Wis. 8.]
 
 WISCONSIN. 855 
 
 JTi answer to the direct and cross-intcrrogatorics' to liim addressed ; that I 
 then propounded to said witness, consecutively, each intern )j^^atory and cross- 
 interrogatory annexed to said commission and herewith returned, and in the 
 same order myself reiluced his answer thereto to writing, and the same arc 
 hereunto annexed ; and the Bume being concluded, I read to witness tlie sev- 
 eral answers so made and written, and ho thereupon subscribed the same in 
 my presence, and tliat I have subscribed my name to each page <^f said depo- 
 sition ; that the said deposition was taken on the 10th day of August, 188 — , 
 between the hours of 10 a. m. and 4 p. m. ; that my fees for the same are $10, 
 })aid by plaintiff. 
 
 In witness Avhereof I have hereunto set my hand. Commissioner. 
 
 yorm when Deposition is taken before a Commissioner of Deeds for Wiscon- 
 sin, without Commission. 
 
 CAPTION. 
 
 C. L. ^ 
 €5. > Statk ok "Wisconsin. Circuit court of Milwaukee county. 
 M. N. O. ) 
 
 Testimony of P. R. on the part of the comj)lainant, taken before S. G. W., 
 commissioner for the state of Wisconsin, on the 1st day of January, in pur- 
 suance c»f an order of said court (or, the annexed notice, or stipulation). 
 C T. R. appearing for complainant, and R. M. E. for defendant. 
 
 R. M. being duly sworn, deposes and says as follows, to wit :' "I am aiv 
 quainted with the parties,'' etc. 
 
 [Jurat.] (Signed.) R. M. 
 
 CliKTIFICATK. 
 
 Statk of Nkav York, } 
 
 City and County of Xew Yokk. \ ' 
 
 I, S. G. W.; commissioner for the state of "Wisconsin, in and for said 
 county, do hereby certify that the above deposition of R. M. was taken 
 
 before me at my office , in the city of New York, in said county, on the 
 
 1st day of February, A. D. 18b — , c(jmmencing at 10 o'clock a. m. ; that it 
 was taken at the re(j[uest of the plaintiff upon verbal (or written) interroga- 
 tories hereto aiuiexed, and reduced to writing by myself; that it was taken 
 to be used in the suit of C. L., plaintilT, and M. N. 0., defendant, now laeml- 
 ing in the circuit court of said Milwaukee county, state of ^^"iscc)nsin, in 
 pursuance of the annexed notice ; that V. T. R., attorney for the plaiutifl", 
 and R. M. E.. attorney for the defendant, attended at the taking of said 
 deposition ; that said deponent was before examination s'worn to testify the 
 truth, the whole truth, and nothing liutthe tnith, relative to said cause; antl 
 that said deposition was carefully read over to said deponent by me, anil 
 then subscril)ed by him ; that a notice, of which the aimexed is a true copy, 
 was served upon R. 31. E., the attorney for the defendant, on the 1st day of 
 December, 188 — , an<l said deposition taken in i)uisiian(;e thereof. 
 
 In witness whereof I have hereto set my hand and affixed my official .seal 
 this 1st day of February, 188 — . 
 
 S. G. W., commissioner for Wisconsin in New York. 
 
 Divorces. — From the bond of matrimony may be granted on application 
 of the party injured : 1. Adulteiy. 2. Impotence. iJ, When cither party 
 subsequent to the marriage has been sentenced to imprisonment for three 
 years or more ; and no pardon granted after a divorce for that cause sliall 
 restore the party sentenced to his or lier conjugal rights. 4. For the wilful 
 desertion of one party by the other ffir the term of one year next preceding 
 the commencement of the action. 0. When the treatment of the wife by 
 the husband has been cruel and inhuman, whether practiced by using per- 
 sonal violence or any other means ; or when the wife shall bo guilty of like 
 cruelty to her husband or shall be given to intoxication. 0. When the hus- 
 
 [Wis. 9 ]
 
 856 WISCONSIN. 
 
 l^and or wife sliall have been an habitual drunkard for the space of one year 
 immediately preceding the commencement of the action. 7. Whenever tho 
 liusband and wile shall have voluntarily lived entirely sejiarate for the space 
 of five years next preceding the commencement of the action, the same may 
 "be granted at the suit of either party. Divorces from bed and board maybe 
 granted : 1. For the fourth, fifth and sixth causes above specified. 2. For 
 extreme cruelty of either party. 3. On complamt of the wife when the hus- 
 band being of sufficient ability, shall refuse or neglect to provide for her, or 
 when his conduct toward her is such as may render it unsafe and improper 
 for her to live with him. 
 
 Dower. — The wife is entitled upon the death of her husband to one-third 
 part of all the lands of which her liusband was seized of an estate of inheri- 
 tance at any time during marriage, unless she is lawfully barred. 
 
 Evidence. — No person is disqualified as a witness, but interest of party 
 may be shown to aifect credibility ; but no person who has an interest which 
 may be alfected by the determination of the action, shall be examined as a 
 witness against a party claiming under or through a deceased, or in someixjr- 
 son, touching any transaction or communication, unless the party so claiming 
 is himself examined about such transaction or communication. A husband 
 or a wife shall not be allov^'ed to disclose a confidential communication, made 
 by one to the other, during their marriage, without the consent of the other. 
 In an action for crim. con., the plaintift''s wife is a competent witness for the 
 defendant, as to any matter in controversy, except as aforesaid. In criminal 
 matters, the party charged shall, at his own request, be a competent witness, 
 and not otherwise ; but his refusal to testify shall not create any presumption 
 against him. A person who has been convicted of a criminal ottence is still 
 competent, but the conviction may be proved to affect his credibility. 
 
 Execution. — On circuit court judgments may issue as soon as costs are 
 taxed and judgment is docketed, and are returnable within sixty days, and 
 may be issued at any time within five years. In justices couit, execution 
 ntiay be issued at any time within five years, but the losing party is allowed 
 five days in which to i>ut in stay, and injustices' court executions are return- 
 able in thirty days. In justices ccjurt, on bond with surety being given for 
 payment of the judgment, execution -may be stayed, if put in within five 
 days, not exceeding four months. No stay of execution issued on judgments, 
 obtained in circuit court can be had, except in cases of appeal. Real estate 
 sold under execution, may be redeemed by the owner within one year ; by 
 any judgment or mortgage creditor, having a subsequent lien, within one 
 year and three months. 
 
 Exemptions. — Homesteads of forty acres, outside of any town, city or 
 village-plot, or of one-fourth of an acre, if within such plot, with dwelling- 
 house, etc., without regard to value. Also family pictures or school books, 
 library of debtor, wearing apparel of debtor and family, all stoves put up 
 and kept for vise, all cooking utensils, and all other household furniture not 
 herein enumerated, not exceeding $200 in value ; two cows, ten swine, one 
 yoke of oxen and one horse or mule, or in lieu of one yoke of oxen and one 
 horse or mule, two horses or two mules, ten sheep and the wool from the 
 same, either raw or manufactured ; tlie necessary food for above stock for a 
 year's sujjport, either i)rovided or growing; one wagon, cart, or dray; one 
 sleigh, one plow, one drag, and other farming utensils, including tackle for 
 teams, not exceeding $200 in value ; one gun, not exceeding $50 in value ; 
 provisions and fuel for one year ; tools and implements, and other stock in 
 trade of a mechanic, miner, trader, or other perscm, not exceeding $200 in 
 value ; all moneys from insurance of exempt property ; earnings of all mar- 
 ried persons, or those wlio liave to provide for the entire support of a family, 
 for three months next preeeeding the issuing of any process, to the amount 
 ISVis. 10.1
 
 WISCJONSIN. 857 
 
 of $60 only, for each month in which such earnings are made or earned ; pro- 
 vided, that said property shall not be exempt for any debt contracted prior 
 to Juno 1, 1882 ; all sewing machines kept for use ; any swords, plate, books, 
 or other articles presented by Congress or the members tliereof. Also print- 
 ing materials and press or presses used in the business of any printer or pub- 
 lisher, to an amount not exceeding $1500 in value ; also abstracts ; also in- 
 t^^^rest of inventors in patents; also fire engines, apparatus, etc., owned by 
 any town, city or village. Tliese excmjjtions are to actual residents of the 
 state only, except family pictures, wearing apparel, household furniture, and 
 swords, plates, books, etc.. presentedby Congress, are exempt to non-residents 
 as well ; and no i>roperty is exempt from execution and attachment upon a 
 judgment in an action fur the purchase money of said property. Exempt 
 property, when seized by an officer, shall be appraised by two disinterested 
 freeholders, who shall be sworn, and their appraisement shall be prima facie 
 evidence of tlie value of the property for the purposes of such exemption. 
 
 Q-amisliment. — {See Aitiichmnit. ) 
 
 Interest. — Parties may, in writing, ccmtract for ten. per cent, per annum ; 
 hut. unless expressly named, the rate will be seven per cent, on all moneys 
 due or payable with interest, and on all judgments, except foreclosure judg- 
 ments, w Inch bear ten i)er cent. No interest can be computed on interest, 
 whetlier due by agreement and a fixed time, or otherwise, unless so distinctly 
 agreed in writing. Any corrupt, usurious agreement, whereby more than 
 ten per cent, is reserved, agreed to be paid or taken, forfeits all the interest 
 paid or agreed to be, and is liable to an action for treble illegal interest i)aid 
 if actitm be brought within a ycai'. (R. S., chaj). 79.) 
 
 Insolvency. — {See Asuvjnment.) 
 
 Judgments. — Of the circuit <()urt arc a lien on all real estate of debtor 
 within tlie county, from the date of docket, and lien continues ten years. 
 A daily journal or book in which every judgment affecting real estate shall 
 be kept by the clerk of court, and all judgments alfecting realty, shall be 
 mimbered consecutively, and only be a lien from the time it was actually 
 docketed ; and priority of lien shall be determined by its number on the daily 
 journal. Judgments of justices become liens on filing transcript, and all 
 liens can be extended to other counties in like maimer. 
 
 Limitation of Actions. — Twenty years, actions on judgments of court, 
 within the state, and upon sealed in.struments, except such given by towns, 
 county, city, village or school district, which are limited to six years. 
 
 Ten years, actions on foreign judgments and specialties. Six years, all 
 other contracts, obligations or liabilities, including notes, acceptances, and 
 account. 
 
 Three years, actions against sheriffs, etc., for liabilities incurred in official 
 cajmcity'; on open mutual accounts, statute begins to run from the date of 
 the last item. Infancy, insanity, imprisonment, extend the jieriod of limita- 
 tion during the continuance of the disability, ])rovided it be for a period 
 (except in case of infancy) of not moie than five years. Actit)ns nuist bo 
 commenced within one year after disability removed. Absence of defendant 
 prevents the statute from running luitil return. 
 
 Debts barred by statute of limitation can only be revived by a promise In 
 writing, signed by the party to be (charged ; but this shall not abate the effect 
 of jtayment of interest or part of principal, which repels the bar of the statute. 
 
 Married Women. — The i>roperty of a wife, acquired at anytime, from any 
 source other tliau lier husband, is held to her sole and separate use and dis- 
 posal. She may convey real and personal estate precisely as if unmarried, 
 and although her husband does not joiu in her deed of her separate property, 
 
 [^VIs. 11.]
 
 858 WISCONSIN. 
 
 his right of tenancy by curtesy, will nevertheless be barred. She may sue 
 and be sued in her own name, as to her sole property. Her individual earn- 
 ings are her own. Widow is entitltjd to dower or use for life of one-third 
 part of all the lands whereof her husband was seized, of an estate of inheri- 
 tance, at any time during marriage, unless lawfully barred. If a married 
 woman is insane, her husband may, on a proper petition, apply to the court- 
 for a release of dower. A husband is not liable for the persoiial torts of the 
 wife. 
 
 Mechanics' Liens. — Every mechanic who shall make, alter or repair any 
 article of personal property, at the request of the owner or legal possessor 
 shall have a lien thereon, for his just and reasonable charges, and may re- 
 tain possession of such property until such charges are paid. Every building 
 built, and rebuilt, repaired, together with the necessary lots or land *on which 
 the same may be sitviated, shall be subject to a lien for work done on the 
 same, or materials furnished. 
 
 Minors. — A.gc of majority for both sexes is twenty-one years. 
 
 Mortgages. — May be recorded in the register of deeds for the county 
 wherein the land is situated, and may be foreclosed by advertisement, or by 
 suit in equity. One year is allowed for redemption. 
 
 Notes and Bills of Excliange. — Notes signed by person, or by his spe- 
 cial or general agent, and payable to order or bearer, and certificate of de- 
 posit, issued by persons of corporation, payable to order or bearer, are nego- 
 tiable as inland bills of exchange, according to the custom of merchants, and 
 days of grace allowed, except as to bills, notes and drafts-, payable on de- 
 m.and. Acceptance must be signed by acceptor, or by his lawful agent. 
 
 Any person who shall make, sign, utter, and deliver any instrument in 
 writing, commonly known as a bank check, with intent to defraud, without 
 having money on deposit where such check is made payable, shall, if such 
 check is presented, and remains unpaid for five days after its date and pay- 
 ment refused, on account of the maker having no funds or money on deposit 
 with which to pay such check, be deemed guilty of a misdemeanor, and upon 
 conviction thereof, shall be punished by a fine or imprisonment. 
 
 Parties. — Actions must be prosecuted in tlie name of the real party in in- 
 terest, except legally constituted fiduciaries, and trustees may sue without 
 joining the parties in interest. Married women in actions concerning their 
 separate estates may sue or be sued alone. The plaintiff, at his option may 
 or may not in the same action, sue any or all persons, jointly or severally, 
 bound by contract, bill of exchange, note, bond or check. An action against 
 part, is no bar to the i5i*oceedings against others. 
 
 Proof of Claims. — Creditors sending claims for collection, should give 
 their names in full ; if a firm, the names of the individual members being 
 given. In case of a corporation, the act of incorporation should be given. 
 
 Replevin.^ — ^In an action to recover the possession of personal property, the 
 X»laintitf may, at the time of issuing the summons, or any time before an- 
 swer, claim the immediate delivery of such property. He must file an affi- 
 davit .showing : 1. That the plaintiff is the owner of the property claimed, 
 particularly describing it, or is lawfully entitled to the possessi(m thereof, 
 by virtue of a special property therein, the facts in respect to which shall be 
 set forth. 2. That the property is wrongfully detained by the defendants. 
 3. The alleged cause of the detention thereof, according to his best knowl- 
 edge, information and belief. 4. That the same has not been taken for a tax 
 assessment or fine, pursuant to the statute, or seized under an execution or 
 attachment against the property of the plaintiff, or if so seized, that it is by 
 [Wis 12.1
 
 WISCONSIN. 859 
 
 statute exempt from such seizure ; ;ind 5. The ac^tual value of the propeity. 
 The plaintill" must jJ^ive an undertakinj^ with oiii: or more sureties in double 
 the value of the property if return therefor be adjud<^ed, and for damages. 
 The defendant may retain the property to abide the ext('rit of the action, on 
 giving an undertaking as above, to deliver the property to the plaintill' if it 
 be so adjudged, and damages. 
 
 Revivor. — {tiee Limitations.) 
 
 Seal. — {See Deeds.) 
 
 Stay of Execution. — Is only allowed on justices' judgments, and tluii as 
 follows :. Ten dollars and xmder, one month ; from ten dollars to thirty dol- 
 lars, two months ; froni thirty dollars to fifty dollars, three months ; above 
 fifty dollars, four months. These sums are exclusive of costs. No stay i^ 
 allowed on a judgment upon a debt of manual labor, nor upon judgment 
 against a corporation. Stay of execution may be liad on appeal in all case^ 
 upon giving undertaking, with sufficient sureties, conditioned according to 
 steitute. 
 
 Supplementary Proceeding. — When an execution lias been returned un- 
 satisfied, in whole or in ])iut, the judgment creditor may commence an action 
 against such judgment debtor and any other person, to compel the discovery 
 of any property or thing in action belonging to such judgment debtor, and 
 if it shall appear that the judgment debtor has property whieh he unjustly 
 refuses to apply to the satisfaction of the judgment, the judge may order 
 any property of the judgment debtor, either in his hands or any other per- 
 son's not exempt from execution, to be applied towards the satisfaction of 
 the judgment, and may foi'bid a transfer of his property, and appoint a re- 
 ceiver to take charge of the property and hold tlu; same under the direction 
 of the court. 
 
 Trust Deeds. — Are not in general use in this state. 
 
 Wills. — Every person of full age and sound mind, or everymarried woman 
 of eighteen years of age and upward, of sound mind, may devise both real 
 and personal property. The will, unless nuncupative, must be in writing, 
 signed by the testator and attested by two witnesses. A uuncui)ative will 
 must be made during the last sickness of the testatcn" ajid must be proved by 
 the oath of three witnesses. 
 
 {W\9. ir?.]
 
 860 
 
 WISCONSIN. 
 
 ATTORNEYS IN WISCONSIN. 
 
 Bold Face Type denotes county seats. A dash (— ) less than 100 population. 
 Figures after names wlien admitted to Bar. A star (*) Notaries Puhlic. 
 A double dagger (J) our Compiler of liaws. 
 A dagger (f) former recommendations withdrawn. 
 
 COUNTY. 
 
 KAMES OB' ATTOKNEYS. POPULA'W 
 
 Ahnapeo 
 
 Kewanne 
 
 M. T. Parker. 
 
 1,400 
 
 Alma 
 
 Buffalo 
 
 Theo. Buehler. 
 
 1,600 
 
 Antigo 
 
 Langdale 
 
 Geo. W. Latta. 
 
 2,500 
 
 Appleton 
 
 Outagamie 
 
 H. W. Tenny. 
 
 10,937 
 
 Ashland 
 
 Ashland 
 
 MEAD & DIXON. 
 
 4,844 
 
 Augusta 
 
 Eau Claire 
 
 I. B. Bradford. 
 
 1,500 
 
 Baraboo 
 
 Sauk 
 
 John Barker. 
 
 4,300 
 
 Barron 
 
 Barron 
 
 J. F. Coe. 
 
 700 
 
 Bayfield 
 
 Bayfield 
 
 W. W. Downs. 
 
 1,409 
 
 Beaver Daiu 
 
 Dodge 
 
 J W. E. Keeley, '80. 
 
 I Hee Card in Appendix, page 
 
 4,184 
 xxvL 
 
 Belmont 
 
 La Fayette 
 
 N. Olmsted. 
 
 550 
 
 Belvit 
 
 Rock 
 
 J. B. Dow. 
 
 5,400 
 
 Berlin 
 
 Green Lake 
 
 John J. Wood, Jr. 
 
 4,501 
 
 Black River Falls 
 
 Jackson 
 
 C. R. Johnson, '52. 
 
 2,067 
 
 Bloomer 
 
 Chippewa 
 
 A. JACKSON, '59. 
 
 633 
 
 Boscobel 
 
 Grant 
 
 Brooks & Duther. 
 
 1,600 
 
 liroadhead 
 
 Green 
 
 C. N. Carpenter. 
 
 1,545 
 
 Burlington 
 
 Kacine 
 
 Merton & Kearney. 
 
 1,800 
 
 <'edarburgh 
 
 Ozaukee 
 
 F. W. Horn. 
 
 1,293 
 
 Chilton 
 
 Calumet 
 
 J. E. McMullen. 
 
 1,800 
 
 Chippewa Falls 
 
 Chippewa 
 
 D. BUCHANAN, Jr., '72. 
 
 9,000. 
 
 Clintonville 
 
 Waupaca 
 
 B. M. Goldburg. 
 
 1,500 
 
 Columbus 
 
 Columbia 
 
 J. S. Maxwell. 
 
 2,875 
 
 Cumberland 
 
 Barron 
 
 Mead & Wright. 
 
 1,600 
 
 Darlington 
 
 La Fayette 
 
 Marshall & Conlgy. 
 
 1,800 
 
 Dartford 
 
 Green Lake 
 
 J. C. McConnell. 
 
 303 
 
 Delavan 
 
 Walworth 
 
 C. B. Sumner. 
 
 1,798 
 
 De Pere 
 
 Brown 
 
 John Smith. 
 
 2,149 
 
 Dodgeville 
 
 Iowa 
 
 Reese & Carter. 
 
 1,800 
 
 Eau Claire 
 
 Eau Claire 
 
 V. W. JAMES, '83. 
 
 21,668 
 
 Edgerton 
 
 Hock 
 
 J. P. Towne. 
 
 1,628 
 
 Blkhorn 
 
 Walworth 
 
 E. H. Sprague. 
 
 1,249 
 
 Ellsworth 
 
 Pierce 
 
 Combacker & Hancock. 
 
 600 
 
 Eli-oy 
 
 Juneau 
 
 B. C. Smith. 
 
 1,450 
 
 Evansville 
 
 Rock 
 
 D. L. Mills. 
 
 1,512 
 
 Fish Creek 
 
 Door 
 
 Hon. R. M. Wright. 
 
 145 
 
 Florence 
 
 Florence 
 
 Wm. H. Clark, Jr. 
 
 1,575 
 
 Fon du Lac 
 
 Fon du Lac 
 
 0. A. Wells. 
 
 14,500 
 
 Fort Atkinson 
 
 •Jefferson 
 
 S. A. Craig. 
 
 2,500 
 
 Fort Howard 
 
 Brown 
 
 Lomas & Cottrell. 
 
 4,000 
 
 Friendship 
 
 Adams 
 
 S. W. Pierce. 
 
 255 
 
 Orand Rapids 
 
 Wood 
 
 Chas. M. Webb. 
 
 2,000
 
 
 WISCONSIN. 
 
 861 
 
 PI>ACE. 
 
 COUNTT. 
 
 NAMES OF ATT0RNET8. POPUI.A*N. 
 
 Grantsburgh 
 
 Burnett 
 
 W. R. Maxwell. 
 
 400 
 
 Green Bay 
 
 Brown 
 
 S. D. Hastings, Jr. 
 
 7,111 
 
 Hartford 
 
 Washington 
 
 H. W. Sawyer. 
 
 1,300 
 
 Hay ward 
 
 Sawyer 
 
 H. E. Ticknor. 
 
 1.0()S> 
 
 Iloricon 
 
 Dodge 
 
 Charles Allen. 
 
 1,270 
 
 Hndson 
 
 St. Croix 
 
 Baker «& Smith. 
 
 5.000 
 
 Janesville 
 
 Rock 
 
 Pease & Ruger. 
 
 10,000 
 
 Jeflferson 
 
 Jefferson 
 
 George Grimm. 
 
 2,500 
 
 Juneau 
 
 Dodge 
 
 E. C. Lewis. 
 
 700 
 
 Kaukanna 
 
 Outagamie 
 
 G. H. Daw.son. 
 
 3,2^) 
 
 Kenosha 
 
 Kenosha 
 
 Edward Martin. 
 
 6,000 
 
 Kewaunee 
 
 Kewaunee 
 
 M. T. Parker. 
 
 1,500 
 
 Kilbown City 
 
 Columbia 
 
 P. I. Stroud. 
 
 1,520 
 
 La Crosse 
 
 La Crosse 
 
 WM. F. BIGELOW 
 
 21,740 
 
 La Geneva 
 
 Walworth 
 
 John B. Simmons 
 
 2,281 
 
 Lancaster 
 
 Grant 
 
 L. J. Arthur. 
 
 1,500 
 
 Madison 
 
 Dane 
 
 Cameron, Losey & Traer. 
 
 15,000 
 
 Manitowoc 
 
 Manitovvac 
 
 G. G. Sedgewick. 
 
 7,000 
 
 Marinette 
 
 Marinette 
 
 Cha.s. E. Daily. 
 
 8,000 
 
 Marslifield 
 
 Wood 
 
 F. A. Cady. 
 
 2,090 
 
 Mauston 
 
 .Tuneau 
 
 D. Moury. 
 
 1,500 
 
 Mayville 
 
 Dodge 
 
 R. Sauerherring. 
 
 1,121 
 
 Medford 
 
 Taylor 
 
 .1. B. Ilagarty. 
 
 1,050 
 
 Menaslia 
 
 Winnebago 
 
 P. V. Lawson. 
 
 6,000 
 
 Menominee 
 
 Dunn 
 
 E. B. Manwaring. 
 
 5,4o;; 
 
 MerriU 
 
 Lincoln 
 
 A. A. Helms. 
 
 t A. G. Weissert, 
 
 107 Wisconsin St. 
 
 3,948 
 
 Milwaukee 
 
 Milwaukee 
 
 See Card in Appendix, pg. xxvi. 
 1 A. J. EIMERMANN, '81, 
 [ oo2 Third Street. 
 
 158,50!) 
 
 Mineral Point 
 
 Iowa 
 
 Spcnsly & Mcllhon. 
 
 3,000 
 
 Monroe 
 
 Green 
 
 P. J. Clawson. 
 
 3,596 
 
 Muscoda 
 
 Grant 
 
 W. S. Manning. 
 
 1,000 
 
 Necedali 
 
 .Juneau 
 
 T. S. Veeder. 
 
 l,83f) 
 
 Neenah 
 
 Winnebago 
 
 J. C. Kerwin. 
 
 5,200 
 
 Neillsville 
 
 Clark 
 
 Jame.s O'Neill. 
 
 2,500 
 
 New Lisbon 
 
 Juneau 
 
 J. J. Hughes. 
 
 1,043 
 
 New London 
 
 Waupaca 
 
 M. B. Patchin. 
 
 2,187 
 
 New Richmond 
 
 St. Croix 
 
 S. N. Hawkins. 
 
 1,208 
 
 Oconomowoc 
 
 AVankcsha 
 
 I). W. Small. 
 
 3,000 
 
 Oconto 
 
 Oconto 
 
 Robt. Ellis. 
 
 4,880 
 
 Omro 
 
 Winnebago 
 
 A. K. Braish. 
 
 1,510 
 
 Onalaska 
 
 La Crosse 
 
 H. T. Wilhelm. 
 
 1,140 
 
 Osceola Mills 
 
 Polk 
 
 Chas. H. Oakey. 
 
 411 
 
 Oshkosb 
 
 Winnebago 
 
 ^ G. Bonck. 
 
 \ \ Wm. II. Casey. 
 
 22,064 
 
 Phillips 
 
 Price 
 
 W. Hand. 
 
 56!) 
 
 Plattevillo 
 
 Grant 
 
 Carter & Clary. 
 
 2,765 
 
 Plymonth 
 
 Sheboygan 
 
 M. C. Mead. 
 
 1,200 
 
 Portage 
 
 Columbia 
 
 J. B. Taylor. 
 
 6,501 
 
 Port Washington 
 
 Ozaukee 
 
 E. S. Turner. 
 
 2,500 
 
 Prairie du Chien 
 
 Crawford 
 
 C. S. Fuller. 
 
 3,326 
 
 Prescott 
 
 Pierce 
 
 S. White. 
 
 1,200 
 
 Princeton 
 
 Green Lake 
 
 J. H. David.^on. 
 
 1,100 
 
 Racine 
 
 Racin(! 
 
 Hand & Plett. 
 
 19,636 
 
 Reedsbnrgh 
 
 Sauk 
 
 R. P. Perry. 
 
 2,000 
 
 Rice Lake 
 
 Barron 
 
 W. P. Swift. 
 
 1.500
 
 862 
 
 WISCONSIN. 
 
 COUNTY. 
 
 NAMES OP ATTORNEYS. POPULA'N. 
 
 Hichland Centre 
 
 Richland 
 
 Black & Burnham. 
 
 2,006 
 
 Ripon 
 
 Fond du Lac 
 
 Tiunals & Dunlap. 
 
 3,50b 
 
 River Falls 
 
 Pierce 
 
 Smith, Vannatta & Haugen. 
 
 2,000 
 
 Shawano 
 
 Shawano 
 
 Phillips & Farnsworth. 
 
 1,400 
 
 Sheboygan 
 
 Sheboygan 
 
 Kiez & Kiez. 
 
 11,727 
 
 Sheboygan Falls 
 
 Sheboygan 
 
 Jas. H. James. 
 
 1,200 
 
 Shullsbiirgli 
 
 La Fayette 
 
 P. B. & J. B. Simpson. 
 
 1,700 
 
 Sparta 
 
 Monroe 
 
 Dickinson & Graham. 
 
 2,796 
 
 Steven's Point 
 
 Portage 
 
 Cate, Jones & Sanborn. 
 
 7,500 
 
 Stoughton 
 
 Dane 
 
 L. K. Luse. 
 
 2,105 
 
 Sturgeon Bay 
 
 Door 
 
 L. M. Sherman. 
 
 2,000 
 
 Superior 
 
 Douglass 
 
 H. Hays. 
 
 2,704 
 
 Toruah 
 
 Monroe 
 
 H. C. Spaulding. 
 
 1,819 
 
 Viroqua 
 
 Vernon 
 
 Butt & Graves. 
 
 1,300 
 
 AVatertown 
 
 Jefferson 
 
 Henry Mulberger. 
 
 9,000 
 
 Waukesha 
 
 "Waukesha 
 
 V. Tichenor. 
 
 4,500 
 
 Waupaca 
 
 Waupaca 
 
 I, P. Lord. 
 
 2,700 
 
 Waupun 
 
 Fond du Lac 
 
 F. M. Beach. 
 
 3,000 
 
 Wausaw 
 
 Marathon 
 
 <) Silverthorn, Hurley & 
 
 ( Ryan. 
 
 9,300 
 
 West Bend 
 
 Washington 
 
 Frisby & Miller. 
 
 1,400 
 
 Whitehall 
 
 Trempealeau 
 
 P. A. Williams. 
 
 350 
 
 BANKS IN WISCONSIN. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital of one 
 toank in each county of this state in wliich such a banking institution is located. 
 
 Antigo 
 
 Appleton 
 
 Ashland 
 
 Baraboo 
 
 Barron 
 
 Black Riv Falls 
 
 Chilton 
 
 Chippewa Falls 
 
 Darlington 
 
 Dodgeville 
 
 Elkhorn 
 
 Fond ku Lac 
 
 Green Bay 
 
 Hudson 
 
 Janesville 
 
 Jeft'erson 
 
 Kenosha 
 
 Kewawnee 
 
 La Crosse 
 
 Lancaster 
 
 
 
 PAID ur 
 
 NAME OF BANK. 
 
 CASHIER, 
 
 CAPITAL. 
 
 Langlade County Bank 
 
 (H. C. Humphrey.) 
 
 $5,000 
 
 Commercial National Bank 
 
 H. G. Freeman. 
 
 150,000 
 
 Ashland National Bank 
 
 N. I. Wiley. 
 
 50,000 
 
 Bank of Baraboo 
 
 J. Van Orden. 
 
 25,000 
 
 Bank of Barron 
 
 C. D. Coe. 
 
 20,000 
 
 Jackson County Bank 
 
 W. R. O'Hearn. 
 
 26,200 
 
 German Exchange Bank 
 
 Henry Kersten. 
 
 25,000 
 
 First National Bank 
 
 L. M. Newman. 
 
 75,000 
 
 First National Bank 
 
 Geo. S. Anthony. 
 
 50,000 
 
 Dodgeville Bank 
 
 R. T. Parry. 
 
 21,000 
 
 First National Bank 
 
 W. H. Conger. 
 
 50,000 
 
 First National Bank 
 
 J. B. Perry. 
 
 125,000 
 
 Kellogg National Bank 
 
 H. B. Baker. 
 
 50,000 
 
 First National Bank 
 
 A. E. Jefferson. 
 
 50,000 
 
 First National Bank 
 
 J. B. Doe. 
 
 125,000 
 
 Farmers' & Merchants' Bk 
 
 Y, Henry. 
 
 60,000 
 
 First National Bank 
 
 G. M. Simmons. 
 
 50,000 
 
 Kewawnee Exchange Bank L. Bruemmer, 
 
 30,000 
 
 La Crosse National Bank 
 
 Samuel S. Burton. 
 
 200,000 
 
 Richard Meyer & Co 
 
 
 30,000
 
 WISCONSIN. 
 
 863 
 
 ri/ACE. 
 
 Madison 
 
 Mauitowac 
 
 Marinette 
 
 Mauston 
 
 Med ford 
 
 Menomouee 
 
 Merrill 
 
 lN[il\vauke(! 
 
 3Ionroe 
 
 Neillsville 
 
 O.shkosli 
 
 Portage 
 
 Racine 
 
 Shawano 
 
 Sheboygan 
 
 SliuUsburg 
 
 Sparta 
 
 Stevens' Point 
 
 Sturgeon Bay 
 
 Superior 
 
 Viroqua 
 
 "Waukesha 
 
 AVaupaca 
 
 Wausau 
 
 NAME OF BANK. 
 
 First National Bank 
 First National Bank 
 Stephenson Banking Co 
 Bank of Mauston 
 Exchange Bank of Medford 
 A. Tainter & Son 
 G. Haywood & Son 
 ]\[ilwaukec National Bank 
 First National Bank 
 Neillsville Bank 
 National Bank of O.shkosh 
 City Bank 
 
 Manufacturers" Nat Bank 
 Shawano County Bank 
 Bank of Sheboygan 
 Merchants' Union Bank 
 Bank of Sparta 
 Commercial Bank 
 Nelson & Spear 
 Bank of Superior 
 Bank of Viroqua 
 Waukesha National Bank 
 Waupaca Bank 
 First National Bank 
 
 
 PAID UP 
 
 CASHIER. 
 
 CAPITAL. 
 
 W. Ramsay. 
 
 100,000 
 
 Chas. Luling. 
 
 .50.000 
 
 J. W. P. Lombard. 
 
 (50.000 
 
 (P. R. Briggs.) 
 
 13,000 
 
 J. H. Wheelock. 
 
 5,000 
 
 S. B. French. 
 
 100,000 
 
 G. Haywood, Jr. 
 
 50,000 
 
 T. L. i3aker. 
 
 250,000 
 
 Henry Ludlow. 
 
 100,000 
 
 Joseph Morley. 
 
 25,000 
 
 Chas. Schriber. 
 
 200,000 
 
 M. T. Alverson. 
 
 25,000 
 
 B. B. Northroj^. 
 
 250,000 
 
 F. W. Humphrey. 
 
 30,000 
 
 J. Kroos. 
 
 50,000 
 
 John H. Savage. 
 
 50,000 
 
 D. B. R. Dickinson. 
 
 25,000 
 
 E. Burr. 
 
 60,000 
 
 P. G. Wright. 
 
 16,000 
 
 E. McMahan. 
 
 25,000 
 
 H. Lindemann. 
 
 5,000 
 
 H. M. Frame. 
 
 100,000 
 
 (E. Coolidge & Co.) 
 
 25,000 
 
 A. H. Grout. 
 
 100,000
 
 TERRITORY OF 
 
 WYOMLINa. 
 
 SUMMARY OF 
 
 Collection Laws. 
 
 CouBT Calendar, Instructions for taking Depositions, Legal Forms, Etc. 
 
 Expressly Prepared and Revised to Nov. Ist, 1887, for 'Showers' 
 
 Legal Directory and MKiiciiANTs' GaiDE," for JSKS. by 
 
 Brown, Blake and Arnold, of the Laramie Bar. 
 
 Acknowledgments — Must be made before a judge or clerk of a court of 
 record, or before any county clerk, notary public, justice of the peace, or 
 United States court commissioner within this territory. If made out of the 
 territory, before any officer authorized by the state or territory in which it is 
 made to take acknowledgments, before the clerk of any court of record, or 
 before any commissioner appointed by the governor of this territory for such 
 purpose, provided that if such acknowledgment is not made before a clerk of 
 a court of record, county clerk or commissioner appointed as aforesaid, it 
 must have attached thereto a certificate of the clerk or other proper certify- 
 ing officer of a court of record, or a county clerk of the county or district 
 within wliich such acknowledgment was taken, under the seal of his office, 
 that the person whose name is subscribed to the acknowledgment was, at the 
 date thereof, such officer as he is therein represented to be, that he verily be- 
 lieves the signature of such i:)erson subscribed thereto to be genuine and that 
 the deed, mortgage or other conveyance is executed and acknowledged ac- 
 cording to the laws of such state, tei'ritory or district ; if any deed, mortgage 
 or other conveyance be acknowledged before a clerk of a court of record, 
 county clerk or commissioner, appointed as aforesaid, the officer taking such 
 acknowledgment should certify that such instrument is executed according 
 to the laws of the state, territory or district within which the acknowledg- 
 ment is taken, if such is the case, or else such instrument should be executed 
 according to the laws of this territory. 
 
 Actions. — The old forms of actions are abolislied by the code. Actions 
 commenced in district court by filing i)etition, and praecipe ; summons issues, 
 returnable on the second Monday after its date. Defendant to answer third 
 Saturday after return day. Actions must be at issue prior to the first day of 
 term, in order to be heard at term. 
 
 Administration of Estates of Deceased Persons. — Letters of administra- 
 tion are granted first to the husband or wife of the deceased person, or to 
 those entitled to distribution of the estate, giving preference to those in whom 
 the greatest number and weight of interests concur, and creditors of intes- 
 tates are preferred to strangers. If no such persons apply for letters within 
 ten days, letters may be granted to any person whom the court deems suit- 
 able. Letters testamentary or of administration may be granted in any 
 county in which the deceased had real or personal property. Non-residents 
 cannot administer.
 
 WYOMING TERRITORY. 865 
 
 Affidavits. — Aliidnvit.s may be used to verify a pleadiiij,^, to j)iove service 
 of .suiiunons, notice or other process, upon the hearing of a motion, or in any 
 other case permitted by law. Tlie following certificate is deemed sufficient: 
 
 "Subscribed in my presence, and sworn to before me this day of , 
 
 188 — ," followed by the signature and seal of the officer, if he has a seal. 
 
 Aliens. — Aliens may acquire property by descent under territorial law, 
 but by act of congress no alien can bold or own real estate, nf)t ac(]uired by 
 descent or in the course of justice in the collection of debts. No corporation 
 or association, more than twenty per cent, of the stock of which is or may 
 be held or owned by alien persons or corporations, shall hold or own real 
 estate in the territories of the United States. 
 
 Appeals. — Appeals ai;e allowed in all cases from justices' courts to the 
 district courts, if claimed within ten days, by filing the necessaiy affidavit. 
 To act as a stay of execution, an undertaking must be filed with the clerk of 
 the district court. In the district court the case is tried de novo, unless the 
 ground of appeal is simply a matter of law. Cases are taken from the dis- 
 trict courts to the supreme court of the. territory, on petition in error, and 
 thereupon a summons must be issued and served as in the commencement of 
 an action. 
 
 Arrest. — A defendant in a civil action may be arrested before judgment, 
 when there is filed in the office of the clerk of the district court, an affidavit 
 stating tiie nature of the iilaintift''s claim, that it is just and the amoiuit 
 thereof, and establishing one of the following grounds: 1st. That the de- 
 fendant has removed or begun to remove his property, or a part thereof out 
 of the jurisdiction of the court, with intent to defraud his creditoi's. 2nd. 
 That he has begun to convert his property or a part thereof, into money, for 
 the purpose of placing it beyond the reach of his creditors. 8d. That he has 
 property which he fraudulently conceals. 4th. That he has assigned, removed 
 or disposed of his property or a part thereof, with the intent to defraud his 
 creditors, .ith. That he fraudulently contracted the debt, or incurred the 
 obligation for which the suit is brought. ()th. That the money or valuable 
 thing for wliich recovery is sought, was lost by playing at any game, or by 
 means of a bet or wager 
 
 The affidavit must contain a statement of the facts justifying belief in one 
 or more of the above particulars. 
 
 Before a writ can issue, an undertaking must be filed to the eifect that the 
 I)laintift' will pay the defendant all damages he may sustain if the writ be 
 improperly issued. The undertaking must be in double the amount of 
 plaintiff's claim. 
 
 Assignments and Insolvency.— An insolvent debtor may make an assign- 
 ment in good faith to one or more assignees, for satisfaction of creditors. 
 No preference of creditors or payment of false or fraudulent claims is al- 
 lowed. The assignment must be in writing, executed according to the laws 
 of the territory, as jirovided in the case of deeds, and must be filed and re- 
 corded in the office of the probate judge, and if the assignment conveys real 
 estate, in the office of the county clerk. The ftssignee must give bonds. Any 
 creditor accepting from the assignee his dividend, shall release the assignor 
 from all further liability for the debt on which i^ayment was made. 
 
 Attachments. — The plaintiff in a civil action for the recovery of money 
 may have an attachment against the property of the defendant, where the 
 defendant, or one of the defendants is a foreign corporation oi- a non-resident 
 of the territory ; wlien the defendant has absconded with intent to defraud 
 his creditors : when he has left the county of his residence to avoid service 
 of summons : when he so conceals himself that summons cannot be served 
 upon him ; when he is about to remove his property, or a part thereof, out
 
 866 WYOMING TERRITORY. 
 
 of the jurisdiction of the coui't, with intent to defraud his creditors ; when 
 he is about to convert his property, or a part thereof, into money for the 
 purpose of placing it beyond the reach of his creditors ; when he has prop- 
 erty or rights of action which he conceals ; when he has assigned his prop- 
 erty, or a part thereof, with intent to defraud his creditors ; or when he 
 fraudulently contracted the debt, or incurred the obligation, for which suit 
 is about to be, or has been brought ; but an attachment shall not be granted 
 on the ground that the defendant is a foreign corporation or a non-resident 
 of this territory, for any claim other than a debt or demand arising upon 
 contract, judgment or decree. Attachment issues upon aflBdavit and filing 
 of usual undertaking at or after commencement of action. Attachments are 
 allowed in cases when debts are not due in certain cases of fraud. 
 
 Banks and Banking. — There is no territorial law governing banks and 
 banking. 
 
 Bills of Exchange, Promissory Notes and Bills of Lading. — The law 
 
 merchant, as generally understood and administered in this country, controls 
 negotiable paper in this territory. Bonds, notes and bills of exchange, if 
 drawn in the usual form, and intended to be made negotiable, will be so re- 
 garded in our courts, and an action may be commenced in the name of the 
 bona fide holder against any or all parties liable thereon, particularly setting 
 out the character of the liability of each defendant — as indorser, acceptor, 
 maker or gviarantor. 
 
 Chattel Mortgages. — Mortgages of personal property must be executed 
 and acknowledged in the same manner as conveyances of real estate ; and, 
 unless accompanied by an immediate delivery, and followed by an actual and 
 continued change of possession of the property mortgaged, are absolutely 
 void as against sureties and subsequent bona fide purchasers, unless such 
 mortgage be recorded in the office of the county clerk of the county where 
 the property is situated. When duly executed, acknowledged and recorded, 
 the mortgage is valid as against third persons for the term for which it is 
 given and for two months thereafter; but the mortgage remains of full force 
 and eftect as between the parties thereto until the statute of limitation runs. 
 And if at or before the expiration of the said two months, the mortgagee 
 files or causes to be filed, an affidavit setting forth his claim to the mortgage 
 or any part thereof, such affidavit continues the mortgage in full force and 
 effect for a term of one year ; and by succeeding affidavits the mortgage may 
 be, in like manner, continued indefinitely. 
 
 When the mortgage is duly recorded, the mortgagor may retain possession 
 of the mortgaged property, but it is made a felony to sell the same, or to re- 
 move the property out of the county, without the consent of the mortgagee, 
 the penalty being imprisonment in the penitentiary not exceeding ten years. 
 These mortgages are foreclosed by selling the property at public auction for 
 cash, at which sale the mortgagee may be a bidder, at a time and place 
 named in a notice of sale required by the statute to be atlvertised and pub- 
 lished for twenty days before the day of sale. 
 
 Claims Against Decedents' Estates. — Claims against the estates of de- 
 ceased persons must be presented to the probate court for allowance within 
 one year after the notice has been published for claims to be filed. If they 
 are not presented within this time, no suit can be maintained on them. If 
 disputed by the representatives, claims must be proved by disinterested tes- 
 timony, and if disallowed by the probate court, an appeal may be taken to 
 the district court. A claimant may reduce his claim to a judgment in any 
 court of record, and file the transcript in the probate covirt, but if suit is 
 brought within six months after letters issue, the plaintiff shall pay all costs. 
 
 Corporations. — A corporation may be organized by three or more persons 
 who may desire to carry on any business designed to aid in tlie industrial or
 
 WYOMING TERRITORY. 867 
 
 productive interests of the territory. The incorporators shall make, sign and 
 acknowledge before some officer competent to take the acknowledgments of 
 •deeds, duplicate certificates, in which shall be stated the corporate name of 
 5uch company, the object for which it is formed, the amount of the capital 
 stock, the term of its existence, which cannot exceed fifty years, the numbei 
 of shares of stock, the names and number of trustees who shall manage the 
 affairs of the company for the first year of its existence, and the name of the 
 jjlace where the principal business of such company shall be carried on. 
 One of such certificates shall be filed in the office of the secretary of the ter- 
 ritory and another in the office of the county clerk of the county in which 
 the principal place of business is situate. 
 
 Every foreign corporation doing business in the territory is required to 
 file its certificate in the office of the secretary of the territory, and a failure 
 to do so renders the officers, agents and stockholders severally liable. 
 
 Costs. — Non-resident plaintiffs may be required to give security for costs, 
 or they may pay svich costs as fast as they accrue. 
 
 Courts. — Terms and Jurisdiction of : 
 
 District court is held twice a year in each organized county, except Fre- 
 mont and Crook counties, where special terms may be held as provided by 
 law, and has full common law and chancery powers. There is a probate 
 court in each county. Justice s jurisdiction on all claims arising from con- 
 tract, $800. 
 
 The following Calendar of the Teri-itorlal Courts is also the United States Court 
 Calendar. These courts are lield, both as U. 8. Courts and Territorial Courts, having 
 certain times during the terms of Court, when U. S. matters are considered. 
 
 TIMES FOR HOLDING COURTS IN 1888-1889. 
 
 County. County Seat. Dist. When Held. 
 
 Albany .... Laramie 2d 2d Mondays in March and October. 
 
 Carbon Rawlins 3d 4th Mondays in April and September 
 
 •Crook Sundance .... 1st 1st Tuesday in August. 
 
 Fremont . . . Lander 2d 1st Monday in July. 
 
 Johnson .... Buflalo 2d 4th Monday in June, and 2d Mondaj- in De- 
 cember. 
 
 Laramie Cheyenne .... 1st 4th Monday in May, and 2d Monday in No 
 
 vember. 
 Sweetwater . . Green River ... 3d 4th Mondays in April and September. 
 Uinta Evanston 3d 1st Mondays in April and September. 
 
 .Curtesy. — Tenancy by curtesy in this territory is abolished by statute. 
 
 Deeds. — Conveyances of land or of any interest therein, must, if executed 
 •within the territory, be executed in the presence of one witness, who shall 
 subscribe his name as such, and any person executing such deed or mortgage 
 may acknowledge the same before any officer authorized to take acknowl- 
 edgments. 
 
 A married woman may convey her real estate in like manner as she might 
 do if unmarried. 
 
 The statute gives no form of acknowledgment, but declares that a mort- 
 gage or conveyance of a homestead shall be absolutely void unless the wife 
 of the grantor, if he has one, separate and apart from her husband, shall sign 
 and acknowledge the same, after being apprised of her right and the effect 
 of her act. 
 
 All deeds must be acknowledged, and proof of execution will not answer 
 in lieu of acknowledgment. 
 
 A deed executed in any other state, territory or county, may be executed 
 according to the laws of such state, territory or country, and may be ac- 
 knowledged before any officer authorized by the laws of such state, territory 
 or country, to take acknowledgments. If the acknowledgment is not 
 made before a clerk of a court of record etc., as to proceedure see under the 
 head oi^ Acknowledgments.
 
 868 WYOMING TERRITORY. 
 
 Descent and Distribution. — After payment of debts the estate of any in- 
 testate shall descend as follows : If the hitestate leaves a husband or wife 
 and children, or the descendants of children, one-half of the estate shall de- 
 scend to such surviving wife or husband, and the residue to such surviving 
 children or their descendants. If the intestate leaves a surviving- husband 
 or wife and no surviving children or descendants of children, then three- 
 fourths goes to the surviving wife or husband, and one-fourth to the father 
 and mother of the deceased ; provided that the estate does not exceed ten 
 thousand dollars the whole shall descend to the surviving wife or husband. 
 
 Depositions. — The deposition of a witness may be used only in the follow- 
 ing cases : 1. When the witness does not reside in, or is absent from the 
 county where the action or proceeding is pending, or by change of venue is 
 sent for trial. 3. When the witness is dead, or from age, infii'niity, or im- 
 prisonment, is unable to attend court. 3. When the testimony is required 
 upon a motion, or where the oral examination of the witness is not required. 
 
 Either party may commence taking testimony by deposition at any time 
 after service upon the defendant. 
 
 Depositions may be taken out of the territory before a Judge, justice, or 
 chancellor of any court of record, a justice of the jjeace, notary public, 
 mayor or chief magistrate of any city or town corporate, a commissioner 
 appointed by the governor of this territory to take depositions, or any person 
 authorized by a special commission from this terrritoiy. 
 
 The officer before whom depositions are taken must not be a relative or 
 attorney of either party, or otherwise interested in the event of the action 
 or proceeding. 
 
 Written notice of the intention to take a deposition must be given to the 
 adverse party, specifying the action or proceeding, the name of the court or 
 tribunal in which it is to be used, and the time and place where it will be 
 taken ; and in case the deposition of a party to the suit is taken, the same 
 cannot be used in his own behalf unless the notice shall also specify that his 
 deposition would be taken. The notice must be served so as to allow the 
 adverse party svifficient time (exclusive of Sundays, the day of service, and 
 one day for prejiaration) to travel by the usual routes and modes of convey- 
 ance to the place named in the notice ; and the examination may, if so stated 
 in the notice, be adjourned from day to day. But an adjournment from 
 Saturday to Monday is good. (II. S. § 5273.) . , 
 
 Depositions thus taken by any judicial or other officer authorized as above 
 to take depositions, having a seal of office, must be admitted in evidence 
 upon the certificate and signatui'e of such officer, under the seal of the court 
 of which he is an officer, or his official seal, and no other or further act of 
 authentication is required. If the officer taking the same have no official 
 seal, the deposition, if not taken in this territory, must be certified and 
 signed by such officer, and be further authenticated, either by parol proof 
 adduced in court., or by the certificate and seal of any secretary or other 
 officer of state keeping the great seal thereof, or of the clerk or prothono- 
 tary of any court of the state having a seal, attesting that such officer was, 
 at the time of taking the same, authorized within the meaning of the law 
 as above given to take the same. The deposition must be filed at least one 
 day before the day of trial. 
 
 Forms and Instructions. — Tlie following forms may be used : — "Deposi- 
 tion of witnesses taken in a cause pending in the court of (here name the 
 court in which the suit is pending) wherein is plaintifi', and defend- 
 ant, and for said plaintiff (or defendant, as the case maybe), in pursuance 
 of the notice hereto attached." (Here state which of the parties Was present.) 
 
 "A. B., of the county of , of lawful age, being first duly sworn (or 
 
 affirmed) by me, as hereinafter certified, deposes and says." (Here insert 
 the dejiositions, either by stating the facts in a narrative form, or in the 
 form of answeis to questions fiist written down.)
 
 WYOMING TERRITORY. 809 
 
 If more tliaii one witness, the next deposition may be commeiieeil inimc- 
 
 «liately below the preeeding, as i'oUows: — "'Also C. D., of . of hiwful 
 
 uge, being,'" etc. (same as in first deposition). 
 
 At the end of the whole the certificate of the otfieer must be annexed, 
 and may be as follows : — "I, E. F. (naming the oHicial ciiaracter of the 
 ■orticer), do hereby certify that the above named (naming all the witnesses) 
 were by me first duly sworn (or attirmed) to testify tlie truth, the whnK- 
 truth, and nothing but the truth, in the above entitled cause, and that tlie 
 foregoing depositions by them resi)ectively subscribed were reduced to 
 writing by me and subscribed by the said witnesses in my presence (or if by 
 any other person, here insert his name, and state that he was a disinterested 
 person, and they were written in the presence of the ofiicer), and were taken 
 at time and place in the inclosed notice .specified. In testimony whereof I 
 liave hereunto set my hand (if the otHcer have a seal add) [and official seal] 
 this day of A. I). 18 — ." (Sign, stating official character.) 
 
 If adjournments, instead of the words "and were taken at the time and 
 ^dace in the inclosed notice specified," insert "and were commenced at the 
 time and place in the notice specified, and continued by adjournment from 
 <lay to day, at the same place, and between the same hours, as in the notice 
 specified, and for the reasons above stated." 
 
 The sealed package containing the deposition should be addressed to "The 
 
 <;lerk of the court of (naming the court in which suit is pending), at , 
 
 AYyoming," Across the seals write "Depositions in the case of A. B. vs. 
 O. D.. taken, sealed up, addressed, and transmitted by me." (Signed, with 
 official character.) If the suit is pending before a justice, the address 
 
 should be "To , justice of tlie peace within and for county, 
 
 Wyoming." 
 
 Fees for taking depositions in this territory are fifteen cents per folio, and 
 five dollars for all other services in taking, certifying, directing, indorsing, 
 and transmitting the same. 
 
 Divorce- — The usual grounds for divorce, including wilful desertion by 
 either husband or wife for the term of one year, or the failure on the part 
 of the husband to provide the wife with the common necessaries of life for 
 tlie period of one year, entitle the applicants to a decree. A residence in 
 The territory must be alleged and proven. 
 
 Dower. — By act of Congress, the wife is endowed of the third part of all 
 the lands of which her husband was seized of an estate of inheritance 
 <luring marriage, unless she has lawfully released her right thereto. 
 
 Evidence- — Claims must be established according to the legal rules of 
 evidence. There is no provision authorizing an affidavit to be used in 
 l)roving a claim. 
 
 Executions- — Executions may issue from anj'- courts immediately after 
 ^judgment is rendered ; and are returnable in sixty days when issued by a 
 i'ourt of record, and in thirty days when issued by a justice of the peace. 
 
 The writ of execution upon a judgment shall be satisfied first out of the 
 goods and chattels of the debtor, and, for want of these, then upon his real 
 e.state. "When two or more writs of execution against the same debtor shall 
 be sued out during the term in which judgment was rendeied. or in ten days 
 after, and wlien two or more such writs sliall be delivered to the officer on 
 the same day, no jireference shall be given to either of such writs, and if all 
 such writs cannot be satisfied in full, then the total amount collected shall 
 be applied on each pro rata. 
 
 If execution be not sued out within one year after judgment, then such 
 Judgment shall not constitute a lien on the real estate of the debtor to the 
 j»rejudice of any other bona fide judgment-creditor.
 
 870 WYOMING TERRITORY. 
 
 Exemptions. — Household furniture, provisions, etc., $500 ; tools, team,, 
 implements or stock in trade of mechanic, minor or other person, kept for 
 his trade or business, $300 ; library and instruments of professional man, 
 8300 ; homestead actually occupied as such by head of family in country, 
 160 acres ; in town, lot or lots, in value $1,500 ; personal wearing apparel of 
 every person, the value of $150. 
 
 False Pretenses- — Obtaining credit by false representations of responsi- 
 bility, wealth or business connection, in writing, is made a misdemeanor 
 punishable by fine and imprisonment in the county jail. Obtaining goods 
 by means of false pretenses, when the thing obtained is over the value of 
 twenty-five dollars, is made a felony punishable by imprisonment in the 
 penitentiary. 
 
 Frauds, Statute of. — The Wyoming statute of frauds and perjuries con- 
 forms to statutes generally adopted in the several states as derived from the 
 statute of Charles II. 
 
 Homestead. — {See Exemptions.) 
 
 Insolvent Laws. — (See Assignments.) 
 
 Interest and Usury. — In the absence of express contract, all moneys, 
 claims or judgments draw interest at the rate of twelve per cent, per annum. 
 Any rate may be agreed upon in writing ; unsettled accounts draw interest 
 after thirty days from date of last item. 
 
 Judgments — Are a lien on debtor's real estate within the county from the 
 first day of the term at which judgment is entered, but judgments by con- 
 fession and judgments rendered at the same term at which the action is- 
 commenced bind the debtor's real estate only from the time of entry, which, 
 lien continues for five years. 
 
 Justice of the Peace. — {See Courts.) 
 
 Landlord and Tenant. — No tenancy exists by implication of law, except 
 tenancy by sufferance ; and upon the expiration of the lease, there is nO' 
 implied renewal of the same, and such holding over constitutes only a ten- 
 ancy by sufferance. 
 
 Leases. — {See Landlord and Tenant.) 
 
 Liens. — Common carriers are given a lien by statute for charges for trans- 
 portation ; also mechanics and material-men have a lien for labor and 
 materials employed or used in the erection or repair of buildings. The 
 claim therefor must be made out and filed in ninety days from the time the 
 work is finished or the last item of material furnished, and proceedings to> 
 foreclose the lien must be commenced in one year. Any person performing- 
 any work in the making or repair of any article of personal property has a 
 lien on the same for his charges. 
 
 The county of Laramie has a separate lien law, and proceedings to fore- 
 close the lien must be commenced within six months after the filing thereof.. 
 
 Limitation of Suits. — On contracts not in writing, four years ; upon 
 specialty or agreement in writing, five years ; on all foreign judgments, or 
 contracts made or incurred before debtor becomes a resident, within two- 
 years after he establislies residence in territory ; recovery of lands, twenty- 
 one years. Revivor : part payment or acknowledgment in writing. 
 
 Limited Partnerships. — Limited or special partnerships may be formed 
 by two ur more persons for any business, except insurance or banking.
 
 WYOMING TERRITORY. 871 
 
 Parties desiring to form such partnerships must execute a certificate set- 
 ting out the name of the partnership, the nature of its business, the names 
 and residences of the partners, the amount of capital stock each contributes, 
 and the period for which tlie partnership will run. The certificate must be 
 acknowledged and filed in the office of the county clerk of the county where 
 the principal place of business is situated. An affidavit of each of the 
 partners as to the amount contributed must be filed at the same time. 
 
 Married "Women. — A married woman retains her property, both real and 
 personal, and may make a will, carry on business, sue and be sued, and 
 retain her own earnings. She may also vote and hold office. 
 
 Mechanics' Liens. — {See Liens.) 
 
 Mortgages.— ('S'ee Deeds.) 
 
 Practice. — The Ohio code of civil procedure has been adopted in this 
 territory substantially without change. 
 
 Proof of Claim. — {See Evidence.) 
 
 Seal. — A scroll may be used in place of a seal in the execution of instru- 
 ments. 
 
 Stay of Execution, — The statutes for stay of execution, except in actions 
 before justices of the peace, have been repealed, and no stay of execution 
 can now be obtained in the district courts. "Where cases are carried to the 
 supreme court, by writ of error, petition in error, or appeal, a supersedeas 
 may be had by filing a bond to pay costs and damages. 
 
 Taxes. — As between the grantor and grantee of property, where there is 
 no express agreement in writing as to who shall pay the taxes assessed 
 thereon, if such property is conveyed between the first day of January and 
 the first day of April, then the grantee shall pay the same ; but if conveyed 
 between the first day of April and the first day of January, the grantor shall 
 pay them. 
 
 Wills. — Any person of full age and sound mind may dispose of his property 
 by will, except what is sufficient to pay his debts or is allowed by law to 
 husband and family, or wife and family. 
 
 All wills, to be valid, must be in writing, witnessed by two competent 
 persons, and signed by the testator, or by some person in his presence and at 
 liis direction. If the person named in a will as sole legatee be also executor, 
 the court may fix the amount of a bond, conditioned upon the payment of 
 the debts of the estate, and no other bond shall be required and the estate 
 sliall forthwith vest in such legatee.
 
 872 
 
 WYOMING TERRITORY 
 
 ATTORNEYS IN WYOMING TERRITORY. 
 
 Bold Face Type denotes county seats. A dash (— ) less than 100 population. 
 Figures after names when admitted to the Bar. A star (*; Notaries Public. 
 A double dagger (J) our Compiler of Laws. 
 A dagger (f) former recommendations withdrawn. 
 
 PLACE, 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. POPULA N. 
 
 Buffalo 
 
 Jobn.son 
 
 II. L. Andrews. 90 
 
 Cheyenne City 
 
 Laramie 
 
 S POTTER & '73 
 
 I VAN DEVANTER,'81. 5,000 
 
 Evanston 
 
 Ninta 
 
 Steel & Ryckman. 1,277 
 
 Green River City 
 
 Sweetwater 
 
 A. B. Conaway. 500 
 
 Lander 
 
 FremoHt 
 
 CHARLEY ALLEN — 
 r t Brown (M. C), 
 
 J Blake (J. W.) & ., oa« 
 Arnold (C. P.) . ^"^^'^ 
 
 Laramie City. 
 
 Albany 
 
 
 
 See Card in Api)endi.i: , page xxvii. 
 
 Rawlins. 
 
 Carbon 
 
 H. Merrell. 2,500 
 
 BANKS IN WYOMING TERRITORY. 
 
 Giving the name of town, bank and cashier, and amount of paid-up capital of one 
 bank in each county of this territory in which such a banking institution is located. 
 
 PLACE. NAME OF BANK. 
 
 Buffalo First National Bank 
 
 Cheyenne Cheyenne National Bank 
 
 " First 
 
 " Stock Growers' Nat " 
 
 " Morton E Post & Co 
 
 Evanston Mutual Ex Bank 
 
 " Beckwith & Co 
 Fort Fetterm'n Maverick Bank 
 
 Laramie Laramie National Bank 
 
 " Wyoming '■■ " 
 
 Rawlins Jas. France 
 
 J. W. Ilu"us & Co 
 
 
 PAID ur 
 
 CASHIEPv. 
 
 CAPITA].. 
 
 C. M. White. 
 
 $50,000 
 
 J. W. Collins. 
 
 100,000 
 
 J. E. Wild. 
 
 200,000 
 
 Henry G. Hav. 
 
 400,000 
 
 A. J. Parshall. 
 
 100,000 
 
 Chas. Stone. 
 
 35,000 
 
 E. W. Smith. 
 
 78,000 
 
 C. M. Garver. 
 
 10,000 
 
 J. W. Donnellau. 
 
 100,000 
 
 M. Dawson. 
 
 50,000 
 
 H. B. Henderson. 
 
 90,000 
 
 J. M. Rumsey, Jr. 
 
 60,000
 
 PROVINCE OF 
 
 ONTARIO, CANADA. 
 
 SUMMARY OF 
 
 Collection Laws. ^ 
 
 Court Calf.ndak. Instructions fob taking Depositions, Lf.gai, Forms, Etc. 
 
 ]5XPRKSSI,V PrKPAUED ANT) IlEVISKl> TO NOV. 1st, 1887, FOI! " HHOWERS' 
 
 Legal, Directokv and Merchants' Guide." for 1S88. by 
 J. Baldwin Hands, Esq., of the Toronto Bar. 
 
 Acknowledgments. — (^See Llinitjitions and Deeds.) 
 
 Actions and Parties.^Actions may l»o prosecuted by trustees or assign- 
 ees not interested. All actions are connnenced by a writ of summons en- 
 dorsed witli a statemi'nt of the claim made. Plaintiff may, in the same 
 action, sue any and all parties, no matter in what degree liable. All parties 
 may be joined as plaintitl's or defendants in whom any right or remedy 
 against exists. 
 
 A defendant resident in the United States has six weeks after the service 
 of a copy of or notice of the writ of summons on him, within which to 
 enter an appear.vnce. This time may be shortened by the order of a judge 
 of which tlie defendant must be notified. A <lefendant resident in Ontario, 
 must enter an appt^ai'ance in ten days after service of the summons upon 
 liim. In default (»1" appearance, final judgment may be entered. 
 
 Defendant may in the .same action file a set-ott'or counter-claim against 
 the plaintift"s claim. 
 
 Affidavit. — If taken in a foreign country, should be sworu before either a 
 notary public, a commissioner authorized to take affidavits for use in Ontario, 
 a judge of a court of record, or the mayor or chief magistrate of the place. 
 The official seal should be placed on the documents. 
 
 Aliens. — All kinds of real and i)ersonal property may now be held and 
 conveyed by aliens as freely as by natural bora subjects. 
 
 Appeals.— ('S'cc Courts.) 
 
 Appearance. — {See actions and jmrfies.) 
 
 Arrests. — Arrests or imprisonment for debt are abolished, except on ex- 
 amination before a judge or special examiner, it is ascertained tiiat a party 
 fraudulently conceals or disposes of liis property, or it is by affidavit shown 
 to the satisfaction of a judge, that he is about to quit Ontario with entent 
 to defraud his creditors generally, or tlie ])laintitf in particular, and is in- 
 debted to the applicant in the sum of SlOO exclusive of costs. 
 
 [Out. 1.]
 
 874 CANADA. 
 
 Assignments. — Choses in action may be assigned. 
 
 Attachments. — Pi-operty can be attached if a debtor attempts its removal 
 or absconds from Ontario or keeps property concealed witli intent to defraud 
 creditors. Affidavit by plaintiff or his agent of these facts and verifying in- 
 debtedness is required upon which to issue a writ of attachment. — (^See also 
 Arrest.) 
 
 Bills and Notes. — Three days' grace allowed except when payable on de- 
 mand. Any rate of interest may be fixed. If no rate fixed, six per cent, 
 from date note becomes due. Must be protested when due and parties- 
 notified in order to hold endorsers. Formerly production of note was suffi- 
 cient prima facie evidence of indebtedness, but now plaintiff must prove 
 defendant's signature to the note, unless note for $20 or less. Cannot be 
 made for less than one dollar. No stamps are now required 
 
 Chattel Mortgages. — May be effected on goods of debtor to secure debt. 
 Must be registered within five days from date, otherwise void. 
 
 Affidavit must be made by mortgagee or his agent (authoi'ized in writing) 
 of bona fides of auch mortgage. Will expire in one year from date, unless 
 renewed within thirty days preceding the expiration of the year. 
 
 Costs. — Costs usually follow the result of the trial, but are in the dis- 
 cretion of the court. Non-resident plaintiffs, if not possessed of sufficient 
 property within Ontario, may be required to give security to defendant for 
 his costs. Security may be given either by bond, executed by surety resident 
 of Ontario or by depos iting not less than two hundred dollars in court to 
 abide the event of the action. The court may at any time order the security 
 to be increased. 
 
 Counter Claim. — (See actions and parties.) It may consist of any claim 
 whether connected with the i>laintift''s claim or not, and whether sounding in 
 damages or not. 
 
 Courts. — The courts are the court of appeal, the divisional court, the 
 division courts, the surrogate court, the county court, and the high court 
 of justice ; the latter being divided into three divisions, viz : Queen's 
 bench, common pleas and chancery divisions, which have concurrent juris- 
 diction. 
 
 Division Courts sit once each month and have jurisdiction in issues liquid- 
 ated or ascertained by act or signature of the defendant to two hundred dol- 
 lars. If unliquidated or unascertained, one hundred dollars. 
 
 County Court sits four times at Toronto and twice in other counties in 
 each year and has jurisdiction to four hundred dollars if liquidated or as- 
 certained, if not, two hundred dollars. 
 
 TIlg High Court of Justice (called the assizes) sits four times each year at 
 Toronto and twice in otlier counties, and has jurisdiction in all other actions. 
 Law and equity are administered concurrently in all courts. 
 
 The Divisional Court {comvaowXy called term), sits at Toronto four times 
 each year, viz : in Feburary, .Tune, August and November, and is a court of 
 first appeal from the judgment at the assizes. 
 
 Tlie Court of Appeal n'lta at Toronto only four times each year and hears 
 appeals from all the other courts. 
 
 J7ie Surrogate Court sits only when occasion requires it and has jiirisdic- 
 tion in all matters relating to the estate of deceased persons. 
 
 Curtesy. — The wife may, by conveyance in lier lifetime or by will, deprive 
 the husband of curtesy. 
 [Ont. 2.]
 
 CANADA. 875 
 
 Deeds. — x\.fter letters patent have been granted from the Crown for hinds 
 every instrument affecting hmd is deemed fraudulent and void against any 
 subsequent i)urchaser or mortgagee for valuable consideration without act- 
 ual notice, unless it is registered in the registry office of the county in which 
 the lands are situate, before the registration of the instrument under which 
 such subsequent purchasers or mortgagee claims. Deeds are registered by 
 depositing a duplicate original of it in the registry office for the county in 
 which the lands are situate, the execution of which is attested by an affidavit 
 of a subscribmg witness, the affidavit should set out ; 1st. That he was 
 personally present and saw the parties execute and deliver it ; 2nd. That he 
 knowsthe parties; 3rd. Where itwasexecuted ; 4th. That he is a subscribing 
 witness. If executed out of Ontario, the affidavit of execution should be 
 sworn as mentioned iu "affidavits." 
 
 Real estate can be conveyed or transferred by deed only. Our statute 
 provides a short form of conveyance, but to come within the provisions of 
 that statute, the deed must be expressed to be in pursuance to the act re- 
 specting short fonus of conveyances. 
 
 Depositions. — {See Evidence.) — May be taken by commission where the 
 witnesses resides abroad. To obtain the order for the i ssue of the commis- 
 sion, an affidavit must be made by the party applying, setting out, 1st. The- 
 residence of the witnesses ; 2d. That they are necessary and material wit- 
 nesses, and cannot safely proceed to trial without their evidence ; 3d. That it 
 will be a saving of expense ; 4th. That he has a good cause of action or de- 
 fence, (as the case may be.) 
 
 Descent. — The law of primogeniture is abolished. The real estate of in- 
 testates descends to their heirs in equal proportions, after payment of declared 
 debts and the wife's dower, if alive. Children of deceased heir take parent's 
 share. One-half of personal estate goes to wife, and balance to heirs. 
 
 Distribution. — {See Descent.) — If parties entitled do not or cannot make 
 partition of estate of deceased, the court will do so, in which case whole es- 
 tate is sold, and proceeds distributed. 
 
 Divorce. — There is no divorce court in this province. The Parliament of 
 Canada alone has power to grant divorce. 
 
 Dower. — A widow is entitled to dower in lands of which her husband died 
 seized of an estate of inheritance, in possession, or equal thereto, (other than 
 an estate in joint tenancy.) A married woman may bar her dower, by join- 
 ing with her husband in a deed of conveyance thereof, in which a release of 
 dower is contained. If the wife is a lunatic, a bar of dower is not necessary, 
 or if the wife is living away from her husband, and has been so for two years 
 the court may order a conveyance with bar of dower. 
 
 Evidence. — Parties interested and all other parties can testify. Witness 
 may affirm, if oath not binding on his conscience. If opposite party consents, 
 evidence may be given by affidavit, or without such consent, the judge may 
 receive affidavits. In division courts, where the claim is for less than $20, the 
 proof may be by affidavits. {See Bills and Notes.) 
 
 Execution. — May issue on judgment in high court of justice or county 
 CO t, after four days, after the commencement of the sitting of the divi- 
 sional court, (commonly called term), or county court term following the trial 
 when motions to set aside or vary the judgments, may be made, which is 
 usually less than a month after trial. 
 
 [Oat. 3.]
 
 876 CANADA. 
 
 In division court, execution issues seven days after trial, unless stayed by 
 order of judge. Execution may he stayed if an appeal is taken, Is a lieu 
 on property, real and personal, from the time only of delivery to the sheriff. 
 Must be renewed each year. Are satisfied pari passu under the Creditor's 
 Relief Act, 1880. (See lusolcency and Judgments.) 
 
 Exemptions. — Bedding in ordinary use, necessary wearing apparel of 
 debtor and his family, otlier liouse furniture to the value of $1.")0, tools and 
 imi^lements of trade to tlie value of $100, food and fuel for debtor and his 
 family, for thirty days, and not exceeding $40 ; one cow, four sheep, two 
 bogs, and food for thirty days for same ; fifteen hives of bees ; lands taken 
 up under the ' ' free grant and homestead act, ' ' are exempt for twenty years 
 from settlement thereon. 
 
 Insolvency. — There is now no "insolvency law in Ontario." There is, 
 however, an act which came into force on the first day of March, 1884, enti- 
 tled "The Creditor's Relief Act, 1880," which makes provision for the dis- 
 tribution pi'O rata amongst creditors, of any property taken in execution by 
 the .sheriff". This act requires the sheriff to keep a record open for public in- 
 spection, of all seizures made by him, and provides that all creditors filing 
 executions with the sheriff, within one month after the said notice is posted, 
 are entitled to share pro rata in the proceeds of the property seized. Inde- 
 pendent of this act, a debtor may assign to a trustee for the benefit of all his 
 creditors. The assets are in that case distributed pro rata. A debtor can- 
 not, in either cases, get a discharge, except by consent of his creditors. 
 
 Interest. — Legal rate six per cent. Any rate by agreement. 
 
 Judgments. — Do not form a lien on property of the debtor until execution 
 is issued and filed with the sheriff. Actions in Ontario are brought on an ex- 
 emplification of a foreign judgment issued out of the court in which the 
 judgment was recovered, under the seal of the said court. A defendant sued 
 on such a judgment in the coiirts of Ontario, cannot set up as a defence there- 
 to, any defence which he set up or might have set up to the original action. 
 If defendant or one of the defendants were personally served with process 
 in such original action, or appeared or pleaded therein. (See Executions.) 
 
 Leases. — For more than three years must be in writing. Short form of 
 lease is provided l)y our statute. Lease for a longer time than seven years 
 must be registered to preserve its priority. 
 
 Limitation of Actions, — Actions on simple contracts, notes, instruments, 
 not under seal, and money demands, must be brought within six years from 
 the time the cause of action accrued or the last acknowledgment made in 
 writing, or by part payment. 
 
 Contracts under seal including covenants in mortgage, twenty years ; judg- 
 ments, six years, l)ut may be revived ; to recover lands, ten years ; to distrain 
 for rent, six years ; to recover wild lands never in possession of Crown gran- 
 tee as against i)erson in i)ossession, but not claiming under Crown grantee, 
 twenty years. When the plaintiff is under disability by reason of infancy, 
 coverture or lunacy, the statute runs fi*om the removal of the disability. 
 
 Liens. — (See E.vemtion.) — Also mechanics, contractors, builders and la- 
 borers, erecting or repairing l)uildings, or furnishing material for any build- 
 ing on another's ]an<l, liave a lien t)n such land and building to the value of 
 their work or materials, provided, a statement verified by affidavit, is filed 
 within one month in the county registry office, in which lands are situate and 
 proceedings taken, to enforce such claims at law, within ninety days from the 
 time work is comjlletcd, or materials furnished. 
 [Ont.4.1
 
 CANADA. 877 
 
 Married Women. — R^al and personal estate exenii)t Irom liability for hus- 
 band's (k'i)ts. May hold and convey her i>roperty as if she were a.femm6 sole, 
 ■without the iutersention of a trustee. (See Dower.) 
 
 Mechanics' Liens. — {See Lkna.) 
 
 Minors. — All parties under twenty-one years arc described as infants, and 
 arc incapable of entering into any binding contract, except for necessaries. 
 Their parents or guardians may collect their wages, unless they havi; lelt 
 home, and are working for themselves, and on their (jwu account. They al•(^ 
 liable for their own torts. 
 
 Mortgages. — Mortgages on land may be made payable in any numl)er oi" 
 years after date. 3Iortgagee may distrain for interest. May also foreclose 
 or sell by private sale or public auction. Any rate of interest may be charged. 
 No particular form is necessary, but to get the benefit of the statute, they 
 must be expressed to be made in pursuance of the act respecting shoftform.s 
 of mortgages. 
 
 Notes. — {See Bills and Notes.) 
 
 Postage. — United States postage .stamps or postal cards ; no use in 
 Canada. 
 Three cent postage in use. 
 
 Partnerships. — Limited partnerships may be formed in mamier prescribed 
 by statute, whereby a partner may limit his liability to the amount of capital 
 invested by him in the partnership. 
 
 Proof of Claims. — {See Evidence and Judgment. — An attorney should be 
 furnished with christian and surnames, and residences of all the proposed 
 plaintiffs, and if possible, defendant also. And with duplicate itemized par- 
 ticulars of the claim if on an open account. 
 
 Revival. — Part payment or written acknowledgments. 
 
 Security for Costs.— ('S^e Costs.) 
 
 Stay of Execution. — {See Execution.') 
 
 Trust Deeds. — Must be executed and registered the same as other deeds. 
 Property may, at any time, be conveyed by a solvent i)erson, in trust to 
 another. Husband may be wife's trustee, or vice versa. {See Insolvency.) 
 
 Wills. — May bel made by any person of the full age of twenty-one years. 
 Must be in writing, and signed by testator in presence of two witnesses 
 present at the same time. No form of will or attestation is necessary. If 
 a witness is a devisee under the will, the devise is void, but witness can, 
 nevertheless prove the execution of the will. Wills made in a foreign coun- 
 try are valid in this province. 
 
 [Oat. 5.1
 
 PROVINCE OF 
 
 QUBBEC. 
 
 SUMMARY OF 
 
 COLLKCTION La^WS. 
 
 <.;ouRT Calendar, Instructions for taking Depositions, Legal Forms, Etc. 
 
 Expressly Prepared and Revised to Nov. 1st, 1887, for "Showers' 
 
 Legal Directory and Merchants' Guide," for 1888. by 
 
 James Crankshaw, B. C. L. of the Montreal Bar. 
 
 Acknowledgments. — In commercial matters, where the amount in ques- 
 tion exceeds fifty dollars, an acknowledgment taking a debt out of the opera- 
 tion of the law of limitations must be in writing. The acknowledgment, 
 (forced or voluntary), of the father or mother of an illegitimate child, en- 
 titles the latter to claim maintenance from each of them. (>See also Deeds.) 
 
 Actions — Are commenced by writ of summons, with an annexed declara- 
 tion setting forth the cause of action, and praying for the remedy sought. 
 The writ must set forth the names in full of the plaintiffs, their places of 
 residence and occupations, and also the names in full and places of residence 
 of the defendants ; and where the plaintifts or the defendants are a partner- 
 ship firm, the partnership name must be given as well as the full names of 
 the members comprising it. In the case of a corporation, its principal place 
 of business should be given and under what laws it is incorporated. 
 
 Service of writ may be made either upon the defendant personally, or upon 
 a grown and reasonable person at his domicile or ordinary place of residence, 
 And where the defendant has no domicile in the province, but resides in some 
 other part of the Dominion of Canada, a judge or the prothonotary will, if 
 the defendant have property in the province, or if the cause of action has 
 arisen there, endorse upon the writ an order to serve it at the defendant's 
 domicile in any part of Canada ; or, if the defendant has left his domicile 
 in the province, and his whereabouts be unknown, he may, if he has left 
 property there, be summoned by notices in the newspapers. In ordinary 
 cases the delay upon a writ of summons is ten days between the day of ser- 
 vice and the day fixed for appearance, when the distance from the place where 
 the court is held to the domicile of the defendant does not exceed fifteen 
 miles, and when the distance exceeds that, the delay is increased one day for 
 each additional fifteen miles. Persons resident in the province may be sued 
 for debts contracted in foreign countries, even in favor of a foreigner. But 
 every person not resident in the province, who brings a suit in our courts, 
 must file a power of attorney authorizing the suit, and also furnish to the 
 opposite party security for the costs which may be occasioned to the latter 
 by the proceedings. Such security may be given either by the bond of a re- 
 sponsible resident, or by the deposit of a sum of money in court. Law and 
 equity are combined ; and no distinction is made between actions and suits. 
 
 Administration. — The transmission of a deceased person's estate is called 
 .succession. When it is by will it is testamentary ; when there is no will it
 
 CANADA. 879 
 
 Is an abintestate snocession ; the whole of the deceased's property, real and 
 personal, withont distinction, forming one inheritance, which is transmitted 
 and divided according to uniform rules ; and the persons upon whom it de- 
 volves are called lieirs. Abintestate successions pass to the lawful heirs in 
 the order established by law, children of deceased or their descendants, 
 (without distinction as to sex), ranking first in order, they inherit in equal 
 portions, and per capita when they are all in the same degree, and such of 
 them as come by representation, inherit per stirpes. When the deceased dies 
 without issue but leaving parents and brothers and sisters, the succession is 
 divided into equal portions, one going to the parents, and the other to the 
 brothers and sisters. If the deceased leave no issue and no parents or other 
 iiscendants, his brothers and sisters succeed. Relations beyond the twelfth 
 degree do not inherit. When the deceased leaves no relations within the 
 heritable degree, his succession belongs to the surviving consort ; and in de- 
 fault of a surviving consort, the succeesion falls to the crown. 
 
 The lawful heirs become seized of the succession by the sole operation of 
 law, but the surviving consort and the crown require to be judicially put in 
 possession, in the manner set forth in the code of civil procedure. 
 
 Affidavits — For use in our courts, if made in a foreign country, may be 
 taken before an English commissioner to administer oaths in chancery, be- 
 fore a notary public, under his hand and official seal, before the mayor or 
 •chief magistrate of any city, borough or incorporated town in Great Britain 
 or Ireland, in any of her majesty's colonies, or in any foreign country, under 
 the common seal of such city, borough or town, or before any judge of a 
 superior court in any of her majesty's colonies or dependencies, or before any 
 consul, or cousular agent of her majesty, exercising his functions in a for- 
 eign country. 
 
 Aliens — Can acquire, hold and convey all kinds of property, real and per- 
 sonal, in the same manner as British born or naturalized subjects. {See 
 Actions.) 
 
 Appeals.— (/See Courts.) 
 
 Arrest. — A writ of capias ad respondendum to arrest and hold a debtor to 
 bail, can be obtained by a creditor whose claim exceeds forty dollars, upon 
 an affidavit declaring either : 1. That the defendant is about immediately 
 to leave the provinces of Quebec and Ontario, with intent to defraud, or 2. 
 for secretion of his effects with such intent, or 3, that he is deteriorating im- 
 movable property mortgaged to the plaintiff for forty dollars or upwards, or 
 4, that being a trader he ceases to meet his payments, and refuses to aban- 
 don his estate for the benefit of his creditors (as provided by the new law 
 of abandonment). Imprisonment under a judgment in a civil action is al- 
 lowed in certain exceptional cases, for instance : against tutors and curators, 
 for whatever is due by reason of their administration, to those whoni they rep- 
 resent; against any persons indebted as sequestrators, guardians, sheriffs. 
 bailiffs and other officers having charge of moneys, etc., under judicial au- 
 thority ; against persons indebted as judicial sureties ; against persons in- 
 debted in damages awarded by the judgment of a court for personal wrongs; 
 against persons found in contempt of, or resisting any order of court; and for 
 fraudulent evasion of any judgment or order by preventing or obstructing 
 the seizure or sale of property in execution of such judgment ; and also 
 against any debtor, who, having abandoned his estate for the benefit of his 
 creditors, is proved guilty of secretion or of making fraudulent misrepre- 
 sentations or omissions in his statement of affairs. 
 
 Assignments. — The insolvent laws have been repealed. But a recent law 
 provides for the abandonment of a debtor's estate for the benefit of his creil- 
 itors. Any debtor capiased, or being a trader who, having ceased his ]iay-
 
 880 CANADA. 
 
 merits, is served by a creditor of over $200, with a demand of abandoiunent, 
 may tile in tlie protlionotary's office, a statement of liis assets and liabilities, 
 anil a declaration consenting to abandon all bis property to his creditors. A 
 provisional guardian is immediately appointed, and takes possession of the 
 estate. A meeting of creditors is called and a curator is appointed to dis- 
 pose of the assets under the direction of the court, and to distribute the pro- 
 ceeds among the creditors, whose claims, however, are discharged to the 
 extent only of the amount paid to them. The debtor cannot, without the 
 consent of all his creditors, obtain his discharge, until he pays all his debts 
 in full. 
 
 Attachments. — A creditor to the amount of five dollars or upwards, may 
 before judgment, have the goods and effects of his debtor attached, on pro- 
 duction of an affidavit establishing that the defendant absconds, or is about 
 immediately to leave the province, with intent to defraud, or that he is se- 
 creting his property with such intent, or, that being a trader, he has ceased 
 his payments and refused to assign his property for the benefit of his credi- 
 tors. The creditor may also, in the same case, cause a writ of saisi arret eii 
 main tierce to issue before judgment to attach, in the hands of a third party, 
 any movable property belonging to the debtor. 
 
 Attachment in revendication ; — The owner of movables, or the pledgee or 
 depositor thereof, may oVitain a writ of revendication to seize any moveable 
 property the possession of which is unlawfully withheld. The writ is issued 
 upon production of an affidavit setting forth the plaintiff's right to posses- 
 sion of the goods, and describing the goods so as to identify them. Under 
 certain circumstances a vendor of goods can revendicate them, and have the 
 sale dissolved by reason of non-payment of the price. 
 
 Banks — Are regulated by the acts incorporating them and by special stat- 
 utes respecting banking. No bank can issue notes or commence banking 
 business until $500,000 of capital have been 6o«-a^rfe subscribed, and $100,000 
 bona fide paid up, nor until it has obtained from the treasury board a certifi- 
 cate to that eft'ect. 
 
 A bank may acquire and hold warehouse receipts or bill of lading of goods 
 as collateral security for any debt incurred in its favor in the course of its 
 banking business. If the previous holder of the warehouse receipt or bill of 
 lading is the agent of the owner of the goods, wares and merchandize men- 
 tioned therein, the bank is vested with all the right and title of the owner 
 thereof, subject to his (the owner's) right to have the same re-transferred to 
 him on payment of the debt thereby secured. 'Agent" as here used means 
 a person entrusted with the possession of goods, or to whom they are con- 
 signed, or who is in possession of a bill of lading, warehouse receipt or order 
 for delivery of goods ; the term " agent " does not include a mere servant or 
 caretaker, or one who has possession of goods for carriage, safe custody, etc. 
 as an independent contracting party, but only persons whose employment 
 corresponds to some known kind of commercial agent, such as factors.- 
 
 Every person, firm or company assuming or using the title of "bank,'' 
 "banking company," "banking house," "banking association," or "bank- 
 ing institution," without adding thereto the words "not incorporated," or 
 without being authorized by the banking act or some other act in that be- 
 half, is guilty of a misdemeanor, and liable to incur a penalty not exceeding 
 $1,000. 
 
 Bills and Notes — Must be protested for non-payment, and in default of 
 protest and of notice thereof, the parties liable, other than the acceptor or 
 the maker, are discharged ; with this exception that the drawer of a bill can- 
 not avail himself of the want of protest or notice, unless he proves that pro- 
 vision was duly made by him for payment. In actions on bills or notes, the 
 Engli.sh law of evidence, as it existed on the 30th of May, 1849. is applicable. 
 Three days grace are allowed, except on demand notes.
 
 CANADA. 881 
 
 No stamps are required. 
 
 When the last day of grace falls on a legal holiday, then the next following 
 day, not heing a legal holiday, shall be the last day of grace. 
 
 The legal holidays in this province are : Sundays, new year's day, Good 
 Friday, Easter 3Ionday, the epiphany, the annunciation, the ascension, Cor- 
 jms Christi, 8t. Peter and St. Paul's day, all saints day, conception day, 
 Christmas day, the birthday of the reigning sovereign, dominion day (tlic 
 first of .Inly), the day next following new year's day, Christmas day, and 
 dominion day, when those days respectively fall on Sunday. Any day ap- 
 pointed by i)roclamation for a public holiday or for a general fast, or a gen- 
 eral thanksgiving throughout Canada. And any day api)ointed by the lieu- 
 tenant governor of this inoviucc for a public holiday, or for a fast or thanks- 
 giving. 
 
 Chattel Mortgages — Have no existence in this province. Movables may 
 be delivered over to a creditor by way of i)ledge as security for his debt; but 
 they are not susceptible of being mortgaged because delivery of movables is 
 necessary in order to give the creditor a title as against third parties, but 
 under special statute provision is made for the transfer by endorsement of 
 bills of lading and warehouse receipts to chartered banks and to private per- 
 sons as collateral security for the goods represented by such instruments, 
 and there are special laws allowing mortgages of vessels in course of con- 
 struction, to secure advances of money or goods for their completion, and 
 ships and their cargoes may be hypothecated by contracts of bottomry and 
 respondentia to secure loans made for the shiij's use. 
 
 Corporations — iMay be formed and incorporated by royal charter, by act 
 of the legislature, and in certain cases by registration of a certificate of the 
 provincial secretary, certifying its formation and the governor general's ap- 
 proval of its rules and regulations. 
 
 Five or more persons may be incorporated as a joint stock company. 
 Seven or more may be incorjjorated as a company or co-operative association 
 for cariying on, in common, any labor, trade or business, (except mining, 
 banking and insurance.) 
 
 Corporations sue and are sued in their corporate name. 
 
 Foreign corporations, duly authorized under any foreign law to appear in 
 judicial proceedings, may do so in this province ; and if they have an office 
 or an agent, or carry on business here, they may be summoned here by ser- 
 vice at such office, or upon its president, secretary, or agent. 
 
 Courts. — Terms and Jurisdiction of: 
 
 llie superior court has jurisdiction in civil and commercial cases of $100 
 and over. 
 
 The circuit court has jurisdiction in cases under $100. 
 
 The vice admiralty court has jurisdiction in all maritime cases. Judg- 
 ments of the suijerior court (presided over by one judge) may be reviewed 
 by the same court, sitting in review and composed of three judges ; and an 
 appeal lies from this review court, or directly from the superior court to the 
 court of queen's bench, appeal side, which is the highest court in the 
 province, and is composed of five judges, presided over by the chief justice. 
 From this court a further appeal lies — in matters of $3,000 — to the supreme 
 I'ourt of Canada, sitting at Ottawa, and to her majesty's privy council in 
 England. 
 
 The superior court and circuit court sit at Montreal and Quebec almost 
 daily during every month, except .luly and August (vacation), when the 
 courts do not sit ; although during these two months the court-house is open 
 as usual for the issuing of writs, executions, &c., and a judge is in attend- 
 ance in chambers to hear and determine summary proceedings, such as 
 contestations of capias, seizures before judgment, insolvency or abandon- 
 ment matters, and suits between lessees aofl lessors for ejectment, &c.
 
 882 CANADA. 
 
 In the superior court cither of the parties in an action may have a trial by 
 jury in all suits founded on debts, promises or agreements of a mercantile 
 nature, or in suits for damages resulting from personal wrongs or from 
 quasi-ottences against moveable property ; but a jury is seldom asked for, 
 and as a rule cases are tried before a judge only. 
 
 (For legal holidays or non-juridical days, see Bills and Notes.) 
 
 Deeds. — Deeds and other writings received by notaries in notarial form 
 are authentic, and as such make proof between the parties thereto, and can 
 only be set aside upon improbation, in manner provided by the code of civil 
 procedure. Private writings, acknowledged or proved, have the same effect 
 in making proof as authentic writings. Deeds, &c., made out of this 
 province are valid if made according to the law of the country where made. 
 
 Depositions — May be taken by commission, when any of the witnesses or 
 the parties reside out of the province, and the issue of a commission may be 
 obtained on simple motion therefor. 
 
 Descent and Distribution. — {See Administration.) 
 
 Divorce. — -There is no divorce court. A divorce can only be granted by 
 the parliament of Canada. But a separation from bed and board may be 
 obtained by suit in the superior court : 1st, by the husband, on the ground 
 of his wife's adultery; 3d, by the wife, on the ground of the husband's 
 adultery, if he keeps his concubine in the common habitation ; and 3d, by 
 the husband or the wife, on the ground of outrage, ill usage, or grevious 
 insult committed by one towards the other. 
 
 Separation from bed and board does not dissolve the marriage tie ; and 
 neither of the parties can contract a new marriage while both are living. 
 
 Actions may also be taken to have certain marriages annulled and set 
 aside. Impotency (apparent and manifest) renders a marriage null ; but 
 this nullity cannot be invoked after three years from the marriage. A mar- 
 riage contracted without a party's free consent, may be set aside by the 
 party whose consent was not free. But continued cohabitation during six 
 months after having acquired full liberty debars the party from seeking 
 relief. 
 
 IMinors must, before marrying, obtain the consent of their father and 
 mother, or if these are dead, they must obtain the consent of their tutor ; 
 and a marriage contracted without such consent may be attacked by those 
 whose consent was requisite ; but not after six months have elapsed without 
 complaint on their part since becoming aware of the marriage. 
 
 Dower. — {See Married Women.) 
 
 Evidence. — A party to a suit can give no evidence in his own favor. 
 Husband and wife cannot testify for or against each other. As a rule, in 
 non-commercial cases where the claim amounts to $50, oral evidence will 
 not suffice, but there must be a commencement of proof in writing. In non- 
 commercial cases under $50, and in all commercial cases of whatever amount 
 (with certain exceptions hereinafter mentioned), proof may be made by 
 oral testimony. In commercial cases exceeding 850, based upon, 1st, any 
 promise or acknowledgment taking a debt out of the operation of the law of 
 limitations ; 2(1, upon any ratification made by a majority of any obligation 
 contracted during minority ; od, upon any representation or assurance in 
 favor of a person to enal)le him to obtain credit, money or goods thereon ; 
 and 4th, upon any contract for sale of goods, unless the buyer has accepted 
 or received part of them, or given something in earnest to bind the bargain, 
 there must be a writing signed by the party to be charged. 
 
 Executions — Issue after fifteen days from judgment. Execution will be 
 stayed when the case is taken to review or to appeal, and the necessary 
 
 1
 
 CANADA. ■ 883 
 
 deposit is made or security given. The sale of moveables taken in execu- 
 tion takes place after eight days from tlie date of the seizure. (See also 
 GartiisJiment.) 
 
 Executors. — {See Wills.) 
 
 Exemptions. — Beds, bedding and bedsteads of debtor and family; their 
 necessary wearing apparel ; one stove and pipes, one (U-ane and appendagt's. 
 one pair of andirons, one set of cooking utensils, tongs and shovel, one 
 table, six chairs, six knives, six forks, six plates, six cups, six saucers, one 
 sugar basin, one milk jug, one teapot, six spoons, all spinning wheels and 
 looms in domestic use, one axe, one saw, one gun, six traps, fishing nets in 
 common use, ten volumes of books, one sewing machine, one wringer, one 
 washing machine ; fuel and food for thirty days and not exceeding !j'20 in 
 value, two draught horses or oxen, one cow, four sheep, two hogs, and food 
 therefor for thirty days ; tools and implements, or other (ihattels ordinarily 
 used in the debtor's trade, to the value of $:jO ; bees, to the extent of fifteen 
 hi\es ; and some additional exemptions in favor of hona fide settlers upon 
 public lands conceded or granted to them. 
 
 Other exemptions are : consecrated vessels and things used for religious 
 worship ; pay and pensions of persons belonging to the army or to the navy ; 
 salaries of school teachers, alimentary allowances granted by a court ; 
 money or objects given or bequeathed upon the condition of their being 
 exempt from seizure; moneys or pensions given as aliment; wages and 
 salaries not yet due ; sums of money granted by a judgment as damages for 
 personal wrongs. Wages due to laborers are liable to seizure only foi- a 
 l)roportion not exceeding one-half. Salaries due to all public servants or 
 employees of the province are liable to seizure for del)t, in the following 
 jiroportions : 1st. A fifth of every monthly salary not exceeding $1,000 ])er 
 annum ; 2d. A fourth of every monthly salary exceeding 81,000, but not 
 exceeding $2,000 ; 3d. A third of every monthly salary exceeding $2,000. 
 
 Factors. — A factor whose principal resides in another country is person- 
 ally liable to third persons with whom he contracts. The principal is not 
 liable on such contracts to the third parties, unless it is proved that tlu^ 
 credit was given to both principal and factor, or to the principal alone. 
 
 Any person may purchase goods of any agent entrusted with their pos- 
 session, or to whom they have been consigned, and may receive them and 
 l»uy him the i)rice thereof; and the contract is binding upon the owner of 
 tiie goods, notwithstanding the purchaser lias notice that he is contracting 
 only with an agent. (See also Banks.) 
 
 Garnishment. — A judgment-creditor may effect an execution upon moneys, 
 credits and effects of his debtor in the hands of a third party by means of u 
 seizure by garnishment, and he may thus make a seizure u])on his debtor's 
 wages, {'^ea &\i^o Attachments n.\\i\ Exemptions.) 
 
 Insolvent Laws.— (>Sfe Assifjnments.) 
 
 Interest. — Six per cent, is the rate fixed l)y law. Any rate may be fixed 
 by agreement between the parties ; except that certain corporations are 
 restricted by statute to the legal rate, and banks cannot receive more than 
 seven per cent. 
 
 Judgments — Remain in force for thirty years. In uncontested cases it 
 takes about eight days to obtain judgment in tlie circuit court, and about 
 fifteen days in the superior court. In actions on bills, notes, cheques, or 
 private writings or authentic documents, if the defendant does not appear 
 or plead, judgment may be rendered upon plaintiff's written ai)plication, 
 without proof of the signatures to the documents ; and in actions founded
 
 881 CANADA. 
 
 on verbal agreements to jDay specific sums of money, or upon detailed 
 accounts, or for goods sold and delivered, or for money lent, judgment may 
 be rendered fortlivs^ith upon an affidavit of the plaintift" or other credible 
 person, establishing the amount due by the defendant to the plaintiff. 
 Judgments, when registei'ed against defendant's immoveables, create an 
 hypothec thereon in favor of the creditor. 
 
 Landlord and Tenant. — The landlord has, for the payment of his rent 
 and other obligations of the lease, a privileged right upon the effects found 
 in the property leased. This right includes the effects of an under-tenant 
 in so far as he is indebted to the lessee. It includes also goods belonging to 
 third persons, and being on the premises by their consent, but not if such 
 goods be only transiently or accidentally on the premises, such as the bag- 
 gage of a traveller in an inn, or articles sent to a vporkman to be repaired, 
 or to an auctioneer to be sold. The landlord, in order to enforce payment 
 of the rent, may, by means of a writ of saisi gagerie, cause the things sub- 
 ject to his privilege to be seized, either upon the leased jiremises or else- 
 where, within eight days after their removal. 
 
 Liens — Exist in favor of, 1st, hotel and boarding-house keepers upon their 
 guests' baggage for board, &c. ; 3d, carriers for freight upon the goods they 
 carry ; and 3d, tradesmen for work done upon articles left with them for 
 repair. 
 
 Limitation of Actions. — Thirty years' uninterrupted possession of leal 
 estate gives a valid title, and ten years' possession in good faith under a 
 transitory title presumes ownership. 
 
 Actions for money lent can be brought at any time within thirty years. 
 
 Actions on bills or notes for goods sold, and for work and labor, and all 
 claims of a commercial nature, professional services and all other ordinary 
 demands, are prescribed by five years. 
 
 Actions for seduction and certain classes of wrongs, as well as actions for 
 wages of workmen not reputed domestics, and who are hired for a year or 
 more, are prescribed by two years ; and actions for libel or slander, for 
 bodily injuries, for wages of domestic or farm servants, merchants' clerks, 
 and other employees hired by the day, week or month, or for less than a 
 year, and actions for hotel or boarding-house charges are prescribed by one 
 year. 
 
 Married Women. — In the absence of an ante-nuptial contract, a com- 
 munity or partnership of property is established between husband and wife, 
 the assets of such community being composed, 1st, of all the moveables they 
 possess on the day of their marriage, and which they acquire, or which falls to 
 them by succession or gift during the marriage ; 2d, of all revenues received 
 during marriage, and arising from property belonging to them at the time 
 of their marriage by any title whatever ; and 3d, of all real properties which 
 they acquire during the marriage. 
 
 Real properties which the consorts possess on the day of the marriage, or 
 which during the marriage fall to them by succession, do not enter into the 
 community. The husband alone has the management of the property of 
 the community, but he cannot bequeath more than his ow*i half. 
 
 The community can only be dissolved, 1st, By death ; 2d, Separation from 
 bed and boaril ; 3d, Separation of property ; or, 4th, the absence, under cer- 
 tain circumstances, of one of the consorts. Separation of property, if not 
 provided for by ante-nuptial contract, can only be obtained judicially. All 
 voluntary separations effected during the marriage are null. When there is 
 no conventional dower, that is, dower agreed upon by marriage contract, 
 there is in favor of the wife legal or customary dower, which consists in the 
 usufruct of one-half of the immoveables belonging to the husband at the 
 time of the marriage, and of one-half of those accruing to him during mar-
 
 CANAt)A. fesS 
 
 riage from his father or mother, or other ascendants. This is a rij^ht of 
 siirvivorshi}) which opens by the natural death of the husband. Married 
 women separated as to property can carry on trade by complying with 
 certain registration formalities. 
 
 Minority. — The age of majority is twenty-one years. With certain ex- 
 cei)tions, a minor is incapable of contracting or of suing without the aid of 
 a tutor. A minor above the age of fourteen years may sue for tlie recovery 
 of wages. A minor engaged in trade is reputed of full age for all acts 
 relating to such trade. 
 
 Mortgages of Real Estate.— In this province a mortgage is generally 
 effected, not by way of sale with a right of redemption, but by giving a 
 hypothec or real right upon the property, and in order to enforce payment 
 as |against the property the creditor holding the hypothec sues, and, upon 
 obtaining judgment, sells the property, and his claim is paid by preference 
 out of the proceeds of sale. Hypothec may be either legal, judicial or con- 
 ventional. Legal hypothec results from the law alone ; judicial hypothec 
 from judgments or judicial acts ; and conventional hypothec from an agree- 
 ment. Married women have a legal hypothec for all claims of theirs against 
 their husbands for whatever they have during marriage, received or acquired 
 by succession, inheritance or gift. Minors and interdicted persons have a 
 legal hypothec upon the immoveables of their tutors or curators for the 
 balance of the tutorship or curatorship account. There is a legal hypothec 
 in favor of mutual insurance companies upon all the immoveables of each 
 paily insured for the amounts which he is liable to contribute. (See also 
 Redemjjtion.) 
 
 Notes and Bills. — {See Bills and Notes.) 
 
 Partnerships. — In all trading and commercial partnerships the parties 
 must, within sixty days after the formation of the partnership, file with the 
 prothonotary of the superior court and with the registrar of each county in 
 which they carry on business, a declaration in writing containing the names, 
 addition and residence of each partner, and the name, style or firm under 
 which they carry on business. The omission to comply with this law sub- 
 jects each of the contravening parties to a penalty of 4^200, recoverable by any 
 person suing as well in his own behalf as on behalf of the queen; one moiety 
 of such penalty going to the crown for the use of the province, and the other 
 moiety to the party suing for it. 
 
 Every trader who, having no partners, uses with his own name, as a busi- 
 ness style, some other name or designation, or who uses his own name with 
 the addition of "and company," or some other word or i»hrase indicating a 
 l)hirality of members, must file a declaration containing his full name, (jual- 
 ity and residence, and the style or firm under which he carries on business, 
 and stating that no other person is associated with him. Penalty for non- 
 compliance $200, recoverable in the .same way as in cases of partnership firms 
 not registering. 
 
 Partnerships en commandite, or limited partnerships, for the transaction of 
 any mercantile, mechanical or manufacturing business, other than banking 
 and insurance, may be formed under a special statute. Such partnerships 
 consist of one or more general partners and of one or more persons who con- 
 tribute a specific sum or capital to the common stock, and who are called 
 special partners. 
 
 The general partners are jointly and severally responsible in tlie same 
 manner as ordinary partners, but special partners are not liable for tlie debts 
 of the partnership beyond the amounts contributed by them to tlie capital. 
 Persons contracting a limited partnership niu.st sign and file witli the pro- 
 thonotary of the superior court of the district where their principal place of 
 business is situated, a certificate containing the name of the firm, the nature
 
 886 CANADA. 
 
 of its business, the names and residences of all the general and special part- 
 ners, distinguishing each, the amount of capital contributed by each special 
 partner, and term of the partnership. 
 
 Eedemption. — The right of redemption stipulated by a vendor, entitles 
 him to take back the thing sold upon restoring the price of it and reimburs- 
 ing to the purchaser the expenses of the sale, the costs of all necessary re- 
 pairs, and the value of such improvements as have increased the value of the 
 tiling. The right of redemption cannot be stipulated for a term exceeding- 
 ten years. If the vendor fails to bring a suit for the enforcement of his right 
 of redemption within the stipulated term, the purchaser becomes absolute 
 owner of the thing sold. 
 
 Wages. — In any action for wages by domestics or farm servants, in the 
 absence of written proof, the master may oft'er his oath as to the conditions 
 of the engagement and as to the fact of payment. (See also Mxemptions and 
 Minors.) 
 
 Wills — may be made by any person of full age and sound mind. A wife 
 may make a will without the authorization of her husband. Minors are in- 
 capable of bequeathing any part of their property. 
 
 There are three forms of wills in this province : 1. Notarial or authentic 
 wills, which are received before two notaries, or before a notary and two 
 witnesses ; 3, holograph wills, which are wholly written and signed by the 
 testator, requiring neither notaries nor witnesses, and svxbject to no partic- 
 ular form ; and 3, wills made in the form derived from the laws of England; 
 that is, signed and acknowledged by the testator in the presence of two wit- 
 nesses, who attest and sign the will in the presence of the testator and at his 
 request. 
 
 Notarial wills are made as originals remaining with the notary, and the 
 oi-iginals or legally certified copies make proof in the same manner as other 
 authentic writings. 
 
 Holograph wills and wills made in the English form must be presented for 
 probate to the superior court or prothonotary of the district whei-e the testa- 
 tor had his domicile, or if he had no domicile, in the district where he died. 
 
 A testator may appoint executors ; but if none are appointed, the execu- 
 tion of the will devolves entirely upon his heirs or the legatee, who receive 
 the succession. Married women cannot accept testamentary executorship 
 without the consent of their husbands. Minors cannot act as testamentary 
 executors. 
 
 Witnesses. — The testimony of one witness is sufiRcient in all cases where 
 oral proof is admitted. The evidence of a witness about to leave the prov- 
 ince, may be taken at any stage of the proceedings in an action, after due 
 notice to the opposite party. No person can be a witness who does not know 
 the importance of an oath or who does not believe in (iod and in a state of 
 rewards and punishments after death. {See Evidence.)
 
 CANADA. 
 
 887 
 
 ATTORNEYS IN CANADA. 
 
 Bold Face Type denotes county seats. A dasli (— ) less than lOn population. 
 Figures after names, when admitted to the Bar. A star (*) Notaries Public. 
 A double dagger {%) our Compiler of Laws. 
 A dagger (+) former recommendatiou withdrawn. 
 
 BRITISH COLUMBIA. 
 
 I'LACK. COUNTY. ^^\M^:S OK ATTOK^EYS, POI'ULAT'N. 
 
 New West Minster New West Miu.stcr N. W. Bole. 4,000 
 
 Vancouver New Westminster John Boultbee. — 
 
 Victoria Victoria Theo. Davis. 8,500 
 
 Brandon 
 Birtte 
 Portage Prairie 
 
 Wiiinepeg 
 
 MANITOBA. 
 
 COUNTY. NAMES OF ATTORNEYS. I'OI'ULAT'N. 
 
 Selkirk 
 Shoal Lake 
 Marquette 
 
 Selkirk 
 
 Peterson & Peterson. 2,500 
 
 GJ:0RGE ST. JOHN IIALLEN. 400 
 Cooper & McDonald. 3,000 
 
 ^ Archibald & Howell. 
 
 I t Wilkes tfi Wade. 21,000 
 
 NEW BRUNSWICK. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. I'Ol'ULAT N. 
 
 Bathurst 
 
 Gloucester 
 
 Theo. Des Brisay. 
 
 1,500 
 
 Cani])bcllton 
 
 Restigouclie 
 
 AYm. Murray. 
 
 1,500 
 
 t'hathani 
 
 Northumberland 
 
 L. J. Tweedie. 
 
 4,500 
 
 Fredrictou 
 
 York 
 
 E. L. Westmore. 
 
 7,000 
 
 Ctagetown 
 
 Queen 
 
 J. R. Currey. 
 
 1,400 
 
 Monctown 
 
 Westmoreland 
 
 ])ordcn & Atkinson. 
 
 7.000 
 
 New Castle 
 
 Northumberland 
 
 Davidson & Davidson. 
 
 3,500 
 
 Richibucto 
 
 Kent 
 
 James D. Phinncy. 
 
 1,000 
 
 Sackville 
 
 Westmoreland 
 
 C. Milner. 
 
 3,000 
 
 St Andrews 
 
 Charlotte 
 
 B. R. Stevenson. 
 
 2,000 
 
 St John 
 
 St John 
 
 C^has. N. Skinner. 
 
 32,000 
 
 St Stephens 
 
 Charlotte 
 
 GEO. G. CLARKE, "80. 
 
 — 
 
 Sussex 
 
 Kings 
 
 A. S. WHITE. 
 
 3,000 
 
 Woodstock 
 
 Carleton 
 
 Fisher »fc Connell. 
 
 3,200 
 
 NEW FOUNDLAND. 
 
 PLACE. COUNTY. NAMES OF ATTORNEYS. POrULAT'N. 
 
 St Johns St Johns Whiteway & Johnson. 28,000
 
 888 
 
 CANADA. 
 
 
 
 NOVA SCOTIA. 
 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTOKNEYS. 
 
 populat'n. 
 
 Amherst 
 
 Cumberland 
 
 Townsend & Dickey. 
 
 4,500 
 
 Annapolis Royal 
 
 Annapolis 
 
 Ritchie & Ritchie. 
 
 1,000 
 
 Antij,'ouish 
 
 Antigouish 
 
 H. H. Bligh. 
 
 2,000 
 
 Arichat 
 
 Richmond 
 
 D. A. Hearne 
 
 1,100 
 
 Baddick 
 
 Victoria 
 
 John A. McDonald. 
 
 2,000 
 
 Diftby 
 
 Digby 
 
 T. C. Shreve 
 
 2,200 
 
 Guysborough 
 
 Guysborough 
 
 R. A. Tremain. 
 
 1,000 
 
 Halifax 
 
 Halifax 
 
 John Y. Payzant. 
 
 50,000 
 
 Kentville 
 
 Kings 
 
 W. Barclay. 
 
 2,000 
 
 Liverpool 
 
 Queens 
 
 T. Moore. 
 
 3,200 
 
 Lunenburgh 
 
 Lunenburgh 
 
 Geo. A. Ross. 
 
 2.500 
 
 New Glascow 
 
 Pictou 
 
 Fraser & Jennison. 
 
 3,500 
 
 North Sydney 
 
 Cape Breton 
 
 B. Archibald. 
 
 2,500 
 
 Parrsboro 
 
 Cumberland 
 
 C. S. MUIR, '69. 
 
 — 
 
 Pictou 
 
 Pictou 
 
 C. D. McDonald. 
 
 4,500 
 
 Sydney 
 
 Cape Breton 
 
 E. T. Moseley. 
 
 2,000 
 
 Thuro 
 
 Colchester 
 
 P. Longworth. 
 
 4,000 
 
 Windsor 
 
 Hants 
 
 Wm. Curry. 
 
 3,300 
 
 Wolfville 
 
 Kings 
 
 E. S. Crowley. 
 
 1,000 
 
 Yarmouth 
 
 Yarmouth 
 
 H. A. Grantham. 
 
 
 Calgary 
 Regina 
 
 NORTH WEST TERRITORIES. 
 
 NAME OF BANK. 
 
 JOHN C. F. BOWN. 
 
 *SCOTT, '67 (D. L.) & *HAMILTON, '81 (W. C.) 
 
 1,500 
 1,200 
 
 
 ONTARIO. 
 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTOKNEYS. 
 
 populat'n. 
 
 Alexandria 
 
 Glengarry 
 
 M. Monro. 
 
 1,310 
 
 Alliston 
 
 Simcoe 
 
 Howard & Fisher. 
 
 1,800 
 
 Almonte 
 
 Lanark 
 
 Jameson & Greig. 
 
 3,000 
 
 Amherstburgh 
 
 Essex 
 
 W. M. Reede. 
 
 2,400 
 
 Arnprior 
 
 Renfew 
 
 R. Dulmage. 
 
 2,500 
 
 Arthur 
 
 Wellington 
 
 M. M. McMartin. 
 
 1,257 
 
 Aurora 
 
 York 
 
 C. C. Robinson. 
 
 1,500 
 
 Aylmer 
 
 Elgin 
 
 Crawford & Haines. 
 
 2,000 
 
 Barrie 
 
 Simcoe 
 
 Lount, Strathy & Lount. 
 
 5,000 
 
 Berlin 
 
 Waterloo 
 
 Bowlby & Clement. 
 
 6,000 
 
 Blenheim 
 
 Kent 
 
 R. A. McDonald. 
 
 2,300 
 
 Bothwell 
 
 Kent 
 
 W. R. Hickey. 
 
 1,500 
 
 Bowmanville 
 
 • Durham 
 
 R. R. Loscombe. 
 
 5,000 
 
 Bracebridge 
 
 Ontario 
 
 Browning & Palmer. 
 
 1,500 
 
 Brampton 
 
 Peel 
 
 Morphy & Morphy, 
 
 4.500 
 
 Brantford 
 
 Brant 
 
 Daniel Brooke. 
 
 13,000 
 
 Brockville 
 
 Leeds 
 
 Joseph Deacon. 
 
 8,000 
 
 Brussells 
 
 Huron 
 
 Wade & Sinclair. 
 
 1,500 
 
 Canningtou 
 
 Ontario 
 
 A, D. Sinclair. 
 
 1,200 
 
 Carleton Place 
 
 Lanark 
 
 Thos. Greig. 
 
 2,500 
 
 Cayuga 
 
 Ilaldimand 
 
 C. G. Snider. 
 
 1,200 
 
 Chatham 
 
 Kent 
 
 \\C.J O'Neill. 
 
 I Atkinson & Atkinson. 
 
 9,000 
 
 Clinton 
 
 Huron 
 
 H. Hale. 
 
 2,500 
 
 Coburgh 
 
 Northumberland 
 
 J. H. Dumble. 
 
 6,000
 
 CANADA. 
 
 889 
 
 ONTARIO— Coiitiiuu'd. 
 
 PLACE, 
 
 Cornwall 
 
 Dresden 
 
 Dundas 
 
 Dunnville 
 
 Durham 
 
 Elora 
 
 Essex 
 
 Exeter 
 
 Fergus 
 
 Forest 
 
 Gait 
 
 Gananoque 
 
 Georgetown 
 
 Glencoe 
 
 Goderich 
 
 Guelph 
 
 Hamilton 
 
 Ilarriston 
 
 Ingersoll 
 
 Kincardine 
 
 Kingston 
 Leamington 
 Lindsay 
 Li stow ell 
 
 London 
 
 L'Original 
 
 Lucau 
 
 Markham 
 
 Meaford 
 
 Millbrook 
 
 Milton 
 
 Mitchell 
 
 Morrisburgh 
 
 Napanee 
 
 New Castle 
 
 New Hamburgh 
 
 Norwood 
 
 Oakville 
 
 Orangeville 
 
 Orillia 
 
 Oshawa 
 
 Ottawa 
 
 Owen Sound 
 
 Paisley 
 
 Palmerston 
 
 Paris 
 
 Park Hill 
 
 Pembi'oke 
 
 Perth 
 
 Peterborough 
 
 Petrolea 
 
 Pictou 
 
 COUNTY. 
 
 Stormont 
 
 Kent 
 
 Wentworth 
 
 HaUlimand 
 
 Grey 
 
 Wellington 
 
 Essex 
 
 Huron 
 
 Wellington 
 
 Lambton 
 
 Waterloo 
 
 Leeds 
 
 Hal ton 
 
 Middlesex 
 
 Huron 
 
 Wellington 
 
 Wentworth 
 
 Wellington 
 
 Oxford 
 
 Bruce 
 
 Frontecac 
 
 Essex 
 
 Victoria 
 
 Perth 
 
 Middlesex 
 
 Prescott 
 
 Middlesex 
 
 York 
 
 Grey 
 
 Durham 
 
 Halton 
 
 Perth 
 
 Dundas 
 
 Lenox 
 
 Durham 
 
 AV^aterloo 
 
 Petersborough 
 
 Halton 
 
 Wellington 
 
 Simcoe 
 
 Ontario 
 
 Carleton 
 
 Grey 
 
 Bruce 
 
 Wellington 
 
 lirant 
 
 Middlesex 
 
 Bcni'rew 
 
 Lanark 
 
 Peterborough 
 
 Lambton 
 
 I^rinco Edward 
 
 NAMES OF ATTORNEYS. POPULA'N 
 
 Leitcli & Pringle. 8,000 
 
 Jas. W. Sharpe. 2.500 
 
 Osier & Gwyn. 4,400 
 
 J. C. Eccles. 2,000 
 
 .1. P. Telford. 1,000 
 
 Coftee, Fie4d & Wissler. I,;i87 
 
 Clarke & Wisner. 1,700 
 
 B. V. Elliott. 1,500 
 
 Monro & 3Iuir. 2,000 
 
 W. J. Porte. 1,800 
 
 Ball & Ball. G,300 
 
 W. B. Carroll. 3,000 
 
 Geo. S. Goodville. 2,000 
 
 Alex Stuart. 1,800 
 
 Ganow & Pnmdfoot. 5,000 
 
 f Gutltrie & Wdtt, -^ ^.^ 
 
 E. F. B. .b.hnston. ^^'^'^" 
 *Mackelcan (H. A.) & 
 
 *Mewburn (Sydney C.) 42,000 
 20 .Main Street. 
 
 A. G. Campbell. 1,773 
 
 J. C. Hegler. 5,000 
 
 W. C. Lascombe. 2,800 
 
 Kirkpatiick & Rodgers. 15,000 
 
 W. T. Easton. ' 1,700 
 
 Martin & Hopkins. 0,000 
 
 Darling & Mabee. 3,000 
 
 \John Taylor. 20,000 
 Street & Belcher. 
 
 O'Brian & O'Brian. 1,200 
 
 W. McDiarmid. 1.200 
 
 A. Mairs. 1,500 
 
 Pollard &, Miller. 2,300 
 
 Curry & Smith. 1,500 
 
 John Dewar. 1,500 
 
 Dent & Hodcre. 3,000 
 
 Frank Tyrrell. 2,000 
 
 W. S. W'illiams, 4;000 
 
 Chas. Wright. 1.500 
 
 AVm. :\[illar. 1.300 
 
 T. 31. Grover. 1,000 
 
 Geo. L. Tizard. 2,000 
 
 W. L. Walsh. 2,847 
 
 S. S. Robinson. 3.200 
 
 McGee & .Jones. 3,500 
 
 Nellis & j\Ionk. .,,. /^,^/^ 
 
 tJ. W. W. Ward. '^^''""^ 
 
 H. C. Tucker, 7,000 
 
 H. Cowan. 2,0u0 
 
 A. M. Clark. 1,828 
 
 .L McMillan. 3,000 
 
 K. Goodmou. 2,000 
 
 W. R. Whiter 4,000 
 
 F.A.HALL. 3,500 
 
 F. P>nriduuii. 7,000 
 Geo. liaillon. 5,000 
 Phillip Low. 3,000
 
 890 
 
 
 CANADA. 
 
 
 
 ONTARIO— Continued. 
 
 
 PLACE. 
 
 COUNTY. 
 
 NAMES OF ATTORNEYS. 
 
 popula'n. 
 
 Port Arthur 
 
 Algona 
 
 *J. F. C. HALDARY. 
 
 ;;,ooo 
 
 Port Elgin 
 
 Bruce 
 
 Wm. Burgess. 
 
 2,000 
 
 Port Hope 
 
 Durham 
 
 David Smart. 
 
 0,000 
 
 Port Perry 
 
 Ontario 
 
 H. L. Ebbels. 
 
 2,000 
 
 Preseott 
 
 Greenville 
 
 M. E. O'Brien. 
 
 a, 000 
 
 Renfrew 
 
 Renfrew 
 
 J. A. McAndrews. 
 
 2,500 
 
 Ridge town 
 
 Kent 
 
 N. Mills. 
 
 2,500 
 
 St Catharines 
 
 Lincoln 
 
 Miller, Cox & Yale. 
 
 10,000 
 
 St Thomas 
 
 Elgin 
 
 Horton & Yarwood. 
 
 11,000 
 
 Sarnia 
 
 Lambton 
 
 Lister & Cowan. 
 
 5,500 
 
 Seaforth 
 
 Huron 
 
 F. Holmsted. 
 
 4,000 
 
 Shelburne 
 
 Grey 
 
 F. H. Thompson. 
 
 1,200 
 
 Simcoe 
 
 Norfolk 
 
 Tisdale & Robb. 
 
 3,400 
 
 Smith Falls 
 
 Lanark 
 
 J. A. Lavelle. 
 
 3,000 
 
 Stayner 
 
 Simcoe 
 
 A. C. Macintyre. 
 
 1.600 
 
 Stratford 
 
 Perth 
 
 Idington & Palmer. 
 
 10,000 
 
 Strathrov 
 
 Middlesex 
 
 W. P. Laird. 
 
 4,400 
 
 Thorold " 
 
 Welland 
 
 L. Lampman. 
 
 2,800 
 
 Tilsonburgh 
 
 Oxford 
 
 John Caruthers. 
 
 2,300 
 
 Toronto. 
 
 Yor 
 
 k County. Population 100. 
 
 ,000. 
 
 Coatsworth, Hodgins & Campbell, Toronto Street. 
 
 Coatsworth, .Jr. E. L. L. B. 
 
 *Hodgins, Frank E. 
 
 Campbell, Geo. C. 
 \ J. A. WilUnmHon. 
 i"^'Hands J. Baldwin, 16 King Street East. 
 
 See Card in Appendix, page xxvii. 
 
 Trenton Hastings D. McLellan. 5,000 
 
 Uxbridge Ontario McGellivay & Chappie. 2,000 
 
 Walkerton Bruce Thos. Dixon. 3,500 
 
 Wallaceburgh Kent C. B. Jackson, 2,200 
 
 Waterford Norfolk Lister & Cowan. 2,000 
 
 Waterloo Waterloo Fred'k Colquhon. 2,500 
 
 Watford Lambton Lister & Cowan. 2,000 
 
 Welland Welland W, M. GERMAN. 2,100 
 
 Whitby Ontario J. E. Farwell. 2,800 
 
 Windsor Essex Bell & Bartlett. 7,500 
 
 Wingham Huron Meyer & Dickinson. 2,200 
 
 Woodstock Oxford Ball & Ball. 7,500 
 
 PLACE. 
 
 Charlottetown 
 Summerside 
 
 PRINCE EDWARD ISLAND. 
 
 COUNTY, NAMES OF ATTORNEYS. 
 
 Queens 
 Prince 
 
 Chas. Binns. 
 J. H, Bell. 
 
 POPULA N. 
 13,000 
 
 3,000 
 
 PLACE. 
 
 Arthabaskaville 
 
 Beauhamois 
 
 Bertheir 
 
 Coaticook 
 
 Cowansvillc 
 
 QUEBEC. 
 
 COUNTY. NAMES OF ATTORNEYS. POPULA'N. 
 
 Arthabaska 
 
 Beauharnois 
 
 Bertheir 
 
 Stanstead 
 
 Missisqui 
 
 E. L. Pacand. 
 Thos. Brcssoit. 
 A. Demers. 
 W. L. Shurtleff. 
 Baker & Martin. 
 
 1,200 
 1,900 
 1,700 
 4,000 
 1,000 
 
 i
 
 CANADA. 
 
 891 
 
 QUEBEC— Continued. 
 
 PLACE. 
 
 Dnuniuondville 
 
 Hull 
 
 JoUiette 
 
 Knowlton 
 
 La" Chute 
 
 L* Assumption 
 
 Lotbiniere 
 
 Montreal. 
 
 COUNTY. 
 
 Drumniond 
 
 Ottawa 
 
 JoUiette 
 
 Broome 
 
 Argeuteuill 
 
 Montcalm 
 
 Lotbiniere 
 
 NAMES OF ATTORNEYS. POPULA'N. 
 
 E. J. Hcmmini;. 
 Thos. Roche, 
 Godin &, Dugas. 
 G. G. Foster. 
 Chas. J. Burrouo-lis. 
 J. E. Fairbault. ' 
 J. L. O. Vidal 
 
 Hochelaga County. 
 
 t Crankshaw, James, 132 St. James Street. 
 
 Si'e CarU in .{ppcndix, pngc xxvii. 
 
 Lacoste, Globensky, Bisaillon, Brosseau & Lajoie. 
 
 Lacoste, Hon. A. C. 11. 
 
 Globensky, B. C. R. 
 
 Bissaillon, F. J. C. R. 
 
 Brosseau, T. L. L. B. 
 
 Lajoie, H. G. B. C. L. 
 McGibbon & Major, 157 St. James Street 
 
 See Card in Appendix, page xxviii. 
 McGibbon, R. D.,'87. 
 Major, Alfred B., '79. 
 
 IMurray Baj' 
 l^icole't 
 
 Quebec 
 
 St. Hyacinthe 
 
 St Joseph 
 
 St Scholastique 
 
 Sherbrooke 
 
 Stansed Plain 
 
 Sweetsburgh 
 
 Three Rivers 
 
 Chalevoix 
 Nicolet 
 
 Quebec 
 
 Hyacinthe 
 
 Beauce 
 
 Two Mountains 
 
 Sherbrooke 
 
 Stansed 
 
 Missisqui 
 
 St Maurici 
 
 Louis ,T. Reopel. 
 
 J. B. A. Rousseau, 
 r Chas. Langelier. 
 [ f Thos. Moloney. 
 
 Morison & Desmarais. 
 
 E. Bruncan. 
 
 Provost & IVIathiew, 
 
 Hall. White & Gate. 
 
 J. B. Brousseau. 
 
 T. AMYRAULD, '78. 
 
 J. B. L. Hould. 
 
 3,200 
 10,000 
 5,000 
 1,000 
 1.500 
 2,600 
 2,100 
 
 Population 200,000. 
 
 3,000 
 3,000 
 
 85,000 
 
 6.500 
 1,000 
 1,000 
 8,000 
 1,000 
 
 10,000
 
 892 
 
 FOREIGN ATTORNEYS. 
 
 FOREIGN ATTORNEYS. 
 
 AUSTRALIA. 
 
 TOWN. COUNTY. NAME. 
 
 Sydney. New South Wales. Russell Jones Bros, 
 
 London. 
 
 ENGLAND. 
 
 Albert Van Wagner, 
 
 Lamb Building Temple E. C. 
 
 Paris. 
 
 FRANCE. 
 
 Leopold Goirand, 
 
 i6 Flace Vandome. 
 
 EUROPE. 
 
 DR. JUR. MAX FAST, Counsel for German Law, 
 
 ;^;^ Pine Street, New York City, N. V. 
 
 All claims for Continental Europe may be sent to the above 
 counselor who has the facilities for transacting all business in that 
 country.
 
 APPENDIX.
 
 D. H. SHOWERS, ESTABLISHED, 1875. WM. L. SHOWERS, 
 
 Patent Solicitor. Attorney at Law 
 
 THE NATIONAL 
 
 Law and Cc>llection Association, 
 
 Was Established for Collecting Doubtful Debts and protect i lim- 
 its Members against incurring Losses. 
 
 D. H. SHOWERS & CO. 
 
 General Managers, 
 N. K. Coi'- Fifth and Walnut Streets, Pliilatlclphia. 
 
 — AND — 
 
 99 Nassau Strcet, New York, N. Y. 
 HALBERT & MILLARD, MANAGERS. 
 
 For New York lieferenecs^ see card in Appendix, pcu/e xvi. 
 
 ALSO PROPKliaORS OI' 
 
 Showe r s* [e gal Directory and (Qerchants' Ouide* 
 
 PATENTS SOLICITED, 
 
 COJJ.ECTIOKS MADE AND CAUSKS MTIOATKD IN \\A, I'AllTS OF Till', V. oi;!,l). 
 
 LOANS XKGOTIATKD. AND LOCAl, COIJ-KC'TIONS .MADK Tllltorcil A 
 
 COMPETENT C01M\S OV SrECIAL (TTV COLLECTOKS. 
 
 REFERENCES. 
 
 W. PI. Walmsley & Co., Opticians, lOJO Clifstiiut -Street. 
 
 Miistorw, Detwiler& t:o., Mamifacturers of Clothing, i'M Mai-ket SI reel, 
 .J no. F. Met/. & Hon, Brewers, Crown and Willow Streets. 
 
 .ln<>. Condon <&Co., Merehant Tailors, SIO CliestniU Si reel. 
 ( tliver I'.raden & Co., Printers, 119 Sonth Fourth Street, 
 
 Sniilli, Foster & Co., (irocers, 222 North Thiril Street. 
 
 Charles' Frcednian, shoe .Nlanillacturer, N. W. (Joi-. Thh-d ;iii(l .\rch Sis. 
 Jlon. .lames I'olloek, Kx. (fov. Pa., Phihidulphia, I'a. 
 r.aker .Idlinson, Attorney, 2.!2St. Paul St., Haltimore, Md. 
 Hon. Wni. H. .Vrm.strong, Williamsport, I'a. . 
 
 .\. I'. Hoynton, President Clearfield Co. Nat. P.aiik, Clearfield, l";i. 
 
 JI.S. .Morse, President East Georgia & Florida K. 11., r.rim-.wiik, ( .':i. 
 Geo. F. J,asher, Steam Power Printer, 121;! & 1215 Fillxi I Si., I'liila 
 And tliousan<ls of others if neecssar.v.
 
 APPENDIX. 
 
 ALABAMA.— ARKANSAS. — CALIFORNIA. 
 
 JOHN VARY, 
 
 Attorney at Law and Solicitor in Chancery, 
 
 Room I, Alabama Nat'l Bank Building, 
 
 COLLECTIONS PROMPTLY MADE, 
 
 Birmiugfliain, Ala. 
 
 JAMES CO BBS, 
 
 ATTORNEY AND C0UNSP:L0R AT LAW, 
 ]>IOBII.H, AI.A. 
 
 T. J. OLIPHINT, 
 
 (Compiled the Collections of Arkansas for this Directory.) 
 
 ATTORNEY AT LAW, 
 
 Iflarr Block, 
 
 LITTLE ROCK, ARKANSAS, 
 
 Author of Oliphint's Digest of the Supreme Court Reports. Does :i 
 general practice in all the Courts, State and Federal. 
 
 WM. H. H. HART, 
 
 Attorney and Counselor at Law, 
 
 230 Moiitgoiiiery Street, 
 
 Rooms 23, 24 and 2o. SAN FRANCISCO, r A L 
 
 TUE KKAL EST.VTK ASSOC! ATKS' ULILDING, 
 
 Will pnirtirc in (ill the State find Federal Courts of the Purific C'uiisl.
 
 APPENDIX 
 
 CALIFOUNIA.— AKIZONA. 
 
 WICKLIFFE MATTHEWS, 
 
 Attoi'ney at Law and Commissioner of Deeds, 
 
 405 KEARNY STREET, San Francisco, Cal. 
 
 Taking of Depositions a specialty. 
 
 Commissioner of Deeds for Alabama, Arizona, Arkansas, Colo- 
 rado, Connecticut, Dakota, Delaware, Florida, Georgia, Idalio, 
 Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Mary- 
 land, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, 
 Montana, Nebraska, Nevada, New Brunswick, Newfoundland, New 
 Hampshire, New Jersey, New Mexico, New York, North Carolina, 
 Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennes- 
 see, Texas, Utah, Vermont, Virginia, Wisconsin and Wyoming. 
 
 E. M. SANFORD, 
 
 Attorney at Law, Notary Public, 
 
 PRESCOTT, ARIZONA. 
 
 Makes a specialty of Mining and corporation law. 
 Refers to the Banks of Prescott. 
 
 F. A. BERLIN, 
 ATTORNKV=A'r = LA\V, 
 
 4J0 Montgomery Street, 
 
 SAN FRANCISCO, CAL. 
 
 A
 
 APPENDIX. 
 
 COLORADO. 
 
 M. K. UKKOUI). JOHN II. KKDDIN, M. VAN IJLKKX, 
 
 Notary 1*111)110. Notary Public. 
 
 UFFORI), REDDIN & VAN BUREN, 
 
 attorneys & Counselors at Law 
 
 No, 15 1 8 Larimer Street, 
 
 DENVP:R, COLORADO. 
 Rooms 1, 2 and 3. P. O. Box, 2(511. Telephone 5.)7. 
 
 r 
 
 Practice in the County, Superior, District and Supreme Courts of 
 the State of Colorado, and the Circuit and Supreme Courts of tlic 
 United States. 
 
 Commissions to take tlie testimony or (h^positions of witnesses 
 receive prompt and carefuj attention. 
 
 Special attention given to INIining, C'oitPORATiox and Co.m.mii:( iai, 
 
 T>AAV. 
 
 Collection Department. — This department is in cliaroe of 
 tlioroughly ahle and competent men, under our direct supervision. 
 We have special facilities for making collections in the Rocky Moun- 
 tain States and Territories, and have reliable legal and banking 
 correspondents in all parts of the world. 
 
 Invest:ments, Etc. — The property and interests of non-residents 
 looked after, and investmeats made in first-class real estate securities, 
 bearing 8 to 12 per cent, interest per annum. 
 
 RiiKEP.E.vcES — German National Bank, the Judges of all the Courts 
 of Record at Denver, and the State and County oflicers, and any of the 
 several hundred wholesale merchants and leading firms of the city.
 
 APPENDIX. 
 
 CONNECTICUT— DAKOTA. 
 
 stephen terry, a. m., 
 Counselor at Law, 
 
 309 MAIN STREET, HARTFORD, CONNECTICUT. 
 P. O. Box 1003. 
 
 """ WILLIAM A. WRIGHT, 
 
 Attorney and Counselor at Law, 
 
 NOTARY PUBLIC, 
 
 And Commissioner in Connecticut to take acknowiedgments, depositions, 
 
 etc., for tlie States and Territories. 
 
 Special Attention to Collections and Commercial Litigation. 
 
 r53 Clirucli St., New Haven, Conn. 
 
 REFERENCES.— First National Hunk, New Haven Savings Bank and National 
 Tradesman's Bank, New Haven; Bates, Reed & Cooly. and J. H. Hubbell & Co., New 
 York ( ity; J. B. Ellison & Sons and Morris & Lewis, Pliila.; Wilbur Mercantile 
 Agency, Chicago; Jewett & Sherman Co., Milwaukee. 
 
 T. V. BARNES, 
 
 Cotanselor at Law, 
 
 BISMARCK, DAKOTA. 
 
 Real Estate, Loans and Collections. 
 
 Office of J. H. VAIL, 
 
 Attorney at Law, 
 
 NOTARY PUBLIC. 
 
 Real Estate, Loans, Collections, Final Proofs. 
 
 ALL LITIGATION BEFORE THE U. S. LAND OFFICE A SPECIALTY.
 
 APPENDIX. 
 
 DELAWAUE. — WASHINGTON', D. C. 
 
 W. H. WARD, 
 
 Attorney at Law, 
 
 WILMINGTON, DEL. 
 
 A. K. BROWNE, 
 
 Attorney and Counselor at Law, 
 
 AND 
 
 Notary Public, 
 
 OFFICES, 456 LOUISIANA AVENUE, 
 
 Washtxgtox, D. C 
 
 Practices in the Courts of the District of Columbia, the Court of Claims, 
 
 the Supreme Court of the U. S. and before the 
 
 Govei-nment Departments. 
 
 CHARF.KS S. BUNDY, 
 Nf). 4o8 Louisiana A\e., (Opposite City Hall) Washington', D. ('.. 
 
 U. S. COMMISSIONER 
 
 And Commissioner of Deeds of all the States and Territories, to wit 
 
 Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Dakota. Delaware, Florida, 
 (ifiorgia, Idalio, llUnois. Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine. Massacluisen>i, 
 Michigan. Minnesota, Mississippi, Missouri, Montana. Nebraska, Nevada, New Hampshire. Xcw 
 Jersey, New .Mexico, New York, North Carolina, Oliio, Oregon, Pennsylvania, Rhode Island, 
 South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington Territory, West Vir- 
 ginia, Wisconsin, Wyoming, Alaska. 
 
 Acknowledgments, .Vffidavits, Depositions, Deeds, Mortgages, Discharges, Assignments, Proofs 
 of Claims, Powers of Attorney, Corporation and Insurance Statements and Returns, Contracts, 
 Leases, etc., taken, drawn, and certified, according to the law of any State or Territory, or State 
 Federal, Canadian or luiropean Courts. All papers for record or use in other States should be' 
 acknowledged before a Commissioner of Deeds in this District before being sent. 
 
 JOHN C. STARKWEATHER. 
 (From^ Wisconsin,) 
 
 Attorney at Law, 
 
 WASHINGTON, D. C, 
 
 Practices in all Courts of the District. Prosecutes Claims of all descrip- 
 tions against the Uiuted States. 
 
 Pensions, Bounties, Patents, Correction of llecords aud Claims to be 
 prosecuted before Congress promptly att-ended to.
 
 APPENDIX. 
 
 FLORIDA — GEORGIA — ILLINOIS. 
 
 JOHN M. CHENEY. ARTHUR F. ODLIN. 
 
 CHENEY & ODLIN, 
 
 COUNSELORS AT LAW, 
 
 Orlando, Orange County, Florida. 
 
 SPECIALTIES. — Real Estate Law, L^oans and Mortgages. 
 
 Office with 
 ALEX. ST. CLAIR-ABRAMS. LOCK liOX, 441. 
 
 JAMES L. ANDERSON, 
 Attorney and Counselor at L^w, 
 
 MACOI^, GA. 
 
 Refers without permission to First National Bank, Macon, Ga. 
 Merchant's National Bank, Macon, Ga. 
 
 FRANK J. CRAWFORD, 
 
 Attorney and Counselor at Law, 
 
 180 CLARK ST., Rooms 17 and ig, CHICAGO, ILL. 
 
 (NOTARY PUBI^IC.) 
 
 General practice in" State and Federal Courts. Collections and 
 Depositions promptly attended to. 
 
 GEORGE C. FRY. JAMES E. BABB. 
 
 FRY & BABB, 
 
 Attorneys and Co^^^selors at L^w. 
 
 Fry Building, 84. La Salle Street, 
 
 CHICAGO, II^Iv.
 
 APPENDIX. 
 
 CHICAGO. 
 
 Commissioner Hoyne's Okfice. 
 
 ESTAIiLISHED I>J IS55 
 
 PHILIP A. HOYNE, 
 
 ATTORNEY AT LAW, 
 UNITED STATES COMMISSIONER, 
 
 COMMISSIONED IN 1855. 
 
 Commissioner for the U. S. Court of Claims, 
 
 NOTARY PUBLIC, 
 
 — AND — 
 
 Commissioner of Deeds, 
 
 FOR ALL THE STATES AND TERRITORIES, 
 
 Alabama, 
 
 Alaska, 
 
 Arizona, 
 
 Arkansas, 
 
 Califorjiia, 
 
 Colorado, 
 
 Columbia, 
 
 Connecticut, 
 
 Dakota, 
 
 Delaware, 
 
 Florida. 
 
 Georgia, 
 
 Provinces of Onta 
 
 Idaho, 
 
 Illinois, 
 
 Indiana, 
 
 Iowa, 
 
 Kansas, 
 
 Ken tuck 3% 
 
 Louisiana, 
 
 JNIass'achusetts, 
 
 JNIaryland, 
 
 ^lichigan, 
 
 Mississippi, 
 
 INIissouri, 
 
 rio. Nova Scotia, 
 
 Maine, 
 Minnesota, 
 Montana, 
 New York, 
 New Jersej^ 
 New Hampshire; 
 North Carolina, 
 Nebraska, 
 New Mexico, 
 Nevada, 
 Ohio, 
 Oregon, 
 New Brunswick, 
 
 Pennsylvania, 
 
 Rhode Island, 
 
 South Carolina, 
 
 Tennessee, 
 
 Texas, 
 , Utah. 
 
 Vermont, 
 
 Virginia, 
 
 West Virginia, 
 
 Wisconsin, 
 
 Washington, 
 
 Wyoming, 
 INIanitoba, etc. 
 
 Nos. 52 & 53 New Governnient Building, Ttiird Floor, 
 
 (Take Elevator at Adams or Jackson Street Entrance.) 
 
 CHICAGO, ILL. 
 
 Dspositions taken, Daeds certified. Claims proved for any of the States 
 and Territories iiameil above. 
 
 INSURANCE COMPANIES, EXAMINATIONS AND PROOFS OF, 
 A SPECIALTY. 
 
 N. B. — Mr. Iloyne i^ the oldest established Connnissioner in tlie Northwest, hav- 
 ing been engaged in the business thirfi/-threG years and over as a specialty. 
 
 Rekkrknces. — The Clerks and Commissioners of the U. S. Courts tiiroughout the 
 United States. 
 
 ALL TELEPHONES.
 
 APPENDIX, 
 
 ILLINOIS. 
 
 SIMEON W. KING, 
 
 ATTORNEY AT LA^AT, 
 
 NOTARY PUBLIC, UNITED STATES COURT COMMISSIONER. 
 
 (Jurisdiction in Civil and Criminal matters.) 
 
 Commissioner for the U. S. Court of Claims, and the only 
 
 Commissioner of Deeds 
 
 In Chicago, having a separate Official Seal, as required by law, for all the States and 
 
 Territories, to wit : 
 
 Alabama, Alaska, Arizona, Arkansas, California. Colorado, Connecticut, Dakota. Delaware 
 District of Columbia, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, 
 Massachusetts, Maryland, Michigan, Mississippi, Missouri, Maine, IMinnesota, Montana, New 
 York, New Jersey, New Hampshire, North Carolina, Nebraska. New Mexico, Nevada, Ohio 
 Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia- 
 West Virginia, Wisconsin, Washington, Wyoming. 
 
 Also Commissioner to take Affidavits, etc., for the British Provinces. 
 
 MR. KING gives special attention to drawing LEGAL INSTRU.MENTS according to the law 
 where used or recorded ; to takini; and certifying ACKNOWLEDGMENTS and PROOFS OF 
 THE EXECUTION OF DEEDS, etc., for any State, Territory or Foreign Country, DEPOSI- 
 TIONS. AFFIDAVITS, etc., taken, to be used in any State, Federal, Territorial or Foreign Court. 
 PASSPORTS OBTAINED on short notice. Annual Insurance Statements sworn and certified to. 
 Collections and business promptly attended to. Acknowledgments, Affidavits and Depositions a 
 specialty. 
 
 MS- LEGAL BLANKS OF EACH STATE AND TERRITORY KEPT ON HAND, 
 The only place in the city where they can be found. 
 
 OFFICE, 612 FIRST NATIONAL BANK BUILDING, 164 DEARBORN ST. 
 
 CHICAGO, ILLINOIS. 
 
 CHICAGO AND COOK COUNTY COLLECTION AGENCY. 
 
 (INCORPORATED.) 
 
 C0LLBJGTI0N8 IN CHICAGO AND COOK COUNTY ONLY. 
 
 This Agency has a Private Index to the Real Estate Records of Cook 
 County from which the Real Estate responsibility of Debtors will be 
 investigated and a report promptly made on eveiy claim received. 
 
 Every facility for making and securing claims in Cook County. 
 L. a. STEVENS, MANAGER. ROBERT L. LYONS, Attorney. 
 
 172 r,A SAI^I^B SXR-EET, CHICAGO. 
 
 F. C. RUSSELL, 
 
 Counselor at Law, 
 
 KJo. ISO W^KST ]»IADlSO?H ST., 
 
 CHICAGO, ILL. 
 NOTABY PUBLIC, COLLECTIONS.
 
 APPENDIX. 
 
 INDIANA — IOWA — KANSAS. 
 
 CHARLES L. WEDDING. 
 Attorney and Counselor at Law, 
 
 321 I'pper Third St., - - Evansville, Incl. 
 
 Will practice in State and Federal Courts. References, by permission : 
 
 Bamberger, Bloom & Co., Louisville, Ky. I Stix, Krouse & Co., Cincinnati, Ohio. 
 H. B. ClaHin & Co., New York. Old National Bank, Evansville, Ind. 
 
 J. S. LOTHROP, 
 Attorney - at - Law, 
 
 320 Pourttt Street, - - Sioux City, Iowa. 
 
 With twenty-two years of experience in the practice of my profession in many of 
 the States, and in the Circuit and Supreme Courts of the United States, I am prepared 
 to take charge of any business that may be entrusted to my care. Special attention 
 given to the practice in the State, F'ederal and Territorial Courts of Iowa, Nebraska, 
 Minnesota and Dakota, and to collections in all the Northwest. 
 
 REFERENCES. 
 
 Hon. C. H. Lewis, Judge District Court, Sioux City, Iowa. 
 
 Hon. Geo. W. Wakefield, Judge District Court, Sioux City, Iowa. 
 
 Hon. J. C. Crawford, Judge District Court, West Point, Nebraska. 
 
 Hon. B. Tiffiny, Judge Cistrict Court, Albion, Nebraska. 
 
 Hon. I. S. .Struble, Member of Congress, LeMars, Iowa. 
 
 First National Bank, Sioux City, Iowa. 
 
 Weare & Allison, Rankers, Sioux City, Iowa. 
 
 John Hornick, President Hornick Drug Co., Sioux City, Iowa. 
 And to IIis Clients Generally. 
 
 C. M. WELCH. R. B. WELCH. 
 
 WELCH & WELCH, 
 
 Attorneys - at - Law, 
 
 517 KANSAS AVENUE, .... TOPEKA, KANSAS. 
 COMMERCIAL AND REAL ESTATE LAW.
 
 X APPENDIX. 
 
 KENTUCKY— LOUISIANA— MAIXE— SOUTH CAIIOLINA. 
 
 HORATIO S. BRIGHT, 
 A.ttorney and Co^'^selor at Law, 
 
 Room 17, Keiiyon Building-, 
 
 216 Fifth Street, LOUISVILLE, KY. 
 
 E. T. Merrick, E. T. Merrick, Jr. 
 
 MERRICK & MERRICK, 
 
 Counselors and Attorneys at Law, 
 
 29 Carondelet Street, New Orleans. 
 
 Prompt attention given to collections. 
 S. C. Strout. H. W. Gage. F. S. Strout. 
 
 STROUT, GAGE & STROUT, 
 
 ATTORNEYS AND COUNSELORS AT LAW, . 
 
 Cumberland Bank Building. 
 No. 52 Exchange Street, Portland, Me. 
 
 J. R LANIER, 
 
 ATTORN KV AT LAW, 
 
 Prompt attention given to all business in adjoining towns and places.
 
 APPENDIX. 
 
 MASSACHUSETTS— MICHIGAN. 
 
 WILLI. AM Ci. WAITT, 
 
 ATTORNEY AND COUNSELOR AT LAW. 
 
 BoAVJJOiN Building, 
 31 Milk Street, Room 16, - • Boston, llas.s. 
 
 PUBLIC ADMINISTRATOR. 
 
 CHARLES HALL ADAMS, 
 
 Notary Public, Comniisssloiicr ofU. S. Court of Claims, and Commissioner of Deeds 
 
 for all the states, Territories and British I'rovinees, to wit : 
 Alahania, (ieorsia, Maryland, New .lersey, Tennessee, 
 
 Arizona, Idaho, Michi-^an. New ^Mexico, Texas, 
 
 .\rkansas, Illinois. Minnesoia. New York, Utah, 
 
 California, Indiana. Mississippi, North Carolina, Vermont. 
 
 Colorado, Iowa. Missouri, Ohio. Virginia. 
 
 Connecticut, Kansas. Montana, <»re°:on, ^\■ash^n<J;ton. 
 
 Dakota, Kentucky, Nebraska. Pennsylvania, AVest Vir^'inia, 
 
 Delaware. I,ouisiana, Nevada, Rhode Island, ^Visconsin, 
 
 I'lorida, Maine, NewHampshire, South Carolina. Wyomin.u', 
 
 British Columbia, Manitoba. New Brunswick. 
 
 Newfoundland. Nova Scotia. Prince Edward Island, etc. 
 
 Kmpire of India and Australian Colonies. 
 SPECIAL ATTENTION GIVEN TO TAKING DEPOSITIONS. 
 
 .5 COURT ST.. Cor. WASHINGTON, BOSTON, MASS. 
 
 HKRBERT BOW'EN. SAMUEL T. DOUGLAS (2d). FREDERICK ^V . WHITING 
 
 Ex-Judge S. T. DOUGLAS, Counsel. 
 
 BOVVEN, DOUGLAS & WHITING, 
 
 ATTORNEYS AND COUNSELORS, 
 
 80 Gris-wold Street, Detroit, Mich. 
 
 We Refer to 
 
 Mechanics' Bank, Detroit ; Merchants' Bank of Canada ; H. C. Hart 
 Mnfg. Co., Detroit; H. D. Edwards & Co., Detroit; H. B. Chitlin & Co., 
 N. Y.; E. S. Jaffray & Co., N. Y.; Fidelity & Casualty Co., N. Y.; J. 
 H. Hubbell & Co., N. Y.; Sharp & AUeman, Philadelphia ; R. H. White 
 Oc Co., Boston.: Wheeler, Conant »fc Blodgett, Boston ; James W. Tufts, 
 Boston; Peninsular Stove Co., Detroit; Lake Superior Trau.'iit, Co., 
 Detroit.
 
 xii APPENDIX. 
 
 MINNESOTA— MISSISSIPPI— MISSOURI. 
 
 FRANK E. CHIPMAN, 
 Attorney-at-Law, Notary Public, 
 
 62 National German-American Bank Building, 
 Cor. 4tli & Roberts Sts., St. Paul, Minn. 
 
 Manager Minnesota Branch Office of the National Law and Collection Association. 
 
 DEPOSITIONS TAKEN. DEEDS ACKNOWLEDGED. NOTES PROTESTED. 
 
 REFERENCES— Hon. A. R. McGill, Governor, St. Paul; Jiio. P. Jacobson, General Agent 
 Connecticut Mutual Life Insurance Co., St. Paul; The John W. Ealy Co., 94 LaSalle St., Chi- 
 cago; M. D. Talcott, Manager National Furniture Association, 150 Dearborn St., Chicago; .Law- 
 rence & Brockway, Managers American Boot and Shoe Reporting Co., 147 Summer St , Boston; 
 Gsrmania Bank of St. Paul, and West Side Bank of St. Paul. 
 
 S. M. SHELTON. T. E. CRUTCHEK. 
 
 SHELTON & CRUTCH ER, 
 
 Attorneys - at - Law, 
 
 VICKSBURG, MISS. 
 
 Will practice in Warren and adjoining Counties, and in the Federal 
 Courts. 
 
 HENRY H. CRAIG, 
 Attorney - at - Law, 
 
 518 Delaware St., - - Rooms i, 2, 3. 4 and 5. 
 
 KANSAS CITY, MISSOURI. 
 
 References (Without Permission).— The various offices of the Bradstreet Co. Kansas 
 City: William B. Grimes, dry goods, Ryley, Wilson & Co., wholesale grocers; Askew Bro.s , 
 wholesale saddlers, etc.; Meyer Bros. Drug Co., wholesale drugs; J. A. Bachman & Bro., wholesale 
 cigars- B. Liebstadlers & Co , wholesale millinery; Hall & Willis Hardware Co., wholesale hard- 
 ware- Patterson, Thomas & Co., wholesale boots and shoes; Williams & Marks, wholesale liquors; 
 T. M. James & Sons, wholesale crockery, etc.; Corle Cracker and Confectionery Co., candies, etc.; 
 Armour Bro.'s Banking Co.; Kansas City Savings Bank. 
 
 CLIFFORD B. ALLEN, 
 
 Attorney and Counselor at Law, 
 
 S. W. Corner Fourth and Market Streets, Rooms 303 and 304, 
 
 ST. LOUIS, MISSOURI. 
 
 Special attention to Collections, Commercial and Corporation liaw.
 
 APPENDIX. 
 
 MISSOURI — XEIJRASKA. 
 
 PAUL F. COSTE, 
 
 ATTORNEY AT LAW, 
 
 Notary I'uhlic. 
 
 509 Olive Street, St. Louis, Mo. 
 Practices in ^>tatc uiid Federal (,'uurts. 
 
 Specialties: Coinmercial and Corporation Law 
 
 JX-posUhnts, Protests, and all Notarial business Cor re ft ly and promptly executed. 
 
 Refers to Bank of Commerce, Franklin Bank, and International Bank, St. Louis. 
 
 Commercial Law. Notary in Okkice. 
 
 JOHN M. MACFARLAND, 
 ATTORNEY AT LAW, 
 
 Reference; — First National Bank. 
 
 Rooms 3 and 4, First National Bank Building. 
 
 COIvUMBUS, IVHBRASKA. 
 
 STEPHEN L. GEISTHARDT, 
 
 ATTORNEY AT LAW, 
 
 14 Academy of Music, 
 
 LINCOLN, NEBRASKA. 
 
 Collection.s receive prompt and personal attention. 
 
 REFERENCES. 
 LrNCOi.N :— First Nat. Bank ; Capital Nat. Bank ; Mason, (irogg & Bros. 
 ("HicAtiO :— Jliincoln National Bank; II. (>. Stone & Co. 
 
 Xkw York :— H. \'. White & Co. ; Becchcr & I?cncdii-t 
 
 HAMILTON & TREVITT, 
 ATTORNEYS AT LAW, 
 
 LINCOLN, NEB. 
 P. O. BOX. olii.
 
 APPENDIX. 
 
 NEVADA— NEW HAMPSHIRE— NEAV MEXICO — NEW JERSEY. 
 
 J. W. WHITCHER, 
 
 ATTORNEY AT LAW 
 
 And U. 8. Commissioner of the U. S. Circuit Court at 
 VIRGINIA CITY, NEVADA, 
 l*ractices in all the Courts of Nevada. Special attention paid to Cali- 
 fornia Collections. 
 
 REFERS, BY PERMISSION, TO 
 
 CulliuK, I'icchini; & Co.; Brittan, Holbrook & Co.; A. ;\[au & Co.; Martin, Koii.sier & 
 
 iSteilani ; CalU'ornia (Jliemical Paint Co.; Philips, Tal)or A Co.; Wilniei'cliiig, 
 
 KellofiK & Co.; Mc(!ain, P"'lood & MfClure; Michelsscn, Brown & Co.; 
 
 Wenzel, Rothschild & Ehrenpfort; T. J. Chadbourne; C. James 
 
 King, of Will. & C;o.; Kohler, Chase & Co. 
 
 GEORGIA M. FLETCHER, 
 
 ATTORNEY AT LAW, 
 CONCORD, N. H. 
 
 Special Attention Given to Inquiries Coneerning New Mexico to Parties Wishing 
 
 Homes, Health, 8tock, Ranches, JNIines or Fruit Farms. 
 
 Correspondence for Newspapers. 
 
 OFFICE OF 
 
 W. B. SLOAN, 
 Commissioner at Large for New Mexico, 
 
 SANTA FE, NEW MEXICO. 
 
 Attorney at Law, Notary Public, United States Commissioner, Land 
 
 and Mining Agent, General Agent for the Guarantee 
 
 Mutual Accident Association of New Yorl?. 
 
 Late Commissioner for New Mexico to Denver Exposition 18S2; Denver Exposition 
 188;}; World's Exposition 1884; Superintendent of 8emi-Deeennial Census 188.5; Com- 
 missioner to North, Central and South American Exposition 18S5-(j; Commissioner to 
 American Exposition , London 1887. 
 
 FRANK P. McDERMOTT, 
 Attorney and. Couinselor at La^v, 
 
 FREEHOLD, NEW JERSEY. 
 
 INlaster, Examiner and Special Master in Chancery, Supreme Court 
 Commissioner, Commissioner for New York. 
 
 ^- SPECIAL ATTENTION GIVEN TO EqUITY PRACTICE, "'m
 
 APPENDIX. 
 
 NEW JERSEY — NORTH CAROLINA — ILLINOIS — NEW YORK. 
 
 SYMMES B. HUTCHINSON, 
 
 COUNSELOR AT LAW, 
 
 152 East State Street, 
 TRENTON, N. J. 
 
 Solicitor and Counsel for Mercer County. 
 
 Railroad, Insurance, Corporation and Commercial Law. 
 LAW OFFICE OF 
 
 JOHN W. HINSDALE, 
 
 Citizens' National Bank Building, 
 
 RALEIGH, NORTH CAROLINA. 
 
 References : Little, Brown & Co., Boston ; Hon. J. F. Dillon, H. B. Clafflin & 
 Co., Thurber, Wyland & Co., New York; Rochester German Insurance Co., Roches- 
 ter, N. Y. ; Penn Mutual Life Insurance Co, Philadelphia; John M. Robinson, 
 President of Baltimore Steam Packett Co., Seaboard & Roanoke R. R. Co., Raleigh 
 & Gaston R. R. Co., Baltimore; Va. F. & M. Ins. Co.. Richmond, Va. ; W. N. 
 Kawks, Atlanta, Ga. ; Home Insurance Co., Columbus, Ga. ; N, C. Home Insur- 
 ance Co., Raleigh ; The Banks of Raleigh and Fayetteville, N. C. 
 
 GEO. M. BLAKE, 
 Attorney at Law and Notary Public, 
 
 ROCKFORD, II.I.I1VOIS. 
 
 Special attention to Equity, Probate and Commercial Law. 
 EX. CITY ATTORNEY. 
 
 Refer to any Bank in Rocktord; H. B. Ckiflin & Co., New York; W. A. Smith, 
 Kditor Railw.iy Review, and Sliornian Bros. & Co., Cliicago; Sliepard & Shepard, 
 -Milwaulioe; .Ino. K. \'an Dt-rlips, ^Minneapolis ; S. (i. Dorr, BiitTalo; Ct)rre.spondent 
 for Hubbcll's Rand, ^MeNally's, Wernse's, Grot't's, Williamson's, Paul's, Osgoodley's 
 Jones', MeKillop, Wallter & Co.'s, and other Collection Ageneics. 
 
 Collections and Probate Matters a Specialty. 
 
 JOHN A. CLARRY, 
 
 Attorney and Counselor at Law, 
 
 26 Court Street, 
 
 BROOKLYIS, ]V. Y. 
 
 References— National City Bank ; American Wall Paper Mills
 
 APPENDIX. 
 
 NEW YORK. 
 
 N. A, HALBEKT. WM. E. MILLARD. 
 
 HALBERT & MILLARD, 
 
 Counselors at La.v^, 
 
 BEXNETT BUILDING, 
 
 99 Nassau Street, New York. 
 
 Managers of the New York Branch Office of the National 
 Law and Collection Association. 
 Practice in all Courts. Special attention to Collections and Commercial 
 Litif^ation. Reliable correspondents j^ive us ample facilities for the collec- 
 tion of claims. Personal attention yiven to the settlement of claims in any 
 part of the State, if required. Correspondence as to terms, &c., solicited. 
 
 REFERENCES— Prof. T. W. Dwight, Columbia Law School, New York; Boady McLellan 
 & Co., Bankers, 57 Broadway, New York ; t^haso Nat. Bank, 15 Nassau Street, New York ; John 
 Thompson, Vice-President, 15 Nassau St., New York ; Kirst Nat. Bank, South Norwalk, Conn.; 
 Thurber, Whyland & Co , Wholesale Grocers, N. Y.; Wm. G. Start & Co., Saildlery Hardware, 
 27 Warren St., N. Y.; Cox Sons. Buckley & Co.. Ecclesiastical Art Furniture, 343 Fifth Ave., N Y.; 
 Wm. L. Allison, Publisher, 93 Chambers St., N. Y.; Lemuel S. Valentine, Man't'r of Frames and 
 Mouldings, 202 Worth St., N. Y Roberts & Cook, M'f'rs Wrapping Paper and Twine', 25 Park 
 Place, N, Y.; Wirth Bros. & Lueckel. Unger & Co., Art Publishers, N. Y.; Herbert Booth, King 
 & Brother, General Adver. Agents, 202 Broadway, N. Y.; Rogers & Sherwood, Printers, 23 Barclay 
 St., N. Y.; Cornelius Sullivan, M'fr Hats, 34th St. and Broadway, N. Y.; Thomas Hindley & 
 Son, Plumbers, Furnaces, 794 6th Ave., N. Y.; Merchants' Union Credit Co., Chicago, 111., &c., &c. 
 
 NOTARY PUBLIC. 
 
 Depositious Taken, Deeds Acknowledged, Notes Protested. 
 
 CAJ?D. 
 
 THEODORE R. SHEAR, A. M., L. L. B., 
 
 Attorney and Couinselor at La^^v, 
 
 29 WALL and 3 BROAD STREETS, NEW YORK. 
 
 NOTARY PUBLIC. — Deposititms, Acknowledgments and Affidavits 
 carefully taken, and Notes protested. Prompt attention given to Collec- 
 tions, Commercial and General Litigation. Real Estate and Testamentary 
 Laws a specialty. References furnished when required. 
 
 HENRY A. DOOLITTLE, 
 
 Attorney and Counselor at Law, 
 
 No. 90 GENESEE STREET, UTICA, N. Y. 
 
 Special Attention Given to Commercial Collections and Litigation, and the 
 Taking of Depositions. 
 
 REFERENCES— A. D. Mather & Co.'s Bank, Utica ; E. Searls, Merchant, Utica ; D. H. 
 Houghtaling, 142 and 144 Front Street, New York , C. C. Kellogg, Utica.
 
 APPENDIX. 'fvii 
 
 NEW MEXICO— OHIO. 
 
 WILLIAM BREEDEN, 
 
 (Attorney General of New Mexico), 
 
 ATTORNEY AT LAW, 
 
 Santa Fc, Ne^' Mexico. 
 
 Will practice in all the Courts of the Territory. Collections a specialty. 
 
 Refers to the Judges and Officers of the Courts ot the Territory, and the Banks and h 
 ■ Santa Fe. Special references in eastern cities given if desired. 
 
 ATTORNEY FOR SECOND NATIONAL BANK, SANTA FE. 
 
 C. H. BLACKBURN, 
 
 ATTORNEY AT LAW, 
 
 Rooms 7 and 9, Bacon Building, 
 N. W. Cor. SIXTH AND WALNUT STREETS, 
 
 CINCINNATI, O. 
 Will Practice in State and Federal Courts. 
 
 ORRIS P. COBB, 
 
 ATTORNEY AT LAW, 
 
 S. E. Cor. Ninth and Main Streets, 
 
 (over sbcond national bank), 
 
 CINCINNATI, OHIO. 
 
 Refeeenck:— Cashirr.'; Second National Fank, Fourth National Bank and Atlas 
 National Bank, Cincinnati, Ohio; First National Bank, Aurora National Bank, 
 and Cobb's Iron and Nail Co., Aurora, Ind. 
 
 JSIy rule in handling collections is i)rompt attention, prompt reports, 
 prompt remittance. 
 
 J. A. DAVY, 
 
 Attorney at Law, 
 
 TROY, OHIO. 
 
 Special attention given to Collections and Commercial Litigation. 
 
 Refer, by permission, to D. W. Smith, Cashier First National Bank; 
 
 " Miami County Bank," Troy, O. ; C. Spencer 
 
 «fe Co., Merchants, Piqua, Ohio. 
 
 I
 
 APPENDIX. 
 
 OKEGON— PENNSYLVANIA. 
 
 STEWART B. LINTHICUM, 
 
 ATTORNEY AT LAW, 
 
 PORTLAND, OREGON. 
 
 ORLANDO HARVEY, 
 
 ATTORNEY AT LAW, 
 
 CHESTER. PA. 
 
 Geo. a. Allen. L. Kosenzweig. 
 
 ALLEN & ROSENZWEIG, 
 
 ATTORNEYS AT LAW, 
 
 8 SOUTH PARK, 
 
 ERIE, PA, 
 
 HARRY C. FLOOD, 
 Attorney at Law and Notary Public. 
 
 No. 243 CHESTNUT STREET, 
 
 MEADVILLE, PA. 
 
 Special attention given to collection of claims.
 
 APPENDIX. xix 
 
 PENNSYLVANIA. 
 
 FRANCIS E. BUCHER, 
 36 South Third Street, Philadelphia, Pa. 
 
 Prompt and careful attention given to all business entrusted to him. 
 
 REFERS TO 
 
 Samuel Bell & Sons, Second and Buttonwood Streets. 
 
 Geo. Lugert & Sons, 12th and Locust Streets. 
 
 BUZBY, SHALLCROSS & PYLE, 
 
 Attorneys and Co^^^selors at Law, 
 
 627 Walnut Street, Philadelphia. 
 
 Attorneys in Philadelphia for Williamson's Mercantile and Collection 
 Agency of New York. 
 
 ALEX P. COLESBERRY, 
 FRANK P. SHATTUCK, 
 
 ATTORNEYS AND COUNSELORS AT LAW. 
 
 58 South Third Street, Philadelphia, Pa. 
 NOTARY PUBLIC. 
 
 J. WALTER DOUGLASS, 
 Patents and Patent Causes. 
 
 No. 914 WALNUT STREET, 
 PHILADELPHIA.
 
 APPENDIX. 
 
 XX 
 
 PENNSLYVANIA. 
 
 EDWARD H. CLOUD, 
 
 Attorney at Law 
 
 and Notary Public, 
 
 S. U. Cor. Sixth and Walnut Streets, 
 PHILADELPHIA, PA. 
 
 COMMISSIONER OF DEEDS 
 
 FOR 
 
 Arkansas, California, Colorado, Connecticut, Delaware, Florida, 
 
 Georgia, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, 
 
 Maryland, Massachusetts, Michigan, Minnesota, 
 
 Missouri, Nebraska, Nevada, New Hampshire, 
 
 New Jersey, Ohio, Oregon, Rhode 
 
 Island, South Carolina, Vermont, 
 
 West Virgfinia. Wisconsin. 
 
 Jl^^" Special attention given to Conveyancing, the Collection 
 of Income and Management and Settlement of Estates.
 
 APPENDIX. xxi 
 
 PENNSYLVANIA. 
 
 JOHN P. HARLAN, 
 Law, Collection and Real Estate Offices. 
 
 13 YEARS' EXPERIENCK. 
 
 No. 406 Library Street, Philadelphia. 
 Personal attention given to the collection of claims in this city and 
 Stiite, and throuprhout the United States. 
 
 Referkniks :— Messrs. Neatie & Levy, Ship Builders, 136.5 Beach St., Phihi. ; West 
 Philadelphia Bank, No. .HCiS Market St., Pliila. ; .John E. Fox & Co. Bankers and P,ro- 
 kers, 11 S. Third St., Phila. ; A. i\I. Jlerkness & Son, Auetioners, Ninth and Suiisoin 
 Sts,, Phila,; Wilmington Malleable Iron (Jo,, Wilmington, Delaware; Oakle.v & 
 Smith, National Bazaar, lot) E, Tweut.v-lburth St,. N, Y, ; Brook & Pugh, Grain "and 
 Klour Commission Merchants, 2116 Market St., Pnila. : Hieks & l>iekey, Wholesale 
 Dealers in Iron, Steel and Nails, 113 Commeree St., IMiila. ; Eli Kindig,".lr., Sale and 
 Exchange Stables, 3917 and o91!t Market St., Phila. ; P. F. (iallagher, Sales Stables, U 
 S, Thirty-ninth St., Phila, ; The Frank Pidgeon Dredging Co,, New York Ottice, 60 
 South Street, Bridgeport, Conn,, Offices, 325 Main St, 
 
 JOHM F. KEATOR, 
 
 ATTORNEY AND COUNSELOR AT LAW, 
 
 No. 241 South Fifth Street, - - - Philadelphia. 
 
 Seventh National Bank, \ 
 
 Philadelphia, November 22d, i886, j 
 
 We have known Jno. F. Keator, Esq., somewhat intimately for about ten years, and regard him 
 an energetic, capable, and thoroughly reliable Attorney. Would cheerfully commit to him the cus- 
 tody of collections to any amount or the management of any financial affairs for which we might 
 have occasion to employ an Attorney. Yours very truly, L. D. BROWN, President. 
 
 William L. Showers, 
 
 Attorney and Counselor at Law 
 
 PATKNT SOIvICITOR, 
 
 N. E. Cor. Fifth and Walnut Streets, 
 
 PHILADELPHIA, PA. 
 
 I
 
 Xxii APPENDIX. 
 
 PENNSLYVANIA. 
 
 JOHN BETHELL UHLE, 
 Attorney and Cou'^selor at Law, 
 
 212 South Third Street, Philadelphia, Pa., 
 Personal attention to important cases in any Court in Pennsylvania. 
 
 Refers to Kittanning Coal Co. ; Moshannon Land and Lumber Co. ; 
 The Guarantee Trust and S. D. Co. ; Sheble & Hill (Wool Merchants) ; 
 Lewis Snyder (Contractor). 
 
 CHARLES L. HAWLEY, 
 
 Attorney at Law^, 
 
 402 LACKAWANNA AVENUE, 
 Scranton, Pa. 
 
 Thorough attention and immediate remittances guaranteed. 
 A specialty made of Collections in Lackawanna, Luzerne, Wayne, Sus- 
 quehanna and Wyoming Counties, Pa. 
 
 WILLIAM M. HAYES, 
 
 Attorney a.t Law, 
 
 WEST CHESTER, PA. 
 
 JOSEPH MOORE, 
 
 Attorney at Law and Justice of the Peace, 
 
 Offices at 10 N. Franklin St., Wilkes Barre, and at Miner's Mills, Pa. 
 
 Collections promptly attended to.
 
 APPENDIX. xxiii 
 
 PENNSYLVANIA — NEW YOItK. 
 
 D. L. O'NEILL, 
 Attorney, Counselor at Law and Notary Public, 
 
 Will take depositions, make collections, and attend to Professional 
 Business generally throughout the coal regions. 
 
 Oflace, 106 Public Square, 2d Floor, 
 
 WILKES-BARRE, PA. 
 
 Reference : — Second National Bank of Wilkes-Barre. 
 
 T. CHALMERS UMSTED, 
 
 ATTORNEY AT LAW, 
 
 Offices, No. 9 South Franklin Street, WILKES-BARRE, 
 
 Luzerne County, Penna. 
 
 Legal writings of every description neatly and carefully executed at sliort 
 notice. 
 
 It^ Careful Reports on Business Men Furnished. "^ 
 
 COLLECTION DEPARTMENT. 
 
 Rents, Protested Notes, Checks, &c., and all other claims promptly 
 collected. 
 
 REFERENCES:— Hon. Chas. E. Rice, P. .1 Wilkes-Barre, Pa.; Hon. Stanley 
 Woodward, A. L. J., Wilkes-Barre, Pa.; Thos. H. Phillips, .Supt. Lehigli aud Wilkes- 
 Barre Coal Co.; Wilkes-Barre, Pa.; Ex-Att'y-Gen. W. H. Palmer, Wilkes-Barre, Pa.; 
 Fii'st Nat. Bank, Bethlehem, Pa.- Linderraan & Skecr, Coal Operators, Betiileheni, 
 Pa.; Murray & Griffith, Trenton, N. J.; Chas. Smith's Sons, Brokers, 42 So. 3d Street, 
 Pliiladelpliia. 
 
 JOHN E. SMITH. CLARENCE V, KELLOGG. EDWIN M. WELLS 
 
 [Notary Public. 
 
 SMITH, KELLOGG & WELLS, 
 50, 51, and 52 WIETING BLOCK, SYRACUSE, N. Y. 
 
 AND MORRISVILLE. 
 
 REFERENCES :— E. S. Jaffra^ & Co., Collins, Downing & Co., and Fruit Dealers' 
 League, New York- Hallet & Davis I'iano MT r Co., Stearns & Butler, and Farnsworth 
 & Conant, Boston, Mass.; Bank of Syracuse, W. S. Peek Bro. & Co., D. McCarthy & 
 Sons, Pierce, Butler & Pierce M'f g Co., and G, N. Crouse & Co., Syracuse.
 
 xxiv APPENDIX. 
 
 RHODE ISLAND — SOUTH CAROLINA — TENNESSEE — TEXAS. 
 
 HARRISON A. McKENNEY, 
 
 Attorney and Counselor at Law, 
 
 Board of Jrade Building, Providence, R. I. 
 
 Practice in all the Courts, both State and Federal. Prompt attention 
 given to collections, commercial and general litigation. 
 Justice of the Peace and Notary I'ublic in my office. 
 References when desired. 
 
 VUGUSTINE T. SMYTHE. A. MARKLEY LEE. 
 
 SMYTHE & LEE, 
 ATTORNEYS AND COUNSELORS AT LAW, 
 
 9(o. 7 Broad Street, 
 
 CHARLESTON, S. C. 
 Compilers of Laws of South Carolina for the National Law and Collection Asso'n. 
 
 Refers to James Adger & Co., Pelzer, Rodgers & Co., Coosaw Mining Co., First National Bank, 
 Charleston S. C. George S. Brown, Baltimore. Dunham, Buckley & Co., 340 Broadway, N. Y. 
 Dale, Reed & Cooley, 343 Broadway, N. Y. Lane & Boodley Manufacturing Co., Cincinnati. 
 
 CREED F. BATES, 
 
 Attorney and Counselor, 
 
 Office, 711 HAEHET ST., Hooms, 1 and 2, 
 CHATTANOOGA, TBNN. 
 
 CHAS. H. MAYFIELD, 
 
 ATTORN KY AT IvAVs^, 
 
 SAN ANTONIO, TEXAS. 
 
 Will practice in all the Courts. Commercial Law and Land Litigation 
 
 a specialty. 
 
 References :— John Twohlg, Banker, O'Conner & Sullivan, Bankers, Reidel & Tips, 
 Hardware, Ramsey & Ford, Baddlery, San Antonio, Texas, and Bradstreet's Com- 
 mercial Agency.
 
 APPENDIX. XXV 
 
 UTAH — VIRGINIA. 
 
 THEODORE BRUMSTER, Manager. E. H. KAHLER, Secretary. 
 
 Established in 1884. 
 
 AMERICAN COLLECTING AGENCY OF UTAH, 
 Rooms 2, 3 & 4, 168 Main Street, Salt Lake City, Utah. 
 
 Practice in all the courts of the Territory, take depositions, make the collection of 
 past due claims a special feature in their business. 
 
 Old, stale, doubtful and desperate claims, that can only be made by extraordin- 
 ary exertions, a specialty; and in tlie absence of an agreement, fifty per cent, of tlie 
 amount collected will be charged on all such claims, though a special rate may be 
 agreed on. Are acquainted in all parts of the Territory, and readj' to go to anj' point 
 on collections at a reasonable charge. 
 
 Refer to: Desert National Bank; McCormick <t- Co., Bankers ; Union Nation a 
 Bank; Joslin & Park, Jewelers ; (irant, Odell & Co., Wagon and Implement Dealers, 
 Salt Lake City ; U. S. Law Association, New York. 
 
 A. B. GUIGON, 
 Attorney and. CotJ.nselor at Law. 
 
 911 East Main St., Richmond, ,Va. 
 NOTARY PUBLIC. 
 
 WM. H. SANDS. GEORGE BRYAN. 
 
 SANDS & BRYAN, 
 
 ATTORNEYS AT LAW, 
 
 Goddin Hall, Cor, Eleventh and Bank Streets, 
 RICHMOND, VA. 
 
 W. W. CAMPBELL, 
 
 Attorney at Law and Notary Public. 
 
 Careful attention given to Collections, and prompt remittances 
 made. Depositions, affidavits, and acknowledgments taken when de- 
 sired. 
 
 Address Farmington or Fairmount, 
 
 Marion Co, West Va.
 
 xxvi APPENDIX. 
 
 WEST VIRGINIA— WISCONSIN. 
 
 M. H. DENT, 
 
 Attorney at Law, 
 
 Main Street, Grafton, W. Va. 
 
 W. E. KEELEY, 
 ATTORNKY AT IvA.W, 
 
 REAL ESTATE AND COLLECTION AGENT. 
 
 COLLECTIONS A SPECIALTY. 
 Will practice in all Courts of this State, 
 
 Beaver Dam, Dodge Co., Wisconsin. 
 
 A. G. WEISSERT, , 
 
 Attorney and Counselor at Law 
 
 Offices^ 6 and j : No. loy Wisconsin Street, 
 
 MII^^WAUKKB, IfVISCOIVSIN. 
 
 Practices in State and Federal Courts. 
 
 Prompt attention given to Collections and Commercial Litigation 
 
 throughout Wisconsin. 
 
 rbfbr£:kcbs. 
 
 National Exchange Bank, Milwaukee, Wis. ; Hon. Wm. P. Lyon, Justice 
 Suprenie Court, Madison, Wis. ; Tweedy Bros , Bankers, Wall .Street, New York 
 City, and Milwaukee, Wis.; Henry Martin, President Manufacturers' and Traders' 
 Bank, Buffalo, N. Y. ; Boston Merchants' Association, Boston Mass., and National Law 
 and Collection Association, Philadelphia, Pa. Will furnish references in any promi- 
 nent town or city on request.
 
 APPENDIX. 
 
 AV ASHINQTON TERRITORY— WYOMING— CAN ADA . 
 
 EDGAR LEMMAN, 
 ATTORNEY AND COUNSELOR AT LAW, 
 
 WALLA WALLA, W. T. 
 
 References. — Baker & Boyer's Bank, H. Dusenbery & Co., merchants; Daniel 
 Stewart, r. M, 
 
 M. C. BROWN. J. W. BLAKE. C. P. ARNOLD. 
 
 BROWN, BLAKE & ARNOLD, 
 
 ATTORNEYS AT LAW 
 
 LARAMIE, WYO. 
 
 JAMES CRANKSHAW, B. C. L., 
 Advocate, Barrister, Solicitor, Attorney, 
 
 COMMISSIONER FOR ONTARIO. 
 
 FORESTRY CHAMBERS, 132 ST. JAMES STREET, 
 MONTREAL, CANADA. 
 
 Formerly of Manchester, England. Bankers— Bank of Montreal. 
 
 J. BALDWIN HANDS, 
 Barrister, Solicitor, Notary Public, etc. 
 
 Offices: 16 King Street, East, 
 Telephone 1433. TORONTO, CANADA. 
 
 1
 
 APPENDIX. 
 
 CANADA— ILLINOIS— ALABAMA— PENNSYLVANIA. 
 R. D. McGIBBON. ALFRED B. MAJOR. 
 
 QM McGIBBON & MAJOR, 
 
 BARRISTERS, AdVOCATKS, &C. 
 
 standard Bulldinsr, 157 St. James Street, 
 
 MONTREAL. 
 
 Solicitors for Merchants' Bank of Halifax, Montreal. 
 
 GRATTY BROS., FULLER & GALLUP. 
 
 Commercial Law and Collections, 
 
 PBORIA, IIvI^. 
 
 H. C. BULLOCK, 
 
 ATTORNEY AT LAW, 
 
 No. 16 So. Perry Square, 
 
 MONTGOMERY, ALA. 
 
 All business promptly attended to in all the State and United States 
 courts, at Montgomery and adjoining counties, and other parts of the 
 State. Collections promptly made and returned. 
 
 WILLIAM A. STEPHENS, 
 
 Public Accotjnant 
 
 No. 520 'WAIvNUX SXREET, 
 
 Room 12, 
 
 PHILADELPHIA. 
 
 Referknces:— Hon. Micluiel Arnold, Hon. Richard Vaux, Furman Sheppard, 
 Esq., Lemuel Coffin, Esq., Atwood Smith Esq., Thos. May Peirce, Esq., President 
 Peirce Business College; A. K. McClure, Editor Phila. Times; B. B. Comfgys, Esq. 
 President Phila. National Bank; Daniel B. Cummins, Esq., President (Tirard Nat. 
 Bank ; Stephen A. Caldwell, Esq., President Fidelity Trust and Safe Deposit Co.; 
 Thomas Cochran, Esq., President Guarantee Trust and Safe Deposit Co.
 
 APPENDIX. xxix 
 
 PENNSYLVANIA — INDIANA. 
 
 PEARSON CHURCH, 
 
 Late President Judge 30th Judicial District. 
 
 MEADVILLE, PA., 
 
 Having vosunied the practice of the lAAV -will attend to all i)rofe?- 
 f*ioual business in the District Courts of Crawford and adjoining 
 counties, in the ISupreiue Court and in tlic Courts of the United States. 
 
 George B. Chamberlin, 
 
 N. W. Corner Third and Main Streets, 
 
 La Fayette, Ind., 
 
 Lawyer and Mercantile Agency Manager. 
 
 Commercial Collections and Probate Business a Specialty. 
 
 Collections Made in all Parts of the World. 
 
 Competent and experienced men ready at all times to take the road to 
 give personal attention to claims. 
 
 Over 100,000 special detailed reports on merchants within a radius 
 of two huiuh'ed miles of Ija Fayette, Ind., on hie, revised to latest date 
 and furnished upon api)lication. 1 do tlie largest commercial collection 
 business in Indiana. 
 
 First-Class References in all Commercial Centers. 
 
 Notary Public in Othce. Depositions Carefully Taken- 
 
 Sole Manager for sale of Hill's Copyrighted Legal Chart 
 for United States. 
 
 r
 
 XXX . APPENDIX. 
 
 new york — iowa — pennsylvania — massachusetts. 
 Charles Howson. Henry Howson. Hubert Howson. 
 
 ESTABLISHED 1853. 
 
 HOWSON & HOWSON, 
 
 Counsellors at Law. Solicitors of Patents. 
 
 Philadelphia Off ices: 119 South Fourth St. 
 New York: Potter Building, 38 Park Row. 
 Washington, D. C. ; 915 F Street. 
 
 JOHN S. RUNNELLS. FOSHAY WALKER. 
 
 RUNNELLS & WALKER, 
 
 LAWYERS. 
 
 Equitable Building, DBS MOINES, IOWA. 
 
 Practice in all the Federal and State Courts. General Practitionei's. 
 
 Commercial Law and Collections. Real Estate Litigation, 
 
 Settlement of Estates. Railroad and Corporation Law. 
 
 References:— Citizens' National Bank, Iowa National Bank, both of Des Moines; 
 W. H. Blodgett, General Solicitor, Wabash, St. Louis and Paciflc Railway Company, 
 St. Louis, Mo. ; George H. Fearsons, General Attorney for Western Union Telegraph 
 Company, New York. 
 
 S. H. BRINTZINGHOFFER, 
 
 ACCOUNTANT, 
 
 NO. 935 MARKET ST., PHILADELPHIA. 
 
 Copying neatly executed. Books opened, examined and closed for 
 firms, corporations and individuals. 
 
 JOHN L. BATES, 
 
 ATTORNEY AND COUNSELOR AT LAW. 
 
 113 Devonshire Street, Room 41, 
 
 Boston, Mass. 
 
 i
 
 APPENDIX. 
 
 MARYLAND. 
 
 BAKER JOHNSON, 
 
 Attorney and Counselor at Law, 
 Emcrirau ^jFirc insurance (Tompaiiij'^ liaiiiltiing, 
 
 No. 6 SOUTH STREET, 
 BALTIlflORE, MI). 
 
 SPECIAL ATTENTION TO MERCANTILE LAW AND 
 INSURANCE LITIGATION. 
 
 REFERENCES. 
 
 Edw. D. Onion, Coal and Wood, Baltimore. 
 
 Wm. O. Towson, House Furnishing, Baltimore. 
 
 W M. L. Stork, Manager JEtna Life Ins. Co. for Maryland and D 
 
 C, Baltimore. 
 Stork & Cook, Real Estate, Baltimore. 
 
 Charles W. Ross, President Central ]S"at Bank, Frederick, ]Md. 
 R. H. Stokes, Cashier ^lont. Co. Nat. Bank, Rockville, Md. 
 Francis Henderson, Sec. United Security Co., Tenth and Chestnut 
 
 Sts., Philadelphia. 
 National Law and Collection Association, Philadelphia. 
 Jos. A. BoYER, (Boyer's Legal Directory), Philadelphia. 
 Crawford & Dallas, Attorneys at Law, Philadelphia. 
 F. A. HoYT & Co., Merchant Tailors, Philadel])hia. 
 Hon. John M. Scott, Representative 8th District, Pennsylvania 
 
 Legislature, Philadelphia. 
 Wm. R. Crawford, Manufacturer, Fairhill St. above Lehigh Avenue, 
 
 Philadelphia. 
 J. II. HuBi'.ELL & Co., (Huhbell's Directory), New York. 
 Halp.on & ]\IiLLARD, Attorneys at Law, New York. 
 Hector i\[. Hildings, Attorney at Law, New York. 
 Wi\i. INI. Meredith, Attorney at Law, New York. 
 A. Kimball, Ex-Vice Pres't C, R. I. ct P. Ry., Chicago. 
 Orris P. Cobb, Attorney at Law, Cincinnati. 
 Finches, Lynde &, Miller, Attorneys at Law, INIilwaukee, Wis. 
 Miller, Young & Miller, Attorneys at Law, ]Minneai)()lis, ^linn. 
 C. B. Palmer, Attorney at Law, St. Paul, Minn. 
 F. A. Berlin, Attorney at Law, San Francisco, Cal.
 
 APPENDIX. 
 
 PENNSYLVANIA . 
 
 Richard Cadbury, 
 
 Auditor and Expert Accountant, 
 
 308 WALNUT STREET. 
 
 Room 12, Third Floor. Philadelphia, 
 
 REFERS TO 
 
 J. LIVINGSTON ERRINGER, 
 President Philadelphia Trust, Safe Deposit and Insurance Company. 
 
 SAMUEL R. SHIPLEY, 
 President Provident Life and Trust Company. 
 
 COFFIN, ALTEMUS & CO. 
 220 Chestnut Street. 
 
 LEWIS BROTHERS & CO. 
 238 Chestnut Street. 
 
 JOSEPH B. TOWNSEND, 
 70U Walnut Street. 
 
 SAMUEL DICKSON, 
 32 South Third Street. 
 
 YARNALL & COOPER, 
 4 South Broad Street.
 
 I
 
 GEORGE L. SCHOFIELD. 
 
 DEALER IN 
 
 New and Second -Hai 
 
 MACHINERY, 
 
 Shafting 
 Pulley 
 
 Hangers 
 Beltin 
 
 No. 123 NORTH FRONT STREET, 
 
 PHILADELPHIA. 
 
 V- 
 
 LAW LIBRARY 
 
 UMVERSITY OF CALIFORNIA 
 LOS ANGELES
 
 5 
 
 3> 
 so 
 -< 
 
 ^•OFCAIIFO/?^ ^OFCAL(FO% 
 
 
 
 <rjl30NVS01^^ "^AiigAINH 
 
 
 <^^UEUNIVERV4 
 
 ^lOSANCElfj> 
 
 %ojn 
 
 4-OFCA 
 
 ^sNHIBRA^Or^ ^nMIIBRAH 
 
 ^^/sm\H 
 
 
 ^■OFCAll 
 
 ^^omm 
 
 UNIVERSITY OF CALIFORNIA LIBRARY 
 
 ' 1 
 
 Los Angeles ' 
 
 This book is DUE on the last date stamped below. * 
 
 :mz 
 
 
 1 
 
 I SEP 1 5 1983 
 
 i 
 
 
 [ 
 
 1 
 
 ' SEP 2 8 1983 
 
 J 
 t 
 
 i 
 
 ■ 
 
 1 
 1 
 
 • 
 
 ■ 
 
 1 
 t 
 
 Form L9-Series 4939 
 
 
 
 >:lOSANCFlfj> 
 
 -< 
 
 <^tlIBRARY6>/- ^vN^llBRARYQ^ 
 
 AMEUNIVER5-//,
 
 irjivj 
 
 llOIIVJ 3\J ■ 
 
 •'J ijjm^ui 
 
 )U]/\iiiii ]n 
 
 
 •sis'' 
 
 i 2 
 
 5 % ^\'V E 
 
 \^ ^0Kwm\'^ 
 
 ,^WEl'NIVER5■/, 
 
 c urn r ^ 
 
 
 AA 000 889 085 7 
 
 
 ^lOSANCflfX^ 
 
 "^/^aMiNajwv 
 
 4>,SlllBRARY6k. #ilBR/' 
 
 ^<vojnv3jo 
 
 odnvDJo"^ 
 
 AWEONIVERy//) 
 
 <ril30NVS0V 
 
 OSANCElfj> 
 
 
 
 .OFCAIIFO/?^ ^OFCAllFOff^ 
 
 ^OAavaaiH^J^ '^OAavaan-^^' 
 
 ^^WEUNIVER% ^ 
 
 '<rji]ONVSOi^ 
 
 
 p, 
 
 ^ '^(tfOJllVDJO'^ 
 
 \\\£UNIVER5//, 
 
 
 s^lOSANCElfj^ 
 o 
 
 "^/^HBAINn 3WV 
 
 
 ^<!/OJIW^ -"^ 
 
 CALIFO/?^ 
 
 rfi 
 
 lan-^^ ^(jAavaani^ 
 
 ,\WEUNIVER% .vWSANCElfx^ ^OFCAIIfO/?^ 
 
 ^TiuoNvsoi^ "^/^aaAiNfiiuv 
 
 ^^Aavaaii-^N^^ 
 
 VERy/^ v;^lOSANCElfXy> 
 
 "^/Sa^AINH JUV" 
 
 ^ILIBRARYQ^ -5^UIBRARY6>/^ 
 
 ^<tfOjnv3JO'^ 
 
 ^<!/0JnV3JO>^ 
 
 ^'rtEUNIVERS/A. 
 
 <ril30NVSO^^ 
 
 IVERy//v 
 
 o 
 
 ^ i 
 
 ■^Aa3AiNn 3wv^ 
 
 ^OFCAllFOi?^ ^OFCALIFO/?^ 
 
 ^(^Aavjian-^"^"^ ^^Aavaani^ 
 
 ^WE UNIVERS/A 
 
 <rji]ONvsoi^ 
 
 
 ^ 
 
 \\\E UNIVERJ-//, 
 
 o 
 
 ^ILlBKAKYOr ^