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by reason of being out of the State, claim may be presented any time before decree of distribution. Every claim which is due must be supported by affidavit of claimant, or some one in his behalf, that the amount is justly due, and that no payments have been made thereon which are not credited, and that there are no offsets to the same to the knowledge of affiant. If the claim be not due when presented, or be contingent, the particulars of such claim must be stated. When the affidavit is made by a person other than claimant he must set forth the reason why it is not made by claimant. The executor and administrator may also require satisfactory vouchers or proofs to be produced in support of the claim. If the claim be allowed by administrator it must be presented to the judge of probate for approval. If the claim be founded on a bond, bill, note or any other instrument, a copy of such instru ment must accompany the claim. If the claim or any part thereof be secured by a mortgage, or other lien, it shall be sufficient to describe the mortgage or lien and refer to the date, volume and page of its record. If a claim that is then due is rejected, holder must bring suit within three months from the date of its rejection; or, if the claim not due, suit must be brought within two months after maturity thereof, otherwise it is barred. Claims are payable: 1. Funeral expenses. 2. Expenses of last sickness. 3. All debts which were liens on property of descendant at the time of death. 4. All other demands against the estate. Preference given to liens extends only to the proceeds of property affected by such liens. If there be not sufficient assets to pay all debts of any one class, such assets shall be distributed among that class pro rata.

VII. COURTS:

There are Supreme, District and Justice of the Peace Courts. The Supreme Court has original jurisdiction to issue writs of mandamus, certiorari, prohibition, quo warranto and habeas corpus, and appellate jurisdiction only in other matters.

District Courts are courts of general jurisdiction over both civil and criminal matters, and over all probate matters as well. The State is divided into seven judicial districts. There are at least four terms of court in each county in the State every year. Justices of the peace have jurisdiction in civil matters, where the title to real estate is not involved and when the amount claimed is less than three hundred dollars.

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Conveyances of lands or any interest therein must be made by deed, and the same must be attested by at least one credible witness and acknowledged, or proved, and when so witnessed and acknowledged, or proved, and recorded in the recorder's office of the county in which the real estate is situate, it operates as notice to third persons. The proof or acknowledgment of every conveyance affecting real estate shall be taken, if within this State, by some judge or clerk of a court having a seal, a notary public, county recorder, a justice of the peace of the county where the conveyance is executed and to be recorded; if without this State and within any state or territory of the United States, by some judge or clerk of any court of the United States, a notary public, or a commissioner appointed by the Governor of this State for that purpose; if without the United States by some judge or clerk of any court of any state, kingdom or empire having a seal, or any notary public therein, or any minister, commissioner or consul of the United States appointed to reside therein. It is not necessary for husband to join with wife in conveyance of her separate real estate.

X. DEPOSITIONS:

The testimony of a witness in this State may be taken by deposition at any time after the service of summons or appearance of defendant, and in a special proceeding, after a question of fact has arisen therein, in the following cases: 1. When witness is a party to the action, or person for whose immediate benefit the action is prosecuted or defended. 2. When witness resides out of the district,

when the action is pending in the District Court, and out of the county, in either case in which his testimony is to be used. 3. When the witness is about to leave the district or county where the action is to be tried and will probably be absent when the testimony is required. 4. When the witness is too infirm to attend the trial. 5. When testimony is required upon a motion or in any other case where an oral examination of the witness is not required. Such deposition may be taken before a judge or officer authorized to administer oaths on serving upon the adverse party previous notice of time and place of examination, together with a copy of affidavit showing that the case is within the above requirements.

XI. DESCENT:

The property both real and personal of one who dies without disposing of it by will, passes to the heirs of the intestate, as follows: 1. If no issue, to surviving husband or wife wholly, but if child, in equal shares to the surviving husband or wife and child, or issue of such child; and if more than one child be living, or one child and the issue of deceased children, one-third to surviving husband or wife and remainder equally to said children and the issue of such deceased, by representation; but if there be no child of decedent living at his death the remainder goes to all of his lineal descendants, equally, if of equal degree of kindred to decedent, otherwise by representation. 2. In absence of surviving husband or wife, wholly to issue. 3. If no issue, one-half to surviving husband or wife and the other to decedent's father and mother equally, and if either be dead, the whole of said half goes to the other; but if none such, said half goes to brothers and sisters of the decedent, and descendants, by representation. 4. In absence of husband, wife or issue, to father and mother equally, or, if either be dead, then to the other. 5. Equally to brothers and sisters of decedent, and their descendants by representation. 6. To next of kin in equal degree, those claiming through nearest ancestor being preferred.

XII. EXECUTIONS:

Execution may issue at any time within five years after the rendition of judgment, and, if out of the District Court, must be directed to the sheriff of the county in which the writ is to be executed. It must be against the property of the judgment debtor and must require the officer to satisfy the judgment with interest out of the personal property of such debtor; or, if sufficient personal property cannot be found, then out of the real property of the defendant; or, if judgment be a lien upon real property belonging to him on the day when the judgment was docketed, or at any time thereafter. It may be made returnable at any time not less than ten nor more than sixty days after issuance.

XIII. EXEMPTIONS:

The following property is exempt from execution, except from the purchase price thereof, or from the foreclosure of mortgage or other specific lien thereon, viz.: Chairs, tables, desks and books to the value of two hundred dollars; necessary household furniture to the value of three hundred dollars; sewing machine, pictures, provisions, actually provided sufficient for three months; two cows with calves, and two hogs and all sucking pigs; all wearing apparel, beds and bedding; farming utensils not exceeding three hundred dollars in value; also two oxen, horses or mules, harness, one cart or wagon, and food for such oxen, cows or mules for sixty days; all seed grain. or vegetables actually provided, reserved, or on hand for planting or sowing within the ensuing six months of the value of two hundred dollars; tools, tool-chest and implements of mechanic of the value of five hundred dollars; besides instruments, libraries and office furniture of physicians, attorneys, judges, ministers and other professional men; the cabin or dwelling of a miner of value not to exceed five hundred dollars, and also his sluices, pipes, hose, windlass, derrick, cars, pumps, and tools not exceed ing in value two hundred dollars; two oxen, two horses or two mules, harness, cart or wagon, dray or truck, by use of which drayman, truckman, huckster, peddler, hackman. teamster or other laborer habitually earns his living: one horse, vehicle and harness, or other equipments, used by a physician, surgeon or minister in making his professional visits, with food for such horse for three months; onehalf of earnings of judgment debtor for personal services rendered at any time within sixty days next preceding the levy of execution or attachment, when it appears that such earnings are necessary for the use of his family; all moneys, benefits, privileges, or immunities accruing out of any life insurance on the life of debtor, if the annual premiums paid do not exceed five hundred dollars; all arms, ammunition, uniforms and accoutrements, required by law to be kept by any person; and all courthouses. jails, public offices and buildings, schoolhouses, houses of worship and grounds and property appertaining thereto. XIV. HOMESTEAD:

If the debtor be the head of a family there is exempt a homestead to be selected by the debtor consisting of lands, together with improvements thereon, not exceeding in value the sum of one thousand dollars for the judgment

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Judgments may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants. In an action against several defendants, the court may, in its discretion, render judgment against one or more, leaving action to proceed against the others, whenever a special judgment is proper. Judgment is barred after the lapse of five years and cannot be revived by scire facias, but suit should be brought within the limitation. Except in case of recovery of money, judgments may be enforced after five years from entry, by leave, on motion, or by judgment for the purpose founded on supplemental pleadings. Judgment of the District Courts becomes a lien from the time it is docketed, upon all the real property of the judgment debtor not exempt from execution in the district, and such lien continues from three to five years. Judgments of justices become liens upon real estate the same as judgments of the District Courts upon the filing of abstract of such judgment and docketing the same in the District Court.

XVII. LIENS:

Liens are secured to mechanics and others, including all persons of every class performing labor upon, or furnishing material to be used in constructions, alteration, addition to, or repair of any building, bridge, ditch, flume, aqueduct, tunnel, fence, railroad, wagon road, or other structure or improvement upon land; and architects, engineers and artisans, who have furnished designs, plats, maps, specifications, drawings, estimates of costs, surveys, or superintendence are likewise granted a lien upon the property upon which they have rendered service, performed labor, or furnished materials, whether at the instance of the owner, or his agent, or a contractor. The lien attaches to such interest as the owner or lessee may have in the real estate, and extends to the entire contract price; and payment made to the principal contractor before commencing the work, or prior indebtedness of the said contractor to the owner, cannot defeat sub-contractor's lien unless written notice thereof is posted and kept posted upon the structure. The original contractor must file his notice of lien in statutory form, with the county recorder for record, within sixty days after the completion of his contract, and every other person claiming the benefit of the lien act must file his notice of lien for record within forty days after furnishing the last material or performing the last labor. Liens may be enforced by action at any time within twelve months after the completion of the original contract, cr the suspension of work thereunder for a period of thirty days.

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The provisions of the law also apply to person who shall do work or furnish material for the working, preservation or development of any mine, lode, or mining claim. cept on leased mines the lien extends only to the leasehold interest and to ores, etc., mined and excavated by the lessees. All foundrymen, boiler-makers, and all persons performing labor or furnishing machinery or boilers or castings or other materials for constructing or repairing or carrying on work of any mill, manufactory, or hoisting works, have a lien on such structure; but the act does not apply to any public structure or improvement. XVIII. LIMITATIONS:

No action for the recovery of real property or the possession thereof shall be maintained unless it appears that plaintiff, his ancestor, grantor, or predecessor, was seized or possessed of the premises in question within seven years before the commencement of such action, and such seizing is necessary in actions arising out of title to or rent of real property. In every action for the recovery of real property or the possession thereof, a person establishing legal title is presumed to have been possessed thereof within the time required by law, and occupation by any other person shall be deemed to have been under and in subordination to the legal title, unless that it appear that the property has been held and possessed adversely to such legal title for seven years before commencement of the action.

The periods prescribed for the commencement of actions other than for real property are for: Actions upon a judgment or decree of a court of the United States or of any state or territory therein, for the mesne profits of real property, five years. For actions upon any contract. obligation or liability founded upon an instrument of writing, except as above, four years. For actions for liability created upon the statute other than a penalty or forfeiture; for trespass upon real property: for taking, detaining or injuring, including actions for the specific recovery of property, and for relief on the ground of fraud or mistake, three years; the cause of action in such case not be deemed to have accrued until the dis

covery by the aggrieved party, of the facts constituting the fraud or mistake. For actions upon a contract or liability not founded upon, an instrument of writing; upon an open account for goods, wares and merchandise, in which case action may be commenced at any time within two years after the last charge is made, or the last payment received; against a marshal, sheriff, coroner or constable upon a liability incurred by doing an act in official capacity or by omission of official duty; and to recover damages for the death of one caused by the wrongful act or neglect of another, two years. For actions upon a statute for a penalty or forfeiture; upon a statute, or an undertaking in a criminal action for a forfeiture or penalty to the people of the State; for libel, slander, assault, battery, false imprisonment or seduction; against a marshal, sheriff or other officer for the escape of a prisoner; against a municipal corporation for damages to property caused by mob or riot, one year. For actions against an officer, or officers de facto; to recover any goods seized by such officer in his official capacity, as tax collector, or to recover value thereof, or damages for making any such seizure; for money paid such officer under protest or seized by such officer in his official capacity as collector of taxes, six months. Actions on claims against a county which have been rejected by the County Court must be commenced within one year after the first rejection thereof. If the defendant be absent from the State the statute does not run until his return. There are no limitations against actions to recover money or other prop-. erty deposited with banks, bankers, trust companies, savings or other loan societies.

XIX. MARRIED WOMEN:

All property belonging to any married woman at the time of her marriage or to which she subsequently becomes entitled in her own right, with the rents and profits thereof, is her separate property, and may be managed, sold or disposed of by her as if a femme sole.

XX. MORTGAGES:

Mortgages on real estate are executed the same as deeds. There is but one action for the recovery of any debt secured by mortgage, which action is by a bill of foreclosure in the District Court, in the county in which the land is situate. Wife must join in the execution of a mortgage, except that for purchase money. The short form mortgage as prescribed by statute may be used. There is six months' redemption from all sales under foreclosure of mortgage, which right of redemption may be exercised by the judgment debtor or a creditor having a subsequent lien by judgment or mortgage on the whole or some part of the property sold.

A chattel mortgage is not good as against third persons, unless possession of property be delivered to and retained by the mortgagee, or unless the mortgage provide that the property may remain in the possession of the mortgagor and be accompanied by an affidavit of the parties thereto; or, in case of absence of a party, that the same is made in good faith to secure the amount named therein and without any design to hinder or delay the creditors of the mortgagor. Every such mortgage must be witnessed, acknowledged by the mortgagor or person executing the same and be filed for record in the office of the recorder of the county where the mortgagor resides, or, in case he is a non-resident of this State, then in the office of the recorder of each and every county where the property may be at the time of the execution of the mortgage. Any such mortgage, duly verified. acknowledged and filed as aforesaid, if made in good faith, shall be good and valid as against third parties, from the time it is so filed for record until the maturity of the entire debt, or obligation, for the security of which the same was given and for ninety days thereafter, provided the entire time shall not exceed fifteen months. Chattel mortgages are foreclosed in the same manner as mortgages on real estate, except that it is lawful for the mortgagor to insert in his mortgage the usual clause of a deed of trust, of power to sell, given to trustee therein named or to the sheriff of the county wherein said property is situate, under such notice and advertisement and in such manner as is provided for the sale of personal property taken on execution.

Trust deeds are frequently used in this State instead of mortgages, and are executed in the same manner. They are in the usual form, with power of sale in trust deed. If foreclosed in the manner therein provided, by advertisement and sale by trustee, there is no redemption; and if foreclosed in court in the same manner that mortgages are foreclosed there is the same redemption as in sales under mortgage foreclosures.

XXI. NOTES AND BILLS:

The statute upon this Days of grace are not allowed. subject follows the law merchant. When a note or bill by its terms becomes due on a holiday it is payable on the next day preceding, except when such preceding day is also a holiday; in the latter case such note shall become due on the next succeeding business day. The maturity of a bill of exchange, payable at sight or on demand is, if it bear interest, one year after its date: if it does not bear interest, ten days after its date, in addition to the neces

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sary time required in forwarding it for acceptance. The
maturity of a promissory note payable at sight or on de-
mand is, if it bear interest, one year from its date; if it
does not bear interest, six months from its date.
XXII. TAXES:

All property is assessed for taxation as owned and
valued on the first day of March of each year.
school and county taxes become due and payable on the
first of September, annually, and become delinquent on
the first of October succeeding. Real estate sold for taxes
All State,
may be redeemed at any time within two years by any
person interested therein by paying into the county treas-
ury for the use of the purchaser, the amount paid by the
purchaser and all costs and one and one-half per cent in-
terest per month on the whole from the date of sale to
date of redemption and all taxes subsequently paid by the
purchaser.
chaser at such tax sale is entitled to a tax deed for the
If no redemption within two years the pur-
property purchased by him.

XXIII.

WILLS:

Every person over eighteen years of age may dispose of his property by will. her separate property by will as if she were sole. A married woman may dispose of must be in writing, subscribed by the testator at the end thereof in the presence of two witnesses, to whom the testator must at the time of subscribing declare the instruWills ment to be his will; and must be attested by such witnesses, each of whom must sign his name at the end of the will, in the presence of the testator and of each other. All wills executed according to the law of the state or country where made or where testator was at the time domiciled, or in conformity to the laws of Utah, may be admitted to probate here after being duly approved and allowed in any other territory, state or foreign country.

CORPORATIONS.

I. CONSTITUTIONAL PROVISIONS: Corporations may be formed under the general laws, but shall not be created by special acts. The Legislature shall charter, nor remit the forfeiture of any franchise or not extend charter of any corporation now existing, or which shall any franchise or hereafter exist, under the laws of this State.

The stock of corporations shall not be increased, except in pursuance of general law, nor shall the law authorize the increase of stock without the consent of the person or persons holding the larger amount in value of the stock. No law shall be passed granting the right to construct and operate electric light plant within any city or incorporated town a street railroad, telegraph, telephone or without the consent of the local authorities therein.

No corporation shall do business in this State, without having one or more places of business, with an authorized agent or agents, upon whom process may be served; nor without first filing a certified copy of its articles of incorporation with the Secretary of State.

No corporation shall engage in any business other than that expressly authorized in its charter, or articles of incorporation.

The stockholders of a banking corporation are liable for the amount of their stock subscribed, and for an additional amount, equal to the amount of their stock in such corporation, for all its debts and liabilities of every kind.

II. ORGANIZATION:

Any number of persons, not less than five, one-third of whom are residents of this State, may associate themselves together and become incorporated, under a general act, for establishing and conducting any mining, manufacturing, commercial, or other industrial pursuit; for the purpose of conducting the business of loan, investment, trust or guarantee associations; for the construction or operation of wagon roads, or irrigating ditches; for the colonization and improvement of lands; for the establishment and maintenance of colleges, seminaries, churches, libraries, or any benevolent, charitable or scientific associations, or for any rightful subjects consistent with the constitution and laws of the United States, and of the State.

They shall enter into a written agreement, signed by each of them, and acknowledged by at least three of them before a notary public of locate their principal place of business. the county must state: 1. The precinct or city. 2. The name of the in which they association. Such agreement residence written in full. 3. The incorporators' names and places of which shall not in any case be less than three nor more 4. The time of its duration, than fifty years. 5. The pursuit or business agreed upon, specifying it in general terms. business. scribed, the amount of each share, and the limit of 7. The amount of stock each party has sub6. The place of its general capital stock agreed upon. officers for the association, with their qualifications and 8. The number and kind of term of office, and the time and manner of their election, removal and resignation; how many of the entire board of directors or trustees shall be necessary to form a quorum and be authorized to transact the business and

exercise the corporate powers Whether the private property of the stockholders shall be liable for its obligations or not, of the corporation. 9. clauses as are deemed necessary for the conducting of the business and its future safety and welfare. To this there with such additional shall be added the oath or affirmation of three or more of their number to the effect that they have commenced, or it is bona fide their intention to commence, and carry on the business mentioned in the agreement, and that the affiants verily believe that each party to the agreement has paid or is able to and will pay the amount of his stock subscribed for; provided that said acknowledgment shall not be made until ten per cent of the stock subscribed by each shareholder has been paid in; but when subscriptions to capital stock are paid in other than money, the fact shall be so stated, and the kind of property, with a description thereof, specified in the articles of agreement. The agreement with the oath or affirmation shall be deposited with the county clerk within ten days after due execution, and recorded by him. The officers must, before entering upon their duties, take and subscribe an oath of office, and enter into bonds that they will discharge the duties of such office to the best of their judgment, and that they will not do nor consent to the doing of any matter or thing relating to the business of the association with intent to defraud any stockholder, or creditor, or the public, which oath and bond shall be filed in the same office. Whereupon the county clerk shall issue, under the seal of his court, a certificate to the effect that the agree ment and oath, and the oath of office and bonds have been filed in his office, which certificate, with a copy of the articles of agreement and oath, certified by him, must be filed in the office of the Secretary of State, who shall issue, under seal of the State, a certificate to that fact; and these proceedings and certificate shall be sufficient to constitute the association a body corporate with succession; and the latter certificate, or a certified copy thereof, shall be evidence of the due incorporation.

III. POWERS:

Corporations so created are authorized to exercise the usual powers of business corporations, use a common seal, to buy, hold or sell such real estate as may be necessary to their business or to collect debts, to make by-laws and to increase or diminish the capital stock by formal proceedings. Corporations have also the right to own and the power to buy and sell real estate as a business to the extent of the limitation imposed by Congress.

IV. TAXATION:

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The property of all corporations for pecuniary profit is subject to taxation, the same Shares of stock in corporations are not taxable when the property of the corporation is taxable. that of individuals.

V. SPECIAL PROVISIONS:

There are special provisions for banking, domestic, railroad, telegraph, telephone, insurance, irrigation, loan, trust and guarantee associations, and building and loan associations.

VI. FOREIGN CORPORATIONS:

Foreign corporations may enter into business in this State, but all such corporations are required within sixty days to file with the Secretary of State, and also with the clerk of the county wherein the principal office in the State is situated, certified copies of the articles and bylaws, and a certificate of incorporation; and in case of alteration and amendment of said articles or by-laws thereafter, shall file certified copies of such alteration or amendment with each of said officers, within thirty days after their adoption.

Such corporation shall also, within sixty days after commencing business, designate some person, residing in the county in which its principal place of business in the State is situated, upon whom process may be served, and shall file such designation with the county clerk and the Secretary of State. ply shall not be entitled to the benefits of the laws limitAny corporation failing so to ing the time for the commencement of civil actions.

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The locator may claim fifteen hundred feet along the vein or lode, and three hundred feet on each side of the middle of the vein or lode at the surface.

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The location shall be along the vein or lode, and it shall be distinctly marked on the ground so that its boundaries can be readily traced, and the record shall contain description by reference to some natural object or manent monument as will identify the claim. The notice of location must be recorded with the mining recorder of the mining district in which the claim is located: and if the claim is not located in an organized district, or if there is a vacancy in the office of the recorder of any mining district, then with the county recorder of the county in which such claim is located. made by deed as in the case of land. All transfers of mining claims are

II. ASSESSMENT WORK:

Assessment work to amount of one hundred dollars must be performed annually on lode claims.

III. RIGHT OF WAY:

The owner, locator or occupant of a mining claim may have and acquire a right of way over and across the lands or mining claims of others, whether patented or otherwise, for a road, tramway, railroad, ditch, canal, flume, water-pipe line, cut or tunnel in, upon, through and across such lands or claims. Such right may be secured by petition and hearing in the District Court, and on pay

ment of the damages assessed therein. The act contains a provision preventing injury to land through which such right of way passes; providing for the construction of safe crossings, etc., and for keeping same in good repair. IV. COAL MINES:

All coal mines in which more than ten men are employed in each twenty-four hours shall be provided with an escapement shaft, slope or tunnel for the purpose of securing the safe egress of workmen in case of danger. Punishment for failure to comply with this law is one thousand dollars fine, or one year in the penitentiary

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Letters testamentary are granted by Probate Courts. Letters of administration are granted: 1. To the widow or next of kin, or to both, or to such persons as they may request. 2. If widow or next of kin, or persons selected by them are incompetent, or if the widow or next of kin neglects for thirty days after the death of the deceased to apply for administration, letters may be granted to one or more of the principal creditors, and in case no creditor accepts, then letters may be granted to such person as Probate Court may select.

III. AFFIDAVITS:

May be made before any officer authorized to administer oaths, as justice of the peace, notary public, master in chancery, judge of County or Supreme Court, or commissioner appointed by the Governor in other states and foreign countries, and in case of affidavit to chattel mortgage, a town clerk to whose office the mortgage is returnable.

IV. ALIENS:

Are not expressly prohibited holding real estate, either by the laws or constitution; no forfeiture or escheat of lands owned by aliens. War between United States and foreign countries suspends the running of the statute of limitations in favor of aliens.

V. APPEALS:

From judgments of justices of the peace and municipal Courts to County Courts must be taken within two hours, and from Probate Court within twenty days. Exceptions from decisions of the County and Municipal Courts, on questions of law, must be filed within thirty days, but 16

writs of error may be brought within one year. Appeals from judgments of justices of the peace are not ordinarily allowable in suits where the ad damnum does not exceed twenty dollars and in actions on notes and accounts stated not exceeding forty dollars, except when the party makes affidavit that he has a good defense. Appeals from justices of Municipal Courts must be entered with the clerk of the latter within twenty-one days.

VI. ARREST:

May be made in actions of tort; when the defendant holds the plaintiff's money in a fiduciary capacity, and in actions founded on contracts, when the plaintiff makes an affidavit that he believes 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 enough to pay the debt. Upon proof that the defendant is not about to abscond, and has not property in the amount above stated, said defendant may take the poor debtor's oath and be discharged from arrest.

VII. ASSIGNMENTS:

May be made for the benefit of all creditors alike, with no preference, if made in accordarce with the statutory provisions, to a disinterested assignee. If statutory provisions are not complied with, the property may be subject to attachment or trustee process at the suit of creditors, whether in the hands of the assignee or not. Special assignment of the entire debt may be made on proper consideration, either orally or in writing, but if of a part of a debt it is not binding without acceptance. VIII. ATTACHMENT:

Of real and personal property is allowable on mesne process, and holds good on personal property for thirty days, and on real property for five months, after final judgment. Attachment of personal property may be made by lodging a copy of the writ and officer's return in the town clerk's office. All personal property is attachable for purchase money.

IX. DEEDS:

Must be signed and sealed with a wafer or some cohesive matter in the presence of two witnesses, and must be acknowledged before a notary public, justice of the peace, master in chancery, or town clerk to whose office the paper is returnable. Acknowledgments without the State may be made before any officer authorized by such state to take acknowledgment, or by commissioner appointed by the Governor of this State. The separate acknowledgment or private examination of the wife is not required.

X. DEPOSITIONS:

May be taken when the witness resides more than thirty miles from the place of trial; when he is going out of the State not to return before trial; when he is not a resident of the State; and when, by reason of sickness or infirmity, he is unable to attend court. Depositions may be taken before a notary public, justice of the peace and master in chancery; or, if out of the State, by any officer there authorized to take depositions. The statutes give the forms for the citation, certificate and caption.

XI. DESCENT:

The widow is entitled to her personal apparel and ornaments, and such other part of the personal estate as may be assigned to her, being not less than one-third thereof; and the whole may be assigned to her if the estate does not exceed three hundred dollars. The residue, if there is more than three hundred dollars in value, is distributed the same as the real estate.

Of the real estate the widow has one-third as dower. If the husband leaves no issue, the widow is entitled to the whole of his estate if it does not exceed two thousand dollars in value. If it exceeds that sum, then the widow is entitled to two thousand dollars and one-half the remainder, and the remaining part of the estate shall descend in the same manner as the whole would if no widow survived. If the wife leaves no issue, husband has the same share as wife would have in his estate if he left no issue. If the deceased person leaves no issue, widow, nor father, his estate shall descend in equal shares to his

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brothers and sisters; and the mother, if living, takes the same share as a brother or sister. If the deceased leaves no issue or widow, the whole estate goes to the father; and, if none of the above named relatives survive, the estate descends 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 shall have died. The degrees of kindred are computed according to the rules of civil law, the kindred of half blood inheriting equally with those of the whole blood of equal degree. Illegitimate children inherit the estate of their mothers, and mothers that of such children.

XII. EXECUTIONS:

Personal property taken in execution is sold at public sale, and real estate is appraised and set off to satisfy 'the same.

XIII. EXEMPTIONS:

The law exempts a homestead to the amount of five hundred dollars, and numerous articles specified by statute.

XIV. GARNISHMENT:

In actions on contract the goods, effects or credits of the defendant in the hands of a third person may be attached if the debt on which the suit is based, and the goods, effects or credits so attached, exceed ten dollars. XV. INSOLVENCY:

An insolvent law was passed in 1876, and is now in force. It is very similar in its provisions to the United States bankrupt law. It, of course, has no extra territorial effect. Judges of Probate Courts are judges of the Courts of Insolvency, and the law provides for voluntary and involuntary bankruptcy. Preferences and attachments within four months are dissolved by the adjudication of insolvency. Discharges are not granted where the assets do not amount to thirty per cent of the debts proven unless a majority in number and amount of the creditors assent thereto.

XVI. INTEREST:

The legal rate is six per cent. The excess above six per cent when paid may be recovered back by the party paying it.

XVII. JUDGMENTS:

Do not of themselves create a lien upon property not attached upon mesne process.

XVIII. LIENS:

Upon personal property sold and delivered, may be retained until the purchase price is paid, providing a memorandum witnessing such lien sale is duly executed and recorded in the clerk's office and conditional of the city or town in which the purchaser resides, within thirty days after the delivery of the property, and not otherwise.

A corporation has a lien on the capital stock held by the stockholders and upon their property invested in the corporation for the debts due to it.

Persons performing labor or furnishing material in building, repairing, fitting or furnishing a ship, vessel or steamboat have a lien on the same for eight months, and may secure same by attachment, which shall have precedence of all other claims.

A person erecting, repairing, moving, or altering a building, or furnishing labor or materials therefor shall have a lien to secure payment therefor on such building and the land on which it stands, which lien continues in force three months, but does not take effect until a memorandum of the claim is recorded in the town clerk's office of the town where the real estate is situated. It does not avail sub-contractors and does not take precedence of any former mortgage or lien.

When a person or company is compelled to stop business by reason of attachment and does not resume in thirty days, and is indebted to an employe for wages, such employe has a preference to the amount of fifty dollars, and his attachment will take precedence of others to secure that amount. In insolvency his claim amount is preferred. to that

XIX. LIMITATIONS:

actions

Actions for recovery of lands, fifteen years: on contracts, accounts, notes, trespass on land, and all other actions for taking or injuring or detaining goods, six years; actions for assault and battery and false imprisonment, three years; actions for slanderous words and libels, two years.

XX. MARRIED WOMEN:

A married woman retains her real estate, and the rents. issues and products thereof, and her earnings are not subject to attachment on debts of the husband. She may make a will of her real and personal property, and may sell and dispose of her property, except that she cannot mortgage or convey real estate without the joining of her husband in the deed. A married woman carrying on business in her own name may sue or be sued.

XXI.

MORTGAGES:

Are allowed without change of possession of the property, if executed in accordance with the statute and recorded in the office of the clerk of the city or town where the mortgagor resides, or if the mortgagor is a non-resident, where the property is situated. The mortgagee, at any time after thirty days from the time at which the condition is broken, may cause the property to be sold at public sale, by an officer, in satisfaction of the mortgage debt.

XXII. NOTES AND BILLS:

Are governed ordinarily by the law merchant. Notes payable on demand are considered overdue after sixty days. No days of grace are allowed.

XXIII. TAXES:

Real estate may be sold for taxes, with right of redemption within one year from date.

Manufacturing establishments, quarries and mines when first opened, including buildings and machinery necessary for the prosecution of the business, may be exempt from taxation for five years by a majority vote of the legal voters of the town or city where the same is situated. XXIV. WILLS:

Must be signed by the testator and attested by three witnesses, who must subscribe as such, in the presence of and at the request of the testator, and in the presence of each other. A will made out of the State, which may be proved in the state where made, may be proved in this State. Wills must be recorded in the Probate Court and in the clerk's office in each town where real estate is in any wise affected by the will. No nuncupative will will pass personal estate when the estate thereby bequeathed exceeds two hundred dollars, nor be allowed unless a memorandum thereof is made in writing by a person present at the time of the making of such will, within six days from the making of it, nor unless presented to the Probate Court within six months after the death of the testator, but the common law rule applies to a soldier in actual military service, or mariner or seaman at sea in the disposal of his wages or other personal

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Articles of association, signed by at least five incorporators, are filed with the Secretary of State, and a certified copy thereof must be recorded in the office of the clerk in the town or city in which the principal office of said corporation is located.

Before a corporation commences business the president or clerk shall make a sworn certificate of the amount of capital stock actually paid in, and file it with the Secretary of State, and a certified copy thereof with the clerk of the town or city in which is the head office. provisions of filing a certified copy of the articles of asfailure to comply with these provisions, and the above A sociation subjects the president and directors to a personal liability for the debts of the corporation.

III. DIRECTORS:

The corporation is managed by not less than three directors, who must be stockholders, and two of them must reside in the State. They shall be elected annually. and one of their number shall be elected president, and they may fill any vacancy in their board occurring during the year. They shall appoint a clerk and treasurer. A majority of the directors shall be a quorum, and a majority represented at a meeting may transact the business of stockholders' meeting. Each share of stock is entitled to one vote.

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