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six hundred feet per minute, the number ascending and descending at any one time to be regulated by mine inspector.

All underground, self-acting or engine planes on which coal cars are drawn and persons travel shall be provided with proper means for signaling between the sloping places and the end of said planes, and sufficient places of refuge shall be provided at the sides of said planes, not more than sixty feet apart and to extend six feet at right angles from the rail. Such places of refuge are not required when a separate traveling road is provided for employes.

In all mines where coal is hoisted by steam power and there is no means of ingress or egress afforded to persons except by hoisting apparatus by way of shaft or slope, a steam pump conveniently situated, with a sufficient supply of water shall be maintained always ready for use in any part of the building or premises within fifty feet of said coal hoisting machinery. In case of failure to comply with this provision, the mine inspector shall proceed by injunction to close such mine.

All shafts, excavations and holes, whether used for mining or otherwise, must at all times be securely fenced. These requirements in relation to fencing may be enforced in statutory proceedings before a justice of the peace or in a Police Court.

All iron needles and iron tamping bars must be tipped with five inches of copper. Failure or neglect to comply herewith is punished by fine.

Stretchers for the purpose of removing injured persons shall be constantly kept at or near the mouth of all drifts, shafts or slopes.

All main doors in coal mines shall be so placed that whenever one door is open another having the same effect on the same current of air shall be and remain closed, and thus prevent any stoppage of the current.

The owner or operator of a mine shall keep a sufficient supply of lumber for all needed props, at or near the opening of the mine, and shall at all times send down the same when needed or demanded.

All boilers must be kept in good order and inspected once in six months by a competent person, and the result of the examination certified to the mine inspector. Every steam boiler must be furnished with steam gauge, water gauge and safety valves.

Competent, experienced and sober engineers and firemen, not less than eighteen years of age, must be employed. No boy under the age of fourteen years and no female shall be employed or permitted to be in the mine. When employer is in doubt about age, he must require a certificate from parents. No boy under twelve is to be employed in outside structures except clerks in office, etc. At all mines, printed rules, approved by the mining inspector, regulating the duties of persons employed, shall be kept posted in conspicuous places.

V. CONNECTING MINES:

When two or more mines are so located as to allow connection by permanent entries between, the right of way for such entry may be obtained in the manner provided by any law of eminent domain.

VI. MISDEMEANORS:

Any person who shall knowingly injure any water gauge, barometer, air course or brattice; or shall obstruct or throw open any airways; or carry any lighted lamp or matches into places worked by the light of safety lamps; or shall handle or disturb any part of the machinery of the hoisting engine; or open a door in the mine and not have the same closed again, whereby danger is produced either to person or property; or who shall enter any part of the mine against caution; who shall interfere with or attempt to interfere with any engineer, fireman or employe employed in or about such mine in the discharge of his duty or employment; or who shall disobey any order made in

pursuance

of the mining law of this State; or violate any of the rules established by said law; or who shall do any willful act whereby the health of any person working in any mine or mines is injured or endangered; or any act or acts endangering any mine or machinery therein, shall be deemed guilty of a misdemeanor, and upon conviction punished by fine of not more than two hundred nor less than fifty dollars, or by imprisonment in the county jail for a term not exceeding six months nor less than three months, or by both fine and imprisonment. VII. REPORTS, TAXES AND WEIGHTS:

All owners, etc., of coal mines shall keep accurate account of all coal used or sold from their mines, and deliver same to the mine inspector once in every three months, and shall send a certified copy of same to the State Treasurer.

Every ton of coal used or sold from any mine shall be taxed four mills, said amount to be paid into the State treasury quarterly, on the first day of January, April, July and October in each year.

All coal mined at bushel or ton rates must be weighed and credited to the mine before being screened, etc. The weighman of coal shall take an oath to do justice between employer and employe; and miners may employ at their own expense a check-weighman.

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There is no statutory regulation of assignments, except that no preferences may be made.

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Assignments are made in the form of deeds of trust to a trustee whose duties are fixed by the trust. If in any way this instrument hinders, delays or defrauds creditors, if debtor remains in possession of stock of goods it is void as to attaching creditors. Does not release debtor from unpaid balance of debts, unless such a provision is put in the deed of trust. If it is, and the creditors accept payments thereunder it would prevent them from proceeding against the debtor personally. Without the assent of the creditors in some form, the debtor is not discharged personally.

Preferences by insolvent debtors in favor of creditors, sureties or endorsers are made void, except that a transfer of bonds, notes, stocks, securities, or other evidences of debt, to pay a debt or secure an endorser, or as collateral security shall be valid. Such invalid preference by an insolvent debtor shall be valid unless a creditor bring a suit within one year after the transfer, or charge, to set it aside, and cause the property so transferred to be applied to the payment pro rata of all the debts of such debtor existing at the time of such transfer. But if such transfer is admitted to record within eight months after it is made, then such suit must be brought within four months after such transfer is admitted to record. But a transfer of bonds, notes, stocks, securities or other evidences of debt, to pay a debt, or as collateral security, is not affected by the statute.

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May be sued out on affidavit that defendant a foreign corporation or a non-resident of the State: has left State with intent to defraud creditors, or is about to do so; is removing, converting, or disposing of his property, or about to do so with like intent; has property which he conceals: or fraudulently contracted the debt. Such attachment may be sued out for a debt not due, except that if it be against a foreign corporation that ground alone will not be sufficient as to debt not due. Attach

ments in Circuit Court may be levied on real and personal property. If officer is to take possession of property bond must be given. If not, no bond need be given. But if no bond be given, the lien of the attachment may be defeated by the defendant by a sale of the property even though the purchaser is aware of the pendency of the suit. Before a justice a bond must be given under all circumstances. The lien of attachment dates from its

levy.

V. CLAIMS AGAINST ESTATES:

Executors and administrators are given a year in which to settle up the estate, or longer if necessary, to collect claims and otherwise adjust the business of the estate. They cannot be compelled to pay a claim against the estate or to make distribution of the assets until after the expiration of one year. Claims should be proven before an administrator by affidavit within the year. If the claim is disputed then a suit against the administrator to determine the right to recover will be necessary. All of the property, real and personal, is liable to the payment of debts, but subject to the widow's right of dower in the real estate. If the personal property is not sufficient to pay the debts, then suit may be brought against the real estate by the administrator. If the administrator fails for six months after his appointment to bring such suit, then any creditor may bring such suit.

VI. COURTS:

The Supreme Court of Appeals has jurisdiction of all appeals from the Circuit Courts of the different counties. No appeal can lie after two years from the date of judgment or order complained of, nor where less than one hundred dollars, exclusive of interest and costs, is in controversy.

Circuit Courts: The State is divided into thirteen circuits, with a circuit judge for each circuit. Three terms a year of the Circuit Court are held in each county, and the court has jurisdiction in all criminal matters and in all civil matters over fifty dollars. An appeal lies to this court from the judgments of justices where over fifteen dollars is in controversy. Sixty days is required to mature an ordinary action at law, but by a special statutory notice judgment may be had in thirty days.

Justices of the peace have jurisdiction where matters in controversy do not exceed three hundred dollars-exclusive of interest and costs. If no defense is made, judgment may be had at the end of five days from the service of the summons. If defendant swears he has a just defense he can obtain a continuance of one week.

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Deeds of trust are now almost universally used in place of mortgages, whether chattel or real. They may be so drawn as to fix the terms of sale and manner of giving notice, but if not so drawn thirty days' notice of the sale must be published. Sale will be made by the trustee upon the terms mentioned in the deed, or if such terms are not mentioned and the property be real estate, onethird down and balance in one and two years. Personal property will be sold for cash.

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of the State, or in certain cases out of the county, may be taken. Reasonable notice of the taking must be given the opposite party, but no commission is necessary. May be taken in or out of the State before a justice, notary public, commissioner in chancery, commissioner appointed by the Governor or by any officer authorized to take depositions in the state where they may be taken. If such depositions are taken out of the State the officer taking them must certify them under his official seal, and if he have none, then his signature must be authenticated by a clerk of a court of record under his official seal. X. DESCENT:

Real estate descends in the following order: To the children or descendants; next to the father, then to the mother, brothers and sisters: then one-half to the paternal and one-half to the maternal kindred as fixed by the statute. Persons of the half blood inherit only half as much as the whole blood.

Personal property passes in the same way as real estate except that if the intestate was a married woman and leave children surviving, the husband will take one-third, and if she leaves no children, he takes all. And if intestate leave a widow and children, she shall be entitled to one-third, and if he leave no children, she takes all. XI. EXECUTIONS:

May be issued by a justice any time within three years from date of judgment, or within three years from return of last execution. Must be issued from Circuit Court within two years from date of judgment, and thereafter within ten years from return day of last execution. May be levied on current money, bank notes and goods and chattels.

The lien of an execution levied relates to the time it went into the officer's hands. It is a lien on property which cannot be levied on, and the defendant may be summoned before a commissioner in chancery to answer interrogatories, disclose his property and turn it over to satisfy the execution. Defendant may give forthcoming bond for property levied on, and if bond is forfeited judgment must be obtained on it before proceeding further; but no forthcoming bond can be given on such a judgment.

On a judgment before a justice no forthcoming bond can be given, but within twenty days from the date of the judgment defendant may give a stay bond which stays execution on judgment not exceeding fifty dollars for two months; over fifty dollars and not exceeding one hundred dollars, for four months; and if over one hundred dollars, for six months.

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Two hundred dollars of personal property by any husband or parent, or widow, or infant children of deceased parent. The personal property exemption is obtained by filing a schedule of the property as provided by the statute with the officer having an execution or with the administrator of a decedent's estate as the case may be. One thousand dollars of real estate, but this real estate exemption does not apply as to any debt contracted before a declaration, claiming the property exempt, has been recorded in the clerk's office of the County Court, and this is very rarely done.

XIII. INTEREST AND USURY:

No greater rate than six per cent can be collected, but the contract for a greater rate only forfeits the excess of interest above six per cent.

XIV. JUDGMENTS:

Are enforced as to personal property by executions levied. On the real estate, the judgments of the Circuit Court are a lien from the first day of the term at which they are rendered, and as against purchasers may be docketed in the office of the County Court within sixty days from the time they are rendered. Judgments befor justices are not liens against purchasers until docketed Judgments are enforced against real estate by suits in chancery to sell or rent the real estate.

XV. LIENS:

There are no liens specially applying to a mining cor poration, or to miners, but every workman, laborer o other person who shall do or perform any work, or labo by virtue of any contract for any incorporation doin business in this State, shall have a lien for the value c such work or labor upon all the real estate and persona property of said company, and such lien shall have pr ority over any lien created by deed or otherwise on suc real estate or personal property, subsequent to the tim when the said labor was performed, but there shall no priority between the persons claiming such mechanic liens.

Such lien shall be discharged unless the person claimin it shall file with the clerk of the County Court of u county in which such work or labor was performed. in which the principal office, works, real estate or pe sonal property of the company is situated, a just and tr account of the amount due him after allowing all credit which account shall be sworn to by the claimant or som

one for him. But no such lien may be claimed for labor performed more than nine months before such lien was recorded.

In addition to the above, every mechanic, builder, artisan, workman, laborer or other person who shall perform any work or labor or furnish any material or machinery for constructing, altering, repairing or removing a house, mill, manufactory or other building, appurtenances, fixtures, bridge or other structure by virtue of a contract with the owner or his agent shall have a lien therefor on the interest of the owner in the property. Such lien will be lost unless an account duly sworn to as above is filed in the same manner, within sixty days from the time the last work was done or material furnished. Such liens will be lost unless suit is brought thereon within six months from the time the lien is recorded.

XVI. LIMITATIONS:

Action for the recovery of land must be brought within ten years. A note under seal made before April 1st, 1869, might be sued on within twenty years; and a note not under seal, of that date, might be sued on within five years. Notes made since that date, whether under seal or not, may be sued on within ten years of the time they fall due.

Store accounts must be sued on in three years. Accounts between merchants within five years from the time dealings cease. Any other contract within five years. In order to take the debt out of the statute, a new promise to pay must be in writing. A payment on the debt will not answer.

As to an action for the settlement of partnership accounts, or upon accounts concerning the trade of merchandise between merchant and merchant, an action may be brought until the expiration of five years from a cessation of the dealings in which they are interested together.

XVII. MARRIED WOMEN:

A married woman will not bind herself personally by a contract, but will charge all her separate property, real or personal; and may be sued at law just as if single. Her personal property may be sold on execution, and her real estate may be sold in chancery suit to enforce lien of judgment.

XVIII. MILLS:

A person having on his land or proposing to build on his land a water mill, or other machine, manufactory or engine useful to the public, and desiring to erect a dam across or in the water-course on which the same is situated, or to cut or enlarge a canal through lands above or below, or to raise a dam, may apply to the Circuit Court of the county for the appointment of five commissioners to ascertain a just compensation to the owners of the estate proposed to be taken. They shall give notice, hear evidence, and make report of their assessment of damages. Exceptions may be made to the report, and either party may demand a jury to ascertain the compensation. From such trial there may be an appeal as in all appealable civil cases. On payment to the parties entitled of the amounts ascertained the applicant by such judgment and payment will become.seized in fee simple of the lands proposed to be taken.

If work is not begun within one year and the mill completed for use within three years; or if the mill be destroyed, or become unfit for use, and the work of rebuilding be not commenced within two years, and completed within five years, then the title to the land shall revert to the former owner, his heirs and assigns.

XIX. MORTGAGES:

Chattel mortgages are valid, but deeds of trust are universally used instead of mortgages. (See "VIII. Deeds.")

Real estate mortgages are valid, but as to enforce them it is necessary to bring a suit in equity, deeds of trust are almost universally used instead of mortgages. (See "VIII. Deeds.")

XX. NOTES AND BILLS:

All bills and notes payable at a bank or place of discount and deposit are negotiable. Those not so payable are not negotiable. No days of grace. January 1st, February 22d. May 30th and July 4th are legal holidays. Negotiable paper due on those days or Sunday is payable and due on the preceding day.

XXI SUITS:

In the courts the common law practice is used. The same courts have also jurisdiction of chancery suits. Ordinarily it requires sixty days to mature an action in court. The action before justices may be brought for any matter of debt, the recovery of personal property or the recovery of damages to property and if defense is not made, may be matured in five days. But the title to real estate cannot be called in question before a justice. XXII. TAXES:

Constitute a lien from April 1st of each year. Payable in autumn on days fixed by the sheriff, who collects the

taxes. Sale of real estate for taxes every two years. May be redeemed from purchaser within one year by paying amount and twelve per cent interest.

XXIII. WAGES:

It shall be unlawful for any company, firm or person. directly or indirectly, to issue, sell, give or deliver to any person employed by him, or it, in payment of wages due such employe, or as advances on the wages of labor not due, any scrip, token, draft, check or other evidence of indebtedness payable otherwise than in their face value in money. The company or person doing it shall be liable to a fine of not less than twenty dollars nor more than one hundred dollars, and at the discretion of the court imprisoned not less than ten nor more than thirty days.

The compelling or attempting to compel an employe to purchase goods or supplies from a particular person is a misdemeanor, punishable by fine and imprisonment. XXIV. WILLS:

All persons of sound mind and above the age of twentyone years may make a will, and minors of eighteen years of age may will personal property. Must be executed in the presence of two witnesses, or be written wholly by the testator.

CORPORATIONS.

I. ORGANIZATION:

The agreement for incorporation should set forth: 1. Name of the corporation. 2. The purpose for which it is formed. 3. Place where its principal office or place of business shall be kept. 4. Term for which it is to exist, not exceeding fifty years. 5. The amount subscribed to the capital stock, the number and value of each share, and the amount to which corporators desire the privilege of increasing the capital. 6. The agreement must be subscribed by five or more persons, who need not be residents of the State. It must be acknowledged before a notary public or some officer authorized to take the acknowledgment of deeds, and two of the corporators must make affidavit that at least ten per cent of the capital subscribed has been paid in in good faith, and without any intention of withdrawing it before the dissolution of the corporation. Upon the filing of such agreement and afdavit with the Secretary of State, he will issue a certificate of incorporation, declaring the persons named in the agreement a corporation.

II. BY-LAWS:

The first stockholders' meeting must be held not less than twenty-one nor more than ninety days after the date of the certificate of incorporation. At this meeting bylaws should be adopted providing for: 1. Officers, including directors, and the duties and tenure of office, and compensation, except where this latter is left to the board of directors. 2. Time of annual election. 3. Time, place and manner of calling meetings of stockholders and directors. 4. The general business of the corporation. 5. If desired, restrictions on the usual powers of officers. G. These by-laws may be adopted by a majority vote of those present, and may be subsequently amended as provided by the by-laws.

The by-laws should be entered on the record and certified by the chairmar of the stockholders' meeting and the secretary. The directors may adopt by-laws governing their action, provided they do not conflict with the by-laws adopted by the stockholders.

The principal office or place of business may be in any state or territory of the United States or District of Columbia; and the meetings of directors and stockholders may be held out of the State; but this cannot be done without the concurrence of persons holding a majority in value of the stock, nor without reasonable notice. III. MEETINGS AND ELECTIONS:

Directors must be elected annually by the stockholders, and such election shall be on the fourth Tuesday of January unless the by-laws prescribe a different time. IV. LIABILITY OF STOCKHOLDERS:

Stockholders are not liable beyond the amount of stock subscribed by them. When that is paid up their personal liability ceases. There is no personal liability for debts or wages due to mechanics, workmen or laborers employed by the corporation.

V. REPORTS AND STATEMENTS:

The board of directors shall make a report to the stockholders, at the annual meeting, of the condition of the corporation. The report shall show: 1. Property and funds of the corporation. 2. Estimated value thereof. 3. Debts due to it, distinguishing such as are deemed to be good from those considered doubtful or hopeless. 4. Debts of the corporation. 5. The capital paid in and the estimated surplus or deficiency as the case may be. 6. Dividends declared, and losses incurred and profits accruing during the preceding year. A copy of this report shall be furnished to each stockholder requiring it, with a list

WEST VIRGINIA LAWS.

of the stockholders and their residences. But this report is not required to be published.

VI. FOREIGN CORPORATIONS:

No corporation incorporated under the laws of another state may hold property or transact business in this State, until it shall have filed with the Secretary of State a copy of its articles of association and of the law and authority under which it is incorporated. A certificate that this has been done will be issued by the Secretary of State, and this certificate shall be filed and recorded in the office of the clerk of the County Court of one of the counties in which the business of the corporation is conducted. Every such corporation which shall do business in this State without complying with said provisions shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than five hundred dollars nor more than one thousand dollars for each month its failure so to comply shall continue.

I. RIGHT OF WAY:

MINING.

Mining property is not subject to a right of way more than any real estate, nor does it have in its favor such right of way. Mine owners desiring to drain their mines or lands through the land of others may apply to the Circuit Court for the condemnation of such right in the manner already described as to mill-dams. But it is doubtful if the statute can be enforced, as such condemnation can only be had for public uses, and the West Virginia Supreme Court have held a similar use not a public use.

A coal mine cannot be mined within five feet of adjoining land, and the owner of such land shall have the right once a month to enter the mine, and if need be, survey it. This right will be enforced by a justice of the peace on complaint made.

This State has no statutes regulating the location of mining claims on public domain and no lands on which they could be located.

The statutes do not indicate what shall be considered real estate pertaining to mining properties, but fixtures and machinery would no doubt be counted such by the courts.

II. INSPECTION OF MINES:

The State is divided into two mining districts, and two mine inspectors, one for each district, are appointed by the Governor and hold their office four years. The inspector's duties shall be to examine each mine at least twice a year and see that the provisions of the mining law are observed and strictly carried out. These examinations particularly apply to ventilation, drainage and general safety. He must make a record of such examinations and annually as of June 30th make a detailed written report to the Governor. This report shall be filed not later than December 30th following.

Proper facilities for entering and examining the mines shall always be afforded the inspector, and if his requirements are not complied with, he may enforce them by enjoining the working of the mine by injunction obtained from the Circuit Court of the county.

The inspector shall be notified of any accident occasioning loss of life, or serious personal injury, by mail, at once. In case of loss of life an inquest shall be held.

The operator or agent shall annually during July deliver to the inspector a report of the preceding twelve months ending with June 30th. The report must include the details required by the inspector. The operator or agent of each coal mine shall also make, or cause to be made, an accurate map or plan of each mine, and file a copy thereof with the inspector of the district. The original shall be kept in the mine office, subject to examination and use by the inspector. Twice a year the mine must be surveyed and the map corrected to show the extensions and changes in the mine. If the operator fails to do this the inspector may have it done at the expense of the operator.

III. VENTILATION AND MEASURES OF SAFETY: Ample means of ventilation shall be provided, affording not less than one hundred cubic feet of air per minute for each person employed in the mine, and as much more as may be necessary, which shall be thoroughly circulated in all parts of the mine.

The mine shall be kept free of standing gas in the abandoned parts, and entrances thereto closed, warnings posted, and self-closing doors hung to divide the ventilation therein. Before each shift, all places where gas is known to or liable to exist must be examined by the "fire boss" with a safety lamp, and on each examination he must leave the mark thereof, and workmen shall not be permitted to enter until examination is made. Fine coal dust shall be watered down. Safety lamps so used shall be furnished by the operator of the mine.

A "mining boss" shall be employed who shall be an experienced coal miner, or having two years' experience in a coal mine, who shall see to all the interior workings of the mine, ventilation, safety appliances, excavations, timbering, drainage and other matters. The "mining boss" or his assistant shall visit every working place at least once in three days and see that safety in all respects is assured.

There shall be at least two outlets separated by natural strata of not less than one hundred feet if the mine be worked by shaft, and not less than fifty feet in breadth if worked by slopes or drift. There shall be a safe and available roadway from the interior of the mine to each of said outlets, which shall be kept free from all obstructions that might prevent travel in case of an emergency, and if either of said outlets be a shaft it shall be fitted with all proper appliances, ready for whereby persons employed may readily escape. This will immediate use, not apply while work is being actually prosecuted to communicate between said outlets, nor as done in the final abandonment of the mine, if no more to work being than twenty persons are employed in the mine at any one time. If the owner of a coal mine has not suitable ground to make a second outlet from the mine he may condemn ground therefor from adjoining land.

ing apparatus must be provided, and once in every twentyA metal speaking tube from top to bottom of the shaft, and the usual and necessary safety appliances in the hoistfour hours inspected by a competent person. Only sober and competent engineers shall be put in charge of the machinery. Not more than ten persons shall ride in a car or cage, and on a loaded car or cage no person shall ride. Refuge holes every sixty feet shall be provided on one side of each slope.

No boys under twelve years of age and no female of any age shall be permitted to work in any mine. IV. WEIGHT OF COAL:

A weighman shall be employed by the operator of the mine, and the miners working therein shall employ one. If they fail to do so, then the weighman employed by the operator of the mine shall weigh the coal. Each of the persons so employed shall be sworn.

All coal under contract for payment by weight shall be weighed before screening, and if paid for by measure it shall be ascertained before screening.

Each company or person operating a coal mine shall provide suitable standard scales to be tested by the sealer of weights and measures.

V. PENALTIES:

A fine of not less than fifty dollars nor more than five hundred dollars is imposed for violating the provisions of the act. The act applies only to those mines employing ten or more persons in the twenty-four hours. Any person who shall knowingly injure any shaft, lamp, air-course or brattice, or do other acts, or fail to obey orders, whereby the life or health of any person employed or the safety of the mine is endangered, shall be liable to a fine of not less than fifty dollars, nor more than five hundred dollars, as above provided.

VI. QUARRIES:

Quarries are subject to the laws relating to real estate generally.

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Deeds and like instruments for record must be acknowledged within the State before any judge, or clerk of court of record, court commissioner, county clerk, register of deeds, notary public, or justice of the peace; without the State, according to either the local law or the Wisconsin law, before a notary with seal or other authorized officer. No "clerk's certificate" is needed for a notary, commissioner of deeds for Wisconsin, or clerk of a court of record if official seal is affixed. as should be done in all cases. For other officers it is needed to authenticate

the acknowledgment. By enactment of 1893, defective acknowledgments that have been recorded twenty years are made good.

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All probate jurisdiction is vested in the County Court of the county of decedent's domicile, or of his property situs, if a non-resident. Administrators, executors, and guardians are appointed on petition and notice, the widow and heirs being preferred over creditors, unless they decline or fail to apply. Security is required. Foreign administrators and executors can act here upon filing copies of their letters, without ancillary administration. Possession and income of all realty (except homestead, q. v.) as well as personalty pertain to the administrator, etc., pending disposition of the estate. All non-exempt property is applicable to debts. Debts must be proved by affidavit filed in the County Court within six months after notice given Upon issue of letters, unless time is extended by the court; else they are barred. This limitation does not bar confingent liabilities not fixed before said time expires. The Federal Courts ignore this limitation and entertain actions against the administrator, etc., on such debts within six years if assets are still in hand. Any other creditor or the administrator, etc., may contest claims. In insolvent estates, all other debts pro-rate after full payment of administrative, funeral and last-sickness expenses, and debts preferred by United States laws. In solvent estates the same order obtains. The residue (except homestead, q. V is distributed under the will or the law of descent. (XII. Descent.)

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IV. ALIENS:

May acquire, transfer and inherit property, like citizens, except that non-resident aliens cannot acquire more than three hundred and twenty acres of land by purchase. Alien women not barred of dower.

V. APPEALS:

Appeals may be taken to the Supreme Court direct from Circuit and County Courts having civil jurisdiction, regardless of the amount involved, within two years from entry of judgment. Bills of exceptions must be served within sixty days. The appellant must give security for costs of appeal. Appeals from Justice Courts to Circuit and County Courts with civil jurisdiction are permitted within twenty days after entry of judgment, and security may be required. The case is tried de novo in the Appellate Court if the amount in controversy exceeds fifteen dollars. Appeals as to wills and other matters of probate jurisdiction lie from the County to the Circuit Court, and thence to the Supreme Court.

VI. ASSIGNMENTS:

Assignments may be made by an insolvent debtor to such person, being a resident of this State, as he elects, who must give bond in double the nominal value of assets.

The assignee must file list of creditors and inventory within twenty days, and notify creditors, who may prove their claims by affidavit filed with assignee or with the clerk of the Circuit Court of the county where debtor lives. Proof of claim must be so filed within ninety days after assignee gives notice. That court has a general supervision of all proceedings and settles final accounts.

The assignee or any creditor can contest any claim filed. Debts to employes for wages, etc., earned within three months are preferred by law, and the same for six months may be preferred by the assignment. All others must pro-rate, and other preferences avoid assignment. Exemptions are allowed to assignor. (See XIV. Exemptions.) The assignment cancels a lien or levy under a judgment by confession entered within sixty days before; or, conditionally on the creditor's knowing or having cause to believe the debtor insolvent, any sale or security made within that time and in contemplation of an assignment or of insolvency.

Insolvent debtors, after properly noticed hearing, may be discharged from all liabilities. A debtor who has made a voluntary assignment, by filing within one year thereafter his application for discharge in the Circuit Court, where such assignment is filed, may be discharged from all debts, after notice and hearing. Such application shall have annexed thereto a sworn statement that debtor has not disposed of any property for his future benefit, or in any way fraudulently compounded with any of his creditors. Opposing creditors may have a jury trial on hearing of application for discharge, and have the right to appeal. Upon payment of final dividend judgment satisfying the balance due on all claims filed under the assignment is entered in favor of assignor. Foreign assignments are treated according to the rules of comity. A majority in number and value of creditors may procure removal of assignee, and appointment of a new one, and the Circuit judge may, upon notice and after hearing, remove assignee for cause. The assignee must file verified itemized statement annually during continuance of trust; assignor and assignee may be fully examined as to all matters relating to state of business immediately before and after assign

ment.

VII. ATTACHMENT:

May be had, on contracts, when indebtedness exceeds fifty dollars, for absconding from State or concealment in it, to avoid process; for fraudulent disposition or removal, actual or intended, of property; for fraudulent contraction of liability; for official defaults; or against a non-resident, or a foreign corporation. On torts, it may be had in the two latter cases. It may be had in Justice Court, when indebtedness exceeds five dollars, on the same grounds and also for residence of defendant over one hundred miles away and in another county of this State.

The writ issues only upon affidavit of the ground for it and of the debt or tort, and, except in Justice Court, a bond for two hundred and fifty dollars must go with it. No bond is required when the State, county or city is plaintiff in the attachment. (Acts, 1895.) The defendant may traverse or deny the ground for the writ, and if he succeeds on trial the writ is dismissed, but judgment (on proof of debt) given for plaintiff, less costs of attachment. Attachment may be had on a debt not due, if bond is given for thrice the debt; but on failure to sustain the writ, the action, too, fails. This is the only case where an action lies before debt is due.

VIII. CLAIMS AGAINST ESTATES:

The County Court shall at the time of granting letters testamentary or of administration fix the time within which creditors shall present their claims for examination and allowance. Such time shall be fixed by an order and shall not exceed one year nor be less than six months from the date of the order. Upon giving notice this time may be extended for good cause shown, but in no case shall the time exceed two years. The order shall also specify the time and place to receive, examine and adjust such claims,

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