shown, prescribe the notice to be given to the opposite party of the time and place of taking the deposition. But either party litigant before any justice of the peace, or in any of the courts of this State may, without any order or commission, take the depositions of witnesses in all cases allowed by law, upon giving the opposite party legal notice of the time and place, or by filing interrogatories.

Depositions may be taken by any judge, mayor, justice of the peace, clerk of any court, commissioner for Tennessee or any lawful person appointed by the court or clerk of the court where cause is pending. In all cases, except the last, no commission is necessary. A notary public in this and other states may take depositions without a commission issuing to him.

VIII. DESCENT:

The land of an intestate owner is inherited by lineal descendants, collateral kindred, or ascendants: 1. By all the sons and daughters of deceased, equally; and descendants of such as may be deceased, by representation; and failing issue, or brothers or sisters, or their issue, by parent living. 2. If the estate was acquired by intestate, and he died without issue, by brothers and sisters of the whole and half blood, born before his death or afterward, equally; and their issue, by representation; and failing such, by the father and mother of intestate as tenants in common; and failing such, equally by the heirs or representatives of the father and mother in equal degree, the nearest in blood being preferred. 3. Where the land came to intestate by gift, devise or descent from parent or parental ancestor, and he die without issue; by brothers and sisters on the part of the parent from whom the estate came, in the same manner as by brothers and sisters of the whole blood, until such line is exhausted, to the exclusion of the other line; failing such, estate goes to the parent, if living, from whom or whose ancestors it came, in preference to the other parent; and if both parents be dead, then to the heirs of the parent from whom or whose ancestor it came.

In the absence of heirs at law capable of inheriting the real estate, it is inherited by surviving husband or wife in fee simple. The personal representative of intestate distributes the remainder of the personality, after paying all indebtedness, as follows: 1. To the widow and children, or the descendants of children representing them, equally. 2. To the widow altogether, if there are no children, nor descendants of such. 3. To the children or their descendants equally, if there is no widow. 4. If no children, to the father. 5. If no father, to the mother. brothers and sisters, or the children of such equally. 6. If no brothers and sisters, or their children, exclusively' to the mother; if no mother, exclusively to the brothers and sisters, or their children representing them. 7. If no mother, brother or sister, or their children, to the next of kin of the intestate who are in equal degree, equally. IX. EXECUTIONS:

Issue from Chancery and Circuit Courts within thirty days, when the court continues in session less than two weeks; if more than two weeks, within forty days; and if more than four weeks, within thirty days after the rendition of judgment. Issue from the Supreme Court within sixty days after the adjournment of each term; and from Justice Court within two entire days after judgment is rendered.

X. EXEMPTIONS:

Homestead, to value of one thousand dollars, and personal property, consisting of household goods, supplies, tools and stock, etc., amounting in all to about one thousand two hundred dollars.

XI. INTEREST:

The legal rate is six per cent. A contract for more is void as to excess, and an instrument showing usury on its face cannot be sued on.

XII. JUDGMENTS:

From a court of record are a lien from the date of rendition for one year on all lands then owned by the defendant, and on after acquired lands, for one year after acquirement.

XIII. LIENS:

All employes and day laborers of any corporation have a lien on the employer's property for wages in arrears three months. This lien is enforceable by attachment or otherwise as in other cases. If proceedings to enforce are not begun within three months from the time the lien attached, it will be lost. The rights of bona fide purchasers, and persons having valid liens at the time proceedings are begun, are superior to this lien.

A lien is given to whoever furnishes materials, by virtue of a special contract with the owner, for the construction or repair of a house, or the furnishing or erection of fixtures, machinery or improvements. If the contract be made with the mortgagor or vendee who holds subject to a vender's lien, and the mortgagee or vender do not object within ten days after being notified in writing, the lien for materials will take priority over the mortgage or vender's lien. The lien covers the building or improve

ments and the lot or land on which it is constructed, and takes precedence of all incumbrances created after the material is furnished. Sub-contractors must notify the owner in writing, within thirty days after material is furnished, that a lien is claimed, and this will continue their lien for ninety days from date of such notice, provided a statement of the material furnished be filed with the county registrar. The liens of sub-contractors can in no case exceed the amount which the owner agreed to pay the original contractor. The lien of the original contractor continues for one year and until the final decision of a suit to enforce it brought within such year in a court of record of the county where the building or improvement is situated.

Mechanics have a lien for one year upon any ground on which a house is constructed or repaired, improvements or erections made, or fixtures, etc., put in, upon which said mechanic or artisan has furnished labor in construction of same. The benefit of said lien extends to any workman giving notice to owner within thirty days after the completion of building, or his discharge, or the completion of his contract; and such lien is recoverable in action as above specified.

Can hold real and personal property separate from the husband, and not liable for his debts. Rents and profits of a wife's lands are not subject to her husband's debts, nor can the husband's life interest in the wife's land be sold during her life. The husband is not liable for the ante-nuptial debts of his wife, but his marital rights do not so attach to her property as to defeat the collection of the same. Married women cannot make a power of attorney to sell land, nor have they any power to bind themselves personally or their general estate by simple contract.

XVI. MILLDAMS:

The County Court of each county has control of the erection of milldams under such conditions, restrictions and limitations as in its discretion may seem proper. No County Court can permit a milldam to be so constructed as to interrupt or in any way injure or impair the navigation of such streams as are naturally navigable or as have been declared to be so by law.

Any person desiring to construct a milldam shall present a petition to the County Court of the county where the dam is to be built, on the first day of a quarterly session, setting forth the nature and object of the dam. If the petitioner is not the owner of the land on both sides of the stream, his petition shall be accompanied by the written consent of the owner or owners of the land, which consent shall be proven by two witnesses to the same. Notice of the intention to present the petition shall be set up at the door of the court house, at the same time at which it is presented. At the next succeeding term the County Court shall hear and determine upon the application and fix the term of time for which the right or privilege shall be enjoyed.

The owner of land through which a non-navigable stream passes may turn the water from its channel for his uses, provided he returns it to the channel before it leaves his land. And such a person may have an action against an owner below him on the stream for interrupting such use of the water by erecting a dam so as to overflow his property. A right to permanently overflow the land of another is an hereditament, and a conveyance of sale thereof must be in writing.

Chattel mortgages are good as to the contracting parties without registration, but not as against purchasers without actual notice, and creditors. It is a felony for the maker of registered mortgage of personal property to dispose of the same with the purpose of depriving the beneficiary of the same. A railroad cannot make a mortgage which shall be superior to judgments for timbers furnished, or for labor, or to damages done to any person or property in the operation of the road.

Parties may annex conditions to contracts for the sale of personalty, which will prevent the vesting of title to the property, although actually delivered, until the performance of the condition. Where property is sold to be delivered in installments, or at intervals, to be paid for

when the whole is delivered, the delivery does not pass the title until the condition is complied with. The seller, on retaking possession on failure to carry out the condition, must dispose of the property at public sale after due advertisement, but the original buyer may waive such sale. When goods are sold with the privilege of returning same, they must be returned within a reasonable time or the sale becomes absolute. If a party sell and deliver personalty, but retain the title till the purchase money is paid, it is a valid sale, and he may follow the property into the hands of third parties and recover the same for the unpaid purchase money.

XVIII. NOTES AND BILLS:

Every note whereby the maker promises to pay money to any person or bearer, or to the order of any other person, shall be negotiable in the same manner as inland bills of exchange, by the custom of merchants. Every bill, bond, or note for money, whether sealed or not, and whether expressed to be payable to order or for value received or not, shall be negotiable in the same manner as promissory notes. And upon every such instrument, the holder may maintain a joint action against the maker, and any one or more of the indorsers; or a joint and several action against any one or more of the indorsers. Any person, having a right to demand any sum of money due upon a protested bill of exchange, may commence and prosecute an action for principal, interest and charges of protest against the drawer and indorsers, jointly, or against either of them separately; and judgment shall be given for such principal debt and charges, and lawful interest to the time of the judgment. When a bill of exchange, drawn or indorsed in Tennessee upon any person or corporation of or in any other state, territory, or place, is returned unpaid with legal protest, the payee may recover from the drawer or indorsers, besides the principal, interests and charges of protest, damages at the following rates, per cent upon the principal sum: 1. Three per cent, if the bill were drawn upon a person or corporation of, or in any of the United States or territories. 2. Fifteen per cent, if drawn upon any person or corporation of, or in any other state or place in North America, bordering upon the Gulf of Mexico, or of or in any part of the West India Islands. 3. Twenty per cent, if drawn upon any person or corporation of, or in any other part of the world.

Days of grace shall not be allowed upon bills of exchange payable at sight. Negotiable paper falling due on the first day of January, the fourth day of July, the twenty-fifth day of December, or any day appointed by the President of the United States or the Governor of the State as a day of feast or thanksgiving, is due on the day previous, unless such previous day be Sunday, in which case it is due on the Saturday preceding. Whenever the health authorities of any town or city shall officially announce the prevalence as an epidemic within the limits thereof of any contagious or infectious disease of so malignant or dangerous a character as to suspend or seriously interrupt business transactions, the owners and holders of any negotiable paper requiring demand, notice or protest, are excused from making demand, giving notice, or entering protest, while such epidemic prevails. Demand, notice and protest made, given and entered within fifteen days after such epidemic shall have been declared at an end, are as binding upon the parties sought to be charged, as if the same steps had been taken upon the day of maturity of the paper. Bonds with collateral conditions and bills or notes for specific articles, or the performance of any duty are assignable.

XIX. SUITS:

In all actions, parties defendant must have notice of commencement of such action by personal service of process, if possible; or by publication, if personal service be impossible. In the Circuit Court, which is a court of general jurisdiction, the defendant must be served with process (if a resident) five days before the term of said court. In the Chancery Court, process may be made returnable at the next rule day, if service is made five days previous. In a Justice Court, process may issue to return at any time, and the trial may be set for any hour or any day except Sunday. Causes in the Circuit Court usually stand for trial at the second term after the commencement of action. Chancery Court cases are usually ready for trial at any time after the answer is filed; but parties are of course allowed time in which to take proof, which is entirely by depositions. Actions must usually be commenced in the county where the parties reside or may be found. If controversy is in regard to realty, suit must be brought in county where the property is. Surety for costs is usually required upon commencement of an action, but plaintiff may make affidavit to his poverty, and to the justice of his claim, and proceed as if security had been given; but an exception is in favor of actions for malicious prosecution, false imprisonment, and slanderous words; in actions of this kind, security is always required.

XX. TAXES:

Taxes are a lien on the real estate on which they are levied, and as between vendor and vendee they are a lien

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from January 10th of the year for which they are assessed. As between the State, county, city and the owner, they are a lien for six years from January 10th of the year for which they accrued, after which they are barred. Taxes are payable on the first Monday in October of each year, become delinquent by the first Monday in February following, then begin to bear interest; and the tax rolls are then placed in the hands of a constable for collection by distraint. The lands then pass into the hands of the back tax attorneys upon the first Monday in June, ten per cent then accruing; and by them are sold, after advertising, subject to redemption for two

years.

XXI. WILLS:

Any person of sound mind, and twenty-one years of age, may make a will disposing of every kind of property. Males at fourteen and females at twenty years of age may dispose of personalty by will, but not of reality.

No last will or testament is sufficient to convey or give an estate in lands, unless written in the testator's life time, and signed by him, or by some other person in his presence, and by two witnesses, at least, neiether of whom is interested in the devise of said lands. But a written paper, appearing to be the will of a deceased person, written by him, having his name subscribed to it, or inserted in some part of it, and found after his death among his valuable papers, or lodged in the hands of another for safe keeping, is sufficient to give and convey lands, if the handwriting is generally known by his acquaintances, and it is affirmed by at least three credible witnesses that they verily believe the writing and every part of it to be in his hand. No nuncupative will is good where the estate exceeds two hundred and fifty dollars, unless proved by two disinterested witnesses present at the making thereof; and unless they are, or some of them were, especially required to bear witness thereto by the testator himself; and unless it was made in his last sickness, in his own habitation or dwelling house, or where he had been previously residing ten days at least; except he be surprised by sickness on a journey, or from home, and dies without returning to his dwelling; and such nuncupative will must be proved by the witnesses within six months from the making thereof, unless put in writing within ten days; nor may it be proved until fourteen days after the death of the testator; nor till process has issued to call in the widow or next of kin, or both, if conveniently to be found, to contest it. No written will may be revoked or altered by a subsequent nuncupative will, except the same be, in the lifetime of the testator, reduced to writing, and read over to him and approved; and unless the same be proved to have been so done by the oaths of two witnesses at least.

Wills are probated in the County Court of the county where the testator lived, and if he had fixed places of residence in more than one county, then in any of said counties. Any will may be contested by any party interested in the result, and the Circuit Court has exclusive jurisdiction thereof. Wills executed in other states, or in any of the territories, or in the District of Columbia, must be proved according to the laws of this State. Where the last will and testament of any person deceased is proved in a court of any state or territory of the United States, or before the mayor of any city, any person interested may present a copy thereof, duly authenticated, to the County Court of any county in the State, where the land or estate devised or disposed of by the will is situated; and thereupon such court may order the same to be filed and recorded, and said copy when so recorded shall have the same force and effect as if the original had been executed in, and proved or allowed in the courts of this State.

CORPORATIONS.

I. ORGANIZATION:

Articles of incorporation must set forth: 1. Names of five or more incorporators not under twenty-one years of age. 2. Name of proposed corporation and the purposes for which it is formed.

The signatures of said corporators must be acknowledged, or any one or more signatures proved by one witness before the clerk of the County Court. The articles, after due acknowledgment, with the application, are then registered in office of the register of deeds, in the county where the main business of the corporation is to be conducted. The said instruments are then transmitted to the Secretary of State, in whose office, together with all certificates of acknowledgment, registration, etc., the same are registered. The Secretary of State may then certify in the original instrument that the same has been registered in his office, to which certificate is affixed the great seal of the State, and upon the fixing of the great seal of the State to said certificate or said original instrument, and the registration of said certificate in the register's office. where said instrument was originally registered, the formation of the association as a body politic and corporate is declared complete.

II. POWERS:

III. LIABILITIES:

IV. REPORTS:

Annually during the month of January, the president must make and publish in a newspaper printed in the county where the principal office of business is located, or the nearest thereto, a sworn statement, showing the amount of capital stock, the existing liabilities, and a list of names of the stockholders. The making of a false statement to be printed as aforesaid renders all persons consenting thereto individually liable to all persons dealing or trading with said company on the faith of said fraudulent statement.

V. FOREIGN CORPORATIONS:

Every foreign corporation desiring to carry on its business in this State must first file in the office of the Secretary of State a certified copy of its charter or articles of its incorporation, and thereafter are deemed to be corporations of this State. such who may be residents in this State have priority in Nevertheless, creditors of the distribution of assets over all simple contract creditors being residents of any other country or countries: and also over judgment creditors for all debts which were made by said corporation before the rendition of such valid judgments. Upon the failure of any such corporation to commence in good faith to develop and work some portion of its property within this State within one year after filing its said charter, all rights and privileges lapse and become void.

mines being worked in the State. Said inspector must annually on or before the first day of January, make a report to the Governor of the State, of the condition and operation of the mines in the State. The inspector must inspect all mines that are being worked once every three months.

If any loss of life should occur by accident, in any of the mines of the State, or any serious accident should occur in said mines, the agent or person operating the same must immediately notify the inspector; and if any deaths should occur by such accident the coroner should be notified, who must summon a jury to inquire into the cause of the death, and must make a report of the verdict to the inspector. Thereupon the inspector must investigate the matter and may take such steps as will prevent a recurrence of the accident.

The agent or owner of every coal mine must furnish an accurate map of the workings of said mine to the inspector; and on the first day of January and June in every year a statement of the progress of the workings of the mines shall be furnished the inspector. penalty for furnishing false maps or plans is a fine of The not less than fifty dollars nor more than five hundred dollars.

II. MEASURES OF SAFETY:

There must be at least two separate outlets, separated by natural strata, not less than one hundred and fifty feet in breadth, by which shafts or outlets distinct means of ingress and egress are always available to the persons employed in the mines.

The owner or agent of every coal mine must provide not less than fifty-five cubic feet per second of pure air for every fifty men at work, and as much more as circumstances may require. duced by air pumps or other appliances, but in no case The ventilation may be promay a furnace be used inside of the mine where the coal breaker and chute are built directly over and covering the top of the shaft, for the purpose of producing an upcast of air.

Every agent or owner of coal mines must employ a competent and practical inside overseer, who shall keep watch over the ventilating apparatus, etc., and all things pertaining to the safety of the miners. measure the amount of air supplied to the mine at least It is his duty to once a week, and report to the inspector once a month.

The owner or agent of every coal mine must employ suitable appliances for signaling from top to bottom of the shaft, and safe machinery for lowering or hoisting purposes. No boy under twelve years of age may work or enter into any mine.

Violation of any of the above provisions will subject the agent or owner of the mine to a fine; and upon application of the inspector, acting in behalf of the State, such agent or owner of mines will be enjoined from working the mines.

III. WEIGHT OF COAL:

He

or

The miners have the right to employ a check-weigher. who shall be permitted at all times to be present at the weighing or measuring of coal, and have the right to balance and examine the scales or measure the cars. must credit each miner with all merchantable coal other minerals mined by him, on a proper sheet or book kept by him for that purpose. between the check-weighman and the agent of the mine. When differences arise the same may be referred to the mine inspector of the district for settlement.

Any weighman, agent or check-measurer, who knowingly or willfully adopts or takes more or less pounds for a bushel or a ton than is now provided by law, or willfully neglects the balancing or examining of the scales or cars, or willfully weighs coal with an incorrect scale, is deemed guilty of a misdemeanor.

IV.

WAGES:

in

All persons, firms, companies or corporations engaged in mining coal, ore or other mineral, must pay their laborers and employees the amount due them for their work lawful money of the United States, or by cash orders; and must adjust accounts at least once in every thirty days. It is not lawful for them to issue for payment of labor any order, or other paper whatever, unless the same ports to be redeemable for its face value, in lawful money of the United States, by said person, company or poration.

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When any action or defense is founded upon an open account, supported by the affidavit of the party, his agent or attorney, taken before some officer authorized to administer oaths, to the fact that such account is, within the knowledge of affiant, just and true; that it is due, and that all just and lawful offsets, payments and credits have been allowed, the same is taken as prima facie evidence thereof, unless the party resisting such claim shall, before announcement of ready for trial in said cause, file a written denial, under oath, stating that such account is not just or true, in whole or in part, and if in part only, stating the items and particulars which are unjust. II. ACKNOWLEDGMENTS:

Affidavits and acknowledgments of instruments for record may be made without the State, but within the United States or territories, before the clerk of some court of record having a seal, commissioner of deeds for Texas or notary public; without the United States, before a minister, commissioner or charge d'affaires, consul-general, consul, vice-consul, commercial agent, vice-commercial agent, deputy consul, or consular agent of the United States, or a notary public; within the State, before a clerk of the District Court, a judge or clerk of the County Court, or a notary public.

III. ALIENS:

An act passed in 1892 provides that no alien or person who is not a citizen of the United States can acquire title to or own any land in Texas except as follows:

It does not apply to aliens who were owners of land in this State when the law took effect, July 12, 1892. Aliens who become inhabitants of the State have the right to acquire and hold real estate during the time they reside in the State, but must alienate it within ten years after they cease to be inhabitants thereof. Persons not citizens of the United States may acquire and hold land in any incorporated or platted city, town or village. An alien who becomes an actual resident of this State, and shall in conformity with the naturalization laws of the United States have declared his intention to become a citizen of the United States, has the right to acquire and hold real estate in the same manner as if he were a citizen of the United States.

Aliens can acquire land in the ordinary course of justice in the collection of their debts. They may lend money on real estate security, enforce their liens and purchase

the property covered by their debts. They may take by devise or descent.

A non-resident alien who takes by devise, descent or purchase must alienate the land within ten years or same will be subject to escheat; the money realized from the sale, less costs, to be held for the alien.

Aliens enjoy such rights of ownership of personal property as are or shall be accorded citizens of the United States by the laws of the nation to which such aliens belong, or by the treaties of such nation with the United States.

IV. ASSIGNMENTS:

Every assignment made by an insolvent debtor or in contemplation of insolvency, for the benefit of his creditors, shall provide for a distribution of all his real and personal estate, other than that which is by law exempt from execution, among all his creditors, and however expressed shall have that effect. Such assignment must be provided or acknowledged, certified and recorded in the same manner as conveyances of real estate.

The debtor may provide in the assignment that the benefits of the assignment shall be limited to such of his creditorg only as will consent to accept their proportional share of his estate and discharge him from their respective claims. Those who accept will thereby discharge the debtor, provided, that such creditors receive as much as one-third of the amount due and allowed in their favor as valid claims against the estate of the debtor.

Every creditor consenting to an assignment must within six months from the time of the first publication of notice of appointment of assignee, file with such assignee a distinct statement of the particular nature and amount of his claim against the debtor, which must be supported by an affidavit of the creditor, his agent or attorney, that the statement is true, that the debt is just and that there are no credits or offsets that should be allowed against the claim, except as shown by the statement; and no creditor shall take any benefit under the assignment who neglects to file such statement.

Any creditor not consenting to the assignment, may garnishee the assignee for any excess in his hands after paying creditors who consented the amount of their debts and cost of executing the assignment.

V. ATTACHMENTS:

The judges and clerks of the District and County Courts, and justices of the peace, may issue writs of original attachment, returnable to their respective courts upon the plaintiff, his agent or attorney, making an affidavit in writing stating: 1. That the defendant is justly indebted to the plaintiff, and the amount of the demand. 2. That the defendant is not a resident of the State, or is a foreign corporation, or is acting as such. 3. That he is about to remove permanently out of the State, and has refused to pay or secure the debt due the plaintiff. 4. That he secretes himself, so that the ordinary process of law cannot be served on him. 5. That he has secreted his property for the purpose of defrauding his creditors. 6. That he is about to secrete his property for the purpose of defrauding his creditors. 7. That he is about to remove his property out of the State, without leaving sufficient remaining for the payment of his debts. 8. That he is about to remove his property, or a part thereof, out of the county where the suit is brought, with intent to defraud his creditors. 9. That he has disposed of his property, in whole or in part, with intent to defraud his creditors. 10. That he is about to dispose of his property with intent to defraud his creditors. 11. 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. 12. That the debt is due for property obtained under false pretenses.

The affidavit shall further state: 1. That the attachment is not sued out for the purpose of injuring or harassing the defendant; and 2. That the plaintiff will probably lose his debt unless such attachment is issued.

No attachment can issue until suit has been instituted, but it may be issued in a proper case either at the commencement of the suit or at any time during its progress. Writs of attachment may issue although the demand is not due.

Before the issuance of any writ of attachment the plaintiff in the suit must execute a bond, with two or more good and sufficient sureties, payable to the defendant in a sum not less than double the debt sworn to be due, conditioned that the plaintiff will prosecute his suit to effect, and will pay all such damage and costs as shall be adjudged against him for wrongfully suing out such attachment, and the same must be delivered and approved by the officer issuing the writ.

VI. CLAIMS AGAINST ESTATES:

Every claim for money against a testator or intestate must be presented to the executor or administrator within twelve months after the original grant of letters testamentary or of administration, or the payment thereof will be postponed until the claims which have been presented within said twelve months and allowed by the executor or administrator and approved by the county judge have been first entirely paid.

Debts are paid in the following order: 1. Funeral expenses, and expenses of last sickness, if presented in sixty days after grant of letters. If not presented within that time the exempt property set apart to the widow and children and the allowances to them will not be liable to the payment of such claims. 2. All expenses of administration and an allowance to the widow and children of the deceased in lieu of exempt articles and homestead if there should not be among the effects of the deceased all or any of the specific articles exempt from forced sale; and also an allowance to them for one year's support. 3. Debts secured by liens so far as the same can be paid out of the proceeds of the property subject to such liens. 4. All other claims presented within one year. 5. Debts presented after the expiration of one year from commencement of administration.

A claim cannot be allowed unless accompanied by an affidavit in writing that the claim is just and that all legal offsets, payments and credits known to the affiant have been allowed.

If a claim is approved it must be filed with the county clerk within twelve months from the commencement of administration. It is the clerk's duty to file same and enter it upon the claim docket. The court must approve or reject in whole or in part a claim allowed by the administrator or executor by action taken at a regular term of court. If a claim is rejected by the administrator, executor or court, suit must be brought thereon within ninety days or the claim will be barred.

VII. COURTS:

The judicial power of this State is vested in one Supreme Court, five Courts of Civil Appeals, a Criminal Court of Appeals, fifty-four District Courts, one County Court for each organized county, one Commissioners' Court for each organized county, and in Courts of Justices of the Peace.

The Supreme Court has appellate jurisdiction co-extensive with the limits of the State, which extends to questions of law arising in all civil cases of which the Courts of Civil Appeals have appellate but not final jurisdiction. It sits at Austin, its terms beginning the first Monday in October and ending the last of June.

The Court of Criminal Appeals sits at Austin from the first Monday in April until the last of June. At Dallas from first Monday in January until the last of March. At Tyler from the first Monday in October until the last of December.. The Court of Criminal Appeals has appellate jurisdiction co-extensive with the limits of the State in all criminal cases of whatever grade, except cases which have been appealed from Justices', Mayors' or other inferior courts to the County Courts, in which the judgment rendered or fine imposed by the County Courts does not exceed $100, exclusive of costs. In such cases the judgment of the County Courts are final.

The Courts of Civil Appeals are in session from the first Monday in September until the first Monday in July. The State is divided into five Supreme Judicial Districts. The court of the first district is held at Galveston; of the second district at Fort Worth; of the third district at Austin; of the fourth district at San Antonio, and of the fifth district at Dallas. The appellate jurisdiction of the Courts of Civil Appeals extends to civil cases within the limits of their respective districts, of which the District Court has original or appellate jurisdiction, or of which the County Court has original or appellate jurisdiction when the judgment or amount in controversy shall exceed one hundred dollars exclusive of interest and costs.

The State is divided into fifty-four judicial districts in which are elected judges of the District Courts, whose terms are four years. In most of the districts.there are two terms of court held each year. In the others three terms are held each year.

The District Courts have original jurisdiction of all criminal cases of the grade of felony; all suits in behalf of the State to recover penalties, forfeitures and escheats; divorce cases; all misdemeanors involving official misconduct; suits to recover damages for slander or defamation of character; suits for the trial of title to land and enforcement of liens thereon; suits for the trial of the right of property levied upon by virtue of any writ of execution, sequestration, or attachment when the property levied upon shall be equal to or exceed five hundred dollars in value; of all suits or complaints or pleas whatever, without regard to any distinction between law and equity, when the matter in controversy shall be valued at or amount to five hundred dollars exclusive of interest; of contested elections; and said Court and judges thereof have power to issue writs of habeas corpus, mandamus, injunction, and certiorari, and all writs necessary to enforce their jurisdiction. The District Courts have appellate jurisdiction and general control in probate matters over the County Court established in each county; and have appellate jurisdiction and general supervisory control over the County Commissioner's Court: and general original jurisdiction over all causes of action whatever for which a remedy or jurisdiction is not provided by law or the Constitution, and such other jurisdiction, original and appellate, as may be provided by law.

In each organized county there is a County Court, presided over by a judge, whose term of office is two years.

The County Court of each county must hold at least four terms for civil and criminal business annually. County Courts have original jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the Justices' Courts, and when the fine to be imposed shall exceed two hundred dollars; and they have exclusive jurisdiction in all civil cases when the matter in controversy exceeds in value two hundred dollars and does. not exceed five hundred, exclusive of interest; and concurrent with the District Courts when the matter in controversy exceeds five hundred dollars and does not exceed one thousand, exclusive of interest; but do not have jurisdiction of suits for the recovery of land. They have appellate jurisdiction in cases civil and criminal of which Justices Courts have original jurisdiction, but of such civil cases only when the judgment of the court appealed from shall exceed twenty dollars, exclusive of costs. The County Courts have the general jurisdiction of Probate Courts.

Justices' Courts have jurisdiction in criminal matters of all cases where the penalty or fine to be imposed by law may not be more than for two hundred dollars, and in civil matters of all cases where the amount in controversy is two hundred dollars or less, exclusive of interest, of which original jurisdiction is not given to the District or County Courts.

The County Commissioners' Court is charged with the duty of attending to county business such as levying taxes, looking after county finances, opening public roads, designating school districts, etc.

No estate of inheritance or freehold, or for a term of more than one year, in lands and tenements, can be conveyed except in writing, subscribed and delivered by the party disposing of the same, or his agent, thereunto authorized by writing.

The deed must be signed or acknowledged by the grantor in the presence of at least two credible witnesses thereto subscribing; or must be duly acknowledged before some officer authorized to take acknowledgments, which Acknowledgment must be endorsed on said instrument, and properly certified to by him for registration. No instrument can be recorded unless duly acknowledged by the grantor, or its execution is proved by one of the two subscribing witnesses. If a married woman joins in the conveyance her acknowledgment must be taken by such officer privily and apart from her husband.

X. DEPOSITIONS:

Either party to a suit may have the testimony of any witness taken by deposition, but must first file in the case notice of his intention to apply for a commission to take the answers of the witness to interrogatories attached to such notice; and a copy thereof and of the attached interrogatories must be served upon the adverse party, or his attorney of record, five days before the issuance of a commission. When one party files interrogatories the opposite party may file cross-interrogatories at any time before the commission issues, and a copy of the same must accompany the direct interrogatories and be answered. After service of notice has been completed the clerk of the court in which the interrogatories have been filed must issue a commission to take the deposition of the witness named in the notice.

XI. DESCENT:

When any person, having title to any estate of inheritance, real, personal, or mixed, shall die intestate as to such estate, and shall leave no surviving husband or wife, it shall descend and pass in parcenary to the children and their descendants, if any there be, then to the father and