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respectively for contracts and debts of the corporation. If the capital stock is withdrawn and refunded to the stockholders before the full payment of its debts said stockholders shall be personally liable for such debts to the amount so refunded.

VI. BOOKS AND RECORDS:

The clerk shall keep in the town where the corporation has its principal place of business a book containing a record of articles of the association, the number of shares held by each person, amount paid in by each, the time when they became owners, and the time and a record of transfers. All books of the corporation are subject to the inspection of the stockholders at the annual meeting and other reasonable times.

VII. DISSOLUTION:

Corporations are subject to future legislation and to dissolution by order of the Supreme Court or by decree in chancery upon vote of one-fourth the capital stock for proper cause shown.

VIII. FOREIGN CORPORATIONS:

There are no statutes relating to foreign corporations engaged in manufacturing, mercantile, mining or quarrying business, or in similar business, as to the method of their entering or doing business in the State, and they are allowed to do business without interference or regulation. This does not apply to insurance companies or banking institutions.

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All writings which are to be admitted to record (except conditional sales of personal property) must be acknowledged or proved by the oath of two witnesses before a clerk of the Circuit, County, or Corporation Court, or a justice, commissioner in chancery of a court of record. notary public, commissioner appointed by the Governof of Virginia for another state, clerk of a court of record within the United States, minister plenipotentiary, charge d'affaires, consul general, consul, vice consul, or a commercial agent appointed by the Government of the United States to any foreign country: or before the proper officer of any court of any such country, or the mayor or other chief magistrate of any city, town, or corporation therein. Where the acknowledgment or proof is before an officer not residing in the United States he must certify the same under his official seal.

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of contract, express or implied, or damages for a wrong, and the defendant is a non-resident of the State, or is removing his effects out of the State, or is conveying or assigning his property with intent to hinder, delay, or defraud his creditors, an attachment may issue to seize the property of the defendant.

Whether the claim be payable or not, an attachment may be sued out against a debtor removing, or about to remove, his effects out of the State; also in certain cases for rent, and in certain others against vessels, boats, river craft, etc.

Chattel mortgages can be made, but unless recorded are void as to creditors, etc., against an attachment.

There must be property of a non-resident defendant which can be and is actually levied on, to give jurisdiction.

V. CLAIMS AGAINST ESTATES:

Where not evidenced by writing signed by the decedent, they must be proved to the satisfaction of the commissioner of accounts; the affidavit of a disinterested person is usually sufficient. All claims must be proved or suits brought upon them within five years from the qualification of decedent's personal representative; or if the right of action shall not have accrued at the time of decedent's death, within five years from the time it accrues.

VI. COURTS:

County Courts have jurisdiction of criminal business, probate of wills, appointment of administrators and guardians, opening roads, etc., and of removals and appeals from justices of the peace. They meet monthly on a day prescribed by the judge of the court.

Circuit Courts have jurisdiction of all civil matters. Where the demand is merely pecuniary it must exceed twenty dollars. They have appellate jurisdiction from the County Court. Their terms are prescribed by the Legislature. Some Circuit Courts are held twice a year, some three times, and some four times.

The Supreme Court of Appeals has appellate jurisdiction only, except in cases of mandamus, prohibition and habeas corpus. Where the matter in controversy is wholly pecuniary it must not be less than five hundred dollars.

Clerk of court, per 100 words in articles.. Secretary of Commonwealth...

Tax, or $5,000 capital stock and under. $ 5,000 to $ 10,000

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Clerks' and sheriffs' fees, from $6.00 to.. Incorporation:

10.00

.20

.20

5.00

10.00

15.00

25.00

40.00

65.00

90.00

115.00

150.00

200.00

.10

1.00

2.10

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Probate: recording, per 100 words.. Tax on property, each $1,000.. Protest: expenses and..

Sheriff: contingent.

VIII. DEEDS:

When voluntary, are void only as to existing creditors. If set aside as fraudulent, the grantor may claim homestead exemption. No estate of inheritance or freehold,

or for a term of more than five years in lands, shall be conveyed except by deed or will. Voluntary partition by co-parceners can be made only by deed.

IX. DEPOSITIONS:

Depositions are taken in all chancery and common law suits where the witnesses reside out of the State, more than one hundred miles from the place of trial, or are aged or infirm. Reasonable notice must be given of the time and place of taking the same.

They may be taken before a justice of the peace, notary public, commissioner in chancery, or a commissioner appointed by the Governor of this State in another state. No commission is necessary to take depositions. Depositions may be taken to perpetuate testimony, under certain proceedings described by the code; and also may be taken in a foreign country by any person that the parties may agree upon in writing, or by any person authorized to take acknowledgments of deeds in such foreign country.

X. DESCENT:

Real and personal estate descends: 1. To children and their descendants. 2. If none such, to the father. 3. To the mother, brothers, and sisters, and their descendants. 4. If none such, then one moiety to the paternal, and the other to the maternal kin in upward and collateral order. If an infant dies having real estate derived from a parent, the land goes to the kindred on the side of that parent.

A purchaser of land from an heir or devisee before a commissioner's report of the ancestor's or testator's debts is filed, is protected against the claims of ancestor's or testator's creditors if the purchase is made more than twelve months after his death.

XI. EXECUTIONS:

Executions may issue at any time within one year, and scire facías, or action to revive judgments, within ten. When an execution has issued within the year, other executions may be issued, or a scire facias or an action may be brought within ten years from the return day of an execution on which there is no return by an officer; or within twenty years from the return day of an execution on which there is such return, except that against the personal representative of a decedent it must be sued out within five years after qualification as such.

Any endorsement by an officer, upon a writ of execution which shows that the amount for which it issued has not been made, is sufficient to give twenty years in which another execution may issue.

XII. EXEMPTIONS:

Personal property: Bible, family pictures, and books to the value of one hundred dollars; pew in church, burial - lot, beds and bedding for family, various articles of housekeeping, and sewing machine; mechanic's tools to the value of one hundred dollars; by seaman or fisherman his boat to the value of two hundred dollars: farmer, one yoke of oxen or pair of mules and farming utensils. XIII. HOMESTEAD:

A householder, the head of a family, is entitled to have real and personal property exempt from sale under execution to the value of two thousand dollars, excepting for a debt incurred for the purchase of such real or personal property, rent, services rendered by a laboring person or mechanic, liabilities incurred by any public officer or officer of court, or any fiduciary or attorney for money collected, for taxes, for the legal or taxable fees of any public officer or officer of a court, or for any debt or liability on contract as to which debtor has waived his homestead exemption. All wages, also, not exceeding fifty dollars a month, are exempt. The homestead claimed to be exempt must be described in a writing signed by the householder and duly admitted to record in the county or corporation wherein the property claimed is located. A debtor cannot squander one homestead and take another.

A laborer's wages to the extent of fifty dollars a month are absolutely exempt, and such exemption cannot be waived so as to make execution a lien on the same. XIV. INTEREST AND USURY:

The legal rate of interest is six per cent per annum. All contracts for more are void except as to principal. Interest is not allowed if bond is usurious on its face, though usury may not be pleaded. No corporation can plead usury.

XV. JUDGMENTS:

Judgments are liens on real estate possessed by debtor at or after the date of judgment; or if judgment be rendered in term in a case docketed at the beginning of the term, at or after the first day of the term. They are liens as against purchasers without notice, if docketed within twenty days from their date, or fifteen days before conveyance is made. Docketing is held to be conclusive notice to all the world. Judgments cannot be enforced in equity if barred at law. Where the liens of two or more judgments commence the same day, the creditors share ratably.

XVI. LIENS:

Any person performing labor or furnishing materials for the construction, repair, or improvement of any property or building, is entitled, under the law of Virginia, to a lien on the whole of same, or sufficient to cover the value of labor performed or material furnished. The contract, in writing, is required to be recorded in the county or corporation wherein the land lies, within thirty days from the completion of the building or from the time that work thereon is otherwise terminated. Liens remain in force but six months from the time the money to be paid is due, unless suit in equity to enforce the lien is instituted within the six months. In a suit in equity the lien also enures to the benefit of persons to whom the holder of the lien is indebted for materials or labor, provided they give notice in writing to the owner of such claim against the general contractor before he is paid, Crop liens must be recorded in the office of the clerk of the county.

XVII. LIMITATIONS:

Actions upon an indemnifying bond, or bond of executor, administrator, guardian, curator, committee, sheriff or sergeant, deputy sheriff or sergeant, clerk or deputy clerk, or any other fiduciary or public officer, or on any contract under seal, must be brought within ten years on an award or contract in writing signed by the party to be charged thereby, within five years. On a retail store account, within two years. On any other contract within three years.

If the creditor is an infant, a married woman, or insane, the period of such limitation is additional, excepting that in all cases the action must be brought within twenty years. All real actions must be entered within fifteen years, east of the Alleghany Mountains; and within ten years, west of the same. No new promise will take an obligation out of these periods unless in writing. Plea of limitation on any action must be entered by the defendant; the court cannot enter such plea for him. XVIII. MARRIED WOMEN: .

The real and personal property of any female married after April 4, 1877, owned at the time of her marriage, and the rents, issues and profits thereof, and any property, real or personal, acquired by a married woman during coverture, is not subject to the disposal of her husband or liable for his debts, but is her separate and sole property.

Any such married woman has power to contract in relation theretó or for the disposal thereof, and may sue and be sued as if she were a femme sole. Equity will not compel the specific performance of a contract to convey her separate real estate; and her husband must be joined with her in a suit to recover her property.

XIX. MORTGAGES:

Mortgages on real estate must be recorded in the office of the clerk of the county or corporation wherein such property is situate. A deed absolute on its face may be shown by parole proof to be a mortgage.

XX. NOTES AND BILLS:

Where a bill of exchange drawn or indorsed within this State is protested, the party liable for the principal of such bill shall, in addition, pay damages upon the principal at the rate of three per cent if the bill be payable out of Virginia and within the United States, and ten per cent if payable without the United States. On all negotiable notes and bills payable at a future day, grace is allowed according to custom of merchants. No grace on side drafts. Legal holidays, which are January 1st, January 19th (Lee's birthday), February 22nd, July 4th, December 25th, and any day appointed by the President of the United States or Governor of the State as a day of thanksgiving, fasting, and prayer, or other religious observance, shall. for all purposes as regards presenting for payment or acceptance and of the protesting and giving notice of the dishonor of bills, bank checks and promissory notes, be treated as the first day of the week (Sunday) and as public holidays. Whenever one of these legal holidays falls on Sunday, the Monday next following shall be a legal holiday. All bills, notes, checks, and other negotiable instruments, which, by their tenor. are presented on a legal holiday, shall become due and be presented on the secular, or business day next preceding. The sale of negotiable paper at a greater discount than six per cent by a broker to an innocent purchaser is not usury. The endorser of negotiable paper is not bound by a notice of protest left with a servant. XXI. SUITS:

Are begun by a summons issued by the clerk of court returnable within ninety days to a rule day, and must be entered at least fifteen days before the term of the court. There is a tax on every summons beginning a suit at common law of not less than one dollar, and ten cents on every hundred dollars or fractional part thereof in excess of five hundred dollars; also on every chancery suit a tax of one dollar and fifty cents, and on appeals a tax of six dollars.

XXII. WILLS:

Must be in writing signed by the testator, or by some other person in his presence and by his direction, in such a manner as to make it manifest that the name is intended as his signature. Unless wholly written by the testator, the will must be acknowledged by him in the presence of at least two competent witnesses present at the same time, and such witnesses shall subscribe the will in the presence of the testator. No form of attestation shall be necessary.

Marriage revokes a will, except one made in the exercise of a power of appointment. Revocation, except by marriage, must be by writing executed in the same manner in which a will is required to be executed, or by cutting, tearing, burning, obliterating, cancelling, or destroying the same, or the signature thereto, with the intent to revoke.

Circuit, County, and Corporation Courts have jurisdiction of the probate of wills. A contract to leave a legacy by will is valid.

CORPORATIONS.

I. ORGANIZATION:

The Legislature may grant charters for any purpose. The Circuit and Corporation Courts and judges thereof, in vacation, may grant charters to five or more persons, who desire to form a joint-stock company for the conduct of any enterprise or business which may be lawfully conducted by an individual or by a body politic or corporate, except to construct a turnpike to be constructed beyond the limits of the county, or a railroad, street railway or canal, or to establish a bank of circulåtion. Application for incorporation to a court must be signed by five or more persons, and acknowledged by them before a justice, notary, judge or clerk of said court, and must set forth: 1. The name of the company. 2. Purpose for which it is formed. 3. Capital stock and its division into shares. 4. Amount of real estate proposed to be held. 5. The place at which principal office is to be kept. 6. The chief business to be transacted. 7. The names and residences of the officers who for the first year are to manage the affairs of the company. This certificate must be presented to the Circuit or Corporation Court of the county or city in which the principal office is to be, which may grant, amend or refuse the charter. If granted, the charter must first be recorded in the charter-book of the court, and then certified to the Secretary of the Commonwealth, who also records it. No company can organize until a copy of the charter is so lodged with the Secretary of the Commonwealth. Charters granted by the Legislature are forfeited if the company does not organize in two years from passage of the charter, or if after organization it suspends its operation for two years. Charters of mining and manufacturing companies expire thirty years after date.

A tax or fee must be paid on every charter, whether granted by a Legislature, court or judge, before it is "operative or effectual for any purpose whatever." The fee is graduated according to maximum capital stock. If no maximum is named in the charter, the fee is two hundred dollars. (See "VII. Fees.")

A company may adopt any by-laws which are not inconsistent with the charter or the general laws of the State.

Every company incorporated by this State or by another state, and doing business in it (except insurance companies incorporated by another state), must have an office in this State at which claims against it due residents can be audited, settled and paid. II. MEETINGS AND ELECTIONS:

The

Annual meetings of stockholders are required. time may be fixed by charter or by the stockholders in general meetings. Either the board of directors or stockholders owning one-tenth of the capital stock may call a general meeting at any time by publication for thirty days in some newspaper published in or near the place where meeting is to be held.

President and directors are elected by stockholders, except so far as named in the charter, or to fill a vacancy, which last the directors may do. They can receive no compensation, unless allowed by the stockholders. III. BOOKS AND RECORDS:

The board of directors is required to have regular books of accounts kept and balanced annually or semi-annually and to make annual reports to the stockholders of the receipts disbursements and condition of the company. IV. STOCKS AND DIVIDENDS:

Two dollars per share shall be paid on all stock at time of subscription, and the residue as required by the president and directors.

The persons in whose names the shares stand on the books of the company are deemed the owners, as regards the company. Dividends shall be applied to any indebtedness of a stockholder to the company. Stock is not assignable without the company's consent until all assessments have been paid. When assigned, assignor and assignee are both liable for past and future assessments.

Stockholders are not liable to the creditors of a company for more than the amount of their subscriptions. Directors are required to declare semi-annually dividends of so much of the net profits as they deem it prudent to do. They are personally liable to the company's creditors if they declare a dividend of any part of the capital stock.

V. FOREIGN CORPORATIONS:

Every company incorporated by another state is required to record in the county where its office is, and also to have transmitted to the Secretary of the Commonwealth its charter and a power of attorney appointing some person residing in such county an agent on whom all lawful process against such company may be served. All mining and manufacturing companies chartered elsewhere can do business in this State and acquire, lease, sell, mortgage, and convey real estate or interests therein and personal property suitable for their business; except they cannot at one time hold more than ten thousand acres of land in any one county. Such companies must pay the fees required of companies chartered in the State before they can do business here.

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Acknowledgments of deeds, mortgages, and other written instruments may be taken in this State before a judge of the Supreme or Superior Court, a clerk of either of said courts or his deputy, a justice of the peace, a county auditor or his deputy, or a notary public. Outside of this State, deeds to property situated within this State may be acknowledged before any officer authorized to take acknowledgments of deeds by the laws of the state or territory of the United States wherein the acknowledgment is taken, or before any commissioner appointed by the Governor of this State for that purpose. Acknowledgments of deeds to property in Washington made without the territorial limits of the United States are legal if made before any minister plenipotentiary, secretary of legation, charge d'affaires, consul general, consul, vice consul, or commercial agent of the United States, or before the proper officer of any court of said country, or before the mayor or other chief magistrate of any city, town, or other municipal corporation therein. It is not necessary for a wife to be examined separately

WASHINGTON LAWS.

and apart from her husband by the certifying officer
before making the certificate, except in case of mortgage
of homestead.

Deeds by Indians must be acknowledged before a judge
of a court of record, who shall certify that he explained
to the grantor the contents of said deed and the effect
of signing the instrument, and the judge shall examine
and approve the deed or other instrument.

II. ALIENS:

The ownership of lands by aliens other than those who in good faith have declared their intention to become citizens of the United States is prohibited, except where acquired by inheritance, under mortgage, or in good faith in the ordinary course of justice in the collection of debts. Conveyances made to aliens or in trust for aliens made subsequent to the admission of the State are void. This prohibition does not apply to land containing valuable deposits of minerals, metals, iron, coal, or fire clay, and the necessary land for mills and machinery to be used in the development thereof, and the manufacture of the products therefrom.

Every corporation, the majority of the capital stock of which is owned by aliens, shall be considered an alien. Indians who now hold, or may hold, any of the lands of any reservation in severalty, located in this State, by virtue of treaty have power to lease, incumber, grant, and alienate in same manner and with like effect as any other person.

III. ASSIGNMENTS:

"No general assignment of property by an insolvent, or in contemplation of insolvency, for the benefit of creditors, shall be valid unless it be made for the benefit of all his creditors in proportion to the amount of their respective claims; and after the payment of the costs and disbursements thereof, including the attorneys' fees allowed by law in case of judgment, out of the estate of the insolvent, such claim or claims shall be deemed as presented and shall share pro rata with other claims as hereinafter provided."-Sec. 2741, 2, Hill's Code, as amended, 1893.

In case of an assignment for the benefit of all creditors, assent of creditors is presumed. be in writing, duly acknowledged as are deeds of real estate, and recorded in the record of deeds of the county The assignment shall where the person making assignment resides, or the business in respect to which the same is made is carried on. Assignee may be selected by creditors at a meeting held for that purpose, or, in default of such, be appointed by a Superior Court judge.

The assignee shall give a bond to the State of Washington in double the amount of the inventory and valuation, with two or more sufficient sureties to be approved by the clerk, for the faithful performance of his trust, and shall file said bond, with a true inventory and valuation of said estate, with the clerk.

No creditor shall be entitled to vote at an election of assignee until he shall have presented to the clerk who shall preside at such meeting a verified statement of his claim against the debtor.

The assignee shall at once give notice by publication in a newspaper of the said county for six weeks, and shall send a notice by mail to each creditor of whom he shall be informed, directing such creditors to present their claims, under oath, within three months thereafter.

At the expiration of three months from the first publication of said notice, the assignee shall file with the clerk a true and full list of all such creditors of the assignor as shall have claims to be such. Any person interested may appear within three months after the filing of such report, and file with the clerk any exceptions to the claim or demand of any creditor, and the clerk shall forthwith notify such creditor. term thereafter the court shall hear the proof and allegations of the parties in the premises and render judgAt the next ment therein.

The court may from time to time order dividends made of the assets in the assignee's hands, and said assignee shall at all times be subject to the order of the judge. Creditors may claim debts to become due as well as those due, but on those not due a reasonable abatement shall be made when not drawing interest, and all creditors who shall not exhibit their claims within the term of three months from the publication of notice as aforesaid, shall not participate in the dividends until after the payment in full of all claims presented within said term and allowed by the court.

IV. ATTACHMENTS:

The plaintiff may attach the real or personal property of all or any of the defendants, and it is the duty of the clerk of the court to issue a writ of attachment at the time of commencing an action or afterward, upon filing with the county clerk the affidavit of the plaintiff or some one in his behalf, showing that the said defendant or defendants are indebted to the plaintiff (specifying the amount over and above all just credits and offsets), and that the attachment is not sought and the action is not prosecuted to hinder, delay or defraud any creditor of the defendant, and either (1) that the defendant is a foreign corporation; (2) that the defendant is not a resi

dent of this State; (3) that the defendant conceals himself so that the ordinary process of law cannot be served upon him; (4) that the defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of law cannot be served upon him; (5) that the defendant has removed or is about to remove any of his property from this State, with intent to delay or defraud his creditors; (6) that the defendant has assigned, secreted or disposed of, or is about to assign, secrete his property, with intent to delay or defraud his creditors; (7) that the defendant is about to convert his propor dispose of, any of erty, or a part thereof, into money, for the purpose of placing it beyond the reach of his creditors; (8) that the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought; or (9) that the damages for which the action is brought are for injuries arising from the commission of some felony, or for the seduction of some female.

An action may be commenced and an attachment issued upon a debt not due when the affidavit states that nothing but time is wanting to fix an absolute indebtedness and in addition thereto: (1) that the defendant is about to dispose of his property with intent to defraud his creditors; (2) that the defendant is about to remove from the State, and refuses to make any arrangements for securing the payment of the debt when it falls due, and which contemplated removal was not known to the plaintiff at the time the debt was contracted; (3) that the defendant has disposed of his property, in whole or in part, with intent to defraud his creditors; or (4) that the debt was incurred for property obtained under false pretenses.

No attachment shall be issued until the plaintiff or some one in his behalf shall file with the clerk a bond in a sum not less than three hundred dollars in the Superior Court, or of fifty dollars in the Justice Court, in addition to double the amount for which plaintiff demands judgment, conditioned that plaintiff will prosecute his action without delay and pay all costs and damages sustained by reason of the attachment, not exceeding the amount specified in the bond, should the same be wrongfully sued cut.

V. CLAIMS AGAINST ESTATES:

It is the duty of the executor or administrator, as soon as appointed and qualified, to publish a notice to the creditors to present their verified claims against the estate. Claims must be presented within one year from the date of the first publication of notice or they will be barred. If a claim is rejected by the executor, administrator or court, suit must be brought on within three months thereafter, or the same is barred by statute. the same

Debts are paid in the following order: 1. Funeral expenses. 2. Expenses of last sickness. preference by the laws of the United States. 4. Taxes or any dues to the State. 5. Judgments rendered against the 3. Debts having deceased in his lifetime have issued at the time of his death; and mortgages in on which the order of their date. executions might the estate. 6. All other demands against

VI. COURTS:

The Supreme Court is always open for the transaction of business, except on non-judicial days. Holds regular sessions at the seat of government for hearing causes, commencing on the second Mondays of January, May and October of each year, and special sessions at such other times as the justices thereof may prescribe. The jurisdiction of the Supreme Court is original in habeas corpus, quo warranto and mandamus as to all State offices; and it has appellate jurisdiction in all actions and proceedings, except in civil actions at law for the recovery of money or personal property, when the original amount in controversy does not exceed two hundred dollars. unless the action involves the legality of a tax, impost. assessment, statute; and has also jurisdiction to issue writs of toll, municipal fine damus, review, prohibition, habeas corpus, certiorari, or the validity and all other writs necessary and proper to the comof a manplete exercise of its appellate and revisory jurisdiction. Each of the judges has power to issue writs of habeas corpus to any part of the State upon petition, and may make such writ returnable before himself or before the Supreme Court, or any Superior Court of the State, or any judge thereof.

Superior Courts are courts of record and have original jurisdiction in all cases of equity, and in all cases at law which involve the title or possession of real property, the legality of any tax, impost, assessment, toll or municipal fine: all other cases in which the demand or value of the property in controversy amounts to one hundred dollars: all criminal cases amounting to a felony; and all cases of misdemeanor not otherwise provided for by law: tions of forcible entry and detainer; proceedings solvency: actions to prevent or abate a nuisance: all of ters of probate, divorce and for annulment of marriage. and of all cases and proceedings which are not by law vested in some other court. Have appellate jurisdiction Su

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in

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from the inferior courts of their respective counties.

perior Courts are always open except on non-judicial days, holding their sessions at the county seats of the respective counties, at such times as may be prescribed by the judge or judges thereof. A judge of the Superior Court may hold court in any county of the State at the request of the judge of said court for such county, and upon the request of the Governor, it shall be his duty to do so.

Courts of Justices of the Peace are not courts of record; their jurisdiction extends to all civil actions at law for the recovery of money or personal property where the amount in controversy is less than one hundred dollars, except the following: In which the title to real property is brought in question; an action for the foreclosure of a mortgage or enforcement of a lien on real estate; actions for false imprisonment, libel, slander, malicious prosecution, criminal conversation, or seduction; actions against exécutor or administrator as such. Nor does it extend to any equitable proceedings. The jurisdiction of the justice is co-extensive with the limits of his county, but he must keep his office in the precinct for which elected. Justices' Courts have limited criminal jurisdiction.

Municipal Courts exist in all incorporated cities in the State having a population of twenty thousand and over, of which the jurisdiction is entirely criminal.

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All conveyances of real estate, or any interest therein, and all contracts creating or evidencing any encumbrance upon real estate, shall be by deed.

All deeds of gift, all conveyances, transfers or assignments, verbal or written, of goods, chattels, or things in action, made in trust or for the use of the person making the same shall be void as against existing or subsequent creditors of such person. No contract for the sale of any goods, wares or merchandise, for the price of fifty dollars or more shall be good and valid unless the purchaser shall accept and receive a part of the goods so sold, or shall give something in earnest to bind the bargain, or in part payment, or unless some note or memorandum in writing of the bargain be made and signed by the party to be charged thereby, or by some person thereunto by him lawfully authorized. No bill of sale for the transfer of personal property shall be valid where the property is left in the possession of vendor, unless the said bill of sale be recorded in the auditor's office of the county in which the property is situated within ten days after such sale shall be made. (See "XVIII. Married Women.") A deed shall be in writing, signed by the party bound thereby, and acknowledged by the party making it, before some person authorized by the laws of this State to take acknowledgments of deeds. Seals to signatures, and witnesses are not necessary. All deeds and mortgages shall be recorded in the office of the county auditor

of the county in which the property is situated and shall be valid as against all purchasers from the date of filing and indexing in said office, and when so filed and indexed shall be notice to all the world.

IX. DEPOSITIONS:

Depositions may be taken, to be read in an action or proceeding pending in any court in this State in the following cases: 1. When the witness resides out of the county and more than twenty miles from the place of trial. 2. When the witness is about to leave the county and go more than twenty miles from the place of trial and there is a probability that he will continue absent when the testimony is required. 3. When the witness is sick, infirm or aged, so as to make it probable that he will not be able to attend at the trial. 4. When the witness resides out of the State.

Either party may commence taking depositions at any time after service of summons on defendant. Depositions may be taken in this State before any judge of the Superior Court, justice of the peace, clerk of the Supreme or Superior Court, mayor of a city, or notary public by serving on the adverse party or his attorney notice of the time and place of taking the same.

Depositions without the State: Depositions may be taken out of the State by a judge, justice, chancellor or clerk of any court of record, a justice of the peace, notary public, mayor or chief magistrate of any city or town, or any person authorized by a special commission from any court of this State. Any Superior Court of this State may grant a commission to take depositions within or out of this State, upon a proper application made therefor by the party desiring same, made upon notice to the adverse party. Such deposition shall be taken upon interrogatories settled by the judge at the time of granting the commission and the interrogatories shall be attached to the commission, which shall be forwarded by the clerk to the commissioner.

Depositions may be used by either party upon the trial or other proceeding against any party having or receiving the notice, subject to legal exceptions. If it appear at the trial that the reason no longer exists for the taking of said deposition, it shall not be read in evidence, unless another cause exists.

X. DESCENT:

Subject to debts as follows: Equally to surviving husband or wife, and child, or issue of such child; if more than one child living, or one child living and the lawful issue of one or more deceased children, one-third to surviving husband or wife, and the remainder in equal shares to children to lawful issue of any deceased child by right of representation; if there be no child of the decedent living at his death, the remainder goes to all lineal descendants equally, if all such are in the same degree of kindred to the decedent; otherwise by representation.

If decedent leaves no issue, the estate goes equally to the surviving husband or wife, and to decedent's father and mother if both survive; but if such are dead then one-half equally to the brothers and sisters of decedent, and the children of such, by right of representation. If decedent leaves no issue, nor husband nor wife, the estate must go to his father and mother.

If there be no issue, neither husband, wife, father, nor mother, equally to the brothers and sisters of the decedent, and to the children of such deceased, by representation. If the decedent leaves a surviving husband or wife, and neither issue, nor paternal or fraternal kin, the whole estate goes to the surviving husband or wife. The estate goes to the next of kin, through the nearest ancestor in equal degree, when there is no issue, husband, wife, father, mother, brother or sister.

If no kindred, the estate escheats. One-half of the community property, upon the death of either husband or wife, goes to the survivor subject to community debts, the other half is subject to the testamentary disposition and descent.

Personal property, after payment of the debts of the deceased is distributed upon the death of a husband or wife, one-half to the surviving spouse and the balance to the issue: if there be no issue, then the whole of it to the surviving spouse. If no surviving spouse or kindred, the property escheats to the State.

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The party in whose favor judgment has been given or entered in this State in any court of record thereof may have execution issued for collection or enforcement of same: providing, that if a period of five years shall have elapsed without an execution being issued on such judgment, then execution shall not issue thereafter until such judgment shall be renewed.

Execution may issue: 1. Against the property of judgment debtor. 2. Against his person. 3. For the delivery of the possession of real or personal property with or without damages for withholding same. 4. Commanding the enforcement or obedience to any special order of court. In all cases there shall be an order to collect costs. Execution may be issued for the collection or enforcement of judgment and directed to the sheriff of any county in the State, provided that if the judgment re

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