The American lawyer, and business-man's form book; containing forms and instructions for contracts, arbitration and award, assignments, &c. ...

PRESENTED TO THE ENGLISH LIBRARY OF THE UNIVERSITY OF MICHIGAN BY 14~h n~a

AMERjABI LA&Wg AND For C-ontr acts, Arbitration and Award, Assignment., Chattel Mortgages, Bills of Sale, Bill of Lading, Bonds, Exchange, Drafts, Pi'omissory Notes, Orders, Receipts, Due-Bills, Conveyances, Deeds, Mortgages, Indentures, Satisfactions, Releases, Dower, Leases, Landlord's and Tenant'Agreements, Composition with Creditors, Charter of Vessels, Building, Letters of Credit aind License, Marriage, Articles of Partnershi!, Power of Attorney, Wills and Codicils, Trust Formns, Barter, Liabilities of Common Carriers maid of Minors, Nlatcurilization, Pre-Empti.o Rights on Public Lands, Rights to sMiitariy sotunty Land, Copyright lais, Regulations asnd Forms for obtaining 1Pateatc, Custosmhozlse Regulations, Domestic and Foreign Rates of Postage, A System of, Sook-sCeeping, Iterest Tables, Equation Time Table, Interest and iMensuration Ru9s Wecights amd AMeasurea of d{f4erent CounZtres, Value of Gold ind Silver CoiS., 4CG. TOGETHIE WI'T ON HOUSETOLD AND HOMESTEAD EXEMPTIONS FROM EXECUTION, DREEBS, ACKNOWLEDGMENT OF DEEDS, MECHANICS' LIEN, COLLECTION OF DEBTS, LIMITATION OF ACTIONS, REGULATING CONTRACTS, CHATTEL MIIORTGAGES, RIGHTS OF MARRIED WOMEN, DOWtER, RATES OF INTEREST, USJRY, AND WILLS; AND PA, AATB SEAL DF EXAI STATE IN BT1 TEiU?I'X BY DELOS W; BEADLE, A. M., ATTORNEY AND COiUNSELLOOR AT LAWo N EW YO R K PUBLISHED BY PHELPS, FANNING, & CO 195 BROADWAY. CINCNNATI: A, RANNEY, 34 EAST THIRD ST. 1852.

tez aymenlwruttle SXcsju3tea im- LdeImS r - 2hxe Am&Tican lawyer and Legal FoTm-Book for Gerrman: s witi: Directlosf, Advice, and Warnings, respecting the Use of the Legal Forms in practical AmericaV Life, and an Exposition of the Differences in the Laws of the several States, comcerning Exemption of Household and other Property from Sale for Debts, Deeds, Mechanics' Lien, Collection of Debts, Limitation of Actions, Laws regilting Con.tracts, Mortgages, Rights of Married Women, Dower, Interest, Wills, &c.; with at Abstract of the Constitution, the Seal, a.d a Map of each State in the Union: to wTlihch is added, the Declarttio i'of Independence, the Constitution of the United States, Naturalization Laws, Postage, &c. By DELOS W. BEADLE, A. M., Advocate. This work has been translated bv an eminent German scholar, and thoroughly revised by practisine German lawyer, and sich alterations and additiosmnzade to the English edition as will make it a rfiabtle g~uide to CGennans wisliri tobecosae acn'qainted with t'he laws embraced in it, and thie leral forms e.nployed in the transaction of business in tiia: country,.Sl1 It/ FEorns areprinted in both Getnan and E.nglish. Entered according to Act of Congress, in the year 1851, BY I-. PHELPS & CO., fi the ~lek'a Office of tre District Court of the United Statea, in aad f the Soutlhen1 District of New York. ITEREOQTYPED 1'7 C. C. SAVAEB, 13 Chambers Street, N. Y. ISINTED BY GROSSMAN A s0OF 69 d4n S., sNew Ykr

TO THE PURCHASER. tIrs book which we now offer you is emphatically a manual for thA guidance of any and every man in business transactions, in a manner ptescribed by law and the tisages of trade. But in addition to this, it embodies an array of practical ihformation which makes it a most valuable riference-book to the business man; and we assume that the world is not in possession of its equal in point of FUtLNESS and connTUcTrNs. It haa been prepared by a lawyer of high character and standing in the city of New York, whose professional reputation is a sufficient guaranty for its accuracy, assisted by a business-man well acquainted with the wants of the community, Which this work is intended to supply. In presenting its claims to public favor, we do not address ourselves as is usual " to the Reader," but " to the Purchaser," for we do not expect any man to read it through, but to use it as a reference-book, not only that his business may be done in a form that shall secure his legal rights, but also to ascertain what protection the laws of the states afford him in the prosecution of his business. When we ask the business-man to purchase it, we expect him to inquire, "WILL IT PAYx " we answerIT WILL PAY THE CITY WHOLESALE MERCHANT. Your customers are scattered throughout the country, and it is important for you to know the laws of the various States for the Collection of Debts, the kinds of Property Exempt from Attachment, Customhouse Regulations, Foreign Weights and Measures, Liabilities of Common Carriers, Forms of Power of Attorney and of Revoking the same, Agreements, and many other things which the index will show. IT WILL PAY THE CITY RETAILER. We give Forms of Articles of Copartnership, of Leases, Assignment of Policy of Insurance, Notes, Orders, Receipts, Value of Coins, &c.; besides important information on various subjects. IT WILL PAY TIlE COUNTRY MERCHANT. We give you Forms for Bills of Sale, Contracts, Letters of Credit, Ship. ping Bills, Agreement for Sale of Personal Property, Bonds, Book-Keeping, Chattel Mortgages, and a large number of other items adapted to your dai. ly wants. IT WILL PAY THE ATTORNEY. Our book, emanating from one whose legal acumen will not be ques tioned, gives the profession the State Laws for the Collection of Debts. Laws Regulating Conveyances, the Limitation of Actions, Property Exemptions, Rates of Interest, Acknowledgments of Deeds, Statutes of Fraud' Wills, and a long array of forms for drafting business papers.

4 TO THE PURCHASER, IT WILL PAY THE FARMER. We give you Forms for Deeds, Mortgages, Satisfaction of Mortgage Bills of Sale, Cultivation of Land, Sale of Animals with Warranty, Home. stead and other Exemptions, Instructions for obtaining Public Lands of the government, and numerous other forms and information which might be as important to a farmer as his plough. IT WILL PAY THE MECHANIC. Turn to the Lien Laws for the benefit of mechanics, Liabilities of Minors, Indentures for an Apprentice, Articles of Partnership, forms and rules prescribed for securing Patents, Contracts, Assignments: the index will exhibit other subjects equally useful to you. IT WILL PAY THE EMIGRANT. We give you the Laws and Forms regulating Naturalization, Right of settling on United States Public Land, Homestead and other Property Exempt from Sale for Debts in the different States, Rates of Postage to Foreign Countries, Value of Gold and Silver Coins, besides business forms, &co IT WILL PAY EVERY MAN. Look at the array of subjects already mentioned, besides Forms for holding Property in Trust, Promissory Notes, Compounding with Creditors Landlord and Tenant's Agreements, Rights of Married Women, Dowe Rights to Military Bounty Land, Interest Tables, &c., together with another item giving great interest to this work, being a well-delineated MAP OF EACH STATE IN THE UNION, AND A MAP OF THE U. So which Maps alone are worth three times what is asked for the whole work. The special State Laws have been compiled at great labor and expense, from the latest statutes of the various States, so far as they could be reached, and will be found more complete and reliable than anything now before the public. If we have now made it plain that it will be a valuable book to you, we ask you to buy it, not simply to promote our interest, but because we give you in return that information which every nian ought to have at his command. THa PUBLISEaRS. JANUARY 1, 1851. DIELOS W. BISADLIE, ATTORNEY ANCD COUSSELLOR AT LAW, 74 Broadway, New York. REFERENCES. StMbin OREENtEAF LL.D., Boston, Mass. JOHN P. CONVERSE, Esq., Parkman, Ohio. oon. WM. KEItT LL.D., New York City. WM. S. DRIGGS, Esq., Detroit. Mich. JASON STEELE, Esq., Windsor, Vt. TIMOTHY D. CROCKER, Esq., Burlington, Io JONATHAN EDWARDS, Eiq.. San Francisco, Cal

INDEX. Acknowledgment of Wills...... PAGE 163 Bill of Sale, General Form of..... PAGE 48 Acknowledgment of Deeds (see State Of Horse, with Warranty............ 47 Laws). Of Registered or Enrolled Vessel... 48 Actions, Limitation of (see Limitation of Of Vessel to be Recorded............132 Actions). Bonds................................... 52 Affidavits, Forms of..................... 39 Bonds, Forms ofAgreements........................ 9 Of Arbitration.......................22 Agreements, Forms of- Assignment of....................... 2 Gelneral Form of.................... 10 For the Payment of Money.......... 52 For the Sale of Personal Property... 11 For the Payment of Interest......... 53 For Building........,12 Of a Corporation..................... 54 For the Sale ofLand................. 13 To Indemnify a Sheriff............... 54 For Hiring Clerk or Workman....... 14 To Executors........................ 55 For Maling Boots, &c............... 14 For a Deed.......................... 56 For Making Flour-Barrels, &c........ 15 Of Treasurer or Trustee of an AssociFor Sale and Delivery of Wood...... 15 ation........................... 57 For Sale of Stock...................15 Bottomry-Bond.................... 58 For Sale of Goods in Store.......... 16 BookKeeping......................348-51 For Cultivating Land on Shares...... 17 Bounty Lands, Act granting............ 153 For Sale of Horse................... 17 For Sale of Fruit-Trees........... 18 For Barter...........................18 For Sale of Animals.............. 19 For Indenture of Apprentice.........19 For Indenture of Servants........... 20 Building, Agreement for................ 12 Alabama, Map of....................256, 257 Special Laws of.....................255 California, Map of..................334, 335 Animals, Agreement for Sale of.......... 19 Special Laws of.....................33 Apprentice, Indenture of................ 19 Cash-Book, Form of...................351 Arbitration...................... 21 Charter Party, Form of.................. 61 Form of Submission for............ 22 Chattel Mortgages.......46 Form of Bond of.................. 22 Form of..............................49 Arbitrators, Oath of................... 21 Chattel Mortgages, Laws Regulating inAward of........................ 24 Maine, 160; New Hampshire, 168; Arkansas, Map of...................272, 273 Massachusetts. 182; Rhode Island, 188; Special Laws of.....................274 Connecticut, 192; New York, 200; Ma. Assignments...........................25 ryland, 226; North Carolina, 236; S. Assignmenrt, Forms of- Carolina, 240; Georgia, 246; Florida, General Form of.................... 25 252; Mississippi, 259; Tennessee, 280; Of Bond.................. 26 Kentucky. 283; Ohio, 292; Michigan, Of Mortgage..........27 298; Indiana, 305; Illinois, 312; Mis. Of Mortgage, to be endorsed thereon 28 souri,318; Iowa,324; Wisconsin, 329; Of Mortgage, as Collateral Security. 28 California, 336; Texas, 270. Of a Debt............................29 Of Judgment......................... 30 Check or Draft on Bank................. 45 Of Lease............................31 Clerk, Agreement for Hire of............ 14 Of Policy of Insurance.............. 32 Coins, Table of.........................353 For equal Benefit of Creditors....... 32 Collection of Debts (see Debts, Collection For the Benefit of Preferred Creditors 33 of). Of Partnership Property, for Settle- Comnmon Carriers, Liabilities of........12 ment.............................. 36 Connecticut, M ap of.................190, 191 Of a Patent-Right................. 37 Special Laws of.....................192 Constitutional Conventions..............341 Banking and Equation. Table of.........35 Contracts (see Agreements).............. 61 Barter, Agreement for................. 18 Contracts, Law Regulatin..............61 Bills of Exchange...................... 40 Contracts, Laws Regulating in-Maine, Foreign, Forms of.................42-44 160; New Hampshire, 168; Vermont, Domnetic, Forms of................ 45 173; IMassachusetts, 1P2; Rhode Island, Bills of Lading, Form of................. 51 188; Connecticut, 103; New Yorlk,2001 Bil- of Sale........................ 46 New Jersey, 209; Pennsylvania, 216

0 INDEX. Delaware, 219; Virginia, 230; North 1 On a Bank.......... 1......... Carolina, 236; South Carolina, 240; Due-Bills...............................102 Georgia, 246; Florida, 252; Mississippi, 259; Texas, 270; Arkansas, 274; Executors, Bond to................. 55 Tennessee, 280; Kentucky, 283: Ohio, Mortgage to....................... 76 292; Michigan, 299; Indiana, 305; Illi- Deed by............................. 9 nois, 312; Missouri, 318; Iowa, 324; Exemption, Homestead (see Homestead Wisconsin, 329; California, 336. Exemption). Exemptions, Laws Regulating in-Maine, Conveyances (see Deeds). 158; New Hampshire, 166; Vermont, Copyright, Law Regulating..............59 172; Massachusetts, 180; Rhode Island, Corporation, Bond of.................... 54 185; Connecticut, 192; New York, 195; Satisfaction of Mortgage by..........117 New Jersey, 208; Pennsylvania, 213; Credit, Letter of......................... 94 Delaware, 222; Marylanld, 226; Vir Creditors, Composition with............. 60 ginia, 230; North Carolina. 236; South Assignment, for Equal Benefit of......32 Carolina, 240; Geo., 243; Florida, 249; Assignment for Benefit of Preferred. 33 Alabama, 255; Mississippi, 259; LouiCustomhouse Power of Attorney.........110 siana, 266; Texas, 270; Arkansas, 274; Customhouse Regulations...............128 Tennessee, 280; Kentucky, 283; Ohio, Fees Receivable by Law at..........131 290; Michigan, 295; Indiana, 304; Illinois, 309; MIissouri, 315; Iowa, 321 DWisconsin, 328; California, 341. Day-Book, Form of......................350 Debt, Assignment of..................... 29 Florida, Map of...................250,251 Power of Attorney to Collect........112 Special Laws of................ 249 Debtor, Agreement not to Sue...........94 Fruit-Trees, Agreement for Sale of...... 18 Debts, Laws Regulating Collection of inMaine, 162; New Hampshire, 167; Georgia, Map of................... 244, 245 Ve-rmont, 175; Massachusetts, 183; Special Laws of.............243 Rhode Island, 188; Connecticut, 193; Goods, in Store, Agreement for Sale of... 16 New York, 201; New Jersey, 210; Goods, Order to delive..................103 Pennsylvania, 216; Delaware, 222; Horse, Agreement for Sale of........... 17 Maryland. 226; Virginia, 231; North Bill of Sale of, with Warranty.......47 Carolina, 237; South Carolina, 241; Homestead Exemption, Laws Regulating Gergia, 247; Florida, 253; Alabama, in-Maine, 159; Verilont, 172; New 255; Mississippi, 262; Louisiana, 266; York, 205; Georgia, 243; Alabama, 255; Texas, 271; Arkansas, 275; Tennessee, Texas, 270; Michigan, 295; Iowa, 321 281; Kentucky, 286: Ohio, 292; Michi- Wise. 328; Indiana, 304; Illinois, 312; gan, 310; Indiana, 306; Illinois, 313; Tenn. 154; La. 154; S. C. 240; N. J. 212; Missouri, 3192 Iowa, 325; Wisconsin, N. H. 155; Mass. 181; Ohio, 291; Cal.341. 830; California, 338. Illinois, Map of......................311, 31 Special Laws of.....................309 Deeds.................................. 64 Indiana, Map of......................02, 303 Acknowledgments of (see State Laws). Special Laws of.....................304 Deeds, Forms of- Iowa. Map of........................322, 323 Warranty............................ 65 Special Laws of.......321......... Simple, without Warranty........... 66 Insurance Policy, Assignment of......... 32 Quit-Claim, by Husband and Wife... 66 Interest..................................52 Wrarranty, by Husband and Wife.... 67 Table of, at Six per cent..............352 By Executors........................ 69 Table of, at Seven per cent...........353 Of Trust........................... 71 Calculation of........................354 Bond for........... 56 Table of Banking and Equation.....353 Deeds, Laws Regulating in-Maine, 163; Bond for Securing Paymient of...... 5 New Hampshire, 169; Vermont 176 - Interest, Laws Regulating Rates of, inMassachusetts, 184; Rhode Island, 189; Maine, 163; New Hampshire, 169; Ver. Connecticut, 194; New York, 202; N. morit, 177; Massachusetts, 184; Rhode Jersey, 210; Pennsylvania, 217; Dela- Island, 189; Connecticut, 194; New ware, 223; Maryland. 227; Virginia, York, 204; New Jersey, 212; Pennsyl. 232; North Carolina, 237; South Caro- vania. 218; Delaware, 223; Maryland, lina, 241; Georgia, 247; Florida, 253, 227; Virginia, 233; North Carolina, 237; Alabama, 258; Mississippi, 262; Lou. S. Carolina, 242; Georgia, 24; Flori. isiana, 267; Texas. 271; Arkansas, 275; da, 251; Alabama, 258; Mississippi, Tennessee, 281; Kentucky, 286; Ohio, 263; Louisiana, 267; Texas, 248; A-k293; Michigan, 30t0; Indiana, 307; Illi-. ansas, 276; Tennessee, 232; Kentucky, nois, 313; Missouri, 319; Iowa, 325; 287; Ohio, 294; Michigan, 301; IndiWisconsin, 331; California, 339. ana, 308; Illinois, 314; Missouri. 320; lowa,325; WVisconsin, 32; California, Delaware, Map of...................20, 221 341. Special Laws of.....................219 Depositions......... 39 Judgment, Assignment of................ 30 Dower (see Married Women, Rights of). 82 Judgment Note, Form of................. 97 Assignment of..................... 83 Release of......................... 84 Kentucky, Map of....................284, 285 Right of (see the respective States). Special Laws of.....................283 Drafts.................................... 40 At Sight..4......................... 45 Land, Agreement for Sale of............ On TMne o e.....<..,,. t. 45 Agreement to Cultivate on Shares.... 17

Ejaemn, Publie, Forms of IPr6:Emption....151 Penn-sylvaRia, 217.; Delaware, CLad- Warrants,.1nstuction for obtain- Maryland, 227; Vir inia, 233; Nortf gin...........,............. 154 Carolina, 237; South Carolina, 241; Landlord and Tenant.....8............'85 Georgia. 247; Florida, 254; AlabNma Tenant's Agreement................. 91 258; Mississippi, 263; Louisiana, 267Landlord's Areement............... 91 Texas, 248; Arkansas, 276; Tennessee, Lease, Assio-n ment of................... 31 282; Kentucky, 2874 Ohio. 294.; MichoMoiItgaie of......................... 79 ian, 3800; Indiana, 307; Illinois, 314; Short Form of........................... 86 Missouri. 3204 Iowa, 325.; Wisconsin, Tenant to pay Taxes, and not Under- 332; California, 360. let....;............................... 87 Maryland, Map of............224, 225 With Covenant not to Underlet...... 89 Special Laws of.....................22 With Mortgage of Personal Property, Massachusetts, Map of............. 178, 179 to secure PRent..................... 92 Special Laws of.......................180 Ledger, Form of................... 3M....351 Measures and Weights...................355 Letter of Credit and of License, Form of 94 Table of Foreign.................3....57 idabtlity of Ship-Owners.................. Mechiicirs' Lien (see Lien, Mechmlices'). Liabilities of Common Carriers..........12,3 Mensuration.....................3.......... Liabilities of Minors................... 122 Merchandise, Order for.................103 i en, Mechanics', Laws Regulating in- Michiu;an, Map of....................2! 2,97 Maine, 1,59; New Hamrpshire, 166; Special La;wsf..........................295 Vermont, 173: Massachusetts, 180; Military Bouniity Lands..................... 13 *Connecticut, 192; New York, 19-; N. Minors, Liabilitiesf...................... 122 Jersey, 20(8; PennsYlvania, 213; Mary- Mississippi, Map of..................260, 261 land, 226; *Virginia, 230; South Caroli- Special Law:.e o.f.......................259 noa, 240; Geor'ia, 243; Florida, 219; Missourin, Mip of...................16, 317 Mlississippi, 259; Arkansas, 274; Ten- Special Laws of......................315 nessee, 280; Kentclky, 283; Ohio, 294- AMoney, Bond for Payment of..............52 MichinI an09, t; Indiana,; llini, Oder r........................... 206; Missouri,315; Iowa,821; Wis. Mortgaes.............................. 64 coniin. 329: Calitrnia,'333 Rhode -Gr. lMort a t's. Forms otland, 185; Louisiana, 2i6; Texas, 270. Of Chattels (soe Cliatel Mortgages).. 49 Eihiitation of Actions, Laws legultillu' Witli Power of Sale.................. 73 in —Maine, 161i New Hampsliire, 167.; By Husband and WX ife, with Interest Vermont, 174; Massachusetts, 182; atnd Insurjice Claue.............. 73 b'hode Island, 188; Connecticut, 193; To Execuors.......................... 76 New York, 200; New Jersey, 20.;); To secure a Note..........................78!Pennsylvania, 216; Delayi:re', 219:; O.n Lease, witl Covenant to nsure.. 79 Maryland, 226; Virginia, 231; North Satisfaction of..........................146'arolina, 2356; South Carolina, 241; Satisfa"ction of, I!y Corporation........ 1.17 Georgia, 246; Florida, 253 i Alabalma, Aaiinmen, of....................... 27 -255; Mississippi, 262;,Louisinan, 266);.Endorseiment of' Assinment on..... 28 "Texas. 270; Arkansas, 275; Teniessee, Endorsement;, - when iintended as Col281; Kentucky, 286; Ohio, 292; Mich- lateral Security..................... 28 82i0an, 21)9; Indiana, 3054 Illinois, 321:; Of Vessel, to be rteorded......,........132:Missoiri, 318; Iowva,224; Wisronsin, 310; California, 137. Iaturalization, Re ulations for...............8S hatiuralization,.Folnms oi-?ouisiana, Map of.........2.. 64, 265 Declaration f lt mention........... 133 Special Laws of.............266 Afidavit of one who arrived under.18.. 134 Afihdavit to prove 1 ritention......i34 Manufacturingr, Aggreement for.......... 14,15 Proof of ResideMe, &c....................1 ltaine, Map of.........................156,7 Ollh to csupport Constitution.........135 Special Laws of......................l.58 Certificate of Citizenship.....1..1. 5 [aps of the States:-Maine, 156; New Net L Hamnpshire,.Map of..............64, 165 Hampshire, 164; Vermont,'170; Mas- Special Laws of......................166 sachusetts, 178; Phode Island, 186: New Jersey, Mapof........................ 6, 27 Connecticut, 190; New York, 196; N. Special Laws of................... 208 Jersey, 216; Pennsylvania, 214; Dela- New Mexic,. Map.of............................34 ware; 220; Mauyland, 224; Virginia, New York. Map of.....................196, 197 226; Nortlih Carolina, 234; South Car- Special Laws of.....................195 olina, 278; Georgia, 24-; Florida, 250-; North Caroiini, Map of.....-.........214, 235 Alabama, 26; Mississippi, 2610; Louis- Special Laws oIi........................2 iana, 26 Texas, 2; es 25 Arkanss 272, Note, Mlorta'e to secure................. 78:*Tennessee, 278; Kntilucky, 284; Ohio, Note, romis sory........................... 98 288; Michigan, 2;6;Inediana, 302; -ll- Notes,'romiasoir:Fortm's.ofnois, 10., AMIissouri, 316; owa,'22 NotNeotile....................... WVisconsin, 326; Caiiboiia, Uttah, ad Negotiable lv Endorsement..........06:New Me-xicu,.g.. Ne:.otiahle without Epildrsemenl...10;Joint neurot'iirbe paytiiifle at a Ba ink.. 101 Ml{arriage Form of...........f.N........... 9 Neootiable. paiyablle iu Merchandise.. 10l Certificate, Form of.............. Neotiable'on demand.............. 9a-rried Women, Laws Regulatini P ishts On denaiand wvith titerest, not Negoof, in-M-iaine, 163; New MHanpsliare, tiasle...............O.10 169; Vermont, 176; Massachusetts, 184; %%hode island, 189; Connecticut, 194,; iOhio, Map o........................... 28, 289 Mew- Y-t'nf 209.4 Maw _JT ctv.8 9 0^e I tt.al^o,iaw f.. o.. 293

Ordters....-0.... o.o. o o.......0......-... -.... -.... 102 Releases, Forms of- Orders, Forms of — Of Dower..............O,.,.,,,...,..., For Money...........................102 General of all Demands................11 For Merchandise..................... 103 Of Part of Mortgaged Premiises......1l Bo-deliveer -ods.....................103 Revocation of Power of Attorney........ 1 Rhode Island, Map of........... 186, 187 Partnership.......................................1 Special Laws of................8. Partnership. Formsns of- Riglts of Miarried Women: (see Maarried Article of............. 106 Wromen, Laws Regulating Righta of). Renewal of, Endorsement of........10 Dissolution of, Endorsement of.......108 Satisfaction of Mortgage................... 11. Property, Assignment of, to close.... 36 By a Corporation.................117 Phtenta, Re, oulations for securin........136 Servant's Indenture..................... 20 Patent-Office, Formns prescribed by, for- Sleriff, B'ond to indemnify............. 54 Petition......................137.. South Carolina, Mtap of...............238, 239: Specification....... 1...................... 137 ecial Las of20 Oath of Applicant......................9 Special. State Laws............ 1518' Addition of New Itnarovenents....141 Statute of Fraud (see Contracts, Laws Disclaimer............................142 Regnltting); Surrender for New ssue.............143 Stock, A-greemient for Sale of............ 15 Application for Patents for Designs..143 Power of Attorney to transfer.......11! Specification of Design.............. 143 Oath of Applicant for Design-Patent.144 Tennessee, Map of....................278, 279; Caveat........................ 144 S pecial Laws of....................280Certificate of Deposite................146 Texas, Map of.....................268, 2692 Assignment of.................. 37 Special Laws of..2.............270 General Information.................146 Treasurer or'Tustee of an; Association, FPennsylvania, Map o.................214 215 Bond of..................... Special Laws of....................213 Trust-Deed............................. 71 Personal Property, Agreement for Sale of 11 Policy of Ilsurance, Assignment of..... 32 Utah, Map of.......................... 334. Postage, Rates of, United States and Foreign............................ 344-346 Vermont, Map of.....................70, 171 Rower of Attorney......................109 Special Laws of.................112?ower of Attorney, Forms of- Vessel, Bill of Sale of................... 48; General Powe..................... 109 Sale or Mlortgage of to be recorded.. 1321 Customhouse Power................ 110 I Virginia, Map of............ 228, 229; To transfer Stock.................D..111 Special Laws of.......................230 Proxy, Power to vote by............... 11 To Collect Debts....................112 Warranty Deed......................... 65 To Sell Real Estate..................112 By Husband and Wife................. 67Substitution,. to be endorsed on.......13 Weights and Measures..................355 Revocation of............... 113 Table of Foreign.................... jre-emption Claims,. Forms of- Wills................................119 For Lands subject, before-Sept,.1841.151 Short Formof..................... 119t For Lands subject, since Sept,,.1841...151 Codicil to............................. 120@ Beclaratory Statement............... 151 Devising Property to Trustees for SpeAffidavit of Claimant.................. 52 cial Purposes.....................12 Affidavit, where Claimant Dies........152 Wills, Laws Regulating, in-M'aine, 163;. Preferred Creditors,Assignment for Ben- New Hamipsliire, 109; Vermont, 177; efit of.................. 33 Massachusetts, 184; Rhode Island, 189. Promihsory Notes (see Notes, Promisso- Connecticut, 194; New York, 195; N. ry,).-..O 98............................ 98 Jersey, 212; Pennsylvania, 218; Dela. Proxy, Power to vote by, Fbrml of.......111 ware, 223; Miarylalnd, 227; Virginiai lublic Lands, Regulations of.............147 233-; North Carolina, 237; South Carm olisa, 242; Georgia, 248; Florida, 254:, ~uit-Claim Deed, by Husband and Vs'ife. 66 Alabama, 258; Mississippi, 263; Lou,* isiana, 267; Arkansas,277; Tennessee, Rate of Interest tsee Interest, Rate of). 282; 1Kentuckv, 287; Ohio, 294; Mich. Real Estate, Power of Attorney to sell... 112 ian, 301; Indiana, 3(8; Illinois, 314: Receipts........0.... l.. 103i; isso.ri. 320;. Iowa, 325;-V isconsin, Receipts, Forms of — 332; California, 341. Texas 2,8. In Full................................ 03. On Account.......................... 1014 Wisconsin, Map of...................328, 02 For a Special Purpose...............104 Special Laws of......................32 For Mkoney paid by a Third Person..104 Wood, Agreement to sell and: deliver.... 1 Of Interest to be endorsed on a Bond. 104 VWomlen, attrried, Rights of (see MIarried Im, Full for a Special Account... 1041 Woamen, Rights of). liaaes-.....ao......0..-.....D.o.o.o.e.O-.........Do.. 1e.14 l rlmt A-eex.for -ire ~Q&..o..,.. Ms

THE AMIERICAN LAWYER, AGREEMENTS. AN agreement or contract is the mutual consent of two or more persons respecting anything done or to be done. WIhen reduced to writing, the memorandum or articles containing the agreement, signed by the parties thereto, is usually called an agreement. It is advisable, in all cases, to reduce the agreements and contracts of parties to writing; not only because, in case of dispute, the instrument is a more reliable and satisfactory source of evidence than the memory of witnesses, but because, by statute, many agreements are void unless put into writing and subscribed by the party to be charged. But care must be taken to put the whole and exact contract in writing, as verbal evidence will not be admitted to alter or vary a written instrument. If erasures or interiineations are made, the fact should be stated on the paper, that they were so done before the parties signed it. In all agreements or contracts there must be a consideration flowing from the promisor to the promisee, such as the payment of money, the sale and delivery of property-something whereby the promisee is benefited or the promisor put to inconvenience; and this consideration should be expressed. Contracts which militate against the public good can not

10 AGREEMENTS. be enforced-as a contract not to exercise one's trade or calling at all, a contract to erect a public nuisance, &c. It is understood, in every contract for work or labor, that it shall be executed in a suitable and workmanlike manner, whether it is so expressed in the contract or not. If it is desired by both parties to an agreement to waive the performance of a part of it, let it be so endorsed on the back of the agreement, and signed by the party who so consents to waive it. The law of the state where the contract is made regulates the construction of the contract; the law of the state where the contract is sought to be enforced regulates the remedy. Amounts and dates should always be written out, and not expressed in figures: thus, two thousand dollars, instead of $2,000. The words in italics, and names in capitals, are merely inserted to show how the forms may be filled out. They should be always omitted in drawing a paper, and such words inserted as correspond with the facts in hand, and the actua, agreement of the parties. Fraud destroys every contract into which it enters. No. 1.-General Form of Agreement. tli5s Agreemeni t, made this first day of lMay, one thou. sand eight hundred and fifty, between JOHN DOE, of the village of Black Rock, in the county of Erie, and state of New York, of the first part, and RICHARD ROE, of the city of Buffalo, in said county and state, of the second part-* tJitnteetStl, that the said JOHN DOE, in consideration of the covenants on the part of the party of the second part. hereinafter contained, doth covenant and agree to and with the said RICHARD ROE, that [here insert the agreement on the part of John Doel. And the said RICHARD ROE, in consideration of the cove~ nants on the part of the party of the first part, doth covenant * To avoid repetition, we have referred in the succeeding forms to certain numbers, for the introductory matter of the form. For example, in No. 5, the first part of No. 1 ia to be copied in that form as far as the star.

atks agr lsc oand with the said JOHN DOE, that [hetre insert eke agreep-ePnt on thve part of Rickard Roe]. f Ult titnes twlcreof, we have hereunto set our hantds.nd seals, the day and year first above wiitten. Signed, sealed, and delivered, in presence of JOHN DOE (seal). JouN Sm.trl,. IfRICHARD ROE (seaH).o JAMES SaHORT. Wk/h'en required, t7iis clause may be inserted:] Anbit it i fu'tller agreb between the parties hereto, that the party that shall fail to perform this agreement on his part, will pay to the other the full sum of fifty dollars, as liqia. 4ated, fixed, and settled damages.: 3o. 2.-Agreement for the Sale amd Delivery of Personal Property. )lji ~grttncement, made this first day of Juzy, one thousand eaight hundred and fifty, between JOHN DOE, of the village of Nlew Alban y, in the county of Floyld, and state of Indiana-t, of the first part, and RICHAVtD ROE, of the city of Buffalo, in the county of Erie, and state of VNewo York, of the second partWitnzietGh, that the said JOHN DOE, in consideration of the covenants on the part of the s-aid RICHARD RoE, loth covenant to and with the said RICHARD ROE., that lhe wvill deliver to the said RIw..TnRD ROE, at.his storelho?,se in New Albanry zaforesail, one.JtA-usmad bushels of whleat, of good merchlant-.able quality, on or before the first day of September next. And. the said RICHaARD ROE, in considerationr of thbe covenants on the part of the said JorN DOE, doth covenant and agree to and with the said JoHN DOE,, that he will pay to the said JoHN DOE at the rate of onoe dollar for each bushel of wheat so delivered, immediately on the completion of thl delivery thereof t This form of witnessng anAd signing may be:dopted in every legal istrao mvent. except where a different foirm is particularly given or directed to be used. " W'henit is de-sired to fix the damages for the violation of the contract, this clause may be inserted before'die Witnessing clause. It lhas the advantage of ialakig -certain the amount of damages to be paid, instead of leaving it to be settled by a suit at law, or au t'greemeat tetweea thEe arties, after tbe oontract'iss btena violate

~J ri'to -tt" vtoeref the said parties have' here-untwo @ their hands and seals the day and year first above written. Signed, sealed-, and deliv- ered, in presence of JOHN DOE (seaZ). JoiN: SMITHI, R ICHARD ROE (sealt) JA^ ES- SHDRT. J The foregoing form, can be used for any d&scription ox ersonal property. No..-.-Agreemment'for Buildingm (ontract fo Buslitbing,A made the tent z daj of Ju7y, on1. thousand eight hundred a nf:/fty, by and between Jou-N DOE;, of ir'oolyt, in; t e county of Kinngs, and sta;te of Plew York,. of the; first part, and RICHARD ROE, of NeCw York, in the' county of New York,. an:d state of Niew York, of the' second part, in these worlds: the: said party of the second part covenants and agrees to and with the said party of the first part, to: make, erect, build, and finish, in a good-', substantial, and workmanlile manner, o three-story br'ick d'w.elling-hosse, on; the' lot of landl: situated [here isert dzesc ription of lot:, agreeable to the draught, plan, and explanation,l hereto annexed,, of good and substantial- materials,. by the first day of Jrnuary lext;. And? the said party of tlhe first part covenants and agrees to pay unto the said party of the second' part, for the' same, the sum, of two: thousand cdllars lawful money of the' United States, as follows: the sum of one t;osmand dollars wloen the buildcing is enclosed andr the roof pf t G%, and the yemaining one thousand dollars whAen the bhilding is comn pleted. And for the trae and faithlil perfor'ma-nce of all and every of the covenants and agreements above mentioned, the partiestro these' presents covenant and agree, each with the other.:ahat the sum: of one &ousand dollars, as fixed, settled, and.iqiuidated damages, shall be paid t to the other by tlhe failing party. JTn Attnesa Cc-of, &c. C[as m;n No. 1I. " The draughts and explanations should be all signed by ta e pmti:e. t' tt;efemf ant, ia. aordes h at they m.ay be ide.ltitUiefL

Na. 4.-Agreement for the Sale of Lantl articles of greetrnent, made the fifth day of March, one thousand eight hundred and fifty, between JOHN DOn, oI Rochester, in the county of Monroe, and state of New Yorkc of the first part, and RICHARD ROE, of Newhurgh, in the county of Orange, and state of New York, of the second part, witnesseth, that the said party of the first part, for and in consideration of the sum offifty dollars, to him in hand paid, has contracted and agreed to sell to the said party of the second Dart, all that certain piece or parcel of land, situate in the town of Newburgh, in Orange county, and state of New York, and which is bounded and described as follows, to wit: beginning at, &c. [here insert description of the land]. And the said party of the first part agrees to execute and deliver to the said party of the second part a warranty deed, for the said land: Provided, and upon condition nevertheless, that the said party of the second part, his heirs or assigns, pay to the said party of tho first part, his heirs or assigns, for the same land, the sum of five hundred dollars lawful money of the United States of America, payable as follows: the sun of two hundred and fifty dollars on the first day of June next, and thefurther and remaining sum of two hundred and ffty dollars on the first day of August in the year one thousand eight hundred and fifty-two, together with lawful interest on the same, from the date hereof: And the said party of the second part, for himself, his heirs, executors, and administrators, doth covenant and agree, to and with the said party of the first part, his heirs and assigns, that the said party of the second part will pay the said several sums as they severally become due, with the interest thereon, without deduction of any taxes or assessments whatever. And it is further agreed between the parties to these presents, that if default be made in fulfilling this agreement, or any part thereof, on the part of the said party of the second part, then, and in such case, the said party of the first part, his heirs and assigns, shall be at liberty to consider this contract as forfeited and annulled, and to dispose of the said land to any other person, in the tame manner as if this contract had never been made. Jn mtitnle, wXIereof, &c. [as in No. 1}. In describing land, buildings, &c., care should be had to make the descr?` tion as complete as possible so as to be readily identified on examination. 2

14 AG-PREEMERN-Te 1o. 5.-Agreement for the Hiring of a Clerk or Workman. Qu)ii Sgrencmet, &c. [as in Vo. 1 to the ]litnllsstl), that the said JOHN DOE has agreed to enter the service of the said RtCHARD ROE as clerk [or journeyman], and covenants and agrees, to and with the said RICHARD ROR, that he will faithfully, honestly, and diligently, apply himself and perform the duties of a clerk [or journeyman] ill the store [or shop] of the said RICHARD ROE, and faithfully obey all the reasonable wishes and commands of the said RIcHARD ROE, for and during the space of one year from the first day of December next, for the compensation of five hundred dollars per annum, payable quarterly. And the said RICHARD ROE covenants with the said JOAN DOE, that he will receive him as his clerk [or journeyman] for the term of one year aforesaid, and will pay him for his services as such clerk [or journeyman] the sum of five huns dred dollars annually, in quarter yearly payments. 3n Witneiz rteecotf, &c. [as in A. 1]. No. 6.-Agreement for making and delivering Boots. zlij Agreement, &c. [as in No. 1 to * ]t~itntesStl, that the said JOHN DOE, in consideration of the covenants on the part of the party of the second part, to be performed, doth covenant and agree, to and with the said RItCIARD ROE, that he will, within [here insert the time] from thle date hereof, make and deliver to the said RICHARD ROE, ten thousand pairs of boots, made from calfscin, of the first quality, and of the following sizes [here insert sizes]. And the said RICHARD ROE covenants to pay to the said JOHN DOE two dollars for each pair upon the completion of the delivery of the said ten thousand pairs,;f the same are delivered within [insert the time agreed upopl from the date hereof as aforesaid. 2aU witnlel, wuiereof, &c. [as in No. 1].

AGREEMENTS. 18 Wo. t. —Agreement for making Plour-Barrels. Il)is Agrcement, &c. [as in No. l to the * ]titnsettlu, that JOHN DOE, in consideration of the agree* ment on the part of RICHARD ROE, to be performed, covenants with the said RICHARD ROE, that he will make and deliver to the said RICHARD ROE, during the term of one year next ensuing from the date hereof, one thousand merchantable flourbarrels in each wveek, said flour-barrels to be made of good, hard, well-seasoned white-oak stuff; and the hoops to be of black ash. And the said RICHARD ROE, in consideration thereof, agrees to pay to the said JOHN DOE at the rate of twenty cents for each barrel, such payment to be made on each thousand barrels immediately on the delivery thereof, until the whole quantity is made and delivered.* 2n witlnesC wI)ereof, &c. [as in No. 1]. No. 8.-Agreement to sell and deliver Cord-Wood Cs1i greemlctent, &c. [as in No. 1 to the *]. tXities Ctet j, that the said JOHN DOE agrees to sell to the said RtICktHARD ROE one tAoussand cords of wood, all of it to be well seasoned, and to be of beech and maple only, and to deliver the same, securely corded, at the factory of the said RtICHARD RROE in the tonn aforesaid, for the price of two dollars per cord, ol the first dlay of Jtne next. And the said:itCHARD t Roil, in consideration.thereof, agrees to pay to the said JOHN DOE, for the said wvood, at the rate of two dollars for each cord of wood, immediately upon the completion of the delivery thereof. %n wiitlnes wlrjeof, &c. [as in No. 1]. No. 9.-Agreement to sell Shares of Stock. -gllis Cgreemctnt, &c. [as in No. 1 to ~ ]]itnllesetl, that, in consideration of the agreement ot RICH IAD RtoE, hereinlafter contained, the said JOHN I)DE agrees to sell, transfer, and convey, to the said RICHARD ROE, * The time and rate of payment may be altered to correspond with the special agreemlent between the parties.

10 f~AGREEMENTS. on the tenth day of July next, one thousand shares of tha Glenville Manufacturing Company, now owned by the said JOHN DOE, and standing in his name on the books of said company, and to execute and deliver to the said RICHARD ROE all necessary assignments, transfers, and conveyances, to assure and convey the same to the said RICHARD RoE, his executors, administrators, and assigns, for ever. In consideration of which, the said RICHARD ROE, agrees with the said JOHN DOE to pay to him one hundred dollars -or each share of the said capital stock, on the said tenth day of July next. jn wnitneg t)ertceof, &c. [as in No. 1], No. 10. —Agreement to sell Goods in Store. lis atgreement, &c. [as in No. 1 to * ]Wbitnetsetl, that in consideration of the covenants on the part of the said RICHARD ROE, hereinafter contained, the said JOHN DOE doth covenant with the said RICHARD ROE, that he will take of the said RICHARD ROE all his stock of goods, wares, and merchandise, now being in his store in the village of Cooperstown, together with all the fixtures thereto belonging; an account of such stock of goods, wares, and merchandise, to be taken by the parties hereto in the presence of each other: and the said JOHN DOE agrees to pay for them at the invoice price; but if any of said goods be damaged, such damaged goods, together with the fixtures aforesaid, to be valued by two disinterested persons, one of whom is to be selected by each of the parties hereto, and to pay for the same the value or price that the said appraisers may agree to set upon them as a fair valuation of the same; and that in five days after the value of said goods, wares, merchandise, and fixtures, can be ascertained as aforesaid, said value is to be paid by the said JOHN DOE to the said RICHARD. ROE. And the said RICHARD ROE, in consideration thereof, agrees to sell to the said JOHN DOE the said goods, wares, and mere chandise, at the invoice price, and the fixtures and such goods as may be damaged at such price as the appraisers appointed as aforesaid may fix and determine; and make, execute, and deliver, to the said JOHN DOE, a good and sufficient bill of sale and conveyance thereof. 3In vitnlt* mwxtrwf, &c. [as in No. I1]

AGREEMENTSo 7F No. 11.-Agreement to cultivate Land on Shares. ifZi5 arpement, &c. [as in No. 1 to ]tlitnesett], that the said JOHN DOE agrees with the said RICHARD ROE, that he will properly plough, harrow, till, fit, and prepare for sowing, all that certain field of ground belonging to the said RICHARD ROE, which field lies, &c. [here insert description of the field], containing about fifty acres, and to sow the same with good winter wheat, finding one half of the seed wheat necessary therefor, on or before the first day of September next; and that he will at the proper time cut, harvest, and thrash, the said wheat, and properly winnow and clean the same, and deliver the one half part of the said wheat to the said RICHARD ROE, at his barn, on his premises, in the town of Washington aforesaid, near Ais dwelling-house, within ten days after the same shall have been cleaned; and will carefully stack the one half part of the straw on the premises of the said RICHIARD PRoE, near to his barn aforesaid. And the said RICHARD ROE, in consideration of the foregoing agreement, promises and agrees, to and with the said JOHN DoE, that he may enter in and upon the said field for the purpose of tilling and sowing the same, and of harvesting the crop; and f'ee ingress and egress have and enjoy for the purposes aforesaid; and that he will furnish to the said JOHN DOE one half part of the seed wheat necessary to sow the same, on or before the first day of September next, and permit the said JOHN DoF to thrash and clean the wheat upon the premises of the said RICHARD ROE. 3n MittUnt leteof, &c. [as in No. 1]. No. 12.-Agreement for the Sale of HIors e jis v3 grumtncnt, &c. [as in No. 1 to the * ]b3ittteisett), that the said JOHN DOE hereby agrees to sell to the said RICHARD ROE his dark-bay horse, with a white star in the forehead, and black mane and tail, and to warrant the said horse to be well brpken, to be kind and gentle, both under the saddle and in single and double harness, to be sound in every respect and free from vice-for the sum of one hundred dollars, to be paid by the said RcuHARD ROE on the tenth day of May next. 2*

1 bAGREEMENTS. In consideration whereof, the said RICHARD ROE agrees to purchase the said horse, and to pay therefor to the said JOHN OE the sum of one hundred dollars, on the tenth day of May next. 3n witner wtlereof, &c. [as in No. 1]. No. 13.-Agreement for Sale and Purchase of Fruit-Trees. C;its agrement, &c. [as in No. 1 to * ]Xitletnettf, that the said JOHN DOE agrees to sell and deliver to the said RICHARD ROE, at his dwelling-house in Springfield aforesaid, five hundred apple-trees, two hundred and fifty peach-trees, two hundred plum-trees, one hundred pear-trees, and fifty nectarine-trees, all in good order for transplanting, in the month of May next, for the following prices, namely: for each hundred apple-trees, twenty dollars; for each hundred peach-trees, fifteen dollars; for each hundred plum-trees, thirty dollars; for each hundred pear-trees, twenty-five dollars; and for each fifty nectarine-trees, ten dollars.* And the said RICHARD ROE, in consideration thereof, agrees to purchase the trees aforesaid, in the quantity aforesaid, and at the prices aforesaid; and to pay to the said JOHN DOE the price therefor in cash upon the delivery of the said trees. 3n witlzeus Wljreof, &c. [as in No. 1]. No. 14.-Agreement for Barter. llis Sgfremelnt, &ac. [as in No. 1 to * ]tilntCszetl), that the said JOHN DOE, in consideration of the agreement of the said RICHARD ROE, hereinafter contained, agrees to deliver to the said RICHARD ROE, on or before the first day of October next, one thousand bushels of potatoes, at the dwelling-house of the said RICHARD ROE. And the said RICHIARD ROE, in consideration thereof, agrees to deliver to the said JOHN DOE, at his dwelling-house, on or before the first day of October next, two hundred and fifty bushels of good, clean, merchantable wheat. In witness wtiereof, &c. [as in No. 1]. * The number of trees and the price may be varied to correspond with the egreemeat between the parties.

AGREEMENTS. 19 No. 15.-Agreement for the Sale of Animals. ~l)ig Agreemcnt, &c. [as in No. 1 to* ]t4itntleSeth, that in consideration of the agreement of the said RICIARD ROE, hereinafter contained, the said JOHN DOE agrees to sell and deliver, on the first day of June next, to the said RICHARD ROE, at his store in Bennington, one yoke offour-year old oxen. And the said RICHARD ROE, in consideration thereof, agrees to pay to the said JOHN DOE sixty dollars immediately upon the delivery thereof. Jn mitnaes tvolereof, &c. [as in No. 1]. No. 16.-Apprentice's Indenture.* Chit Jnbenture twitncssetl, that JAMES DOE, of the town of Cooperstown, in the county of Otsego, and state of New York, now aged eighteen years, by and with the consent of JOIrN DoE his father, hath voluntarily, and of his own free will and accord, put and bound himself apprentice to RicuARD ROE, of the city of Rochester, in the county of Monroe, and state of New York, to learn the art, trade, and mystery of a hatter, and as an apprentice, to serve from this date, for and during and until the full end and term of three years next ensuing; during all which time, the said apprentice his master faithfully, honestly, and industriously shall serve, his secrets keep, all lawful commands everywhere readily obey, and at all times protect and preserve the goods and property of said master, and not suffer or allow any to be injured or wasted; he shall not buy, sell, or traffic with his own goods, or the goods of others, nor be absent from his said master's service day nor night, without leave, and in all things behave himself as a faithful apprentice ought to do, during the said term. And the said master shall use and employ the utmost of his endeavors to teach, or cause him, the said apprentice, to be taught or instructed, in the art, trade, and mystery of a hatter, and of making andfinishing hats in all its branches.t * An indenture is an instrument, under seal, indented or notched at the top, instar dentliun," like the teeth of a saw. Most of the states have special regulations in regard to the rights and duties of the parties, which should be observed. t The conditions in regard to board and lodgings, and the rate of wages with the time of payment, should here be inserted, according to the terms of agreemeat made between the parties.

20 AGREEMENTS. And for the true performance of all and singular the covenants and agreements aforesaid, the parties bind themselves each unto the other, firmly by these presents. itn witntest wtJreo-f, the parties aforesaid have hereunto set their hands and seals, the tenth day of July, in the year one thousand eight hundred and fifty. Sealed and delivered) in the presence of JAMES DOE (seal). JOHN SMITH, RICHARD ROE (seal). PETER JONES. I do hereby consent to, and approve of, the binding of my son, JAMES DOE, as in the above indenture mentioned. COOPERSTOWN, July 10, A. D. 1850. JOHN DOE. I-o. 17.-Servant's Indenture. Tlij JntbentUtrCt itneCset4, that JOHN DOE, now aged seventeen years, of the city of Boston, in the county of Suffolk, and state of Massachusetts, by and with the consent of WILLIAM DOE, his father, hath voluntarily, and of his own free will and accord, put and bound himself servant to RICHARD ROE, of the same place, and as a domestic servant, to serve from the date hereof, for and until the full end and term of his minority; dur4ng all which time, the said servant his master faithfully, honestly, and industriously shall serve, all lawful commands everywhere readily obey, protect and preserve tiie goods and property of his said master, and not suffer or allow any to be injured or wasted; he shall not be absent from service without leave, and in all things and at all times behave as a faithful servant ought to do. And the said RicOiARD ROE shall and will furnish and provide the said servant, during the continuance of the said term, with suitable and sufficient board, lodging, and washing; and in case of sickness, with medical attendance, care, and medicines. And for the true performance of all and singular the covenants and agreements aforesaid, the said parties bind themselves, each unto the other, firmly by these presents. 3n witness ilercof, &c. [as in No. 16]. I do hereby consent to, and approve of, the binding of my son, JOHN DOE, as in the above indenture mentioned. BOSTON, November 1, 1850. WILLIAM DOE.

ARBUITRATlIONo 21 ARBITRATION. ARBITRATION is an agreement by parties who have a con. troversy, to submit that controversy or difference to the decision of a third party. When the matters in difference are simply those of fact or opinion merely, it is often more expeditious and satisfactory to submit them to the decision of mutual friends than to the regularly-constituted authorities. The agreement to refer matters in difference to the decision of a third party, is called a submission. The decision of the arbitrators is called an award. The award should be specific and distinct, containing the decision of the arbitrators in as clear and concise language as possible. When the arbitration is under a rule of court, the award should be sealed up and delivered to the court without delay. The following oath should be taken by the persons chosen as arbitrators, before entering upon the examination of the matters in dispute:VE, the undersigned, arbitrators, appointed by and between JOHN DOE and RICHARD ROE, do swear fairly and faithfully to hear and examine the matters in controversy between the said JOHN DOE and RICHIARD ROE, and to make a just award according to the best of our understanding. JOHN JONES, HENRY SMITH, THOMAS SHARPE. Sworn to, this fifteenth day of October, A. D. 185-, before meJOHN RICHTER, Justice of the Peace Oath to be administered to a witness by arbitrators:You do solemnly swear that the evidence you shall give to the arbitrators here present in a certain controversy submitted to them by and between JOHN DOE and RICHARD ROE, shall be the truth, the whole truth, and nothing but the truth; so help you God.

ji ARBITRATION. No. 18.-Form of Submission. Utnom all Mint by tel)t Vrements, that whereas a contraoversy is now existing between JOHN DOE, of the city of New York, in the county of New York, and state of Yew York, and RICHARD ROE, of the same place, concerning the sale, warranty, and soundness, of a certain horse, which it is alleged was sold by the said JOhN DOE to RICHARD ROE aforesaid, upon a warranty that the said horse was sound in every respect, and which horse, it is alleged, is not and uwas not at the time of such sale sound in every respect: Now, therefore, we the said JQHN DOE and RICHARD ROF do hereby submit the said controversy to the decision and arbitration of J'OHIN JONES, HENRY SMIT-H, and THOMAS SHARPE, all of New York aforesaid, or to any two of themr and do covenant each with the other that we will in all things faithfully keep, observe, and abide by, the decision and award that they or any two of them may make in writing in the premises under their hands, ready to be delivered on or before the first day of October next. nrib it is furtlher agree between the parties hereto, that the party that shall fail to keep, abide by, and observe the decision and award that shall be made according to the i_. going submission, will pay to the other the sum of two hundred dollars, as liquidated, fixed, and settled damages. titness -our hands and seals, this tenth day of October, one thousand eight hundred and fifty. Sealed and delivered in the presence of JOHN DOE (seal). JOHN SMITH, RICHARD ROE (seal). JOHN STONE. No. 19.-Arbitration Bond. tnow all fflen bp tl)eue ]resenta, that I, JOHN DoV, of the city of New York, in the county of New York, and state of New York, am held and firmly bound unto RICHARD ROE, of the same place, in the sum of five hundred dollars, lawful money of the United States of America, to be paid to the said RICHARD ROE, his executors, administrators, or assigns; for which payment, well and truly to be made, I bind myself, my heirs, executors, and administrators, each and every of them

ARBITRATIONo 2t frmly by these presents. Sealed with my seal. Dated the twelfth day of October, one thousand, eight hundred, and fifty. I Ic ronsition of the above obligation is such, that if the above-bounden JOHN DOE shall well and truly submit to the decision of JOHN JONES, HENRY SMITH, and THOMAS SHARPE, or the majority of them named, selected and chosen arbitrators, as well by and on the part and behalf of the said JoHn DOE as of the said -RICHARD ROE, between whom a controversy exists, to hear all the proofs and allegations of the parties of and concerning the sale, warranty, and soundness, of a certain horse, vwhich it is alleged is unsound, and that it was sold by the said JOHN DOE to the said RICHARD ROE with warranty that it was in every respect sound-and all matters relating thereto; and that the award of the said arbitrators be made in writing, subscribed by them or the majority of them, and attested by a subscribing witness, ready, to be delivered to the said parties on or before the first day of November next. But before proceeding to take any testimony therein, the arbitrators shall be sworn " faithfully and fairly to hear and examine the matters in controversy between the parties to these presents, and to make a just award according to the best of their understanding." And the said parties to these presents do hereby agree, that judgment in the supreme court of the said state shall be rendered upon the award which may be made pursuant to this submission, to the end that all matters in controversy in that behalf, between them, shall be finally concluded-then the above obligation to be void, othewise to remain in full force and virtue. Signed, sealed, and delivered, in presence of JOHN DOE (seal). PETER PENNY, RICHARD ROE (seal). HIRAM JONES.. Another bond should be executed by Richard Roe to John Doe, similar to this in every respect, except reversing the namea,

4 ARBSTRATIO. No. 20.-Award of Arbitrators. To all to wtom ticle vrtsents 1)jall come otr mla roncertn, GREETING: We, JOHN JorNES, HENRY SMITH, and THOMAS SHARPE, to whom was submitted as arbitrators the matters in controversy existing between JOHN DOE and RICHARD ROE, both of the city of New York, in the county of New York, and state of New York, as by the condition of their respective bonds of submission, executed by the said parties respectively, each unto the other, and bearing date the twelft/& day of October, one thousand eight hundred and fifty, more fully appears. Now, therefore, know ye, that we the arbitrators mentioned in the said bonds, having been first duly sworn according to law, and having heard the proofs and allegations of the parties, and examined the matters in controversy by them submitted, do make this award in writing: that is to say, the said JOHN DOE did sell to the said RICHARD ROE a certain horse on the fifteenth day of September last, warranting hint to be sound in every respect,for the price of one hundred and fifty dollars; the said horse is and was at the time of such sale unsound, and worth only the sum of forty dollars; and the said JOHN DOE'should pay to the said RICHARD ROE one hundred and ten dollarsfor the difference in price, and thirty dollars for the expenses of keeping him, besides the costs of this arbitration. 3nt,uitntte mwferef, we have hereunto subscribed these presents, this first day of November, one thousand eight hundred and fifty. In the presence of ) JOHN JONES, PETER PENNY, HENRY SMITH, HIRAM JONES. ) THOMAS SHARPE.

S SIGN M E NT f ASSIGNMENTS. AN assi.nment is a transfer of one n-an's interest in property to another, enabling the person to whom it is assigned to have the same control over the thing assigned as though he were the original owner. An assignment made with the intent to hinder, delay, ow defraud creditors or other persons, is void. An assignment may be made for the benefit of the one to whom it is made; or partly for his benefit and partly in trust:or the benefit of others; or wholly in trust for the benefit of others. If there be reserved in an assignment any profit, benefit, or advantage, to the one making the assignment, this will be coli elusive evidence of fraud; and the assignment would be at once set aside on the application of creditors prejudiced by it, But the assignee may employ the assignor in settling upl the claims and such like business necessary to be done. An assignment, like any other conveyance, of an interest in lands, should be immediately acknowledged and properly recorded. An assignment to a near relation is always looked upon with great suspicion by the courts; and, unless made with entire good faith, and for a valuable consideration, will be set aside on the application of creditors upon whom it operates as a fraud. ho. 21.-G-eneral Form of Assignment. nNtod, all Alm b3 tItese )reoent5, that I, JOHN DoE, within named, in consideration of fifty dollars, to me in hand paid* by RICHARD ROE, of the city of Boston, in the county of Sufblk, and state of Massachusetts, the receipt whereof is * It will hardly be necessary to caution a prudent person against parting with the possession of an instrument acknowledging the receipt of the consideration until it has actually been paid.

f2 AY S5TAGNMENTS hereby acknowledged, have sold and assigned, and by these presents do sell and assign, to the said RICHARD RoE, the within instrument in writing, and all my right, title, and interest in and to the same, authorizing him, in my name or otherwise, but at his own expense, to enforce the same according to the tenor thereof ~3n witntss wltterof, I have hereunto set my hand and seal, this first day of July, one thousand eight hundred and fifty. JOHN DOE (seal). Sealed and delivered in presence of ) JOHN SMITHy JOHN STONE, } The foregoing form to be endorsed on the instrument assigned No. 22.-Assignment of Bond. nomaw all iten 6b tber )reentts, that I, JOHrN Dogy of the city of Rochester, in the county of 2Monroe, and state of New York, of the first part, for and in consideration of the sum of one theusand dollars, lawful money of the United States, of America, to me in hand paid by RICHARD ROE, of the city of Brooklyn, in the county of Kings, and state of New York, of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have bargained, sold, and assigned, and by these presents do bargain, sell, and assign, unto the said party of the second part, his executors, administrators, and assigns, a certain written bond or obligation and conditions thereof, bearing date the first day of January, one thousand eight hundred and fifty, executed by JOHN SMITHi, of the city of New York, inl the county of New York, and state of New York, to me, conditioned for the payment of twetve hundred dollars, on the first day of Mlay next, with interest, and all sum and sums of money due, or to grow due thereon. And the said party of the first part doth covenant with the said party of the second part, that there is now due on the said bond or obligation, according to the conditions thereof, for principal and interest, the sum of twelve hundred andforty-two dollars, and doth hereby authorize the said party of the second part, in his name to ask, demand, sue for, recov', receive, and enjoy,

ASSIGNMENTS. 27 the money due, and that may grow due thereon, as aforesaid. Jlt mtitnetz rhereof, I have hereunto set my hand and seal, this fifth day of July, one thousand eight hundred and fifty.. JOHN DOE (seal). Sealed and delivered in the presence of PETER PEPPER, > JOHN STONE. 5 No. 23.-Assignment of Mortgage. iKnow all tten bp tIesIe prreonts, that I, JOHN Dot, of the town of Whiite Plains, in the county of Westchester, and state of New York, of the first part, in consideration of the sum of two thousand dollars, lawful money of the United States, to me in hand paid by RICHARD ROE, of the same place, of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, assigned, transferred, and set over, and by these presents do grant, bargain, sell, assign, transfer, and set over, unto the said party of the second part, a certain indenture of mortgage, bearing date the tenth day of April, in the year one thousand eight hundred and fifty, made by HIRAM SMITH, of the town of White Plains, in the county of Westchester, and state of New York, to secure the sum of two thousand dollars, together with the bond or obligation therein described, and the money due and to grow due thereon, with the interest. ido laue antb to lbolb the same unto the said party of the second part, his executors, administrators, and assigns, for his sole use, benefit, and behoof, for ever, subject only to the proviso in the said indenture of mortgage mentioned: and 1 do hereby make, constitute, and appoint, the said party of the second part my true and lawful attorney, irrevocable, in my name or otherwise, but at his proper costs and charges, to have, use, and take, all lawful ways and means for the recovery of the said money and interest; and in case of payment, to discharge the same as fully as I might or could do if these presents were not made. And I covenant, for myself, my heirs, executors, and ad. ministrators, that I am the true and lawful owner of the said

28 ASSIGNMENTS. bond and mortgage, and that I have just right, full power and authority to sell, assign, and dispose of the same; and that there is now owing thereon the said principal sum of two thousand dollars, together with the interest thereon, from the first day of August last past. 3n ititneu wbjereof, &c. [as in No. 22]. No. 24.-Assignment of Mortgage to be endorsed thereon.* I, JOHN DOE, in consideration offive hundred dollars, to me in hand paid by RICHARD ROE, of the city of Hartford, in the county of Hartford, and state of Connecticut, the receipt whereof is hereby acknowledged, do hereby assign, transfer, convey, and set over, unto the said RICHARD ROE, the within indenture of mortgage and the bond accompanying the same, and all my right, title, and interest, in and to the same, and do authorize the said RICHARD ROE, in my name or otherwise, but at his own costs and charges, to collect and obtain payment of the same. And I covenant that there is now owing for principal upon the said bond and mortgage the sum of five hundred dollars, and interest from the first day of July, one thousand eight hundred and fifty; and that I am the owner thereof, and have good right to sell the same.t Jn MitnesX wberof, &c. [as in No. 22]. No. 25.-Assignment to be endorsed on Mortgage when intended as Collateral Security. I, JOHN DOE, in consideration, &c. [as in No. 24 to f ]. But this assignment is upon this express condition, that if the said JOHN DOE, his heirs, executors, administrators, or assigns, shall well and truly pay or cause to be paid unto the said RICHARD ROE the sum of five hundred dollars, on or before the first day of July, one thousand eight hundred and fiftyeight, with interest thereon from the date hereof-then this assignment to be void: But if the said RICHARD ROE, his executors, administrators, * The regulations of the respective states, in regard to acknowledging and recording interests in landed property, will be found described on pages 150 to 341.

ASSIGNMENTS. 29 or assigns, shall collect the money secured by the bond and mortgage hereby assigned; then, after taking therefrom the said sum of five hundred dollars, with interest thereon friom the date hereof, and the amount of the costs and charges properly incurred in and about the collecting thereof, he or they shall pay over the surplus (if any) to the said JOHN DOE, his executors, administrators, or assigns. 3n vwitness twhereof, we have hereunto set otr hands and seals, this first day of October, one thousand eight hundred and fifty. Signed, sealed, and delivered, in presenrce of JOHN DOE (seal). JOHN SMITH, RICHARD ROE (seal). JAMES SHORT. No. 26.-Assignment of a Debt. Enowm all Maen bp ttee treuant1s that I, JOHN DoE, of the city of New Orleans, in the parish of Orleans, and state of Louisiana, in consideration of one thousand dollars to me in hand paid by RICHARD ROE, of the same place, the receipt whereof I hereby acknowledge, have sold, transferred, and assigned, unto the said RICHARD ROE, a certain debt due and owing to me from JOHN SMITH, of the city of Cincinnati, in the county of Hamilton, and state of Ohio, for [here state the consideration or cause of indebtedness], amounting to twelve hundred dollars: And I do hereby authorize the said RICHARD ROE, in my name or otherwise, but at his own costs, to sue for, collect, and receive, sell and transfer, settle and discharge, the said debt. And I do covenant that the said sum of twelve hundred dollars is justly owing and due to me from the said JOHN SMITH, and that I have neither done nor will do anything to lessen or discharge the said debt, or hinder the said RICHARD ROE or his assigns from collecting the same. tn mitnttess olterof, &c. [as in No. 22]. a 4

30;- ASSIGNMENTS. No. 27.-Assignment of Judgment. Sl)ig Ynbenture, made thefirst day of October, one thousand, eight hundred and fifty, between JOHN DOE, of the town of Winchester, in the county of Cheshire, and state of New Hampshire, of the first part, and RICHARD ROE, of the same place, of the other part: WHEREAS, the said party of the first parot, on the first day of June, one thousand eight hundred and fifty, recovered by judgment in the superior court of the state of New Hampshire, against JOHN SHORT, the sum of ten thousand dollars: Now tlJis jnbenture witnessetl, that the said party of the first part, in consideration of ten thousand dollars, to him duly pain, hath sold, and by these presents doth assign, transfer, and set over, unto the said party of the second part, and his assigns, the said judgment, and all sum and sums of money that may be had or obtained by means thereof, or on any proceedings to be had thereupon. And the said party of the first part doth hereby constitute and appoint the said party of the second part, and his assigns, his true and lawful attorney irrevocable, with power of substitution and revocation, for the use and at the proper costs and charges of the said party of the second part, to ask, demand, and receive, and to sue out executions, and take all lawful ways for the recovery of the money due or to become due on the said judgment; and on payment, to acknowledge satisfaction, or discharge the same: and attorneys one or more under him for the purpose aforesaid, to make and substitute, and at pleasure to revoke; hereby ratifying and confirming all that his said attorney or substitute shall lawfully do in the premises. And the said party of the first part doth covenant that there is now due on the said judgment the sum of ten thousand dollars, and that he will not collect or receive the same, or any part thereof, nor release or discharge the said judgment, but will own and allow all lawful proceedings therein, the said party of the second part saving the said party of the first part harmless of and from any costs in the premises. Jn mitnes mtl)cereof, the party of the first part hath hereunto set his hand and seal the day and year first above written. JOHN DOE (seal). Sealed and delivered in the presence of i JOHN SMITH, PETER JONES. )

ITo. 28.-Assignment of Lease. oinow all Alen bi3 tfhee preentt, that T, JOHN DoE, of the city of Boston, in the county of Stffolk, and state of Slassackusetts, for and in consideration of the sum of owe 7u,/?dred dollars, lawful money of the United St'ates, to me lduly paid by RICHARD ROE, of the same place, have sold., and by these presents do grant, convey, assign, transfer,.lnd set over, unto the said RICHARD RoE, a certain indenture of lease, bearing date the first day of Aprii, in the year one.thousand eight hundred andfifty, made by JAMES SMATIr, of the city of Boston cfor.csaid, to me for the term of twenty years, reserving unto the said JAMES SMATLw the yearly rent of two hund t ed dollars, payable qtuarcteHr., with all and( singular the pr.emises therein mentioned and described, and the buildings' thereon, together with the appurtenances. Qa:taue aulb to Il)lb the same unto the said RICH-ARUD RmOE, his executors, administrators, and assigns, from the first day of May nex.t ensuing,:for and during all the rest, residue, and'emainder, yet to come,;of and in the term of twent.y years mnentioned in the said indenture of lease: subject, nevertheless, to the rents, covenants, conditions, and provisions, thelein:also mentioned. [And I do hereby covena.ut, grant, pr-omise, and agree, to and with tbe sad RICHARD RoE, that thli said assigned prermises now are free and clear of and from all former and other gifts, grants, bargains, sales, leases, judg(ents, executions, back rents, taxes, assessments, and encumb rances, whatsoever.1 3a mt3itues mbfresof, &c. [a in Ao. 22]. Instead of the,clause within brackets, the following may be used:And I do hereby covenant and agree, to and with tthe said RICHARD RoE, that the said assigned premises are free and clear of and from all other gifts, grtants, -bargains, sales, leas.e. i~.,en-cuiinmbraei.'bsy -me suffered, made, or creaatedL

32 AS SIGN MENTH No. 29.-Assignment of Policy of Insurance,. tinor all Menm b3 tj ret Vr ntt, that I, JOHN DOE, of the city of St. Louis, in the county of St. Louis, and state of Missouri, for and in consideration of the sum of five hundred dollars, lawful money of the United States, to me in hrand paid by RICHARD Roe, of the same place, the receipt whereof is hereby acknowledged, do hereby sell, assign, transier, convey, and set over, unto the said RICHARD ROE all my right, title, interest, claim, and demand, in and to the within named policy of insurance, and all sum and sums of money, interest, benefit, and advantage whatever, now due or which may hereafter arise, or to be had or made, by virtue thereof to have and to hold the same unto the said RICHARD Roe,, hi, heirs and assigns, for ever. tn mitnerss tjcreaf, &c. [as in No. 22]. oo. 30.-Assignment for the Benefit of all Credit ors equlally tinouu atll en bh tla)stt Vtu nts, that I, JOHN DOE., of the town of Milford, in the county of New Havren, and state of Connecticut, for value received, have sold, and by these presents do grant, sell, assign, and convey, unto RICHARD ROE, of the same place, all the accounts, debts, dues, rotes, bills, bonds,. and demands, enumerated and specified in the schedule hereunto annexed, and marked " Schedule A;" t to have and to hold the sanmeunto: the said RICH ARDP ROE and ids assigns In trust to collect, sue for, demand, receive, and recover, all such sums of money as may be due, owing, and payable thereon; and after paying all reasonable and proper costs, charges, and expenses, to pay to each and all of my creditors, the fall sum that may be due and owing to them from me, of whom the said RICHARD ROE is one, and a full and complete list of whom, with the true amount due to each, is contained in the schedule hereto annexed, marked " Schedule B;" and if the proceeds of the said notes, accounts, bonds, "This assignment must be endorsed on the insurance policy, and approval ol the insurers attested by the signature of one of the principal officersr of the ins-u.ance company. t The schedules should state the assignment to which they belowng, 1& k ated and Bigeed [y the parties, for th purpose of identisati,.

ASSIGNMENTS. 23 and so forth, be not sufficient fully and entirely to pay off and satisfy each and all of my creditors, then to pay them pro rata in proportion to the amount due and owing to each. And if the proceeds as aforesaid shall be more than sufficient to pay and satisfy every one of my creditors, then to pay and return to me the balance tlhat may be left, if any, after paying all my creditors as aforesaid. And I do hereby nominate, constitute, and appoint, the said RICHARD ROE my true and lawful attorney, irrevocable, in my name or otherwise, for the purpose aforesaid, to ask, demand, sue for, collect, receive, and recover, all and singular such sum or sums of money as now are or hereafter may become due, upon, for, or on account of any of the property, effects, things in action, or demands above assigned; giving and granting unto my said attorney full power and authority to do and perform every act, deed, and thing, requisite and necessary in the premises; as fully, to all intents and purposes, as I might or could do, if this assignment had not been made; with full power of substitution and revocation, hereby ratifying and confirming all that my said attorney or his substitute may lawfully do or cause to be done, in the premises, by virtue hereof..1n witnmli w1atorf, &c. [as in No. 22]. No. 31.-Assignment by a Firm for the Benefit of Preferred Creditors. tl)i tnbjenture, made this first day of July, in the year one thousand eight hundred and fifty, between JOHN DoE and RICHARD DOE, of the city of Philadelphia, in the county of Philadelphia, and state of Pennsylvania, copartners, known as, and doing business under the name, style, or firm, of JOHN DOE and BROTHER, of the first part, and JAMES SMITH, of the city of Philadelphia aforesaid, of the second part: WHEREAS, the said firm or copartnership are justly indebted in sundry dues and considerable sums of money, and have become unable punctually to pay and discharge the same, and are desirous of making a fair, just, and equitable distribution tuf all their property and effects among their creditorsNow, tbesfore, tjtis Jnlbentiure itnessetl that the said parties of the first part, in consideration of the premises and

34 ASSIGNMNTYS. of the sum of one dollar to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, covenanted, released, sold, assigned, transferred, and set over, and by these presents do grant, bargain, covenant, release, assign, transfer, and set over, unto the said JAMES SMITH, of the second part, and to his heirs and assigns for ever, all and singular the lands, tenements, hereditaments, and appurtenances, situate, lying, and being within the state of Pennsylvania; and all goods, wares, merchandise, chattels, notes, bills, bonds, judgments, evidences of debt, securities and vouchers for and affecting the payment of money, claims, demands, things in action, and property of every name and nature whatsoever, of and belonging to the said parties of the first part (and which are more particularly and fully enumerated and described in the schedule hereto annexed, marked " Schedule A"). io i)av~ antb to trolb the same and every part and parcel thereof with the appurtenances thereunto belonging, to the said party of the second part, his heirs, executors, administrators, and assigns In trust, nevertheless, for and upon the following uses and purposes, namely: the said party of the second part to take possession of all and singular the lands, tenements, and hereditaments, property and effects, hereby assigned, and sell and dispose of the same upon such terms and conditions as in his judgment may appear best and most for the interest of all the parties concerned, and convert the same into cash; and to collect all and singular the said notes, bills, bonds, judgments, evidences of debt, securities, claims, demands, things in action,'and property, or so much thereof as may prove collectible, and thereulon execute, acknowledge, and deliver, all conveyances, receipts, and instruments, necessary and proper in the: premises, for the purposes aforesaid. And by and with the avails and proceeds of such sales and collections to pay or cause to be paidFirst, all the just and'reasonable expenses, costs, commissions, and charges, of executing and carrying out the objects of this assignmient; and all rents, assessments, and taxes, due or to become due on the lots, lands, tenements, and hereditaments aforesaid, until the same shall be sold and disposed of according to this assignment. &Secondly, to pay and discharge in full the several and respective debts, notes, bonds, obligations, and sums of money due or to grow due from the said parties of the first part, or

or htiich they are jointly liable to the said party of the see ond part, and the several other persons and firms specified in the schedule hereto annexed, marked " Sc/hedule B,'; together with all interest-moneys now due or -to grow due thereon; and if the said proceeds and avails shall not be sufficient to pay and-discharge the same -in full, then such proceeds ald avails shall be distributed pro rata among the said several persons and firms named in Schedule B aforesaid, in proportion to the amount of their respective claims. Thirdly, to pay and discharge all the other copartncrship,debts, demands, and liabilities whatsoever, now existing, whether now due, -or hereafter to beom due,ue, provided that there be sufficient funds for that purpose; and should they prove insufficient, then the same shall be applied p-o r-ata to the.payment of such debts, demands, and liabilities, in proportion to their respective amounts. FoortlMy, to pay and discharge all the private and individ-ual debts of the parties of the first part, or either of them, whether now due or to grow due, provided there be sufficient funds fir that purpose; and should they prove insufficient, then the same to be applied pro rata to the payment of the said debts in proportion to their respective amounts. Lastly, to return the full surplus of the said proceeds and avails, if any there shall be, to the said parties of the first part, their executors, administrators, and assigns. And for the better execution of these presents, and of the several trusts hereby reposed, the said parties of the first part do hereby nominate, -constitute, and appoint, the said party of the second part, their and -each of their true and lawful attorney, irrevocable, with full power and authority to do, transact, and perform all acts, deeds, matters, and things, which are or may be necessary in the premises, as fully and Completely as tley, the said;paties of the first part, or either of them, might or could do, were these presents not executed with full power of substitution and revocation, hereby ratifying and confirming all and every thing whatsoever that our said attorney or his substitute shall lawfully do or cause to be done in the premises. I3ua witrnes, -miereo, &c. -Sealed and delivered e in the presence of JOHN DOE (seat), JoHN SMI'rH, RICHARD DOE (seal), -PETERa JONE s

3 $ SSTIGNMEtNTS No. 32.-Assignment of the Partnership Property by one Partner to the other, to winda up tlh Concern. Ulis Jnbentnre, made this tenth day of October, one thoou sand eight hundred and fifty, between JOHN DOE, of the towzn of Concord, in the county of Mverrimack, and state of New Hampshire, and RICHARD ROE, of the same place. WHEREAS, a copartnership has heretofore existed between the said JOHrN DOE and RrCIIARD RoE, under the style and name of DOE and ROE, which said copartnership has been this day dissolved by mutual consent: Nou, ttlerefore, ti)i3 lnbeintare witneset4, that the said JOHN DOE has sold, assigned, transferred;, and' set over; and by these presents does sell, transfer, assign, and set over, unto the said~ RTICHARD ROE, his half part of all the goods' wares, nmerchandise, property, and effects, and stock in tradeo belonging to the said copartnership, and also all the accounts; notes, bills, bonds, things in action, claims and demands due and owing to the said firm. To. have and to hold the same unto himself and his assigns; in trust to sell the said property and effects in such manner as he may think proper, but not on a longer credit than ninety days; and to collect, demand, sue for, and receive, all sums of money due or to become due upon the said bills, notes, bonds, accounts, claims, and demands; and with the moneys thus collected, realized, and obtained, to pay off and discharge all the debts and obligations of the said firm, if the same shall be sufficient therefor; and of the balance, if any there shall be, after satisfying all the claims and demands against the frm, to pay over the one half part to the said JOHN DOE oz his legal representatives. And the said JOHN DOE doth hereby make, constitute, and appoint the said RICHARD Roe, his true and: lawful attorney; irrevocable, in the name of the late firm or otherwise, to sell the said property and effects of the late firm, and all the inter: est of the said JOHN DOE in and to the same; and also ask, demand, sue for, collect, and receive, any and all debts, claims, and demands, due or to become due and owing to the said late firm, to compound the same and prosecute suits for the recovery thereof in his disc-retion; to defend any and all suits that may be brought against the said firm; and to make, execute, deliver, and acknowledge, all necessary deeds, conYey

Ae5IGNMENT5. 37 ances, releases, receipts, and discharges, in the premises, and generally to do any and every act and thing requisite and necessary to secure a full, entire, complete, and speedy settlement of all the business and affairs of the late firm of Doe and Roe, hereby ratifying and confirming any and every thing which the said RICHARD ROE may lawfully do in the premises. And the said RICuARD ROE, for himself, his heirs, executors, and administrators, covenants with the said JOHN DOE, his heirs, executors, and administrators, that he will sell the aforesaid property to the best of his ability, a.nd for the best price he can obtain therefor; and will use all diligence to collect all the debts, claims, and demands, due the said late firm, and that he will faithfully apply the proceeds of such sales and claims in accordance with the above-recited trust. And the said JOHN DOE, for himself, his heirs, executors, and administrators, covenants with the said RICHARD ROE, that if, after the entire proceeds of said property and effects, claims and demands, of the said late firm, have been faithfully applied to the payment of the debts, liabilities, and obligations, of the said late firm, there shall remain any debt or liability unsatisfied, that then he, the said JoHN DOE, his heirs, executors, or administrators, will pay and satisfy the moiety or one half part of any and every such debt or liability; and the said RICHARD ROE, his heirs, executors, or administrators, fiom the one half part thereof save harmless and keep indemnified, 3n mitlneZ mtlercof, &c. [as in No. 251. No. 33.-Assignment of a Patent-Right. JlhIerCedS, JOHN DOE, of the town of Greenfield, in the county of Franklin, and state of Massachusetts, did obtain letters-patent of the United States for certain improvements in clocks, which letters-patent bear date the first day of April, one thousand eight hundred andfifty; and whereas, RICIIARD ROE, of the town of Portsmouth, in the county of Rockingham, and state of NLzw IIampshire, is desirous of purchasing from me all the right, title, and' interest, which I have in and to the said invention, in consequence of the grant of letterspatent therefor: NoWa t1ij;lnbtentme WitticssetI), that for and in consideration of the sum of one thousand dollars, lawful money of 4

38B ASSAIGNMENTS. the United States, to me in hand paid, the receipt whereof is hereby acknowledged, I have assigned, sold, and set over, and do hereby assign, sell, and set over, unto the said RilcuARD ROE, all the right, title, and interest, which I have in the said invention, as secured to me in the said letters-patent [for, to, and in the several states of Ohio and Michigan, and in no other place or places]: The same to be held and enjoyed by the said RIchARD ROE, for his own use and behoof; and for the use and behoof of his legal representatives, to the full end of the term for which the said letters-patent are or may be granted, as fully and entirely as the same would have been held and enjoyed by me had this assignment and sale not been made. 3-n tcBtimnonm wletref, I have hereunto set my hand and affixed my seal, this first day of October, one thousand eight hundred and fifty. JOHN DOE (seal). Sealed and delivered in presence of ) JOHN SMITH, JOHN STONE. This form can be used for the assignment of a partial right in a patent, by omitting the words (in the first paragraph) 6 purchasing from me all the right, title, and interest, which I have in and to the said invention, in consequence of the grant of letters-patent therefor," and inserting the words acquiring an interest therein," and by adding the words in brackets.* * This assignment must be recorded in the patent-office within three months fiom the date of the same. For fees, see " PATENTS."

AFFIDAVIT. 9 AFFIDAVIT. AN affdavit is a written statement, subscribed by the party making it, and sworn to or affirmed before the proper officer. A deposition is the testimony of a witness under oath, reduced to writing, No. 34. —Form of Affidavit State of Illinois, County of Kane, to wit: JOHN DOE, of the town of Geneva, in the county aforesaid, being duly sworn, says [here state the facts], and furthesays not. JOHN DOE. Sworn to this tenth day of October, A. D. 1850, before me, JOHN JONES'i. Commissioner of Deeds. If the matters embraced in the affidavit are not within the deponent's own knowledge, but have been communicated to him by others in whose assertion he places confidence, the affidavit should be in this form: State of Illinois, }o County of Kane, to JOHN DOE, of the town of Geneva, in the county aforesaid, being duly sworn, says that he has been informed, and believes it to be true, that [here insert what he has been in. formed of]; and further says not. JOHN DOE. Sworn to this tenth day of October, A. D. 1850, before me, JOHN JONES, Comnnissioner of Deeds. )

40 BILLS OF EXCHANGEo BILLS OF EXCHANGE. A bill of exchange is a written request from one person to another, desiring him to pay a sum of money to a third person, absolutely and at all events. They are seldom used except in drawing upon a person who is abroad in a foreign country. The person who draws the bill is called the drawer; the person on whom it is drawn is called the drawee. After the drawee has accepted the bill, he is called the acceptor. A bill or note drawn payable to order must have the name of the person to whose order it is made payable written on it before it can be negotiated to a third person; and he whose name is thus written on it is liable to pay the bill or note, if not paid, and he have due notice of the same. In accepting a bill of exchange or draft, write the word "accepted," together with the date when accepted, and the name of the party or firm accepting, across the face or on the back of the bill or draft. Acceptance acknowledges the genuineness of the signature of the drawer; and the acceptor would be liable to a holder in good faith, although the signature of the drawer were a forgery. When a bill is drawn payable so many days after sight, it should be presented for acceptance on the rext day after it is received. If you keep the bill without presenting it for acceptance, to the injury of the drawer, you must bear the loss yourself. The drawee of a bill has twenty-four hours' time within which to make up his mind whether he will accept the bill; but if he refuses to return it after the expiration of that time, he is to be considered as having accepted it. If the drawee refuses to accept a bill presented for acceptance, or to pay a bill presented for payment, it should be im

BILLS OF EXCHANGE. 41 mediately protested, and notice sent to all the endorsers on the bill; otherwise the endorsers will not be liable. Three days of grace, as they are called, are allowed on bills of exchange that are not drawn payable at sight; that is, they are not due until the third day after the time mentioned in the bill. If the third day happens to fall on Sunday, they are then due the day before, that is, on Saturday. A bill drawn at sight is payable on presentation: at least it is advisable to protest it first for non-payment, and then demand acceptance; and if acceptance is refused, protest it also for non-acceptance. A'person becoming surety for a note or bill of exchange, should be notified of its non-payment in the same manner as an endorser. A check ought to be presented for payment within twenty-four hours of the time of receiving it. If the drawer of a check payable on demand have no funds in the bank at the time it is drawn, it is a fraud. The holder of a check is not obliged to accept part payment thereof, although tendered by the bank: he has a right to have the whole, and may decline any less sum. If the drawee of a bill or maker of a note be out of the state or at sea, the same must be presented at his usual place of business, or at his place of residence, unless some other place is specified therein. Any material alteration of a bill of exchange, drafts, &c.such as an alteration in the date, in the amount, or the time of payment-discharges all the parties thereto who do not assent to the making of the alteration. See " PROMISSORY NOTES," &c. 40

No. 35.-Set of Foreign Bills of Exchange. 4n/ C / a / f 9/ 6fo/ X. ^ (XCf jannt /4'decOa la 4Xcz ~W^'~/, cau go e *^^ 3A. fxcze/ &elelec <elic/ e&'ezae/ MmIe/,9mec / a Zid1o9 /1 /1 e | Ad A1 e1CC & /16 \1L'P 6A_____Cd^ -...

No. 35.-Set of Foreign Bills of Exchange. Qeel&,al- aa/l M CeJgi. f. ~ i ff / X vi. (f^^P^) (Brxhnnt /Ago an&/ buff Iz9/ 27, {UU d1 Age/ -)ozdRez o g v / cize f o'// d / G / ic 1/ 1C63<, go accemYl c a/'o21d2 d'eIh 0 5P l /9 ed}, \c__ _ -- 23

No. 35.-Set of Foreign Bins of Exchange. (-.t6 /' c/0 67624/ 1(2( 2<~d &E ^iQ^^i^Q)6 / 0 GZ C/ 0avvzel / wal, 4''^ftyCwf69d 2^C X1Z6 a ee / | c.. z el <^?^ Q^ Je~e j'we^, ^/U azf6 J0Z ^^^^~~~ c^^'^^

BILLS OF EXCHANGE. 45 No. 36.-Ordinary Bill of Exchange or Draft at a certain Time after Sight. $250:: New Orleans, Sept. 12, 1850. Ten Days after sight,* pay to the order of I John Jones, Two Hundred and Fifty Dollars, Value received, and charge the same to account of. To Richard Roe, Yours, &c., Detroit, > John Doe, Ig ~ Michigan. New Orleans, La. No. 37.-Bill or Draft at a certain Time after Date.. $110.~I Chicago, July 10th, 1850. Twenty Days after date, pay to the order of James Smith, One Hundred and Ten T-oth Dollars,: Value received, and charge the same to account of; To Richard Roe, Yours, &c., g.... Buffalo, John Doe, go, NENew Yorck. Chicago, Ill. NIo. 38.-Check or Draft on a Bank, 04. 60. 50. lem ork, ta/ y /4, /'50. Pa2.t)i r ftl 3 ItFa. le. to t @ wa aef -I ve/zee For a bill payable at sight, instead of the words, ten days after sight, For a bill payable at sigh."t, instead ofpayable to order mut ben dorsed before usight insert " at sight." A check made payable to ordermust be endorsed before used.

46 BILLS OP SALE, BILLS OF SALE AND CHATTEL MORTGAGES. A bill of sale is a written instrument, transferring the ownership of personal property therein mentioned from one person to another. The things included in the bill of sale should be delivered into the entire and continued possession of the purchaser; else the sale will be presumed to be fraudulent as to the creditors of the vendor. A chattel mortgage is a written instrument, transferring the ownership of personal property therein mentioned conditionally. The usual condition is, that it is to become the property of the one to whom it is mortgaged, if the mortgager fail to make payment of money in the manner specified in the mortgage. As to the validity and registering of these mortgages, see the respective states. No. 39.-General Form of Bill of Sale. tnow all Mten b tl)ste Vrem nts, that I, JOHN DoE, of the city of Detroit, in the county of Wayne, and state of Mlichigan, of the first part, for and in consideration of the sum offive hundred dollars, lawful money of the United States, to me in hand paid, at or before the ensealing and delivery of these presents, by RICHARD ROE, of the same place, of the second part, the receipt whereof is hereby acknowledged, lhave bargained and sold, and by these presents do grant and convey, unto the said party of the second part, his executors, administrators, and assigns, one dark-bay colt, sixteen hands high, one single harness, one light single wagon, one cow, two pigs, and three geese. io lt)aX anUb to lo0lb the same unto the said party of the second part, his executors, administrators, and assigns, for ever. And I do for myself, my heirs, executors, and administrators, covenant and agree, to and with the said party of the second part, to warrant and defend the sale of the said goods and chattels hereby sold unto the said party of the second'

SILLS OF SALE. 47 part, his executors, administrators, and assigns, against all and every person and persons whomsoever. JSt witness wT)IrTf, I have hereunto set my hand and seal, this first day of July, one thousand eight hundred and fifty. JOHN DOE (seal). Sealed and delivered in the presence of! JOHN SMITH, PETER JONES. No. 40.-Bill of Sale of Horse, with Warranty. 3inow all Ment bJ tlre ]jreerntz, that I, JOHN DOE, of the town of Racine, in the county of Racine, and state of Wisconsin, of the first part, for and in consideration of the sum of one hundred and fifty dollars, lawful money of the United States, to me in hand paid at or before the ensealing and delivery of these presents, by RICHARD ROE, of the same place, of the second part, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do grant and convey unto the said RICHARD ROE, his executors, administrators, and assigns, one dark-bay horse, with a white star in the forehead, and a black mane and tail. dc )taut anu to l)ol the same unto the said RICHARD ROE, his executors, administrators, and assigns, for ever. And I do hereby warrant the said horse to be sound in every respect, to be free from vice, to be well broken, and kind and gentle in single and in double harness, and under the saddle; and I covenant for myself, my heirs, executors, and administrators, with the said RICHARD ROE, to warrant and defend the sale of the said horse unto the said RICHARD ROE, his executors, administrators, and assigns, against all and every person and persons, lawfully claiming or to claim the same, whomsoever. 3l lt mitneS ttrTof, I have hereunto set my hand and seal, this fifth day of July, one thousand eight hundred and fifty. JOHN DOE (seal), Sealed and delivered in the presence of PETER PEPPER, JOHN STONE.

48 BILLS OF SALE. No. 41.-Bill of Sale of Registered or Enrolled Vessel. tnomt all tlen bj ttlece tresentU, that I, JOHN Dot, of the city of San Francisco, in the state of California, owner of the ship or vessel called the America, of the burden of one thousand tons or thereabouts, now lying at the port of Sacramento, in the state aforesaid, for and in consideration of the sum offifty thousand dollars, lawful money of the United States, to me in hand paid by RICHARD ROE, of the place first aforesaid, at or before the ensealing and delivery of these presents, the receipt whereof I hereby acknowledge, have granted, bargained and sold, and by these presents do grant, bargain, and sell, unto the said RICHARD ROE, his executors, administrators, and assigns, all the hull or body of the said ship or vessel, together with the masts, bowsprit, sails, boats, anchors, cables, spars, and all other necessities thereunto appertaining and belonging; the certificate of the registry or enrolment of which said ship or vessel is as follows, to wit [here copy the whole of the certificate of registry or enrolment.] go t1avt anb to 1bolb the said ship or vessel, and appurtenances thereunto belonging, unto the said RICHARD ROE, his executors, administrators, and assigns, to his and their proper use, benefit, and behoof, for ever. And I, the said JOHN DOE, for myself, my heirs, executors, and administrators, do covenant with the said RICHARD ROE, his executors, administrators, and assigns, that I am the sole, true, and lawful owner of the said ship America, and her appurtenances; and that I have full power, good right, and lawful authority, to sell and dispose of the said ship and her appurtenances in manner aforesaid. And I do further covenant, for myself, my heirs, executors, and administrators, that I, the said ship America and her appurtenances, as aforesaid, against the lawful claims of all persons whomsoever, claiming or to claim the same, will for ever warrant and defend. fn tIitless wtuercof, I have hereunto set my hand and seal, this first day of July, one thousand eight hundred and fifty. JOHN DOE (seal). Sealed and delivered in the presence of ) JOHN SMITH, JOHN JONES.

lo. 42.-F-orm of Chattel Mortgage. aio alt tIo Wtlom tlese tresents ttall come, KNOW Y.% dilat JOHN DOE, of the town of Princetn, in tile county of Aliddlesex, and state of New Jersey, of the first part, for securing the payment of the money hereinafter mentioned, and in consideration of the sum of one dollar to me duly paid by RICHARD ROE, of the city of Trenton, in the county of Htgngingdon, and state of NeYe Jersey, of the second part, at or before the ensealing and -delivery of these presents, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do grant, bargain, and sell, unto the said party of the second part, all my househ.oldfurniture4 and all other goods and chattels mentioned in the schedule hereunto annexed,* and now in the h:ouse in which I reside in the town aforesaid. o3 {atjav afb to qOllb all and singular the goods and chattels above bargained and sold, or intended so to be, unto the said party of the second part, his executors, administrators, and assigns, for ever. And I, the said party of the first part, for myself, my heirs, executors, and administrators, all and singular the said goods and chattels above bargained and sold, unto the said party of the second part, his heirs, executors, administrators, and assigns, against me, the said party of the first part, and against all and every person or persons whomsoever, shall and will warrant, and for ever defend: tpont cotbitiont, that if I, the said party of the first part, shall and do well and truly pay unto the said party of the second part, his executors, administrators, or assigns, the sum of three hundred dollars on the first day of August next-then these presents shall be void. And I, the said party of the first part, for myself, my executors, administrators, and assigns, do covenant and agree, to and with the said party of the second part, his executors, administrators, and assigns, that in case default shall be made in payment of the said sum above mentioned, then it shall and may be lawful for, and I the said party of the first part do hereby authorize and empower the said party of the second part, his executors, administrators, and assigns, with the aid and assistance of any person or persons, to enter my dwellinghouse, store, and other premises, and such other place or places as the said goods or chattels are or may be, and take * Annex a schedule, specifying all the articles mortgaged, adapted to the wants of the case. The play of one is appended to this mortgage.

CHATTEL O'Sl'BY1'AG'E'S'SCWI'tL'.fI and carry away the said goods and chattelss and to sell an-d dispoe'of the same for the best price he can obtain; and olut of the money arising therefronm, to retain and pay the said sum above mentioned, and all charges touching the same, rendering the overplus (if any) unto me or to my executors, administrators, or assigns, And until default be made in the payment of the said sum of money, I am to remain, and con:tinue in the quiet andi peaceable possession of the said goods and chattels, and the full and free enjoyment (of the same. ffn titnae wltjreof, I, the said party of the first part, have hereunto set may hand and, seal the first day of Seytemr ber, one thousand eight hundred and fifty. JOHN DOE (seal Sealed and delivered in the presence of ) JOHN STONE, JoHN SMITH. Schedule referred to in the foregoing Mortgage; IN THE PARLOR. No. I.-Two mahogany sofas. 2.-Fourteen mahogany chairs,. " 3.-One large looking-glass, " 4.-One centre-table. " 5.-One card-table. IN THE DINING-ROOM, 6.-One dining-table. d. 7.-Ten cane-bottomed chairs. 8 S.-One sideboard. d 9.-One clock. " 10.-One lounge. 11. —One book-case. [And so on throug4 the list in each room.] September 1, 1850. JOHN DOE. Witness { JOHN STONE, Witness JOHN SMITH.

BILLS OF LADING. 61 BILLS OF LADING, A bill of lading is a receipt from the agent or master of a vessel, that he has received the goods named therein, and an agreement for the safe carriage of the same to the port of destination, and delivery to the person to whom they are consigned. Two or three bills are usually signed, one to be retained by the agent of the vessel, and another to be for warded to the party to whom they are shipped. See article, "LIABILITIES OF COMMON CARRIERS." No. 43.-Bill of Lading. i)]ippbz, in good order and well conditioned, by Jonq DOE, on board the ship called the United States, whereof RICHARD ROE is master, now lying in the port of New York, and bound for Havre, France. To say: five packages of merchandise, being marked and numbered as in the J. M. margin, and are to be delivered in the like order HFren, and conition at the port of Havre, France (the Fr dangers of the seas only excepted), unto JACQUrS MONTALEMBERT, or to his assigns, he or they paying freight for the said packages the sum of five dollars, with fifty cents primage and average accustomed. Jn witttneS tfereof, the master or purser of said vessel hath affirmed to two bills of lading, both of this tenor and date; one of which being accomplished, the other to stand void. Dated in New York, thefirst day of October, one thousand eight hundred and fifty. RICHARD ROE, Master

S6^29~~ BONDS. BONDS. A bond is a written instrument under seal, acknowledging some liability, duty, or obligation, with a penalty for non-fulfilment. Fraud vitiates every instrument into which it enters. The maker of the bond is called the obligor, the person to whom it is made the obligee. As to what is sufficient to constitute a seal, see the respeotive states, titles, deeds, &c. The amount of money first named in a bond for the payment of money is called the penal sum, and is usually double the amount of the condition, in order to cover interest and cost of recovery, should the conditions of payment not be complied with. No. 44.-Bond for the Payment of Money. ionam all Mtian bf tl)tet reisnts, that I, JOHN DOE, of the town of Jamaica, in the county of Queens, and state of New York, am held and firmly bound unto RICHARD ROE, of the city of Brooklyn, in the county of Kings, and state of New York, in the sum of two thousand four hundred dollars, lawful money of the United States, to be paid to the said RICHARD ROE, his executors, administrators, or assigns: for which payment, well and truly to be made, I bind myself, my: heirs, executors, and administrators, and each of them, firmly by these presents. Sealed with my seal. Dated the first day of December, one thousand eight hundred and fifty.-* bt rcnbition of the above obligation is such, that if the above bounden JOHN DOE or his heirs, executors, or administrators, shall well and truly pay, or cause to be paid, unto the above-named RICHARD ROE, his executors, administrators, or assigns, the just and full sum of twelve hundred dollars on the first day of May next, with interest thereon at the rate of seven per cent. per annum-then the above obligation to be void, otherwise to remain in full force and virtue. JOHN DOE (seal). Sealed, &c., in presence of JOHN JONES and JOHN SMITH,

BONDS. 53 No. 45.-Bond, conditioned that if the Interest is not paid within a certain Time after it is due, the whole Sum, Principal and Interest, shall, at the option of the Obligee, be due imnmediately. ofnow all Alen b~1 tle)z'rt~entt, that I, JOHN DOE, of the city of Portland, in the county of Cumberland, and state of Maine, am held and firmly bound unto RICHARD ROE, of the same place, in the sum of two thousand eight hundred dollars, lawful money of the United States, to be paid to the said RICHARD ROE, his executors, administrators, or assigns: for which payment, well and truly to be made, I bind myself, my heirs, executors, and administrators, and every of them, firmly by these presents. Sealed with my seal. Dated the tenth day of August, one thousand eight hundred and fifty. lj CrOllbitiont of the above obligation is such, that if the above-bounden JOHN DOE, or his heirs, executors, or administrators, shall well and truly pay, or cause to be paid, unto the above-named RICHARD RoE, his executors, administrators, or assigns, the just and full sum of one thousandfour hundred dollars on the tenth day of March, which will be in the year one thousand eight hundred and fifty-six, and the interest thereon, to be computed from the date hereof, at and after the rate of six per cent. per annum, and to be paid quarter yearly -then the above obligation to be void, else to remain in full force and virtue. And it is hereby expressly agreed, that should any default be made in the payment of the said interest, or of any part thereof, on any day whereon the same is made payable, as above expressed, and should the same remain unpaid and in arrear for the space of ten days, then and from thenceforth, that is to say, after the lapse of the said ten days, the aforesaid principal sum of one thousand four hundred dollars, together with all arrearage of interest thereon, shall, at the option of the said RICHARD RoE, his executors, administrators, and assigns, become and be due and payable immediately thereafter, although the period above limited for the payment thereof may not then have expired, anything herein. before contained to the contrary thereof in any wise notwithstanding. Sealed and delivered in the pres- ) ence of JOIN JONES, JOHN DOE (seal). JOHN SMITH.I 5

An6M ~ BONDS. No. 46.-Bond of a Corporation. Einom all itten bt tlhee resents, that the president and directors of the Ascutney Bank, at the city of Cleveland, in the county of Cuyahoga, and state of Ohio, are held and firmly bound unto JOHN DOE, of the village of Parkman, in the county of Geauga, and state of Ohio, in the sum of ten thousand dollars, lawful money of the United States, to be paid to the said JOHN DOE, his executors, administrators, or assigns: for which payment, well and truly to be made, the president and directors of the said Ascutney Bank bind themselves and their successors firmly by these presents. Sealed with their corporate seal. Dated the fifth day of July, one thousand eight hundred and fifty. C0 rotnbition of the above obligation is such, that if the above-bounden president and directors of the Ascutney Bank shall well and truly pay, or cause to be paid, unto the abovenamed JOHN DOE, the sum of five thousand dollars on the first day of August next, with interest thereon at the rate of five per cent. per annum-then the above-written obligation to be void, otherwise to remain in full force and virtue. RICHARD ROE, PRESIDENT (corporate seal). Sealed and delivered in the presence of ) JOHN JONES, JOHN SMITH. No. 47.-Bond to be given to a Sheriff, to indemnify him for levying upon Goods, Sc., when claimed by another than the Judgment Debtor. Enow all MUen by tflee Ipreento, that we, JOHN DOE and RICHARD ROE, both of the city of Madison, in the county of Jefferson, and state of Indiana, are held and firmly bound unto JOHN SMITH, sheriff of the said county of Jefferson, in the sum of one thousand dollars, lawful money of the United States, to be paid to the said JOHN SMITH, or to his certain attorney, executors, administrators, or assigns: for which payment, well and truly to be made, we bind ourselves, our and each of our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals

Dated the'enth day of June, one thousand eight hundred and Afty. lul)etreas, the above-bounden JoIzH DOE and RICHARD ROE did obtain judgm ent in the suspreme court against JOHN JONES for three,u]Zndired dollars, damages and costs, whereupon execution has been issued, directed, and delivered to the said JOHN SMITH, commanding him, that of the goods and chattels of the said JOHN JONES, he should cause to be made the damages and costs aforesaid. And whereas, certain goods and chattels that appear to belong to the said JOHN: JONES are claimed by JAMES SHORT, of tlhe said city of Madison: Norm, tteref0te, ft)e Cotbititn of this obligation is such, that if the above-bounden JOH-IN DOE and RICHARD ROE shall well and truly save, keep and bear harmless, and indemnify the said JOHN SMITH, and all and every person and persons aiding and assisting him in the premises, of and from all harm, let, trouble, damage, costs, suits, actions, judgments, and executions, that shall or may at any time arise, come, or be brought against him, them, or any of them, as well for the levying and&making sale under and by virtue of such execu-tion, of all or any goods or cha ttels which he or they shall or mnay judge to belong to the said JOHN JONES, as well as in entering any shop, store, building, or other premises, for the taking of any such goods and chattels-then this obligatioa to be void, else to remain in full force and virtue. Signed, sealed, and deliv-;ered, in presence of JOHN DOE (seal). PETER PENNY, RICHARD ROE (sealj. HIRAM JACOBS.01 No. 48.-Bond to E xecutors. junow altl Mten bg t~t1e t rsetnts, that I, JOHN Do0, of the village of Clinton, in the county of Oneida, and state of New York, am held and fi-rmly bound unto RtCIIARD ROO, of the.city of Utica, in the county of Oneida, and state of New York, and PETER SMITTH, of the village of Clinton, in the county'of Oneida, and state of e\Tew Yorlk, executors of,the last will and testament of P:ETER HAMILTON, late of the vilgage of Clinton, in the county of Oneida, and state of New York, now deceased, and the survivor of them, his or their asRgts, in the penal sum offive thousand dollars, lawful money

of the United States, to be paid to the said exeeutors, or te survivor of them, his or their assigns: for which payment, well and truly to be made, I bind myself, my heirs, executors, and administrators, and every of them, firmly by these pres ents. Sealed with my seal. Dated this first day of May one thousand eight hundred and fifty. Now, ttje conbition of this obligation is s-uclh that if the above-bounden obligor, his heirs, executors, or administrators, shall well and truly pay, or cause to be paid, unto the said RICHAPD RoE and PETER SMITH, as such executors as aforesaid, or the survivor of theem, his or their assigns, the sum of two thousand five hundred dollars on the first day of M"day, one thousand eight hundred and fifty-three, with interest thereon at the rate f seven per cent. per annum-then this obligation to be void, otherwise to remain in full force, virtue, and effect. JOHN DOE (sea1). Sealed and delivered in presence of ) JOHN SMITH, JOHeN STONE, S Io. 49.-Bond for a Deecd 6rttW all rlen, &c. [as in No. 44 to the * ]Novlt tl4 ~roltbitiant of this obligation is such, that if thle above-bounden obligor shall,, on the tenth day of December next, make, execute, and deliver, unto the said RICHARD Ron (provided that the said RICHARD RO, shull on or before that day have paid to the said obligor the sum of twelve hundred dollars, the price by said RICHARD ROE %areed to be paid therefor), a good and sufficient conveyance in fee simple, with the usual covenants, of all that certain piece ar -na'rel of land [here describe the landl-then this obligation to bh void, otherwise to remain in full force, virtue, and effect. JOHN PCT sJ). Sealed and delivered in the presence of JOHN SMITH, PETER JONE.S.

BONDS. 57 No. 0O.-Bond of Treasurer or Trustee of an Association. Enow all 4lten bA t1)ee 3Jrento, that we, JOHN DOE, as principal, and RICHARD ROE and IRA STEARNS as sureties, all of the city of Richmond, in the county of Hlenrico, and state of Virginia, are held and firmly bound unto HENRY HIGGINS and THOMAS SHARPE, both of the city of Richmond aforesaid, in the sum of one thousand dollars, lawful money of the United States, to be paid unto the said HENRY HIGGINS and THOMAs SHARPE, or their successors in office, or their,certain attorneys, executors, administrators, or assigns; to which payment, well and truly to be made, we jointly and severally bind ourselves, our heirs, executors, and administrators, firmly by these presents. Sealed with our seals, and dated the twentyfifth day of December, one thousand eight hundred and fifty. itle rontbition of this obligation is such, that whereas the above-named JOHN DOE has been chosen by an association, known as the Union Association, treasurer [or one of the trustees] of said association, by reason whereof, and as such treasurer [or truzstee], he will receive into his hands and possession divers sums of money, goods and chattels, and other things, the property of said association; and is bound to keep true and accurate accounts of said property, and of his receipts and disbursements for and on account of said association: Now, therefore, if the said JOHN DOE shall well and truly perform all and singular the duties of treasurer [or trustee] of said association, for and during his official term, and until he shall deliver all the property which he may receive as such treasurer [or trustee] to his successor in said office, or to such other person as the said association or its authorized officers may direct, according to the provisions of the constitution, by laws, rules, and regulations, of said association now existing, or which may be by said association adopted; and shall keep true and just accounts of all property belonging to the said association that may come to his hands; and shall exhibit and submit to the said association, or to the persons by them thereunto appointed, his said accounts and the vouchers therefor, whenever he shall be thereto properly requested; and shall, at the expiration of his term of office, by any cause whatever, deliver up to his successor in office all the property of the

(538 IpBONDS. said association that may be found to remain in his hands, and his books of accounts, and the vouchers thereunto belonging -then this obligation shall be null and void, otherwise to remain in full force and virtue. Signed, sealed, and deliv- JOHN DOE (seal) JOHJON S HOE (seal). ered, in presence of RICHARD ROE (seal) JOHN SMITH, | -RICH ARD ROE (sealj7 JARMES SHORT. | IRA STEARNS (seal). JAMES SHORT. No. 51. —Bottomry Bond. Unor all Aeil bQ the* PresenYt^, that I, JOHN DOE, now master and commander of the bark or vessel called the lsidore, of the burden of five hundred tons or thereabouts, now lying at the port of Baltimore, am held and firmly bound unto RICHARD ROE, of the city of Baltimore, in the county of Baltimore, and state of Maryland, in the sum of two thousand dollars, lawful money of the United States, to be paid to the said RICHARD ROE, or to his certain attorney, executors, administrators, or assigns: for which payment, well and truly to be made, I bind myself, my heirs, executors, and administrators, and also the said vessel, her tackle, apparel, and furniture, firmly by these presents. Sealed with my seal, at the city of Baltimore, this first day of November, one thousand eight hundred and fifty. WBhtrlea, the above-bounden JOHN DOE has been obliged to take up and borrow, and has received of the said RICHARD RoE, for the use of the said vessel, and for the purpose of fitting the same for sea, the sum of one thousand dollars, lawful money of the United States, which sum is to be-and remain as a lien and bottomry on the said vessel, her tackle, apparel, and furniture, at the rate or premium of twenty-five per cent. for the voyage; in consideration whereof, all risks of the seas, rivers, enemies, fires, pirates, &c., are to be on account of the said RIChARD ROE: And for the better security of the said sum and premium, the said master doth, by these presents, hypothecate and assign over to the said RIcHARD ROE, his heirs, executors, administrators, and assigns, the said vessel, her tackle, apparel, and furniture. And it is hereby declared that the said vessel Isidore is thus hypothecated and assigned over for the security of the money so borrowed,

BONDS —B-OTVTOME Mi and taecen up as aforesaid, and shall be delivered for no other tase or purpose vhatever, until this bond is first paid, together with the premium hereby agreed to be paid thereon. XoW, Ott Conbition of this obligation is such, that if the above-bounden JOHN DOE shall well and truly pay, or cause to be paid, unto the said RICHAUD ORen, his certain attorney, executors, administrators, and assigns, the just and full sum of one tkousand dollars, lawful money as aforesaid, being the sum borrowed, and also the premium aforesaid, at or before the expiration of ten days after the arrival of the said vessel at the port of New York-then this obligation, and the said bypothecation, to be void and of no effect, otherwise to remain in full force and virtue. Having signed and executed two bends of the same tenor and date, one of which being accomplished, the other to be void and of no effect. JOHN DOE (sealJo Sealed and delivered in the presence of } PETER PEPPER, JOHN STO.NE.. NoTE. —Bottomry is the act of borrowing money, and pledging the keel or bottom of the ship (that is, the ship itself) as security for the repayment of the money. The contract of bottomry is in the nature of a mortgage-the owner of a ship borrowing money to enable him to carry on a voyage, and pledging the ship as security for the money: but if the ship is lost, the lender loses the money; if she arrives safe, he is to receive back the money lent, with the interest agreed upon, although it may exceed the legal rate of interest. The tackle of the ship is also liable as well as the ship itself, and,he borrower is likewise personally responsible if the ship arrive. Respon dentit is where the money is borrowed upon goods thipped, instead of the ship itself

C0o-iPOSIrIof N WITHX CBE'D-JITO i COMPOSITION WITH CRTEDITORS. THIS is a contract between~ a debtor who is able ony st pay a portion of his debts, with his creditors, whereby they agree to accept a certain sum less than the original claim; and, upon the receipt thereof not to prosecute or trouble the debtor on account of his debt. Io. 52.-form for Composition WitLh Creditors, Unov.1al Uen bp ftd}c e 3resent5, that whereas JouH DOE' iS justly indebted unto us, JOHN JONES, HENRY SMITH, and THOMAS SHARPE, creditors of the said JOHN DOE, in" divers, sums of money, which he has become unable fully to pay and discharge: therefore wre, the said creditors, do consent and'agree with the said JOHN DOE to demand less than, the full amount of our respective claims, aid- to accept of ten cents for every dollar owing to each of us the said' creditors of the said JOHN DOE', in full satisfaction and discharge of our several claims and demands; the said sum of ten cents on a dollar to be paid to each of us, our heirs, executors, and administrators, within the space of thirteen months from the date hereof. And we, the creditors aforesaid, do further severally and respectively covenant and agree with the said JO N DoE, that he may, within the said time of thirteen months friom the date hereof, sell and dispose of his goods and chattels, wares: and merchandise, at his own free will and pleasure, for the payment of the ten cents on the dollar of each of our respective debts; and that neither of us will, at any time hereafter, sue, arrest, or attach the said JOHN DoE, or his goods aacid chattels, for any debt now due and owing to us or any of us, provided the said JOHN DOE does well and truly pay, or cause to be paid, the said ten cents for every dollar of each of our several and respective claims against him. And all and each of the covenants and agreements herein contained shall extend to and bind our several executors, administrators, and assigns. ja Wittaes mwereo, &c. [as in No. 25.

orNTRACTS..61 CONTRACTS. A contract is an agreement, between two or more parties, for the performance of some certain thing by them respectively agreed upon. For forms of contracts, see under the bead " AGREEMENTS.? A charter-party is a contract of affreightment in writing9 by which the owner of a vessel lets the whole or a part of her to another for the conveyance of goods on a particular voyage, in consideration of the payment of freight. lio. 53. —orm of C'harter-Party. lliB C1}artter3lart, made and concluded upon in the city of eive Y6rk, the tenzth day of October, in the year one thousand eight hundred and l 4ftfy, between JoN DoE,'agent for the owner and master of the brg iEag'le, of the city of New York, of the burden of four bun etred tons or thereabouts, register measurement, now lyilng in the harl bor of Mobile, in tbe state of Alabama, of the first part, an d RICHAnRD ROE, merchant, of the city of Mobile, in tl e state of Alabama, of the second part, it;t1g e'tt1, that the said party of the first part, for and in consideration of the covenants and agreements hereinafter mentioned, to be kept and performed by the said party of the second part, doth covenant andc agree on the fieighting and chartering of the said vessel unto the said party of the second part, for a voyage fromn the port of M3obile, in the state of Alabama, to Liverpool, JE ngland, on the terms following, that it is to say: First. The said party of the first part does engage that the said vessel in and during the said voyage shall be kept tight, stanch, well fitted, tackled, and provided with every requisite, and with men and provisions necessary for such a voyage. Second. The said party of the first part does further engage that the whole of said vessel (with the exception of the cabin, the deck, and the necessary room for the accommodation of the crew, and the stowage of the sails, cables, and provisions) 6

CONTRACTS shall be at the sole use and disposal of the said party of the second part during the voyage aforesaid; and that no goods,or merchandise whatever shall be laden on board, otherwise than from the said party of the second part, or his agent, without his consent, on pain of forfeiture of the amount of freight agreed upon for the same. Third. The said party of the first part does further engage to take and receive on board the said vessel, during the aforesaid voyage, all such lawful goods and merchandise as the said party of the second part or his agents think proper to ship. And the said party of the second part, for and in consideration' of the covenants and agreements to be kept and performed by the said party of the first part, does covenant and agree with the said party of the first part, to charter and hire the said vessel as aforesaid, on the terms following, that is to say: First. The said party of the second part does engage to provide and furnish to the said vessel a sufficient cargo of freight for ballast from one port to another on her voyage. Second. The said party of the second part does further engage to pay to the said party of the first part, or his agent, for the charter or freight of the said vessel during the voyage aforesaid, in the manner, following, that is to say:'For the voyage to Liverpool, the sum offour thousand dollars, lauful money of the United States, on the delivery of the freight aforesaid in the port of Liverpool. It is further understood and agreed that the said party of the second part, or his agent, is to pay all foreign port-charges, pilotage, and dues incurred by the vessel on her voyage, exclusive of the before-mentioned sum of four thousand dollars; the said party of the second part, or his agent, to furnish the said party of the first part suficient money in the port aforesaid free of charge for the same. It is further agreed between the parties to this instrument, that the said party of the second part shall be allowed for the loading and discharging of the vessel at the respective ports aforesaid, lay days as follows, that is to say: in the port of Mobile twenty lay days, and customary despatch in the port of Liverpool. And in case the vessel is longer detained. the said party of the second part agrees to pay to the said party of the first part at the rate offifty Spanish milled dollars per day, day by day, for every day so detained, provided such

CONTRACTS. 6 detention shall happen by default of said party of the second part, or his agent. It is also further understood and agreed, that the cargo or cargoes shall be received and delivered alongside of the vessel, within reach of her tackles, or according to the custom and usages at the ports of loading and discharging. It is also further understood and agreed, that this charter shall commence when the vessel is ready to receive cargo at her place of loading, and notice thereof is given to the party of the second part, or his agent; and the said party of the first part agrees to proceeed with all despatch from Mobile direct to Liverpool, and there discharge the cargo aforesaid. To the true performance of all and every of the foregoing covenants and agreements, the said parties each to the other do hereby bind themselves, their heirs, executors, administrators, and assigns (especially the said party of the first part the vessel, her freight, tackle, and appurtenances; and the said party of the second part the merchandise to be laden on board), each to the other in the penal sum of eight thousand dollars. Stn witinet vwjij 0f, the said parties have hereunto interchangeably set their hands and seals the day and year first above written. Sealed and delivered!) in the presence of JOHN DOE (seal). JoHN SMITH, RICHARD ROE (seal). JOHN STONE.

64 DEEDS AND MORTGAGEBo DEEDS AND MORTGAGES. STRICTLY speaking, every instrument under seal is a deed but, in ordinary language, a conveyance of lands is intended. There should be a good consideration for a deed, which may be money, goods, services, or marriage. A deed in fee simple is a conveyance of the absolute andl entire ownership of the land. A warranty deed is a conveyance in which the grantor agrees to be answerable for any defect whatever that there may be in the title. A quit-claim deed is one whereby the grantor conveys away all the title (if any) that he may perchance have in the land. A trust-deed is a conveyance by which the grantee takes the estate upcn some trust, or for some special purpose, therein specified. A mortgage is a deed of lands conditionally, and is usually given to secure the payment of money, by pledging the land of the grantor therefor. It is usual to execute a bond, bearing date on the same day with the mortgage, specifying the amount to be paid, the time when it is to be paid, and the interest agreed upon, to secure which the mortgage is given. In some states a promissory note is used instead of a bond. The description of the premises should be exact, so that they may be readily identified. These instruments should always be sealed, subscribed by the person whose estate is conveyed, and by that person acknowledged before the proper officer. If it be impossible to acknowledge the instrument at the time of execution, it is advisable always (and in some states requisite) that it should be witnessed by two subscribing witnesses. The person to whom the conveyance is made should immediately have tne instrument recorded in the proper office.

DEEDS. 65 When a deed, mortgage, or release, is executed to two or more persons, the -whole name of each should be given; and also when they are the grantors, each should sign his individual name. Never sign as a firm. As to acknowledgments, and the rights of the wife, see the respective states. For form of satisfaction of mortgages, see " RELEASE AN SATISFACTION." No. 5. —Simple Deed, with Warranty. ~bis i lbeCtttnrC, made the fifth day of December, in the year one thousand eight hundred and fifty, between JOHN DOE, of the city of Detroit, in the county of layne, and state of Michigan, of the first part, and RICHARD ROE, of the same place, of the second part-* iitlleS tdtf, that the said party of the first part., for and in consideration of the sum of ten thousand dollars, lawful money of the United States, to him duly paid before the delivery hereof, hath bargained and sold, and by these presents doth grant and convey to the said party of the second part, his heirs and assigns, for ever, all that certain piece or parcel of land, lying and being in the county of Shiawassee, and state of iMichigan, and which is known and described as follows, to wit:The north half of the northeast quarter of section number ten of town number eight north, in range. number six east, containing eighty acres more or less, together with all and singular the tenements, hereditaments, and appurtenances, and all the estate, title, and interest, of the said party of the first part therein. And the said party of the first part doth hereby covenant and agree with the said party of the second part, that at the time of the delivery hereof, the said party of the first part is the lawful owner of the premises above granted, and seized thereof in fee simple absolute, and that he will warrant and defend the above-granted premises in the quiet and peaceable possession of the said party of the second part, his heirs and assigns, for ever. 3n11 itncs w1trtof, I have hereunto set my hand and seal, this fifth day of December, one thousand eight hundred and fifty. ^ JOHN DOE (seal). Sealed and delivered in the presence of JOHN SarMITH, PETERi JONES., * }

~~~66 3~DEEDS. No. 55.-Simple Deed, without Warranty. t4i Jbenutlttr, &c. [as in No. 54 to the * ] jitneetlh, that the said JOHN DOE, for and in consideration of one thousand dollars, lawful money of the United States, to him in hand paid by the said RICHARD ROE, the receipt whereof is hereby acknowledged, hath granted, bargained, and sold, and by these presents doth grant, bargain, sell, convey, and confirm, unto the said RICHARD ROE, his heirs, executors, administrators, and assigns, for ever, all and singular that certain piece or parcel of land situate in the town of Andover, in the county of Windham, and state of Vermont [here describe the land], together with all and singular the tenements, hereditaments, and appurtenances, thereunto belonging; and the reversions, remainders, rents, issues, and profits thereof, and all the estate, title, and interest, of the said JOHN DOE, to the said premises, or any part thereof..n wittn eszte wl of, &c. [as in No. 54]. No. 56.-Quit-claim Deed by Husband and Wife.* hji, JYlbnentute, made the tenth day of April, in the year one thousand, eight hundred and ffty, between JOHIN DOE, of the city of Nashvzlle, in the county of Davidson, and state of Tennessee, and SUSAN his wife, parties of the first part, and RICHARD ROE, of the town of Lebanon, in the county of Wilson, and state of Tennessee, party of the second part-t XJitte,eth, that the said parties of the first part, for and in consideration of the sum of two thousand dollars, lawful money of the United States, to them in hand paid by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have remised, released, and quit-claimed, and by these presents do remise, release, and quit-claim, unto the said party of the second part, and to his heirs and assigns, for ever, all that certain piece or parcel of land lying and being situated in the town, &c. [here describe the land], together with all and singular the tenements, hereditaments,' It will be understood that the forms in which the wife is included are also correct for a single person, by the omission of those parts which refer to the wife and her interest in the property.

DEEDS. 67 and appurtenances, thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, dower and right of dower, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said parties of the first part, of, in, or to the above-described premises, and every part and parcel thereof with the appurtenances. (o lcte an b to l)olb all and singular the above mentioned and described premises, together with the appurtenances, unto the said party of the second part, his heirs, and assigns, for ever. l miitne* rtlercof, the said parties of the first part have hereunto set their hands and seals the day and year first above written. JOHN DOE (seal). SUSAN DOE (seal). Sealed and delivered in the presence of JOHN SMITH, JOHN JONES. No. 57.-Deed, by Husband and Wife, with full Covenants (or Warranty). lt)i nrubentarze, &c. [as in No. 56 to the t ]bjitncszetj, that the said parties of the first part, for and in consideration of the sum of twelve hundred dollars, lawful money of the United States, to them in hand paid by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, and the said party of the second part, his heirs, executors, and administrators, for ever released and discharged from the same, by these presents, have granted, bargained, sold, aliened, remised, released, conveyed, and confirmed, and by these presents do grant, bargain, sell, alien, remise, release, convey, and confirm, unto the said party of the second part, and to his heirs and assigns, for ever, all that, &c. [here describe the property], together with all and singular the tenements, hereditaments, and appurtenances, thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, dower and right of dower, property, possession, claim, and

68 DEEDS. demand whatsoever, as well in law as in equity, of the said parties of the first part, of, in, and to the same, and every part and parcel thereof, with the appurtenances. Co Il)an alit to t1)lb the above granted, bargained, and described premises, with the appurtenances, unto the said party of the second part, his heirs and assigns, to his and their own proper use, benefit, and behoof, for ever. And the said JOHN Doe, for himself, his heirs, executors, and administrators, doth covenant, grant, and agree, to and with the said party of the second part, his heirs and assigns, that the said JOHN DOE, at the time of the sealing and delivery. of these presents, was lawfully seized in his own right of a good, absolute, and indefeasible estate' of inheritance, in fee simple, of and in all and singular the above granted and described premises, with the appurtenances, and has good right, full power, and lawful authority, to grant, bargain, sell, and convey the same, in manner aforesaid: and that the said paity of the second part, his heirs and assigns, shall and may, at all times hereafter, peaceably and quietly have, hold, use, occupy, possess, and enjoy the above-granted premises, and every part and parcel thereof, with the appurtenances, without any let, suit, trouble, molestation, eviction, or disturbance, of the said parties of the first part, their heirs or assigns, or of any other person or persons lawfully claiming or to claim the same: and that the same now are fiee, clear, discharged, and unencumbered, of and from all former and other grants, titles, charges, estates, judgments, taxes, assessments, and encum-. brances, of what nature or kind soever: and also that the said parties of the first part and their heirs, and all and every person or persons whomsoever, lawfully or equitably deriving any estate, right, title, or interest, of, in, or to the herein before-granted premises, by, from, under, or in trust for them or either of them, shall and will, at any time or times hereafter, upon the reasonable request, and at the proper-costs and charges in the law, of the said party of the second Doart, his heirs and assigns, make, do, and execute, or cause to be made, done, and executed, all and every such further and other lawful and reasonable acts, conveyances, and assurances in the law, for the better and more effectually vesting and confirming the premises hereby granted or so intended to be, in and to the said party of the second part, his heirs and assigns, for ever, as by the said party of the second part, his heirs or assigns, his or their counsel learned in the law, shall

DEEDS. 69 be reasonably advised or required. And the said Jour DOE, his heirs, the above described and hereby granted and released premises, and every part and parcel thereof, with the appurtenances, unto the said party of the second part, his heirs and assigns, against the said parties of the first part and their heirs, and against all and every person and persons whomsoever, lawfully claiming or to claim the same, shall and will warrant and by these presents for ever defend. tn mitne w rhereof, &c. [as in No. 56]. No. 58.-Deed by Executors. T!i$ Jnhtbenare, made the twentieth day of March, one thousand eight hundred and fifty, between JOHN DOE, of the city of Mlemphis, in the county of Shelby, and state of Tennessee, and RICHARD ROE, of the town of Raleigh, of the county and state aforesaid, executors of the last will and testament of JOHN SMITH, late of Raleigh, in the county of Shelby, and state of Tennessee, deceased, parties of the first part, and JOHN JONES, of Raleigh, in the county of Shelby, and.state of Tennessee, farmer, party of the second parttitntesetl, that the said parties of the first part, by virtue of the power and authority to them given in and by the said last will and testament, and for and in consideration of the sum of eight hundred dollars and twenty-five cents, lawful money of the United States, to them in hand paid at or before the ensealing and delivery of these presents, by the said party of the second part, the receipt whereof is hereby acknowledged, and the said party of the second part, his heirs, executors, and administrators, for ever released and discharged from the same by these presents, have granted, bargained, sold, aliened, released, conveyed, and confirmed, and by these presents do grant, bargain, sell, alien, release, convey, and confirm, unto the said party of the second part, his heirs and assigns for ever, all thatcertain piece or parcel of land, situate, lying, and being in the town of Raleigh, in the county of Shelby, and state of Tennessee, and which is known and described as follows [here insert description of land]; together with all and singular the edifices, buildings, rights, members, privileges, advantages, hereditaments, and appurtenances, to the same belonging, or in any wise appertaining; and the reversion and reversions, remainder and remainders, rents,

70 DEEDS. issues, and profits thereof: and also all the estate, right, title, interest, claim, and demand whatsoever, both in law and equity, which the said testator had in his lifetime, and at the time of his decease, and which the said parties of the first part, or either of them, have or hath, by virtue of the said last will and testament, or otherwise, of, in, and to the same, and every part and parcel thereof, with the appurtenances. C0o batue ant to 1)olb the said premises above mentioned and described, and hereby granted and conveyed, or intended so to be, with the appurtenances unto the said party of the second part, his heirs and assigns, to his and their only proper use, benefit, and behoof, for ever. And the said parties of the first part, for themselves severally and respectively, and for their several and respective heirs, executors, and administrators, do severally, and not jointly, nor the one for the other or others of them, nor for the heirs, executors, administrators, or acts or deeds of the other or others of them, but each and every of them, for himself only and for his and their heirs, executors, and administrators, and their several and separate acts and deeds only, covenant, grant, promise, and agree to and with the said party of the second part, his heirs and assigns, that the said party of the second part, his heirs and assigns, shall and lawfully may from time to time, and at all times for ever hereafter, peaceably and quietly have, hold, use, occupy, possess, and enjoy, all and singular the said hereditaments and premises hereby granted and conveyed, or intended so to be, with their and every of their appurtenances, and receive and take the rents, issues, and profits thereof; to and for his and their own use and benefit, without any lawful let, suit, hinderance, molestation, interruption, or denial whatsoever, of, from, or by them the said parties of the first part, their heirs or assigns; or of, from, or by any other person or persons whomsoever lawfully claiming, or who shall or may lawfully claim hereafter, by, from, or under them, or either of them, or by, fiom, or under their or either of their right, title, interest, or estate: and that free and clear, and freely and clearly discharged, acquitted, and exonerated, or otherwise well and sufficiently saved, defended, kept harmless and indemnified by them, the said parties of the first part, their heirs and assigns, of, from, and against all and all manner of former and other gifts, grants, bargains, sales, mortgages, judgments, and all other charges and encumbrances whatsoever, had, made, commit

DEEDS. 71 ted, executed, or done, by them the said parties of the first part, or by, through, or with, their or either of their acts, deeds, means, consent, procurement, or privity. 3n mtittes tl)erecof, the said parties to these presents have hereunto interchangeably set their hands and seals the day and year first above written. Signed, sealed, and deliv- JOHN DOE (seal). ered, in presence of RICHARD OE (seal ) HENRY HIGGINS, r RICHARD ROE (seal). JAMERS SHoT. s JOHN SMITH (seal). JAMES SHORT. No. 59. —Trust-Deed. CI)i 3 Jhltnture, &c. [as in No. 54 to * ]bBtreas, the said JOHN DOE is desirous to make provisionfor his daughter JANE DOE, now of the age of twenty-two years, against future contingencies, and for her maintenance and support; and whereas, the said JOHN DOE is desirous that his said daughter should enjoy the proceeds, rents, issues, and income, of the real estate hereinafter more particularly described, during the term of her natural life, free from the control, liabilities, or interference, of any husband that she now has or may hereafter have: Now, therefore, tl)is Jnbenture mitnessetl, that the said JOHN DOE, in consideration of the premises, and of the sum of one dollar, lawful money of the United States, to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, hath bargained, sold, aliened, remised, released, conveyed, and confirmed, and by these presents doth bargain, sell, alien, remise, release, convey, and confirm, unto the said party of the second part, all that certain lot, piece, or parcel of land situate, lying, and being in the town of, &c. [here describe the premises]; together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in any wise appertaining; and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well at law as in equity, of the said party of the first part, of, in, or to the above-described premises, and every part and parcel thereof, with the appurtenances. Qoa 1atv anttb to

72 DEEDS. tolb all and singular the above mentioned and described premises, together with the appurtenances,/unto the said RICHARD RoE, his successors and assignsI ul:&t,* and to and for the several uses, intents, and purposes, hereinafter mentioned, namely: First. In trust to lease the same, and to take, collect, and receive the rents, issues, and profits thereof; and out of the same to keep the said premises in good order and repair, and properly insured, and pay all taxes, assessments, and charges, that may be imposed thereon. Secondly. In trust to pay the residue of such rents, issues, and income, to my daughter JANE DOE, upon her sole and separate receipt, to the intent and purpose that she may enjoy, possess, and have the same, free from the control, interference, or liabilities, of any husband she now has or may hereafter have, during the term of her natural life. Thirdly. In trust to convey the said land and premises to such person or persons as she, the said JANE DOE, by her last will and testament, or by an instrument in the nature of a last will and testament, subscribed by her in the presence of two credible witnesses, notwithstanding her coverture, may direct and appoint. And the said JOHN DOE hereby declares, that upon the decease of his said daughter JANE DOE, the said trusts shall cease and determine, and the land and premises above described, shall belong, in fee simple absolute, to such person or persons as the said JANE DOE shall, as aforesaid, direct and appoint; and in default of such appointment, shall revert to the said JOHN DOE, the grantor herein named, and to his heirs, to his and their sole use, benefit, and behoof, for ever. And the said party of the second part doth hereby signify his acceptance of this trust, and doth hereby covenant and agree, to and with the said party of the first part, faithfully to discharge and execute the same according to the true intent and meaning of these presents. 3n witnes% xultreof, &c. [as in No. 54]. * It will be understood that only the general idea of the manner in which a trust should be drawn can be given: the condition for which the trust is granted must depend on the nature of the property and intention of the grantor.

Ho. GO.-Short Form of Mortgage, with Power of Sale. ljiS Jtt'bmitlt, made the thirtietk day of November, in tie year one thousand eight hundred andity., between JOHN DOE, of the town of [Vheatlan.d, in the county of Mlonroe, and state of New York, of the first part, and RICHARD ROE, of the village of Scottvillc, in the county of Monroe, and state of l\Tw York, of the second parttitnes:etll, that the said party of the first part, in consideration of the sum of one thou sacnd'dollars, lawful money of the United States, to him duly paid, has sold, and by these presents does grant and iconvey, to the said party of the second part, aJl that certain piece or parcel of land, &c. [here describe the land], with the appurtenances, and all the estate, title, and interest, of the said party of the first part therein. Cl)is ut(rat is intended as a security for the payment of one thossand dollars, on the first day of January, one thousand eight hundred and fifty-five, with interest thereon, payable semi-annually, at the rate of seven per cent. per annum, which payments, if duly made, will render this conveyance void. And if default shall be made in thie payment of the principal or interest above mentioned, then the said party of the second part, and his assigns, are hereby authorized to sell the premises above granted, or so much thereof as will be necessary to satisfy the amount then due, with the costs and expenses allowed by law. 3n mtit tne ettreof, &c. [as in No. 54]. No. 61. —Mortgage by Husband and Wife, with Interest and Insurance Clause. (tl)i Jtb1entttr, made the sixth day of July, in the year one thousand eight hundred andfifty, between JOHN DOE, of the city of Charleston, in the district of Charleston, and state of South Carolina, and JANE his wife, parties of the first part, and RICHARD ROE, of the same place, party of the second part: tl)ereas, the said JOHN DOE is justly indebted to the said party of the second part in the sum of one thousand four hunrted dollars, lawful money of the United States, secured to 7

be paid Ty his certain bond or obligaton Tienrfff even ftf Trlilh these preserts, hr the e p-en-a' sulm oWf tfro t7.o/tat.i/ f.i, /;t hi,?nzdred'dolkl ars, lawfiul money eas dalfresaid, tcolditiloleIl i)or the paymelnt Cof tle said first-'mentitn(ed sutm of orne tow./.ani'd foa',r hundred dollars, lawfui l monley as afIoresai, to lthe said party of the second part, his exe.cutors-, a:mimlistirators, or asfig.ns, oI the tenth cday of Sl'arc/, which will be in the yeaz of oUr Lord one thousand e tight hundreda and Jfij-sx, and} the interest thereon, to be computled from the date hiere., at and after the rate of six per cent. per anialnn, anrel to ETe paid quarter y/early: And it is thereby expre-ssly agreed, thati.hllould any default be made in the payment of the said interest, or of any part thereof, on any day wbereon the same ib mlade payable, as above expressed, and should the same remailn unpaid and in arrear for tihe space of ten days, then and from thenceforth, that is to say, after the lapse of the said ten days, the aforesaid principal sum of one thousand four hundred dollars with all arrearage of interest thereon, shall, at the option of the said party of the second part, his executors, administrators, or assigns, become and be due and payable' immediately thereafter, although the period above limited for the payment thereof may not then have expired, anything therein before contained to the contrary thereof in any wispe notwithstanding as by the said bond or obligation, ano the condition thereof, reference being thereunto had, may more fully appear.* NOW1 tlis,jnbentutre mttnttetlt,' that the said parties of the first part, for the better securing the payment of the said sum of money mentioned in the condition of the said bond or obligation, with interest thereon, according to the true intent and meaning thereof, and also for and in consideration of the sum of one dollar, to them in hand paid by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, releasedl conveyed, and confirmed, and by these presents do grant, bargain, sell, alien, release, convey, and confirm, unto the said party of the second part, and to his heirs and assigns for ever, all that certain lot, piece, or parcel of ground, situate, lying, and being in the district aforesaid, and which may be better known and described as follows, namely: Beginning at a " Bond No. 45 has been drawn to correspond witih thi a ortgage, and shoumt ac'cmpany it, to mrk the papers comppletek

MOIT'GAGER 75.post planted on tie northerly side of the h iglhway leading fromn the said. ctity of Chlarleston to Palmetto bridge distant two h/undred and fifty eet easterly from the easterly side of John Smiithz's store mill; thence running north twent/-fi e degrees east thirty chain.s, to a stone there planted; thence tast sixty-fice degrees south thirty-fire chains; thence south twenty-fiee degrees west tweenty-fir:e chainss, to the said northerly side of the said highway; thence wtesterly along the northerly side qf the highway thirty-six chains, more or less, to the place of beginning, containing by admeasurement ten acres more or less:* together with all and singular the tenements, hereditaments, and appurtenances, thereunto belonging or in any wise appertaining; and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof: and also all the estate, right, title, interest, dower and right of dower, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said parties of the first part; of, in, and to the same,; and every part and parcel thereof, with the appurtenances. go Ihave ainb to 1jolb the above granted and described premises, with the appurtenances, unto the said party of the second part, his heirs and assigns, to his and their own proper use, benefit, and behoof, for ever: PROVIDED ALWAYS, and these presents are upon this express condition, that if the said parties of the first part, their heirs, executors, or administrators, shall well and truly pay unto the said party of the second part, his executors, administrators, or assigns, the said sum of money mentioned in the condition of the said bond or obligation, and the interest thereon, at the time and in the manner mentioned in the said condition, according to the true intent and meaning thereof, that-then these presents, and the estate'hereby granted, shall cease, determine, and be void And the said JOHN DOE, for himself, his heirs, executors, and administrators, doth covenant and agree to pay unto the said party of the second part, his executors, administrators, or assigns, the said sum of money, and interest, as mentioned above, and expressed in the condition of the said bond. [And it is also agreed by and between the parties to these presents, that the said parties of the first part shall and will keep the buildings erected and to be erected upon the lands T This form of describing property is that usually adopted in the older states The description in No. 54 applies to lands which have been surveyed by tIh general government.

76 IMORTGAAGES. above conveyed, insured against loss and damage by fire, by insurers and in an amount approved by the said party of the second part, and assign the policy and certificates thereof to the said party of the second part; and in default thereof, it — shall be lawful for the said party of the second part to effect such insurance, and the premium and premiums paid for effecting the same shall be a lien on the said mortgaged premises, added to the amount of the said bond or obligation, and secured by these presents, and payable on demand with inter est at the rate of seven per cent. per annum.]* 3'n witntes mllereof, the parties to these presents hava hereunto set their hands and seals the day and year first above written. Signed, sealed, and delivered, in presence of JOHN DOE (seal). PETErR PENNY, JANE DOE (seal). IHIRAM JACOBS. No. 62. — ortgage to Executors. Iie Jllnbentrte, made the tenth day of April, in Lh; year one thousand eight hundred and fifty, between Jot;i DOE, of the city of Savannah, in the county of Chlathtam, and state of Georgia, of the first part, and RICHARD ROE a1d JotiN JONes, both of the town of M/Iilledgeville, in the county uf Baldwin, and state of Georgia, executors of the labt will and testament of JOHN SMITH, late of Milledgeville aforesaid, of the second part: 33l)reaes, the said JOHN DOE is justly indebted to the said parties of the second part in the sum of ten thousand dollars, lawful money of the United States, secured to be paid by his certain bond or obligation, bearing even date with these presents, in the penal sum of twenty thousand dollars, lawful money as aforesaid, conditioned for the payment of the said firstmentioned sum of ten thousand dollars, on the first day of January, in the year one thousand eight hundred and fifty six, with interest thereon at the rate of six per cent. per annum, payable semi-annually, as by the said bond or obligation and the condition thereof, reference being thereunto had, may more fully appear. * This insurance claume may be omitted at pleasure.

MORTGAGES. 77,Now thits 2nbenttnre witnesrtl), that the said party of the first part, for the better securing the payment of the said sum of money mentioned in the condition of the said bond or obligation, with interest thereon, according to the true intent and meaning thereof, and also for and in consideration of the sum of one dollar to him in hand paid by the said parties of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, released, conveyed, and confirmed, and by these presents doth grant, bargain, sell, alien, release, convey, and confirm, unto the said parties of the second part, and the survivors and survivor, and their assigns, for ever, all that, &c. [here describe the property mortgaged]; together with all and singular the tenements, hereditaments, and appurtenances, thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof: and also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, and to the same, and every part and parcel thereof, with the appurtenances. go havet anb to lo1lb all and singular the above granted, bargained, and described premises, with the appurtenances, unto the said parties of the second part, the survivors and survivdr, and their assigns, to their only proper use, benefit, and behoof, for ever: PROVIDED ALWAYS, and these presents are upon this express condition, that if the said party of the first part, his heirs, executors, or administrators, shall well and truly pay unto the said parties of the second part, the survivors or survivor, or their assigns, the said sum of money mentioned in the condition of the said bond or obligation, and the interest thereon, at the time and in the manner mentioned in the said condition, according to the true intent and meaning thereof, that then these presents, and the estate hereby granted, shall cease, determine, and be null and void. And the said JOHN Doil, for himself, his heirs, executors, and administrators, doth covenant and agree to pay unto the said parties of the second part, the survivors or survivor, or their assigns, the said sum of money, and interest, as mentioned above, and expressed in the condition of the said bond, nit mitnes wl)veot, &c. [as in No. 54]. 7*

78 MORTGAGES. No. 63.-Mortgage to secure a Note. Ol)ies Jnbenture, made the twe7fth day of October, in the year of our Lord one thousand eight hundred and fifty, between JOHN DOE, of Iowa City, in the county of Johnson, and state of Iowa, of the first part, and RICHARD ROE, of the town of Galena, in the county of Jo Daviess, and state of Illinois, of the second part: tOitncsetl, that the said party of the first part, in consideration of the sum of seven hundred and ten dollars, lawful money of the United States, to him in hand paid, the receipt whereof is hereby acknowledged, hath granted, bargained, sold, aliened, remised, released, conveyed and confirmed, and by these presents doth grant, bargain, sell, alien, remise, release, convey, and confirm, unto the said party of the second part, and to his heirs and assigns for ever, all that, &c. [here describe the property mortgaged], together with all and singular the tenements, hereditaments, and appurtenances, thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, and to the same. io lave- alb to 1lolb the above granted and described premises, with the appurtenances, unto the.said party of the sec. ond part, his heirs and assigns, to his and their own proper use, benefit, and behoof, for ever: PROVIDED ALWAYS, and these presents are upon this condition, that if the said party of the first part shall well and truly pay his certain promissory note, bearing even date herewith, given to the said party of the second part for the sum of seven hundred and ten dollars, lawful money as aforesaid, according to the tenor of said note, then these presents shall become void, and the estate hereby granted shall cease and utterly determine. n11 mitnles mlereof, the said party of the first part to these presents has hereunto set his hand and seal the day and year first above written. JOHN DOE (seal). Sealed and delivered in the presence of } JOHN SMITH,, JOHN JONES.

No. 64.-Mortgage on Lease, with Covenant to Insure. ~lij Snbelttt-ctne, made the sevew7tl day of November,'in dhe year one th(usand eight hundred and i^fty, between Jo1N DoE, of the ei-' ct/ of:New,Yrk, in iite county of NT: Acio /Yorl and state of New Yl0ork, and RicnARn ROE, of tlhe 6',ive l7ac', parl-ies of the. first part, and JOHN SnMlrIT, of the village of TViliamsulrgsiA. in the county of Kings, and state of 1ew oirk, of the second part: tilerea4, JOHN JONES did, by a certa'in indenture of lease, bearing dale thefirst day of Aucgust, in the year one thouand eight hunlred and fjfty, demise, lease, and to farm let, tunto the said parties of the first part, and to thedir executors, Rad.ministrators, and assigns, all arid singular lle premises hereinafter mentioned and described, togetlier with their a.pplurtenances: ~: t1gv alt b;o0 t)3lb thle same unto the said par ties of the first part, atnd t their executo'rs, administiators, and assig-ns, for and odurinng and until th1e full end andc termn of.twe:ty-onwe years, fo'm the first day of August last, and fully *to be complete and ended, yielding and paying lherefor unto Ihe said JOHN JO NES, and to his h:e irs, executors, administrators, or assigns, the yearly rent or sum of one hundred dollars: anRd whereas, the said parties of the first part are justly indlebted to tbe said party.o the seconl paFrt, in tfe sum of rfie h]ndared dollars, lawful money of the United States, secured to be paid by -their certain bond or obligation bearilng even date with these presents, in the penal sum of one ttoousand dollars, lawfai rn.oney as -afbresaid, conrditio-ised for the payment of the first-mentioned sum of fie l.ut drIed dollars, as by the said bond or obligationml atnd the cotdition thereof! refere:.ece being thereunto had, imay more fully appear: Nom toi, 3nStnbetm rc mi. c tev.aetcb ti-hat'tole said parties of the first part, for the belter securmilg the p'ayment of 1tle said sum of money mentioned in the ci(,nditioni of tIbe s ai1 bond or obligationl'w, ith interest thlereon, acccv'dingl to t he true intent and meaning thereof, aliAi also for alndm in (onsideration of the sum of one dallar, to theminn land paid by thle said party of the second part, at or before the ensealing and delivery of these presents, tle receipt whereof is hereby acinowledged, have granted, bargained, sold, assigned, transirrai, ad set o.wer and by th1ese presents do grant, bargaai.n

at) MORTGAGE'S sell, assign, transfer, and set over, iunto the said party of ti" second part, all that certain piece, parcel, or lot of land, situate in the city of New York, in the county of New York, and state of New York, a.nd which is knownl and described as follows, namnely [khere describe the landj,, together with all and singular the edifices, building& rigts, nTgh embers, privileges;, and appurtenances, theremunto belonging. or in any wise appertaining: and also all the estate, rigiht, title; interest, termrL of years yet to come a-d unexpired, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said parties of the first part, of,-in, and to the said demised premises, and every part and parcel thereof, with the appurtenances: and also the said indenture of lease, and every clause, article, and condition, therein expressed and contained, 0o t)ate athb to.)olb the said indenture of lease, and other hereby granted p remises, unto the said party of the second part, his executors, ad'ministrators, and assigns, to his and their only proper use, benefit, and behoof, fr and during all the rest, residue, and remainder, of th:e said term of years yet to, c.ome and unexpired l:. subject, nevertheless, to the rents,. covenants,, contditions, and provisionis, in the said indenture of lease mentioned: PnovlrDED A.LWAYS, anid these presents are upon tlhis express condition, that if the said parties of the first part shall well and truly pay unto, the said party of the second part the said sum of money mentioned in the condition of the said bond or obligation, and the interest thereo;n at the time and in the manner mentioned in the said condition, accordinng to the true intent and' meaning thereof; that then and from thenceforth these presents, and the estate hereby granted, shall cease, determine, and be utterly null and void, anything berein before contained' to thecontrary in any wise notwithstanding. And the said parties of the first part do hereby covenant, grant, promise, andl agree to and with the said party of the second part, that they shall' well and truly pay unto the said party of the sece ond part, the said sum' of money mentioned in the condition of the said bond or obligation, and the interest thereon, according to the condition of the said bond or obligation; and that the said premises hereby conveyed now are fiee and clear of all encumbrances whatsoever, and that they have good right and lawful authority to convey the same in manner and form' hereby conveyed: and if default shall be made in the payment n'the said sum of' mooney abo'e. ma-ntioncet;, oQr i the ~a'e3'.

gMORTGAGES. 81 which shall accrue thereon, or of any part of either, that then and fiom thenceforth it shall be lawful for the said party of the second part, and his assigns, to sell, transfer, and set over, all the rest, residue, and remainder, of the said term of years then yet to come, and all other the right, title, and interest, of the said parties of the first part, of, in, and to the same, at public auction: and as the attorney of the said parties of the first part, for that purpose by these presents duly authorized, constituted, and appointed, to make, seal, execute, and deliver to the purchaser or purchasers thereof, a good and sufficient aso signment, transfer, or other conveyance in the law, for the same premises, with the appurtenances; and out of the money arising from such sale, to retain the principal and interest which shall then be due on the said bond or obligation, together with the cost and charges of advertisement and sale of the same premises, rendering the overplus of the purchase money (if any there shall be) unto the said parties of the first part, or their assigns; which sale, so to be made, shall be a perpetual bar, both in law and equity, against the said parties of the first part, and against all persons claiming or to claim the premises, or any part thereof, by, from, or under them, or any of them. [And it is also agreed by and between the parties to these presents, that the said parties of the first part shall and will keep the buildings erected and to be erected upon the lands above conveyed, insured against loss and damage by fire, by insurers, and in an amount approved by the said party of the second part, and assign the policy and certificates thereof to the said party of the second part; and in default thereof, it shall be lawful for the said party of the second part to effect such insurance, and the premium and premiums paid for effecting the same shall be a lien on the said mortgaged premises, added to the amount of the said bond or obligation, and secured by these presents, and payable on demand, with interest, at the rate of seven per cent. per annum.]* nt mitnets Wlereof the parties of the first part to these presents have hereunto set their hands and seals the day and year first above written. Sealed and delivered in the presence of JOHN DOE (seal). JOHN GATES, RICHARD ROE (seal). JOHN STONE. * This clause can be omitted when not required.

DOWEPt DOWER. DOWER is the interest which the law allows a wife in th3 lands of her husband, in the event of her survviing him. It is generally the right to have the one third part in value of the lands of her husband set off to her for her use during her natural life, but which she can not dispose of for a longer period than her life, The rights of the wife in personal property depend on the statute regulations of the states. If the husband by his will devise a legacy to her in lieu of her dower, she has the right to choose which she will take, the dower or the legacy. In case of an exchange of lands, the widow must elect whether she will take her dower in the lands given in exchange or in those taken in exchange. An assignment of dower is a conveyance, by the heirs, of a certain part of the lands to the widow for life, in lieu and satisfaction of her dower interest in the whole. Never take a conveyance of real estate from a married man without seeing that his wife joins in the conveyance, and properly acknowledges it, according to the laws of your state, before the proper officer. If she be not twenty-one years of age, she can not bar her right of dower, in which case it will be of no use for her to join in the conveyance. As to acknowledgments by the husband and wife, see the respective states. A female wishing to secure the property she may possess, so as to enjoy the benefit of it after marriage, free from the control and liabilities of her husband, can effect her purpose by conveying it to a third person in trust for her benefit. If a husband wishes to convey property to a wife, he can do so by conveying to some fiiend in trust for her benefit. Such a conveyance would be set aside on the application of creditors whose rights were prejudiced by it, but they will secure the property to the wife against everybody else.

No. -5. —Assignment of Dower.:Ci]s Jtrbcnltrte, made the thirtieth day of November, ri the year one thousand- eight huldred and jfifty,between JoHN DoE, o(f the townn of Mforri'.touon, in the county of iMorris, and state of Vrew Jerse/y, and RIC IARD DOE, of the towm of 7a/h4way, in the county of RSssex, aind state of New -Jersey, sole heirs of WILLIAm DOE, late of Slorristv wn aforesaidl, now deceased, parties of the first part, and SUSAN tDoS, of Mioro fistown afo.reaM, widow anid relict of the said W ILLIAM Do E deceased, of the oether part:- bl1creas., the said WtILLIAM DOE. was seized at the time of his decease in fee simple of certain lands and tenements, ihich, upon his decease aforesad, descended to the said JoHN DOE and RICHARD DOE, his sole heirs at lawNowm tl)i: ntbentltre wtitn setl), that the said JoHnr DOE and RICHARD DOE have set off and assigned, and by these presents do set off and assign, unto the said SUSAN DoE, *all that, &c..[t-er e describe t/e premises assigneld: or 1(ave aillb t0o i])lb the same, with all the. tenements and applurteiances thereunto belonginig, iunto the said SUSAN DOE, for,and during the term of her natural life, as and for her dower, -and in lieu of and full satisfaction of all her dower and claim of dower, in the lands of which the said NVWILUIAM Dos died seized. And the said SJSeAN Do-E hereby signifies her acceptance -of the plemises so set off and assigned to her, as and for her,dower:and in full satisfaction of all ter dower and claim of diower in the lands whereof the said WILL1AM DoEm, her late husband, died seized. Jf witncss Whteveof, the parties to these presents have helreunto set t~heir hands and seals the day and year first above written. Signed, sealed, and deliv- J N D 0 JOHN DOE (seaZ). ered, in presence of R CHARD DOE (sea. HENRY HIGG1NS, R.SUSAiN DOE (sea-l JAMES S-aOT, DO'

No. 66.-Release of Dowert Qao all to whom tiltce 3reenta ct4all romre, S'us. DOE, of the city of Pittsburgh, in the county of Allegany, and state of Pennsytrvania, widow and: reliet of JOHN D)o, late of the same place, deceased, sends greeting: KNOW YE, that the said SUSAN DOE, the party of the first part to these presents, for and in consideration of the sui-n of five hundred dollars, lawful money of the United States, to her in hand paid at or before the ensealing and delivery of these presents, by RICHARD DOE, of the city of Tlheeling, in the county of Ohio, and state of Virginal, of the second part, the receipt whereof is hereby acknowledged, hath granted, remised, released, and for ever quit-claimed, and by these presents doth grant, remise, release and for ever quit-claim, unto the said party of the second part, his heirs and assigns for ever, all the dower and thirds, right and title of dower and thirds, and a1l other right, title, interest, property, claim, andr demaxnd whatsoever, in law and equity, of her, the said party of the first part, of, in, and to all that certain piece or parcel of land, &c. [here describe the premises]; so that she, the said party of the first part, her heirs, executors, administrators, or assigns, nor any other person or persons, for her, them, or any of thermn shall not have, claim, challenge, c-r demand,. or pretend to have, claim, challenge, or demand, any dower or thirds, or any other right, title, claim, or demrand whatsoever, of, in, and to the same, or any part or parcel thereof, in whosoever hanlds, seisin, or possession, the same may or can be, and thereof and therefrom shall be' utterly barred and excluded for ever by these presents. It msitnL.,s r:c-cof, the saiid party of the first part to these presents hath hereunto set her haind and' seal, the first day of November, in the year of our Lord one thousand eig; tmndred and fifty. SUSAN DOE (seal), Sealed and delivered ir the preeence of ) PET' E PEFPPE R, JOrN STONE,

tANDLORL AND TENANT. ~ LANDLORD AND TENANT, A landlord is one who lets or leases property. A tenant is the person to whom it is leased. A lease is a contract whereby the owner of property con. veys the use of it to another for a limited time, at a stipulated rent or consideration, payable at specified periods. In drawing a lease, care should be had that all the conditions and liabilities on which the premises are granted and taken are clearly specified in it. An under-lease is the contract whereby a tenant leases his leasehold property to some third person, who is called an nwider-tenant. Leases should be in writing, They are of four kinds, namely:- Lease for years --- Lease for life; - Lease at zill; -- Lease by suerance; A lease for years is a lease for a certain number of years specified in the lease. A lease for life is a lease for either the life of the tenant, or of some other person or persons. A lease at will is where the tenantry exists only during the will of either of the parties. A lease by svifferance is when the tenant's lease has expired, and he continues to remain it possession. He is then tenant oy the sufferance of the landlord. 8

8B kLANDLtOID ANtX TXtANT. No. 67.-Short Form of Lease. (l1it Jnbenture, made the first day of April, in the year one thousand eight hundred and fift!, etvt7een JOiHN DOE, of the city of Neiw York, in the county of New York, and state of Newz York, of tIhe firt part, and RICHARD RoE, of the same place, of the second part — titnczCettlf, that the said party of the first part hath letten, and by these presents doth grant, demise, and to farm let, unto the said party of the second part, all that, &c. 1.Sere de~ scribe the premises intended to be let], with the appurtenances, for the term of twenty years, fiom the first day of May, one thousand eight hundred and fifty, at the yearly rent or sum of two hundred dollars, to be paid in equal quarter yearly payments. And it is agreed that if any rent shall be due and unpaid, or if default shall be made in any of the covenants herein contained, then it shall be lawful for the said party o' the first part to re-enter the said premises, and to remove all persons therefrom. And the said party of the second part doth covenant to pay to the said party of the first part the said yearly rent as herein specified, namely, in quarter yearly payments on the first day of August, November, February, and May, in each and every year: and that at the expiration of the said term, the said party of the second part will quit and surrender the premises hereby demised in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted: and the said party of the first part doth covenant that the said party of the second part, on paying the said yearly rent, and performing the covenants aforesaid, shall and may peaceably and quietly have, hold, and enjoy, the said demised premises for the term aforesaid. ~3n witatst wl3creof, we have hereunto set our lands and seals, this first day of April, one thousand eight hundred and fifty. Sealed and delivered in the presence of JOHN DOE (seal). JOHN SMITIr, RICHARD ROE (seal), PETER JoNEs.

LANDLORD AND TENANT, 87 No. 68.-Lease: Tenant to pay Taxes, and not to underlet without Consent of the Landlord, undcer his Hand and Seal. tlis utnbentntre, &c. [Is in No. 67 to ]t3itnesact1j, that the said party of the first part, in consideration of the rents and covenants hereinafter reserved and contained, on the part and behalf of the said party of the second part, to him, his executors, administrators, and assigns, to be paid, kept, and performed, hath granted, demised, and to farm let, and by these presents doth grant, demise, and to farm let, unto the said party of the second part, all that, &c. [hlere describe the property]. To latWe anb to Iolb the said above mentioned and described premises unto the said party of the second part, his executors, administrators, and assigns, from the first day of iMay, in the year of our Lord one thousand eight hundred and fifty, for and during, and until the full end and term offire years, from thence next ensuing, and filly to be complete and ended; yielding and paying for the same unto the said party of the first part, or to his heirs or assigns, the rent or sum of three h.undred dollars, lawful money of the United States, yearly and every year, during the said term, in equal qyuarter yearly payments, to be made on the first day of August, INovember, February, and ilay, in each and every year, during the term hereby demised, the first payment to be made on the first day of August next: PPRO VIDEnD AWAxYS, that if it shall happen that the said yearly rent or any part thereof, sha.ll not be paid on any day on wlich the same ouiht to be paid, as aforesaid, then, and at all times thereafter, it shall and may b)e lawful for the said party of the first part, bis heirs and assigns, into the said demised premises, or any part thereof; in the name of the whole, to re-enter and to re-possess, have, and enjoy the same aga.in, as of his or tleir formnet estate and interest therein, anyttling herein contained to the contrary in any wise notwithstanldinig. And the said party of the second part, for himself, his exo ecutols, administrators, and assigns, doth by these presents covenant and grant, to and with the said party (of lhe first part, his heirs and assigns, in manner following, that is to say that lie, the said party of the second part, liis eyecutors, adnministrators, and assigns, shall and will, during the term hereby demised, well and truly pay ilnto the sa.id party of the first uart, his heirs or assigns, the said yearly rent hereby reserved,

^8 ~ ~LANDLORD AND TAN ANT6 at the days and times herein before limited for the payment thereof, without fraud or delay. And also, that he, the said party of the second part, his executors, administrators, or assigns, shall and will, at his and their own proper costs and charges, bear, pay, and discharge, all such duties, taxes, assessments, and payments, extraordinary as well as ordinary, as shall during the time hereby demised be laid, levied, assessed, or imposed on, or grow due or payable out of, or for, or by reason of the said demised premises, or any part thereof: and also, that he, the said party of the second part, himself, his executors, administrators, or assigns, or any of them, shall not, nor will, at any time or times hereafter, during the term hereby granted, lease, let, or demise, all or any part of the said premises hereby demised, nor assign, transfer, or make over the same, or this present lease, or any of his or their term or time therein to any person or persons whomsoever, without the consent of the said party of the first part, his heirs or assigns, in writing, under his or their seal, for that purpose first had and obtained, anything herein before contained to the contrary thereof in any wise notwithstanding: and also that he, the said party of the second part, his executors, administrators, or assigns, or some or one of them, shall and will, on the last day of the term hereby demised, or other sooner determination of the estate hereby granted, well and tiuly deliver up the said hereby demised premises, il good and sufficient order, into the possession of the said party of the first part, his heirs or assigns, without fraud or delay. AND PROVIDED FURTHER, and this present lease is upon this express condition, that if the said party of the second part, his executors, administrators, or assigns, at any time during the term hereby granted, shall fail in the performance of any or either of the covenants, conditions, or provisocs, in these presents contained, which, on the part and behalf of the said party of the second part, his executors, administrators, and assigns, are or ought to be observed, performed, fulfilled, and kept then, and at all times thereafter, it shall and may be lawful for the said party of the first part, his heirs and assigns, into the said demised premises, or any part thereof, in the name of the whole, to re-enter and re-possess, have, and enjoy the same again, as of their former estate and interest therein, anything herein contained to the contrary in any wise notwithstanding. —Jn t Witizos Wer of, &c. [as in No. 67].

LANDLORD AND TENANT. 89 No. 69.-Agreement to Let, with Covenant not to Underlet. l )li agreetentt, made the sixteenth day of February, in the year one thousand eight hundred and fifty-one, between JOhN DOE, of the city of Brooklyn, in the county of Kings, and state of Newv York, of the first part, and RICHARD ROE, of the same place, of the second partBitnzssetbt, that the said party of the first part hath agreed to let, and hereby doth let, and the said party of the second part hath agreed to take, and hereby doth take, that certain lot or parcel of land lying and being situated on the north side of Franklin street, known and at present numbered as twenty-one, in the third ward of the city of Brooklyn aforesaid, together with the two-story brick dwelling and other appurtenances thereunto belonging, for the term of one year, to commence on the first day of ]lMay, one thousand eight hundred and fifty-one, and to end on the first day of lMay, one thousand eight hundred and ifty-two. And the said party of the second part hereby covenants and agrees to pay unto the said party of the first part the yearly rent or sum of three hundred dollars, payable quarterly on the first days of August, November, February, and IMa7?y, in each year, and to quit and surrender the premises at the expiration of the said term, in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted. And the said party of the second part further covenants that he will not assign, let, or underlet, the whole or any part of the said premises, without the written consent of the said party of the first part, under the penalty of forfeiture and damages; and that he will not occupy the said premises, nor permit the same to be occupied for any business deemed extra-hazardous without the like consent, under the like penalty: and the said party of the second part further covenants that he will permit the said party of the first part or his agent to enter said premises for the pturpose of making repairs or alterations, and also to show the premises to persons wishing to hire or purchase; and on and after the first day of February next will permit the usual notice of " to let" or " for sale" to be placed upon the walls of said premises, and remain thereon, without hinderance or molestation: and also, that if the said premises or any part thereof shall become vacant during the said term, the said party of 1S

90 LANDLORD AND TENANT. the first parl may re-enter the same, by either force or otherwise, witheo t being liable to any prosecution therefor; and re-let the said premises as the agent of the said party of the second part, and receive the rent thereof, applying the same, first to the- payment of such expense as he may be put to in re-enltering, and then to the payment of the rent due by these presents; and the balance (if any) to be paid over to the said party of the second part. And the said party of the second part hereby further covenants that if any iefault be made in the payment of the said rent, or any part thereof, at the times above specified, or if default be made in the performance of any of the covenants or agreements herein contained, the said hiring, and the relation of landlord and tenant, at the option of the said party of the first part, shall wholly cease and determine; and the said party of the first part shall and may re-enter the said premises, and remove all persons therefrom; and the said party of the second part hereby expressly waives the service of any notice in writing of intention to re-enter. 3n witnlest ml)ereof, &c. [as in No. 67]..n rtonsibtation of the letting of the premises above mentioned to the above-named RICHARD ROE, I do hereby covenant and agree, to and with the party of the first part above named, and his legal representatives, that if default shall at any time be made by the said RICHARD ROE in the payment of the rent and performance of the covenants above contained on his part to be paid and performed, that I will well and truly pay the said rent, or any arrears thereof, that may remain due unto the said party of the first part, and also all damages theat.may arise in consequence of the nonpelformance of said covenants, or either of them, without requiring notice of any such default from the said party of tile first part. tjitncs, my hand and seal, this sixteenth day of February, one thousand eight hundred and fifty-one. THOMAS SHARPE. Witness T JOHN STONE, JWitness SaIVTH.

LANDLORD AND TENANT. 91 No. 70.-Tenant's Agreement.* l1i$- is to Certifv, that I have hired and taken of JOHN SMITH, of the village of Smithton, in the county of Saginaw, and state of 3Michigan, a house and lot knowzn as number twentyone, Smith street, in the village of Smithtowvn aforesaid, for the term of one year from the first day of June, one thousand eight hundred and fifty, at the yearly rent of two hundred dollars, payable quarter yearly. And I hereby promise to make punctual payment of the rent in manner aforesaid, and quit and surrender the premises at the expiration of the said term, in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted, and engage not to let or underlet the whole or any part of the said premises, without the written consent of the landlord, under the penalty of forfeiture and damages; and also not to occupy the said premises for any business deemed extra-hazardous without the like consent, under the like penalty. (iDCtn under my hand and seal, the tenth day of May, one thousand eight hundred and fifty. JOHN DOE (seal). Tvit..ess ( JAMES SHORT, Witness AE Sor Sr JOIN JONES. No. 71.-Landlord's Agreement. ligs is to (ertify, that I have let and rented unto JOHN DOE, of the village of Smnitlttown, in the county of Saginaw, and state of Michigan, my house and lot known as number twenty-one, Smith street, in the village of Sm/ithfo cn aforesaid, for the term of one year fiom the first (lay of June, one thousand eight hundred and fifty, at the yearly rent of two hundred dollars, payable quarter yearly. The premises are not to be used or occupied for aiiy business deemed extrahazardous, on account of fire, nor shall the same or any part thereof be let or underlet without the written consent of the landlord, under the penalty of forfeiture and damages. (S)ienI undler my hand and seal, the tenth day of 1-ayi, one thousand eight hundred and fifty. JOHN SMITH. Witns JAMES SHORT, Witness < T v t JOHN JONES. * If a surety is required, as security for the payment of the rent, the one appended to No. 69 can be added.

92 LANDLORD AND TENANT. No. 72.-Agreement for Letting, with Mortgage on Personal Property to secure the Rent. lti5 CgreemCtelCt, made the serentA day of JZl7y, in the year one thousand eight hundred andI fify, between JOHN DOE, of the city ofl Boston, in the county of Sufflrk, and state of Jllassachusetts, of the first part, and RICHARD ROE, of the same place, of the second partBtitlnesctlj, that the said party of the first part hath agreed to let, and hereby doth let, and the said party of the second part hath agreed to take, and hereby doth take [here describe the premises], for the term of three years, to commence on the first day of August, one thousand eight hundred. and fifty, and to end on the thirty-first day of July, one thousand eight hundred and fift/y-t7 ree. And the said party of the second part hereby covenants and agrees to pay unto the said party of the first part the yearly rent or sum of four hundred dollars, payable quarter yearly, that is to say, on the first da,1 of Nrocember, February,,May/, anzd Azgust, of each and every year, and to quit and surrender the premises at the expiration of tile said term, in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted; anid not assign, let, or underlet, the whole or any part of the said premises, or occupy the same for any business deemed extra-hazardous, without the written consent of tile said party of the first part, under the penalty of forfeiture and damages. And the said party of the second part hereby further covenants, that if ally default be made in the payment of the said rent, or any part thereof, at the times above specified, the said party of the first part shall and may re-enter the said premises, and remove all persons therefrom. And the said party of the second part, for the consideration aforesaid, and for the sum of one dollar to him paid by the said party of tile first part, doth grant, bargain, and sell, unto the said parties of the first part, all and singular the goods and chattels mentioned in the schedule hereto annexed.*' o 1j)al anlb to l)Olb the said goods and chattels for ever: UPON CONDITION, that if the said party of the second part shall well and truly pay, or cause to be paid, unto " See page 50 for plan of schedule.

LANDLORD AND TENANT. 93 the said party of the first part the rent above reserved punctually, at the several times when the same shall become due as aforesaid, then the said bargain and sale shall be null and void. But in case default shall be made in the payment of the said rent, or any.part thereof, at the several times mentioned as aforesaid, and shall remain unpaid five days after the same becomes due and payable, then it shall be lawful for the said party of the first part to take possession of the said goods and chattels, wherever the same may be found, and to sell the same at public sale (first giving three days' notice of the time and place of such sale), or so much thereof as may be necessary to pay the rent due, and the balance of rent for the whole unexpired term, whether due or not due, and all costs and expenses that may have accrued on account thereof, rendering the remaining goods and chattels, and the surplus money from said sale, if any there shall be, unto the said party of the second part.'1Anb it it futtrlle agree between the parties to these presents, that in case the said party of the second part shall sell, assign, or dispose of, or attempt to sell, assign, or otherwise dispose of the said goods and chattels, or shall attempt to remove the same from the premises hereby demised to the said party of the second part, it shall and may be lawful for the said party of the first part to take possession of the same, and retain them in his possession until the said rent shall be paid, or until default in the payment thereof. But until default be made in the payment of the said rent, the said goods and chattels (unless the said party of the second part shall sell, or attempt to sell or remove the same, as aforesaid) shall remain in the possession of the said party of the second part. Jn witel ttllereof, the parties to these presents have hereunto set their hands and seals the day and year first above written. Signed, sealed, and deliv- ered, in presence of JOHN DOE (seal). PETER PENNY, RICHARD ROE (seal). HIRA.M JACOBS.

94 LETTERS OF CREDIT AND LICENSE, LETYTER OF CREDIT. THis is a letter frequently given by a person of known tesponsibility to a friend, to enable that friend to procure goods on time. It is usually somewhat in this form:No. 73. —orrm of Letter of Credit. HAMILTON, CANADA WVEST, October 15, 1850. MEssRS. JOHN SMITH & Co.-Gentlemen: Please deliver to RICHARD ROE, of this place, goods, silks, and merchandise, to any amount not exceedingfijie thousand dollars, and I will hold myself accountable to you for the payment of the same, in case Mr. RoE should fail to make payment therefor. You will please to notify me of the amount for which you may give him credit; and if default should be made in the payment, let me know it immediately. I am, gentlemen, your most ob't servant, JOHN DOE. Messrs. JOHN SMITI & Co., No - Broadway, New York. LETTER OF LICENSE. A letter of license is an agreement by creditors to permit a dbtor, when he is not able to pay his debts at the time due, to carry on his business without molestation. It does not elease the debts, or prevent creditors who have not signed it fiom collecting their claims in the usual method. No. 74.-Agreement not to sue a Debtor. Vnow all Mt e b3 tJleS JlreCnts, that whereas JOHN Dos, of the city of Baltimore, in the county of Baltimore, and

LETTEHR OFP IXCENSE. 5state of Maryland, is justly indebted to us, RrTCHARn ROr, JSON JONE', THOMAS SUARPK, Tand HENRY SNITHr, in divers sums of money, which the said JOHtN DoE is unable to pay: Now, tlheref)re, we do hereby grant unto the said.TJoHu DoE full liberty and license to attend to, fo-llov, and negotiate, any business or affairs whatsoever, without any suit, trouble, )or hinderance from us, or any of us, for the space of two years from the date hereof. And we and each of us, for ourselves, our and each of our heirs, executors, administrators, and assigns, for and in consideration of the agreement and covenant of the said JOHN DOE hereinafter contained, do covenant and agree with the said JO-HN DoE, that we will not, nor will either or any of us, at any time during the said space of two years, sue, prosecute, arrest, molest, or trouble the said JOHN DOE, in respect or on account of any debts now by him due to us or any or either of us. And the said JOHN DOE, in consideration of the foregoing covenant and agreement, for himself, his heirs, executors, or administrators, covenants and agrees with the creditors aforesaid, that he will faithfully apply all moneys, property, and effects, that he may earn or procure during the said term of two years, to the payment of his debts owing to the creditors aforesaid, in proportion to the amount due and owing to each. 3n tlittlJe* til)ercof, we have hereunto set our hands and seals, this first day of April, one thousand eight hundred and Jifty. RICHARD ROE, JOHN JONES, THOMAS SHARPE, HENRY SMITH. Witness f JOHN STONE, JOHN SMITH.

9G F^i~ MARRIAGE. MARRIAGE. MARRIAGE is a civil contract entered into by persons caph ble of consenting thereto. It can not be entered into by idiots or lunatics. When procured by force or fraud, it is also void. Marriage is likewise prohibited between near relations. The parties must be of the age of consent, which is generally fourteen in males and twelve in females. No peculiar ceremonies are requisite by the common law to the valid celebration of the marriage rite, but it is advisable that the contract should be entered into in the presence of some clergyman or civil magistrate. In all cases be sure to take a certificate of the marriage: it is of much importance to have that certificate in case of necessity. So. 75. —Form of Marriage. The parties having joined hands, say: " By this act of joining hands, you do now assume toward each other the relation of husband and wife, and do solemnly promise, as such, to love, honor, and cherish each other, so long as you both shall live. ( I therefore pronounce you to be henceforth husband and wife." No. 76.-Marriage Certificate. State of Massachusetts, 3 be lercb t ertifp, that on County of Franklin, >the first day of July, in the year Town of Deerfield. of our Lord one thousand eight hundred and fifty, at the house of JOHN JONES, in said town, JOHN DOE, of the city of Boston, in the county of Szffbk, and state of Massachusetts, and HARRIET E. JONES, Of the city aforesaid, to me personally known [or proved by the oath of John Jones aforesaid] to be the persons described in thin

JUDGME NT NOT3, S cert1ficat'e, were by me joined together with their mutual consent in the bonds of wedlock; and I did first ascertain that the said parties were of sufficient age to consent to the same: which marriage took place in the presence of JOHN SMITH and JOIN STONE, subscribing witnesses hereto. Witness my hand and seal, this first day of July, one thousand eight hundred and fifty. HENRY HOPE, Pastor of First --- Church in Deerfield. Marriage celebrated in JOHN SMITH, presence of us, JOHN STONE. JUDGMENT NOTE. THIS note enables the holder, in some of the states, to enter up judgment thereon without suit, if it be not paid when it is due. No. 77.-Form of Jirdgment Note. $1,000. fort ialne trceivdt, I promise to pay to RICHARD ROE, or order, the sum of one thousand dollars, thirty days after date; and I hereby nominate, constitute, and appoint the said RICHARD ROE, or any attorney-at-lavw of this state, my true and lawful attorney, irrevocable, for me and in my name to appear in any court of record of this state, at any time after the above promissory note becomes due, and to waive all process and service thereof, and to confess judgment in favor of the holder hereof for the sum that may be due and owing hereon, with interest and costs, and waiving all errors, &c. 3n iuitnes tr)ereof, I have hereunto set my hand and seal, at the city of Chicago, in the county of Cook, and state of Illinois, this first day of July, one thousand eight hundred and fifty. JOHN DOE (seal). Sealed and delivered in the presence of ) JOHN SMITH, JOHTN JONES. 9

PROMISSORY NOTES. A ronminsvrry note is an absolute engagement in writirg to pay a speciied sum at a certain time to a person named' or to his order, or to the bearer, The signer of the note is called the maker; the one to whom it is made payable, the payee; and he to whom the payee makes it payable by endorsement, is called the endar~ see; he who endorses the note, the endorser. A consideration must be given for a note to make it valid, as between the malker and payee; but any one who has given value for it, before it had become due, and not knowing thau it was originally made without consideration, can recover on it against all the antecedent parties to the note. The words (" value received" should be inserted in a prom. issory note, so as to express a consideration for the promise. But he who receives a promissory note for a consideration before given, for instance as security for a precedent debt, does not give value for it, and is in no better position than the payee. A negotiable note is one that is transferable without, or is made transferable by endorsement. A note negotiable by the laws of the state where it is made is negotiable elsewhere. The most usual methods of drawing notes are on demand, or at a certain time after date; either payable only to the person named, or to his order, or to bearer, or in a specified commodity. A note payable to the person named, where the words, to order, or to bearer, are omitted, is not negotiable; if payable to order, it is negotiable by the payee endorsig it by writing his name on the back of the note, in which case the payee is liable to the holder if it is not paid by the maker, provided he have due notice thereof. If payable to bearer, the holder can demand payment without endorsing it. Any payee who desires to transfer a note by endorsement, without incurring any responsibility, can do so by endorsing

PROMISSORY NOTES. 99 the note in this manner: "Without recourse to me, JoHN DoE." If he wishes to make it payable to a third party specially, he can do so by endorsing it thus: " Pay the within to JOHN JONES, or order, JoHN DoE;" John Jones must then endorse it in order to transfer it to another person. A note running thus, " I promise to pay," and signed by two parties is joint and several, and may be collected of either party; if it is desired to make only a joint note, write it thus, We jointly and not severally promise." If a note is made payable to the order of two or more persons who are not partners, they must each and all endorse it, in order to make a valid transfer. A note negotiated after it is due is subject to any offset the maker of the note may have against the person to whom it is made payable, The words "without defalcation or discount," must be inserted in notes in New Jersey and Pennsylvania. In those states a note in which these words are not inserted is subject to the same disabilities as a note that is past due. Promissory notes are entitled, like bills of exchange, to three days of grace, and payment should be demanded on the last day of grace. Custom, and the statute in some states, make a note falling due on Sunday payible the day previous. Demand of payment should be made of the maker on the day when the note is due, and if not paid, notice should be immediately given to all the endorsers, if this is not done they will be discharged from their liability. If the words " with interest" are omitted in a note, it will not draw interest before the time at which it is due. If it is not paid when due, it will draw legal interest from that time. If the note is payable on demand, it will draw interest from the time payment is demanded. If a note is made payable in a specified commodity payment must be offered at the time required, otherwise the holder can demand its value in imoney. (This rule is equally applicable -in all contracts for barter.) Tho -holder of a note need not accept a sum less than the whole amount due, but if he does, he should credit the

100 PROMISSORY NOTES. amount received on the back of the note. The rate of interest allowed on money past due, is the legal rate of the state in which the paper is drawn. When a note has been lost it is advisable to give the fact all the publicity possible, so that the public may be prevented from purchasing it; yet if it get into the hands of one who paid value for it in good faith, it must be paid, unless its negotiation has been accomplished by forgery. See BILLS OF EXCHANGE, page 40. No. 78. — ote not Negotiable. $610:: New York, November 9, 1850. Twenty Days after date, I promise to pay to Martin W. Goodman, Six Hundred and Ten Dollars, value received. JOHN DOE. No. 79.-Note Negotiable by Endorsement. $250:: New Orleans, Sept. 12, 1850. Ten Days after date, I promise to pay to the order of John Jones, Two Hundred and Fifty Dollars, value received. JOHN DOE. No. 80.-Note Negotiable without Endorsement $125. 25 Chicago, July 1th, 1850. Three months after date, I promise to pay to James Smith, or bearer, One Hundred and Twenty-:Five J-o6th Dollars, value received. JOHN DOE.

PROMISSORY NOTES. 101 No. 81.-Joint Negotiable Note, payable at a Bank. - $200:: Boston, January 8, 1851. Six months after date, for value received, we promise to pay HIenry Reed, or order, Two Hundred Dollars, at the People's Bank, Boston. JOHN DOE, RICHARD ROE. No. 82.-Negotiable Note payable in Merchandise. $ 300:: Philadelphia, Sept. 12, 1850. A: Sixty Days after date, for value received, I promise: to pay without defalcation, to John Jones, or order, R Three Hundred Dollars, in merchantable wheat at the ~ current price. JOHN DOE. "Without defalcation" are inserted in notes drawn in Pennsylvania and NeW Jersey to protect them when due against any offset of the maker. No. 83.-Negotiable Note on Demand. E $400:25 New York, November 4, 1850. On demand, I promise to pay to the order of Martin H. Johnson, Four Hundred -foth Dollars, value received. JOHN DOE. No. 84.-Note on Demand, with Interest from date, not Negotiable. $150:: Detroit, June 10th, 1850. On demand, I promise to pay to James Smith, One Hundred and Fifty Dollars, with interest from date, value received. _'JOHN DOE. 9*,

109 DUE-BILLS-ORDES. DUE-BILLS. DUE-BnLLS are general informal notes, or memoranda, ac knowledging that a certain amount is due to the party to whom they are given. They are frequently given when money or merchandise has been temporarily borrowed, as an evidence of the fact. No. 85. —orm of Due-Bill. NEw YORK, October 20, 1850. Wue RICHARD ROE, on demand, twenty-five dollars, value received. JOHN DOE. This form may be varied in the same manner as a note, to express time, amount, kind of payment, and who paid to. The same is also true of orders. ORDERS. AN order is a written request by one person to another, to do an act for his own benefit or accommodation, or that of a third party. It has, of course, no value, unless the party to whom it is addressed is willing to perform the act desired. No, 86.-Order for Money. NEW YORK, November 10, 1850. Mr. RICHARD ROE will please pay to JoHN SMITH, or order, twenty-five dollars, on demand, and charge the same to the account of JOHN DOE

tCEIPTfS I03 No. 87.-Order to senl Merchandise. BOSTON, oITovember 12, 1850,. PLEAASE let Br. TuHOMAS SHARPE have such merclhandise ts he may select, to the anmont of;ome zendrcd dollars, anJ ciar-ge the same to the acouant of To RICHARO Ro. JOHN DOE. tN.:8. —Order to deliver Goods. CHA\n:ESTON, Nrovenemer 15, 18.5-0 Mr. RiCIAO'R ROE: Please deliver to DUNN BROWN, or bearer, the pacoage.f goods belmngiTig to me, Pandaoblige Yours, JOHN DOE. RECEIPTS. A r eipt is a t consclu-sive evidence of payment, but i t throws the burden of proof tipoTn him who attempts t-o impeach it. For this reason, no prudent perison will part with a receipt until the payment has a ctwually been made. Tthey may be either:in full of all demands, for a special account, il part payment of an account, or'fr a special pimrp1se. The arranglgement *of the wording of a receipt is not imu rtaunt, if the object and time.be distinctly stated in it. A general receipt in full,f all demands is a discharge of all deits, exwcept special debts under seal. No. 89.-Receipt in Fnul BOSTON, sAne 15, 1850. ~e:eived of RwC.ARD RGOE.fIfty- oe dollars, in full of all deaas ap to th is da. JOHN DOE.

104: R.xECEIPTSo No. 90.-Receipt on Account BOSTON, JuY 1, 185, Received of RICHARD ROE ten dollars, to apply on account, JOHN DOE. No. 91.-Receipt for a Special Purpose Received, Boston, July 24, 1850, from RICHARD ROE, MO hundred dollars, to pay the account of JOHN DOE against him, PETER PEPPER. No. 92.-Receipt when Money is paid by a Third Person. BosTON, July 25, 1850. Received of RIChARD ROE, through PETER PEPPER, one Auncred dollars in fill of all demands against RICHARD RoE up to this date. JOHN DOE. No. 93.-Receipt of Interest to be endorsed on a Bond. Received, August 15, 1850, from RICHARD RoE, one jAun ired and twenty dollars, being the semi-annual interest this, day due on the within bond. JOHN DOE'. No. 94.-Receipt in full for a Special Account. NEW YORK, October 15, 1850. Received from RICHARD ROE two hundred dollars and twenty-jie cents, in full f all demands for printing to Octo er 1,~ 18&5 0. JOHN DO. R

PARTNERSHIP. 105 PARTNERSHIP. PARTNERSHIP is a voluntary contract between two or more persons, for joining together their money, goods, labor, and skill, or any or all of them, for the purpose of carrying on a lawful business, under an understanding to participate in the profits in certain proportions. They whose names appear to the world as partners are termed ostensible partners. An ostensible partner who has no interest in the firm is called a nominal partner. A nominal partner is liable for all the debts and contracts of the firm. One who has an interest in the firm, but whose name is not published to the world as a partner, is called a dormant or silent partner. Any one who permits his name to be used in a firm, or who shares the profits of the business, is liable to the world as a partner. Each individual of a firm is liable to the whole amount of the debts of the concern. The acts of one partner bind all the others, when done in pursuance of the business of the firm, and in the usual course of that business; but an'y act not required by the nature of the business will not bind them. There is a contract of partnership known as a special partnership, consisting of one or more persons called general partners, who attend to the carrying on of the business of the concern and are liable to the filll amount of the debts of the firm, and of one or more persons called special partners, who are liable only to the amount of the capital they put into the concern. These special partnerships are wholly regulated by statute, and can only be entered into by conforming strictly to the statute regulations of the state where the partnership

106 PARTNERSHIP. is formed. The laws regulating the formation and cor'tict of special partnerships are so particular, that no prudent man will take any steps in the formation of such a partnershir without good legal advice., No.. 5. —Article of Copartnership. Article of Agreeenmnt made thefirst day of January, ia the year one thousand eight hundred and fifty-one, between JOHN DoE, of the town of W'Vilmington, in the county of N1fw. castle, and state of Delaware, of one part, and RICHARD ROE,. of the same place, of the other part, as follows: The said parties above named have agreed to become copartners in the business of t'wholesale aqd retail dry goods and groceries merchants, and by these presents do agree to be col'artners together under and by the name or firm of " Dor, and ROE," in the buying, selling, and vending, all sorts of goods, wares, and merchandise, to the said business belonging, and. to occupy the store in the town aforesaid now occupied byq said Don, their copartnership to commence on the Jirst (lay of August next, and to continuefor three years from that day; and to that end and purpose the said JolH DoE ftirnishes and, puts into the concern thle stock in his said store, and two thousand dollars in cash, as part of the capital of the said firm; and' t/he said RICuIARD ROF. puts into the said firm the sum of five thousand dollars as his portior of the common stockG-all which it is agreed is to-be used an(l employed in common: between them, for the support and management of the said business, to their mutual benefit and advantage. And it is agreed, by and between the parties to these presents, that at all times during the continuance of their copart nership, they and each of them will give their attendance, and do. their and' each of their best endeavors, and, to the utmost of their skill' and power, exert themselves for their joint interest,, profit, benefit, and advantage, and truly employ, buy, and sell merchandise with their joint stock, and the increase thereof, in the business aforesaid: and also, that they shall and will, at all times during the said copartnership, bear, pay, and discharge equally between them, all rents and other expenses that may be required for the support and management Qf the. aid business; and that all gains, profit, and increaseg

PAiTNEnSSiof f7T ajt- shall oyme,. grow, or arise, from or by nmeans of tihei said Ibsiness, shall bte dividedl qetween them equFally; allnd all lots that shall happen to their said join-t business by ill co01mmndities, bad debts, or otherwise, shall be borne and paid between tihem cq&aJly/. And it is agreed, by and between the said parties, that there shall be had and kept at all times during the contillnu liace of their copartnership, perfect, just, andt true books of a.ccou.llt, wherein each (of thie said coplartners shall enter and set dowin, as well all money by them or either of them re1 ceived, tpaid, laid out, and explendtd, in an;r about the said business, as also all gootds, wares, commnodities, anld merchandise, by them -or either of them bought or sold, by reason or on account of the said business, and all other matters and things whatsoever, to the said business and the managemnent thereof in any wise belonging; which said books shall be used in common between the said copartners, so that either of them may have -access thereto, without any interruption or inlderance of the other. And also, the said copartlers, once tn each and every year, that is to say, on the first Jday f Awu gust in ecaE /Year, or oftener if necessary, shall make, yield, and render, each to the other,/a true, just, and perfect inven. tory and accounit of all profits and increase by them, or either of them, made, and of all losses b3y them, or eithet of them, sustained; and also of all paytmrents, receipts, disbursements, and of all ohler thinls by them made, received, disbursed, acted, done, or suffleed, in their said coparttlneship and busi. ness; and the same account so made, shall and will clear, adjust, pay, and delNer, each to the other, at the time, their just share of the pr(oits so made as afotresaid. And the said parlies hereby mutually covelnant and agree, to and with eachI othler, that during the contilnuance of the said copartnership, neither of tihem shall notl will endorse any note, or otherwise become surety fr atny persom or persotis whlomisoever, withllt the consent of the other of the said copartners. And at the eni ot ot ther sooner determination of their copartnership, the said colpartners, each to the other, shall and will make a. true. just, and final account of all things relatitng to their said businesis, and in all thintgs truly:atljust the same; aind all and- everty the stock and.stocks, as well as the gaiis and increase thereof, which shall appear to ie rel maiiiiing, either in money, goods, wares, fixtures, dbtSg or' thierwise, shall be divided between them;

~t10B mPARTNER SIrHP. 3n mWitnetes mbtteof, the parties to these presents h-are hereunto set their hands and seals the day and year first a00bov written. Signed, sealed, and deliv- ered, in presence of JOHN DOE (sea). PETER PENNY, R ICHARD ROE (seatj. HIRAM JACOBS. No. 96.-Renewal of Partnership, to be; endorsed on the Article. lt(S llttclC as the partnership formed between the subscribers by the within agreement will expire on the first day of August next, IT IS HEREBY AGR.EED that the same be continued, upon the same terms in every respect as is within mentioned, for the further term of three years from the said firss day of August next. bitnems our hands and seals, this first day of July, one thousand eight hundred and fifty-four. J, D. R.R.. No. 97.-Agreement to Dissolve a Partnership, to be endorsed on the Article. tXe, tte Unbersigtneb, do mutually agree that the partnership fbrmed between us by the within article be and the same is hereby dissolved, except for the purpose of the final liquidation and settlement of the business thereof; and upon such settlement, then wholly to determine.* tOitntzs our hands, &c. [as in No. 961], " The agreement to dissolve should state whether one or alt the partners amr authorized to sign the name of the firm in the liquidation and settlement of it business; and if less than the whole, the name or names of those wh( may do> so. See form of ASSIGNMENTE' by one partner to aother, page 36, which ean'? Bsed iW a disesouDaSti

POWER OF ATTORNEY. 10 POWER OF ATTORNEY. A power of attorney is an instrument in writing whereby one person delegates to another authority to do any act for him, with the same binding effect as though it were done by the principal. Every person who has power, in his own right, to do any act, may delegate the power to do that act to any other person; but an attorney can not substitute another in his place unless express authority is given him to do so. Every person intrusted with discretionary power in respect to the business of another, should perform the duties himself; for, generally speaking, he can not give to another authority to exercise those discretionary powers. The authority of an attorney ceases when withdrawn by his principal; but when the attorney has an interest in the execution of the power, it is then irrevocable. The revocation of a power of attorney takes effect as to third persons from the time they have notice of it. Powers of attorney, to be used in a foreign country, should be acknowledged before a notary public, and the signature of the notary certified by the consul of the government to which the power of attorney is to be sent. When intended to be used in another state, they should be duly proved or acknowledged according to the laws of the state where they are executed. No. 98.-General Power of Attorney. tl1noM all len bp these Jrse ntt, that I, JOHN DoE, of the city of St. Augustine, in the county of St. John's, and state of Florida, have made, constituted, and appointed, and by these presents do make, constitute, and appoint RICHARD RioE, of the same place, my true and lawful attorney for me and in my name, place, and stead," to [here insert tie thing, 10

110 POWER OP ATTOR-N:Y. wlVich tfe attorney is to do]; giving and grantingt umitn iy said attorney full power and authority to do alld perfiorm all and every act and thing vwhatsoever requuisite atn(d n essary tv be done in and about the premises, as filly, to all intents and purposes, as 1 might or coultl do if persona.lly presellt, with full power of sublstitution and revocation, hereby ratify. ing and confirming all that my said attornley or hiis suibstitute shall lawfiully do or cause to be (lone by virtue hereof: 3tn Witncss rolcreof, I have hereunto set my liand and seal, this first day of April, one thousand eight hundred and ffty," JOHN DOE (seal). Sealed and delivered in the presence of 1 JOHIN JONES, JOHN SMITHr. ) No. 99.-General Customhouse Power. iinot all Hen bt tiejse tre.snts, that T, JOHN Do., of t Or ns thn tihe parish of Orleans, and state of Louisiana, have made, constituted, and appointed, anid ny these presents do make, constitute, and appoint RIci-HAur Rot, of the same place, my true and lawful attorney, for mTe and in my name, to receive and enter at the customhouse of the district of Nlew Orleans, any goods, wares, or mercharndise, imported by me or which may hereafter arrive, consigned to me; to sign my namle, to seal and deliver for me, and as my act anid deed, any bond or bonds which may be required by the collector of the said district, for securing the iduties on any such go-ods, wares, or merchandise: ALso, to sign my name to, seal, and deliver for me, and as my act and deed, any bond or bonds requisite for obtaiinig tile debentlre on any goods, wares, or merchandise, when exported, and generally to transact all busituess at the said customhnoise in whicli I am or may hereafier be interested or concernled, as filly as I could if personally present. And I hereby declare, tlat all bonds sigled and executed by my sarid attorney shall be as obligatoly on mie as those signed by myself: ald this power shall remain in full force until-revoked by written notice given: to said collector. a mwitteu Wl)of.ergf &e. [as in No. 98].

PO'WER 0 ATTOnNEY, 111. N-o. 100.-Power to transfer Stock. Htnow all mllen b'n tl}ceCe recuGntt4, tha.t I, J.TlN DOE of ihe totwn of Ra/eig/i, il tihe county of [Tfake, alnd state of A;o3rth C.ro/in ra, do htereby make, cotstitllte, and apploint RI(cIARI) R)E, te same ploce, my t ruee anld lawful attorney, fi' me andt in my na-lme, to sell, t aanfl, ad assign, all stl(k of the Greenrvilh and Ioanok(e Railroad Comnpan// standing in my name onl the books of the said compainy; with p)ower al.st, ain' attorlney or atto.rineys unlIer him tlfr that p)iurplo:e, to make and sublstilute with like power, anld to dot all lawful act5 requisite fir effecting the premises; hereby ratifying alndt con~ firming all that my s:id attorney or his substitute or substi rutes shall do therein by virtue of these presents. nll mitnle wtljereof, &c. [as in No. 98]. Acknowledgment of the foregoing. State of North CGarolina, S. County of IV.ake, Be it known, that on the third day of September, in the year o(.t)e l 1thusaInd eighL huldred alnd/ift?/, bef)re.me pe)rsonl ally came JO IN DoEg, to me knowin to be the person described in, and who executed the fbregoing letter or power of attorney, andr acknowledged the above letter of attorney to be his act,and deed. 3n testimonn lt)ereof, I have hereunto set my hand, and affixed my seal of office, the day alid year last above written. JOHN JONES, (Seal of office.) Notary Public. No. 101.-Proxy, or Power to Vote at Election of Directors. 10no11 all en bn tl)ee iree-nt, that, Jot, N bDoE of 11 towln of Concord, ill ilie counity of l:errimark, and state of New Hamitpshire, do herely consiitute and appoint Rl(:ARtD Ri)t [, ofi he same place, my true and lawftll attorney and ageitt, for me and in my name, place, and stead, to vote as my p:rox.y at any election of directors of lte IMlrrimnack Coyut/1 Bank, according to the number of votes 1 should be entitled to vote if then personally present. 3n'itnefs mwlejeof, &c. [as in No. 98].

11 2 POWER OF ATTORNEY, Oath or Affirmation to the foregoing. I do swear [or affirm] that the shares on which my attorney and agent in the above proxy is authorized to vote, do not belong, and are not hypothecated to the said Merrimaci County Bank, and that they are not hypothecated or pledged to any other corporation or person whatever; that such shares have not been transferred to me for the purpose of enabling me to vote thereon at the ensuing election, and that I have not contracted to sell or transfer them upon any condition, agreement, or understanding, in relation to my manner of voting at the said election. JOHN DOE (seal). Sworn [or affirmed] this second day of October, A. D. 1850, before me, JOHN RICHTER, Justice of the Peace. No. 102.-Power to Collect Debts. 1inot all Alren, &c. [as in No. 98 to the * ]-to demand, ask, sue for, collect, and receive, all sums of money, debts, rents, dues, accounts, and other demands of every kind, nature, and description whatever, which are due, owing, or payable to me from any person or persons whomsoever, and to give good and sufficient receipts, acquittances, and discharges therefor; giving and granting, &c. [as in No. 98from the t to the end]. No. 103.-Power to Sell and Convey Real Estate. ~ Inomw all flet, &c [as in No. 98 to the * ]-to enter into and take possession of all the real estate belonging to me, situate-in the town of Rutland, in the county of Rutland, and state of Vermont, and to bargain, sell, grant, convey, and confirm, the whole or.any part thereof; for such price or sum of money or on such terms as he may think best, and for me and in my name to make, execute, acknowledge, and deliver, unto the purchaser or purchasers thereof, good and sufficient conveyances, with warranty, of the same; and to demand, receive, and collect, all sums of money which shall become due and payable to me by reason of such sale or sales; giving and granting, &c. [a in No. 98 from the I to the end].

POWER OF ATTORNEY. 113 No. 104.-Substuttution to be endorsed on the Power of Attorney.* inowx all nfftkn b1 tlese presens, that I, JOIN DOE, of the city of Louisville, in the county of Jefferson, and state of Kentucky, by virtue of the authority to me given by the within power of attorney, do substitute RICHARD ROE, Of the town of Frankfort, in the county of Franklin, and state of Kentucky, as attorney in my stead, to do, perform, and execute, every act and thing which I might or could do by virtue of the within power of attorney; hereby ratifying and confirming all that the said substitute may do in the premises by virtue hereof and of the within power of attorney. 3n witness Mljerof, &c. [as in No. 98]. No. 105.-Revocation of Power of Attorney. tlertage X, JOHN DOE, of the town of Little Rock, in the county of Pulaski, and state of Arkansas, by my certain power of attorney, bearing date the fifth day of July, in the year one thousand eight hundred and fifty, did appoint RICHARD ROE, of the same place, my true and lawful attorney, for me and in my name, to [here set out what he was authorized to do, using the precise language of the power of attorney originally given him], as by the said power of attorney, reference thereunto being had, will more fully appear: iljerefore, knom all Mlmen bp ttlee p)resents, that I, JOHN DOE aforesaid, have countermanded and revoked, and by these presents do countermand and revoke the said power of attorney and all power and authority thereby given to the said RICHARD ROE. 311t witne w tlertof, I have hereunto set my hand and seal, this fifth day of December, one thousand eight hundred and fifty. JOHN DOE (seal). Sealed and delivered in the presence of 1 JOHN SMITH, PETER JONES. )' This power of substitution can only be used when the attorney has had the right expressly granted to himin his appointment by the principal. 10*

114 tELEASES. RELEASES. A release is a written instrument, under seal, whereby one man discharges another, either from all claims and demands, or from certain demands specified therein. A covenant not to sue one of two joint obligors will not release the other, and may be pleaded by the one to whom it is given in bar to an action. A release of one of several joint debtors releases ALL. No. 106.-Form of Release. tnow all Iten bp tl$ e r:sents, that I, JOHN DOF,, of the city of Natchez, in the county of Adams, and state of Mississippi, in consideration of forty dollars to me in hand paid by RICHARD ROE, of the same place, have released and for ever discharged, and hereby, for myself, my heirs, executors, and administrators, do release and for ever discharge the said RICHARD ROE, his heirs, executors, and administrators, from all claim, demand, and cause of action, which 1 now have or may hereafter have against the said RICHARD ROE by reason of any contract which he may have entered into with me for the purchase of lumber. 31 mWitness wle:rzof, &c. [as in No. 9S]. No. 107.-General Release of every Demand. Co all to lal)om these Presents iball rome, or may concern, GREETING: KNOW YE, that 1, JOHN DOE, of the town of MIontpelier, in the county of. lWashington, and state of Vermonte tor and in consideration of the sum of one hundred dollars, lawful money of the United States, to me in hand paid by RICHARD ROE, of the same place, have remised, released, and for ever discharged, and by these presents do', or myself my heirs, executors, and administrators, remise, release, and for ever discharge the said RICHARD ROE, his heirs, executors, and administrators, of and from all, and all manner of action and actions, cause and causes of action, suits, debts,

RELEASES. 115 dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law or in equity, which against the said RiCHARD RoE I ever had, now have, or which my heirs, executors, or administrators, hereafter can, shall, or may have, for, upon, or by reason of, any matter, cause, or thing whatsoever, from the beginning of the world to the day of the date of these presents. 3n witnetss mwljrof, &c. [as in No. 9S]. No. 108.-Release of part of Mortgaged Premises. Tlhii Snbeltltr, made this first day of April, in the year one thousand eight hundred and fifty, betw'een JOHN Dotl:, of the town of Harrisburgh, in the county of Dauphin, and state of Pennsylvania, of the first part, and RIc1ARD RoE, of the same place, of the second part: l3l)CereaS, RICHARD ROE' aforesaid, by indenture of mortgage, hearing date the first day of January, one thousand eight hundred and foJrty-five, for the consideration therein mentioned, and to secure the payment of the money therein specified, did convey certain lands and tenements, of which the lands hereinafter described are part. unto JOHN DOE aforesaid; and whereas, the said party of the first part, at the request of the said party of the second part, has agreed to give up and surrender the lands hereinafter described unto the said party of the second part, and to hold and retain the residue of the mortgaged lands as security for the money remaining due on the said mortgage: Now t1)is inbentntre witnesset1l, that the said party of the first part, in pursuance of lhe said agreement, and in consideration of'four.lzundred dollars, lawful money of the United States, to him duly paid at the time of the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, hath granted, released, quit-claimed, and set over, and by these presents doth grant, release, quit-claim, and set over, -unto the said party of the second part all that part of the said mortgaged lands [here describe the mortgaged yremises intended'to -be released from the lien of the mortgage], together with the hereditaments and appurtenances

116 RELEASES. thereto belonging; and all the right, title, and interest, of the said party of the first part, of, in, and to the same, to the intent that the lands hereby conveyed may be discharged from the said mortgage, and that the rest of the lands in the said mortgage specified may remain to the said party of the first part, as heretofore. io lbaue aubt to lo1b the lands and premises hereby released and conveyed to the said party of the second part, his heirs and assigns, to his and their only proper use, benefit, and behoof, for ever, free, clear, and discharged of and from all lien and claim, under and by virtue of the indenture of mortgage aforesaid. 3n rwitness milercof, &c. [as in No. 63]. The following is the form to be used for the purpose of discharging a mortgage that has been fully paid. It should be acknowledged before the proper officer, in order that the mortgage may be cancelled of record:No. 109.-Satisfaction of Mortgage. 3, JOHN DOE, of the town of Co7umbus, in the county of Franklin, and state of Ohio, bo tIereb rcrtify, that a certain mortgage, bearing date the tenth day of December, one thousand eight hundred and forty-seven, made and executed by RICHARD ROE, of the city of Cincinnati, in the county of Hamilton, and state of Ohio, to me, to secure the sum of three thousand dollars, and recorded in the office of the clerk of the county of Hamilton aforesaid, in liber thirty of mortgages, page 610, on the fifteenth day of December aforesaid, is paid. Dated the tenth day of December, one thousand eight hundred and fifty. JOHN DOE. Acknowledgment of the foregoing. State of Ohio, County of Hamilton, ss On the tenth day of December, one thousand eight hundred andfifty, before me came JOHN DOE, to me known to be the individual described in, and who executed the above certificate, and acknowledged that he executed the same. JOHN SMITH, Justice of the Peace.

RELEASES. 117 no. 110.-Satisfaction of Mortgage to be executed by a Corporation. X, JOHN DOE, President of the Northwestern Life Insurance Company. of the city of New York, a body corporate, bo lerehbn ertifs, that a certain mortgage, bearing date the tenth day of June, in the year one thousand eight hundred and forty-eight, made and executed by RICHARD ROE, of the town of Jamaica, in the county of Queens, and state of New York, to the said corporation, and recorded in the office of the clerk of the county of Queens, in liber twenty of mortgages, page 425, on the sixteenth day of June, one thousand eight hundred and forty-eight, is paid. 3un witnes tbereaof, the seal of the said corporation is hereunto affixed, this tenth day of June, in the year one thousand eight hundred and fifty. JOHN DOE, PRESIDENT (corporate seal). Witnessed by JOHN SMIrH, Secretary. Acknowledgment of the foregoing. State of New York, 1 City and County of New York, ss. On the tenth day of June, in the year one thousand eight hundred and fifty, before me came JOHN DOE, with whom I am personally acquainted, and known to me to be the president of the above-named corporation, who being by me duly sworn, says that he resides at No. ten Clif street, in the said city; that the seal which is affixed to the above certificate is the corporate seal of the said corporation, and was so affixed by their authority. JOHN JONES, Commissioner of Deeds.

WILLS. THu following forms of wvills are inserted for the benefit of those who may be unexpectedly called to draw up a will without being able to procure good legal advice. It is of the utmost importance that the property bequeathed and the conditions and intentions of the bequest be distinctly defined, for wills are generally construed according to the strict letter of the instrument. Whenever good legal advice can be obtained, it is advisable to procure it; for the statute regulations respecting wills and devises are so minute and important, yet varied in every state, that there is danger of coming in conflict with some statute provision in attempting to make a will without advice. The person making his will must be of sound mind, must act fieely and voluntarily, and with a deliberate intention of making his will. He may, of course, revoke his will by any act which evidences such an intention. Generally, infants and married women can not make a will, but in some of the states they are empowered to do so by statute. By common law, marriage and the birth of a child subsequent to the making of a will in which no provision is made for such an event, will be considered a revocation of the will; at least it can not bar the rights of the wife, and the child so born, from an interest in the estate. The will of an unmarried woman is in many states revoked by her subsequent marriage. A bequest to a wife will not take away her right of dower, unless it be clearly inconsistent with such right, or it be expressly stated that it is in lieu of such right. A codicil is something in addition to a will, and should be executed in the same manner as the will. It may consist of a further bequest,-or of a revocation, in part, of the will

WILLS. 119 A bequest to a person witnessing a will is void,. though all the rest of the will is valid. Coercion and undue influence, when exercised upon a testator, will invalidate the will. As to the form of attestation of wills, see the directions under head of wvills in the respective states, and page 163. go. ll —Short Form of Will. 3tn the Name of ( A n. ob, n. I JOHN DOE, of the town of Mliddletoun, in the county of liddlesex, and state of Connecticut, being of sound mind and memory, and considering the uncertainty of this frail and transitory life, do therefore make, ordain, publish, and declare, this to be my last W3ill and lestaniret: That is to say, First, after all my lawful debts are paid- and discharged, the residue of my estate, real and personal, I give, bequeath, and dispose of, as follows, to wit: [To my beloved wife, the land and appurtenances situated thereon, known and described as the Wells farm, lying in the town of Middletown, in the county of Middlesex, and state of Connecticut, together with ten shares of the capital stock of the Mliddletown Bank, now possessed by me, during the term of her natural life; and after her death, to be divided equally among my heirs: To my son GEORGE the farm situated and lying on the highway between Middletown and Hart. ford, known as the WVilcox farm; also all the right and title I now have or may have in the axe-factory situated on what is commonly known as the Millpond, together with the ma chinery connected therewith': To the American Bible Society, instituted in the city of New York in the year one thousand eight hundred and sixteen, the sum of five hundred dollars: I give, bequeath, and devise, all the rest, residue, and remainder of my real and personal estate, to my child now living, or to my children, or their heirs, who may be living at the time of my decease, to be divided equally between them, share and share alike.] Likewise I make, constitute, and appoint, my said son GEORGE, and my brothers WILLIAM and JAMlIE& DOE, to be executors of this my last will and testament, hereby revoking all former wills by me made. in witneo mol])reof, I have hereunto subscribed my

120 WILLS. name, and affixed my seal, the third day of April, in the year of our Lord one thousand eight hundred andfifty. JOHN DOE (seal). The above-written instrument was subscribed by the said JOHN DOE in our presence, and acknowledged by him to each of us: and he at the same time published and'declared the above instrument so subscribed to be his last will and testament; and we, at the testator's request, and in his presence, have signed our niames as witnesses hereto, and written opposite our names our respective places of residence. RICHARD ROE, Middletown, Middlesex Co., Ct JOHN SMITH, Middletown, Middlesex Co., Ct JOHN JONES, Portland, Middlesex Co., Ct. No. 112.-Codicil to a Will. t ~)trea$ i, JOHN DOE, of the town of Middletown, in the county of Middlesex, and state of Connecticut, have made my last will and testament in writing, bearing date the third day of April, in the year of our Lord one thousand eight hundred and fifty, in and by which I have given and bequeathed to the American Bible Society, instituted in the city of New York in the year one thousand eight hundred and sixteen, the sum of five hundred dollars: Nom, tlterfore, I do, by this my writing, which I hereby declare to be a codicil to my said last will and testament, and to be taken as a part thereof, order and declare that my will is, that only the sum of two hundred and fifty dollars shall be paid to the said American Bible Society, as the fill amount bequeathed to the said society, and that the residue of the said legacy be given to the person who shall be acting as treasurer at the time of my decease, of the Young Men's Library, located in the town of Middletown, to be expended by the society in the purchase of books for the said library: and lastly, it is my desire that this codicil be annexed to and made a part of my last will and testament as aforesaid, to all intents and purposes. Jn witnies wtereof, &c. [as in No. 111].

Mo. 113. —orm of Will, in which the Testator devises all his Property to Trustees for certain Purposes. tZIle last tfill of.tie JOHN SMITH, of the town of Columbia, in the district of Richland, and state of South Carolina, being of sound mind at the time of making and publishing this my last will and testament, I give and devise all my estate, real and personal, whereof I may die seized or possessed, to JOHN DOE, of the said town of Columbia, and RICHARD ROE, of the same place, gentlemen: o It)ale aunt to l]olb the same to themselves, their heirs and assigns for ever,.upon the uses and trusts following, namely: In trust to pay all my debts and funeral expenses: [secondly, to pay to my wife JANE. upon her sole and separate receipts, the interest, income, and revenue, of all my said estate, during the term of her natural life: and thirdly, upon the decease of my said wife, to convert all my said estate into money, if such a course shall be thought best by my said trustees, and pay to my daughter JANE the one third part thereof, it seeming to me best to give her so large a share on account of her bodily infirmities and iinability to provide for herself, and the remaining two thirds equally to divide between my four sons PETER, JOHN, HENRY, and THOMAS. If either of my children shall, before such division, have died, leaving lawful issue, such issue to receive the parent's share; but if there be no issue, then such share to fall into the general fund, to be divided among the survivors in the manner before directed, And I hereby give to my said trustees full power and au thority to sell any or all of my real estate at private or public sale, and invest the proceeds, or to lease the same as they may deem best for the interest of my family. And if my said daughter JANE shall not have attained the age of twenty-one upon the decease of her mother, I hereby nominate, constitute, and appoint my said trustees, guardians of the person and estate of my said daughter JANE during the remainder of her minority, commending her to their fatherly care and protection. And I hereby nominate, constitute, and appoint my said trustees, JOHN DOE and RICHARD ROE, executors of this my last will and testament. n.witUne~ olmrccrf, &c. [as in No. 1ll11'*'' 11

As"?IAB3ILITES Oi MEawTU LIABILITIES OF MINORS. PERSO'NS of both sexes are minors until they are tweneyq one years of age. In Vermont and Ohio, females.are of age at eighteen. Minors can not do any act to the injury of their property, which they may not repudiate or rescind when they arrive at full age. Every contract entered into by a minor which is clearly to his prejudice, is absolutely void; and a contract which is clearly to his benefit, is good; and one that is uncertain whether prejudicial or advantageous, is voidable only at the election of the minor. If the contract be voidable only, it is binding on the adult party thereto until it is rescinded by the minor. A contract for necessaries is binding on an infant, and he may be sued on such a contract, but the articles must be shown to have been necessary for him under the circumstances and condition in which he was placed when they were furnished. The real circumstances of the minor must be looked at, not his ostensible condition. Necessaries for a minor's wife and children are necessaries for him. Infancy or non-age can not be taken advantage of to pro. tect a fraudulent act. An infant has been held liable for deceit in obtaining a loan of money on the fraudulent affirmation that he was of age. A father is not bound by the'contract of his son, even for articles that are necessary and suitable for the minor, unless an actual authority be proved, or the circumstances be sufficient to imply an authority. What circumstances will be sufficient to infer an authority must always be a question to be determined in each particular case. The father is liable for necessaries furnished his minor children, but they must be strictly necessaries, such as the father is in duty bound to furnish, and has not provided.

LIABILITIES OF COMMON CARRIERS. 123 LIABILITIES OF COMMON CARRIERS. A common carrier is one who undertakes to carry goods or packages of any kind, by land or water, for hire, stated or implied, as an employment: owners of stage-wagons, stagecoaches, and railroad-cars, who carry goods for hire; truckmen, teamsters, porters-owners and masters of vessels in the carrying-trade-canal-boatmen, barge-owners, &c., are common carriers. Owners of steamboats who tow vessels, and private individuals who may agree to convey a man's goods on a special occasion, are not liable as common carriers. Owners of stages, hackney-coaches, and other vehicles for carrying passengers with their baggage, are liable as common carriers for baggage or luggage intrusted to their care, but not for goods, unless under a special agreement. Common carriers are liable for the entire value of the goods, if not delivered to the proper person; except a pirate or other public enemy destroys or captures them, or the act of God (against which foresight can not provide nor human power withstand) destroys them. They are not liable for inevitable losses caused by lightnings, storms, hurricanes, earthquakes, the ordinary decay of perishable goods, spontaneous combustion, leakage of casks, or the carelessness of shippers. Against all other perils the carrier is held as an insurer. If a mob seize the goods, the carrier is held. Any passenger-line in the habit of carrying goods for hire, is under the carrier laws. If a stage-driver, or person going along in the conveyance, takes money or goods to carry for his own profit, he alone is responsible: it is the same if he went in a railroad-car, steamboat, &c., which takes passengers only. To make the owner or master of a vessel liable as a common carrier, she must be open to transport anybody's goods to the port agreed on-no matter whether there be one shipper or many, or whether she be in the home, foreign, coasting, river, or ocean service; but a ship that carries only for one or more particular individuals, comes not under the carrier laws, nor does an owner who lets the tonnage to particular shippers. If the owners charter a vessel to certain per

124 LIABILITIES OP COMMON CARRIERS. sons for a voyage at a specified freight, they are common carriers, unless the terms of the charter-party relieve them. Carriers are responsible for the acts of all persons in their employ: the act of the agent or servant is deemed to be the act of the principal and master. Injuries done to the goods by strangers must be made up by the carrier. He is liable fur accidental fires, thefts, robberies: the goods must be delivered as directed, in the same good order in which they were intrusted to him. The common carrier must receive all such goods as are offered for the place to which he carries, from anybody willing to pay the regular or a reasonable freight-charge: proof of readiness and willingness to pay is enough, though it might be advisable to tender the charges if a suit is intended. The carrier may refuse if he is full, or the goods are dangerous to be carried, or until he is ready to receive them, or if they are goods it is not his custom to carry, or for a good reason. When he takes freight, he must deliver it in a reasonable time; his ship should be seaworthy, and properly furnished and manned, and he must proceed to the port advertised or otherwise agreed on. A carrier is not liable for loss by a river or canal freezing up, during his voyarge unless he neglected to use due diligence; nor for X'e leaxKage of a ship strained in a storm, nor for losses fiom collision of his ship with another, unless he was negligent; but for losses by theft and robbery, and for all felonies except piracy, he is liable. The carrier is liable for goods the moment they are delivered to him; any delivery, in which he specially accepts the goods, binds him; acceptance is frequently implied and binding from the usage of business. Where a carrier receives his freight, even at the shipper's warehouse or that of his agent, and takes it in charge, if that be the usage, it binds him. He is not liable for goods left in the yard of an inn, where several carriers put up, and not actually delivered to him. For goods delivered at a wharf to some unknown person, of which the wharfinger had no knowledge, he was held not liable. When goods have reached the destined place, they must be delivered to the proper person, or deposited in the proper place, and the consignee, or one entitled to receive them, duly notified. If he accepts the delivery, the carrier is no

LIABILITIES OF COMMON CARRIERS. 125 longer liable. In some instances the local usage, cr the custom of particular carrying-trades, in the absence of express directions fiom the shippers, regulates the delivery; but if there is a special contract, it must be fulfilled. If the carrier of a line from Boston to New York takes goods to be forwarded to Philadelphia by a particular conveyance, his liability ceases, as carrier, when they are safely deposited at New York, and ready for such next conveyance; but if he takes goods to forward to places beyond the extent of his own line, he is answerable as carrier to the place of final destination. A carrier is answerable for losses from deposites or storage of goods on the route; but if goods are left in his possession beyond a reasonable time, he is only bound to take ordinary care. If he delivers goods under a mistake of his own, or of fraud on the part of others (other than the owners or shippers), he must make good the value to the owner. No contract, no public or personal notice, will exempt the carrier of goods from losses caused by his or his agents' neglect or fraud; but any notice of the carrier (if the shipper can be proved to have read it or known of its existence, and not otherwise) that he will not take goods of great value, or that he will not pay more than a specified sum unless specially informed of such value and paid in proportion to the risk, is good. An ambiguous notice will be construed against the carrier. Notices at each end of a route will not bind those who ship goods at intermediate places, unless specially made known to them. A personal notice to the principal is binding on all his agents who may forward by the same line. A carrier can not, by any transfer of the goods to another carrier, exempt himself: if he forward in another mode than that understood, he will be- liable, in cases where his notice would have otherwise protected him. If the owner of goods mislead the carrier as to their value, or make false statements calculated to lessen his vigilance, it is a fraud upon him. Where there is no notice, or special contract of limitation, it is enough for the owner to show the carrier's undertaking the carriage of his goods, and a non-delivery. The carrier must show why he did not deliver; but when there is a notice, the owner must show a want of ordinary prudence in the carrier. A valid seizure of goods because of an illegal act of the owner, will excuse a non-delivery; but the seizure must 11'

126 LIABILITIES OF COMMON CARRIERS. be valid, or the carrier will be liable. The carrier has legal power sufficient to put any claimant to the proof as to his title to take the goods; if he neglect to use that power, he is liable. In case of stolen goods, the carrier must deliver them to the owner on demand. When goods are sent by water, and it becomes necessary to throw a part overboard, thereby to save the rest, the loss is to be general. When one shipper's goods are thus destroyed, and those of others saved, the loser may demand a contribution from all the others, and from the ship-owners, and the party entitled to freight, in such equitable amount as will subject him only to his fair proportion of the loss according to the value of goods he had shipped. Land-carriers, when inevitable perils oblige them to incur unusual charges, may demand payment by an equitable contribution. The carrier has a right to demand payment when he receives the goods: he may refuse to take them if not so paid; but if he take them, to be paid at the end of the route. he may retain them till paid, on his arrival there. He may waive this lien by agreement, in which case his charges become a simple debt. As a general rule, the consignor is bound for the freight; but the consignee, if he engage to pay, is also. Nautical usages have often become, by the decisions of courts, positive law. Different states have passed local laws to regulate their navigation: if a carrier break any of these rules to the loss of a shipper, he is liable. In the states of New York and Ohio, special notices and special contracts, by common carriers, are held to be against the policy of the law, and therefore utterly void. The courts also hold that the notice that "all baggage is at the risk of the owner," is a nullity; but the carrier may require the shipper to disclose the nature and value of the property, or make a special acceptance. Warehousemen, wharfingers, and private carriers, are only bound to use ordinary care and diligence, and are liable but for gross negligence or bad faith. Common carriers are bound to carry passengers safely and properly to their place of destination; to use the utmost skill, care, and diligence; and are responsible for the least neglect. If an accident happen, it falls to the carrier to show that it was not his fault. All who seek a passage are to be treated with impartiality, but must pay in advance if required and submit to reasonable rules for the general convenience and comfort. Persons of coarse, rude conduct, or suspicious or notorious bad character, may be refused. The conveyance must be suitable for the passage, having skilful, prudent, faithful conductors and servants. If by water, the vessel must be seaworthy, with a competent crew. His baggage must be duly delivered to the passenger, or the carrier must keep it for him a reasonable time. In case of a coachman, if he be rash, careless, races violently, or by want of caution runs foul of anything, and an accident happen, the proprietors are liable. The baggage he may detain for unpaid fare.

LIABILITY OF SHIP-OWNERS. Vlue following Act in regard tIc the Iablitieos ofslip-owvaers, which was pased by Congress, Mxq, Mar.85, hs, so imljortant a cnu eaog in see-caril.age:a mserchaidise, lihat it is inserted euiire. Iw fr it. will effect the eld esta.bhlbCd pri ncipila-so'Qcif o cn carner lihih'ities, stated i- the,pim~ceding article, reninains to be settled by tile legal trdibuaals. No owner or owsner'f tarny hip ior vessel shall'be hubject or liahle to answer for or nanke good to any one -or: eure e oro persoor persons any loss or damage which may happen ito.any sgoois ior erclhandise whatsoever, which shall lie shipped, taken il, 1' tput o hoa1'di alny n!ch ship or vessel. by reaso() or by lieauls of any tire h ippenin to or oil oard thile said ship or vessel. Uilees such'fire is caursed by the desisk: or neI.tecti of such owiler or owners: Provided, That -noihi-ra in lhis act conitainred shall prevent the p-ii'riest Iron minak igmsch contract as they please, euktendiar' limitin'the liabili y of ship-owners. -If any shipper or shippers of platna, go!ld,:-olld-dut, silver. buliioll, or olier precious metals, coils. jewia:l. Il'.,'fyany iatth,r' Im.lblic hoily, diamiiotids or other precious' stones. shaill hade the tsme ho'ar aori 01d-i) - 1p' -orv-iel, wilboni at the titre o(f su(ch ludiln. givil Io ihe anaster, aget, eownlr ior c'llcrs of the ship n vessel receivimn hfie stm:e, a: noe il w.rlitinl of the t1uue chtliiraeer and vaite ihereotf and.have;ie -saiie entered oni le bill oif la.ildu'thereltb, -:lie a.iastlr aUd owner or' oiwiers of l;e.sa.ui vessel shall notl ie liiable, as carirfis in any'foi a',1t.'lo. Nor al.l wiV such Illisteri' or wilers lbe liable for ally suchll vaiuu.il!e ^good6 *l)e:ot)d.l:t- valne Hioll d acc<i!itl sQ'! to tlie cli:Lri;l(:(er tire(,rr c-st ltoifiied:itdl t'nltinl'trd, The liabilitv of the owner or owners if aiNy ship or vessel for tiny e.lnbexzzilene.i loss or, destruction. liy the mnasLer, officers, iiimrirers. passr.!'rsir any oler eron r person person.of any property, noods. or ltel'chlis. iishi, ipe or pl board y suc sip o r vessel, o fr ar uny lois, d'1ai't or injury by co<llision, or f;u,"'ny it, atte or, t tl i, laua.i:e, or foirfectu.re de, d iccasiniedi, (i i'ucl'red, witbout llhe privity or knocviledge of such owner or ownelrs, siall inl.o csno e et:xceed ilie;e:l.11toiit or vallle of tile iiitltresi of such ow-vller' or owinetis, respectiveyi,. iu:.a h.Fhipiir.vessrel, a:nd hi'er feirihla Itlln pedtil. If any iecih ei-rbezlemeiet, i oss, iir desraec!iin, sttll -1t ls-le-iirri by severdtl vfeighers or owners'tf'o)ods, wares, or il meechlanise, or anNy property whatever, <ii the si.une voyage,, and the mwhole valute ofthe shllip or vessel, aild lier freii.ht for Ihe voyae. shiail.o110 be scuffi cient to mnitie compensation to eachl tof liien, they slt;iil receive cotijlpens;ttio fL.on tile owner or owners of the ship or vessel ii lproportioii.i their respective lossesm; and for thait purpose the said freightiers uand ow.neris.' t:he property, r -]d lie,owmtner or owners of the ship ca vessel, or Mi'i of them, nay t ak e -ihe napprpriate:prioceeditias iin uany court for the purpose of apportioniing tile sum lfbr whicli:tlw ow i',ver I' ownersi, f any ship or' vessel, may bee lia among he i patlties oetitled tirereto. And it shill bie leemed ia' utfncienll coinpliance with Il e reqirel- eotlI; of this act, on the part of such owlel' oi owner s. if he or ihey ihall -tramsfer his tir their interest in sucli vessel and i frelrt, fr the henefi oft' such claimants, to a trustee, to be apptlinted:by any court of' onipe.telit jurisdc.f'ioui, to act is such trustee for the person 01 peisons who.mey p roine.to:be lesal l enltiiled'tlei rela. froiM aud itter whichl transfer, s.ll claimns aiad ppioc-edinl au:rinsl tlie-ownier' or owtiers shall cease. The charterer or chartet rers of nory slhp o'-r -vesstel, in casi-e:e.t nley shall man, vicltal, and navi-gate, such vessel at his or their own expenise, r by his oir their o0wn procurement lt shall be -eeted 4ie owner or or owners of such vessel, within ille meanlig'of tiias act and such ship.or ve'sel vishen go-chartered shall be liable inl tihe same mianuer as if airvigated by Ihe owner. o o; vnera thereof. Nothg ing inthe precediua suctionos si.ll be constrmed to take away or aflect thie renledy to wyhich any py parmay lay e entitled, aainst te nmster, oftice'rsi., or -11tillers, for o' O) accollut cf any embeLzlemnea, iinjuily tloss,'-or destruction iof eooed-s, wva'rcs. merchsndise,- r ller property, put on board anwy shi1p or vessel or on account oif any ne'lieetcen fraudi, or -iiher Imalversation of such master, odicersI' m inariners, respectively, nor shall anytll:auz herein contained lessen or ltake awsy any responsibility to which sny master or mariner of any s;hip or vessel nmay now by law lie li-lable, notwithstandin siu-h master or marisier may bet an owner or part bo'wner of such ship o(r vessel. Any person or persins ahipplig oil -of vitriol, unsalsked line, inflaminabhle matnc-hel, or gunpowder, in a ship or vessel takiu- carYo for divers persons oin frellil, wiiliumt delivering at thie time of shipment, a i-ote in writing, expressilng the.n.atu-re aiii character of such lmerchandise, to the mater, mate, officer, or ipersoni in, charge of tile lading of tile ship or vessel, shall forfeit to the United States one thousand dollars. _This act shael not nppily to the oswier or ooners of aii.y cirsa-boa-.t, barse, or iler, or to an) eosl of say,dcsrsptiosii uw5tsewr uwnd -i river' sr i-tiand Lsiiyrtifoi.

21 b1% IfOIJSM a 1'tEG LATO~ia.i CUSTOMHOUSE REGULATIONS. E'ntsy of Vessels froen Foreign Ports.-It is necessary that three copies of t'fh manifests of vessels from foreign ports should be made out before arrival, in order to te presented to the boarding-officer vpon arrival. They sbould include every, thing on board; and, after stating the cargo laden at the port of departure, if there should' be any return cargo, it should then be added under that head. If there are any surplus stores,, these should then be particularized; and,. finally, the pas. sengers' names, individually, with the nunmber of packages of baggage belonging to each-the whole to be signed by the master. Where there-are passengers, a separate list, besides the names on each manis fest-iincluding the names, avges sex,, occupation, country to which they severally belong, and of which they intend to become inhabitants, and if any have died on: the passage —will also be necessary. Another list of passengeis, similar to theo last, is required by the mayor of the port in some of the states. If any part of the cargo is to be landed at a different port than the first one of entry, it must be so stated in the manifest, as otherwise that privilege will be lost,. and the cargoo reqgired to be landed at the first port of entry. The captainl shlould be particular inl having his crew mustered, by the boardingoficer, upon arrivals. in order to the cancelling of the bond' given for their safe' return. Vessels must report at the customhouse within twelve hours, and enter within forty-eight hours, after arrival. If the captain is not an owner of the vessel, and there should be a resident owner at the port of entry, such owner i required to- accompany the captain, in. order to, swear to the register. Entry of Vessels coastwise.-Nothing further is required than the clearance from the customhouse at the port of departure, and the register,. if she is a registered vessel. * Clearance of Vessels for Foreign Ports.-Every shipper must clear his goods at the customhouse before the vessel can, clear. From these shippers' clearances the vessel's manifest is to be made, after the same form, and including all the particulars therein contained. A notarial crew-list and duplicate shipping articles: are also required. If there is any change of owner or master, notice thereof, should: be given,, at. least the day: previous, in order that the register may be endorsed or a new one issued. Inquiry should also be made, a day or two previous to clearing (in case of vest sels last from foreign ports), whether the return of the inward cargo correspondsa with. the manifest,, as delays may otherwise occur in settling discrepancies, which to adjust may and do frequently detain vessels from clearing, when the hurry is, great, and consignees are anxious to get their vessels to sea. if there is any cargo brought in, the vessel not to be landed, a permit must be obtained to retain the same on. board,.several.days before clearing, as the officer discharging the vessel can, not make his return without' it; and, without his return, the' vessel can not be cleared. When cleared, the captain will receive his register, crew-list, clearance, bill of'heaith, and. shipping articles; or, in. case of a foreigrn vessel, all-. that.l e requires is a clearance and bill of health, upon presenting which' to the, consul of his nation, lie will receive all other necessary papers. Cleariance of Vessels coastwise.-Duplicate manifests, made out from the bills of lading (number of packages in. each bill of. lading being stated inw -writinzg) with the names of the shippers and consignees, and their places of residence, are all that is, required. Lawes r'elative to Isvoices.-Invoices must be made out in the currency of the country vwhence the goods are imported. When the value of such cnr-ency is anot fixed by law, the invoice must be accompanied by a consular certificate. statin,'&Q true value of such cmaiency in, Sa nish l-er i7l tSd Sgateas siier dolla; ancd- is

CUSTOMHOUSE REGULATIONS. 129 default thereof, a bond for the production of such certificate must be given. If no invoice of goods has been received by the consignee or owner, they may be entered by appraisement, the owner or consignee first taking oath that no invoice has been received, and giving bond to produce invoice. Goods belonging to persons residing in the United States, but absent from the place of importation, may be admitted to entry, the importer or agent first giving bond to produce invoice duly verified by the oath of the owner, administered by a collector of the customs or by a public officer duly authorized to administer oaths. Goods belonging to a person not residing at'the time in the United States, can not be admitted to entry, unless accompanied by an invoice verified by the owner's oath, stating that the goods were actually purchased for his account, and that the invoice contains a true and faithful account of the cost of such goods. If such goods have not been acquired in the usual mode, of bargain and saleor if they belong in whole or in part to the manufacturer thereof-the oath annexed to the invoice must specify that the invoice contains the actualfair market value at the time and place when and where the same were procured or man-. factured. The verification may be made before a consul or commercial agent of the United States. If there is no consul or commercial agent in the country or place of purchase, the oath may be administered by any public officer authorized in such place to administer oaths, which authority must be authenticated by a consul or commercial agent of the United States: if there be no such consul or agent, then by the authentication of a consul of any nation at peace with the United States: if no such consul can be found, then the certificate of two respectable merchants will answer. Goods owned by persons not residing in the United States, and not accompanied with an invoice verified as required above, may be admitted by the secretary of the treasury, the collector first certifying that no fraud was intended; but before such enltry shall be permitted, the importer shall give bond to produce an invoice of such goods, duly verified by tie owner, in the mode and to the effect before mentioned. The owner, consignee, or agent of imports, which have been actually purchased, on entry of the same, must make such addition in the entry to the cost or value given in the invoice as in his opinion may raise the same to the true market value of such imports in the principal markets of the country whence the importation shall have been made, or in which the goods imported shall have been originally manufactured or produced, as the case may be. No goods, wares, or merchandise, subject to duty, can be imported into the United States on the seaboard in vessels of less than thirty tons' burden, under the penalty of the forfeiture of vessel and cargo. Invoice must contain the weight, quantity, or measure of goods, or the same will be weighed, gauged, or measured, at the expense of the importer. The number of bushels of wheat is to be ascertained by actual measurement by the standard bushel, and not by weight. In all cases where there are more goods found on board a vessel than the master thereof has reported in his manifest, he must, with the consent of the officers of the customs, make a post entry for the same, and pay two dollars therefor; and for every disagreement between his manifest and cargo, he is liable to a fine of five hundred dollars. All goods, on examination by the appraisers, not corresponding with the entry made of them, are liable to forfeiture. Dr}awback.-To be entitled to drawback, the duties on the importation of the goods exported must have been at least fifty dollars by one vessel, at the same time, and by the same person, and the merchandise be, at the time of exportation, in the same package and same condition, including wrapper and original mark and nunber, as when imported. Register Act.-Every owner of a vessel, residing within the limits of the Uni. ted States, must swear (or affirm) to the register within ninety days after its being granted, or it becomes void, and the vessel and cargo pays foreign tonnage and duty. All duties musst be paitd in gold or silver coin.

130 CUSTOMHOUSE REGULATIONS. TVarehousing.-Goods, wares, or merchandise, entitled to entry for wehousing, are such only as shall have been actually imported after the passage of the act'reducing the duty on imports, and for other purposes," approved July 30, 1846. Wh'ere owners, importers, consignees, or agents, desire to warehouse their goods, due entry in writing must be made in each case, and a bond taken with surety or sureties to the satisfaction of the collector, in double the amount of the duties. Goods, wares, or merchandise, entered for warehousing, must be conveyed from the vessel, or wharf where landed, to the warehouse, under the spe rial superintendence of an inspector of the customs, in drays, carts, or other usual modes of conveyance, to be employed on public account, by the proper officer of the customs, and the expense at the rates usually paid for such service at the port in question is to be defrayed at the time by the person who enters said goods, wares, or merchandise, for warehousing. In cases where goods, wares, or merchandise, imported after the passage of the act of July 30, 1846, are intended to be exported directly fiom warehouse to a foreign country, entry must be made and.bond given, in the manner now required by existing laws relating to exportations for the benefit of drawback. In all such cases the appropriate expenses are to be paid before granting permit for exportation, Where any goods, duly warehoused, shall remain in store beyond one year, Without payment of the duties and charges thereon which in pursuance of the act are required to be appraised and sold, the treasury department prescribes that all such sales shall take place within thirty days after the expiration of the year. If a part of an importation is to be landed and the duties paid forthwith, and the remainder warehoused, the two entries must be made simultaneously. If no invoice has been received, the goods may be entered in conformity with the second section of the act of March 1, 1823, but can not be entered for warehousing. W hen the goods have been deposited in the warehouse, the collector shall cause them to be compared with the invoice, and the dutiable value, quantity, and the character thereof, ascertained in the manner provided by law; and after the report of the appraisers has been received by the collector, the importer, agent, or purchaser, may withdraw any entire case or package, or any quantity not less than one ton in weight, if imported in bulk. When the goods have arrived at the port of destination, they may be deposited in the public store, and the duty paid forthwith. If the duty is not paid forthwith, the entry fbr warehousing shall be presented to the collector, and accompanied with the transportation certificate and copy from invoice, and shall be verified by the oath of the owner or consignee: the collector will then take a bond with satisfactory security. When the goods are deposited in warehouse, they must be subjected to theo same examination as is required by law on the importation of goods fiom fbreign ports, and must be carefully compared with the copy from the original invoice. If the collector is satisfied that the goods so examined are the identical goods described in the transportation certificate, he will grant a copy thereof and certify thereon, which certificate being presented to the collector at the port whence the goods were transported, the bond may be cancelled. If the goods are withdrawn fiom warehouse at the port of original importation, for exportation, then entry must be made, the oath prescribed taken. and bond with satisfactory security given for the delivery of the goods at a foreign port or place: whena the bond is received, the collector and naval officer will issue a permit to deliver the goods to the surveyor, and shall direct the surveyor to cause the same to be laden on board for exportation, indicating which are to be weighed, gauged, or measured. The officer under whose inspection the goods are shipped must certify on the entry: to cancel the export bond, the exporter must furnish the proofs required by law. When goods have been deposited in the public stores, the owner or importer on application therefor shall be entitled to receive a certificate, either for the entire importation, or for each package or parcel thereof, on payment of twenty cents for each certificate-which certificate shall be issued and signed by the

CUSTOMHOUSE REGULATIONS. 131,Cyl.ector, v'o ly so e person to be designated for that purpose by die collector, with Ithe approbation o(f the secretary of the treasury, which person shall be enti. tiled to receive from the importer a copy of the warehousing entry, and slldi be allowed to retainl out of the money received for tcertiificates Euch'reasonable amount as may be fixed by the collector, with the sanction of the secretary of the treasury, as'his onompensation; and the residue thereof, if any, after deducting the expese -of prinlting, ilHing -ap, registerinu, and c.,ccelling said certilic-ates, a e id e t e ll-coletot to be paidy ovm ace to te oectoto beby placed the credit of the treas4arer of the United States. Whel goods are withdrawn from waarehouse in quantities less than the entire i-mportation, the expense of weiglila' gauging, or measuring. must be paid ty the owner, importer, or agent, ift it be necessary to w:eigh, gauge, or measure such portion, in orderto ascertain the dutiable value. The warethouses are opened at sunrise, and closed at sunset. Recording the Sikle or Meortg.e e of Vessels.-No bill of sale, mortgage, hypothecation,, or conveyance, of any vessel or part of any vessel of the,United States, shall be valid haiahinst aniy person -other tlan hle grantor ror mortgagor, his'heirs, and devi aees, and Ipersons having ac'tual notice thereof; unless such bill of Sale, imortg-age, hypothecatioin, or -conveyance, be recorded in the office of the collector of custonis where such vessel is registered or enrolled: Pr-ovie'ded, That the lien by bottonmry on any vessel created during t her voyage, by a loan of money or materials, necessary to repair or enable such vessel to prosecute a Voyage, Mshal.l not lise its priority or be ii -aiiy way affected by the pcrovisions of;this act.'Tlhe collectors t of the customs shall record all such bills of sale. mortgages, hypothecoatios, or conveyances, and alao l ceritficates for discharging and cancelling any suc(h conveyauces, in a book or boolis to be kept for that purpose, in the order of their reception, and shall certifyin the paper so recorded thie time when the namne was teceived, and tlhe namber of the book and page where they are recorded. The owner, or agent of the owner of any vessel of the United States, applying to a collector of the iciust-oms for a registler or enrolment of a vessel, shall, in addition to the oath now prescribed by law, set fiairh, ill the oath of ownership, the part (r proportion of sucii vessel belonoinmg to -eacth ownet'. nnd the same sham ll e s inserted in the register torenrolment; and 11 btils iof sale of-vessels rtegistered or enrolled shall set forth the part of the veofel owned by each person selling, and the part conveyed to each person purchasaing. This act went into effect Oct. 1, 1850. As bilank torims are;prepared according to the regulations of the customhouse, and can be obtained at ports of entry, we shall omit them here. Tlhe details of passing goods thirough the customhouse are so intricate, that it wilt generally be:bund advisable to employ a br6ker to attend to the business. LIST OF FEES RECEIVABLE B-Y LAW. iOR admeasuring every Vessel, in order to the enrolment, or licensing, and recording the same, if of'5 toans, and less than 20................0.50 Of 30. and not over 70......................................... 75 O ver 70, and act over 100.................,...... I 00 Ove T............................... 1 50 Certificate of nroluient............................................ 0 50 o ndorseiienst 0on Ceritihcate of Ci'iolment............................. 0 20 License, aid granoting tlte saime, i dttudiig the goo.d, if not over 20 tons... 0 2,5 Above t0, and not ovetr 10 —... -,-,........................... 0 50 O)veri................................................... 1 00 uRndarseniw.tt on a Licentse........................................... 0 20 certifyiig Maniftest, -sod grianting Permit for'licensed Vessels to go from District to D isict, uider.0O tots................................. 0 25 Over StO as................................................... 0 O

2 132 CUJ'STOMUHOUS'E REGULATIG'N,. Receiving certified Manifest, and granting Permit on arrival of such Vesse, if under 50 tons. 0.2 Over 50 tons........................................... 0 Certifying Manifest, and granting permission to registered Vessels to go fiom District to District........................................ 5 Receiving certified' Manifest, and granting Pemnit on arrival of such registered Vessel 1 t.0 Granting Permit to a Vessel; not belonging to a Citizen of the United States, td go from District to District, and receiving Manifest........ 2 GO Receiving Manfiest, and granting Permit to unload, for ltast-mentoned Yessel, on arrival at one District from another........................ 2 0G rranting Permit for Vessel carrying on Fishery, to trade at a' Foreign Port 0 25 Report and Entry of PForeign Goods imported in such Vessel-........ 0 25 Entry of Vessel of 100 tons and m orue.................. 2 50 Clearance of Vessel of 100 tons and more............................... 2 5@Entry of Vessel under 100 tons......................... -........... 1 50 Clearance' of Vessel under 10f tons................... 1 50' Post Entry.............................................. 2 00 Permit to land Goods —all official Certificates, and Orders to deliver or transfer...................... -.......... 0 20 B'ond, taken officially................... 0 40 Permit to load Goods for Exportation, entitled to Drawback............ 0 30 Debenture, or other official Certificate................................. 0 20 Bill of Healthi-....... -. 0 2 Official Documents, except Register, required by any Mercha-nt, Owner, or Master of any Ve'aseli not before enumeerated..................... 0 2~ Admeasulrement and: certifyi ng Vessels of 100 tonis and under......' c. per ton Over 100, and not over 200................... 1 50 Over 200.............. I....... 2 00o Other services to be performed by the Surveyor, in Vessels of 1i00 tons and more, having on board Merchandise subject to duty................. 3 0 Like services in Vessels under 100 tons, having similar Merchandise.... 1 50 All Vessels not having Merchandise subject to duty.................... 0 67 P- rotection -....,....-..-..,. 0 25 Crew-List........................................ 0 5 Certificate of Registry and Bond............................ 2 25 Endo-semelnt on IRegister.......................................... 1 0o9 All Orders, Permits, and' other D'ocumentsj requhiing the Collector's signature, including Certificates on Invoices, and Shipping Manifests, and for every jurat or verification on oath 0................. 2. For recording Conveyance or Certificate of Satisfaction of a Record...... 0 50 Furnisling Certificate of facts regarding the Record of a Vessel........ 1 0Furnishing Certified Copies of the Record........................ 0 50 In all cases where the Invoice oru Entry does give item, there slall be charged forWeighing —lc; per 112 lbs. Gaugin.g-Casks, 12c. each; Cases and Baskets, 4Yc. each; Ale, Porter; &c,, lc. per dozen bottles. Measuring-Coaal, 90c. per 100 bushels; Chalk, Brimstone, &c., 90c. per 100; bushels; Salt, 75c. per 100 bushels; Potatoes, Seeds, Grain, and all othe? measurable articles, 45c. per 100 bushels. lMeasring-Marble, Mahogany, Cedar-wood, &c., the actual expense incurre,. Markiag-Spirit., Wines, &e., 2Mc. per package; issuing Certificates' (p$ih'iz 6,ly), c. er pachlage-when reque te-d by the im-poEtrX.

NATURALIZATION. 13 NATURALIZATION. It order for a free white person, born in a foreign country, to become a citizen of the United States, it is necessary that he should make a declaration under oath, at least two years before his admission, of his intention to become a citizen, and must renounce his allegiance to his own sovereign. This declaration must be made before1. Any state court, being a court of record, and having a seal and clerk, and common-law jurisdiction. 2. Before a circuit court of the United States. 3. Before a district court of the United States. 4. Before a clerk of either of these courts. After he has been a resident of the United States for five years, and has made his declaration of intentions at least two years before, he may then be admitted to the rights of citizenship. In order for this, he must prove, by the oath of two citizens of the United States, that he has been a resident of the United States for five years, and one year within the state where the court is held. He must also take an oath to support the constitution of the United States, and on oath renounce and abjure his native allegiance. If he have been a minor, and shall have resided in the United States for three years next before his attaining his majority, he may be admitted without such declaration, on proving by two witnesses that he has resided five years in the United States, three years as a minor and two since he became of age, making the declaration of his intentions at the time of his admission, and declaring on oath and proving to the satisfaction of the court that for three years next preceding it had been his bona-fide intention to become a citizen. The alien's country must, at the time of his admission, be at peace with the United States. If an alien die after having made his declaration of intention and before hi8 admission, his widow and children are citizens. The-minor children of any one duly naturalized, if dwelling in the United States, are citizens. No. 114.-Form of Declaration of Intention. I, JOHN DoE, do declare, on oath, that it is bona fide my intention to become a citizen of the United States, and to renounce for ever all allegiance and fidelity to all and any foreign prince, potentate, state, and sovereignty whatever; and particularly to the queen of Great Britain and Ireland, of whom I was a subject JOHN DOE. Sworn in open court, this first day of October, 1850. Clerk's Certificate. I, JOHN SMITH, clerk of the district court of the United States, do certify that the above is a true copy of the original declaration of intention of JOHN DOE to become a citizen of the United States, remaining of record in my office. In testimony whereof, I have hereunto subscribed my name, and affixed the peal of the said court, this first day of October, one thousand eight hundred and (Seal of te court.) JaiHN SMITH, Clerk. 12

134 NATUWRALIZATr.0N. No. 15.-Affidavit of one who arrived before he was lighteen. In the matter of JoHN DOE, on his Naturalization. JoTN DoE, being duly sworn, says, that for the continued term of five years last past lie hue resided within the United States, and that for one year last past he has resided within the state of jlichicgan; sand at the tine lhe so arrived in the United States he had not attained his eighteenth year; that it is tbonla fide.his intention, and has been for the last throe years, to becomne a citizen of the United States, and to renounce for ever all allegiance and fidelity to 1ll and every foreign prince, potentate, state, and sovereignty whatever; and partictlarly to VICTORIA, the queen of Great Britain and Irelanid, of whom he was a subject. JOHN DOE. Sworn in open court, the JO SlTH Clerk tenth day of A.gust, 1850. HN'ITH, r No. 116.-AfiSdavit to prove the Intention of becoming a Citizen, to accompany the preceding Affidavit. State of Mich ian, towi County of Wi ne, to wt: JOuN JONES, being duly sworn, says that he is a citizen of the United States; that he is well acquainted with the above-named JOIIN Dor. and llat the said JOHN DOE has resided within the territory of the United States for five years last past, and for one year last past in the state of Michige; and thatt duriln such period hle has behaved himself as a man of good moral character, attached to the principles of the constitution of the United States, and well disposed to the good order and happiness of the same: that for three years last past it has been bona fide the intention of the said JOH N DoE to become a citizen of the United States, and that at the time the said JOHN DOE arrived in the United States he had not attained his eighteenth year. JOHN JONES. Sworn to in open court, this JOHN STH, erk tenth day of August, 1850. JOHN SMI ler No. 117. —Proof of Residence, &c., to be made at the time of Admission. State of Indianan, ) County of Jefferson, to wit: PErT'r:I SMITi and JOHN JONES, being duly sworn, say that they are both of therm citizens of the United States of America; ftht they know JOHHN DoE, and that lie his resided within the territory and jurisdiction of the United States for five years last past; that.dirinlg tihat tim lie hhas behaved as a mian of good moral character, attached to the principles of lie constitution of the United States, and well disposed to the good order and happiness of the same. PI' TERII SMITH, JOHN JONES. Sworn in open court, this first day of November, 1850, before me, GEOotGE: GOODMAN, Judge. 5

NATURALIZATION. 135 No. 118.-Oath to support the Constitution of the United States, &c. I, JOHN DoF, do solemnly swear that I will support the constitution of the United States of America, and that I do absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate; state, or sovereignty whatever; and particularly to VicroltIA, queen of the United Kingdonm of Great Britain and Ireland, of whom I was a subject. JOHN DOE. Sworn in open court, thefrst day of November) 1852, before me, GEORGE GOODM)AN, Judge. No. 118.-Certificate of Citizenship. United States of America, ) State of Ildiana, > ss. County of.Jre'rson, ) Be it remembered, that on the first day of November, in the year of our Lord one thousand eight hundred and fifty-three, JOHN DOE appeared in the circuit court (the said courlt being a court of record, having common-law jurisdiction, and a clerk aind seal), and applied to thewsaid court to be admitted to become a ciLiaen of the United States of America, pursuant to the provisions of the several acts of the Congress of the United States of America, for that purpose made and provided; and the said applicant having thereupon produced to the court such evidence, made such declaration and renunciation, and taken such oaths as are by the said acts reqiuired: Tlereuo ton, it was ordered by the said court, that the said applicant be admitted, and tie was accordingly admitted by the said cor't, to be a citizen of the Uniteed States of Amlerica. III testimony whlereo, the seal of the said court is hereunto affixed, this first day of' Nlovether, one thousand eight hundred and fifty-three, and in the sevcutyeighth year of our Independence. Per curiam. JOHN SMITH, Clerk. (.iSeal of the cov.rt.)

1336 PA'TENT LAWS AND REGU1LATIONS, PATENT LAWS AND REGULATIONS. THE laws now in force relative to patents are those approved July 4, 1830 March 3, 1837, March 3, 1839, August 29, 1842, May 27, 1848, and March 3,1849. Tle forms resting upon these are fixed, and can not, of course, be varied without the intervention of Congress; but rules, having their origin in the commissioner, can be revised or modified at his discretion. For what Patents may be granted.-By the act of 1836, section 6, patents were granted for any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvement on any art, machine, manufacture, or comlposition of matter, not known or used by others before the applicant's discovery or invention thereof, and not, at the time of his application for a patent, in public use, or on sale, with his consent or allowance, as the inventor or discoverer; but, by the act of the 3d of Mtach, 1839, no patent is held to be invalid by reason of the purchase, sale, or use of the invention, prior to the application for a patent, except on proof of abandonment of such invention to the public, or that such purchase, sale, or public use, has been for more than two years prior to such application for a patent. By the third section of the act of 1842, patents are also granted for new and original designs:1. For a manufacture, whether of metal or other material. 2.'or the printing of woollen, silk, cotton, or other fabrics. 3. For busts, statues, or bas-reliefs, or composition in alto or basso relievo. 4. For any impression or ornament {whether complete in itself, or) to be placed on any article of manufacture in marble or other material. 5. For any new and original pattern, or print, or picture, to be either worked into or worked on, or printed or painted, or cast or otherwise fixed on, any article of manufacture. 6. For any new shape or configuration of any article of manufacture. All such designs not being previously known or used by others. T'o whom Putents may be granted.-Patents are granted to citizens of the United States; to aliens who shall have been resident in the United States one year next preceding, and shall have made oath of their intention to become citizens thereof; to one or more assignees of entire patent-rights; to administrators and executors, and to foreign inventors or discoverers: but the law makes no provision fo:r granting to the latter patents for new and original designs. In case of the decease of an inventor befoie lie has obtained a patent for his invention, " the right of applying for and obtaining such patent sliall devolve on the alimmisttrator or executor of such person, in trust for the heirs-at-law of the deceased, it he shall have died intestate; but if otherwise, then in trust for his devisees, in as full and-ample manner, and under the same conditions, limitations, and restrictions, as the same was held, or might have been claimed or enjoyed, by such person in his or her lifetime; and when application for a patent shall be made by such legal representatives, the oath or affirmation shall be so varied as to be applicable to them." Joint inventors are entitled to a joint patent, but neither can claim one separately. Applications for Patents.-In presenting an application for a patent, much disappointment and delay will be avoided by attending to the lbllowing directions:T 1. The petition should be made to the commissioner, praying that a * Of the propriety of making an application for a patent, the inventor or his agent must be tlhe sole judge. The patent-office is open; the records and msodels may be consulted tduring ofiice-hours; and the applicant can personally, or by attorney, satisfy himself of the e?.pedincy of filinghis pafTers. Further thaa the facilities thps. afforded, the ofi'ce can yidfd no lsaltvaij unltil tlie case is rgiflu'rly be'bre ii m mnfnbr pli~ritcld by Itr w.

PATENT LAWS AND REGULATIONS. 137 patent may be granted for the invention. 2. The specification should be filed, describing, as clearly and concisely as possible, the improvement made. 3. The oath or affirmation should be made to the originality of the invention. 4. Draw. ings, when the nature of the case admits of them, should accompany the application. 5. The nmodel or specimen, as the case may be, clearly representing the improvement, should be deposited. 6. The fee required by law should be paid, and in manner hereafter pointed out. All the papers and the fee in each application must be filed in the patent-office at the same time, whether they be delivered by the applicant or his agent. or forwarded by mail; and in those cases where the party or his agent is in W nshington, then the model must be delivered at the same time. If the party or his agent is not on the spot, the model can be forwarded at their convenience. Not until these requirements are faithfully and minutely fulfilled, according to the instructions hereafter gziven, can any case receive the action of the office. 1. The Petition.-The inventor, having made a useful invention or discovery, must make application in writing to the commissioner, signifying his desire of obtaining an exclusive property therein, and praying that a patent may be granted therefor. The usual form is annexed. The petition must be signed by the applicant. No. 120,-Form of Petition. To the Commissioner of Patents: The petition of JOHN FITCH, of Philadelphia, in the county of Philadelphia, and State of PennsylvaniaRESPECTFULLY RPRESENTS, That your petititoner has invented a new and improved mode of preventing sleam-boilers fronm bursting, which he verily believes has not been known or used prior to the invention thereof by your petitioner. He therefore prays that the letters-patent of the United States may be granted to him there for, vesting in him and his legal representatives the exclusive right to the same, upon the terms and conditions expressed in the act of Congress in that case made and provided; le having paid thirty dollars into the treasury, and complied with the other provisions of the same act. JOHN FITCH. 2. The Specffication.-He must then deliver a written description of his invention or discovery, and of the manner and process of making, constructing, using, and compounding the same, in such full, clear, and exact terms, avoiding unnecessary prolixity, as to enable any person skilled in the art or science to which it appertains, or with which it is most clearly connected, to make, construct, compound, and use the saime; and in case of any machine, he shall fully explain the principle, and the several modes in w4hich he has conteimplated the application of that principle or character by which it may be distinguished fiom oilier inventions; and shlill particularly specify and point out the part, improvement, or combination, which be claims as his own invention or discovery. It is important, in all cases, to have the specification describe the sections of the drawings, and refer by letters to the parts. The following is the form adopted by the office:No. 121.-Form of Specification. Tr ALL wVHOi IT MAY CONCERN: Be it known that I, JOHN FITCH, of Philadeljphia, in the county of Philadelplhia, and state of Pennsylvanifa, have invented a new and improved mode of preventin' steem-boile'rs fi om btrstin; - and I do hereby declare that the following is a full and exact description thereof -reference being had to the accompanying drawings and to the letters of reference marked thereon. The nature of my invention consists in providing the upper part of a steamboiler with an aperture in addition to that for the safety-valve; which aperture is to be closed by a plug or disk of alloy, which will fuse at any given deg'eo o,' 129

138 PATENT LAWS AND REGULATIONS. heat, and permit the steam to escape, should the safety-valve fail to perform its functions. To enable others skilled in the art to make and use my invention, I will proceed to describe its construction and operation: I construct my steam-boiler in any of the known forms, and apply thereto gauge-cocks, a safety-valve, and the other appendages of such boilers; but, in order to obviate the danger arising froml the adhesion of the safety-valve, and from other causes, I male a second opening in the top of the boiler, similar to that made for the safety-valve, as shown at A, in the accompanying drawing; and in tLis opening I insert a plug or disk of fusible alloy, securing it in its place by a metal ring and screws, or otherwise. This fusible metal 1, in general, compose of a mixture of a lead, tin, and bismuth, in such proportions as will insure its melting at a given temperature, which must be that to which it is intended to limit the steam; and will, of course, vary-with the pressure the boiler is intended to sustain. I surround the opening containing the fusible alloy by a tube B, intended to conduct off any steam which may be discharged theretiom. When the temperature of the steam, in such a boiler, rises to its assigned limit, the fusible alloy will melt, and allow the steam to escape freely, thereby securing it from all danger of explosion. What I claim as my invention, and desire to secure by letters-patent, is, the application to steam-boilers of a fusible alloy, which will melt at a given temperature, and allow the steam to escape. as herein described; using for that puipose the aforesaid metallic compound, or any other substantially the same, and which will produce the in.tended effect. JOHN FITCH. Witnesses, JOHN JONES. When the application is for a machine, the specification should commence thus:Be it known that I, JOHN FITCH, of Philadelphia, in the county of Philadel. phia, and state of Pennsylvania, have invented a new and useful machine for[statintg the use and the title of the machine; and if the application is for an improvement, it should read thus: a new and useful improvement on a, or on the, machine, &c.]; and I do hereby declare that the following is a full. clear, and exact description of the construction and operation of the same; reference being had to the annexed drawings, making a part of this specification, in which figure 1 is a perspective view, figure 2 a longitudinal elevation, figure 3 a transverse section, &c. [thus describing all the sections of the drawings, and then referring to the parts by letters. Then follows the description of the construction and operation of the machine, and ending with the claim, which should express the nature and character of the invention, and identify the part or parts claimed separately or in combination. If the specification is for an improvement, the original invention should be disclaimed, and the claim confined to the improvement. 3. The Oath or Affirmation.-"- Every inventor, before he can receive a patent, must make oath or affirmation that he does verily believe that he is the original and first inventor or discoverer of the art, machine, manufacture, composition, or improvement, for which he solicits a patent; and that he does not know or believe that-the same was ever before known or used; and also of what country he is a citizen." In every case the oath or affidavit must be made before a person having general powers to administer oaths. Justices of the peace have not, in all cases, this general power. The oath required from applicants for patents may be taken when the applicant is not, for the time being, residing in the United States, before any minister plenipotentiary, chargE d'affaires, consul, or commercial agent holding commission under the government of the United States, or before any notary public of the foreign country in which such applicant may be. If the applicant be an alien, and have resided one year in the United States next preceding the application, and have given legal notice of his intention to become a citizen of the United States, he must make oath to these facts before he can apply for a patent for the same fee as that paid by a citizen.

PATENT LAWS AND REGULATIONS. 139 No. 122. — orm of Oath. City and County of Philadelphia, State of Pennsy/van.ia, On this Jirst day of December, one thousand eight hundred and fifty, before the sub',scriher, a justice of the pelre, personally appeared the wiuliin-named JHN P lrcH, and made solemn oath [or aj.irlitioonl that he verily believes himself to be the original and first inventor of the mode herein described for preventting steam-boilersfrom burstirng; and that he does not know or believe the same was ever before known or used; and that he is a citizen of the United States. JOHN SMITH. A foreigner should make oath of what country he is a citizen, An alien-resident should make oath that he has resided in the United States one year next preceding' his application for letters-patent, and has made oath of his intention to become a citizen thereof. 4. i)ra,-rite's.-The law requires that "the applicant for a patent shall accompany his application with drawings and written references, when the nature of the case admits of drawings." These drawings should, in general, be in perspective, and neatly executed; and such parts as can not be shownjil perspective, must. if described, be represented in plans, sections, or details. Duplicates of them are required, as one must accompany the patent, and one must be kept on file in the office. But an examination, as to originality of invention, may be made on a single drawing. Duplicates are only required in case the patent, issues. They must be signed by the patentee, and attested by two witnesses, except when the specification describes the sections or figures, and refers to the parts by letters, in which case they are neither required to be signed nor accompanied by written references-the whole making one instrument. Drawings are absolutely necessary, when the case admits of them. They must be on separate sheets, distinct from the specification, and one at least must be made on stiff drawig paper.' 5. The MAdel or Specimen —Every application must be accompanied by a moide.l when the invention admits of one. It must be neatly and substantially made, of durable material, and if possible not over one cubic foot in contents. In case models are made of pine or other soft wood, they should be painted, stained, or varnished. The name of the inventor (and assignee, if assigned) must be printed or engraved upon, or fixed to it. in a durable manner. When the invention is of a "composition of matter," the law requires that the applicatio1 be accompanied with specimens cf the ingredients, and of the corn position (if matter, sufficient in quantity tbr the purpose of experiment. Models and specimens forwarded without a name can not be entered on record, and are therefore liable to be lost or mislaid. Models, if deposited with any of the following agents, will be forwarded to the patent-office, free of expense: The collector of the port of Portsmouth, New Halampshire; Portland, Maine; Burlington, Vermont; Providence, Rhlode Island; Boston, Massachusetts; Ha tford, Connecticut; New York; Philadelphia, Penn. sylvania; Baltimore, Maryland; Richmond, Virginia; Charleston, South Carolina; Savannah, Georgia; New Orleans, Louisiana; Detroit, Michigan; Buffalo, New York; and Cleveland, Ohio: the surveyor at St. Louis, Missouri; Pittsburgh, Pennsylvania; Cincinnati, Ohio; an)d Louisville, Kentucky. Agents must send models received by them by packet, when the same are forwarded at the expense of the office t * The patent-office does not make original drawings to accompany applications for patents. It firnisles copies of the samle only after the patent is completed. Draughtsmen in the city of Washington are always ready to make drawings at the expense of tihe patentees. t If applicants prefer to have their models translmitted by express instead of by packet, they must in all cases pay the expense of transportation. Neither models norl specimens must, under any circumstances, be sent by mail. The transmission of models by the agents extends to those for new applications as well as those restored in consequence of the de. Itrwetion of the originals. Models of ulpatented machines, specimens of compositions and

140 PATENT LAWS AND REGULATIONS. 6. Fees payable for a Patent.-The fee payable on an application for a patent by a citizen of the United States, or by a foreigner who has resided in the United States one year next preceding the application, and has made oath of his intention to become a citizen, is thirty dollarss: bya sulject of Great Britain, five hundtred dollars: by any other foreigner, three hundred dollars. In case of a total assignment, before the patent issues, of his invention, by a foreigner to a citizen of the United States, the same fee is required as if the patent issued to the inventor himself. Instructions in regard to the manner of paying these fees may be found hereafter. The above six pre-requsites having been complied with, the application is ready for examination. But the neglect of any one of hlem, or of the instructions relative thereto, will be sufficient to delay the action of the office until they have been satistfctorily fulfilled. If the foloowing questions can be answered affirmatively, before transmitting the papers, few applications will be returned for correction:1. Is the petition signed by the applicant, and addressed to the commissioner,of patents? 2. Is thie specification signed, and attested by two witnesses; and does it contain a specific claim? 3. Has tl-i inventor made oath of his citizenship, and in accordance with the instructions and folrms given above? 4. Are the drawiings described and referred to in the specification? If not, are they signed before two subscribing witnesses, and accompanied by written references? Are duplicates senlt? 5. Has the model (or specimen) been deposited, and is the name of the inventor and assignee, if the invention be assigned, durably affixed thereto? 6. Is the fee remitted, and in manner prescribed in instructions on fees? Results of an Exaini)ation.-If a patent is issued, it is transmitted to the inventor or his agent. If to the latter, he must have filed a full power of attorney, authorizing him to receive it. In case an assignment be made of the entire patent right, the patent will be sent to the assignee or his attorney. In cases of rejection, such references are nmade in the official communication as, in the opinion of the office, justify its decision. If the applicant is satisfied with the grounds of rejection, he nmay withdraw his application; if, on the contrary, he still deems himself entitled to a patent, lie can appeal from the decision of the commissioner, as prescribed by law. Wilhdravwal.-Wlhen eitler an American or foreign application is rejected, and the applicant relinquishes his claim, and desires to avail himself of the provisions of the seventh section of the act of 1836, and the twelfth section of the act of 1837, he must petition the commissioner of patents, stating the abandonment of his application, in wh-ich case two thirds of the original fee will be returned. The model and papers are retained by the office; and if the latter have been withdrawn for correction, or for any other purpose, they must be returned to their files before a withdrawal of two thirds of the fee can be allowed. No money is, however, refunded on the withdrawal of an application, after an appeal has been taken from the decision of the commissioner; nor any part of the fees received on filing caveats, or applications for additional improvements, or for re-issues, or for extensions, or for designis. In withdrawing an application, the following forms may be followed:To the Commissioner of Patents: Silt: I hereby withdraw my application for a patent for improvements in the cottonl-git, now in your office, and request that twenty dollars may be returned of fiabrics, aid other manufactures, or works of art, will be received and arranged in the National Repository of the patent-office. * As the law does not allow public moneys to be paid in bank-bills or by draft on banks, particular instructions should' be given, by the person withdrawing. as to the malnner in which the money shall be paid —that is, whetler-to his order at the patent-office, or remitted by mail. in gold, at his risk. MIoney in gold and silver only is receivable and payable at the patent-offico.

PATENT LAWS AND REGULATIONS. 141 to me agreeably to the provision of the act of Congress authorizing snch withdrawal. ELI WHITNEY. CABOTVILLE, Mass., July 16, 1850. Received of the treasurer of the United States, per THOMIAS EWBANK, commissioner of patents, twenty dollars, being the amount refunded on withdrawing my application for a patent for improvements in the cotton-gin. ELI WHITNEY. CABOTVILLE, Mass., July 16, 1850. Appeal.-When a patent is refused by the commissioner, the applicant can have remedy by an " appeal to the chief-justice of the district court of the United States for the District of Columbia," by giving notice thereof to the commissioner, and filing in the patent-office, within such time as the commissioner shall appoint, his reasons of appeal, specially set forth in writing, and also paying into the patent-office, to the credit of the patentfund, the sum of twenty-five dollars. Intererering Applications,-Whenever an application is presented for a patent which, in the opinion of the commissioner, would interfere with any other patent for which an application may be pending, or with any unexpired patent which shall have been granted, it shall be the duty of the commissioner to give notice thereof to such applicants, or patentees, as the case may be; and if either shall be dissatisfied with the decision of the commissioner on the question of priority of right or invention, on a hearing thereof he may appeal from such decision on like terms and conditions as are provided in the case of applications for inventions not new; and the like proceedings shall be had to determine which, or whether either, of the applicants is entitled to receive a patent as prayed for. Additional Inmprove7nents.-" Wbhenever the original patentee shall be desirous of adding the description and specification of any new improvement of the original invention or discovery, which shall have been invented or discovered by him subsequent to the date of his patent, he may, like proceedings being had in all respects as in the case of original applications, and on the payment of fifteen dollars, as hereinafter mentioned, have the same annexed to the original description and specification; and the commissioner shall certify on the margin of such annexed description and specification, the time of its being annexed and recorded; and the same shall thereafter have the same effect in law, to all intents and purposes, as though it had been embraced in the original description and specification." In all such cases, the claim in the original patent is subject to a re-examination: and if it shall appear that any part of the claim was not original at the time of granting the patent, a disclaimer of said part must be filed in the patent-office, or the specification of claims restricted, by having the patent re-issued before the improvement can be added. If the improvement can not be added, it mav. if patentable, be secured by a separate patent, on the payment of the fee of thirty dollars. If the patent was granted before the 15th of December, 1836, a model and drawings of the invention as first patented, verified by oath, must be furnished, unless dispensed with by the commissioner. No. 123.-Porm for Addition of new Improvements. To the Commissioner of Patents: fhe petition of JOHN DOE, of the county of Berkely, and State of VirginiaRESPECTFULLY REPRESENTS: That your petitioner did obtain letters-patent of the United States for an improvement in the boilers of steamn-engine%, which letters patent are dated on the first day of March, one thousand eight hundred and forty-five; that he has, since that date, made certain improvements on his said invention; and that he is desirous of adding the subjoined description of his said improvements to his original letters-patent, agreeably to the provisions of the act of Congress in that case made and provided; he having paid fifteen dollars into the treasury of the United States, and otherwise complied with the requirements of the said act. JOHN DOE.

142 PATENT LAWS AND REGULATIONS. Disclaimers.-The seventh section of the law of the 3d of March, 1837, provides " that whenever any patentee shall have, throuih inadvertence, accident, or mistake, made his specification of claim too broad, claiming more than that of which he was the original or first inventor, some material and substantial part of the thing patented being truly and justly his own, any such patentee, his administiators, executors, and assigns, whether of the whole or of a sectional interest therein, may make disclaimer of such parts of the thing patented as the disclaim ant shall not claim to hold by virtue of the patent or assignment, stating therein the extent of his interest in such patent; which disclaimer shall be in writing, attested by one or more witnesses, and recorded in the patent-office, on payment by the person disclaiming, in manner as other patent duties are required by law to be paid, of the sum of ten dollars. And such disclaimer shall thereafter be taken and considered as part of the original specification, to the extent of the interest which shall be possessed in the patent or right secured thereby, by the disclaimant, and by those claiming by or under him, subsequent to the record thereof. But no such disclaimer shall affect any action pending at the time of its being filed, except so far as it may relate to the question of unreasonable neglect or delay in filing the same." No. 124. — orm of Disclaimer. To the Commissioner of Patents: The petition of JOHN FITCH, of Philadelphia, in the county of Philadetphza, and State of PennsylvaniaRESPECTFULLY RtPRESENTS: That he has, by assignment, duly recorded in the patent office, become the owner of a right for the several states of Massachu. setLs, Connecticut, and Rhode Island, to certain improvements in the steamengine, for which letters-patent of the United States were granted to JOHN JONES, of Boston, in the state of Massachusetts, dated on the first day of March, one thousand eight hundred and forty-eight. That he has reason to believe that, through inadvertence and mistalke, the claim made in the specification of said letters-patent is too broad, including that of which the said patentee was not the first inventor. Your petitioner, therefore, hereby enters his disclaimer to that part of the claim in the aforesaid specification which is in the following words, to wit: "I also claim the particular manner in which the piston of the above-described engine is constructed, so as to insure the close fitting of the packing thereof to the cylinder, as set forth;" which disclaimer is to operate to the extent of the interest in said letters patent vested in your petitioner, who has paid ten dollars into the treasury of the United States, agreeably to the requirements of the act of Congress in that case made and provided. JOHN FITCH. Witness: JOHN PRINCE. WMhen the disclaimer is made by the original patentee, it must, of course, be so worded as to express that fact. Re-issues.-When an applicant wishes to cancel an old patent, and to correct a mistake or error which has arisen from inadvertence, he should state this fact in his application, and expressly surrender the old patent, which must be transmitted to the patent-office before a new patent will be issued. And no improvement or alteration made subsequently to the filing of the application upon which the original patent was granted, can be introduced into a patent upon re-issue. In a re-issue, the claim is subject to re-examination, and if it shall appear that any part was not original at the time of granting the patent, the re-issue will not be granted, unless said part be omitted, or a disclaimer filed in the patent-office. If nothing can be claimed, the re-issue can not be granted, nor the surrendered patent returned. In case of the death of an inventor, or of any assignment of the original patent made by him, a similar right vests in his executors, administrators, or assigns. On a surrender, several patents may be issued for distinct and separate parts of the invention, upon the payment of thirty dollars for each.

PATENT LAWS AND REGULATIONS. 143 No. 125. —rorm of Surrender of a Patent for Reissue. To the Commissioner of Patents: The petition of SAMIUEL MOREY, of Philadelphia, in the county of Philadelphia, and State of PennsylvaniaRESPECTFULLY REPRESENTS: That he did obtain letters-patent of the United States for an improvement in the boilers of steam-engines, which letters-patent are dated on thefirsst day of Mlcarch, one thousand eight hundred and forty-eight. That he now believes that the same is inoperative and invalid, by reason of a defective specification, which defect has arisen from inadvertence and mistake. He therefore prays thathe may be allowed to surrender, and he hereby does sur. render the same, and request that new letters-patent may issue to him for the same'invention, for the residue of the period for which the original patent was granted, under the amended specification herewith presented; he having paid fifteen dollars into the treasury of the United States, agreeably to the requirements of the act of Congress in that case made and provided. SAMUEL MOREY. Extensions.-The acts of 1836 and 1848 provide for the extension of a patent for seven years from the expiration of the fourteen years for which it was originally granted, upon certain conditions to be determined by the commissioner of patents. The questions which arise on each application for an extension are1. Is the invention novel? 2. Is it usefu? 3. Is it valuable and important to the public? 4. Has the inventor been adequately remunerated for his time and expenses in originating and perfecting it? 5. Has he used due diligence in introducing his invention into general use? The law now requiring that a notice of sixty days shall be given of each appli cation for extension, it will be necessary for the applicant to file his petition, and pay the requisite fee, at least three months before his patent expires. Designs.-In making an application to secure a design, the same course of pro. ceedings is required as in applying for a regular patent. The petition, specification, and oath, executed as prescribed below, must be filed, and the specimen and duplicate drawings deposited. In case of rejection, no part of the fee is refunded on designs. No. 126. —Form of Application for Patents for Designs. To the Commissioner of Patents: The petition of BENJAMIN WEST, of the city and county of Philadelphia, and State of PennsylvaniaRESPECTFULLY REPRESENTS: That your petitioner has invented or produced a new and original design for a composition in alto-relievo, which he verily believes has not been known prior to the production thereof by your petitioner. He therefore prays that letters-patent of the United States may be granted to him therefor, vesting in him and his legal representatives the exclusive right to the same, upon the terms and conditions expressed in the act of Congress in that case made and provided; he having paid fifteen dollars into the treasury, and complied with the other provisions of the said act. BENJAMIN WEST. No. 127.-Form of Specification. To ALL WHOM IT MAY CONCERN: Be it known that I, BENJAMIN WEST, of the city of Philadelphia, in the county of Philadelphia, and state of Pennsylvania, have invented or produced a new and original design for a comnposition in alto-relio, and I do hereby declare that the following is a full and exact deasrip

144 PATENT LAWS AND REGULATIONS. tion of the same. [Here follows a description of the design, with reference to the specimen or drawing; the specification to conclude with declaring what the inventor claims, in terms characteristic of the design, r-c.] BENJAMIN WEST. Witnesses: JOHN SMITH, JOHN JONES. No. 128. —orm of Oath. City and County of Philadelphia, State of Pennsylvania, On this first day of December, one thousand eight hundred and fifty, before the subscriber, ajustice of the peace, personally appeared the within-named BFNJAMIN V EST, and made solemn oath [or affie'ation, as the case mray be] that he verily believes himself to be the original and first inventor or producer of tile design for a composition in alto-relievo; and that he does not know or believe that the same was ever before known or used; and that he is a citizen of the United States. PETER SMITH. Foreign Patents.-A patent may be taken out by the inventor in a foreign country without affecting his right to a patent in the United States, provided tihe invention has not been introduced into public and common use in the United States prior to the application. In every such case the patent is limited to fourteen years from the date of the foreign letters-patent. The introducer, as such, of a new invention from a foreign country, is not entitled to letters-patent. If an alien neglects to put and continue on public sale the invention in the United States, on reasonable terms, for eighteen months, the patentee loses all benefit of the patent. Caveats.-The act of 1836 provides that any citizen of the United States, or alien who has declared his intention to become a citizen, who shall have invented any new art, machine, or improvement thereof, and desires further time to improve the same, may file in the patent-office a coveat, setting forth the design thereof, with its distinguishing characteristic, until he shall have matured his invention; and such caveat shall be filed in the confidential archives of the office. The patent can take date from the time of filing the specification, if the patent is issued within six months of the date of filing. The applicant is entitled to notice of interfering applications. A full description of the invention is required. Cav eat papers can not be withdrawn or altered after they have been filed, but addi tional papers relating to the invention can be added to them. No.- 129.-Form of Caveat. To the Commissioner of Patents: The petition of AMos WHITTEMORE, of the City and County of New York, and State of Nesc YorkRESPECTFULLY REPRESENTS: That he has made certain improvements in the machine for making i ool-cards, aud that he is now engaged in making experiments for the purpose of perfecting the same, preparatory to his applying for letters-patent therefor. He therefore prays that the subjoined description of his invention may be filed as a CAVEAT, in the confidential archives of the patentoffice, agreeably to the provisions of the act of Congress in that case made and provided; he having paid twenty dollars into the treasury of the United States, and otherwise complied with the requirements of the said act. AMOS WHITTEMORE. NEW YORK, July 16, 1850. Here should follow a description of the general principles of the invention, so fxa as it has been completed

TATENT LAWS AtN RIMULATIO N. i45 sus raion of Patents, and the Penalty for'ilalleg y Stampsirg A7 ticles.Ve taerm for which a regular patent is granted is fourteen -ears:;'but it may, indet certain circumstances, be extended for seven years. Patents for designs &re granted for seven years only. Stamping or affllixing the name of any patentee on any article without authority to to do, -or affixing the word patent, or letters-patent, or the stamp, mark, or device of any patentee, on any unpatented article, is forbidden under a penalty of taot less than one -hundred dollars. Patenitees or their assignees are required to affix the date of the patent on;each article vended or offered for sale, ander'a like penalty-thus affording to the public notice of the duration of the patent. When the article is of such a nature *at the name of the patentee can not be printed thereon, it should be affixed te the case or package containing it., Assignments.-An inventor can assign his entire right before a patent is obtained, so as to enable the assignee to take out a patent in'his own name; but the assignment -,must hbe first entered of record, and the application therefor munst,De duly.made, and the specification signed'and sworn to by the inventor. In the case of an assignment by a foreigner, the same fee will be required'as if the patent issued to the inventor. The assignment of a patent may be of the whole or of an undivided part, "'by Any instrument in writing." A1l assignments, and also the grant or conveyance of the use of the patent in any town, county, state,'or specified district, must be recorded in the patent-office within:three months from the date of the sameo Butassignments, if recorded after three months have expired, will be on'record as notice to protect against subsequent purchasers. Grants and assignments, recorded prior -to the 15th of December, 18aS, must be recorded anew before they *can be valid as evidence of any title. In all cases in which the entire invention has been assigned before the issue of the patent, the correspondence should hbe in the name of the assignee, he being the party in interest. (Theformas f assignment will be found on page'37.) The Fees: how payable.-All fees must be paid in specie, and in advance, except those required for drawings and copies, the expense of which will be'communicated on application for the same. Every applicant, on presenting his petition or application, must pay into the treasury of the'United States,,or into the patent-office, or to any of the assistants-'treasurers, treasurers of the mint and branch-mints, collectors and surveyors Of customs, and receivers of, public money, particularly named below, a deposite to the credit of the treasurer, as follows.-Tf a citizen of i the United States, as a patenst-fee...................... 30 00 If a foreigner who has'reEided in the United States one year next preceding the application for a patent, and shall have made oath of his intention to become a citizen.............................. 30 00:If a subject of the sovereign of Great Britain........................ 500 00 All.other foreigners.................................... 300 00 On entering a caveat................... 20 00 On entering an application for an appeal from the decision of the Commissioner-............. ~.................................... 25 00'On extending a patent beyond the fourteen years................. 40 00 For adding.to a patent the specification of a subsequent improvement-. 15 00 In case of re-issues, for every additional patent....................... 30 00 On surrender of an old patent, to be re-issued to correct a mistake of the patentee...................................................... 15 00 On application for a'design......................................... 15 00 For a disclaimer.................................................. 10 00 For copies of patents, or any other paper on file, for each 100 words-... 10 On all assignments, &c., which shall not contain over 300 words........ 1 00 On all assignments, &c., containing more than 300 and not more than 1,00 words.................................................. 2 00 On all assignments, &c., containing more than 1,000 words............. 8 00 13

146 PATE NT LASTS AND ttEGLATYONSo For copies of drawings, a reasonable sum, in proportion to the time 6enpiied in making the same. In case of deposite made with the assistant-treasurers, or other pesons anu thorized to receive public moneys, a durplicote receipt should be taken, stating by whom the payment was made, and for what object. The particular invetion should be referred to, to enable the applicant to recover back the twenty dollars, in case of the withdrawal of the petition. The certificate of deposit may be made in the following form:No. 130. — orm of Certificate of Deposite. Office of the Collector of Boston,? December 10, 1 8;5. i The treasurer of the United States has credit at this office for thirty dollars, ih specie, deposited by JOHN FiTCH, of the city of Philadelphia, in t'e county of Philadelphia, and state of Pennsyvania, the same being for a patent [or wohatl ever the object macay bei for a steam-Boiler. JOHN JONES. Officers who are authorized to receive Pateent-Fees on account of the Trertsury of the United States, and to give Receipts or Certificates of Deposite therefor.Assistant-treasurer of the United States at Boston,. New York, Charleston, S. C., and St. Louis, Mo.: treasurer of the mint, Philadelphia, and of the branch- mint, PNew Orleans, La.: surveyor and inspector, Pittsburgh, Pa.: Collector, Baltimore, Md.; Richmond, Va.; Norfolk, Va.; Buffalo Creek, N. Y.; Wimreington5 N. C.; Savannah, Ga.; Mobile, Ala.: suwveyor of the customs, Nashville, Tenn., and Cincinnati, Ohio: receiver of public moneys, Little Rock, Ark.; Jeffersonville, Ind.; Chicago, Ill.; Detroit, Mich. Any person wishing to pay a patent or other fee, may deposite it with either of the officers above named, and forward the receipt or certificate to the patentoffice, at Washington, as evidence thereof. Money sent by mail is at the risk of the person sending the same; and all money sent from the office, by mail, is at the risk of the person requesting to have it transmitted in that way. En no case should money be sent enclosed with models. GENERAL INFORMATION. THE following suggestions, gathered from the circular of the comrissioner of patents, ars Inserted for the benefit of those who may have business with the office:The patent-office can not act as counsellor for individuals, nor as an expounder of law except in reference to questions arising within the office; and the extent of ifformation that can be given in these cases is to forward a copy of patent-laws and the usual printed official circular. Applications are examined and patents issued in the order in which the proper documents are completed, except in cases in which the claims so nearly resemble those undergoing examination as to render an interference probable-in which case they will be taken up and examined with the cases then under examination. A decision deliberately made and affirmed by one commissioner, can not be disturbed by his successor. The only remedy is by appeal, in the manner prescribed by law. The personal attendance of an applicant at the patent-office is unnecessary: the business can be done by correspondence or by attorney. The examiners will decide questions of novelty and patentability upon papers imperfectly prepared, if sufficiently perspicuous to be under stood, lwhen such papers are prepared by the inventor himself. But if an agent be employed, it is presumed that he is qualified fur the business he has undertaken without calling on the office for instructions. No double correspondence can be sanctioned: when an inventor employs an agent, the office will correspond with either, but nt with both. All communications relating to official business should be addressed to the commissioner of patents-no other canl receive attention. Correspondence with the examiners or other subordinates relating to patents is strictly prohibited. " REquEsT.-Congress having authorized the collection and distribution of seeds through the patent-office, a transmission to Washington of any rare and useful seeds may confer a great benefit on the community, and will, so far as.is practicable, be reciprocated by the commissioner. A history of the seed transmitted, together with the place of its production, { respectfully solicited,"

PUTBLIC LANDS-PItE-^EMlPTtON. 147 PUBLIC LANDS-PRE-EMPTION. THE right of pre-emption to the public lands of the United States is granted And defined by the act of Congress of September 4, 1841, and the amendatory oF supplementary act of March 3, 1843. The regulations which we here present have been compiled from instructions issued from the general land-office to the registers and receivers, and will be found to contain all the information requisite to enable pre-emptors to avail themselves of the privileges of the acts. The individual claiming the benefits of the act of 1841, as amended by the act of 1843, must bet. Either a citizen of the United States, or have filed his declaration of intention to become a citizen, at the time of the settlement on which his claim is based. 2. Either the head of a family, or a widow, or a single man over the age of twenty-one years. 3. An inhabitant of the tract sought to be entered, upon which in person he has made a settlement and erected a dwelling-house, and otherwise improved said tract since the 1st of June, 1840, and prior to the time when the land is applied for; which land must, at the date of the settlement, have had the Indian title extinguished, and been surveyed by the United States. By the ninth section of the act of the 3d of March, 1843, the entry of a claim under the act of the 4th of September, 1841, may be made, although it may be for land not surveyed at the time of the settlement, where such settlement was made prior to the 4th of September, 1841, and after the extinguishment of the Indian title. A person failing in any one of these requisites can have no claim by virtue of this act. A person bringing.himself within each of the above requirements by proof satisfactory to the register and receiver of the land-district in which the lands may lie, taken pursuant to the rules hereinafter prescribed, will, after having taken the affidavit required by the act, be entitled to enter, by legal subdivisions, any number of acres not exceeding one hundred and sixty, or a quarter-section, to include his residence, and he may avail himself of the same at any time prior to the day of the commencement of the public sale, including said tract where the land has not yet been proclaimed. Where the land was subject to private entry at the date of the law, and a settlement shall thereafter be made upon such land, or where the land shall have become, or shall hereafter become, subject to private entry, and after that period a settlement shall be made, which the settleris desirous of securing under this act, such notice of his intention must be given within thirty days after the date of such settlement. Such notice, in all cases, must be a written one, describing the land settled upon, and declaring the intention of such person to claim the same under the provisions of this act. (See forms 131 and 132.) The proof, affidavit, and payment, must be made within twelve months after the date of such settlement. Where the land has not been offered at public sale, and thus rendered subject to private entry, a similar "notice in writing" must be filed within three months after settlement (or sooner, if the land is proclaimed for sale); and the proof, payment, and affidavit of the claimant, must be made before the day fixed for the commencement of the public sale which shall include the tract claimed. (See form 133.) A person who has filed, or shall hereafter file, according to law, a declaratory statement for a tract of land subject to private entry, may enter the same after the twelve months from the time of his settlement shall have expired, without

148 PUBLIC LANDS-PRER-EMPTiOCNa filing any proof of his right as a pre-emptor, provided he is the first applicant, after that time, for the entry of the same at private sale. The tracts liable to entry under these acts are some one of the following desig. nations: 1. A regular quarter-section, notwithstanding its quantity, may be a few acres nore or less than one hundred and sixty; or a quarter-section, which, though fractional in quantity by the passage of a navigable stream through the same, is still bounded by regular sectional and quarter-sectional lines. 2. A fractional section, containing not over one hundred and sixty acres, or any tract being a detached or anomalous survey, made pursuant to law, and not exceeding said quantity. 3. Two adjoining half quarter-sections of the regular quarters mentioned in the first designation; or, two adjoining eighty-acre subdivisions of the irregular quarters found on the north and west sides of townships, where more than two such subdivisions exist, or the excess may tender them necessary, provided in the latter case the aggregate quantity does not exceed one hundred and sixty acres. 4. Two half-quarter or eighty-acre subdivisions of a fractional or broken section, adjoining each other, the aggregate quantity not exceeding one hundred and sixty acres. 5. A regular half-quarter and an adjoining fractional section, or an adjoining half-quarter subdivision of a fractional section, the aggregate quantity not exceeding one hundred and sixty acres. 6. If the pre-emptor should not wish to enter the quantity of one hundred and sixty acres, he may enter a single half-quarter section, or an eighty-acre subdivision of a fractional section. 7. One or more adjoining forty-acre lots may be enteredi the aggregate not exceeding one hundred and sixty acres. 8. A regular half-quarter, a half-quarter subdivision, or a fractional section, may each be taken with one or more forty-acre subdivisions lying adjoining, the aggre. gate not exceeding one hundred and sixty acres. Forty-acre tracts or quarter-quarter sections, are subject to entry, selection, or location, precisely in the same manner that eighty-acre tracts, or half-quarter sections, have heretofore been. Only one person on a quarter-section is protected by this law, and that is the one who made the first settlement, provided he shall have conformed to the other provisions of the law. A person who has once availed himself of the provisions of this act, can not at any future period, or at any other land-office, acquire another right under it. No person who is the proprietor of three hundred and twenty acres of land in any state or territory of the United States, is entitled to the benefits of this act. No person who shall quit or abandon his residence on his own land, to reside on the public land in the same state or territory, is entitled to the benefits of this act; and satisfactory proof must be furnished that he has not done so. Land is not properly, legally surveyed, until the surveys made by the deputies are approved by the surveyor-general; but in accordance with the spirit and intent of the law, and for the purpose of bringing the settler within its provisions, the land is to be construed as surveyed when the requisite lines are run on the field, and the corners established by the deputy-surveyor. No assignments or transfers of pre-emption rights can be recognised. The patents must issue to the claimants, in whose names alone all entries must be made. Sundry Descriptions of Land which are exempted from the Operations of this Act.-1. Lands included in any reservation by any treaty, law, or proclamation, of tle president of the United States, and lands reserved for salines or for other purposes. 2. Lands reserved for the support of schools. 3. Lands acquired by either of the last two treaties with the Miami tribe of Indians in the state of Indiana, or which may be acquired of the Wyandot tribe of Indians in the state of Ohio, or other Indian reservation to which the title has

PUBLIC LANDS-PRE-EMPTION. 149 been or may be extinguished by the United States at any time during the operation of these acts. 4. Sections of land reserved to the United States, alternate to other sections granted to any of the states for the construction of any canal, railroad, or other public improvement. 5. Sections or fractions of sections included within the limits of any incorporated town. 6. Every portion of the public lands which has been selected as a site for a city or town. 7. Every parc or lot of land actually settled and occupied for the purposes of trade, and not agriculture. 8. All lands on which are situated any known salines or mines. Persons claiming the benefits of this act, are required to file duplicate affidavits such as the law requires, and to furnish, proof by one or more disinterested witnesses of the facts necessary to establish the three requisites pointed out in the commencement of these instructions, and that referred to in a succeeding place, in relation to the claimant not having quit or abandoned his residence on his own land. The witnesses are to be first duly sworn or affirmed to speak the truth and the whole truth, touching the subject of inquiry, by some officercompetent to administer oaths and affirmations; and, if not too inconvenient by reason of distance of residence from the land-office of the district, or other good cause, must be examined by the register or receiver, and the testimony reduced to writing in their presence, and signed by each witness, and certified by the officer administering the oath or affirmation, who must also join in certifying as to the respectability and credit of each witness. In case adverse claims shall be made to the same tract, each claimant will be notified of the time and place of taking testimony, and allowed the privilege of cross-examining the opposite witnesses, and of producing counter-proof, which will also be subject to cross-examination. When, by reason of distance, sickness, or infirmity, the witnesses can not come before the register or receiver, these officers are authorized to receive their depositions, which must be, in all other respects, conformable to the within regulations.. The proof furnished to the register or receiver, in all cases, should consist of a simple detail of facts merely, and not of statements in broad or general terms, involving conclusions of law. It is the exclusive province of the register or receiver to determine the legal conclusions arising from the facts. For instance, a witness will not be permitted to state that a claimant is the " head of a family," &c., following the words of the law, but must set forth the facts on which he grounds such allegations; because such a mode of testifying substitutes the judgmept of the witness for that of the register or receiver, and allows him not only to determine the facts, but the law. A witness may possibly conscientiously testify that a minor son, living with a widowed mother, was the head of the family; and, in another case, similar in point of fact, another witness, equally conscientious, might testify that the widowed mother was the head of the family. There can not be a uniform construction given to the law, if it is carelessly left to the opinion of every witness. Registers and receivers have therefore been instructed not to receive as testimony or proof a general statement, which embodies, in general terms, the conclusions of law, without stating the facts specifically. The witnesses must state, if the pre-emptor be the "head of a family," the facts which constitute him such; whether a husband having a wife and children, or a widower, or an unmarried person iunder twenty-one years of age, having a family, either of relatives or others depending upon him, or hired persons, or slaves. All the facts respecting the settlement in person, inhabitancy or personal residence, the time of commencement, the manner and extent, of continuance, as well as those showing the apparent objects, should be stated. It must be stated that the claimant made the settlement on the land in person; that he has erected a dwelling upon the land; that the claimant lived in it, and 13'

150 PUBLIC LANDS-PRE-EMPTIONa made it his home, &c. By this means, the register or receiver will be entabed to determine whether or not the requisites of the law have been complied with in any given case. The only affidavit required of the claimant is that prescribed by the thirteenth section of the act of 1841. (See form 134.) This affidavit must be taken'before the register or receiver of the land-district in which the land is situated," before an entry is permitted, and must be of the same date with the certificate of entry. An affidavit before any other person will not justify the entry of the land. Duplicates thereof must be signed by the claimant.' A claimant is bound to prove his right to, and enter, all the land embraced by his declaratory statement, if liable to the operations of the act. No transfer or assignment of his claims can be made by a claimant under the law of 1841. The law declares such "null and void." The proof filed by every claimant must show the timet of the commencement of the settlement. The second section of the act of March 3, 1843, provides for the rights of parties who shall have died before consummating their claims, by the filing, in due time, of all the papers essential to establish the same. If proof of such right shall be filed, and payment therefor be made by the executor, administrator, or one of the heirs, during the period prescribed by the law upon which the claim is founded, the entry may be made in the name of " the heirs" of the deceased claimant. A patent on such an entry will cause the title to inure to said heirs, as if their names had been specially mentioned. In cases of this kind, the affidavit required of the pre-emptor will be taken by the person so filing the proof; and should such person be one of the heirs, he or she should be of age and mind competent to appreciate the nature and obligation of an oath. (See form 135.) The'fourth section of the act of 1843 declares it unlawful for an individual, who has once filed a declaration for one tract of land, to file at any future time a sec ond declaration for another tract. This has reference to those required, under the fifteenth section of the act of 1841, for land subject at the time of settlemern to entry at private sale. The fifth section requires that similar notices or declarations in writing should be filed by settlers, under the act of the 4th of September, 1841, on land not subject to private entry. These declarations are to be filed in the office of the register or receiver by every such settler within three months after his settlement. By the sixth section, a claimant is authorized hereafter to file a declaration, under the law of the 4th of September, 1841, or to make an entry of a claim under it, although the time prescribed by the law, for the filing of such declaration, or the making of such entry, shall have expired, provided the claimant was prevented, by vacancy in either the receiver's or register's office, from performing said act or acts within such time, and shall perform the duties required by the law within the same period after the disability is removed, as he would have had if such vacancy had not occurred. The only things required of a purchaser of public lands are, that he shall make an application in writing to the register for the tract desired to be entered, and pay to the receiver the purchase-money. He will find a blank application at any of the land-offices where such purchase may be desired to be made. * The law provides that " if any person shall swear falsely in the premises, lie or she shall be subject to all the pains and penalties of perjury, and shall forfeit the money which he or she may have paid for said land, and all right and title to the same; and any grant or conveyance which he or she may have made, except in the hands of bona-Jide purchasers, for a valuable consideration, shall be null and void." t This date is all important for the purpose of determining in all cases whether the settle. ment was made within the proper time, and whether the declaratory statement was file in due season, and the entry made within the legal period after the settlement

TBeLIC LANDS —PRE-EMPTION, 151 No. 131.-Form for Cases where the Land claimed was subject to Private Entry prior to September 4, 1841. I, JosN DOE, of the town of Peoria, in the county of Peoria, and state of Ilti. ziois, being [the head of a fimily, or widow1, or sing, e man over th1e agte of twenty. one.;,ears, ns the case rsn7y -be, and aC citizen. of-the United S'Sl/es, or lhevin2agfied mIy declara/io, to becomne a citizen as requiried by the'nntiraliz:-tion laws', as the case may be], have, since the first day of Jie7e, one thousand eight hundred and forty, tos wit: -on the fifteenth day of' Joanuary, one thousand eight Jbund.redl and Jtffy, settled and improved the nartheaCst quarter of sect. number tw'o, in township nnmber four northl of range number eight east, in the district of lands subject to sale at the land-office at Chicago, and containing one.hundred and sirty acres, which land was subject to private entry at t.he passage of the act of the fourth of September, one thousand eight hundred and forty-one; and I do hereby declare 2py intention to claim the said tract of land as a pre-emption rilght under the pro. visions of said act of the fourth of September, one thousand eight hundred and forty-one. Given under my hand, this twentieth day -of Jauary, one thousand eight hunded and,fi/y. JOHN DOE. Signed in presence of JoHN SMITH. So. 132. — or Cases Wher e he Land claimed shall have been rendered subject to Pri~vate Entry since September 4, 1841. I, JOHN DOE, of the town of Galenai in the.county of Jo Daviess, and state of.llinois, being [the head of a family, or widow, or single man over' the age ef twenty-one yeans, as the case -7nay be, and a citizen af the'United States, or haoo ing jiled my declaration to become a citizen as required by the naturalization' lavs, as the case may be], have, since the irs't day of June, one thousand eight bundred and fifty, settled the soz-etleast quarter of sectio number thee, in township number jvee north, of range four east, in the district of lands subject to sale at the land office of Chicago, and containing one.hu ndred and sixty acres, which land has been rendered subject to private entry since tihe passage of the act of the fourth of September, one thousand eight hundred and forty-one, but prior to nmy settlement thereon; and I do hereby declare my intention to claim'the said tract of land as a pre-emption right, under the provisions of.said act of the fourth of September, one thousand eight hundred and forty-one. Given under my hand, this first day of July, one thousand eight hundred and ity. - JOHN DOE. -fSigned in presence of JOHN SITHx..o. 133. —Declaratory Statement for Cases where the Land is not subject to Private Entry. I, JOHN DOE, of the city of Detroit, in the county of Wlayne, and state of Michigan,'being, &c. [as in Nos. 131 and 132], have, on tlhefirst day of October, one thousand eight hundved and jifty, settled and improved:lhe?ortbheast quarter f stn nu er, to h nu er t nth of section number, i t hip numange number six east, in the district of lands eubject to sale at the land-office at Detroit, and containing one hundred and sixty acres, which land'has not yet been offered at public sale, and thus rendered subject to private entry; and I do hereby declare ~yiant ention to claim ha saied tract of la.d as a pre-empion right, under t

I52se PWUT LANDS-PRE-ZMPTIOWa provisons; ofsaid act of the fourth of September, one thousandc eight huan c a forty-one. Given, under my hand, this tenth day of October, one thousand eight hundredand ffty. JOHN DOE. Signed in presence of JoHN SMITH. No. 134.-Affidavit required of Pre-emption Claim, ant. I, JOi-s DOE, claiming the right of pre-emption under the provisions of the act of Congress; entitled "An act to appropriate the proceeds of the sale of the public lands, and to grant pre-emption rights," approved September 4, 1841, to the. northwest quarter of section. number two, of township number six north, of range number two west, subject to sale at Chicago, do solemnly swear [or affirm' ass the case may be],. that I have never had the benefit of any right of pre-emption nnder this act; that 1 amnot the owner of three hundred and twenty acres of land in any state or territory of the United States, nor have I settled' upon and improved said land to sell the same on speculation, but in good" faith to appropri: ate' it to my own exclusive use and benefit; and that I have not,, directly or indi. rectly, made any agreement or contract, in any way or manner,. with any person; or persons whatsoever, by which the title which I may acquire from the governs ment of the United States should enure, in whole or in part,.to the benefit of any person except myselt- JOHN DOE. 1, JOHRN SMITH, register [or JOHN JONES, receiver], of the land-office at Ch'eago, dohereby certify that the above affidavit was taken and subscribed before' me,.thisifirst day of November. one thousand eight hundred and fifty. JOH N SMITH, Begister. Or, JOHN JONES, Receiver. No. 135 —Form of Affidavit to be filed in Cases, under the Act of the 4th of September, 1841, where the Settler shall ]have died before proving up and' entering his Claim. 1 JOHN DOE [exec7ttor of the estate of RICHARD ROE, or administrator of ths estate of RICHARD ROE, or one of the heirs of RICHARD ROE, aged forty years. as the case may be], do. solemnly swear [or affirm., as the case may be]i, that, to the best of my knowledge and belief, the said RICHARD ROE, who was a settler on the north half of the northeast quarter of section number seven, of township. number three north, of range number one east,. subject to sale at Chicago, has never had the benefit of any right of pre-emption, under the act entitled "An' act to appropriate the proceeds of the saTes of the public lands, and to grant preemption frights," approved September 4, 1841; that he was not, at the time of his death,. the owner of three hundred and twenty acres of land in; any state or terri, tory of the United States;. that he did not settle upon and improve the above tract of land on speculation, but in. good, faith to appropriate it to his own exclu sive use and benefit; and that he has not, directly or indirectly,, made any agree. ment or contract, in any way or manner, with any person or persons whatsoever.by which. the title which he might have acquired from the government of the United States should enure, in whole or in part, to the benefit of any person except himself. JOHN DOE, Executor, [Or administrator, or one of the heirs of RICHARD, Roz, as the case may be]g I, JOHN SMITH, register [or JOHN JONES, receiover] of the land-office at ChP eago, do hereby certify that the above affidavit was taken and subscribed before meth,ft/ day of Rece be, one thousaxnd eight hundred and fifty. JOHN SMITH, Registex if 2LO-BS.?N11.,Q-tst

MILITARY 1BOUNTY LANDS. S MILITARY BOUNTY LAND-BILL. O the 2Sth September. 1850, Congress passed an act granting bounty land to certain offi, ears and soldiers who have been engaged in the military service of the United States, of to their widows or minor children. To enable the numerous class who are effected by the privileges of the law, to avail themselves of its benefits, we insert the law entire, Be it enacted by the Senate and Hlouse of Representatives of the United States of America io Congress asaembled, That each of the surviving, or the widow or minor children of deceased commissioned and non-corimissioned officers) musicians, or privates, whether of regulars, volunteers, rangers; or militia, who petrformed military service in any regiment, company, or detachment, m the service of the United States, in the war with Great Britain, declarea bythe United States on the eighteenth day of June, eighteen hundred and twelve, or in any of the Indian wars since seventeen hundred and ninety and each of the commissioned officers who was engaged in the military service of the United States in the late war with Mexico, shall be entitled to lands as follows: Those Who engaged to serve twelve months, Or during the war, and actually served nine months, shall receive one hundred and sixty acres; and those who engaged to serve six months, and actually served four months, shall receive eighty acres and those Who engaged to serve for any, or an indefinite period) and actually served one month, shall receive forty acres: Provided, That whenever any officer or soldier was honorably discharged in consequence of disability in the service before the expiration of his period of service, he shall receive the amount to which he would have been entitled if he had served the full period for which he had engaged to serve: Provided, The person so having been in service shall not receive said lands, or any part thereof, if it shall appear by the muster-rolls of his regiment or corps that he deserted, or was dishonorably discharged from service, or if he has received or is entitled to any milltary land bounty under any act of Congress heretofore passed. SECT. 2. And be it further eacted, That the period during which any officer or soldier may have remained in captivity with the enemy shall be estimated and added to the perliod of his actual service, and the person so detained in captivity shall receive land under the provisions of this act in the same manner that he would be entitled in case he had entered the service for the whole term made up by the addition of the time of his captivity, and had served during such term. SECT. 3. And be itfurther enacted, That each commissioned and non-commissioned officer, musician, and private, for whom provision is made by the first section hereof, shall receive a certificate or warrant fiom the department of the interior for the quantity of land to which he may be entitled, and which may be located by the warrantee, or his heirs-at-law, at any land-office of the United States, in one body, and in conformity to the legal subdivis' ions of the public lands, upon any of the public lands in such district then subject to pri. vate entry; and upon the return of such certificate or warrant, with evidence of the location thereof having been legally made, to the general land-office, a patent shall be issued therefor. In the event of the death of any commissioned or non-commissioned officer, musician, or private, prior or subsequent to the passage of this act, who shall have served as afore. said, and who shall not have received bounty land for said services, a like certificate or warrant shall be issued in favor and enure to the benefit of his widow, who shall receive one hundred and sixty acres of land, in case her husband was killed in battle but not to her heirs: Provided, She is unmarried at the date of her application: Provided further, That no land warrant issued under the provisions of this act shall be laid upon any land of the United States to which there shall be a pre-emption right, or upon which there shall be an actual settlement and cultivation, except with the consent of such settler, to be satisfactorily proven to the proper land-officer. SECT. 4. And be itfurther enacted, That all sales, mortgages, letters of attorney, or other instruments of writing going to affect the title or claim to any warrant or certificate issued, or to be issued, or any land granted, or to be granted, under the provisions of this act, made or executed prior to the issue, shall be null and void to all intents and purposes whatsoever; nor shall such certificate or warrant, or the land obtained thereby. be in any wise affected by, or charged with, or subject to, the payment of any debt or claim incurred by such officer or soldier prior to the issuing of the patent: Provided, That the benefits of this act shall not accrue to any person who is a member of the present Congress: Provided further? That it shall be the duty of the commissioner of the general land-office, under such regulations as may be prescribed by the secretary of the interior, to cause to be located, free of expense, any warrant which the holder may transmit to the general land-office for that purpose, in such state and land-district as the said holder or warrantee may design nate, and upon good farming land, so far as the same can be ascertained from the maps, plats, and field-notes of the surveyor, or from any other information in the possession of the local office; and upon the location being made, as aforesaid, the secretary shall cause a patent to be transmitted to such warrantee: And provided further, That no patent issued under this act shall be delivered upon any power of attorney or agreement dated before the pas. sage of this act; and that all such powers of attorney or agreements be considered and treatd ed as null and void.

164 MPICIALt 4AWS O tlOtIlSlANA AND TENNESStg, Louisiana Homestead and other Exemptions~ IN addition to the property now exempt from sale under execution, there shall be exempit from sale on execation, for debts hereafter contracted, the lot and building thereon, oceUw Died as a residdhce, uilid hona tide owned.by tie debtor ihaVin a family, W tle value of one thousand dollars. But no de)bor siatill be entitled to this exemption whose wife shall ownia her own right and be in the actual enjoyment of property worth more than $1,000. ~ 2. To entitle any property to the exemption provided for in the preceding section, afull tind accurate description thereorf shall fbe recorded iti the office of the recorder of m'orfgaies of the parish in which aaid property is situated, in the "Homestead-Exemption Book," hut no property sha.ll, by virtue of this act, he exempt from sale for non-payment of taxes or UBaisssmients levied pi-rsuant to law, or for deblt contracted for the purchase-money thereof, or prior to tbi redordingo of the decgriptiot of said property as aforesaid. 3. In addition to the homestead hereinbefore exempted from sale under execution, thero thall be exempt by law, from seizure for rent and sale on execution, such household effects hs may be necessary for housekeepini, owned by any person being a housekeeper, or ha.v in a faiunily for which lie or she provides, to the amount of two hundred and fifty dollars Provided that such exemption shall not extend to execution issued on ia demand for theli purcliase-money or anty Of the effects or thing's in this section specified and contained. ~ 4. In addilion to the property and effects hereinbefore exempted from seizure, for rent and for sale under execution, there shall also be exempt by law, from seizure for rent and tale on execution, the books of the family library, e f family portraits and pictures, the working toolS and instruments of any mechanical trade, and the books, instruments.'and apparatus of any lawful profession. which may be necessary for the exercise of such trade, or the practice of such profession, aid by which any person gains a living for himself arid family: Provided that suchl exemption shall notextend to any execution issued on a demand for the purchase-money of any of the articles or things in tilis section mentioned. ~ 5. In addition to the property and effects hereinbefore exempted from sale utinder exe6 cution, and from seizure for rent. there shall also be exempted by law, from seizure or attachment, or friom being garriisheed. the wages of labor, and th6L compensation for profes. lional and other serviceS, Which shall have been earned and due within at least thirty-oeie days preceding the issuing of any seizure, attachment, or garnishment, against a debtor. to any amount stifflciert for the necessary support of any person having a family for which hlie or she p'ovides: Provided. that such wages or compensation may in all cases te seized, attached, or garnisheed, for alimony furnished to the debtot' or his family, and also for rent of the pireiises occupied by themn at the time.`Vhenevkr the Widow'or minor children of a deceased person shall be left in necessitoas eircum'8ances. and niot possessed in their own rig'ht of property to the amount of one thousand dollars, the widow or the legal representative of the children shall be entitled to (lde ntlnd acnd receive from the succession of their deceased father or husband a sum which, added to the amount of property owned by them, or either of them, in their own riglht, will make up the sum of one thousand dollars; and which said amount shall be paid in preference to all other debes, except those for thle vendor's privilege, and expenses incurred in sellinig the property. The surviving- widow shall have and enjoy the usufruct of the money so received front her deceased husband's succession, during her widowhood5 afterward to real in and belong to the children or other descendants of said deceased. Tennessee Homestead Exemption. THFz homestead of every housekeeper or head of a family. residing in this state, to the Value of five hundred dollais, consisting of a dweliing-house and out-buildings. and land ap. purtenant, occupied by such peison as a homestead, shall be exempt from the debts of every such housekeeper, or head of a family, and from attachment and execution, in all cases Mhtere the contract shall be made or cause of action shall accrue after the first of January, 185, except as hereinafter provided. Before any person shall be entitled to the benefits of this act, he or she shall first declare his or her intention of claiming tile homestead, by having a declaration or notice of such intention siened. sealed, and witnessed, and duly registered in the register's office in the coutily in which such homestead may be situated and the right to the protection against execution being levied on such homestead, shall be only from and after date of such registration; When the real estate is levied upon, the homestead, occupied as such by the head of the family, shall be set apart out of the real estate levied upon, by three disinterested freehold. ers, and thi remainder may be sold. If the homestead can not be divided, the whole may be sold. and five hundred dollars of the proceeds must be paid to the clerk of the court rendering the judgment, to be used only for the purchase of another homestead; the surplhu from the sale to be applied to the payment of the execution. The widow of a housekeeper, and also in case of a divorce resulting firom his misconduct. is entitled to the benefits of this exemption during her widowhood. The same applies to children during their minority, The bomestead can not be aliened or mortgaged except by the joint deed of husband and wife, if he be a married man, executed in the usual manner of conveyances, except for paymenet of the purchase-money agreed to be given therefor. The homestead is subject to sale for all state. county, or corporation taxes, legally assessed thereon. To be entitled to the' benefit of this exemption, the person must permanently reside on the premises. The person to whom the homestead is ser apart, must, within one year after the delivery of the certified description of the real estate set apart by the freeholders, have the same registered in the register's office of the county wherein such land may be, to obtain a valid title thereto.

~SC'IAML LAWS O0 NE'W HAMPS1IRE. l Iomestead-Exemption Law. Itr —oc r.ad i;fter the first davyof January, A. D., 1852, tile fAmily homestend of the-head do,ealr, family lhall be.exen pt from-attachlIen't and levy or sale on execution on any judg' mwent rendered on any cause of action accruina after the taking effect of this act: provided. uch'homestead -shall not exceed in value five hundred dollars.'Suct homesteatd shall n3ot be assets in the hanids of an administrator for tire payment of debts, rfor subject to,the laws of distribution or devise, so lonsez as the widow or minor children, 01 any or'either'of Them, she.ll'occupy the same; ialud no release or waiver of suchi exemption shall'be valid unless iade by deed executed by the husba.nd and wife, with all tle formalities required by law for the conveyance of real estate; or if the wife be dead, tind there be ininor children, hy sucth deed executed by the hiusband, wife the consent iF' the judge of probate for the county in which tht e land is, indorsed on said deed. Such exemption sliall extend to any'hterest-whicht'thledebtor ymay cwn in such home..stead, and to any interest in any building occupied by him as a homestead, standing on land',lot owned by hito ro an amount not exceeding five tiundred dollars. The sheriff executing any wcrit of execution, foanded on any judgment such as is menw -tioned above,,on application of the debtor or his wife, if such debtor shall have a family, and if the lands and tenements about to be levied onl, or any part thereof, shall be'the homeLsteadf or estate thereof, shall cause a homestead such as the debtor may select, not exceeding five hundred dollars in value, to be set off to the delbtor in" the manner'following, to wit::ie shall causethkree appraisers to-be appointed, one by the creditor, one by the debtor, and one by hiimself; who shall be discreet and disinterested men, residents in-the county, and':shall be sworn by a justice of the peace impartially to appraise and-set off by metes and'bounds a homestead of the estate of the debtor, such as he may select, not exceeding five'hundred dollars in vi'vte; and the set.off and assignment so mlade a ao aresaid by tile ap-!praisers shall be returned by the shoerti, along ith the writ, for record in court; and if no cornplaint shall be nmade by-either party, ino further proceedings shall be had against the th(mestead: but tlie remainder of the debtor's land and tenements, if any more hie shall thave, shall be liable'to levy or sale on execution in the same manner as heretofore provided;by law; provided that upon good cause shown,'the court out of which the writ issued may order a re-appraisement and re-assignment of tle homestead, either by the sume appraisers,or others appointed by the court, anid under such instructions as the court may give; -and sucih appraisettent shall be imade and returned to said court as aforesaid.'When ttie homestead-of ainy headof a famnily, being a debtor -in -execution, shall consist,of a house, or a house and lot of land, which in the opinion of the appraisers can not be divided without injury.and inconvenience, they shall imake and sign an appraisal of the wvhole value thereof, and deliver the sati:e to the officer having the execution, who shall'-deliver- acopy thereof to the.execution-debtor, or some membteri of his fanmily of sufficieng age to understand the nature thereof, with a iiotice thereof attached, that unltess the execuw nion-debtor shati.pay to said officer the surplus over and above -tle five hundred dollars, within sixty days thereafter, said premises will be sold;and in case such surplus shall not be paid within the said sixty days it shall be lawlul for the officer to advertise and sell the.same at. auction, by posting up notiaes of the time and place of-sale, with a description of the premises, in two or more of the most public places in the town where the same is situate, amid a like notice in the next adjoining town, thirty days prior to -thesale; and,out of lthe proceeds of such sale to pay the said exec-ution-debtor, with the writteniconsent of his vife, the sum of five lhundred dollar.; provided, however, if the wife of such debtor shall not consent to such payment, the sheriff or officer having such proceeds shall deposite said,eum of five hundred dollars in, some savings institution inl this state, to the credit of said. *debtor and wife; and the same may be withdrawn therefrom only by the joint orderof the liusband and wife, or by the surviver incase one should decease; -and the'same shall be'exempt friom attachment and levy of execution for the termn of one year from the time it -:shall be-paid ordeposited as aforesaid, And the said sheriff or officer shall apply the balance *of said proceeds oln the execution, or so much thereof as shall'be necessary to satisfy thie'samee, provided thatno such sale shall be made unless a greatersum than five hundred dollars shiall be bid therefor, in whtich case tise otlicer shall return. tlie execution for want of property, with a certificate thereon of his proceedings. The provsisions of this act shall not exten. to any judgment rendered on any contract Vnade before the taking effect of this act, or judga:.ent rendered on any note ot mortgage'executed *by tte debtor and his wife, nor any claim for labor less than one huandred dollars, t:or to aimpair thle lien by mlort.gage of thle vender for the purchase-money of thle homestead In question,,nor of any mecihanic or other person, under any statute of tllis state, for any debt conitritcted for or ill aid of tha eiection-of the buildings,.nor frnmi the paytment of taxes dues thereoa. No conveyanceor alienation by the husband of anv property exempt and set off as -afore-'aild, shall. lie altid unless tihe swife join in thte deed of conveyance; provided, however, that such husband may withlout the consent of his w.ife, i-mortuage'chil homestead, at thil'inme.'f the puschase titeeof, for the paityment of tlhe ppurclase-1tmottey. The provisious of this act sehall 7it be so construed as to affect any property fradulatlat parciasedl by the debtor,.when in insolvent curcuastaaces iLW iP-HIaste 4,p jv 1lvo 4s i35i,

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SPECIAL STATE LAWS8 MAINE. Coasts;i.on adopted 1820.-Square Miles 32j623.-Population in 1850, 583,0C2. Exemptions. _ — ^'t;^ - THERE is exempt from sale on execution the debt|| \\-/i^,e or's wearing-apparel, beds, bedsteads, bedding, and household utensils necessary for himself, his wife and children, provided that the beds and bedding so exempted shall not exceed one bed, bed!stead, and necessary bedding, for every two persons, nor the other household furniture the value of' fifty dollars; the tools of any debtor necessary for his trade or occupation; all bibles and schoolbooks in actual use in the family, and one copy of the statutes of the state; all cast-iron and.....- - sheet-iron stoves used exclusively for warming buildings; one cow, and one heifer till sle shall become three years old; two swine, one of which shall not weigh more than one hundred pounds; and when he owns a cow, and a heifer more than three years old, or two swine, each weighing more than one hundred pounds, he may elect the cow, or the heifer, or either of the swine, to be exempt as aforesaid; ten sheep, and the wool that may be sheared from them, and thirty hundred weight of hay for the use of said cow, and two tons for the use of said sheep, and a sufficient quan. tity for said heifer according to its age; all produce of farms while standing and growing, until harvested, and corn and grain necessary and sufficient for the sustenance of the debtor and his family, not exceeding thirty bushels; one pew in any meetinghouse where he and his family statedly worship; all potatoes raised or purchased for the consumption of himself and family; all firewood conveyed to the debtor's house for the use of himself and family, not exceeding twelve cords one boat, not exceeding two tons' burden, usuall3 employed in fishing-business, belonging wholly to an inhabitant of this state; one plough, of the value of ten dollars; one cart, of the value of twenty-five dollars; one harrow, of the value of five dollars; and one cooking-stove, of the value of thirty-five dollars; and all an thracite and bituminous coal and charcoal conveyed to any person's house to be consumed in the family of such person, not exceeding five tons of anthracite and fifty bushels of bituminous; one pair of bulls, steers, or oxen, raised by the owner from his own cows, or purchased by him before the said bulls or steers were one year old, or by him at any time obtained by exchange of said bulls, steers, or oxen, for others of the same age, with a sufficient quantity of hay to keep the same through the winter season, provided that the owner began to raise or pur chased said stock after the 24th day of April, 1839; one ox-yoke, with bows ring, and staple, value of three dollars; two chains value of three dollars; one ox sled value of ten dollars; one pair of oxen, steers, or bulls, purchased ot obtained legally, the same as if raised; one or two horses, instead of oxen, not to exceed one hundred dollars in value; one barrel of flour, and ten dollars worth of lumber wood, or bark; also, any piece of land, not exceeding half an acre, appropriated by any number of individuals as a place of burial, constantly enclosed with a fence, and not used for the purposes of cultivation; a description of which, under the hands of individuals who appropriated the same, attested by two disinterested witnesses, shall have been recorded in the registry of deeds in the county oz registry district where the land lies.

MPeCIAL LAWS OF MAINE. 169 Homestead Exemption. A LOT of land, dwelling-house and out-buildings thereon, or so much thereof as shall Saot exceed five hundred dollars in value-the property of a householder in actual pou. session thercof -exemlpted from any debt contracted after January 1st, 1850. The widow and minor children of any person deceased who held property thus ex. empted, may continue to hold the exempted premises during the minority of such children, or while said widow remains unmharried;' and the exempted property shall not be sold durin- such minority, or while such widow remains unmarried, for the payment of any del)t contracted prior to January 1st, 1850. Exemptions under this act shall not operate to defeat the liens of mechanics, as provided on the statutes The head of any family, or any householder, wishing to avail himself of the benefits of this act, may file a certificate by him signed, declaring such wish, and describing the property, with the register of deeds, in the county where the same is situate; and upon receiving the fees now allowed for recording deeds, such register shall record the same in a book kept for that purpose: and so much of the property as does not exceed the value a'oresaid, shall be for ever exempt from liability for any debt contracted by such householder afterthe date of the recording of the certificate; and the record in said registers office shall be prima facie evidence that the certificate purporting to be there recorded, was made, signed, and filed, as appears upon such record. And upon being recorded as aforesaid, the property as described in the first section of this act shall be exempted within the provisions thereof: When property, exempted as aforesaid, is claimed by a creditor to be of greater value than five hundred dollars, it may be seized on execution, and the appraisers shall first set off such part of the property as the debtor may select, and if he neglects so to do, the officer may select for him to the value of five hundred dollars, by metes and bounds; and shall then appraise and set oft to the creditor, in manner now prescribed by law, the remainder, or so much thereof as may be necessary to satisfy such executionand the appraisers shall be sworn accordingly, and the officer shall make return of his doings thereon, Mechanics' Lien. ANY ship carpenter, calker, blacksmith, joiner, or other person, who shall perform labor or furnish materials for or on account of any vessel building or standing on the Stocks, or under repairs after having been launched, shall have a lien on such vessel for lhis wages or materials, until four days after such vessel is launched or such repairs afterward have been completed; and may secure the same by an attachment on said vessel within that period, which shall have precedence of all other attachments. In case any such creditor shall demand or claim more' for his said services performed or materials furnished as aforesaid than is just and reasonable, the owner, agent, or contractor, may tender the full, fair, and just balance to such claimant, and such tender shall, if refused, absolutely discharge the lien on such vessel. Any person who shall perform labor or furnish materials for erecting, altering, or repairing any house or other building or appurtenances, or furnish labor or materials for the above purposes by virtue of any contract with the owner thereof, shall have a lien, to secure the payment of the same, upon such house or building, and the lot of land on which the same stands, and upon the right of redeeming the same when under mortgage; and such lien shall continue in force for the space of ninety days from the time when such payment becomes due, notwithstanding the decease of any such debtor and the representation of his estate as insolvent. And the administrator or executor of any insolvent estate shall, upon citation, be holden to answer to any action brought upon a claim secured by such lien. Such person may secure the benefit of such lien by an attachment of such house or building, land, or right of redemption, within the said ninety dy s; and such attachment shall have precedence of all other attachments not made under any such lien. When the debtor shall tender to the creditor the sum justly due to him, as aforesaid, such lien shall cease. In case of the death of any person owing a debt secured by a lien in the manner above contemplated, within the ninety days mentioned therein, and before the commencement of the action mentioned above, then a further time of sixty days from and after an appointment of an administrator or executor, and notice thereof given, shall be allowed in which to commence said action, and such lien shall continue In force during said sixty days. When any lot or parcel of land, or any mill-privilege, may be leased for the purpose of having a house, shop, mill, or other building, erected or placed thereon, and rent is reserved in the lease, all the buildings erected as aforesaid, together with all the interest

160 SPECIAL LAWS OF M5AIN,. which the lessee before had or may have in the premises, by force of such e.nae, sA1h remain liable to be attached by any such lessor or his assignee, to secure the rent dut on such lease, notwithstanding any previous transfer of property by the lessee, proi*0 ded such attachment be made within six months from the time such rent becomes due, Every person in whcae name any merchandise shall be shipped, shall be deemed tho true owner thereof, so far as to entitle the consignee of such merchandise to a lien thereon for any moneys advanced or negotiable security given by such consignee to and for the use of the person in whose name such shipment shall have been made, and for any money or negotiable security received by the person in whose name the shipnent shall have been made, to and for the use of any such consignee. Any person who is entitled to receive annual compensation for damages stistaired to his land by the overflowing of a milldam, shall have a lien therefor from the time of the institution of the original complaint, on the mill and milldam, with the appurtenances and the land under and adjoining the same, and used therewith, provided that it shall not extend to any sum due more than three years before the commencement of the action. If the demandant in a writ of entry shall claim an estate for life only in the premises, and if he shall pay any sum allowed to the tenant for improvements, he or his executors or administrators, at the termination of his estate, shall be entitled to receive of the remainder man, or reversioner the value of such improvements as they then exist, and shall have a lien therefor, and he may keep possession thereof accordingly till the same be paid. Chattel Mortgages. No mortgage of personal property, made since the twenty-fourth day of April, oae thousand eight hundred and thirty-nine, or that shall be made hereafter, where the debt thereby secured amounts to more than the sum of thirty dollars, shall be valid against any other persons than the parties thereto, unless possession of the mortgaged property be delivered to and retained by the mortgagee, or unless the mortgage has been or shall be recorded by the clerk of the town where the morgager resides; and if such mort gagee resides in any unincorporated place, the mortgage shall be recorded in that incorporated town which may be nearest to the place where such mortgager resides. Personal property mortgaged may be redeemed by the lawful claimant at any time within sixty days alter breach of condition, unless the property has been sold, in pursuance of the contract of the parties, or on execution for debt of mortgager. Upon tender of lawful amount, if the property is not returned, the party entitled tredeem may replevin. Law regulating Contracts. No action shall be brought and maintained in any of the following cases:1. To charge an executor or administrator, upon any special promise, to answer damages out of his own estate: 2. To charge any person, upon any special promise, to an. ewer for the debt, default, or misdoings, of another: 3. To charge any person upon an agreement made in consideration of marriage: 4. Upon any contract for the sale of lands, tenements, or hereditaments, or of any interest in or concerning them: 5. Upon any agreement that is not to be performed within one year from the making thereof; unless the promise, contract, or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and be signed by the party to be charged therewith, or by some person thereunto lawfully authorized. The consideration for the agreement need not be expressed in the writing. No action shall be brought to charge any person, upon or by reason of any representa tion or assurance made concerning the character, conduct, credit, ability, trade, or dealings, of any other person, unless such representation or assurance shall be made in writing, and signed by the party to be charged thereby, or by some person thereunto by him lawfully authorized. No contract for the sale of any goods, wares, or merchandise, for the price of thirty dollars or more, shall be allowed to be good, unless the purchaser shall accept part of the goods so sold, and actually receive the same, or give something li earnest to bind the bargain, or in part payment, or some note or memorandum in writing, of the said bargain, be made and signed by the party to be charged, or by hbi agent, thereunto by him lawfully authorized,

SPECIAL LAWS OF MAINE 161 Limitation of Actions. TiH following actions shall be commenced within six years next after the cause of action shall accrue, andnot afterward, namely:1. All actions of debt, founded upon any contract or liability, not under seal, except such as are brought upon a judgment or decree of somnecourt of record of the United States, or of this, or some other of the United States, or of some justice of the peace in this state. 2. All actions upon judgments rendered in any court, not being a court of record, except justices of the peace in this state. 3. All actions for arrears of rent. 4. All actions of assumpsit, or upon the case, founded on any contract or liability, express or implied. 5. All actions for waste, and all actions of trespass on land, and all actions of trespass, except those of trespass for assault, battery, and false imprisonment. 6. All actions of replevin, and other actions for taking, detaining, or injuring goods or chattels. 7. All other actions on the case, except actions for slanderous words and for libels. All actions against a sheriff, except for the escape of prisoners committed on execu. tion, for the negligence or misconduct of his deputies, shall be commenced within four years next after the cause of action shall accrue. All actions of assault and battery and for false imprisonment, and all actions for slanderous words and for libels, shall be commenced within two years next after the cause of action shall accrue. All actions for the escape of prisoners committed on execution shall be commenced within one year next after the cause of action shall accrue. No scire facias shall be served on bail, unless within one year next after judgment rendered against the principal. All actions against an endorser of a writ must be commenced within one year next after judgment entered in the original action. None of the foregoing provisions shall apply to any action brought upon a promissory note which is signed in.the presence of an attesting witness, nor to an action brought upon any bills, notes, or other evidences of debt, issued by any bank. In all actions of debt or assumpsit brought to recover the balance due upon a mutual and open account, the cause of action shall be deemed to have accrued at the time ot the last item proved in such account. If any person entitled to bring any of the before-mentioned actions, shall, at the time when the cause of action accrues, be a minor, a married woman, insane, imprisoned, or without the limits of the United States, such person may bring the actions within the dimes respectively limited, after the disability shall be removed. All personal actions on any contract not limited by any of the foregoing sections, or any other law of the state, shall be brought within twenty years after the accruing of the cause of action. When a writ shall fail of a sufficient service or return, by any unavoidable accident, or by the default or negligence of any officer to whom it was delivered or directed; or when such writ shall be abated, or the action otherwise avoided and defeated, for any matter of form, or by the death of either party; or if a judgment for the plaintiff shall be reversed on a writ of error, in such case the plaintiff may commnence a new action on the same demand within six months after the abatement or determination of the original suit, or reversal of judgment in the same; and if the cause of action by law survives, his executor or administrator, in case of his death, may commence such new action within said six months. No action shall be maintained against any person as surety in a replevin bond, unless the, writ be served on him within one year after the final judgment in the action of replevin. Insuits by aliens, the time of continuance of war between the United States and the country of which such alien is the subject is not deemed a part of the time limited for the commencement of any of the before-mentioned actions. In actions of debt or upon the case founded upon any contract, no acknowledgment or promise shall be allowed as evidence of a new or continuing contract, whereby to take any case out of the operations of the provisions of [these limitations), or to deprive any party of the benefit thereof, unless such acknowledgment or promise be an express one, and made or contained in some writing signed by the party chargeable thereby. If there are two or more joint contractors, such acknowledgment or promise, made or signed by oneor more, shall not deprive the other joint-promissor of the benefit of the limitation. If, at the time when any cause of action mentioned in this act shall accrue against any person, he shall be out of the state, the action may be commenced within the time herein limited therefor, after such person shall come into the state; and if, after any cause of action shall have accrued, the person against whom it shall have accrued shall be absent from and reside without the state, time of his absence shall not be taken as any paut of the time limited for the commencement of the action. 1 An

162 SPECIAL LAWS OF MAINE. REAL ACTIONS AND RIGHTS OF ENTRY.-NO person shall commence any real or mixed action for the recovery of lands, or make an entry thereon, unless within twenty years,after the right to make such entry, or bring such action, first accrued, or within twenty years after he or those under or from whom he claims, and shall have been seized or possessed of the premises, except as hereinafter provided. If such right or title first accrued to an ancestor or predecessor of the person who orings the action or makes the entry, or to any other person from, by, or under whom he claims, the said twenty years shall be computed from the time when the right or title so first accrued to such ancestor, predecessor, or other person. If any minister, or other sole corporation,'shall be disseized, any of his successors may enter upon the premises, or may bring an action for the recovery of them at any time within five years after the death, resignation, or removal of the person disseized, notwithstanding the twenty years after the disseizin shall have expired. If, at the time when such right of entry or of action upon or for any lands shall first accrue, the person entitled to such entry or action shall be within the age of twenty-one years, or a married woman, insane, imprisoned, or absent from the United States, such person, or any one claiming from, by, or under him, may make the entry or bring the action at any time within ten years after such disability shall be removed, notwithstandung the twenty years before limited in that behalf shall have expired. No real or mixed actions for the recovery of lands shall be commenced by or on be. nalf of the state, unless within twenty years from and after the day ou which this act shall become a law, or within twenty years next after the time of the accruing of the title to the state. No person shall acquire any right or privilege of way. air, or light, or any other casement, fiom, in, upon, or over the land of another, by the adverse use and enjoyment thereof, unless such use shall have been continued uninterrupted for twenty years. No action for the recovery of any estate, sold under license by an executor, adminis. trator, or guardian, shall be maintained by any heir, or other person claiming under the deceased testator or intestate, unless it be commenced within five years next after the sale. No real or mixed action for the recovery of any lands in this state shall be commenced or maintained against any person in possession of such lands, where such person or those under whom he claims have been in actual possession for more than forty years, and claiming to hold the same in his or their own right-and which possession shall have been adverse, open, peaceable, notorious, and exclusive. Collection of Debts. ARRuEST.-No person shall be arrested on mesne process on any suit brought on any contract, express or implied, or brought on any judgment founded on such contract, except as provided in the following section:- Any person, whether a resident within this state or not, may be arrested and held to bail, or committed to prison on mesne process on any contract, expressed or implied, when the sum demanded amounts to ten dollars, or on a judgment founded on contract, when the debt originally recovered and still remaining due is ten dollars or more, exclusive of interest on such judgment, when he is about to depart and reside beyond the limits of this state, with property or means exceeding the amount required for his own immediate support, provided that the creditor, his agent or attorney, shall make oath before a justice of the peace, to be certified by such justice on the said process, that he he has reason to believe, and does believe, that such debtor is about to depart and reside, and to take with him property or means as aforesaid, and that the demand in the said process, or the principal part thereof, amounting to at least ten dollars, is due to him. In all actions not founded on contract, or on a judgment on such contract, the original writ or process shall run against the body of the defendant, and he may be thereon arrested and imprisoned, or he may give bail. ATTACHMENT.-All goods and chattels may be attached and held as security to satisfy the judgment for damages and costs, which the plaintiff may recover, except such as from their nature and situation have been considered as exempted from attachment according to the principles of the common law, as adopted and practised in this state, and such as are exempt from levy or sale on execution. All real estate which is liable to be taken in execution may be attached on mesne process, and held as security for the purposes aforesaid.

SPECIAL LAWS OF MAINE. 163 Deeds. IT is necessary that they be sealed with a seal in this state. hut there need be only one attesting witness, nor need the wife of the grantor be separately examined. They should be acknowledged and immediately recorded. AerrNOWT.LDGAENT.-The acknowledgment may be made before any justice of the peace in this state, or any justice of the peace, magistrate, or notary public, within the United States, or any commissioner appointed for that purpose by the governor of this state, or before any minister or consul of the United States or notary public in any foreignlcountry. Form of Acknowledgment. State of Maine, County of Lincoln, as. Bath, January 14, ]851. Before me then personally appeared JOHN DOE, and SUSAN his wife, in the foregoing instrument named, and acknowledged that they did sign and seal the same as their free act and deed. JOHN JONES, Justice of the Peace. Rights of Married Women. ANY married woman may become seized or possessed of any property, real or personal, by direct bequest, demise, gift, purchase. or distribution, in her own name and as of her own property; provided it shall be made to appear by such married woman, in any issue touching the validity of her title, that the same does not in any way come from the husband after coverture. Hereafter, when any woman possessed of property, real or personal, shall marry, such property shall continue to her, notwithstanding her coverture; and she shall have, hold, and possess the same, as her separate property, exempt from any liability for the debts or contracts of her husband. Any married woman possessing property by virtue of this act, may release to the hus. band the right of control of such property, and he may receive and dispose of the income thereof, so long as the same shall be appropriated for the mutual benefit of the parties. Any married woman who is seized and possessed of property, real or personal, as provided for above, may commence, prosecute, or defend, any suit in law or equity, as if she were unmarried, or jointly with her husband, but the person of such married woman is free from arrest. In case of the decease of such married woman intestate, her property, real and personal, shall descend to her heirs-but any married woman may by will divide or bequeath any property belonging to her. Rate of Interest. THFE legal rate of interest is six per cent. If more be agreed to be taken, only legal interest can be recovered. Usurious interest paid may be recovered back. Wills. In this state a will must be in writing, signed by the testator, or by some person in his presence and by his express direction, and shall be attested and subscribed in his presence by three credible witnesses. Form of Attestation answering for every State of the Union. Signed, sealed, published, and declared,'by the said JOHN DoE, as and for his last will and testament, in the presence of us, who, at the request of the said JOHN DOE, and in his presence eand in the presence of each other, have hereunto subscribed our names and respective places of residence as witnesses. JOHN SMITH, Boston, JOHN JONES, Boston, DUNN BROWN, Roxbury.

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16?6 SPECIAlL LAWS OF NEW IAMPSIHIiS. NEW HAMPSHIRE. Constitution adopted 1792.-Square Miles 9411.-Population in 1850, 317,997. Exemnptions. -._1i TtHiTFERE is exempt from sale on execution wearing ap parel necessary for the use of the debtor and his family, corn'~ i- - - - ortable beds, bedsteads, and bedding, necessary for the debtor, his wife and children, householdfurniture tothe value of twenty dollars; the bibles and schoolbooks in use in the family, one cow, and one and a half tons of hay, tools of his occupation to the value of twenty dollars; six sheep and the fleeces of the same, one cooking stove and the necessary furniture belonging to the same, ~~ -7:".:~ %provisions and fuel to the value of twenty dollars, the uniform, arms and equipments of every officer and private in the militia, his interest in one pew in any meetinghouse in which he or his family usually worship, and his interest in one lot or right of burial in any cemetery. (See page 155.) Mechanics' Lien. IF any person shall perform any labor or furnish any materials toward building, repairing, fitting or furnishing any vessel, payment for which is due, he shall have a lien therefor on such vessel for the space of four days after the vessel is completed. Such lien may be secured by attachment of the vessel within said four days, and such attachment shall have precedence of all other attachments and claims, except the lien for mariners' wages. If any person under any written contract, shall furnish any labor or materials for erecting, repairing, or altering, any building, he shall have a lien therefor upon such house or building and upon the interest of the person for whom such labor and materials are furnished, in the lot of land on which it stands, for the space of thirty days after the payment of said labor or materials shall become due by said contract. Such lien shall not attach unless such contract is made in writing, expressing the terms thereof fully, and a true copy of the same left with the townclerk of the town in which such house or building is situate. Such lien may be secured within the thirty days aforesaid, by an attachment of such building and land, and such attachment shall have precedence of all attache ments made where no such lien exists, after the filing of such contract with the town-clerk. If the land on which such building is situate, or to be erected, is under mortgage or attachment at the time of filing the copy of the contract as aforesaid, such prior mortgagee, or attaching creditor shall be preferred to the extent of the value of the land and building at thattime. If two or more persons having such lien upon the same property, shall secure the same by attachment, they shall severally hold according to the priority of their several liens. If the owner of such land or building shall have failed to perform his part of any such contract, by reason whereof the other party shall without his default, have been prevented from completing such contract, the latter shall have a lien on such building and land for such sum as is his due for what he has done. Any lien aforesaid may be discharged at any time by the payment or tender of the amount due, together with the costs of any attachment made to secure the same. These provisions shall not be in force in any town, uWlem adapted by such town at some meeting called for that purpose.

SPECIAL LAWS OF NSW HAMIPSHInRE 167 Limitation of Actions. No action for the recovery of any real estate hall be maintained, unless such action is brought within twenty years after the right first accrued to tle plaintiff, or to any person under whom he claims, to commence an action for the recovery thereof. If the person first entitled to maintain an action for the recovery of such real estate was within the age of twenty-one years, a married woman, or insane, at the time such right accrued, sucl action may be commenced within five years after such disability is removed. Actions for words, and for assault, battery, wounding, or imprisonment, shall be brought within two years after the cause of action accrued, and not afterward. All other personal actions shall be brought within six years after the cause of action accrued, and not afterward. Actions of debt founded upon any judgment or recognizance, or upon any contract under seal, may be brought within twenty years after the cause of action accrued, and not afterward. Actions upon notes secured by mortgage, may be brought so long as the plaintiff is entitled to commence any action upon the mortgage. Writs of error may be commenced within three years after judgment, rendered, and not afterward. Any infant, married woman, or insane person, may commence either of the personal actions aforesaid, within two years after such disability is removed. If the defendant, at the time the cause of action accrued, or afterward, was absent from or residing out of the state, the time of such absence shall be excluded in the computation of the several times before limited for the commencement of personal actions. If judgment shall be rendered against the plaintiff in any action commenced within the times before limited, or upon any writ of error brought thereon, he may commence a new action thereon within one year thereafter, in case his light of action is not barred by such judgment. Collection of Debts. ARREST.-No female shall be arrested or imprisoned upon any writ in any ao. tion founded on contract. No person shall be liable to arrest on mesne process in any real action or actions of ejectment. No person shall be arrested or imprisoned on any writ in any action founded on a contract unless the debt or damage for the recovery of which such action may be brought, exclusive of all the costs, shall exceed the sum of thirteen dollars and thirty-three cents. No person shall be arrested upon any writ or execution founded on a contract made after the first day of March, eighteen hundred and forty-one, unless the plaintiff or some person in his behalf shall make an affidavit before a justice, on the back of such writ, that in his belief the defendant is justly indebted to him in a certain sum exceeding thirteen dollars and thirty-three cents, and that he conceals his property so that no attachment or levy can be made, or there is good reason to believe he is about to leave the state, to avoid the payment of his debts. If any person shall be committed to prison by the officer or his bail, or upon surrender by his bail, he shall, unless he shall be bailed before the judgment, be held in prison until the expiration of thirty days after the rendition of such judgment for the plaintiff as execution may issue upon, unless sooner legally discharged. ATTACHMENT.-All property, real and personal, which is liable to be taken in execution, may be attached and held as security for the judgment the plaintiff may recover.

168 aSPECIAL LAWS O0 NtEW HAMIPSM~i, Chattel Mortgages. POSsESSION of the mortgaged property must be delivered to, and retained by t-h mortgagee, or the mortgage must be recorded in the office of the clerk of the town in which the mortgager resides at the time of making the same. Each mortgager and mortgagee, shall make and subscribe an affidavit in substance as follows: — We severally swear that the foregoing mortgage is made for the purpose of secu. ring the debt specified in the condition thereof, and for no other purpose whatever, and that said debt was not created fbr the purpose of enabling the mortgager to execute said mortgage, but is a just debt, honestly due and owing from the mortgager to the mortgagee. Every such affidavit with the certificate of the justice who administered the oath shall be made upon or appended to such mortgage, and recorded therewith. No mortgager of personal property, shall sell or pledge any such property, by him mortgaged, without the consent cf the mortgagee in writing, upon the back of the mortgage, and on the margin of the record thereof, in the office where such mortgage is recorded. No mortgager shall execute any second or subsequent mortgage of personal property, while the same is subject to a previously existing mortgage given by such mortgager, unless the fact of the existence of such previous mortgage is set forth in the subsequent mortgage. If any mortgager shall be guilty of any offence specified in the two preceding,aragraphs, he shall be punished by fine, equal to double the value of the property so wrongfully sold, pledged, or mortgaged, one half to the use of the party injured, and the other half to the use of the county. Law Regulating Contracts. No action shall be maintained upon any contract for the sale of lands, unless the agreement upon which such action shall be brought or some memorandum thereof is in writing, and signed by the parties to befcharged therewith, or by some other person thereunto lawfully authorized by writing. No action shall be brought in the following cases - 1. To charge any executor or administrator upon any special promise to answer damages out of his own estate; 2. To charge any person upon any special promise to answer for the debt, default, or miscarriage of another person,3. To chargs any person upon an agreement made upon consideration of marriage; 4. To charge any person upon any agreement that is not to be performed within one year from the time of making it; Unless such promise or agreement or some memorandum or note thereof is in writing and signed by the party to be charged therewith, or by some person there unto by him lawfully authorized. No action shall be brought upon any contract for the sale of any goods, wares. or merchandise, for the price of thirty-three dollars, or upward, and no sucl contract shall be valid unless the buyer shall accept part of the property so sold and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or unless some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract or their agents thereunto lawfully authorized

XSFICAL LAWS OF NEW HAMPSgtsiIE. Deeds. ~ eRY deedr o-other conveyance of real estate shall besigned und seale by ~e party granting the same, attested by two or more witnesses, -acinowledged ~sy sodh grantr before -a justice -of the peace, notary public, or commissioner, or before a minister or consul of -the United States in a foreign country, and recorded at length in the registry of deeds in the -county in waioh such lands lie. A sEAL should be ~used. The wife need not be separately examined. Form of acknowledgment the same as in Maine. Rights of Married Women. WHENsVER any married woman shall be entitled'to hold ptopevty in her own tight and to:her separate use, she may make-contracts, may sue and be sued in her own name and may dispose of said property, by will -or otherwise, as if she were sole and unmamrried; and if she siall decease intestate, her husband shall be excluded from any share in her said estate, and such estate shall be administered and fiherited in the same manner as if she were sole and unmarried. Any married woman of fall age may join with her husband. in any conveyance of real estate, and any married woman may Join with her -husband in release of dower, although she is not of full age. Any maried woman, of the age of S yearsor upward, and of sane mind, who may be seized in her own right of a-ny real estate in this state, shall have power to give, devise, and dispose of, the same by will in writing, which will, when signAed and sealed by the devisor, and duly attested and subscribed by three credible witnesses thereto, ia her presence, and executed with the formalities now required by law in other cases, shall be proved atnd allowed by the courts of probate in this state, and shall be effectual in distributing the estate devised according to the intention of the devisor; provided, that any such will shall in no case affect injuriously the rights acquired by the husband in any estate so devised, by virtue of the marriag contract. DoWER.-The widow of every person deceased shall be entitled to her -dower in the rel estate of which her husbband was seized during oxvertore. Rate of Interest. THE legal rate is six'per cent, and if more be taken, the party forfeits thre fimes the amount unlawfully taken. Wills. WILLSs shoud be in writing, signed and sEA.LED by the testator or by somoa peron in his presence, and by his express direction, and attested and subscribed in his presence by three or more credible witnesses. LFor form of attestation, see page 163. 5

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172 SPECIAL LAWS OF VERMONA, VERMONT. Constitution adopted 1793.-Square Miles, 10,212. —Population in 1850, 313,45 Exemptions. THERE is exempted from sale on execution rsch suitable apparel, bedding, tools, arms, and articles of household furniture, as may be necessary for upholding life; one cow; the best swine, or the meat of one swine; ten sheep, and one year's product of said sheep in wool, yarn, or cloth; forage sufficient for keeping not exceeding ten sheep and one cow through one winter; ten cords of firewood; five bushels of grain; twenty bushels of potatoes; such military arms and accoutrements as the debtor is required by law to furnish; and all growing crops: also the bibles and other books used hi the family; and five bushels of grain in addition, and three swarms of bees and hives, together with their produce in honey, and 200 pounds of sugar. Homestead-Exemption Law. THE homestead of every housekeeper or head of a family, residing in this state, to the value of five hundred dollars, such homestead consisting of a dwelling-house, out-buildings, and lands appurtenant, occupied by such person as a homestead, and the yearly products thereof, shall be exempt from attachment and execution, in all cases where the contract shall be made or the cause of action shall accrue after the first day of December, one thousand eight hundred and fifty, except as hereinafter provided. Whenever the real estate of such housekeeper or head of a family shall be levied upon by virtue of any execution, such portion thereof as may be occupied by him as a homestead, and as he may then elect to regard as such, to the value of five hundred dollars, in case such person is entitled to hold the same exempt from said execution,*shall be set out to him by the appraisers on said execution, upon their oaths, and the remainder only shall be set off to the creditor therein, and such homestead shall be set out in the same manner as is now provided by law for the setting off of lands on execution. If any such housekeeper or head of a family shall decease, leaving a widow, his homestead, of the value aforesaid, shall wholly pass to his widow, and children if any there. be, in due course of descent, without being subject to the payment of the debts of the deceased, unless made specially- chargeable thereon, or for taxes assessed thereon. Such homestead shall not be alienated or mortgaged by the owner thereof, if a married man, except by the joint deed of such husband and wife, executed and acknowledged in the manner provided for the conveyance of the lands of married women: Provided, however, that such husband may, without the consent of his wife, mortgage such homestead, at the time of the purchase thereof, for the payment of the purchase-money. Such homestead shall be subject to attachment and execution upon any contract that may be made, and for all matters and causes of action which may accrue, previous to or at the time of the purchase of such homestead, and shall be subject to sale for non-payment of taxes assessed thereon; and the time when the deed to the owner of such homestead shall be left in the town-clerk's office, for record, shall be deemed the time of the purchase thereof for the purpose mentioned in this act.

SPECIAL LAWS OF VERMONT. 173 Mechanics' Lien. ANY person who shall perform any labor or furnish materials in this state for or toward the building, repairing, fitting, or furnishing any ship, vessel, or steamboat, shall have a lien on the same for his wages and materials so furnished until four daxs after the ship, vessel, or steamboat, shall be completed, and may secure the same by attachment, which shall have precedence of all other attachments and claims. Before such lien shall attach or be in force, such person shall have a just and legal claim for his services performed or materials furnished, and shall demand payment of the same of the owner, agent, contractor, or person, in whose care such ship, vessel, or steamboat, may be; and in case such person, having a lien as aforesaid, shall demand more than is due to him, such owner, agent, contractor, or person in whose care such ship, vessel, or steamboat, may be, may tender or pay to such person the just and full amount due him for his labor or materials furnished as aforesaid, and fully and absolutely discharge such lien. When any contract or agreement shall hereafter be made in writing for erecting, repairing, or altering any house or other building in this state, or for furnishing labor or materials fdr the purposes aforesaid, the person proceeding in pursuance of such contract or agreement shall have a lien to secure the payment of the same, upon such house or building and the lot of land on which the same stands, and the lien hereby created shall continue in force for the space of three months from the time when payment shall become due for the work, labor, or materials, furnished as aforesaid. Law regulating Contracts. No action, in law or equity, shall be brought in any of the following cases:1. To charge an executor or administrator upon any special promise, to answer damages out of his own estate; or2. To charge any person, upon any special promise, to answer for the debt, default, or misdoings, of another; or3. To charge any person, upon any agreement made upon consideration of marriage; or4. Upon any contract for the sale of lands, tenements, or hereditaments, or of any interest in or concerning them; or5. Upon any agreement that is not to be performed within dne year from the making thereof: unless the promise, contract, or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or by some person thereunto by him lawfully authorized; and if the contract or agreement relate to the sale of real estate or any interest therein, such authority shall be conferred in writing. No contract for the sale of any goods, wares, or merchandise, for the price of fourty dollars or more, shall be good or valid, unless the purchaser shall accept and receive paint 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 of the bargain be made in writing, and signed by the party to be charged thereby, or by some person thereunto by him lawfully authorized. No action shall be brought to charge any person, upon or by reason of any representation or assurance made concerning the character, conduct, credit, ability, trade, or dealings, of any other person, unless such representation or assurance be made in writing, and signed by the party to be charged thereby, or by some person thereunto by him lawfully authorized. No mortgage of any machinery used in any factory, shop, or mill, hereafter made, shall be valid against any other person than the parties thereto, unless possession of tho mbrtgaged machinery be delivered to and retained by the mortgagee. 15*

174 SPECIAL LAWS OF VERMONT. Limitation of Actions. No action for the recovery of any lands, or for the recovery of the possession thereof, shall be maintained, unless such action is commenced within fifteen years next after the cause of action first accrued to the plaintiff, or those under whom he claims. No person having right or title of entry into houses or lands shall thereinto enter but within fifteen years next after such right of entry shall accrue. The following actions shall be commenced within six years next after the cause of action accrued, and not after:1. All actions of debt founded upon any contract, obligation, or liability, not under seal, excepting such as are brought upon the judgment or decree of some court of record of the United States, or of this or some other state. 2. All actions upon judgments rendered in any.court, not being a court of record. 3. All actions of debt for arrearages of rent. 4. All actions of account, assumpsit, or on the case, founded on any contract or liability, express or implied. 5. All actions of trespass upon land. 6. All actions of replevin, and all other actions for taking, detaining, or injuring goods or chattels. 7. All other actions on the case, except actions for slanderous words and for libels. All actions for assault and battery and for false imprisonment shall be commenced within three years next after the cause of action shall accrue, and not afterward. All actions for slanderous words and for libels shall be commenced within two years next after the cause of action shall accrue, and not afterward. All actions against sheriffs, for the misconduct or negligence of their deputies, shall be commenced within four years next after the cause of action shall accrue, and not afterward. None of the foregoing provisions shall apply to any action brought upon a promissory note which is signed in the presence of an attesting witness, but the action in such case shall be commenced within fourteen years next after the cause of action shall accrue thereon, and not afterward. All actions of debt or scire facias on judgment shall be brought within eight years next after the rendition of such judgment; and all actions of debt on SPECIALTIES within eight years after the cause of action accrued. All actions of covenant other than the covenants of warranty and seisin, contained in deeds of conveyance of lands, shall be brought within eight years after the cause of action accrued, and not afterward. All actions of covenant brought on any covenant of warranty contained in any deed of conveyance of land shall be brought within eight years next after there shall have been a final decision against the title of the covenanter in such deed, and all actions of covenant brought on any covenant of seisin contained in any such deed, shall be brought within fifteen years next after the cause of action shall accrue, and not*afterward. When any person shall be disabled to prosecute an action in the courts of this state by reason of his being an alien subject, or citizen of any country at war with the United States, the time of the continuance of such war shall not be deemed any part of the respective periods herein limited for, the commencement of any of the actions before mentioned. If, at the time when any cause of action of a personal nature, mentioned in this act, shall accrue against any person, he shall be out of the state, the action may be commenced within the time herein limited therefor, after such person shah come into the state; and if, after any cause of action shall have accrued, and before the statute has run, the person against whom it has accrued shall be absent from and reside out of the state, and shall not have known property within this state which could be attached, the time of his absence shall not be taken as any part of the time limited for the commencement of the action.

SPEtCIAL LAWS OF VERMONT, 175' Yf, in.any action duly commenced within the time limited and allowed therefor, the writ fail of a sufficient service or return, by any unavoidable accident, or by any default or neglect of the officer to whom it is committed, or if the writ shall be abated, or the action otherwise defeated or avoided by the death of any party thereto, or for any matter of form; or if, after verdict for the plaintiff, the judgment shall be arrested; or if a judgment for the plaintiff shall be reversed on a writ of error or on execution, the plaintiff may commence a new action for the same cause at any time within one year after the abatement or other determination of the original suit, or after the reversal of the judgment thereon, and if the cause of action survive, his executor or administrator may, in case of his death, commence such new action within the said one year, or within one year after letters shall have been granted. Whenever the commencement of any suit shall be stayed by an injunction of any court of equity, the time during which such injunction shall be in force shall not be deemed any portion of the time limited for the commencement of such oeit. If any person, entitled to bring any action in this act specifed, shall, at the time when the cause of action accrues, be a minor, or a married woman, insane, or imprisoned, such person may bring the said action within the times respectively limited after the disability shall be removed. None of the provisions of this act shall apply to suits brought to enforce payment on bills, ntes, or other evidences of debt, issued by moneyed corporations. All the provisions of this act shall apply to the case of a debt or contract alleged by way of setoff, and the time of limitation of such debt shall be computed in like manner as if an action had been commenced therefor at the time when the plaintiff's action was commenced. If one of two or more joint contractors make such written promise or aclmow-l edgment, it shall not affect the other joint contractors. Collection of Debts. A.RRET.-No female shall be arrested or imprisoned by virtue of any mesne process, which shall issue in an action founded on contract, nor by virtue of any execution which shall issue on a judgment recovered in any such action. No person, who is a resident citizen of this state, shall be arrested or imprisoned by virtue of any mesne process which shall issue in an action founded on a contract, express or implied, made or entered into after the first day of January, in the year one thousand eight hundred and thirty-nine, nor by virtue of an execution issued on a judgment recovered in an action founded on any such contract; provided, that if the plaintiff, his agent, or attorney, praying out a writ on any contract made after the first day of January, 1839, shall file with the authority issuing such writ an affidavit stating that he has good reason to believe and does believe that the defendant is about to abscond or remove from the state and has secreted about his person or elsewhere, money or other property, to an amount exceeding twenty dollars, or sufficient to satisfy the demand upon which he is to be arrested, such writ may issue as anl attachment against, and be served upon the body of the defendant. ATTA CHMENT.-The ordinary mode of process in civil causes shall be by writ of summons or attachment. Writs of attachment may issue against the goods, chattels, or estate of the defndant, and for want thereof.aeainst his body.

1]7 SPSTA.L L AWS CA TERCNAML. Deeds. ALr, dbed(s andT other conveyances of lands or of any eatate o? interset reii Ehall be signed and sealed by the party granting the same, and signed by two oy more witnesses, and! acknowledged by the grantor, before a justtce of the peace; and recorded at length in the clerk's office of the town in which such lands Ie-. Townclerks, notaries public; and' masters in chancery, have the same power to take acknowledgments as justicen of the peace,. by act of 1,&50. If suchilands lie in. a town in which there is no town-clerk, the conveyance shill be recorded. by the cler.k of the county in which sach lands lie. Every deed by husband and wife shall contain an acknowledgment by thewife, made apart from her husband, before a judge of the supreme court, or a; judge of the county court, or some justice of the peace, that she executed such; conveyance freely and without any fear or compulsion; of her husband, a certifi eate of which acknowledgment so taken shall be endorsed' on the deed by the authority taking the same, and recorded: at large with the deed; and: ever sucl deed, not so acknowledged and recorded, shall be void as against the wife. All deeds and other conveyances, and powers of attorney for the conveyance of lands,. the acknowledgment or proof of which shall have been or hereafter shall be talken without this state, if certified agreeably to the laws of the state, province, or kingdom, in which it was taken, shall be as valid as. though the same were taken before some proper officer or court within this state; and the proof of the same may be taken and the same acknowledged with like effect before any justice Of the peace, magistrate, or notary public, within the United States or ia anfy foreign country, or bhefore any commissioner appointed for that purpose by the goveruenor of this state; or before any minister, charge des affaires, or consul,, ef the United States,. in any foreign country; and the acknowledgment of a deed by a femme covert (married woman), inm the form required by this acta.may betaken by either of said persons. No deed. or other conveyance of any lands, or of any estate or interest therein made,by virtue of'a power of'attorney, shall be of any effect or admissible in evidence,. unless such power of attorney shall have been, signed, sealed,. and acknowledged and recorded'm the office where such deedl shall have beenrecordedt A sea must be used. Form of Acknowledgment. state of Vermont,.. Wi'ndso County,'ss.. Windsor, anua, Ith, 18.51,, thenr personally appeared SomN DoE and SUSAN DoE,.w/if-, of said' Jo-HI PDOE, and' severally acknowledged the foregoing instrument,. by them signed an sealed, to be their free act and deed; and the said SUSAN DOE, being by ms, examinedi apart from her husbai&, acknowledged that she executed the said dee - f.eelB and without an:fear or compusion of her husband. Before me, JOHN JANLES, Justice of the Peace. Rights of Married Women. IT shallbe lwfu for any married woman, by herself and in, her name, or ira the name of any third person, with his assent as her, trustee, to cause to be imn sured for her sole use, the life of her husband for any definite period or for the term of his naturallife, and' in case of her surviving her' husband, the sum, or net amount of the, insurance becoming due and payable by the terms of the insurance. shall be payable to her and for her owvn use, free from' the claims o:e the representatives of her husband or of any of his creditors; but such exemptions shall not apply when the amount of premium annually paid sha l exceed three hundred dollars. lna.~ & seg deat f f d h wife WMe te eic- cease o her - the- aat

SPECIAL LAWS O VERMONT. 17 i' the insurance may be made payable, after death, to her children, for their usb, and to their guardian if under age. It shall be lawful for any unmarried woman by herself and in her own name, or in the name of any third person as her trustee, to cause to be insured for her tole use, the life of her father or brother for any definite period, or during his natural life; and in case of her surviving such person, she shall be- entitled to receive the amount of the net insurance in the same manner as in case of married women. DowF.R.-The widow of any deceased person shall be entitled to dower, or the use, during her natural life, of one third of the real estate of which her husband died seized in his own right, unless she shall be barred. The widow may be barred of her dower in all the lands of her husband in the following ways:1. When a jointure shall have been settled on such widow by her husband or other person, or some pecuniary provision shall have been made for her, before her marriage, with or without her agreement or consent; or after her marriage, with her consent, to have effect after the death of her husband, and expressed to be in lieu and discharge of her dower. 2. When her husband, by his last will and testament, shall have made provision for such widow, which, it shall appear to the probate court, was intended to be in lieu of dower. 3. When the husband shall die, leaving no children or representatives of chil. dren, and the widow shall thereby be entitled to one half of the estate of her husband. Yet she may elect to waive all these provisions, and to take her dower instead, and notify the court, within eight months after the will is proved, or letters of administration are granted, of her election) in writing. Rate of Interest. THE rate of interest is fixed at six per cent.; and interest paid beyond that rate may be recovered back, with costs. W ills. WILLS must be in writing, and signed by the testator, or by some other person in his presence and by his express direction, and attested and subscribed by three or more credible witnesses in the presence of the testator AND or EACR OTHlSIRK.

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dC~TAL LAWS- O1 r&A3SACTO3ETT2, MASS:ACHUSETTS. bsastitution: adopted 1821-Square Mies 7,500-Pbopuiatia in, IlO; 993,7,. Exs@.mptious. THERE is exemptfrom sale on execution in thisl sate, fS necessary wearing-apparel of the debtor and of his wife antc children-; one bedstead, bed, and the necessary bedding, for every two persons of the family; owe iron stobve, used foi' warming the dwelling-house, and fuel not exceeding the- value of ten dollars, procured and' designed' for the use ov the family; other household furniture, necessary for the; debtor and his family, not exceeding fifty dollars in value;the bibles and schoolbooks used in the family; one' cow, si3s —:-,tr~~.""^-~, sheep, one swine, and two tons of hay, the six sheep not tCo exceed thirty dollars in- value l the- tools and implementi _'- - ^'~ - ~-'~'~' —-- of the debtor necessary for carrying on his- trade or buse:i ness, -not exceeding fifty dollars in valise; the*uniform of am officer or- private in the msilitia, and the arms and accoutrements required by law to bh: kept by him; and rights of burial and tombs, while in' use as repositories for the deads also ammunition, and provisions necessary andiutended for the use of' fa mily,. ot e-> seeding. in value fifty- dollars. Mechanics' Lien. EvERy person who shal, by contract winh the owner of any piece of and, farnisb hebor or materials for erecting or repairing any building or the appurtenances of any' building on such land, shall have a lien upon the whole piece of land for the amount due, to him: for such labor or materials-if the contract is made in- writing, annd signed by the' owner of the land,. or by some person duty authorized by him, and recorded. in the registry ofldeeds for the' county where the land lies. The lien shall be dissolved at the expiration of six months after the time when thil money due by the contract, or the last instalment thereof, shall become payable, unlessa a suit for enforcing the lien- shall have been commenced withls the said six months. Whenever a debt is contracted for labor performed or materials used in- the conr. struction- or repair of, or for provsionis and stores or other articles furnished' for or or? account of,.any ship or vessel within this commonwealth, such debt shall be a lien- pon. such ship- or vessel, her tackle, apparel, and furniture,, and shah be preferred to- all; other liens thereon, except mariners' wages. When the ship or vessel shall depart from the port at which she was when such- debt was contracted, to some other port within this commonwealth, every such debt shallcease to, be a lien at the expiration of twenty days after the day of such, departure; a[n in all cases snch lien shall cease immediately after the vessel shall have arrived in any port: out of this commonwealth-: provided, nothing in this act shall alter or in any way affect the- lien' as now existing on foreign ships and vessels. LIEN FOR DAMAGES Bz O'VERFLOWING.-All persons entitled to receive damages for the overfiowing of their lands, by reason of the erection' or maintenance of a milldamn shall have a lien therefor from the time of the institution of the original' complaint, on' the mill, minidam, and their appurtenances, and the land under and adjoining the sam.e and used therewith, for any sum' not due more than three years before the' commence. ment of an action; therefor. When any mill, owned by several persons as joint tenants or tenants in common. or tie damr or appurtenances of such mill, shall need to be repaired or rebuilt in. whole or in part, and the proprietors shall not all agree to join in repairing or rebuilding the same~the greater part in interest, of the proprietors, at a meeting dialy notified and held, may take measures to cause the mill, dam, or appurtenances thereof, to be repaired or rebuilt, as they shall judge most for the interest of all concerned, and at the expense of' the whoe in' proportion, of their respective interests. The proprieters who shall advance the money so, expended, shall hsave a lien therefor on tihe rents and- profits of'~$h mill, and may retain so much thereof, as belongs to any proprietor who. is iadebe tb them for sach advaace, to, be applied to- tbe paymet of hkiS &ebbt

SPECIAL LAWS OF MASSACHiUSETTSo e -1 MECHANIrc' AND LAnBO.Es' LIEN. —Any person who shall actually perform labor in erecting, altering, or repairing, any building, by virtue of any contract with the owner thereof, or other person who has contracted with such owner for" ereetiig, altering, of replairing, such building, or for the purchase of the land for the purpose of erecting and building thereon, shall hare a lien to secure the payment of the wages due or owing him for such labor, by him personelly so performed upon such building, and the lot of land on which the same stands, and upon the right of redeeming the same when under mortgage. Such lien shall be dissolved unless, within sixty days after such labor is. performed, there be filed in the office of the registry of deeds for the county where the land lies, a certificate, containing a just and true accournt of the demand justly due to him, after all just credits given, which is to be a lien upon such land and buildings, and a true description of the property, or so near as to identify the property to which the lien is intended to apply, with the name of the owner or contractor, or both, if known, which shall in all cases be subscribed and sworn to by the person seeking the lien, or some c bedible person in his behalf, which certificate shall be recorded by the register of deeds'Unless a suit for enforcing the lien shall have been commenced within seventy days after the time when such labor is performed, such lien shall be dissolved. Such lien mVa be enforced by petition to the court of.common pleas for the county where the land lies. When any debt secured by such lien shall be fully paid, the creditor shall, at the expense of the debtor, eiteir on the miargin of the registry Where said certificate is recorded, a-discharge of his said lien, or shall execute a deed of release thereof, in like manher as is provided in relation to the irelease of mortgages after the payment thereof. Homrnetead-E remnption Law. IN addition to the property now exempted by law from sale or levy on execution, there shall be exempted the lot and buildings thereon, occupied as a residence, and owned by the debtor, or any such buildings osVlned by the debior on land not his own, but of which he shall be in the rightful possession, by lease or otherwise, lie being a householder and having a faimily, to the value of five hundred dollars. And no release or waivei of such exemp* tion shall be valid in law unless by deed for good consideration, acknowledged and recorded as in the case of conveyances of real estate.'Such. exemption shall continue after the death df such householder, for the benefit of the widow and family of the deceased party, some one of them continuing to occupy such homestead, until Wie youngest child become twenty-one years of age, and until the death of the VWid ow. To entitle any property to such exemption, it shall be set forth in the deed of purchase that it is designed to be held as a homestead, under this act, or if already purchased, the said design shall e declared by writing, duly sealed and acknowledged, and recorded in the registry of deeds of the couity wherein the land lies. No property shall, by virtue of this act, be exempted from levy for taxes, or for a debt contracted for the pui'chase thereof, or for any debt contracted befoie such deed or writing as aforesaid shall have been rebcrded according to law, nor shall buildings on land not owned by the debtor, be exempted from levy for the ground-rent of the lot of land whereon Buch buildings are situated. Such exemption shall not be deemed to defeat or otherwise affect any mortgage, or other incurnbrance or lien existing by virtue of any deed, attachment, policy of insurance, or otherwise. No conveyance by the husband, of any property ex-mpted as aforesaid, shall be valid in law, unless the wife join in the deed of conveyiance. If any judgment-creditor shall require an execution to be levied on propeity claimed by the debtor to be exempted from levy under this act, and the officer holding such execution shall be of opinion that the premises aie of gi'eater value than five hundred dollars, then appraisers shall be appointed to appraise the premises in the same manner as is provided by law for the levy of executions on real estate. And if in their judgment the premises be of greater value than five hundred dollars, arid can be divided without injury to the parties,. the said appraisers shall set off to the judgment-debtor so much of the said premises, including the dWvetlling-house, as shall appeai to them to be of the value of five hundred dollars, and the residue of the property shall be dealt with as 6ther real estate not exempted by law firom levy on execution: but if, in the judment of the appraisers, the said property can not be conveniently so divided, they shall maie and deliver to the said officer their appraisal of the value of said premises, and the said sheriff, or his deputy, shall deliver a copy there. of to the judgmient-debtor, ol other lawful occupant of said homestead. And it shall be the right of such jiudgment-debtor or other lawful occupant of the said premises, to pay on such execution the excess of the value of the said premises above the sum of five hundred dollars, and to continue to hold the said homestead as provided by this act; but in case the judgment-debtor shall not makle such payment within sixty days, then the judgment-credi. tor may require the preinises to be sold by such sheriff or his deputy, at public sale, after 16

'S2 SPECIAL LAWS OF MASSACHUSETTS. dulv advertising tire same, und out of the proceeds of said sale to pay to the debtor the Sun'of five hundred dollars, to be exempted from liability for his debts for one year'thereafter, and to apply the balance to such execution: Provided, that unless a greater sum than five hundred dollars shall be bid for the said premises, they shall not be sold, and the execution may be returned unsatisfied, for want of property to satisfy the same. Chattel Mortgages. No mortgage of personal property hereafter made shall be valid against any other person than the parties thereto, unless possession of the mortgaged property be delivered to and retained by the mortgagee, or unless the mortgage be recorded by the clerk of the town where the mortgager resides, and by the clerk of the town in which he principally transacts his business, or follows his trade or calling. Sixty days' written notice of intention to foreclose a breach of the condition, must be given to the mortgager or person in possession of the property, and a copy of the eame notice must be recorded in the clerk's office where the mortgage is recorded. Law Regulating Contracts.'No action shall be brought in any of the following cases:1. To charge an executor, administrator, or assignee, ih insolvency, upon any special promise, to answer damages out of his own estate; 2. To charge any person, upon any special promise, to answer for the debt, default, or misdoing of another 3. To charge any person upon an agreement made in consideration of marriage; 4.'Upon any contract for the sale of lands, tenements, or hereditaments, or of any interest in or concerning them; 5. Upon any agreement that is not to be performed within one year from the making thereof; unless the promise, contract, or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing. and signed by the party to be charged therewith, or by some person thereunto by him lawfully authorized. The consideration for such promise need not be expressed in the writing. No action shall be brought to charge any person, upon or by reason of any represen. tation or assurance made concerning the character, conduct, credit, ability, trade, or dealings of any other person, unless the same be made in writing, and signed by the party to be charged thereby, or by some person thereunto by him lawfully authorized. No contraact for the sale of any goods, wares, or merchandise, for the price of fifty dollars or more, shall be good or valid, unless the purchaser shall accept and receive part of the goods so sold, or 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. All contracts, written or oral, for the sale or transfer of any certificate or other evidence of debt due, by or from the United States, or any separate state, or of any stocks, or of any share or interest in the stock of any bank, or of any company, city, or village, incorporated under any law of the United States, or of any individual state, shall be absolutely void, unless the party or parties contracting to sell or transfer the same, shall at the time of making such contract, be the owner or assignee thereof, or shall be duly authorized, by some person who isjhe owner or assignee, or by the legally authorized agent of such owner or assignee, to sell or transfer the said certifidate or other evidence of debt, share or interest, so contracted for. Limitation of Actions. THE following actions shall be commenced within six years next after the cause of action shall accrue, and not afterward:1. All actions of debt, founded upon any contract or liability not under seal, except such as are brought upon the judgment or decree of some court of record of the United States, or of this or some other of the United States; 2. All actions upon judgments rendered in any'court, not being a court of record; 3. All actions for arrears of rent; 4. All actions of assumpsit, or upon the case, founded in any contract or liability, express or implied; 5. All actions for waste, and for trespass on land; 6. All actions of replevin, and all other actions for taking, detaining, or injuring, goods or chattels; 7. All other actions on the case, except actions for slanderous words and for libels.

SPEICIAL LAWS OF MASSACIUSETTS. 1 3 All actions for assault and battery, false imprisonment, slanderous words and libels, shall be commenced within two years next after the cause of action-shall accrue. All a6tions against sheriffs, for the negligence or misconduct of their deputies, shall be commenced within four years next after the cause of action shall accrue. None of the foregoing provisions shall apply to any action brought on a promissory lote which is sighed il the presence of an attesting witness, provided the action be brought by the original payee or his executor or administrator, nor to an action brought upon any bills, notes, or other evidences of debt, issued by any bank. In all actions of debt and assumpsit brought to recover the balance due upon a mutual and open account, the cause of action shall be deemed to have accrued at the time of the -last item proved in such account. If any person, entitled to bring any of the actions before mentioned in this act, shall be, at the time When the cause of action accrues, a minor, a married woman, insane, imprisoned, or absent from the United States, such person may bring them within the times respectively limited, after the disability shall be removed. All personal actions on any contract not limited by the foregoing sections, or by any other law of the state, shall be brought within twenty years after the cause of action accrues. In the case of an alien, the time during which his country is at war with the United States will not be computed. In case the defendant is out of the state, the time of such absence is not to be computed. No acknowledgment or promise shall be evidence of a new or continuing contract, whereby to take any case out of the operation of the provisions of this act, unless made or contained in some writing signed by the party to be chargeable thereby. If one of several debtors make such promise, it shall not deprive his co-contractor of the benefit of the provisions of this act. No one shall commence an action for the recovery of lands, or make entry thereupon, unless within twenty years after the right to make such entry or bring such action first accrued, or within twenty years after he or those from, by, or under whom he claims, shall have been seized or possessed of the premises. If any person entitled to such entry or action, shall be, at the time when such right of entry or of action first accrues, a minor, a married woman, insane, imprisoned, or absent from the United States, such person or any one claiming from, by, or under hin, may make the entry or bring the action at any time within ten years after stich disability shall be removed. If any minister or other sole corporation shall be disseized, any of his succesors may enter upon the premises, or may bring an action for the recovery thereof, at any time within five years after the death, resignation, or removal, of the person so disseized, notwithstanding the twenty years after such disseizin shall have expired. No executor, administrator, or administrator de bonis non, who has given legal notice of his appointment to that trust, shall be held to answer to the suit of any creditor of the deceased, unless commenced within four years from the time of his giving bond, provided however if new assets are found, such action may be commenced within one year after the creditor shall have notice of the receipt of such new assets, but not more than four years after the same shall be actually received. Actions against the sureties in any bond, given by the guardian of minors, insane persons, idiots. spendthrifts, must be commenced within four years from the time wheoi the guardian shall be discharged. Collection of Debts. ARREST.-No person shall be arrested or held to bail for any debt or demand arising on -ny contract made after July fourth, one thousand eight hundred and thirty-four, unless the plaintiff or some person in his behalf shall make oath before some justice of the peace that |le plaintiff has a demand against the defendant upon the cause of action stated in the writ,;'hich the deponent believes to be justly due, and upon which he expects the plaintiff will recover ten dollars or upward, and that the deponent has reasonable cause to believe that lie defendant is about to depart beyond the jurisdiction of the court to which the writ is returnable, and not to return until after judgment may probably be recovered on said suit, jo that he can not be arrested on the first execution, if any, which may issue in such suit. ATTACHMENT.-A1l real estates that are liable to be taken in execution may be attached upon the original writ in any action in which any debt or damages are recoverable, and held as security to satisfy such judgment as the plaintiff may recover. All goods and chattelsthat are liable to be taken in execution, may be attached and held as security as aforesaid, except such as from their nature or situation have been considered as exempted from attachment according to the principles of the common law as adopted and practised in this state.

184 dSPECIAL LAWS OF MASSACIIUS8ETTS, Deeds. CONVEYANCES of land, or of,any estate, or interest therein, may be made by deed, eteCt, ted by any pereon having authority to convey the same, or by.his attorney, and acknowl, edged and recorded as directed in this act, without any other act or ceremony whatsoever, The acknowledgment of deeds Shall be by the grantor or one of them, or by the attorney executing the same. The acknowledgment may be made before any justice of the peace in this state, or before any justice of the peace, magistrate, or notary public, within the United States or in any fore eign couitry, pr before any commissioner appointed for that purpose by the governor of this comfmonw:Vealth, or before any ninister or consul of the United States in any foreign country. A certificate of the acknowledgment of the deed, under the hand of the officer taling the same, shall be endorsed upon the deed or annexed thereto; and such deed and certificate may be recorded at length in tile egistry of deeds for the county where the lands lie, and no deed shall be recorded without such certificate. In this state a seal is necessary. The wife of a grantor need not be separately examined it is sufficient to bar her dower, if she join with her husband in the conveyance. (The form of acknowledgment is the satme as in Maine.) Rights of Married Women. ANY person capable in law of making a deed or will may convey, devise, or bequeath to any married woman, any property oi estate to be held by her without the intervention of a trustee, to her sole and separate use, free from the interference or control of her husband. Such conveyance, devise, or bequest. may be of an absolute estate, of an estate for life, or of a less estate, with any lawful limitations, after the termination of the estate so vested in such woman. Any grant or conveyance made as is above provided shall within ninety days from the delivery thereof, be recorded in the registry of deeds for the county in which the husband shall reside at the time of such delivery, or, if he be not a resident of this commonwealth, for the county in which the grantor shall then reside; and if such record be not made, any creditor of the husband may attach or seize on execution any of the property so conveyed, in like manner and with the same effect as if this act had not been passed. Nothing in thia act shall be so construed to empower any husband to convey any of his property to his wife in other manner or with anty other effect than if the same had not been passed. None of the property to be holden by any married woman, by virtue of the provisions of this act shall be used or employed for the purposes of trade or commerce; but the same shall be invested in real estate, in stocks of the United States, in state stock, in corporation stock, in personal securities, or in furniture in the actual use and occupation of such woman. Any policy of insurance made by any insurance company on the life of any person, expressed to be for the beinefit of a married woman, whether the same be effected by herself or by her husband, or by any other person on her behalf, shall enure to her separate Use and benefit and that of her children, if any, independently of her husband and of his creditors and representatives, and also independently of any other person effecting the same in her behalf, his creditors and representatives; and a trustee or trustees may be appointed by any court authorized to appoint trustees, to hold and manage the interest of any married wo. man in any such policy, or the proceeds thereof. Married women of the age of twenty-one years and of sound mind, may devise and dis. pose of any property held in her own right, and separate from that of her husband, with the husband's assent thereto, endorsed tlereon in writing, and may revoke such will at her pleasure without the husband's onisent i but if all the devises or bequests in such will are to the husband, or foi his benefit solely, his assent is not necessary. DOWER. —Every.woman shall be entitled to her dower at common law in the lands of her husband, to be assigned to her after his decease, unless she is lawfully barred thereof. A married woman may bar her right of dower in any estate conveyed by her husband, by joining with him in the deed conveying the same, and releasing her claim to dower, or by releasing the same by a subsequent deed executed jointly with her husband, or with his guardian: also by a jointure of fieehold estate in lands for the life of the wife at least, and to take effect in possession or profit immediately on the death of her husband; and also by a provision in the will of her husband in lieu of dower, at her election within six months after probate of the will. Rate of Interest. THE legal rate is six per cent. When the defence of usury is established, the defendant shall recover his full costs, and the plaintiff shall forfeit threefold the amount of the interest unlawfully reserved or taken. The party paying usurious interest may recover back three. fold the amount of the unlawful interest so paid. Wills. WILLS must be in writing, and signed by the testator, or by some other person in his presence and by his express direction, and attested and subscribed in the presence of the testator by three or more competent witnesses

SPECIAL LAWS OF RIIODE ISLAND. 185 RHODE ISLAND. Constitution adopted, 1842.-Square Miles, 1,340.-Population in 1850, 147,543. xempti ons. __'_:___:_: TiiFE household furniture and family stores of a hcuse- keeper shall not be liable to attachment on any warrant of distress, or on any writ, original or judicial: provided, the whole, including beds and bedding, do not exceed in value the sum of two hundred dollars.- Neither shall the necessary wearing-apparel of such, housekeeper and his family, nor one cow; nor one hog; nor his working tools necessary for his usual occupation; provided, the said tools do.not exceed In value the sum of fifty dollars; neither shall the working tools, not exceeding in value the sum of fifty dollars, nor the necessary wearing-apparel of any debtor, be liable to distress or attachment. Mechanics' Lien. WHENEVER any building, canal, turnpike, railroad, or other improvement, shall be constructed, erected, or repaired, by contract with, or at the request of the owner thereof, such owner being at the time the owner of the land on which the same then is, such building, canal, turnpike, railroad, or other improvement, together with the said land is hereby made liable, and shall stand pledged for all the work done in the construction,. erection, or reparation thereof, which have been furnished by any person who had contracted or been requested as aforesaid, to construct, erect, or repair the same, before any other lien which shall originate subsequent to the commencement of such erection, construction, or reparation, on such land. When such construction or reparation is done by contract, with, or at the request of any lessee or tenant, the interest and title of such lessee and tenant in the improvement and the land on which the same is located, shall stand pledged for all the work done and materials used and furnished, but not the interest of the landlord unless his written consent is first obtained assenting to such construction, erection, or reparation, and acknowledging his estate to be also holden for the payment thereof. So also the buildings and improvements and the estate in the land of one who is the owner of less than a freehold in the land, shall be pledged for the work done and materials furnished, but not the estate of the owner in fee of the land, unless his written consent is first obtained assenting to such construction, erection, or reparation, and acknowledging his estate to be also holden for the payment thereof. If the work be done under a written contract, then the lien shall be lost unless legal process be commenced for enforcing the same within four months from the time that any payment on such contract shall become due, if such payment shall not then be made. No person doing work or furnishing materials without written contract, shall have any lien unless he shall commence legal process for enforcing the same within six months from the time of commencing such work, or of commencing the delivery of materials if payment for the same shall not then be made. No person doing work at the request of any person who had entered into a contract, whether in writing or not, shall have any lien unless he'shall within thirty days after commencing the work, give notice in writing to the person against whose estate or title he claims a lien, that he has commenced the work and that he will claim the benefit of the lien created by this act. But this lien will be lost unless such person shall, within four months from time of giving such notice, commence legal process to enforce such lien. The commencement of legal process to enforce such lien shall be the lodging the account or demand for which the lien is claimed, in the office of the clerk of the town or towns in which the improvement is situate, with notice to what building, &c., and land, and to what or whose estate therein the account or demand refers. Twenty days before the term of the court of common pleas, in the county or counties in which the building, &c., shall lie, which shall be holden not less than twenty days next after the commencement of legal process aforesaid, the person so commencing the same shall file his petition in the clerk's office of said court, setting forth the particulars of his demand, describing particularly the building, &c., and land, and praying that the lien may be enforced against the same. and that the same be sold to satisfy the said damnand, and all other demands for which it is liable. 16 a

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188 SPECIAL LAWS OF RHODE ISLAND. Chattel Mortgages. No mortgage of personal property, hereafter made, shall be valid against any other person than the parties thereto, unless possession of the mortgaged property be delivered to, and retained by the mortgagee, or unless the said mortgage be recorded in the office of the clerk of the town where the mortgager shall reside at the time of making the same. Law regulating Contracts. No action shall be brought whereby to charge any executor or administrator upon his special promise to answer any debt or damage out of his own estate, or whereby to charge the defendant on his special promise to answer for the debt, default, or miscarriage of another person, or to charge any person upon any agreement made upon consideration of marriage, or upon any contract for the sale of lands, tenements, or heredita. ments, or the making of any lease thereof for a longer term than one year, or upon any agreement which is not to be performed within the space of one year from the making thereof, unless the promise or agreement upon which such action shall be brought or some note or memorandum thereof shall be in writing and signed by the party to be charged therewith, or by some other person by him thereunto lawfully authorized. Limitation of Actions. ALL actions of trespass, detinue or replevin: all actions of account, and upon the case, except on such accounts as concern trade or merchandise between merchant and merchant, their factors or servants; all actions of debt founded on any contract, without speciality; all actions of debt for arrearages of rent; actions of debt for other causes, and all actions of covenant, shall be commenced and sued within the time hereinafter directed, namely: - The said actions upon the case, except actions for slander, and the said actions of account, and the said actions for debt, founded upon any contract without speciality. o01 brought for arrearages of rent, and all actions of detinue or replevin, shall be com — menced within six years after the cause of the said actions; the said actions of trespass, and trespass and ejectment, within four years next after the cause of such action; and actions upon the case for words, within two years next after the words spoken; all actions of debt other than those before specified, and all actions of covenant, within twenty years next after the cause of said actions. If any person, against whom there shall exist any of the causes of action, aforesaid, be without the limits of this state or shall go out before the action is barred, and shall not have or leave property or estate therein that can be attached, the person entitled to such action may commence the same within the time before limited after such person's return into the state. If any person at the time any such action shall accrue to him, shall be a minor, femme covert, non compos mentis, imprisoned, or beyond the limits of the United States, such person may bring the same within such time as is hereinbefore limited, after such impediment is removed. Collection of Debts. ARREST AND ATTACHMENT.-In this state there is no exemption from arrest, except in the case of a female. By the revised laws it is provided that every original writ issued against a female founded on a contract not under seal shall be a writ of summons and not of arrest, that no execution shall issue against the body of any female on any judgment founded on contract not under seal, where the debt or damages recovered do not exceed the sum of fifty dollars; but she may be arrested, if the instrument be under seal, for any sum. It is also provided that wherever a writ authorizing an arrest shall be delivered to an officer for service, he shall use his best endeavors to arrest the body of the defendant, but if such officer can not find the body of the defendant within his precinct, he shall attach his goods and chattels to the value commanded in the writ; and that when he shall attach any goods or chattels on original writ, he shall keep the same in his hands as security to satisfy such judgment as the plaintiff may recover.

SPECIAL LAWS OF RHODE ISLAND. 189 Deeds. No estate of inheritance or freehold, or for a term exceeding one year in lands or tenaements, shall be conveyed from one to another by deed unless the same be in writing gigned, sealed, and delivered by the party making the same, and acknowledged before a senator, judge, justice of the peace, public notary, or town-clerk, by the party or parties who shall have sealed or delivered it, and recorded or lodged to be recorded in the office of the town-clerk of the town where the said lands or tenements lie. Any conveyance of lands within this state, or any instrument relating thereto, executed without the limits of this state and within the United States, may be acknowledged before any judge, justice of peace, mayor, or public notary, in the state where the same is executed; and if without the limits of the United States, before any embsssador, minister, charge de affaires, recognised consul, vice-consul, or commercial agent of the United States, in the country in which such deed or instrument is executed. A married woman may bar her right of dower in any estate conveyed by her husband, by joining with him in the deed conveying the same, and therein releasing her claim to dower or by releasing the same by subsequent deed jointly with her husband, or by joining in a deed given by a guardian of her husband. The wife acknowledging a deed shall be examined privily and apart from her husband; and shall declare to the officer taking such acknowledgment that the deed or instrument shown and explained to her by such magistrate is her voluntary act, and that she doth not wish to retract the same. Form of Acknowledgment. State of Rhode Island, Twit. County of Providence,''wt. On this sixteenth day of April, one thousand eight hundred and fifty-one, before me, peraonally appeared JOHN DOE, and SUSAN DOE his wife, and severally acknowledged the foregoing instrument to be their free and voluntary act and deed; and the said SUSAN, on a private examination, separate and apart from her hl.sband, declared to me, that the foregoing instrument, then by me shown and explained to her, is her free and voluntary act and deed, and that she doth not wish to retract the same. JOHN JONES, (seal) Justice of the Peace, It is requisite that a seal be use in this state, Rights of Married Women. THE real estate, chattels real, household furniture, plate, jewels stock, or shares in the capital stock of any incorporated company of this state, or debts secured by mortgage on property within this state, which are the property of any woman before marriage, or which may become the property of any woman after marriage, shall be, and are hereby so far secured to her sole and separate use that the same and the rents, profits, and income thereof, shall not be liable to be attached or in any way taken for the debts of her husband, either before or after his death. Any policy of insurance made by any insured company, on the life of any person, expressed to be for the benefit of a married woman, whether the same be effected by herself or by her husband, or by any other person ou her behalf, shall enure to her separate use and benefit and that of her children, if any, independently of her husband and of his creditors and representatives, and also independently of any other person effecting the same on her behalf, his creditors and representatives, and a trustee or trustees may be appointed by any court authorized to appoint trustees, to hold and manage the interest of any married woman in any such policy or the proceeds thereof. Provided, however, that the provisions of this act shall not apply to any policy upon which the amount of annual premium shall exceed the sum of three hundred dollars. DowER.-The widow of any person shall be endowed of one full and equal third part of all the lands, tenements, and hereditaments, whereof her husband or any other to his use, was seized of an estate of inheritance at any time during the intermarriage. Rate of Interest. TInE legal rate of interest is six per cent. In an action brought upon a usurious contract, the plaintiff can recover the principal, with legal interest and costs of suit. Wills. WILLS must be in writing, signed by the testator or by some person in his presence, and by his express direction, and attested and subscribee in the presence of the testator, by three or more conpetent witnesses.

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192 SPECIAL LAWS OF CONNECTICUT. CONNECTICUT. Constitution adopted 1818.-Square Miles 4,764.-Population in 1850, 371,982. -4 —Exemptions. ___ __ THERE is exempt from sale on execution the necessary apparel, bedding and household furniture ne_- ~ -. cessary for supporting lif; arms, military equipments; implements of the debtor's trade; one cow; sheep not exceeding ten; two swine, and the pork produced from I^j uo Etwo swine, or two swine, and two hundred pounds of, pork, being the property of one person; charcoal not exceeding twenty-five bushels; any quantity of coal, other than charcoal, not exceeding two tons; wheat5 flour, not exceeding two hundred pounds weight;'->>-^f=^ ~ wood, not exceeding two cords; hay, not exceeding two tons; beef, not exceeding two hundred pounds; fish, not exceeding two hundred pounds; potatoes or turnips, not exceeding five bushels of each; Indian corn or rye, not exceeding ten bushels of each, and the meal or flour manufactured therefrom; wool or flax, not exceeding twenty pounds weight of each, or the yarn or cloth made therefrom; one stove, and the pipe belonging thereto, being the property of any one person having a wife or family; the horse, saddle, and bridle, of any practising physician or surgeon, of a value not exceeding one hundred dollars; and one pew, being the property of any person or persons having a family, who ordinarily occupy the same. Mechanics' Lien. EVERY dwelling-house or other building with the land on which the same may stand, shall be subject to the payment of all sums exceeding two hundred dollars; due from the proprietor to the contractor for any work done or materials found, in erecting; constructing, or repairing such building, and the same shall be a lien thereon, and shall take precedence of any other lien or incumbrance which originated subsequent to the commencement of such building or repairs. Any sub-contractor or joint sub-contractors, having a legal claim for labor or materials to the amount of fifty dollars or more, and the contract between the subcontractor and the original contractor, be in writing, shall also have a like lien. Such lien continues only sixty days after the building is finished, or the contractor has ceased to labor thereon, unless he lodge with the town-clerk of the town in which such building is situate a certificate in writing, describing the premises and the amount claimed as a lien thereon, the same being first subscribed and sworn to as to the amount justly due, so near as the same can be ascertained, which certificate shall be recorded by the town-clerk with deeds of land. Chattel Mortgages. WHEN any one mortgages machinery, engines, or implements in any factory, or household furniture in a dwelling-house, or hay in a building, together.with the realty on which the same are situate, and particularly describes the personal property so mortgaged in the instrument of mortgage, it shall be as effectual to hold the personal as if it were a part of the real estate, although the mortgager retain pofes81iou.

IE-CIAL LAWS OF'CONNECTICUT 13 e <Ad gm, o ag' the s-aid personal property, situated as aforesaid,'witl? ot maor',aging the real, and shall execute, acknowledge, and record it in all respects as a mor.a age -of lad s, it shall be valid, though he -.etgageo retain the Possession. Law regalating Contracts. TNo suit shall b -brought upon any contract or agreement whereby to charge any eo ecutor or administrator upon may special promise to answer damages out of his ow estate, or whereby to Carge fine'defendant upon any special promise'to answer fe' the debt, default, or miscarriage of another person; or to charge any person upon any wagreement made upon consideration of marriage; or upon any contract for the sale of lands, tenements, or hereditaments, or any interest in or concernigm them; or upon any -agraeerent that is not to be performed within the space of one year from'the making thereof; uniless the contract or agreement, or some memorandum or note thereof, shall be made in writing and signed by the party to be'dharged'therewith,'or by -some other person thereunto by thim lawfually authorized. No contract for the sale of any goods, wares. or merchandise, for the price of thirtyfive dollars or upward, shall be allowed to be good, yunless the buyer shall accept para of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or unless some note or memorandum in writing, of the said bargain, shall be made and signed by the parties to be charged'by such contract, or by their agents, thereu'nto lawfully adithorized. Limitation of Actions. ESNTRY upo Rlands must b e ma -e within fifeen years after the right accrued, and ne such entry shall be sufficient unless an action be brought within one year thereafter. No action shall be brought on any bond, or writing obligatory, contract under zeal, or promissory note not negotiable, but within seventeen years after right accrued. Those egally incapable at the time such right accrued, may bring the same at any time within four years after becoming legally capable. Actions of account, debt on book, on'sinple contract, assumpsit founded upon implied contract or'upon any contract in writing not under seal, except promissory notee not negotiable, must be brought within six years. Those not capable may bring ig within three years after becoming capable. Actioas of trespass on the case must be brought within six years. Actions upon an express contract not in writing, of trespass, and actions upun the case for words, must be brought within three years. The time when the defendant is out of the stae is excluded from the computatfion Collection of Debts. ARREST.-No execution issued in an action founded on contract merely, express eo implied, shall be levied on the body of a debtor, except in actions founded upon prom ises to marry, on misconduct or neglect in any office or professional employment, or in actions instituted against a public officer, trustee, or any person acting in a fiduciary capacity, to recover moneys collected or received by him. Whenever any person shall be guilty of fraud in contracting a debt, or shall conceal, remove, withhold, assign, or convey away, his estate, moneys, goods, chattels, or choses in actions with intent to prevent the same from being taken by legal process, or shall refuse to pay any debt admitted by him, or established by a valid judgment, while having moneys or estate not exempt from execution, sufficient to discharge the same, con' cealed or withheld by him so that the same can not be taken by legal process, or shall refase to disclose his rights of actions, with intent to prevent the same from being taken by foreign attachment, any creditor aggrieved thereby may institute an action on the case, against such person, setting forth his debt in the declaration, and also setting forth particularly such fraudulent act, or acts, and have process of attachment and execution against the body of the defendant, to be proceeded with in all respects as in other actions of tort. ATTACHMENT.-Attachments may be granted against the goods and chattelS of the defendant, and for want thereof, against his lands, or against his person when not ex empt from imprlsowneat on tha execution of the suits 17

194 — SPECIAL LAWS OF CONiECTIC'UT. Deeds. AL, grants, bargains, and mortgages of land, shall be in wvrititg, subscribeda y fts grantor, and attested by two witnessefs. They shall be acknowledged by the grantor or grantors to be his or their free act and deed, efore a justice of the peace or notary public, or before a judge of the supreme or district -*ourt or the United States, or of the supreinse or st-iperior court or court of eommson pleas or county court, of any individual state or before the tcormisaioner of the school fund, or before a conmissione or other officer having power to take ackiowledgments of deeds, or before a county surveyor when the land lies in his county, and when deeds are executed by an attorney duly authorized, his acknowledgment will be sufficient. When the grantor resides in any foreign state or cou.try, they may be acknowledged to be his or their free act or deed, before any United States consul, resident in esich foreign Btate or country, or before any notary public, or justice of the peace, in such foreign state or country. They must be recorded at length by the register or tow-cierkt of the tmown where suce lands are; and where deeds are executed by a power of attorney, such power of attorney shall be recorded with the deed. Itis requisite that a SEAL be used in this state. The wife need not be privately examined apart from her husband. Form of acknowledgment same as in Maine. Rights of Married Women, THs interest of a married man in the real estate of his wife, belonging to her at the tfme of their intermarriage, or which she may have acquired by devise or inheritance during coverture, shall not be liable to be taken by execution against him, during the life of the wife, or the life or lives of children the issue of such marriage. All real estate acquired during coverture by the personal services of the wife, and all personal property acquired by or accruing to her during the abandonment of her husband, or while living apart from him by reason of his abuse or habitual'intemperance, is her sole and separate estate. When the real estate of a married woman is sold, and the avails invested in her name or: for her benefit. the same is construed in equity to be her separate estate, and is not liable for the debts of her husband. Allpersonal estate which shall hereafter accrue, during coverture, to any married man, imr right of his wife, by virtue of bequest to her, or distribution to her, as heir at law, and all property derived from the sale or investment thereof, shall vest in him in trust for the use of his wife; and at his decease, if undisposed of, vests in the wife, or her devisees, lega. tees, or heirs at law. Husband is entitled to the rents and profits of said estate, but such rents and profits can not be taken for his debts-except debts contracted for the support of the wife and her chil; dren after such estate has vested in him as aforesaid. No sale or transfer of such estate by the husband is valid unless by consent of the wife, or if she be dead the consent of those in whom her estate shall have vested —and they must join with the husband in the conveyance thereof. Courts of probate may call husband to account and remove him from being trustee and appoint a trustee in his place. An insurance on the life of any person, expressed to be for the benefit of a married woman,. will enure to her separate use and benefit, independent of her husband and his creditors and representatives, provided the annual premium shall not exceed one hundred and fifty dollars, unless paid from the private property of the wife. Whenever any married woman shall earn wages by her own labor, payment of the same: may be made to her, and when made shall be valid in law as though made to her husbands and no debt for the wages of a married woman, earned as aforesaid, shall be liable to be taken by virtue of any.process against her husband. Payment to a married woman of any money deposited by her, either before or after marriage, shall be valid, and her receipt shall have the same effect as that of her husband; not to affect right of husband's creditor to levy. DowErt.-The widow shall have right of dower in one third part of the real estate of which her husband died possessed in his own right, to be to her during her natural life. Rate of Interest. THn legal rate of interest is six per cent. In usurious contracts the principal can be re covered without the interest. Persons guilty of taking usury forfeit the whole of the inter est-one half to him who shall prosecute to effect, one half to state treasury. Wills. ALL wills hanll be in writing, subscribed by the testator, ad attested by three wJItassm 0 of Want Mbu iba g s bis is pre'oao

SPE CIAL LAWS OF NEW YORK, 19D NEW YORK. Constitution adopted, 1846.-Square Miles, 46,085.-Population in 1850, 3,090,018. Exemptions, THE.RE is exempt from execution, when owned by I-:_ —' - - tany person being a householder, the following property: all spinning-wheels, weaving-looms, and stoves, kept for use in any dwelling-house; the family Bible, family pictures, and schoolbooks used in the family, and a family library not exceeding in value fifty dole lars; church-pew; ten sheep, and three fleeces, and the yarn or cloth manufactured from the same; one cow, two swine, and necessary food for them; all ne- jo L cessary pork, beef, fish, flour, and vegetables, actually _*:;,'^ ^ _ - ~ provided for family use, and necessary fuel for the use of the family for sixty days; all necessary wearingapparel, beds, bedsteads, and bedding, for such person and his family; arms and accoutrements required by law to be kept; necessary cooking-utensils; one table, six chairs, six knives and forks, six plates, six teacups and saucers, one sugardish, one milkpot, one teapot, and six spoons; one crane and appendages, one pair of andirons, and a shovel and tongs; the tools and implements of any mechanic necessary to the carrying on of his trade, not exceeding twenty-five dollars in value. IN ADDITION to the foregoing, there is exempt necessary household furniture, and working tools and team, owned by any person being a householder, or having a family for which he provides, to the value of one hundred and fifty dollars: this exemption not to exist if the demand be for the purchasemoney of such furniture, tools, team, &c. See page 205, W ille, EVERY last will and testament of real or personal property, or both, shall be executed and attested in the following manner:1. It shall be subscribed by the testator at the end of the will. 2. Such subscription shall-be made by the testator, in the presence of each of the attesting witnesses, or shall be acknowledged by him to have been so made, to-each of the attesting witnesses. 3. The testator, at the time of making such subscription, or at the time of acknowledging the same, shall declare the instrument so subscribed to be his last will and testament. 4. There shall be at least two attesting witnesses, each of whom shall sign his name as a witness, at the end of the will, at the request of the testator. The witnesses to any will shall write opposite to their names their respective places of residence:* whoever shall neglect to do so, shall forfeit fifty dollars, to be recovered by any person interested in the property devised or bequeathed, who will sue for the same. * If residing in a city, the street and number of the house should also be given.

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198 SPECIAL LAWS OF NEW YORK. Mechanics' Lien. I ANY person who shall hereafter, by virtue of any contract with the owner thereof, or his agent, or any person who in pursuance of an agreement with any Buch contractor, shall, in conformity with the terms of the contract with such owner or agent, perform any labor or furnish materials in building, altering, or repairing any house or other building in the several cities in this state (except the city of New York), and in the villages of Syracuse, Williamsburgh, Geneva, Oswego, Auburn, and Canandaigua, shall have a lien for the value of such labor and materials, upon suchhouse or building and appurtenances, and upon the lot of land on which the same stand, to the extent of the right, title, and interest, at that time existing of such owner, in the manner and to the extent hereinafter pro. vided; but the aggregate of all the liens authorized by this act to be created, for the labor performed and materials furnished, shall not exceed the price stipulated in the contract with such owner or his agent to be paid therefor., 2. The person performing such labor or furnishing such materials shall cause to be drawn up specifications of the work by him contracted to be perfermed or materials to be furnished, and stating the price or prices agreed to be paid therefor, and shall file them, or if there be a contract in writing, a true copy thereof in the office of the clerk of the county in which the city or village may be situated, and serve a notice thereof personally on such owner, or his said agent, within twenty days after the making such contract, or after commencing such labor, or the furnishing of said materials. Time extended to 30 days in Buffalo. ~ 3. The lien so created by this act shall take effect from the time of such filing and such service of said notice, and shall continue in full force for the space of one year thereafter. ~ 4. Any owner and any contractor or laborer, or any person furnishing materials in pursuance. of. any contract made by such contractor with such owner, or his said agent therefor, may, after such labor has been performed or materials fur nished, enforce or bring to close such lien, by serving or causing a notice to be served personally on such owner or his agent, contractor or laborer, or person furnishing materials, requiring him to appear in the court of common pleas of the county, or in a justice's court of the city or village in the county in which such building is situated, either in person or by attorney, at a time certain on some day to be specified in such notice, not less than twenty days from the service thereof, and submit to an accounting and settlement in such court of the amount due'or claimed to be due under such contract, for the labor thus performed, or the materials thus furnished. ~ 5. At the time of, or within ten days after the service of such notice, a bill of particulars of the amount claimed to be due shall be served personally on such owner, and accompanying the same shall be a notice to produce a bill of particulars of any offset which may claimed to the same within ten days thereafter, which shall be served in like manner. 9. Any person performing such labor or furnishing such materials, in pursuance of any agreement made by him with the original contractor with such owner or his said agent, who shall have done the acts prescribed by the second section of this act, to create a lien therefor, shall have a lien for only such labor as shall be performed and for only such materials as shall be furnished subsequently thereto. ~ 10. Aniy such person, within thirty days after such labor has been performed or such materials have been furnished, and claiming to have a lien therefor, shall produce-iand deliver to the owner or his agent a statement in writing, signed by himself'aid the said contractor, specifying how much is due to such person for suchibabordone or materials furnished; or, in default of so doing, shall take the necessary proceedings against such contractor to procure an accounting and settlement of the amount due or owing for such labor or materials. The amount so ascertained to be due shall be paid by the owner, and the same shall be deemed tobe a payment by the owner on the contract made with such owner or his egent.

SPECIAL LAWS OF NEW YORK. 19I The above rrovisons are extended to the town of Kingston, in the county of Ulster. The same provisions are extended to Richmond county, except that the bill of particulara,,ud of offset required by the fifth section may be served at the timne or within fifteen days after the service of such notice. By act -of M51, provision is made for a lien in Westchester, Putnam, and Ulster countieso MLIEN FOR TEE CITT OF NEW YORK. ANT person who shall hereafter, by virtue of any contract with the owner thereof or his agent. or any person who, in pursuance of an agreement with any such contractor, shall, iu conformity with the ters a of such contract, perform any labor or furnish materials in building, altering, or repairing, any house'or other building, or appurtenances to any house or other building, in the city of New York, shall, upon filing the notice prescribed in the sixth paragraph, lave a lien for the value of such lal-or and materials upon such house or building and- pp'rtenances, and upon the lot of land upon which the same stand, to the extent of the right, title, and interest, at bhat time existing, of such owner, in the manner and to the extent hereinafter provided; but such owner shall not be obliged to pay for, or on account of such house, other building, or other appurtenances, in consideration of all the liens aun thorized by this act to be created, any greater sum or amount than the price stipulated and agreed'to.'be paid terefor in and by such contract. Any person furnishing such materials or performing such labor, in pursuance of a written contract with each owner or his agent, shall produce such contract, or the best evidence thereof in his possession, the validity of which shall be established in evidence before the court in which he may bring his suit to recover the value of his lien, and shall recover no Wore than the price stipulated to be paid to him in such contract. Any person performing such labor or furnishing such materials, without a written cooe tract with such owner or his agent, shall produce evidence as mentioned in the preceding paragraph, to establish the value of such labor or;materials, and that the same were used.y the said owner or his agent, or the original contractor in the erection, alteration, or re,airing, of such building. Any contractor or laborer,,or any person furnishing materials in pursuance of any con~ tfact made by such contractor with such owner or his said agent therefor, may, after such labor has been performed or materials furnished, enforce or bring to a close such lien, by serving or causing a notice to be served personally on such owner or his agent, contractor, or laborer or person furnishing materials, requiring him to appear in the court of common pleas, or, provided the amen.at claimed do no exceed -one hpndred dollars, in a justice's -court of the judicial district in which such building is situated, or in the marine court of said city and county of New York, either in person or by attorney, at a time certain upon some day to.be specified in such notice, not less than twenty days from the service thereof, and submit to an accounting and settlement in such court, of the amount due or dlaimed to be due for'the labor thus performned, or the materials thus'furnished. At the time, or within fifteen days after the service of such notice, -abill of particulars of bhe amount claimed to lhe due shall be served personally on such owner, or his legal representatives, and also a bill of particulars of any offset which may be claimed to the sam~ shall be served in like manner,upon the lborer, contractor, or person furnishing materials, as the case,may be. Withi- six months after the performance of sech labor.or the furnishing of such matert. les, thefcontractor, sub-contractor, laborer or person furnishing materials shall serve -a no. tice in writingupon the,countyclerk, specifying the amount of thaclaim, and the person against whom the claim is made, the name of'the owner of the building, and'the situation of the building, by its -street and number, if the number be known. In case said ovmer.shall not appear at -the. tine and place specified in the notice given, in!pursuance of the requ irements of the fourth and fifth paragraphs, then, on filing with the county clerk, or with the clerk of the marine court, or with the justice, an affidavit of the service of such notice, and of the default of the owner to appear, a writ of inquiry may be issued-to the sheriffof said city and county, to assess the amount of such claim, or the amount of such claim may be assessed by the -courtof;common pleas, justice's court, or the.marine court, as the case maybe,; and upon the return of the writ of inquiry, or the assessment by the court, judgment -"hall be entered upon the satme, and execution shall issue for the enforcement of said claim so adjudicated and established, in the same manner as in.cases upon other judgments in such courts. On the appearance of both parties in pursuance of the above requirement, issue shall -be joined upon le claims made, and notice of set-off served, and the same may be noticed for trial asi put upon the calendar of said court by either party,jand shall:be governed, tried.and the juidment thereon enforced,iun al,respects in the same manner as upon issues joined eand judgments rendered in all -other-. ivil actions for the recovery of moneys in said court. T.he judgament obtai.nee -may be filed by the successful party with the county clerk, who shall record the name'of -the court, amount of judgment ii Hfor.claimant, or where the judgwent is against the claimant, the word, " discharged" -shall be entered against it. The lien may be discharged as follows8: 1. By filing a certificate of the claimant or hie successors In interest, acknowledged.or proved in the samne manner as the satisfaction of a anortgage, stating that the lien is discharged: or-2. By the deposite with the clerk of a.sum of mQuey equal to the amount claimed, which money shall thereupon be held subject to the lien: or-8. By an entry <?f theclerk made in the book of liens, after one year has elapsed since the filing of the claim, stating that no notice has been given to him of legal.steps to (enforce,the lien: or-4. By an affidavit of service of oa antie -from the -owner to the claim=s~VSwis sg himaz -o cux f atian sor g e G'of is Sieason e oI-e.&c

2vo SPEQ~-CIAL L.AW' OF NEW TY Z lain he. or cty speclfled tin said notice, and the lapse of thirty days thermalter,'ori tvuaaot affidavit fiom the claimant being filed of the service of the notice required in the furth pag-; agrapi;.- on-5. By satisfaction' of the lien, upon an action -br the enforcement theroof: Every lien created under the first paragraph of this act, shall continue until the expirationb of onei year from the. creation- thereofj and until judgment rendered in any proceedings for she enforcement thereofi MIEN 0 a SHIPS. WHENEVER a debt, amrounting to fifty-dollars or upward, s al' be con tacted by the ma"s Ter, owner, agent, or consignee, of any ship or vessel within this state,, for either of the folb Sowing purposes-1- On-account of any work done or materials furnished in this state, fobi or toward, the building, repairing, fitting,, furnishing, or equipping, such ship or vessel;, 2. For such provisions and stores furnisfied within this state as may te fit and proper for the use of such vessel at the time when the same were furnished: 3. On,aceount of thewharfage and the expense of keeping such vessel in, port, including the expense incurred, in emp-loying persons to watre her-such debt sh.a11 be a lien upon such ship or vessel, hertackle, appa el,. and. furniture,. and, shall, be preferred to all other liens, thereon). ex. pt marers' w ages. When the ship or vessel shall depart from the por-t at which she was when such debt wacontracted,. to some other port within this- state, every such debt shall cease to be a lien at she expiration of twelve d'ays after the day of sulch departure; and in all cases such lien shall: eae-imm. ediately after the vessel shall have left the state.. Whenever any. ship or vessel shall have beenrun. down or run afoul of by any other ship, or vessel,.through the negligence or wilful misconduct of those navigating suqhh.other ship, or vessel,. and shall thereby have sustained damage to the extent of.fifty. dollars or upward the owner of said ship or vessel so, sustaining damsage shall have a lien upon the ship onX vessel.eausing such. damage in. manner aforesaid, her tackle,. apparel, and furniture, to theextent of such damage. The lien shall cease unless awarrant toenforce the same ba iasuet withino twenty days after the damage shall be done. Chattel Mortgages EvESRY' mortgage of personal property which shall not be aacompa.nied. with; an, iimmediate delivery, and be followed by an actual and continued change of, possession. of theo things mortgaged, is absolutely void as against the creditors. of the mortgager and subse~ quent mortgagees and purchasers in good faith, lmless the mortgage, or a true copy thereofi shall be filedin the several towns and cities of the state where the amortgager, if a resident' of the state, resides; if he be not a resident, thens in the city. or town where the property mortgaged shall he atithe time of the e eelUtionof. the mortgagt.'n.the sity of New Yosrot they must be filed inthe register's office; in the several towns in which the county clerk'sa sffice ia kept,. in the county clerk's office;, in other towns, in the town clerk?a ofbice. Law Regulating Contracts. EVERTr contract for the leasing for a longer period than one year, or -or the- ale-of any' bhnds,. or'any interest in landa, shall be void unoless;the contract, or some ente or memoranrr dum thereof, expressing the consideration, be in writing, and be subscribed by the party by' whom, the lease or sale is to-ba made, or subscribed by the agent of such party lawfully.' autho.ized. In the following- cases, every agreement shall, be void, unlesa such agreement, or somenote. o- memorandum- thereof, expressing the consideration; be- in:-writing, and subscribed! by the party to be charged therewith,: 1. Every agreement t-hat, by its- terms, is not to be performed within one year from-the making thereof: 2. LEvery special- pronmise to answerIor the-debt, default, or miscarriage, of another person. 3. Every agreement, promise, or undertaking, made upon consideration of marriage, except mutual promises-to marry. Every contract for the sale of any goods, chattels, or things in- action, fbr the price of fiftydollar or more, shall be-void, unless-1. A note'or memorandumn of such conduct be made' in writing, and be subscribed by the parties to be charged thereby: or —2. UIhless the buyer' shall, accept and reseive pa't of such goods, or the evidences, or some of them, of such' things in action.: or-3. Unless the buyer shall, at the tim:e, pay some part of the-purchasemoney:. Whenever- goods shall be-sold, at public- auction, and' the auctionear-shall, at the time of sale, enter in a sale-book a memorandum specifying the natore and price of the property aold, the terms of the sale, the name of the purchaser, and the name of the person on whose, account the sale is made,.sutih memnoranduam shall be deemed a note of the contract of salewithin the- meaning of the last section. Limitation of Actions. Ni'action- for the- recovery of real property, or for the recovery of'the. possession tlere.oen shall be maintained, unless it appea-r that the- plaintif', his ancestor, pred'ecessor, ograntoe., was aet -"d; or pos essed- of tle pr einae, ia nea, it -hin-.LA eatser - er,.o e..eM's tih.e aos> maeasste&- - &wh. actiosu

SPECIAL LAWS OP NEW YORls O01 No entry upon real estate shall be deemed sufficient, or valid as a eala, tin ess an action be commenced thereupon within one year after the making of such entry, and within twenty years from the time when the right to make such entry descended or accrued. An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or an action upon a sealed insti.ment, shall be commenced Within twenty years. The following actions shall be commenced within six years:1. An action upon a contract, obligation, or liability, express or implied, eOs cepting those mentioned in the previous section. 2. An action upon a liability created by statute, other than a penalty or forfeiture, 3. An action for trespass upon real property. 4. An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property. 5. An action for criminal conversation, or for any other injury to the person ov rights of another, not arising on contract, and not hereinafter enumerated. 6. An action for relief, on the ground of fraud; in cases which heretofore were solely cognisable by the court of chancery; the cause of action in such case not to be deemed to have accrued, until the discovery by the aggrieved party, of the facts constituting the fraud. An action against a sheriff, coroner, or constable, upon a liability incurred by the doing of an act in his officialcapacity, and in virtue of his office, or by the omission of an official duty, including the non-payment of money collected upon an execution, shall be commenced within three years; but this section shall not apply to an action for an escape. An action for libel, slander, assault, battery, or false imprisonment, or an action upon a statute, for a forfeiture or penalty to the people of this state, shall be commenced within two years. In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side. Collection of Debts. ARREST.-No person shall be arrested in a civil action except as prescribed by this act. The defendant may be arrested, as hereinafter prescribed, in the following cases -- 1. In an action for the recovery of damages, on a cause of action; not arising out of contract, where the defendant is not a resident of the state, or is about to remove therefrom, or where the action is for an injury to person or character, or for injuring or for wrongfully taking, detaining, or converting property. 2. In an action for a fine or penalty, or on a promise to marry, or for money received, or property embezzled or fraudulently misapplied, by a public officer or by an attorney, solicitor, or counsellor, or by an officer or agent of a corporation or banking association, in the course of his employment as such, or by any factor, agent, broker, or other person in a fiduciary capacity, or for any misconduct or neglect in office, or in a professional employment. 3. In an action to recover the possession of personal property unjustly detained, where the property or any part thereof has been concealed, removed, or disposed of, so that it can not be found or taken by the sheriff. 4. When the defendant has been guilty of a fraud, in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property, for the taking, detention, or conversion of which, the action la brought. 5. When the defendant has removed or disposed of his property, or is about to do to, with intent to defraud his creditors.

202 SPECIAL LAWS OP NEW YOItP. But no female shall be arrested in any action, except for a wilful injury to pera son, character, or property. Before making the order, the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least one hundred dollars. ATTACHMENT.-In an action for the recovery of money, against a corporation created by or under the laws of any other state government orcountry, or against a defendant who is not a resident of this state, or against a defendant who has absconded or concealed himself as hereinafter mentioned, the plaintiff, at the time of issuing the summons, or at raly time afterward, may have the property of such defendant attached, in the manner hereinafter prescribed, as a security for the satisfaction of such judgment as the plaintiff may recover. The warrant may be issued whenever it shall appear by affidavit that a cause of action exists against-such defendant, specifying the amount of the claim, and the grounds thereof, and that the defendant is either a foreign corporation, or not a resident of this state, or has departed therefrom with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent. Before issuing the warrant, the judge shall require a written undertaking on the part of the plaintiff, with sufficient surety, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain, by reason of the attachment, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars. The warrant shall be directed to the sheriff of any county in which property of such defendant may be, and shall require him to attach and safely keep all the property of such defendant within his county. Several warrants may be issued at the same time to the sheriffs of different counties. Deeds. EVERY grant in fee or of a freehold estate shall be subscribed and sealed by the person from whom the estate or interest conveyed is intended to pass, or his lawful agent; and if not duly acknowledged previous to its delivery, according to the provisions [below], its execution and delivery shall be attested by at least one witness; or if not so attested it shall not take effect as against a purchaser or incumbrancer, until so acknowledged. Every conveyance of real estate within this state, hereafter made, shall be recorded in the office of the clerk of the county where such real estate shall be situated; and every such conveyance not so recorded shall be void as against any subsequent purchaser, in good faith and for a valuable consideration of the same real estate, or any portion thereof, whose conveyance shall be first duly recorded. To entitle any conveyance, hereafter made, to be recorded by any county clerk, it shall be acknowledged by the party or parties executing the same, or shall be proved by a subscribing witness thereto, before any one of the following officers:If acknowledged or proved within this state, justices of the supreme court, judges of county courts, mayors and recorders of cities, commissioners of deeds In cities, justices of the peace in the several towns of this state; but no county judge or commissioner of deeds for a city, nor justice of the peace for a county, shall take any such proof or acknowledgment out of the city or county for which be was appointed: If acknowledged or proved out of this state, and within the United States, the chief justice and associate justices of the supreme court of the United States, district judges of the United States, the judges or justices of the supreme, supe

15MiAL LAWS O' NMEW YORaK 6%^ iv e2rcuit court, of any -state or territory willin the United gStaes, and the dtiefj dge -or any associate judge of -he circuit court of the United States in the Distr-it of'Ooki bia; Ibut no proof or acknowvedgment, taken by any such officer, shall entitle a conveyance to be recorded, uanless taken within some place or tettitory to which the jurisdiction-of the court to which he belongs extends: In ftoeign countries, before any consul of the tUnited:States resident in any foreign port or country, duly certiied under their hand and seal office. The proof asdknowledg-n mt of any deed, When made by any person resbding out of this state, and widiin any other -state or territory of the United States Inay be made before any officer df such state ot territory, -authorized bythe laws thereof to take the prodf und acknowledgment of deeds provided that no such _cknowledg eat hsiall be valid unless the edfcer taking the -same shall know or have satisfactory eviden eehat the person making -aue acknowledgment is the Individual described in, and who executed the said deed. There shall be subjoined t the certificate of proof-or acknowledgmoen signed b y suc'dh 6ticer, -a certificate under the name and offcial seal of the clerk or register of the county "in Iwich suoh officer resides, specifying that such offlcer was, at the time of taking stch proof or aelmowledgment-, duly authorized to take the same, and that such cderk or register is well acquainted with the handwritingd such off}cer, an-d vetily believes that the signature to said certificate -of proof and acknowledgment is genuine. No a-cknowledgment of any-conveyance having been executed shall be taken ~by any officer, unless the oficer taking the same shall know or have satisfactory evidence that the person making such acknowledgment is the individual described ki and Awo execated such cnveyance. The acknowledgment of a mafried woman residing within this state, to a cozveyance -purporting to be executed by her, shall not be taken, unless, in addition o'the.'eqviiites contained in the preceding section, she acknowledge; on a private examination, apart from her husband, that she executed such conveyance &reely, and without any fear or compulsion of her husband. When any married woman, not residing in this state, Ahall join with her huo band i any conveyance of any real es tae ituate witae itin this state, the conveyance ihgll rI ve the same effect as if she were sole; and the acknowledgment or proof of the execution'of such conveyance by ber may be the same as if she were sole. Ferm of Acknowledgment. State of New York,...t Couinty of Kings, to wt On thisfirst day of October, one thousand eight hundred and fifty, before msa personally came JoHN Do- and SsJAN his wife, to me known to be the individaals described in and who executed the foregoing conveyance, and acknowledged that tey executed tie same land the said SUSAN, on a private examination, separate and aprt from her husband, acknowledged that she executed the same freely, and without any fear or compulsion of her said husband]. JOHN JONES, Justice of the Peace. Where there is no wife, the parts referring to her may be omitted. Form of Certificate of Pro'of by thet subscribing Witness. State of New York, to wit County of Kings, w: On thisfirst day of October, one thousand eight hundred and fifty, before me personally came JOHN SMITH, subscribing witness to the foregoing conveyance, to me known, who being by me duly sworn, did depose and say, that he resides In the town of Bushwick, in said county; that he knew JoHN DoE, the individual described in and who executed the said conveyance; that he was present, and did see -the said J owN DoE sign, seal, and deliver the same, as and for his act,nd deed; and thattile said JoHr Doe then acknowledged the execution thereof whereupoa the said JOHN f Ta became the subscribing witness thereto. JOHN JONES, Justice of te Peace

4 mTE'CTA-L LAWS O' IiENW T.GIM Rights of Marned Womem Tax rea~ andt personal property of any female who may hereafter manry, ni which' she shall' own at, the time of marriage, and the rents, issues, and profit. thereof, shall not be subject to the disposal of her husband, nor be liable for his debts, and shall: continue her sole and separate property, as if she were & singln female: Any married female may take, by inheritance,, or by gift,. grant, devise, or bequest, fronr any person other than her husband,. and hold to her sole and separate use, and convey and. devise real and personal property. -and, any interest or estate therein, and the rents, issues, and profits thereof) in the same manner and with like effect as-if she were-unmarriedi and the same shall not be subject to, the disposal of her husband, nor be liable for his debts. Any person, who may hold, or may hereafter hold, as, trustee for any married woman, any real, or personal; estate, or other property, under any deed of con-. veyance or otherwise; on the written request of suchb married woman, accompanied by a certificate of a justice of the supreme court, that he has examined the, condition and situation of the property, and made due inquiry into the capacity of such.'married, woman' to manage and control' the same, may convey to suchi married woman, by deed or otherwise, all or any portion, of such property, or the rents, issu-es, or profits thereof+ for her sole and separate use and benefit. All contracts made between persons in contemplation of marriage slall' remain In full force after such marriage takes, place. It shall be lawfulfor any married woman, by herself and- in-her name,. or in thob name of any third person, with his assent,. as her -trustee, to cause to be insured,. for her sole use, the life of her husband for any definite period, or for the term-. of his natural life; and in' case of her surviving her husband, the suma or ne~ amount of the insurance becoming due and payable,. by the terms of the insurance, shall be payable to her, to and for her own use, free from the claims of the representatives of her husband or of a-ny of his creditors; but such exemption shall not apply where the amount of premium. annually paid shall' exceed thre'e' liundred- dollars. In case of the death of the wife before the decease of her husband, the amount of the insurance may be made payable, after her death, to her children, for their ase, and to' their guardian if under age. Every married woman, being a. resident of this state, who shall receive. -. patent for her own invention, pursuant to the- laws of the United States, may hold and enjoy the same, and all the proceeds, benefits, and profits thereof and of such invention, to her own separate use, free and independent of her husbandr' and his creditors, and may transfer and dispose thereof, and in every respect perform all' acts in relation thereto, in the same manner as if she were unmarried. but this acet shall not authorize such married woman to contract any pecuniary obligations to be discharged at any future time. When. any deposite shall be made in- any savings bank or institution, by any (fmale, being or hereafter becoming a married woman, in her own name, it shall; be lawful for the trustees or officers of such bank or institution to pay such depose itor such sum or sums as may be due such female, and the receipt or acquittance of such- depositor ahaBl~ be a sufficient legal discharge to the said corporation Iherefor. Dowvt.-A widow shalT be endowed with the thiid part of &11 the lands whereof her husband was seized, of an estate of inheritance, at any time during obe marriape. Ratoe of Interest. Ta: legal rate to seven, per cent. All coatracts, whereby a higher rat.. iasaerve4, are vold. Corporations can not net utp the defeao o~Sf usry,

SPECIAL LAWS o1 NEE TORI. f20 Homestead-/Exemption Law. Its addition to the property now exempt by law from sale under execution, there shall be exempt by law from sale on execution for debts hereafter contracted, the lot and buildings thereon, occupied as a residence and owned by the debtor, being a householder and having a family, to the value of one thousand dollar. such exemption shall continue after the death of such householder, for the benefit of the widow and family, some or one of them continuing to occupy such homestead until the youngest child becbme twenty-one years of age, and until the death of the widow. And no release or waiver of such exemption shall be valid unless the same shall be in writing,'subscribed by such householder, and acknowledged in the same manner as conveyances of real estate are by law required to be acknowledged. To entitle any property to such exemption, the conveyance of the same shall show that it is designed to be held as a homestead under this act? or if already purchased, or the conveyance does not show such design, a notice that the same is designed to be so held shall be executed and acknowledged by the person owning the said property, whicl shall contain a full description thereof, and shall be recorded in the office of the clerk of the county in which the said property ia situate, in a book to be provided for that purpose, and known as the "Homestead& Exemption Book." But no property shall, by virtue of this act, be exempt from sale for non-payment of taxes or assessments, or for a debt contracted for the purchase thereof, or prior to the recording of the aforesaid deed or notice. If, in the opinion of the sheriff holding an execution against such householder, the premises claimed by him or her as exempt, are worth more than one thousand dollars, he shall summon six qualified jurors of his county, who shall upon oath, to be administered to them by such sheriff, appraise said premises, and if, in the opinion of the jury, the property may be divided without injury to the interests of the parties, they shall set off so much of said premises, including the dwelling house, as, in their opinion, shall be worth one thousand dollars, and the residue of said premises may be advertised and sold by such sheriff. In case the value of the premises shall, in the opinion of the jury, be more than one thousand dollars, and can not be divided as is provided for in the last section, they shall make and sign an appraisal of the value thereof, and deliver the same to the sheriff, who shall deliver a copy thereof to the execution debtor, or to some of his family, of suitable age to understand the nature thereof, with a notice thereof attached, that unless the execution debtor shall pay to said sheriff the surplus over and above one thousand dollars within sixty days thereafter, that such premises will be sold. In case such surplus shall not be paid.within the said sixty days, it shall bg lawful for the sheriff to advertise and sell the said premises, and out of the prcceeds of such sale to pay to such execution debtor the said sum of one thousand dolla.s, which shall be exempt fionm execution for one year thereafter, and apply the balance on such execution; provided, that no sale shall be made unless a greater sum than one thousand dollars shall be bid therefor, in which case tho sheriff may return the execution for want of property. The costs and expenses or selling off such homestead, as provided herei, shall be charged and included in the sheriff's bill of costs upon the said exeeu tion. This act shall take effect on the first day of January, one thonsand eight bna dred and fifty one,

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208 SPECIAL LAWS OF NEW JERgET, NEW JERSEY. Constitution adopted 1844-Square Miles 8,020-Population in 1850, 488,]37 Exemptions. THE following articles being the property of any one having a family is exempt from levy and sale on execution. One cow; one bed and bedding; one cradle; one stove; one half cord of firewood; one half ton of stone coal; one spinning-wheel; one table; six chairs; one hog; one hunt dred weight of flour; one iron cooking pot; one dozen knives and forks; one dozen plates; one dozen spoons; one half dozen bowls; two pails; one barrel; one coffeepot; one tub; one frying-pan; the necessary tools of a tradesman, not exceeding in value ten dollars; and all necessary wearing apparel. The above exemptions apply to contracts made previous to March 18, 1851; after that date, household goods, chattels, and. tradesmen's tools, to the value of $200, and all wearing apparel, the property of any debtor having a family residing in this state, shall be reserved, as well after as before the death of the debtor, for the use of the family against all creditors, and shalli not be liable to be seized or taken by virtue of any execution or civil process whatever, issued out of any court in this state (except the same be issued in cases of taxation) on any contract made after the passage of this act. This act does not protect from sale under any execution or process any goods, chat tels, or property, for the purchase whereof the debt or demand for which the judgment on which the execution or process was issued shall have been contracted. If an officer can not find sufficient other property to satisfy an execution, then a judge of common pleas is to appoint three disinterested persons to appraise the goods, without reference to what they might bring at vendue, when, if they amount to more than $200, the debtor is allowed to select such as he may choose to this amount, and the balance to be sold. The plaintiff must have five days notice of time and place of appraisement. A widow of a deceased debtor, or his administrator, may select the same amount under similar provisions. Mechanics' Lien. ALL and every dwelling-house or other building hereafter constructed and erected within this state, shall be subject to the payment of the debt contracted for, or by reason of any work done, or materials found and provided by any person or persons employed, or furnishing materials for or in erecting and constructing such house, or other building; but if such house or other building should not sell for a sum of money sufficient to pay all the demands for work and materials over and above any prior claim on mortgage or judgment against any land owner, on the land on which such building or buildings may be erected, then the same shall be averaged, and each of the creditors paid a sum proportional to their several demands; provided, no such debt shall remain a lien on said buildings longer than two years from the commencement of the building thereof, unless the claim be filed within six months after performing the work or furnishing the materials, in the office of the clerk of the court of common pleas of the county where such building may be erected, and an action for the recovery of the same may be instituted vwithin one year after such work done or materials found; and all claim for work and materials must be filed within one year from the time the work was done or materials furnished. When any master-workman refuses to pay any journeyman employed by him, such journeyman shall give to the owner of the house notice of such refusal in writing, and the amount due and demanded; then said owner shall be authorized to retain the amount due such journeyman, out of the amount due such master-workman, and pay the same to the journeyman. Any person who shall hereafter, by virtue of any contract with the owner, perform any labor, or furnish materials in building, altering, or repairing, any building, shall have a lien for the value of such labor and materials, upon such building, and upon the lot of land on which the same stands, to

SPECIAL LAWS OF NEW JERSEY. 209 the extent of the title, at the time existing of such owner, but the aggregate of the liens not to exceed the contract price. The person performing such labor or furnishing such materials, shall cause to bh drawn up specifications of the work by him contracted to be performed, or materials to be furnished, and stating the price or prices agreed to be paid therefor, and shall file them, or if there be a contract, a true copy thereof, if the same be in writing, in the office of the clerk of the county in which the lien is created, and serve a notice thereof, personally, on such owner, or his agent, within fifteen days after the making of such contract, or after commencing such labor or furnishing the said materials. The lien so created shall take effect from such filing and service of the notice, and shall continue in force for six months after the completion of the building. A lien given by this act, extends to all mills and manufactories within the county of Mercer, for all debts contracted by the owners thereof, or by any other person, with their consent in writing, for machinery or fixtures furnished for said mill or manufactory, or work done or materials furnished for or about the erecting, constructing, or repairing machinery in the same. Law Regulating Contracts. No leases, estates, or interests, or term Or terms of year or years, or any uncertain interest of, in, to, or out of, any messuages, lands, tenements, or hereditaments, shall, at any time hereafter, be assigned, granted, or surrendered, unless it be by deed or note in writing, signed by the party so assigning, granting, or surrendering the same. or his, her, or their agent or agents, thereunto lawfully authorized by writing, or by act and operation of law. No action shall be brought, whereby to charge any executor, or administrator, upon any special promise to answer damages out of his own estate; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages of another person; or to charge any person upon any agreement made upon consideration of marriage; or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action is brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith, or some other person thereunto, by him or her lawfully authorized. No contract for the sale of any goods, wares, and merchandise, for the price of thirty dollars or upward, shall be allowed to be good, except the buyer shall:accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or that some note or memoran-. dun in writing of the said bargain be made and signed by the parties, to be charged by such contract, or their agents thereunto lawfully authorized. Limitation of Actions. AtL actions of trespass, quare clausum fregit, trespass, detinue, trover and replevin, for taking away of goods and chattels, all actions of debt, founded upon any lending or contract without speciality, or for arrearages of rent due on a parol demise, and all actions of account and upon the case, except actions for slander, and except also such actions as concern the trade or merchandise between merchants, their factors, agents, and servants, shall be commenced within six years next after the cause of action accrued. Actions of trespass for assault, menace, battery, wounding, and imprisonment, or any of them within four years. Every action upon the case for words, within two years next after the woeCb 0poken. 1I

210 SPECIAL LAWS OF NEW JERSEY. Minors, married women, and insane persons, may bring these actions within the times limited respectively after their disability is removed. Actions of debt, or covenant for rent, or arrearages of rent, founded upon any lease under seal, and actions of debt upon any single or penal bill for the payment of money only, or upon any obligation with condition for the payment of money only, or upon any award under the hands and seals of arbitrators for the payment of money only, shall be brought within sixteen years; but time of infancy, marriage, or insanity, not to be computed. Time of defendant's absence from the state not to be computed. Entry upon lands must be made, and action brought to recover the possession of lands must be done, within twenty years. Collection of Debts. ARREST.-It shall not be lawful to arrest or imprison the person of any female, by virtue of any mesne process or process of execution in any civil action. Any person arrested and held in custody in any civil action upon mesne process or process of execution, or upon an attachment for not performing an award, or surrendered in discharge of bail. shall be discharged from arrest or custody by such officer, if he make out and deliver to the officer making the arrest, or in whose custody he may be, a true and perfect inventory, under oath or affirmation, of all his goods and chattels, rights, credits, lands, tenements, hereditaments, and real estate, and give bond to the plaintiff with sufficient security, being a freeholder or freeholders resident in the county, in double the sum for which he is arrested, conditioned that he will appear before the next court of common pleas, to be holden in the county where such arrest is made, and petition such court for the benefit of the insolvent laws, &c. And in case of forfeiture by breach of condition, the plaintiff may bring an action thereon, and recover debt, damages, and costs, due from the person arrested, and for which the arrest was made. AT-TACHMENT.-If any creditor shall make oath or affirmation before any judge of any of the courts of record of this state, or justice of the peace of any county in the same, that he verily believes that his debtor absconds from his creditors, and is not, to his knowledge or belief, resident in this state at the time, then an attachment shall issue against the rights and credits, moneys and effects, goods and chattels, lands and tenements of such debtor, wheresoever they may be found. And the writ shall bind the property and estate of the defendant, from the time of executing the same. And all conveyances of the property attached, made by the defendant pending the attachment, shall be void as against the plaintiff, and the creditors shall become parties to the attachment. Deeds. IF any deed, or conveyance of lands, tenements, or hereditaments, lying and being in this state, heretofore made and executed, and not already acknowledged or proved according to law, or hereafter to be made and executed, shall be acknowledged by the party or parties who shall have executed it; the officer having first made known the contents thereof to the person making such acknowledgment, and being also satisfied that such person is the grantor mentioned in said deed, of all which the said officer shall make his certificate, or if it be proved by one or more of the subscribing witnesses to it, that such party or parties signed, sealed, and delivered the same as his. her, or their voluntary act and deed, before the chancellor of this state, or one of the justices of the supreme court of this state, or one of the masters in chancery, or one of the judges of any of the courts of common pleas of this state, and if a certificate of such acknowledgment or proof, shall be written upon or under the said deed or conveyance, and be signed by the person before whom it was made, then every such deed or conveyance, so acknowldged, or proved and certified, shall be received as evidence in any court of this state.

SPECIAL LAWS OF NEW JERSEY. 211 Acknowledgment or proof may be made before a judge of the court of common p.eas for any county, whether the lands are situate in said county, or elsewhere in the state. After deeds have been thus acknowledged, or proved and certified, they may be recorded in the office of the clerk of the court of common pleas, of the county in which such lands are situate. No estate of afemme covert, in any lands, tenements, or hereditaments, lying and being in this state, shall hereafter pass by her deed or conveyance without a previous acknowledgment made by her on a private examination, apart from her husband, before one of the officers aforesaid, that she signed, sealed, and delivered the same as her voluntary act and deed, freely without any fear, threats, or compulsion, of her husband, and a certificate thereof, written on or under the said deed or conveyance, and signed by the officer before whom it was made: and further, that every deed or conveyance so executed and acknowledged by afemme covert, and certified as aforesaid, shall release and bar her right of dower, and be good and effectual to convey the lands, tenements, hereditaments, thereby intended to be conveyed: provided, that this clause shall not be construed to enable any femme covert, under the age of twenty-one years, to convey lands, tenements, hereditaments, or any right of dower, interest, or estate therein. If the grantor reside in some other of the United States, or territory, or District of Columbia, such acknowledgment or proof may be made before the chief justice of the United States, or an associate justice of the supreme court of the United States, or district judge of the same, or any judge or justice of the supreme or superior court of any state in the Union, or territory thereof, or in the District of Co lumbia, or judge of any district or circuit court, or chancellor, of any of the United States, or before any mayor, or any other chief magistrate of any city in such state, district, or territory, duly certified under the seal of such city, or before a judge of any court of common pleas, of the state, district, or territory, in which such party or witnesses may be; provided, that where the acknowledgment or proof is made before a judge of a court of common pleas, in such state, district, or territory, a certificate under the great seal of the state, or under the seal of the county court in which it is made that he is such officer, shall be deemed sufficient evidence of his authority for that purpose, and be annexed to, and recorded with such deed, acknowledgment, or proof. When made by a party residing in a foreign state, kingdom, nation, or colony, if made before any court of law, or mayor, or other chief magistrate of any city, borough, or corporation, of the said' foreign kingdom, &c., certified by the said court, mayor, or chief magistrate, in the manner such acts are usually authenticated by them or him, it shall be as valid as if made before a justice of the supreme court of this state. The above two sections comprehend acknowledgments of deeds or conveyances made by married women residing out of this state in any part of the Union, or in a foreign country. Form of Acknowledgment. State of New Jersey, ) County of Essex, ss. Town of Rahway,) On this first day of October, one thousand eight hundred and fty, before me personally came JOHN DOE and SUSAN his wife, to me known to be the persons described in and who executed the foregoing conveyance; and, having first made known to them the contents thereof, they acknowledged that they executed the same, and the said SUSAN, on a private examination, apart from her husband, -acknololedged that she signed, sealed, and delivered the same as her voluntary ac and deed,freely, and without any fear, threats, or compulsion of her husband. JOHN JONES, Justice of the Supreme Court. Where there is no wife, the part referring to her should be omitted. Deeds should be SEALED; a scrawl with the pen has been held valid in place f a seal.

212 SPECIAL LAWS OF NEW JERSEY, Rights of Married Women. IT shall be lawful for any married woman, by herself, and in her name, cr in the name of any third person, with his assent, as her trustee, to cause to be illnured, for her sole use, the life of her husband for any definite period, or for the term of his natural life; and in case of her surviving her husband, the sum or net amount of the insurance becoming due and payable by the terms of the insurance shall be payable to her, to and for her own use, free from the claims of the representatives of her.husband or his creditors; but such exemption shall not apply where the amount of premium annually paid shall exceed one hundred dollars. In case of the death of the wife before the decease of the husband, the amount of the insurance may be made payable, after the death, to her children, for their use, and their guardian, if under age. DOWER.-The widow, whether alien or not, of any person, shall be endowed, for the term of her natural life, of the one fill and equal third part of all the lands, tenements, and other real estate, whereof her husband, or any other to his use, was seized of an estai. of inheritance at any time during the coverture, to which she shall not have relinquished her right of dower, by deed executed and acknowledged in the manner prescribed by law for that purpose. Rate of Interest. THE legal rate of interest is six per cent., and contracts for a higher rate are void. Persons taking a higher rate shall forfeit the whole value of the subjectmatter of the contract-one half to the state, one half to the prosecutor. By act of 1852, the legal rate is seven per cent in Jersey City and Hoboken. Wills. ALL last wills and testaments of persons dying after March 7, 1850, shall be in writing, and shall be signed, or acknowledged to have been signed, by the testator, and declared to be his or her last will, in the presence of at least two credible witnesses present at the same time, who shall subscribe their names thereto as witnesses in the presence of the testator; and no will or testament of personal estate, made after this act shall take effect, by a person within the age of twenty-one years, shall be good or effectual in law. Homestead Exemption. ~1. In addition to the property now exempt from sale under execution, there shall be exempt by law from sale or execution for debts hereafter contracted, the lot and buildings thereon occupied as a residence and owned by the debtor, being a householder and having a family, to the value of one thousand dollars; such exemption shall continue after the death of such householder for the benefit of the widow and family, some or one of them continuing to occupy such homestead, until the youngest child shall become twenty-one years of age, and until the death of the widow; and no release or waiver of such exemption shall be valid. A notice of the design to hold the property as a homestead must be executed and recorded with the clerk of the county where the property is situated, and published once a week for six weeks in a newspaper published in the county, or in the newspaper published nearest the same; but no property shall by virtue of this act be exempt firom sale, for non-payment of taxes or assessments, or for any labor done thereon, or materials furnished therefor, or for a debt contracted for the purchase thereof, or prior to the recording of the aforesaid deed of notice. The act provides for the sale or division of the homestead on execution, when its value exceeds one thousand dollars, by six appraisers. 7. And be it enacted, That in case any lot and buildings have been declared according to the provisions of this act, a homestead, it shall be reserved as such for the use of the family, and shall not be sold, aliened, or encumbered by the owner thereof; nor leased for a longer term than one year; and any such sale, alienation, encunbrance, or leasing, shall be void, unless the same be made with the full consent of the wife. or husband of said owner (if he or she have any), by deed duly acknowledged, and unless the consideration paid for the same be its full, fair value, and the same, or one thousand dollars thereof shall be actually invested in the purchase of other lands and buildings, declared to be a homestead in the manner herein provided, and the title of such purchaser shall not be good until such purchase-money is so invested, and also except in cases where such householder has removed out of the state; nor shall any homestead be rented out or leased for any time without the consent of the wife of the owner. Approved, March 17, 1852.

SPECIAL LAWS OF PENNSYLVANIA. 213 PENNSYLVANIA. Constitution adopted 1838.-Square Miles 46,000.-Population in 1850, 2,311,204. Exemptions. By a law that took effect July 4th, 1849, it was enacted that, in lieu of the property then exempt by law from levy and sale on execution, issued upon any judgment obtained upon contract and distress for rent, property to the value of three hundred dollars ($300) exclusive of all wearing apparel of the defendant and his family, and all bibles and school-books in use in the family (which shall remain exempt as heretofore), and no more, owned by or in the possession of any debtor, shall be exempt from levy and sale on execution or distress for rent. Mechanics' Lien. EVERY building erected within the counties of Allegany, Armstrong, Beaver, Bedford, Berks, Bucks, Butler, Cambria, Centre, Chester, Clearfield, Columbia, Crawford, Cumberland, Dauphin, Delaware, Erie, Franklin, Huntingdon, Indiana, Juniata, Lancaster, Lebanon. Luzerne, Lycoming, Mercer, Mifflin, Montgomery, Northumberland, Perry, Philadelphia, Schuyllill, Somerset, Susquehannah, Tioga, Union, Venango, Warren, Washington, York, and the boroughs of Easton, Lehigh, Bradford, Monroe, Greene, Clinton, Carion, M'Kean, Wayne, Fayette, Potter, Jefferson, and Northampton, shall be subject to a lien for the payment of all debts contracted for work done, or materials furnished for the same; extending also to the ground necessary for the ordinary and usual purposes of the building. This lien shall be preferred to every other lien attaching subsequent to the commencement of such building. A statement of the demand must he filed in the office of the prothonotary of the court of common pleas of the county where the building is situate. Unless such statement be filed, lien shall not continue for more than six months. Lien expires at the end of five years from the day of filing the statement, unless renewed by scire facias. The furnishers of labor and materials, in many of the counties, have a lien for six months after the work is done or the material furnished. This lien may be extended to five years by filing the claim in the proper office, and by proper legal #rooess until satisfied

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216 SPECIAL LAWS OF PENNSYLVANIA. Law regulating Contracts. ALL leases, and estates, and interests in lands, except leases for three yearn, must be in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, or they will have the effect of leases at will only. All the other regulations are the same as in CONNECTICUT, page 193. Limitation of Actions. ENTRY can not be made into ia ids after twenty-one years after the right accrued, nor any suit brought to recover possession. Infants, married women,'and persons imprisoned, have ten years after their disability is removed. All actions upon the case, other than for slander; actions of account (other than such accounts as concern the trade of merchandise between merchants, their factors and servants); actions of debt founded upon any lending or contract with. out specialty; for arrearages of rent, except the proprietaries' quit-rents; actions of detinue and replevin for goods and chattle; actions of trespass, quare clausum fregit, must be brought within six years after the cause of action accrued. Actions of trespass, of assault, menace, battery, wounding, imprisonment, or any of them, must be brought within two years. Actions upon the case for words, within one year next after words spoken. Infants, married women, persons imprisoned or out of the United States, may bring the above actions within the times respectively limited after their disability is removed. Collection of Debts. ARREST.-Arrest is abolished, except in proceeding as for contempt to enforce civil remedies; action for fines or penalties, or on promises to marry; on moneys collected by any public officer, or for any misconduct or neglect in office or in any professional employment. But yet, in other cases, if the party is about to remove any of his property out of the jurisdiction of the court in which such suit is brought, with intent to defraud his creditors, or has property which he fraudulently conceals, or has rights in action or Eome interest in any public or corporate stock, money, or evidence of debt, whfl- he unjustly refuses to apply to the payment of any judgment which shall have been rendered against him; or has assigned, removed, or disposed of, or is about to dispose of, any of his property, with the intent to defraud his creditors; or has fraudulently contracted the debt or incurred the obligation respecting which suit is brought, he may be arrested. ATTACHMENT.-Property of defendant may be attached when he is about to remove any of it from the county with intent to defraud his creditors, or has assigned, disposed of, or secreted, or is about to assign, dispose of, or secrete, any of it, with the like fraudulent intent; and also if the debtor, being an inhabitant of the state, shall have absconded from the place of his usual abode, or shall have remained absent from this commonwealth, or shall have confined himself in his own house, or concealed himself elsewhere, with design to defraud his creditors and, if not an inhabitant, shall confine or conceal himself within the county, witi intent to avoid the service of process, and to defraud his creditors.

SfiO'ECIAL LAWS OF PENNSYLVANIA. 217 Deeds. ALL deeds and conveyances of lands, tenements, or hereditaments, shall be acknowl. edged by one of the grantors, or proved by one of the subscribing witnesses, before one of the judges of the supreme court, or alderman of a city, or before a justice of the peace, or one of the justices of the court of conmmon pleas, of the county where the land lie, and shall be recorded in the office for recording of deeds in the county where such lands lie, within six months after the execution of such deeds. Acknowledgment by husband and wife must be made before one of the judges of the supreme court, or alderman of a city, or a justice of the peace, or justice of the county court of common pleas, of and for the county where such lands lie, who shall examnine the wife separate and apart from her husband, and shall read or otherwise make known the full contents of such deed or conveyance to the said wife; and if, upon such separate examination, she shall declare that she did, voluntarily and of her own free will and accord, seal, and as her act and deed deliver, the said deed or conveyance, without any coercion or compulsion of her said husband, the conveyance shall be valid. The mayor and recorder of Philadelphia may take proof and acknowledgment of deeds; and, in other states, commissioners of deeds appointed by the governor of Pennsylvania. A scrawl of the pen is recognised as a seal. Two witnesses are necessary. Form of Acknowledgment. Commonwealth of Pennsylvania, County of Philadelphia. Be it remembered that on this tenth day of April, A. D. one thousand eight hundred and fifty-voe, before me the subscriber, ajustice of the peace of - [or, judge of, -ic., or o7:e of the aldermen of the city of -] personally ap peared JOHN DOE, the grantor in the foregoing indenture, deed, or conveyance, naned and in due form of law acknowledged the said indenture to be his act and deed, and desired that the same as such, might be recorded according to law. In testimony whereof I have hereunto set my hand and seal the day and year last abovenamed. JOHN JONES, (seal.) Justice of the Peace, or Judge, or Alderman, as the case may be, The Form when the Wifejoinss cwith the Husband. Com. of Penn., county of Berks, ss. Be it remembered that on this tenth day of May, A. D., 185-, before me the subscriber, a justice 4c. [or judge, or alderman, as above] of the county aforesaid, personally appeared JOHN ROE and SUSAN ROE his wife, grantors in the above indenture, deed, or conveyance, named, and in due form of law severally acknowledged the foregoing indenture, deed, or conveyance, to be their act and deed, and desired that the same, as such, might be recorded according to law. She, the said SUSAN RoE being of full age, separate and apart from her said husband, by me thereon privately examined, and the full contents thereof being by me first made known to her, did declare and say, that she did, voluntarily, and of her own free will and accord, sign, seal, and as her own act and deed, deliver the foregoing indenture, deed, or conveyance, without any coercion or compulsion of her said husband. In testimony, &c. JOHN JONES, Justice, 4Ac. (Seal.) Rights of Married Women. EVERY species and description of property, whether consisting of real, personal, or mixed, which may be owned by or belong to any single woman, shall continue to be the property of such woman as fully after her marriage as before; and all such property, of whatever name or kind, which shall accrue to any married woman during coverture by will, descent, deed. of conveyance, or otherwise, shall be owned, used, and enjoyed, by such married woman, as her own separate property; and the said property, whether owned by her before marriage, or which shall accrue to her afterward, shall not be subject to levy and execution for the debts or liabilities of her husband, nor shall such property be sold, conveyed, mortgaged, transferred, or in any manner encumbered, by her husband, without her written consent, first had and obtained, and duly acknowledged before one of the judges of the courts of common pleas of this commonwealth, that such consent was not the result of coercion on the part of her said husband, but that the same was voluntarily given and of her own fiee will: provided that her said husband shall not be liable for the debts of the wife contracted before marriage; provided that nothing in this act shall be construed to protect the property of any such married woman from liability for debts contracted by herself, or in her. name by any person authorized so to do, or from levy and execution on any judgment that may be recovered against a husband for the wrongs of the wife, and in such cases execution shall be first had against the property of the wife. 19

$18 SPECIAL LAWS PO PE NSYLTANIA. Any married woman may dispose, by her last will and testament, of her @epi rate property, real, personal, or mixe'd, whether the samne accrues to her before or during coverture: provided that said last will and testament be executed in the presence of two or more witnesses, neither of whom shall be her husband. In all cases where debts may be contracted for necessaries for the support and5 maintenance of the family of any married woman, it shall be lawful for the creditor in such case to institute Bait against the husband and wife for the price of such necessaries, and, after obtaining a judgment, have an execution against the husband alone; and if no property of the said husband be found, the officer executing the said writ shall so return, and thereupon an alias execution may be issued, which may be levied upon and satisfied out of the separate property of the wife, secured to her under the provisions of the first section of this act: provided that judgment shall not be rendered against the wife in such joint action unless it shall have been proved that the debt suted for in such action was contracted by the wife, or incurred for articles necessary for the support of the family of ther said husband and wife. Rate of Interest THE legal rate of interest is six per cent. Usurious interest can not be reeovered; and if paid, may be recovered back, but usury does not render the entire contraet void. When any railroad or canal company has borrowed money, and given a bond or other evidence of indebtedness in a larger sum than the amount actually r1 ceived, such transactions shall not be deemed usuriou's. Wvills. WaILsT must be in writing; and, unless the person making the same shall be prevented by the extremity of his last sickness, shall be signed by him at the end thereof, or by some person in his presence and by his express direction, and in all cases shall be proved by the oaths or atffrmations of two or more eoapSeot witsesee,

SPECIAL LAWS OP DELAWARE. 219 DELAWARE. Constitution adopted, 1831.-Square Miles, 2,100.-Population in 1850, 91)40f, Law regulating Contratts. ALL promises and assumptions whereby any perso shall undertake to answer or pay for the default, debt, or miscarriage, of another, any sum under forty shillings being proved by the oath or affirmation of the person or persons to whom such promise and assumption shall be made, are hereby declared to be good and available in law to charge the party or parties making such promise or assumption. No action shall be brought whereby to charge any executor or administrator, upon any special promise, to... answer damages out of his own estate; or whereby to charge any defendant, upon any special promise, to anl swer for the debt, default, or miscarriage, of another person, of the value of forty shillings, and not exceeding ten pounds, unless such promise and assumption shall be proved by the oath or affirmationi of one credible witness, or some memorandum or note in writing shall be signed by the party to be charged therewith. No action shall be brought whereby to charge any person or persons upon any agreement made upon considerations of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof; or to charge any person or persons whereby to answer for the debt, default, or miscarriage, of another, in any sum of the value of ten pounds and upward, unless the same shall be reduced to writing, or some memorandum or note thereof shall be signed by the party or parties to be charged therewith, or some other person thereunto by him or them lawfully authorized, except for goods, wares, and merchandise, sold and delivered, and other items which be and are properly chargeable in an account,' in which case the oath or affirmation of the plaintiff, together with a book regularly and fairly kept, shall be allowed in all cases to be given in evidence, in order to charge the defendant or defendants with the sum or sums therein contained. Limitation of Actions. ACTIONS for recovery of lands must be brought and entry made within twenty years next after the right of action accrued. Infants, married women, non compos-mentis, or a prisoner, may within ten years next after the removal of their disability. No action of trespass, replevin, detinue, debt not founded upon a record or specialty, of account, of assumpsit, upon the case, shall be brought after the expiration of three years from the accruing of the cause of action. In case of mutual and running account, limitation not to begin while the account continues open and current. * Items of cash are not properly chargeable in account, Smith vs. M'Beath i Kent's Coo, Please Nov. term, 1814.

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222 SPECIAL LAWS OF DELAWARE. When the action arises from a promissory note, bill of exchange, or an acknowledgment under the hand of the party, of a subsisting demand, the action may be commenced at any time within six years. Those under the disability of infancy, coverture, or incompetency of mind, to have three years after the removal of such incompetency. The time the defendant is out of the state, to be deducted; and in every such case, one year after his return to be allowed, when the cause of action arises in this state. Exemptions. THE following goods and chattels, the property of the white citizens of this state, are exempt from execution process, and distress for rent, to wit: the necessary wearing apparel of the debtor, and of his wife and children, one bedstead, bed, and the necessary bedding for every two persons of the family, one iron stove used for warming the dwelling house, and fuel not exceeding the value of five dollars, procured and designed for the use of the family; the bibles, ai.d school-books, used in the family; one cow, one swine and one ton of hay; the library and tools ol implements of the debtor necessary for carrying on his profession, trade or business, not exceeding fifty dollars in value; rights of burial and tombs while in use as repositories for the dead; other household furniture necessary for the debtor and his family not exceeding twenty-five dollars in value; Provided, that the value of the whole of the articles thus exempted shall not exceed one hundred dollars, and provided further, that if the debtor shall not at the time of the execution of the said process, be in possession of all, or any of the above specified articles, then any other property which he shall have in his possession amounting in value to one hundred dollars, shall be exempt as aforesaid, except in every case for taxes due in either of the counties of this state, or in the city of Wilmington, which said articles and the value thereof shall be ascertained by two substantial citizens of the county whereof the debtor is an inhabitant, to be appointed and to be sworn or affirmed faithfully and justly to fulfil the duties of said appointment by any justice of the peace, constable, or sheriff of the said county. This act shall not in any wise invalidate debts or contracts made previous to the fourth day of July, A. D. one thousand eight hundred and fifty-one, and that all acts and parts of acts inconsistent herewith, be and the same are hereby repealed. Collection of Debts. AtRtEST.-No free white citizen may be arrested, except upon oath that the defendant is justly indebted in a sum exceeding five dollars, and verily believes that defendant has secreted, conveyed away, assigned, settled, or disposed of, either money, goods, chattels, stocks, securities for money, or other real or personal estate, of the value of more than twenty-five dollars, with intent to defraud his creditors, and specify and set forth the supposed fraudulent transactions. ATTACHMENT.-Attachment mnay issue against a residenter in this government, upon an affidavit that the defendant is justly indebted to the plaintiff in the sum of forty shillings, and absconded from the place of his usual abode, or is gone out of the government, with intent to deceive or defraud his creditors, as it is believed. The above is called " domestic attachment." There is another writ which is known as a "foreign attachement," and which issues against a non-resident upon the oath of the plaintiff, or of some credible person for him, that the defendant resides out of the state, and is justly indebted to him in the sum of fifty dollart and upward.

SPECIAL LAWS OF DELAWARE. 223 Deeds. DEsDS may be acknowledged in any county by any party to the same, in the Superior court or before the chancell or o any judge of the said court, or before two justices of the peace for the same county, or before a notary public. Deeds of a married woman, to which her husband is also a party, shall be valid if she, upon private examination apart from her husband, acknowledges that she executed said deed willingly, without compulsion or threats, or fear of her husband's displeasure. Such private examination may be taken in any county before the chancellor, any judge, or two justices of the peace for the same county, or before a notary public. Such acknowledgment to be certified under the band and seal of the clerk of the court in which, or under the hand of the chancellor, judge, or justices of the peace, or under the hand nd notarial seal of the notary, before whom, it is takeq in a certificate endorsed upon or annexed to the deed. If the party be out of the state, the acknowledgment, or private examination, la.y be made befbre the judge of any district court of the United States, or before the chancellor or any judge of a court of record in any state, territory, or country, or before the mayor or chief officer of any city or borough, and certified utider the hand of such chancellor, judge, mayor, or officer, and the seal of his court, city, or borough, by certificate endorsed upon, or annexed to the deed; or such acknowledgment and examination may be made before any commissioner duly authorized by the governor of this state, and certified under his hand and seal. Deeds must be recorded in the office for recording deeds in the county where the lands lie. There should be two witnesses. A scrawl of the pen may be used for a eeal. The form of acknowledgment is the same as in PENNSYLVANIA, by adding "or fear of her husband's displeasure." Rate of Interest THE legal rate is six per cent. Whoever exacts more, is liable to ifrfeit the whole debt-one half to the state, and one half to the prosecutor. -Wills. WILLS must be in writing, and signed by the testator, or by some other peroso subscribing the testator's name, in his presence and by his express direction, and attested and subscribed by two competent witnesses, in the presence of the teefcaU3E~

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9226 SPECIAL LAWS OF MARYLATi' MARY LAND. Constitution adopted, 1851. Square Miles, 13,959.-Population in 1850, 582,9W0 Exemptions. No real estate hereafter acquired by marriage shall _ b b —_ be liable to execution during the lib of the wife, fop:HeI4\,,;~:...... debts due fiom the husband. ~i ~-~-~-lt B;. Corn lor necessary maintenance, bedding, gun, axe,;} l P~~ pot. and laborers' necessary tools, and such like house. hold implements, and ammunition, for subsistence, are Slaves of the wife (acquired either before or after marriage), and also her earnings not exceeding one thiusand dollars, may be held for her own use, and ex-....l.' i —, eempted from liability for her husband's debts. Mechanics' Lien. IECHrANICS' liens have been enacted for all the counties on the western shore of the Chesapeake bay, except St. Mary's, WMontgomery, and Charles, and for Cecil county on the eastern shore, but they have been altered so often, and the several enactments are so conflicting, that it is impossible to give a reliable abstract of what is required to make them available. Chattel Mortgages. CHtA'TTELr mortgages must be in writine, and acknowledged before a justice of the county where the imortgager resides, and the affidavit of the mnortgagee or granteo sworn to before the judge, Or justice or justices, must be endorsed thereon that the consideration as therein set forth is trne and bolna fide, and be recorded withi, twenty days in the records of the county. W7here the amount conveyed is over two hundred dollars they miust be stamped (fee $1.00) which must be receipted for on the deed. Limitation of Actions. ACTIONS of trespass qulare clausum frcgit, trespass, detinue, sur-trover, replevin fo? taking away goods or chattels, account, contract, debt, book-debt, or upon the case, other than such accounts as concern the trade or merchandise between merchants, their factors and serviants. non-residents, debt for lending, contract without speciality, and debt for arrearages of rent, m1ust be brought within three years. Actions on the case for words, trespass of assault, battery, wounding, and imprison. ment. must be brought within one year. Actions on administration and testamentary bonds shall be commenced within twelve years after the framing such bonds. No speciality can be pleadable after the principal debtor and creditor have both been dead twelve years, or the debt is above twelve years standing. No person absenting himself from the state, or repnoving from county to county, after any debt contracted, so that his creditors can not with certainty find his person or effects, shall have any benefit of such limitations. No person absent at the time the cause of action accrues shall have any benefit of the law. Infants, married women, persons non-compos-mentis,'imprisoned, or beyond seas, have the sanme time after their disability is removed. Collection of Debts. ATTACHMENT.-Any person, having obtained a judgment, may take out an attach. ment against the lands, tenements, goods, chattels, and credits, of the defendant. Any creditor, making affidavit that the debtor is indebted to him in a certain sum named, and producing the evidences thereof or accounts, and that he doth lnow or is

S'iECYAL LAWS O MARYLAND. 227 Ztse(oiy informed, and verily believes, that the debtor is not a citizen of this state, andl'doth not reside.herein, or that the di btor is actually run away or fled from justice, or removed from his place of abode, witvh intent to injure and defraud his creditors, an attachment may issue sagainst the lands, tenements, goods, chattels, and credits, of the debtor. No person can be imprisoned for debt. Deeds, DErDS may be acknowledged before any chief or associate judge of a districtfor lands within the district, or ~ny two justices of the peace within their county. The officer taking the acknowledgment must be satisfied of the identity of the per. ton making it, -and return a certfficate thereof They may be acknowledged out of the state before any judge of the United States court, or any judge of a couart of record, certified by the judge taking the acknowledganent, under his hand; and the clerk of the court shall certify, under his hand and the seal of the cour t, that the person taking the acknowledgment is a judge of said court, duty commissioned and qualified, at the time of taking the acknowledgment. In the case of a married women, her estate will unot be conveyed, nor her dower barred, unless the officer takins the acknowledgment shall examine her, out of the pres. oence and hearing of her husband, whether she doth execute and acknowledge the samoe freely and voluntarily, and without being induced to do so by fear or threats of or ill usage by her Irusband, or by fear of his displeasure; and unless the femme covert shall signl and seal such deed before such officer, out of the presence and hearing of her husband, anidcertificate -be made upon or annexed to the deed, under his or their hands, of,such private examination, execution, and acklowledgmnent Consuls and vice-consuls of the United States, duly appointed and recognised, may take acknowledgments of persons being in their consulates, and make certificate under their official seals. There must. be two witnesses to a deed, and a scrawl of the pen may be used as a -eal. Deeds must be stamped. Form of Acknowledgment. gtate of Maryland, st Prince George's Co. set: Pe it remembered and it is hereby certified, that on this first day of May. in the year eighteen hundred and fifty-oeae, before the subscribers, two justices of the peaae, of the s~tate of Maryland, in and for Prince George's comity aforesaid. personally appeared JOHN DOE and SUSAN Dov i-fs wzife, they being known to us [or " they being satisfactorily proven by oral testinony under oath, received by us," as the case may be], tobe the peronrs who are named and described as, and professing to be, the parties to the foregoiug deed or indenture, amnd do severally acknowledge the said indenture or istrumeint'of writing, to be the their respective act and deed; the said SUSAN DOE signed -and sealed said insdenture'before us, out of the presence and'hearing of ser husband: and the said SUSAN DOE being by Its ezamined, otst of the presence and hearing of her said hutsband, "s whether she doth execute a d ackioawledge the same, freely and voluntarily, and with-out beisng induced to do so by fear or threats of. or ill-usage by her husband, or by fear of his displeasure," declareth arntd saiti, that she doth. In testimony whereof; we hereunto subscribe our aames, on the day and year aforesaid. (Seals.) JOHN JONES, Justice of the Peace. JAMIES SMITH, Justice, of the Peace, Rate of Interest. THi legal rate is six per cent. In contracts, where more is taken, only the excess of, interest over the legal rate is void. Wills. WILLS shall be in witing, and signed by the party making them, or by some other person in his presence and by his express directions, and shall be attested and subscribed, In the presence of the testator, by three or four credible witnesses. A wife may make a will and give -allher property on any part thereof, to her husband en any one other person, with the consent of the husband subscribed to said will. Provided the wife shall have been privately examined by witnesses to said will, apart and out of the presence and hearing of her husband &c. (in the same manner as provided n dees), ad provided also said will be made sixty days before,death of the testatrix,

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2830 SPECIAL LAWS OP VIaGINItAo VIRGINIA. Constitution adopted 1851.-Square Miles, 61,352.-Population in 1850, 1,421,081 Exemptions. No growing crop of any kind, not severed, shall be liable to distress or levy, except Indian corn, which may be taken at any time after the fifteenth of October in any year. In case of a husband or parent, there shall be exempted from such distress or levy the fllowing articles, or so nmuch or so many thereof as the party may have: One cow; one bedstead, with a bed and necessary beddilg for the same; six chairs, one table, six knives and six tfrks, six plates, two dishes, two basins, one _:.~. _. pot, oeg oven, six pieces of wood or earthen ware, one loom and its appurtenances, one spinning-wheel, 0one air of cards, and one axe; five barrels of corn; five bushels of wheat, or one arrel of flour; two hundred pounds of bacon or pork, and five dollars in value of forage or hay. Slaves shall not be distrained or levied upon, without the debtor's consent, where there are other goods and chattels of such debtor suflicienft for the purpose, and which it is in his power to take. M~echanics' Lien. IF a person, owning or having an interest in land in a city or town, shall, by a writing signed by him, contract with another to pay him money for erecting or repairing any building or the appurtenances of any building on such land, there shall be a lien for such money on the whole interest of the said person in such land, from lle time that the said writing is duly admitted to record in the county or corporation wherein the said land lies. But the said lien shall not be in force more than six months from the time when the money or the last instalment of the money to be paid under such contract shall become payable, unless a suit in equity to enforce the lien shall have been commenced within the said six montihs. If, in such suit, the lien be established, the court shall order a sale of such interest in the said land, to satisfy the money which ought to be paid under such contract. Law regulating Contracts. No action shall be brought1. To charge any person, upon or by reason of any representation or assurance concerning the character, conduct, credit, ability, trade, or dealings of another, to the intent or purpose that such other may obtain thereby credit, money, or goods; or2. To charge any person, upon a promise made after fill age, to pay a debt' contracted during infancy; or upon a ratification, after full age, of a promise or imiple contract made during infancy; or3. To charge a personal representative, upon a promise, to answer any debt or damages out of his own estate; or4. To charge any person upon a promise, to answer for the debt, default, ox misdoings, of another; or

NPPECIAL LAWS OP VIRGINIA. 231 B. Upon any agreement made upon consideration of marriage; or6. Upon any contract for the sale of real estate, or the lease thereof, for more than a year; or7. Upon any agreement that is not to be performed within a yearUnless the promise, contract, agreement, representation, assurance, or ratificafion, or some memorandum or note thereof; be in writing, and signed by the party to be charged thereby, or his agent; but the consideration need not be set forth or expressed therein. Limitation of Actions. No person shall make an entry upon, or bring an action to recover any land, but within fifteen years next after the time at which the right to make such entry or to bring such action shall have first accrued to himself or to some person throuh whom he clains. An infant, married woman, and an insane person, have ten years after the removal of such disability, provided the disability shall not enable the person to bring such action or make such entry after the lapse of thirty years from the time when the right first accrued. Every action to recover money which is founded upon an award, or on any contract other than a judgment or recognisance, shall be brought within the following number of years after the right shall have first accrued, viz.:If the case be upon an indemnifying bond taken under any statute, or upon a bond of an executor, administrator, guardian, curator, committee, sheriff or sergeant, deputy sheriff or sergeant, clerk or deputy-clerk, or any other fiduciary or public officer, within ten years. If it be upon any other contract by writing under seal, within twenty years. If it be upon an award, or be upon a contract by writing, signed by the party to be charged thereby, or by his agent, but not under seal, within five years. And if it be upon any other contract, within five years, unless it be an action for any articles charged in any store account, in which case the action may be brought within two years; or an action by one partner against his copartner for a settlement of the partnership accounts, or upon accounts concerning the trade of merchandise between merchants, their factors or servants, where the action of account would lie; in either of which cases the action may be brought until the expiration of five years from a cessation of the dealings in which they are interested together, but not after. Every personal action, for which no limitation is otherwise prescribed, shall be brought within five years. Every action upon a judgment or decree rendered in any other state or country shall be barred, if, by the laws of such state or country, such action would there be barred. And whether so barred or not, no action can be brought on such judgment against a resident for the ten years last past, which was rendered more than ten years before the commencement of the action. Collection of Debts. ATTACHMENT.-When any suit is instituted for any debt, or for damages for breach of any contract, on affidavit, stating the amount and justice of the claim, that there is present cause of action therefor, that the defendant or one of the defendants is not a resident of this state, and that the affiant believes he has estate or debts due him within the county or corporation in which the suit is, or that he is sued with a defendant residing therein, the plaintiff may forthwith sue out of the clerk's office an attachment against the estate of the non-resident defendant lbr the amount so stated. Imprisonment for debt does not exist.

232 tSPECIAL LAWS OP VIi tGItA, Deeds. A SCRtot, affixed by way of seal, is as valid as a seal. Any deed of trust, mortgage, or other writing, made by a husband or parent tO give a lien on property which is exempt from distress or levy. shall be void as to such property. Every deed of gift, of trust, or mortgage, conveying real estate or goods and chattels, shall be void as to creditors and subsequent purchasers for valuable con. sideration, without notice, until and except from the time that it is duly admitted to record in the county or corporation wherein the property may be. The husband is entitled to courtesy and the wife to dower in a trust estate. When a husband and wife have signed a writing purporting to convey or transfer any estate, real or personal, she may appear before a court authorized to admit such writing to record, or before the clerk thereof in his office; and if, on being examined privily and apart from her husband, by one of the justices of the court, or by the clerk, and having such writing fully explained to her, she acknowledge the same to be her act, and declare that she had executed it willingly, and does not wish to retract it, such privy examination, acknowledgment, and declaration, shall be thereupon recorded in such court or in the clerk's office, or she may appear before two justices who shall be present together, or a notary public within the United States, or a commissioner appointed within the same by the governor of this state; and such justices, or notary, or commissioner, may no examine her, and if, after such explanation, she make such acknowledgment and declaration, shall certify the same on or annexed to the said writing to the following effect, viz.:Form of Acknowledgment, State of New York, a County of Monroe, to wit: I, JOHN JONES, a notary pmblic for the county of Monroe, in the state of ~New York, do certify that SUSAN DOE, the wife of JOHN DOE, whose names are Signed to the writing above, bearing date on the tenth day of November, O0h thousand eight hundred and fjty, personally appeared before me, in the county aforesaid, and being examined by me privily and apart from her husband, and having the writing aforesaid fully explained to her, she, the said SUSAN DoE, acknowledged the said writing to be her act, and declared that she had willingly executed the same, and does not wish to retract it. Given under my hand, this twenty;fifth day of November, one thousand eight hundred and fifty. JOHN JONES, Notary Public. Other acknowledgments may be made in the state before the court or the clerk of the court, in his office, where the same is to be recorded. If made elsewhere in the United States, then before a justice or notary public, who must write on or annex to the deed a certificate to the following effect:State of New Hampshire,i to wt County of Cheshire, to wit: I, JoHN JONES, a jsstice of the peace for the county aforesaid, in the state of NVewl Hampshire, do certify that JOHN DOE, whose name is signed to the writing above, bearing date on the tenth day of November, one thousand eight hundred and.f/ly, has acknowledged the same before me, in my county aforesaid. Given under my hand, this thirtieth day of November, one thousan.d eight liun dred and fifty. JOHN JONES, Justice of the Peace. One witness is sufficient to a deed.

SPECIAL LAWS OF VIRGINIA. 233' Rights of Married Women. DowER.-A widow shall be endowed of one third part of all the real estate whereof her husband, or any other to his use, was at any time during the coverture seized of an estate of inheritance, unless her right of dower shall have been lawfully barred or relinquished. In addition to dower, she is entitled to one third of the personal estate, after the payment of debts and charges, taking in slaves an estate for life only. If the marriage be without issue, she is entitled absolutely to the slaves and other personal property so remaining, which were derived from her, and was preserved in kind; and again, if the marriage be without issue, and the deceased husband was without issue by any for-mer marriage, she is entitled to one half of the residue, qualified in respect to slaves as before. If provision be made for her in her husband's will she may renounce it at any time within one year from the probate, and entitle herself thereby to her legal rights. Rate of Interest. THE legal rate is six per cent. All usurious contracts are void, with the pena alty of forfeiture of twice the amount of the debt. On protested bills payable out of Virginia, and within the United States, the damages are three per centum on the principal, and ten per centum when the bills are payable out of the United States-the bills in either case being drawn or endorsed within the state. Wills. THESE should be in writing, and signed by the testator, or by some other person in his presence and by his direction, in such manner as to make it manifest that the name is intended as a signature; and, moreover, unless it be wholly written by the testator, the signature shall be made or the will acknowledged by him in the presence of at least two competent witnesses, present at the same time, and such witnesses shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary. 20"

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236 SPECIAL LAWS OF NORTH CAROLINA. NORTH CAROLINA. Constitution adopted, 1835.-Square Miles, 43,800.-Population in 1850, 868,870. - -- Exemptions. _-_ —--- THERE is exempted from sale on execution in this stale, wearing-apparel; working-tools, and arms for muster; one bed and furniture; one wheel and cards, and one loom; one bible and testament; one hymn-book; one prayer-book; and all necessary school-books, the property of the defendant. -.,b~ 0 Thlere is also exempt from seizureunder execution the following property of every houseleeper, to wit: one cow and calf; ten bushels of corn or wheat; fifty pounds of bacon, - -e-~l~it,s|Jf~: beet, or pork, or one barrel of fish; all necessary farimingtools for one laborer; one bed, bedstead, and covering, for every two melmbers of the family, and such other property as j three disinterested freeholders, upon application made to. some justice of the peace for the county in which the applicant resides, shall lay off and assign; such other property not to exceed in value the snm of fifty dollars at cash valuation Chattel Mortgages. No mortgage of any estate, whether real or personal, shall be good and available in law against creditors or purchasers for a valuable consideration, unless the same shall have been proved and registered within six months after the execution of such mortgage. No deed of trust, or mortgage for real or personal estate, shall be valid at law to pass any property as against creditors or purchasers, for a valuable consideration from the donor, bargainer, or morttager. but fiom the registration of such deed of trust or mortgage, in the county where the land lies, or in case of chattels, where the donor. bargainer, or mortgager, resides; or, in case the donor, bargainer, or mortgager, shall reside out of the state, then in the county where the said chattels or some of them are situate. Law regulating Contracts. ALL contracts to sell or. convey any lands, tenements, or hereditaments, or interest in or concerning tlhem, or any slave or slaves, shall be void unless such contract or some memorandum or note thereof, shall be put in writing, signed by the party to be charged therewith, or by some other person by him thereunto lawfully authorized, except leases not exceeding the term of three years. No aclion shall be brought whereby to charge any executor or administrator upon a special promise to answer damages out of his own estate, or to charge the defendant upon any special promise to answer for the delt, default, or miscarriage of another person, unless the agreemlent upon which such action shall be brought, or somne mremorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or by some person thereunto by him lawfully authorized. Limitation of Actions. PERSONS having a right to lands mrust make claim within seven years next after the right accrued, except minors, married women, and persons insane, who may have three years after the removal of their disability, and persons beyond seas eight years after their right accrued. All actions of account rendered, upon the case, of debt for arrearages of rent, of debt upon simple contract, of detinue, replevin, and trespass, either for goods and chattels, or quare cltasumt fregit. within three years. Trespass, of assault and battery, wounding, imprisonment, within one year. Actions upon the case for words, within six months after the words spoken. Infants, married women, insane, and persons beyond sea, have the same periods after; the removal of their disability.

SPECIAL LAWS OF NORTH CAROLINrA 23A Collection of Debts. ATTACHtMENT.-Upon any complaint being made on oath to any of the judges of the su" preme or superior courts, or to any justice of any of the county courts, by any person, his attor' ney, agent, or factor, that any person [indebted to hiam] hath removed or is removing out of the county privately, or so absents or conceals himself, that the ordinary process of law can not be served on such debtor, and further swears to the amount of his debt or demand to the best of his knowledge and belief, an attachment may issue against the estate of such debtor, Wherever the same may be found. An attachment may also issue in favor of a resident of this state against the estate of a non-resident. By act of 1850, clerks of the county and superior courts may issue attachments returnable to their respective courts, and take bonds and administer oaths in cases of such attachments. Deeds. DEEDS must be acknowledged by the grantor before one of the judges of the supreme court, or of the superior court, or in the court of the county where the land lies, and regisi tered by the public register of the county Where the land lies, within two years from the date of the deed. Residents in any of the other states, or in the territories, or in the District of Columbia, may acknowledge them before some one of the judges of supreme jurisdiction, or of the superior courts of law, or circuit courts of law of superior jurisdiction within said state, territory, or district, and an attestation of such acknowledgment endorsed or affixed to the deed by the judges, and a certificate of the governor of the state or territory, or if in the District of Columbia, a certificate of the secretary of state of the United States, that the judge before whom said acknowledgment was taken, was at the time of making the same one of the judges of the courts of supreme jurisdiction, or of the supreme courts of law, or circuit courts of law of superior jurisdiction within said state, territory, or district, shall also be affixed, or before any commissioner appointed by the governor of the state, and certified by him as by law required. Conveyances by husband and wife must be by them personally acknowledged before one of the judges of the supreme or superior courts, or m the court of the county where the land lies, tthe wife being first privily examined by such judge, whether she doth voluntarily assent thereto. A scrawl of the pen may be used instead of a seal. Rights of Married Women. WHENEVER a marriage shall take place, all the lands or real estate owned by the femme coverte at the time of the marriage, and all lands or real estate which she may subsequently acquire, by will, devise, inheritance, or otherwise, shall not be subject to be sold or leased by the husband for the term of his own life, or any less term of years, except by and with the consent of' his wift first had and obtained, to be ascertained and effectuated by privy exam. ination, according to the rules now required by law for the sale of lands by deed belonging to.femme covertes. And further, that no interest of the husband whatever, in such lands or real estate, shall be subject to sale to satisfy any execution obtained against him, and all such sales are declared to he null and void both at law and in equity. DowER.-The widow is endowed of one third part of all the lands, tenements, and here. ditaments, of which her husband died seized and possessed. The dower of a widow shall not be subject to the payment of debts due from the estate or her husband, during the term of her life. Rate of Interest. THE legal rate is six per cent. All contracts whereby a higher rate is reserved are void, and the party exacting it is liable to forfeit double the amount of the debt, one half to the state, one half to the prosecutor. Wills. THE will must be written in the testator's lifetime, and signed by him or by some other person in his presence and by his direction, and subscribed in his presence by two witnesses, no one of whom shall be interested in the devise. Or, if found among his papers must be in his own handwriting, and his name subscribed thereto, or inscribed in some part thereof, and the handwriting generally known by his acquaintances, and proved by three witnesses to be every part in the testator's own handwriting. No will in writing whereby personal estate is bequeathed, shall be sufficient to convey or give the same, unless such will be executed with the same formalities as are required in the execution of wills of real estate; provided, nevertheless, that the provisions of this act shall not be. construed to affect nuncupative wills. No will in writing, made after 1846 which shall not be sufficient to Convey or give personal estate, shall be good as to any real estawt thereia deyi~ed.

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240 SPECIAL LAWS OE SOUTH CAROLINA. SOUTH CAROLINA. Constitution adopted, 1790.-Square Miles, 25,200.-Population in 1850, 668,157. Household and Homestead Exemptions. THERE is in this state exempted fiom levy and sale on' execution the following articles, namely: to eacli family two beds and necessary bedding; two bedsteads; one spinningwheel, and two pairs of cards; one loom, and one cow and calf; if a farmner, the necessary farming utensils; if a me. chanic, the tools of his trade; the ordinary cooking utensils, and ten dollars' worth of provisions. Be it enacted, 4c., That the following property, in addition to that now exempted by law, to wit: to each family the dwelling-house, and houses appurtenant thereto, together with fifty acres of land, and also one horse, and twenty-five dollars' - a? c X, \. worth of provisions, be and the same are hereby exempted from levy and sale, under fieri facias and assignment under mesne or final process: Provided, that the said exemption shall not include, or extend to, any property within the limits of any city or town corporate of this state. And provided fur. ther, that the value of the said real estate shall not exceed the sum of five hundred dollars. That in all cases, where the landed property of the debtor shall exceed fifty acres, three commissioners shall be appointed by the clerk of the court, upon the application of either the plaintiff or defendant in the execution, whose duty it shall be to lay off to the debtor fifty acres of land, including the homestead, which shall always be done most favorably and beneficially for the family for whose benefit the provision is made; the remainder of whose land may be liable as in other cases. And if the said fifty acres including the homestead, so laid off, shall exceed in value, by the estimate of the said commissioners, or a majority of them, the sum of five hundred dollars; then, and in all such-cases, the said commissioners shall proceed to lay off such quantity less than fifty acres, as hereinbefore provided, the value of which shall not exceed the said sum of five hundred dollars, the remainder of which may- be sold as in other cases. That the said commissioners shall make a full return, under their hands and seals, of their proceedings in the premises, together with a plat or some other concise c escription of the lands laid off by them, to the clerk of the court. and shall be entitled to receive a compensation for their services, not exceeding one dollar each per day, to be paid by tlhe defendant; and the clerk of the court shall keep a suitable book, in which the appointment of the commissioners, together with their return and all other proceedings in the case, shall be recorded; for which services, the said clerk shall be entitled to receive in like manner, from the defendant, the sum of three dollars. That this act shall take effect, from and after the first day of March, 1852, in relation to all debts thereafter contracted. Mechanics' Lien. EVERY master mechanic, handicraftsman, and artificer, who shall erect, improve, or repair any building, shall have a lien thereon for the amount justly due him therefor. A memorandum, in nature of a contract, must be signed in presence of one or more witnesses, by the parties to such contract and the proprietor of tlhe premises or his lawful agent, containing a particular account of the work to be done, the materials to be furnished, and a general description of the premises, and recorded in the office of the register of mesne conveyances for the district in which such buildings are. Tile lien shall be in no case for a greater sum than the just value which such building or improvement shall give to the land. The lien to commence from the recording of the contract, and to continue only for three years. This not to impair any prior lien. Chattel Mortgages. No mortgage of personal property shall be valid so as to affect the rights of subsell,.:;;:, creditors or purchasers, for a yaluable consideration, without notice, unless the same: s.- be recorded in the office of the register of mesne conveyances for the district wl':r,'i' mortgager resides. If he reside without the state, then where the property Iro':.;':t'd. is located at the time the mortgage is executed, within sixty days; and if the pr:;-r Y -,'i

SPECIAL LAWS OF SOUTHt CAROLINA. 241 Eists of one or more slaves. then also in the office of the secretary of state, within sixty days. ti the districts of Charleston and Richland, they shall be recorded in tie office of the secretary of state only. Law regulating Contracts. PROMISES by executors or administrators to bind their own estate; by any one to pay the debt of another, or in consideration of marriage, or for any interest in lands, except leases not exceeding three years, or that are not to be performed within one year from the making thereof, are void, unless the agreement or some memorandum thereof be put in writing, and signed by the party to be charged or some -oe lawfully authorized. Limitation of Actions. ALL titles to lands or possessions for seven years shall be good against all claims whatsoever. Persons beyond seas allowed three years. Any person may prosecute his right to land within ten years; persons beyond seas, married women, and persons imprisoned, have seven years; minors have five years after their majority. In actions to try titles to land, if the plaintiff or claimant discontinue, or suffer a nonsuit verdict or judgment against him, or in any other way let the first action fall, he may bring a second action within two years; otherwise he is barred. The second action is final. Actions of trespass quare clausuLns fregit, trespass, detinue, trover, replevin, debt, covenant, and case, must be brought within four years. Actions of trespass of assault and battery, and imprisonment, must be brought within one year. Actions of slander must be brought within six months. Collection of Debts. ATTACHMENT.-Attachment may issue against the property, real and personal, of a non-resident debtor, or a debtor who absconds, or who is removing out of the district, or who conceals himself so that process can not be served upon him. ARREST. -A debtor, about to abscond before the maturity of the debt, may be held to bail. A debtor may be held to bail in any case where the debt exceeds thirty dollars Ind sixty-two cts., upon affidavit of the fact being annexed to the writ or process. Deeds. ACKNOWLED'GMENTS of deeds by the grantor on proof of their execution by onl,f the subscribing witnesses may be made before any magistrate. Conveyances should be immediately recorded in the office of the register of mesne conveyances of the district where the land lies. In Charleston district there is a special register; in all the other districts the clerk of the court acts as register. They may be acknowledged, out of the state, before commissioners appointed, by the governor for that purpose. A scrawl of the pen may be used for a seal. The conveyance must be attested by two witnesses. The wife may release her dower, if she be of lawful age, idr the premises conveyed by her husband, by going before any judge of the court of common pleas or magistrate for the district in which she may reside or the land may be and acknowledge before him, upot a private and separate examination, that she did freely and voluntarily, without any compulsion, dread, or fear, of any person whomsoever, renounce and release her dower to the grantor, his heirs and assigns, in the premises mentioned in such deed. A certificate, unuder the hand of the woman and the hand and seal of the magistrate, shall be endorsed upon such release, and recorded in the office of mesne conveyances, or office of the clerk of the county court in the district or county wvhpre the land lies.

1E S CIAL Lt.AWSA'- c SO'?TH C';AriOLtXi Form of Acknowledgment by a Single Man. The State of Seoth Carolina, 1 Charleston District. I, JOHN JONES. one of the judges of the court of common pleas, do hereby certify tfha JOHN DOE did this day appear before me and acknowledge that he did sign, seal, and deliver, the within conveyance.unto tre within-namzed JAMES SMITH, as his free act and deed. Given under my hand and seal, this thirtieth day of April, Anno'D'omtni one thousand eight hundred and fifty-one. JOHN JONES (Scal.) Form by Statutefor Release of Dower. The State of South Carolina, } Charleston District. $ 1, JOHN JONES, one of the judges of the court of cosmon pTeas, do hereby certify urn to all whom it may concern, that SUSAN DoE, the wife of the within-named JOHN DoE, did this day appear before me, and upon being privately and separately examined by me' did declare that she does freely, voluntarily, and withoutany compulsion, dread, or fear, of any person or persons whomsoever, renounce, release, and for ever relinquish unto the within-named DUNN BROWN, his iheirs and assigns, all her interest and estate, nld alsu all her right and claim of dower, of, in, or to, all and singular the premises within-mene tioned and released. Given under my hand and seal, this thirtieth day of April, Anno Domini one thousand eight hundred and fifty-one. SUSAN DOE. (Seat.) JOHN JONES, Judge. Form for Renunciation of Inheritance. The State of South Carolina, } Charleston District. I, JOHN JONES, one of the judges of the court of common pleas, do hereby certify unto all whom it may concern, that SUSAN DOE, the wife of the within named JOHN DOE, did this day appear before me, and upon being privately and separately examined by me, did declare that she did actually join her said husband in executing the within release, and that the same was positively and bonafide executed, at least seven days before this her examination, and that she did then. and still does at this time, freely, voluntarily, and without any-manner of compulsion, dread, or fear, of any person or persons whonmsoever, renounce, release, and for ever relinquish, unto the within-named.lAMES SaIaITH his heirs and assigns, all her estate, interest, and inheritance, in all and singular the prem. ises within mentioned and released. Given under my hand and seal, this thirtieth day of April, Anno Domini one thousand eight hundred and fifty-one. SUSAN DOE. (Seal.) JoHN JONEs, Judge. Rights of Married Women. THE common law in regard to the rights of married women prevails in this state, except that marriage-settlement deeds must be recorded in the office of the secretary of state, and register of mesne conveyance within three months after their execution. Rate of Interest. THE legal rate is seven per cent. The party reserving more, forfeits the en. tire interest, and iast pay the costs. Wills. WILLS must be in writing, signed by the testator, or some person in his presence and by his express direction, and attested and subscribed ir the presence of the testator by three or more competent witnesses. o7 formn of attestation, see page 163.

SPECIAL LAWS OF. GEORGIA. 243 GEORGIA. -astitution adopted 1798.-Square Miles 61,500.-Population in 1850, 877,897, Exemptionsg THERE are exempt from attachment and sale oti execution, two beds and bedding, common bedsteads, _-________ —— == a spinning-wheel, and two pairs of cards; a loom, common tools of the debtor's trade, and ordinary cooking-utensils; thirty dollars' worth of provisions, and the family Bible; a cow and calf; one horse or mile, the value of which shall not exceed fifty dollars; also ten heed of hogs and the same privileges are extended to all widows and their families, during their widowhood, Homestead-Exemption Law. EVERY white citizen of this state, male or female, being the head of a family may own, fiee from levy and sale by virtue of any judgment, order, or decree, of any court of law or equity in this state, founded on any contracts made after the first day of May, one thousand eight hundred and forty-two, or any process ema nating upon the same, twenty acres of land, and the additional sum of five acres for each of his or her children under the age of fifteen: Provided, that the same, or any part thereof, be not the site of any city, town, or village, or of any cotton or wool factory, saw or grist mill, or of any other machinery propelled by water or steam. The twenty acres thus exempted shall include the dwelling-house and improvements of the original tract, provided the value of such dwelling-house and improvements shall not exceed $200-extended to cities, towns, and villages. From and after the passage of this act (December 22, 1843), the amount of fifty acres of land to the head of each family is exempt fiomn levy and sale by virtue of any judgment, order, or decree, of any court of law or equity in this state, founded on any contracts made after the first day of January, one thousand eight hundred and forty-four, except the same shall be for the purchase-money of said land, for the payment of which said land shall be bound. The same property is likewise exempt from attachment. Mechanics' Lien. EVERY mason or carpenter, building or repairing any house, shall have a lien on the same, if he, within three months fiom the time the same is completed, cause to be recorded in the clerk's office of the county where such building may be, his claim thereon. Within twelve months from the time his debt is due, he must institute a suit to enforce his lien. All persons, employed in any capacity whatever, on all steamboats and other water-craft engaged in the navigation of the Chattahooche, Altamaha, Ocmulgee, Savannah, and Flint rivers, also those who furnish wood and provisions to said steamboats and water-craft, shall have an exclusive lien on the same for their debt, if they prosecute the collection within twelve months after it is due.

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246 SPECIAL LAWS o0 GEORGIA. When the sum exceeds thirty dollars, they may make affidavit of the sum &eaa before any judge of the superior court, or justice of tl e inferior court in the county where the craft lies, and judgment may be entered thereon, and execution issaa immediately. If the sum be thirty dollars or under, then the same proceeding may be had before a justice of the peace. Provision is made for proceedings when the claim is contested. The same lien and. expeditious proceedings are allowed to persons employed in steam saw-mills, to those furnishing timber or firewood, provisions or supplies therefor. Also millwrights and builders of gold-machines in this state are entitled to the same lien, and the same method of enforcing it. Chattel Mortgages. THF.SE must be proved by the affidavit of the subscribing witness, and recorded in the clerk's office of the superior court of the county in which the mortgager resided at the time of the execution of the mortgage, within three months from the date thereof. Law regulating Contracts. No action shall he brought whereby to charge any executor, or administrator, upon any special promise, to answer damages out of his own estate; or whereby to charge the defendant, upon any special promise, to answer for the debt, default, or miscarriage, o' another person; or to charge any person, upon any agreement made upon consideration of marriage; or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concernina them; or upon any agreement that is not to be performed within the space of one year fiom the making thereof; unless the agreement upon which such action shall be brought,.or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized. No contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upward, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain or in part phyment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized. Limitation of Actions. ACTIONS for the recovery of land must be brought within seven years. Infants, married women, persons insane, imprisoned, and beyond seas, have three years after the removal of such disability. Actions upon the case, other than for slander, actions for account, for trespass, debt, detinue, and replevin, for goods and [chattels] cattle, and trespass quare cli7ms sn fregit, within four years. Actions of trespass of assault, battery, wounding, and imprisonment, within two years. Actions upon the case for words, within six months after the words spoken. Infants, married women, persons insane, imprisoned, and beyond seas, have the same times after their disability is removed. Notes and instruments in writing, not under seal, within six years. Instrt ments under seal, within twenty years; actions on open account, within four year. Actions on foreign judgments in five years.

IPMIAL LAWS OS? GEORGIA, 27 Collection of Debts. ATTACHMENT.-In case of non-residence, or where both debtor and creditor reside withaut the limits of the state, the creditor may attach the real and peraonal property of the debtor in the state. When a debt is not due, and the debtor is removing or about to remove without the limits of the state, and oath is made by the creditor, his agent, or attorney, of the amount due or to become due, and that the debtor is removing or about to remove out of the state, an attachment may issue against his property. In all cases pending a suit, if the defendant place himself in such a circumstance as would, by the laws of the state, authorize an attachment, one may Issue. ARREST.-Any person imprisoned or arrested for debt, who shall make it appear to the cou't that he is insolvent, and shall deliver a schedule of his real and personal estate, debts, credits, and effects, and shall take tjie. poor debtor's or insolvent's oath, shall obtain a discharge from imprisonment; and every debtor so discharged shall not be liable to be imprisoned on execution for any debt con~ tracted before his discharge with any creditor having notice of his application for such discharge., nor shall he be arrested or held to bail in mesne process ~or any debt or contract entered into prior to his discharge. Married women and widows are not liable to arrest for debt Deeds. DEFDs must be executed under hand and seal (scroll), in the presence of two or more witnesses, and acknowledged or proved before a justice of the peace, or the chief justice, or one of the assistant justices, or clerk of the superior court, and registered by the clerk of the court in the-county where such lands lie, within twelve months from the date of such deed. Seven years undisturbed possesiion gives good title to land. Deeds must be attested or proved before the clerk of the superior court, to be admitted to record. Deeds made out of the state may be admitted to record on affidavit of one of the subscribing witnesses before an officer in this state as ia other cases. The wife joining must acknowledge and agree, before the chief justice, or any justice of the peace, or other officer, authorized to take the -ackhnowledgment, on private examination,. that she did, of her owin free will and accord, subscribe, seal, and deliver the said deed, with an intention thereby to renounce, give up, and ftor ever quit-claim to her right of dower and thirds, of, into, and to, the lands or tenements therein mentioned.'Consuls and vice-consuls of the United States, duly appointed and recognised, may take such acknowledgment of persons being within their consulates, and certify thle.same under their official seals. Form of Acknowledgment. State of Georgia, ) County of Crmtford, to wilt On this frst day of October, one thousand eight hundred and ffy, before me personally came Jo'u"N DoE and SUSAN his wife, to me known to be ihe pre sons described in, -and w'ho executed the foregoing cove'yrance. and severally acknowledged that they executed the same; (and the said SUtsAN, Ont 7prRate exzniaaioin, acklorwied,,ed and a/greed that she did, of her oci free?'il/ andi accord, subscribe, sel1, a77id deliver the said deed, i-,th ant intenton thereby ta re.non nce~ ive up ad foar,ever quit-claim, her right of doreri Acd thirds, and all kr aoer atr'-est of, into, and to, the lands or tegnements thereitn mentioned. JOHN JONES, Justice of the Peao.

248 SPECIAL LAWS OF GEORG2IA Rights of Married Women. DOWER -The wife must make application for her dower within seven yearn from the time of her husband's death. All conveyances of lands and tenements made by the husband alone during coverture shall convey the entire premises (except such lands as the husband is seized of bv his intermarriage with his wife), aly law, usage, custom, or rule of court, to the contrary notwithstanding; Provided, that nothing herein contained shall deprive the widow of her right to dower in all lands of which her husband may have died seized and possessed. Rate of Interest. THE legal rate is seven per cent. If more. be reserved, the party loses the entire interest W ills. TqH2Ex must be in writing, signed by the testator or some person in his prea ence and by his express direction, and attested and subscribed, in the presence of the testator, by three competent witnesses if to pass real estate, or two if per-;onal property. TEXAS-(SEE PAGE 271). Rights of Married Women, ALL property, real and personal, owned or claimed by married women, or which may be owned or claimned at the time of marriage by any womtan or which she may acquire by gift, devise, or descent, shall be registered. A schedule thereof shall be made out, particularly describing the same and acknowledged by her that the property described therein is her separate property, and recorded in the county or counties where it really lies, and if there be personal property, then also in the county where she resides. Property so recorded can not be recovered by the creditors of the husband. She has also a community of acquits, or joins with the husband in all property acquired during coverture, except that acquired by devise, gift, or descent. The community prop erty may be sold by the husband alone and is liable for his debts. DowER.-The widow is entitled to the use of one third of the real estate for her life. Rate of Interest. THE legal rate of interest where no rate is specified, is eight per cent. Parties may agree upon any rate as high as twelve per cent. Where more is reserved no interest can be Yr covered. Wills. No parent can deprive his descendants by will of more than one fourth of his or her property. Wills must be in writing, signed by the testator or by some other person in his presence and by his direction; and moreover, if not wholly written by himself, be attested by two os more credible witnesses above the age of fourteen years subscribing their names in h presence.

BPEIIAL LAWS- 0' FLolDA. 249 FLORIDA. Obistitution adopted 1845.-Square Miles 59,268.-Population in 1850, ST38t,:Exemptions. Tt E necessary wearing-apparel and bedding of eVa - ery person, and the necessary wearing apparel, bedding and kitchen furniture of every family, shall be exempt from execution, attachment, and distress. The follows ing property may be claimed as exempt from execation, attachment, and distress, except for violation of the criminal laws: the horse, saddle, and bridle, or the horse, saddle, vehicle, and harness, of every clergyman not exceeding in value one hundred dollars. The horse, saddle, and bridle, medicine, and profes— f — \ \ sional books, and instruments, of every surgeon, midwife, or physician, not exceeding in value one hundred dollars one set of working-tools, or instruments of every mechanic, artist, dentists artisan, or tradesman, not exceeding in value one hundred dollars. The horse and gun not exceeding in value one hundred dollars, belonging to every farmer who is in actual cultivation of five or more acres of land within the state; Every actual housekeeper with a family, may claim as exempt, such portion of Iis property as may be necessary to the support of himself and family, not to exn ceed in value one hundred dollars; thereby waiving claim to all right to other exemption of property; provided, in every case, the defendant is not moving out of the state, nor resides beyond the limits thereof, nor is removing his property beyond the limits of the same, nor is secreting or fraudulently disposing of his property for the purpose of avoiding the payment of his just debts; and, provided also the defendant shall make affidavit that he hath mafde a fair, full, and complete statement of all his property, in trust or otherwise, of all moneys, debts, and dea mnands, due or to become due, which statement shall be signed by him and with the affidavit accompanying the return of the process. Every farmer seized and pagssed of forty acres of land, in his or her own right in fee simple, and shall actuall have in cultivation at least ten acres of the samet ahall hold the same free and exempt from execution, attachment, or distress, ex. cept for a violation of the crimnal law, or for fines or taxes; provided, the land and improvements do not exce toin value two hundred dollars. Also the boat and gun of every fisherman, pilot, or resident upon any island oe coast, or any bay, harbor, or inlet of the state, and the boat and flat of any felrry man, whenin either case the same shall not exceed in value two hundred dollar: Every owner of a dwelling-house in a city, town, or village, provided he shall actu. ally reside in said house, and provided also the same shall not exceed in value three hundred dollars, shall hold the same free from execution, attachment, or distress, ex.^ cept for violation of the criminal laws, or for fines or taxes.-Passed January 22, 1851. Mechanics' Lien. MSASTrIFSUILDIERS and mechanics of every denomination, in the state of Florida, contracting and engaging'to put up and erect buildings of every description, or enga' ging to perform jobs of work on any such buildings, shall have a lien on all such build. inus as they may pult up or erect or work upon, until the compensation for services shall be fully paid and satisfied, to the amount agreed upon between the contracting parties. They shall enforce the lien only in the following cases, viz.: 1. Where the contract shall be reduced to writing and signed by the parties making the same. 2. Whera

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252 SPVCIAL LAWS OS SLORIVA, the amount- sall be liquidated between the contracting parties, annd a net'balar'e be struck between the persons contracting to perform as aforesaid, or provide mnaterials. All contracts entered into, liquidated or net balance struck, shall be recorded in the clerk's office of the circuit court, for the county where such contract shall be required to he executed, within thirty days after their execution. Artisans, builders, and mechanics, and those who furnish materials for buildings under contract with the proprietor thereof, and all sub-contractors, shall have a lien for suc material furnished, and for work and labor done on houses and vther edifices, by them hereafter erected in whole or in part, each one for his own work and materials f-rnished. Every person wishing to avail himself of the benefits of this act, except subcontractors, must file with the clerk of the circuit court of the county in whih the building to be charged is situate, and within six months after the materials have been furnished or the work and labor performed, a just and true account of the demand due him after all credits. and verify it by his own oath or that of some other person, and also file at the same time a correct description of the property to be charged with said lien. Every sub-contractor shall give notice in writing to the proprietor, of his intenr tion to furnish materials or perform labor on the building, and the probable value thereof, and if afterward (the proprietor or his agent not objecting), materials are furnished or work done, the sub-contractor shall settle with the contractor in writing, the same signed by the contractor, and certified by him to be just, shall be left with the owner or proprietor, or his agent, and within ten days from the time the materials are furnished or work done, the sub-contractor shall file with the clerk of the circuit court of the county in which the building is situate, a copy -if such settlement which shall be a lien on the building; and he must also file a Correct description of the property to be charged with the lien.'The land upon which any building shall be erected, together with a convenient space around the samie not exceeding five hundred square feet, clear of the building, shall also be subject to the above liens. Ship-chandlers, storekeepers, and all dealers, mechanics, and workmen, shall have a lien on any ship, vessel, steamboat, or other water craft, for all stores, provisions, rigging, or other materials, or labor or services of any kind furnished oi rendered to, or fbr the use of such vessel, &c.; which lien shall have a preference over all others the lien to cease if not enforced within twenty days after the arnasaccrued. Chattel Mortgages, THEExs meast be acknowledged and recorded in the county where the moTS gaged property shall be at the time of the execution of the mortgage. Law Regulating Contracts. No action shall be brought whereby to charge any executor or ach'inistrator, upoen any special promise, to answer damages o'ut of his own estate; or whereby to. charge the defendant, upon any special promise, to answer for the debt, default, or miscarriage, of another person; to charge any person, upon any agreement made upon coxnsideration of marriage; or upon any contract for sale of lands, tenements, or herediaments, or any uncertain interest in or concerninas them, or for any hire thereof, for a longer term thans one year; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the areement upon which such action shall' be brought, or some mnemorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized. No contract for the sale of any personal property, or goods, vares, and merchandises, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually veceive the same, or give something in earnest to bind the bargain or ia

1PVECtAL LAWS OP FLORIiDA. 253.pl payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized. Limitation of Actions. ACTIONS for the recovery of real property must be brought within seven years. In ease of disability, of infancy, &c., within four years after the removal of such disability. In case of death during disability, then within three years thereafter. —Act of Jan. 1848. All actions upon the case, other than for slander, of account, for trespass, debt, detinue and replevin for goods and chattels, and the said actions, of trespass quare clausum,fegit, must be brought within five years next after the cause of action accrued. Actions of assault, battery, wounding, and imprisonment, within three years. Actions upon the case for words within one year. Actions founded upon any ac" count for goods sold and delivered, or for any article charged in any book-account, must be brought within two years from the delivery of the goods: if the creditors or the debtors die within such two years, then the further time of two years. Infants, married women, persons insane, imprisoned, beyond seas, or out of the country, have the same periods respectively after the removal of their disability. Actions of account, as concern merchandise between merchant and merchant, actions of debt on speciality, actions of covenant, are not regulated by statute, but governed by the English law prior to 1776. In suits against administrators on open account, it is the duty of the court to expunge every item due five years before the death of the party. No action can be brought on, or scirefacias to revive a judgment against an administrator or executor after five years firom the time such administrator or executor qualified. If any person, by absconding, concealing himself, or otherwise, prevents his creditor from bringing suit within the time above specified, the statute may not be pleaded by such person in bar of any suit brought against him. Collection of Debts. ATTACHMENT.-Attachment may issue upon an affidavit that there is a debt due or, to become due-within nine months, and that the debtor is actually removing out of the state, or resides beyond the limits, or absconds, or conceals himself, so that ordinary process can not be served upon him, or is removing his property beyond the limits of the state, or secreting or fraudulently disposing of the same fo2 the purpose of avoiding the payment of his just debts. Imprisonment for debt does not exist. Deeds. CONVEYANCES must be made by deed in writing, sealed and delivered in the presence of at least two witnesses. They must be acknowledged before the officer authorized by law to record the same, or before some judicial officer of this state. The officer taking the acknowledgment shall know or have satisfactory proof that the person making such acknowledgment is the individual described in and who executed the deed. If the acknowledgment is made out of the state, then before the commissioner appointed for that purpose. Dower in any lands, tenements, or hereditaments, in this state, may be extinguished by the wife making herself a party to the conveyance for the purpose of reo linquishing the same, or she may by a separate relinquishment under her hand and seal, executed in the presence of two witnesses, renounce her right of dower, and in no other way whatever; provided, such relinquishment or renunciation shall not in either case be valid against or binding upon the wife executing the same or any person or persons claiming through or under her, unless it be accompanied by an acknowledgment under the hand and seal of the wife taken and made. separately and apart from her husband, before some judicial officer of this state, when it shall have been made therein, that the said relinquishment and renunciation of 22

3 SP2iOAL, LAWS OP FLORIDA~ dower is made freely and voluntarily, and without any compulsion, constraint apprehension, or fear, of or from the husband of the party making the said relinquishment. Conveyances to be admitted tp record must be acknowledged by the party making it, or proved by one of the subscribing witnessesd They must be recorded by the recording officer in the county where the lands lie. Rights of Married Women. WHEN any female, a citizen of this state, shall marry, or when any female Shall marry a citizen of this state, the female being seized or possessed of real or personal property, her title to the same shall continue separate, independent, and beyond the control of her husband, notwithstanding her coverture, and shall not be taken in execution for his debts. Married women may hereafter become seized or possessed of real and personal property during coverture, by bequest, demise, gift, purchase, or distribution. The husband and wife shall join in all sales, transfers, and conveyances of the property of the wife. and th'e real estate of the wife shall only be conveyed by the joint deed of the husband and wife, duly attested, authenticated, and admitted to record. The husband shall not be held or deemed liable to pay the debts of his wife contracted prior to any marriage hereafter (1845) to be solemnized in this state; but the property of the wife shall be subject to such debt. If married women die in this state possessed of real and personal property, or of either species of property, the husband shall take the same interest in her said property, and no other, which a child would take and inherit; and if the wife should die without children, then the surviving husband shall be entitled to administration, and to all her.property, both real and personal. All the property, real and personal, which shall belong to the wife at the time of her marriage, or which she may acquire in any of the modes hereinbefore mentioned, shall be inventoried and recordedvin the circuit court, or clerk's office of the county ili which such property is situate, within six months after such marriage, or after said property shall be acquired by her at the peril of becoming liable for her husband's debts; but any omission to make such inventory and record shall confer no rights upon her husband. DOWER.-A widow is entitled to a life estate in one third of her husband s real estate. In his personal estate, if there be no child or only one child, the widow takes one half of it absolutely. If more than one child she takes one.third absolutely, except in slaves in which she takes a life estate. A widow may elect to take dower or a child's part, if sle.takes dower she has only a life estate in the real property; if she takes a child's part she has a fee-simple title to real property and absolute title to personal property including slaves. Rate of Interest. THE rate of interest is eight per cent, by agreement; if no rate be specified, then six per cent. Usury is punishable by indictment and loss of entire interest Wills. WILLS must be in writing, signed by the testator or by some other person in his presence, and by his express directions, and shall be attested and subscribed in the presence of the testator by T'HUREz or more witnesses.

SPCIAtJ LAWS bO AtAAAM. Ah ALABAMA. Constitution adopted, 1819.. —Square Miles, 50,722.-Population in 1850, 771,650. Exemptions. THERE are exempt from levy and sale on execution twobedr and furniture; three cows and calves; one workihorse, mule' or pair of oxen; twenty head of hogs; twenty head of sheep: 500 weight of meat; 100 bushels of corn; all the meal that may at _ \ Ei> any time be on hand: two ploughs, two sets plough-gears; one M table, one pot, one oven, two water-vessels, one dozen cups and saucers, one set. of knives and forks, one dozen plates, one coffee-pot, two-dishes; two pairs of cotton cards; one churn three chairs; two spinning-wheels; two axes, two hoes; one horse or ox cart; one gun; all books and family portraits, and all tools or implements of trade. Goods and chattels lying on leasehold property can ntot be taken without first tendering the landlord the amount due him for rent, not more than for one year. Homestead-Exemption Law. FORTY acres of land, when not within the corporate limits of any town or city, and not exceeding in value four hundred dollars, is exempt from execution. Limitation of Actions. ACTIONS of trespass, detinue, trover, replevin for talting goods and chattels, actions of debt founded upon contract or lending not a specialty, for arrearages of rent, on a parol de. hfise. of account, and upon the catse (except between merchants concerning the trade of merchandise), must be commenced within six years. Actions upon any lease under seal, or any sealed instrument for the payment of money, Within sixteen years. Trespass for assault, mbnace, battery, wounding, and imprisonment, within two years. Actions on the case for words, within one year. Judgment in any court of record may be revised by scirefacias, or action of debt, within twenty years. The right of entry upon lands is limited to twenty years after the accrual of sutch right, (Possession for twenty years, under claim of title, creates a presumption of a grant.) Real, possessory, ancestral, mixed, and other actions for lands, are limited to thirty years. Actions of forcible entry and detainer are barred by three years' adverse possession. Actions on open account, except between merchants, are limited to three years. Writs of error to the supreme court of the state are limited to three years. Wills may be contested by bill in chancery within five years from the time of probate. The time of absence from the state is not computed. Infants, married women, persons insane or imprisoned, have the same periods respect. ively after the removal of their disability. The law regulating contracts is the same as in GEORGIA (page 246). Collection of Debts. ATTACHMENT.-Upon an affidavit that the debtor absconds, secretes himself, or resides out of the litnits of the state. or is about to remove out of the state, so that process can not be served upon him, or is about to remove his property out of the state, whereby the plain. tiff may lose his debt or be compelled to sue for it in another state, or that the debtor has fraudulently disposed of, or is about fraudulently disposing of. his property; or that he has money, property, or effects, liable to satisfy his debts, which he fraudulently withholds; and stating the amount due, and that attachment is not sought for the purpose of vexing or harassing the debtor, and upon the plaintiff's executing bond to the defendant in double the amnount sworn to be due, an attachment may issue against his property, real and personal. Attachments, ancillary to suits pending, may be sued out on the same grounds as original attachments. Judgments are usually obtained at the second term of the court after the institution of suit, and create a lien on real estate, throughout the state, from the date of rendition. Executions bind personal property, in any county within the state, upon their delivery to the sheriff thereof. One year is the shortest time in which money can be collected by law. < ARREST.-A person can be arrested for debt only when the plaintiff makes affidavit that the debtor is about to abscond, or has or is about fraudulently to convey his property, or has money or effects which he fraudulently withholds, or that the debt was contracted by fraud. But the debtor may discharge himself from arrest by making oath that the ground Wpon which he ia arrested is untrue, and that he has nothing with which to pay the debt; or

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258 SPECIAL LAWS OF ALABAMA. by rendering a schedule of all his property of every kind, and making oath that he has nhe property to the amount of twenty dollars, except that rendered in the schedule, and such property as is exempt by law from execution, and that lie has not disposed of any property to secure the same to his own use, or to defraud his creditors. The plaintiff may controvert the truth of the oath of the debtor. A person convicted of rendering a false or fraudulent schedule, is liable to imprisonment for one year. Deeds. No witness is necessary where the maker of the deed acknowledges the same before the officer, and a scrawl of the pert may be used instead of a seal. Instruments importing on their face to be sealed shall be deemed sealed instruments, whether the scrawl he added or not. Deeds must be acknowledged or proved according to law before they can be properly recorded. They may be acknowledged before a judge of the county court, clerks of the circuit court of the several counties, and any notary public in any county for which he is commissioned, and any justice of the peace. The wife of the grantor, joining with him in the deed, need not necessarily be privately examined. All conveyances should be immediately recorded, and in this state Ihey must be recorded within six months, or they will be void against a subsequent bonafide purchaser or mortgagee without notice. When a married woman joins her husband in the execution of a deed in the presence of two or more witnesses, or acknowledges the execution of the deed before a competent oticer, the same operates as an absolute bar to her right of dower in the land conveyed, and in such case no private examination is necessary. Form of Acknowledgment of Ded from John Jones and his Wife Mary Jones to John BroOwn. The State of Alabamna, lMontgomery County, 5 Be it remembered, that the above-named JOHN JONES appeared personally before me, JOHN SMITH, judge of the probate court of said county, and acknowledged that he signed, sealed, and delivered, the foregoing deed, on the day and year therein mentioned, to the aforesaid JOHN BROWN; and also appeared personally before me, MARY JONES, uife of the said JOHN JONES, who, being examined privately and apart from her said husband, aclonowl edged that she signed, sea-led, and delivered the said deed, freely and of her own accord, and withl 0out anyfear threats, or compulsion, of her said husband. Given under my hand and seal, this second day of April, in the year of our Lord one thou. sand eight hundred and fifty-one. JOHN SMITH (seal.), Judge of the Probate Court, IJ1. C. Rights of Married Women. ALL the property which a woman has at the time of her marriage, and all that she ac' quires thereafter, is esteemed in law as her separate estate, notwithstanding her coverture, and the husband acquires no right to the property by marriage. The property vests in the husband as trustee of the wife, tle husband controlling the property, without liability to account to the wife for the proceeds. The property can not lhe taken by legal process for the husband's debts. Tie husband and wife are jointly liable and suable at law for all necessary family supplies. DowER.-Tlhe widow (if no provision is made for her by will) is entitled to one third part of the real estate of which her husband died seized, and to which she has not relinquished the right of dower, and to one half of tie personal property if there he no children, or if tilere be but one child; if there be more than one child, and less than five, she is entitled to a child's part; if there be five children or more, she is entitled to one filth part in absolute right. Site shall be endowed of one half of her husband's estate when he dies leaving no lineal descendants, unless the estate is insolvent. The widow may dissent fromn or waive provision in a will, and claim her dower, at any time within one vear after the probate of the will. The widow may retain the dwellinghouse, plantation, &c., free of rent, until her dower is assigned her. Rate of Interest. THe legal rate of interest is eight per cent. In usurious contracts, the principal, without any interest, maiy be recovered. Persons taking usurious interest are liable to an action, g5i tarm, for tile whole amount. The party borrowing the money may be a witness to prove the usury. W ills. EVERY person twenty-one years of age, and of sound mind, may dispose of lands by will. Wills must be signed by the testator, or by some one in his presence and at his request, amd attested by three or more witnesses. Nuncupative wills may be established when the toe ator in his last illness calls on persons to take notice that such is his will.

SPECIAL LAWS OF MIISSISSIPPI. 259 MISSISSIPPI. Constitution adopted, 1832.-Square Miles, 47,151.-Population in 1850, 600,000. Exemptions. __ 3 __ THERE is exempted in this state from levy and sale on execution, the agricultural implements of a falrmer necessary for one male laborer; the tools of a mechanic necessary for carrying on his trade; the books of a student necessary for the completion of his education; the wearing apparel of each and every person; one bed and bedding; one plough horse, provided the value thereof do not exceed one hundred dollars; and one cow and calf of every housekeeper, and the arms and accoutrements of each person of the enrolled militia of the state. Goods on leasehold premises are not liable to execution until the rent in artear, not to exceed one year, is tendered. Mechanics' Lien. MECHANICS have a lien on buildings for their labor done and materials furnished, provided the contract be reduced to writing and signed by the parties thereto, and recorded in the clerk's office of the -ourt of probates of the county where such building is situate: or if there be no contract, that each person posse.sin a lien conmmence a suit within six months after the date of said written contract, or the commencement of said building, provided that the contractor of mechanic perform his work according to contract. Chattel Mortgages. MoRTGAGaS of chattels must be acknowledged and recorded in the court of the counity where the property is situate; and if removed to another county, must be recorded in that county within twelve months after such removal. Law regulating Contracts. No action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer any debt or damages oct of his own estate; or whereby to charge the defendant, upon any special promise, to answer for the d-bt, default, or miscarriage, of tnlotliet person; or to charge any person upon any agreement made u!ion consideration of marriage; or uipon any contract for the sale of lands, tenements, or hereditaments, or the making any lease thereof for a longer term than one year; or upon any agreement which is not to be performed within the space of one year from the making thereof, unless the promise or agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged thereWith, or some other person by him orher thereunto lawfully authorized.

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2 ^P1IeCIAL LAWS OP MISSISStIPPO Limitation of Actions. REAL and mixed actions must be brought within twenty years after the cause of action accrues. All actions of trespass quare clnalsm fregit, of trespass, detinue, trover, and replevin, for taking away goods and chattels; all actions of debt ftunded upon any lending or contract without specialty, or for arrearages of rent due on a paro! demise; all actions of account and upon the case, except actions for slander and such as concern the trade of merchandise between merchant and merchant, their factors and agents, must be commenced and sued within six years next after the cause of action has accrued. Minors, femme coverts, and persons non-compos-mentis, at the time any cause of action may accrue, shall have the period of the limitation to institute suit, after the removal of their disability. The time during which any person liable to a cause of action may be out of the state, is not reckoned a part of the limitation. All actions founded upon any contract for goods, wares; or merchandise, sold and delivered, or for any article charged in any store account, must be commenced and prosecuted within two years after the accruing of such cause of action. Every action of debt or covenant, for rent or arrearages of rent, founded upon any lease under seal, and every action of debt on a bill, obligation, and award, for the payment of money, must be commenced and sued within sixteen years next after the cause of action has accrued. Judgments of any court of record may be revived by scire facias, or action of debt thereon, at any period within twenty years from the date of the judgment. Collection of Debts. ATTACIHMENT.-If any. creditor shall make complaint, on oath.or affirmntion, to any judge of the supreme court, or justice of the peace of any county, that his debtor has removed or is removing out of the state, or so absconds or privily conceals himself that process can not be served on him, and state the amount of his demand, an attachment shall be granted. A bond must be given by the plaintiff to secure the payment of costs and dam ages that the defendant may recover against him. Arrest for debt is abolished. Deeds. IT is necessary, to the due execution of a deed, that a SEAL be used, ead that it be attested by two subscribing witnesses. A deed must be acknowledged by the party or parties who shall have exe. cuted it, or proved by one or more of the subscribing witnesses, that such party or parties signed, sealed, and delivered the same, as his, her, or their voluntary act and deed, before a judge of the supreme court of this state, or a justice of the county court, justice of the peace, and notaries public, of that county in which the lands or some part thereof are situate, and a certificate of such acknowledgment written upon or under the said deed, and signed by the officer before whom it was made, and recorded with the clerk of the county court where the land is situate. A married woman must acknowledge, on a private examination, apart from her husband, that she signed, sealed, and delivered the same, as her voluntary act and deed, freely, without any fear, threats, or compulsion, of her husband; and a certificate thereof must be written on or under the deed. In other parts of the Union, acknowledgment must be made before and certi

SPECIAL LAWS OF MISSISSIPPI. 263 fled by the chief justice of the United States, or an associate justice of the sapreme court of the United States, or a district judge of the same, or any judge or justice of the supreme or superior court of any state or territory in the Union. In a foreign country, they may be acknowledged before any court of law, mayor or other chief magistrate of any city, borough, or corporation, of the said fo-eign country, certified as such acts are usually, and authenticated by him or them. Form of Acknowledgment. State of Mississippi, ClaiborLe County, ss Personally appeared before me, JOHN JONES, judge of the supreme court, the abae named JHN DOE, who acknowledged that he signed, sealed, and deliv srel the foregoing deed, on the day and year therein mentioned, as his voluntary act and deed. Given under my hand and seal, this tenth day of December, A. D. one thou. sand eight hundred and ffty. (Seal.) JOHN JQNES, Judge of the Supreme Court. Rights of Married Women. A MARlTRID woman may become seized or possessed of property, real or per. sonal, by direct bequest, gift, or purchase, or distribution, in her own name, and as of her own property, provided the same does not come from her husband after marriage. The slaves owned before marriage, and their natural increase, continue her separate property, exempt from any liability for the debts or contracts of her husband; also those she mny acquire by conveyance, gift, inheritance, distribution, or otherwise, after marriage, and their natural increase. DOWsE.-The widow is entitled for life to one third of all the lands, tenements, and hereditaments, of which her husband died seized and possessed, or had before conveyed, whereof said widow had not relinquished her right of dower as provided for by law. Rate of Interest. THE rate of interest is eight per cent. for the bona fide use of money; six per cent. upon other contracts. The penalty for usury is the loss of the entire interest. Wills. WtLts should be in writing, subscribed by the testator, and attested by three credible witnesses. If the will is wholly wrtten by the testator, and subicribed by him, it need not be attested by any witness.

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Q SPgPECIAL LAWS OF LOUMAINAQ LOUISIANA. Constitueton adopted, 184I.-Square Miles, 46,431.-Popula on in 1850 500,76-m Exemptions. ~.~ ^i:>2-9.'- 1 THE sheriff can not seize the linen and clothes belonging to' -9pg'~/.~^.l- the debtor or his wife, nor his bed, nor those of his fainlly, ncY his arms and military accoutrements, nor the tools and instla. 4-~'- / +:~^ = mnents necessary for the exercise of the trade or proression by M — _. ~ - whi'chll he gains a living. Nor can he seize the agricultural implements and workolng-cattle, separately from the land to AdS-l ~:~~~.~:7 wcwhich they are attached; nor tihe rights of personal servitude, of use and habitation; of usufruct to the estate of a minor child, the income of dotal property. Seepage 154. Mechanics' Lien. -~:'~,.~i; ar fic TsiE undertaker [contractor] has a privilege tlien] for the payment of his labor, on the building or other work which he nay have constructed. Workinen enployed immediately by the owner in the constlruction or reptir of any building, have the same privilege. Workmen and persons fmrnishing mate. rials, who lave contracted with the undertaker, have no action against the owner who has paid him. If the undertaker be not paid, they may cause the moneys due him to be seized, and they are of right subrogated to his privilege. The payments which the proprietor may have made in anticipation to the undertaker, are considered, with regard to workmen and to those who furnish materials, as not having been made, and do not prevent them from exercising the right granted tlem by the preceding article. No agreement or undertaking for work exceeding five hundred dollars, which has not been reduced to writing, and registered with the recorder of mortgages, shall enjoy the privilege above granted. For those not amounting to five hundred dollars, this formality is dispensed with; but the privilege granted to them is limited to six months, reckoning from the day when the work is completed. Workmen employed in the construction or repair of ships or boats enjoy the privilege established above, without being bound to reduce their contracts to writing, whatever may be their amount; but this privilege ceases if they have allowed the ship or boat to delart without exercising their right. Architects, contractors, masons, and other workmen; those who have supplied the owner with materials for the construction or repair of his buildings or other works; those who have contracted, in the manner provided by tie police regulations, to make or put in repair the levees, bridges, canals, and roads, of a proprietor, preserve their privileges only in so far as they have recorded with tie register of mortgages the act containing the bargains they have made, or the amount or acknowledgment of what is due to them, in all cases where the amount of the account or acknowledgment exceeds the sum of five hundred dollars. Limitation of Actions. IaMOVEABLES [real estate] are prescribed for by [limited to] ten years when the possessor has reen in good faith, and held by a just title during that time. The same species of property is prescribed for by thirty years, without any title on the part of the possessor, or whether he be in good faith or not. The property of slaves is acquired in five years, whe,e the possessor has a title, and holds in good faith. To acquire the property of immoveables and slaves, the following conditions must concur: 1. Good faith on the part of the possesnor. 2. A title which'shall be legal and sufficient to transfer the property. 3. Possession during the time required by law, which possession must be accompanied by the incidents hereafter required. 4. And finally, an object, which may be acquiled by prescription. If a person has possessed in good faith and by a just title, as proprietor, a moveable [personal] thing, during three successive years without interruption, he shall acquire the prop *.rty of it by prescription, unless the thing were stolen or lost. The actions of masters and instructors in the arts and sciences. for lessons which they give by the month; inn-keepers and such others, on account of lodging and board; retailers of provisions and liquors; workmen, lalborers, and servants, for the payment of tlheir wages; for the payment of the freight of vessels, the wages of the officers, sailors, and others of the crew; for the supply of wood and other things necessary for the construction, pispmntsea d provisionain of vesasls —a prescribed by one yas.

SPECIAL LAWS OF LOUISIANA. 267 The actions for injurious words, verbal or written; for damages caused by slaves or animals; that which a possessor may institute. to have himself maintained or restored to his possession, when he has been disturbed or evicted; for the delivery of merchandise or other effects shipped on board of vessels; for damage sustained by merchandise on board of ships, or which may have happened by ships running foul of each other-are prescribed by one year. The action for arrearages of rent-charge, annuities, and alimony, or of the hire of move; ables or immoveables; for the payment of money lent; for the salaries of overseers, clerks, secretaries, and teachers of the sciences, for lessons by the year or quarter; of physicians, surgeons, and apothecaries, for visits, operations, and medicines-are p escribed by three years. Actions on bills of exchange, notes payable to order or bearer, except bank-notes; those on all effects negotiable or transferable by endorsement or delivery-are prescribed by five years. All actions for immoveable property, or for an entire estate, as a succession, are pre. scribed by thirty years. Collection of Debts. ARREST. —Since March 28, 1840, no person can be arrested after judgment has been ob~ tained, in order to compel payment thereof. But the debtor may be arrested before judgnment, upon an affidavit that he is about to leave the state permanently, without leaving in it sufficient property to satisfy the judgment which the creditor expects to obtain. Women, married or single, can not be arrested, nor can non-residents. ATTACHMENT.-A creditor may obtain an attachment of the property of his debtor in the following cases: 1. Where such debtor is about leaving permanently the state, without there being a possibility of obtaining or executing judgment against him previous to his departure, or where such debtor has already left the state, never again to return. 2. When such debtor resides out of the state. 3. When he conceals himself, to avoid being cited. It may also be attached in the hands of third persons, in order to secure the payment of a debt whether the amount be liquidated or not, provided the term of payment have arrived, and the creditor, his agent or attorney in fact, who prays for the attachment, state expressly and positively the amount which he claims. An obligation must be given in favor of the defendant for a sum exceeding one half that which he claimed, with the surety of one good and solvent person, residing within the jurisdiction of the court'to which the petition is presented, as a security for the payment of such damages as such defendant may recover against him. in case it should be decided that the attachment was wrongfully obtained. If a creditor know or suspect that a third person has in his possession property belonging to his debtor, or that he is indebted to such debtor, he may make such a person a party to the suit, by having him cited, to declare on oath what property belonging to the defendant he has in his possession, or inwhat sum he is indebted to such defendant, even when the term of payment has not yet arrived. Deeds. THESE may be recorded with a notary public, without any proof or authentication. They are termed acts of sale, and are of two kinds, private acts and authentic acts. Private acts are those merely under the hands of the parties. Authentic acts are those where the parties appear before a notary public who reduces the contract to writing, and signs it, as well as the parties, in the presence of two free male witnesses, who must be fourteen years of age. Rights of Married Women. Tab debts of both husband and wife, contracted before marriage, are chargeable only on their separate and individual pioperty. The. property which the husband or the wife owns before marriage, or that comes to either by gift, bequest, or inheritance, after marriage, remains the distinct and individual property of the party to whom it belongs. As to all other prolperty, they are partners, unless she elects to the contrary. The wife, even when she is separate in estate from her husband, can not alienate, grant, mortgage, or rcquire, either by gratuitous or encumbered title, unless lier husband concurs in the act, or yields his con-.ent in writing. The wife may make her last will without the authority of her husband. The surviving wife has the usufruct of the portion coming to her children, until she matries again. Rate of Interest. TRH legal rate is five per cent.; but parties may agree on any sum as high as eight per cent. Bank interest is six per cent. The penalty for usurious contracts in a forfeiture of the entire interest.'For WILLS, see ARKANSAS, page 277.)

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270 SPECIAL LAWS OF TEXAS. TEXAS. Constitution adopted, 1845.-Square Miles, 250,000.-Population in 1850, 187,403 Exemptions. J' ^^ =3 r _ gRTHERE is exempt from levy and sale on execution, house. hold and kitchen furniture, not exceeding two hundred dollars in value; implements of husbandry not exceeding fifty dofi lars in value; the tools, apparatus, and books, appertaninng to the trade or profession of any citizen; five milch cows; one yoke of oxen, or one horse; twenty hogs; and provisions for one year. Homestead-Exemption Law. THE homestead of a family not to exceed two hundred acres of land (not included in a town or city) or any town or city lot or lots, in value not to exceed two thousand dollars, shall not he subject to forced sale for any debts hereafter contracted; nor shall the owner, if a married lman, be at liberty to alienate the same, unless by the consent of his wife, in such manner as the legislature may hereafter point out. Mechanics' Lien. MECHANICS contracting in writing to erect buildings, shall have a lien in the nature of a mortgage on all buildings they may erect or work upon, and also on the parcel or lot of land on which they are erected, until the price for services and materials found shall be fully paid. The contract shall be recorded in the office of the clerk of the county where such building shall be erected, within the space of thirty days after the contract is made. Every person doing any work or furnishing any kind of materials toward tie erection or finishing of any building erecled under a contract in writing, between the owner and builder or other person whotse demand therefor has not been paid, may deliver to the owner of such building an attested account of the amount land value of the work and labor or materials, and thereupon such owner siall retain out of his subsequent payment the anount of such work and labor or materials, for the benefit of the person so performing or furnishing the same. This does not apply to incorporated cities. Chattel Mortgages. IF any conveyance of goods and chattels or slaves be not on consideration deemed valuable in law, it shall be taken to be fraudulent, unless the same be by will duly proved and recorded, or by an instrument in writing acknowledged or proved by two or more witnesses and recorded the samte as deeds of real estate, or unless possession shall really and bona fide remain with the donee. Mortgages on personal property must be recorded in the county where the mortgager lives. Law regulating Contracts. No action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer any debt or damages out of his own estate; or whereby to charge the defendant, upon any special promise, to answer for the debt, default, or miscarriage, of another person; or to charge any person, upon any agreement made upon consideration of marriage; or upon any contract for the sale of lands, slaves, tenements, or hered tanentsi or making any lease thereot; for a longer term than one year; or upon any agree. ment that is not to be perforled within one year from the making thereof; unless the promn ise or agreement upon which such action shall be brought, or some memorandum thereof, shall be in writing,, and signed by the party to be charged therewith, or some person thereunto by him lawfully authorized. Limitation of Actions. AcTIONs of trespass for injury to property, of trover and conversion, for taking away the goods and chattels of another, actions upon open account (except those that concern the trade of merchandise between merchants, their factors, and agents), must be brought within two years. Actions of debt upon contract in writing within four years.

SPECTAL LAWS OF TEXAS. t71 Lt.iti;a iTpon an account for goods, wares, and merchandise sold or delivered, or ari* i:aes charged il a store account, within two -years. Actions foi assault and ebattery. slander, and libel, within one year. Real actions in three, five, or ten years, according to the grade of title. Miners, married women. persons insane -er imprisoned, have the same periods respectively after the removal of their disability. As acknowledgment to take a claim out of the statute of limitation must be in writing, ead signed by the party to be charged thereby. Collection of Debts. AREtts'r. —The constitution provides that no person shall ever be imprisoned for debt. ATTACHMENT -When a sumntons to answer to any civil suit shall le reteu-nted'by (he sheriff thbat tlhe defendant is not to be found in his county, the plaintiff may sue out a writ of attaclhment to be levied on the property of such defendant. The judges and clerk8s of the district couits, and justices of the peace may issu-e original -attachments, returnable to their respective courts ui)on I'he party applying for the same, his agent or attorney, making tin affidavit inw. riting stating that'the defendlant is justly indebted to paintiff and tie anmoumt of the demand. also that the defendant is not a resident of this state or that he is about to remove out of this state, or that lhe secretes himself so tIhat the'ordinary process of law can not be served on himn, or that lie is about to remove his property beyond this state, and that thereby the plaintiff will probably lose the debt, and that the attachment is not sued out for the purpose of injurinar the defendant. A bond imust at the samle time be given, with two or more good and sufficient sureties, payable to the defendant in double the amount sworn to be due, comditioned tlat fhe plaintiff will prosecute his suit to effect and pay such damages as shall be adjudged against him for wrongfully suin.g out such attachment. SECUEST RA [ON.-Writs of sequestration may issue, 1. When a married woman sues for a divorce anid makes oath that shle fears her husband will waste her separate property, or their common property, or the fruits or revenue produced by-eitller, or retmove the same out of the limits of this state during the pendency of the suit; 2. When. a person sues fir the titfle or possession of a slave, or other moveable properly or chattels of any description, and makes oathl that lie fears thle defendant or person in possession thereof, will injure or *1ll treat stuch slave, or waste such moveable properlty or eliattels, or remove the same out of the limnits of this state during the pendency of the suit; 3. Wlihen a person sues for the foreclosure of a mortgage, or the enforcement of a lien upon a slave, or atoveable property,of any de6cription. and malkes oath that lie fears that the (defendant or personi in possession thereof, will injiu.re or ill treat sutch slave, or waste slcth moveable property. or renove sucih slave or moveable property out of tie county, 4. N'When any person sues for the title or possession of real property, and mlakes oath that le fears the defendant or person in pos. sessiou thereof, may make use of his possession to injure such property, or waste the fruits and revenue produced by the s8tme,ior convert thelml to lis own tuse; 5. Wlhen any person sues for the title-or possession ef any property from which he has beenaejected by fo.ce or violence, and shall make oath to such facts. Deeds. THESE must be sealed, but a scroll by way of seal will answer, if the person making t pame shall, in the body of the insraiment, recognise such scroll as having been affixed by xway of seal. They should be recorded isi the office of tie clerk of tile county court of the county where the latnds or some part thereof lie. To entitle them to )e recorded they ntmust be proved by a subscribing witness, or acknowledged by the grantor, if within the state before some notary public or clerk -of any Younty court int the state, if out of the state and within the United States or their territories, before some judge of a court of record having a seal. if out of the United States. biefore sorme public minister, chara:G d'afhaires, or constil of the'United St.ates. The certmicate of the acknowledgment or cproof shall be attested under the official seal of the olticer taking the same. If a married woman convey her separate estate, she must acknowledge toie same before a judge of the district court, or chief-justice of the couir'ty court, or if she merely releoise ber interest ill the estate of her husbaid, then lbefore any judge of thle tsopreme or distridc court, or notttiy puilic. The certificale of acknowledgmnent in either case must. stae that she liad teen examined by the otficer privilty and aprt from rler husband, and that ti:ie conveyance was Itlly explained to.ler, and tlit she aeiatkowled.ed'lie suame to le lheri at and deet(, nld d(eclareil that she had willingly signed, sealed, and delivered the same, and that she wished not to retract it. In other cases the certificate must state that the grwator appeared Ilfore the officer an4 scknowledged that lie exeeuned the i'strumeant for the zonsideration and purpeses thereia stated. Mortgages of real estate are not a lien unless recorded in the county where the land liec'5 Writilam ninety days from the date of the execution of such mortgage. -Pr RtaEgT A-r AR-nI WOaXo.gN, TrTEREST, and Wxns, seepage 24&8

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274 SPECIAL LAWS OP AIKANSAS. ARKANSAS. Constitution adopted 1836.-Square Miles, 52,198.-Population in 1850, 198,796 Exhemptions. g - —'-'~i ^^ TH TERE is exempt from levy and sale on execution, if belonging to any one not the head of a family, his wearing-apparel, except watches, and also the neces-;',|- ^^ —M sary tools and implements of trade of a mechanic. while carrying on his trade. If belonging to a married man with a family, one horse, mule, or yoke of oxen; one cow and calf; one ploughi, one axe, one hoe, and one set of plough gears, if the person be a farmer: spinning-wheels and cards, one loom and apparatus necessary for manufacturing cloth in a private family; all spun yarn, thread, and cloth, manufactured for family use; any quantity of hemp, flax, cotton, and wool, not exceeding twenty-five pounds; all wearingapparel of the family; two beds, with the usual bedding; and such other household and kitchen furniture as may be necessary for the family, agreeably to an inventory tlereof, to be returned on oath with the execution by the officer; the necessary tools and implements of trade of any mechanic, while carrying on his trade; all arms and military equipments required by law to be kept, and all such provisions as may be on hand for family use. Mechanics' Liern X:ECHANiCS have a lien for all sums over one hundred dollars, for labor and materials, if' they file with the clerk of the circuit court of the county where the building is, a true account of their demand and the amount due, verified by oath of the person entitled to the lien, which lien extends to the land appurtenant to the building, not exceeding two acres. The lien continues in force only one year after the building is finished, unless suit be brought to enforce it. Law regulating Contracts. No action shall be brought1. To charge any executor or administrator, upon any special promise, to an. awer for any debt or damage out of his own estate; ~. To charge any person, upon any special promise, to answer for the debt, default, or miscarriage, of another; 3. To charge any person upon an agreement made in consideration of marriage; 4. To charge any person upon any contract for the sale of lands, tenements, or hereditaments, or any interest in or concerning them; 5. To charge any person upon any lease of lands, tenements, or hereditaments, for a longer term than one year; 6. To charge any person upon any contract, promise, or agreement, that is not to be performed within one year fioom the making thereof; unless the agreement, promise, or contract, upon which such action shall be brought, or some memorany

SPOCIAL LAWS Of ATRKANSAS. 2VI twi vr note thereof, shall be made in writing, and signed by the party to be ~harged therewith, or signed by some other person by him thereunto properly authorized. No contract for the sale of goods, wares, and merchandise, for the price of thirty dollars or upward, shall be binding on the parties, unless, first, there be nome note or memorandum, signed by the party to be charged; or, second, the purchaser shall accept a part of the goods so sold, and actually receive the same; 6r, third, shall give something in earnest to bind the bargain, or in part payment shereof. Limitation of Actions, ACTTIONS upon promissory notes, and other. instruments in wrating, not untde seal, shall be commenced within five years after the cause of action shall accrue. Actions upon sealed instruments, judgments, and decrees, within ten years. All actions of account, assumpsit, or case, founded on any other contract or lia. ability, within three years. Non-residents are subject to the limitation equally with residents; but when et debtor has absconded from another state into Arkansas, without the knowledge of his creditor, such creditor may sue within the time limited, after he is apprised of such residence of the absconding debtor. Minors, married women, persons insane, or imprisoned out of the state, have the same times respectively after the removal of their disability. _Any acknowledgment to take a case out of the operation of the statute, or to bind a person for a debt contracted during infancy, must be in writing. One joint contractor or executor is not bound by the promise of another. Collection of Debts, ATTACHMENT.-If a creditor shall, at the time of filing his declaration, file aa affidavit of himself, or some other person for him, stating that the defendant is justly indebted to the plaintiff in a sum exceeding one hundred dollars, and stating the amount, and also that the defendant is not a resident of this state, or that he is about to remove out of this state, or that he is about to remove his goods and effects out of this state, or that he so secretes himself that process can not be berved on him, an attachment against his property may issue, Bond, in double the amount claimed, must also be filed, conditioned for the payment of such damages as may be awarded against him. < Justices of the peace may issue an attachment in like cases when the demandn is one hundred dollars or less. Boats running on the navigable waters of the state may be attached for debts contracted by the owner, &c., on account of work or supplies furnished the boat. ARREST.-Only in case of fraud alleged by the plaintiff, and supported by hbi affidavit and the affidavit of some disinterested and creditable person, to the facts on which such allegation is founded, can any person be arrested in a civil action. Deeds.:rEF.DS shall be executed in the presence of two witnesses, and SEALED. They should be acknowledged, if in the state, before the supreme court, the circuit court, or either of the judges thereof, or the clerk of either of said courts, or before the county court, or the presiding judge thereof, or any justice of tha peaoe, or notary public.

~ a 9PEC2A LA-*S ( ARKANSAS. If elsewhere in the United States, before any court of the United Sfatese, - o any state or territory having a seal, or the clerk of any such court, or the mnyo. sf any city or town, or the chief officer of any city or town, having a seal of office. If oat of the United States, before any court having a seal, or any mayor c ehief officer of any city or town having an off'cini sea. The certifceate to be attested under the seal of office; but if he have no such seal, then under his official signature. if the grantor be not personaly known to the offcer, he must be satisfactorily proven. The grantor must acknowledge that he executed the deed for the consideration aniT purposes therein. mentioned and set forth. Married women must voluntarily appear before such court or officer, and in the absence of her husband declare that she had, of her own free will, executed the mnstrment in question, or had signed and sealed the relinquishment of o6wer, for the purposes therein contained and set forth, without compulsion cr and-ce hiffuence of her husband. Deedas should be recorded by the recorder of the county where the land ia gtiaated Form of Acknowledgment, Rtate of Arlkansas, onty of -Franin, towin:'Be i' remembered, that on the first day of October, one thomuandm eight hbap dred andffty, before me, JorHN JONEa, a notary public in and for said county, personally appeared JOHN DOs, a'nd SUSAN his tiife, to me peronally known to be the persons described in and who executed the foregoing conveyance, and severally acknowledged that they executed the same, for the consideration and pur, poses tlherein mcetioned; and thb said Sn A N, havin. volntrily appeared befojr me, in the absence of her husband, declared that she had, of her own free wil, execiuted the said conveyance, and had signed and sealed the re/linq ishmett of Aer (dower, for the purposes therein contained and set forth, without compulsion or wnde in'rfs ence f her husband. (Seal.) JOHN JONES, Ntsary Publc, Rights of Married Women. ArT msrried woman may become seized and psessed of an'y property, res' or peBQOal, in her own right and as f'her own propenry, provided the same does not er. e from the hnsband after.mamage. The slaves and their natural inerease, owned by any married woman before. marriage, and that she may acquire after marriage,. shall be her separate propCrty, exempt from any Iiabiity for the debts or contracts of the husband. * But a schedule, under oath, and verified by the oath of some orther reputable.erson, must he made out by the Busband and wife, and filed in the recorder's office of the county where the property is, and- of the coun.ty where they reside. DowER.-A widow sha l be end-owed of the third part of all the lands whereof her husband was seised of an estate of inheritance at any time during the maniage, unless the same h-all have been relinquished in legal form. Rate of Interest. WiVERS no rate is mentioned, it is six per cent. Parties may contract fsa ny late not exceeding ten per cent. Uuriou contracts are void.

SPECIAL LAWS OP AntKANSAS. 277 Wills. lVtgVY will shall be executed and attested in the following manner:1. It must be subscribed by the testator at the end of the Will, or by some per. son for him at his request. 2. Such subscription shall be made by the testator in the presence of each of the attesting witnesses, or shall be acknowledged by him to have been so made to each of the attesting witnesses. 3. The testator, at the time of making such subscription, or at the time of acknowledging the same, shall declare the instrument so subscribed to be his will and testament. 4. There shall be at least two attesting witnesses, each of whom shall sign his name as a witness at the end of the will, at the request of the testator. 5. Where the entire body of the will and the signature thereto shall be written in the proper handwriting of the testator or testatrix, such will may be established by the unimpeachable evidence of at least three disinterested witnesses to the handwriting and signature of each testator or testatrix notwithstanding there may be no attesting witnesses to such will; but no will, without such subscribing witnesses. shall be pleaded in bar of a will subscribed in due form as prescribed in this act. Every person who shall sign the testator's name to any will by his direction, shall write his own name as a witness to such will, and state that he signed the testator's name at his request. Wills.-LOUISIANA. WILL, are nuncupative or open, mystic or sealed, and olographic. They must all be in writing, either by:.he testator himself or by some other person under his direction. Nuncupative wills may be made by public acts or by act under private signature. If by public acts, it must be received by a notary public, in.the presence of three witnesses residing in the place where the will is executed, or of five witnesses not residing in the place. It must be dictated by the testator, and written by the notary as it is dictated. It must be read to the teetator in presence of the witnesses, and signed by the testator. All those formalities must be fulfilled at one time, without interruption. It must be signed by the witnesses, or at least by one of them for all. if the others can not write. If under private signature, it must be written by the testator or by any other person from his dictation, in presence of five witnesses residing in the place where the will is received, or of seven witnesses residing out of the place; or the testator may present the paper on which he has written his testament, or caused it to be written out of their presence, declaring to them that that paper contains his last will. In either case the will must be read by the testator to the witnesses, or by one of the witnesses to the rest, in presence of the testator. It must be signed by the testator if le is able, and by the witnesses, or at least by two of them in case the others know not how to sign, and those of the witnesses who do not know how to sign must affti their marks. The mystic or secret testament is made in the following manner: The testator must sign the will, whvether he has written it himself or has caused it to be written by another. The will, or the paper serving as its envelope, must be closed and sealed. The testator shall present it thus clssed and sealed to the notary and seven witnesses, or be shall cause it to be closed and sealed in their presence. Then le shall declare to the notary, in presence of the witnesses, that that paper contains s i testament. written by himself, or by another by his direction, and signed by him the testator. Tile notary shall then draw up the act of superscription, which shall be written on the will or on the sheet that serves as its envelope, and that act shall ba signed by the testator, by the notary, and by the witnesses. Those who know not how or are not able to write, and those who know not how or are not able to sign their names, can not makedispositions in the form of the mystic will. In all cases the act of superscription must be signed by at least two witnesses. The olographic will is that which is entirely written, dated, and signed, by the hand of the testator. t1 is subject to no other form, and may be made anywhere, even out of the state. Tlhe following persons are absolutely incapable of being witnesses to wills: Women of what age soevey; male children who have not attained the age of sixteen years complete; persons insane, deaf, dumb, on blind; persons whom the criminal laws declare incapable of exercising civil functuons; and sla ves. Neither can wills be witnessed by those who are constituted heirs or named legatees, under whalafer title it my be. Mystic wills are ercepted from this article. 24

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280 MSPECIAL LAWS Op TPNPES lE& E TENNESSEE. Constitution adopted 1835-Square Miles 45,600 -Populatlou in 1850, 1,03,69& Exemptions. THERE is exempted in this state from levy and sale on.- execution-one cow and calf; one bedstead and bed, con..':': taminig not more than twenty-five pounds of feathers; two ____ bo sheets, two blankets, and one counterpane; where the family consists of six or more persons, one additional featherbed, bedstead, and bedclothes, are allowed; one half doz. en knives and forks, six plates, one dish, one pot, ona Dutch oven; one spinning-wheel; one pair of cotton-cards; one chopping-axe; five head of sheep; ten head of stock hogs; all fowls and poultry; six chairs; one bible and hymn-book; one loom and gear; also ten barrels of corn; and three hundred weight of pork or bacon, as the case may be, if sucl they have, or so much thereof as they or either of them may have. Also in the hands of persons engaged in agriculture, one plough, one hoe, one set of gears for ploughing, one iron wedge; and one farm horse, mule, or yoke of oxen; and the workman's one set of mechanical tools, usual and necessary in his trade; any indigent, decrepit, or idiotic person or persons, who are unable by manual labor or physi. tal exertions to obtain a living or support, are exempt from working on public roads, and paying poll tax, when such infirmities shall be made to appear satisfactory to any county court. The arms and equipments of any militia-man, are exempt from executionat all times, Seepage 154. - Mechanics' Lien. WWHEN any mechanic or undertaker, by special contract with the owner of any lot of ground or tract of land in this state, or his agent, shall construct, build, or repair, either in whole or in part, or furnish materials or any part of materials, in the construction, building, or repairing, of any house, fixtures, or improvetents, or shall do any work upon the said house, either by finishing off the same, painting, ornamenting, or otherwise, such mechanic or undertaker shall have and retain a lien upon such building, and the lot of ground thereto attached. in proportion to the amount and value of work done or materials furnished as aforesaid. A lien hereby created, shall continue one year after the work done, or materials fuir nished. and until the decision of any suit that may be brought within that time for the debt that may be due said mechanic or undertaker; also said lien shall extend to journeymen, or all who in part build, or in part furnish materials. Provided notice in writing of said lien shall be first given to the owner or proprietor of said lot, tract of land, house, or improvements, or his agent, at the time said work is begun, or materials furnished by said journeymen or other person. When any debt is contracted by the master, owner, agent, or consignee, of any steam or keel boat within this state, by and on account of any work done, or materials or ar. ticles furnished for or toward the building, repairing, fitting, furnishing, or equipping, such steam or keel boat, or for wages due to the hands thereof, such debt shall be a lien upon such steam or keel boat, her tackle and furniture; provided that suit be commenlced within three months from the time said work is finished, or said materials or articles are furnished, or said wages fall due. Chattel Mortgages. THESE must be proved and recorded the same as mortgages on land, to make them valid as against bona Jide creditors and purchasers. Law Regulating Contracts. No action shall be brought whereby to charge any executor or administrator, upon any epecial promise, to answer any debt or damages out.f his own estate; or whereby to charge the defendant, upon any special promise, to answer for the

SPECIAL LAWS OF TENNESSEE. 281 debt, default, or miscarriage, of another person; or to charge any person upon any agreement made upon consideration of marriage; or upon any contract for the sale of lands, tenements, or hereditaments, or the making any lease thereof for a longer term than one year; or upon an agreement which is not to be performed within the space of one year from the making thereof, unless the promise or agreement upon which such action shall be brought, or some memorandum or note thereof; shall be in writing, and signed by the party to be charged therewith, or some other person by him thereunto lawfully authorized. Limitation of Actions. ACTIONS of account, and upon the case, except such accounts as concern the. trade of merchandise between merchant and merchant, their factors or servants; actions of debt for arrearages of rent; actions of detinue, replevin, and trespass, quare claustum fregit, must be brought within three years next after the cause of action accrues. Any contract or lending, without specialty, within six years from the time the cause of action accrues. Actions of trespass, assault, battery, wounding, and imprisonment, within one year. Actions of slander, within six months. The same limitation applies to bonds, bills, and other securities, made transferable by law, after their assignment or endorsement, as is applicable to promissory notes. There is the usual saving in favor of infants, femme coverts, and persons noncompos mentis, imprisoned, or beyond seas, of the term of limitation, after the removal of their respective disabilities. Collection of Debts. ATTACHMENT.-Whenl the sheriff shall return that "the defendant is not to be found in his county," in civil cases, an attachment may issue against the property of a defendant who is a resident of the state. When a creditor makes affidavit that his debtor so absconds or conceals himself that process can not be served on him, or is removing or about to remove himself or his property without the state, or is absconding or concealing himself or his property, or that he is a non-resident, and states therein the amount of his claim, a writ of attachment may issue against the property of the debtor. Arrest for debt is abolished. Deeds. THESE must be sealed, and attested by two subscribing witnesses. When the wife joins her husband in a conveyance, she must be privately examined, separate from her husband. Form of Acknowledgment. State of Tennessee, 1 Mari-on County, ss. Personally appeared before me, JOHN JONES, clerk of the county court of Marion, the within-named JOHN DOE with SUSAN his wifP, with whom I am per sonally acquainted, and who acknowledged that he executed the within deed for the purposes therein contained. 24*

28t2 SPECIAL LAWS Or TENNESSEE. Witnes my hand at office, this tenth day of February, one thousand eight hundred and fifty-one. And SUSAN DOE having also personally appeared before me, privately and apart from her husband, the said JOHN DO X, acknowledged the execution of said deed to have been done by her freely, volutnarily, and understlndingly, without compulsion or restraint from her said husband, and for the purposes therein expressed. Witness JOHN JONES, clerk of said court, at office this tenth day of December, one thousand eight hundred andJifty. Acknowledgments may be made before the clerk of any county court in the state. If made out of the state, they may be acknowledged before a notary public under his seal of office, or before a judge of a supreme, circuit, or superior court of any state or territory of the United States. The judge must endorse thereon or append thereto a certificate of such acknowledgment, and the official character of such judge must be certified by the governor of such state or territory under the great seal thereof. Deeds must be recorded in the office of the register of the county where the lands are situate. Rights of Married Women. WHENs any married woman shall, either before or after marriage, become entitled to any interest in any lands, tenements, hereditaments, or other real estate whatever, either by gift, devise, descent, or in any other mode, it shall not be lawful, by virtue of any judgment, decree, or execution against the husband of such married woman to sell or dispose of his interest in the real estate of the wife; or by virtue of the judgment, sentence, or decree, of any court in this state to dispossess or eject the husband and wife from the possession of the real estate of the wife acquired in any manner, either before or after marriage. The exemption of the husband's interest in his wife's lands, shall not extend beyond his wife's life, nor shall the husband sell the same during his wife's lifetime, without her joining in the conveyance in the manner prescribed by existing laws, in which married women shall convey lands. When any person shall die intestate, leaving no heirs-at-law capable of inheriting real estate under the laws of the state, but leaving a widow she is entitled in fee simple to all the real estate of which her husband died seized and possessed, after paying the debts of her husband. DowER. —A widow is entitled to dower of one third part of the lands, tens ments, and hereditaments, of which her husband died seized or possessed. Rate of Interest. THE legal rate is six per cent.; and the person exacting more is liable to'a fine of not less than the amount usuriously taken. W ills. WILLS must be in writing, signed by the testator, or some other person in his presence and by his express direction, and subscribed in the presence of the tetLtor by two witnesses, no one of whom is interested in the will.

SPECIAL LAWS OF KENTUCKY. 283 KENTUCKY. Constitution adopted, 1850.-Square Miles, 40,500.-Population in 1850, 993,314. Exemptions. T-IERE is exempt fromn levy and sale on execution one work_______. 11% Xbeast, or yoke of oxen; one plough tnd gear, one axe, one hoe; JLM e ~! _/ ~~~ ~ ~ two Cows and calves; two beds, bedding, and furniture; one \T \"' \\'-.^ ^l; _ loom and spinning-wheels, and cards for the same; all the spun "\v\ s' vsa lG yarnand manufactured cloth and carpeting manufactured by the family, necessary for family use; one pot, one oven, halfa='Ji? dla!11 i teapot, half-dozen knives and forkls; one table; the family BiF|ti3^"t, It, is:t u ble; one saddle and its appendages, otne bridle; six chairs, not exceeding eight dollars in value; poultry of their own rearing, or purchased for family use; five head of sheep, and wearingapparel; and to a mechanic Ihis tools, not exceeding one hundred dollars in value; but the work-beast of any mechanic who claims his tools, shall be liable to execution. The officer is also required to set apart to each defendant by two disinterested housekeepers as much provisiots, including breadstuffs and animal food, and as much wood or stone-coal laid in for family consunption as fuel, as will be sufficient for such defendants and his, her, or their family or families, for six months from and after the time of levy. Mechanics' Lien. IT the towns of Bowling-Green, Russellville, and Owenborough, the city of Maysville, the town of Brantletiburgh, the city of Lexington, and in the town of Paducah, thle mecthanis have a lien for their labor and materials furnished in the construction or repair of any buildings, upon the building and the lot of land on which it is situate, provided they file their amounts in the county court clerk's office within six montlhs ftom the time they cease to work, and proceed to enfurce their lien by suit. In Paducah, they may enforce their lien within one year by bill filed in the M'Cracken circuit court. Chattel Mortgages. CHATTEL mortgages must be acknowledged and recorded the same as deeds of real estate. Law regulating Contracts. No action shall be brought whereby to rharge any executor or administrator, upon any special promise, to answer any debt or damages out of his own estate; or whereby to char-ge the defendant, upon any specital promise, to answer for the debt. default. or m'scarrisge. of another person; or to charge aniy person upon any agreement made upon consideration of marriage; or upon any contract for the sale of lands, tenements. or hereditaments, or the making any lease thereof for a lionger term than one year; or upon any agreement which is not to be performed within the space of one year froom the making thereof; unless the promise om agreement upon which such action shall be brought, or some memorandum om note thereof, shall be in writing, and signed by the party to be charged therewith, or by some other person by him thereunto lawfully authorized.

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28i6 SPECIAL LAWS OF KENTUCKY. Limitation of Actions. ANt action for the recovery of real property can only be brought within fifteen years afler the right to bring it first accrued to the plaintiff, or to the person through whom he claims. If, at the time when the right of any person to bring an action for the recovery of real property first accrued, such person was an infilnt, married woman. or of unsound mind, then such person, or the person claiming throughhlim, may, notwithstanding the period of fifteen years has expired, bring the action within three years after the time at which the person to whom the right so accrued ceased to be under such disability as existed when the same so accrued, or died-whichever has happened first. The period within which an action for the recovery of real property may be brought, shall not in any case be extended beyond thirty years from the time at which the right to bring the same first accrued to the plaintiff, or to the person through whom he claimed, by reason of any death, or the existence or continuance of any disability whatever. An action upon a judgment or decree of any court of the United States, or of any slate or territory within the United States, the period to be computed from the date of the last execution regularly issued thereon; and an action upon a recognizance or a written contract other than olje for which a different limitation is hereinafter prescribed, must be brought within fifteen years. An ac.iu)n upon the official bond of a sheriff, marshal, sergeant, clerk, constable, or other public officer or his deputy: an action upon the official bond of a personal representative, guardiav. curator, or committee: an action upon a bond for an appeal, supersedeas, attachment, injunction, or order of arrest, or for the delivery of property: or a bond for the forthcoming of property, or to obey or perform an order or judgment of a court in an action; or a bond for costs, or any other bond taken by a court or judge, or by anl officer pursuant to the direction of a court or judge in an action, or upon a replevin, sale, or delivery bond taken under an execution or warrant of distress: an action upon an indemnifying bond taken under a statute, or upon a bond to suspend a proceeding or sale under an execution, or distress warrant, must be brought within ten years. An action against a surety in any recognizance, bond, or contract, except where a shorter period is hereinafter prescribed: an action upon a contract, express or implied, other than one for which a different limitation is herein prescribed: an action upon a liability created by statute other than a penalty or forfeiture: an action for trespass upon real property, for the profits of, or damages for withholding real property; for taking, detaining, or injuring personal property, including actions for the specific recovery thereof; for an injury to the rights of the plaintiff not arising on contract and not hereinafter enumerated: an action up. on a bill of exchlange, check, d;raft, or order, or upon a promissory note placed upon the footing of a bill of exchange: an action to enforce the liability of a steamboat or other vessel, in a case in which it is specifically subject, by statute, to the plaintiff's claim: an action upon an accout concerning the trade of merchandise between merchant and merchant or their agents: and an action for relief on the ground of fraud, must be brought within five years. An action for an injury to the person of the plaintiff or of his wife, child, ward, or servant Other than a slave; for malicious prosecution or arrest; for seduction, criminal conversation, or breach of promise of marriage; upon a statute for a penalty or forfeiture. other than those for which a different limitation is prescribed in this chapter: an action for libel or slander; for the escape of a prisoner arrested or imprisoned on civil process; to enforce the liability of bail, or of a sheriff or other officer as bail, must be brought within one year after the cause of action accrued. And an action upon an account for goods, wares, and merchandise, sold and delivered, or for any article charged in a store account, must be brought within one year. In every such action, the limitation shall be computed from the first day of January next succeeding the respective dates or times of delivery of the several articles charged in the account; and judgment shall be rendered for no more than the amount of such articles as were actually charged or delivered within the year preceding that in which the action is brought. If any merchant or trader shall wilfully post-date any article charged in such account, or the receipt for the delivery thereof, he shall forfeit tenfold the amount of such article, to be recovered by any person, with costs, before a justice, where the penalty does not exceed fifty dollars; and where it does exceed that sum, in the circuit court. Collection of Debts. ARREST.-A defendant in a civil action can be arrested and held to bail only when there is filed in the office of the clerk of the court in which the action is brought an affidavit of the plaintiff, showing1. The nature of the plaintiff's claim. 2. That it is just. 3. The amount or value which the deponent believes the plaintiff ought to recover. 4. That the deponent believes, either that the defendant is about to depart from this state, and, with intent to defraud his creditors, has concealed or removed from this state his property or so much thereof that the proeess of the court after judgment can not be executed, or that the defendant has money, or

SPECIAL LAWS OF KENTUCKY. 287 securities for nrmey, or evidences of debt, in the possession of himself or of others for his use, and is about to depart from this state without leaving property therein sufficient to satisfy the plaintiff's cltim. There must he a bond executed on the part of the plaintiff by one or more sufficient sureties, conditioned to pay to the defendant all damages if the order be wrongfully obtained, not exceeding double the amount of the plaintiff's claim. ATTACHMENT.-An attachment against the property of the defendant may issue, first, in an action for the recovery of money where the action is against-1. A defendant or several defendants, who, or some one of whom, is a foreign corporation or a non-resident of this state: or-2. Who has been absent therefrom four nmonths: or-8. Has departed from this state with intent to defraud his creditors: or-4. Has left the county of his residence to avoid the service of a summons: or-5. So conceals himself, that a summons can not be served upon him: or-6. Is about to remove his property or a material part thereof out of this state, not leaving enough therein to satisfy the plaintiff's claims: or-7. Has sold, conveyed, or otherwise disposed of his property, or suffered or permitted it to be sold, with the fraudulent intent to cheat, hinder, or delay his creditors: or-8. Is about to sell, convey, or otherwise dispose of his property, with such intent. But an attachment shall not be granted on the ground that the defendant or defendants, or any of them, is a foreign corporation or a non-resident of this state, for any claim other than a debt or demand arising upon contract. Secondly, in an action to recover the possession of personal property where it has been ordered to be delivered to the plaintiff, and where the property or part thereof has been disposed of, concealed, or removed, so that the order for its delivery can not be executed by the sheriff. Deeds. THESE must be in writing, sealed, and lodged for record in the office of the county court of the county where the land is situate within eight months. They may'be acknowledged in any county court, or in the office of any such court, before the clerk thereof, or proven by two witnesses. Out of the state, before any judge or justice of a superior or inferior court of the county, district, or place, where they reside. Form of Acknowoleddgment. State of Kentucky, t wit: County of Livingston, 5 o w Be it rememebered, that on his first day of October, one thousand eight hundred and fifty, before me, at office, JOHN JONES, clerk of the county court of said county, personally came JOHN DOE and SUSAN his wvife. to me known to be the persons described in, and who exe. cuted the foregoing conveyance, and severally acknowledged that they executed the same; and the said SUSAN, on an examination by me, privily and apart from her husband, declared that she did freely and willingly seal and deliver the said conveyance, which wvas then by me shownt and explained to her, and that she wishes not to retract it, and acknowledged it to be her act, and con-. sented that it may be recorded. Witness my hand and seal of court, at office, the day and year above written. (Seal.) JOHN JONES, Clerk of the County Court of the County of Livingston. Rights of Married Women. THE slaves of a married woman and the increase thereof, and her real estate owned before or acquired after marriage, shall not be liable for the debts of her husband; but are liable for debts by her and her husband jointly created, in writing, for necessaries furnished her or any member of her family. The estate and property o' the husband shall not be subject to the payment of any cottracts, liabilities, damages or debts, incurred by the wife prior to marriage. Rate of Interest. T1HE legal rate 1s six per cent. The usurious excess only is void. Wills. WILS to be in writing, signed by the testator or by some other person in his. presence and by his directions; and if not wholly written by himself, must be attested by two ora aor competent w tnesses, subscribing their names in his presence.

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f ~SiPECIAL LAWS, OF ~?HMOHIO. Constitutioa adopted, 1851.-Square miles, 39,964.-PopuIatfio in 1850, I,0it7,.2, Exemptions. EVERY person who has a family shall hold exempt __ M_-_:= from execution1. The wearing-apparel of such family; the beds bedsteads, and bedding, necessary for the use of such family; one stove and pipe, used either for cooking or for warming the dwelling-house; ai amount of fuel sufficient for the period of sixty days, actually provided and designed for the use of such family. 2. One cow, or, if the debtor own no cow. household furniture, to be selected by the debtor, not exceeding fifteen dollars in value; two swine, or the pork therefrom; or, if the debtor own no swine, household or kitchen furniture, to be selected by the debtor, not exceeding six dollars in value; six sheep, the wool shorn from them, and the cloth or other articles manufactured therefrom; or, in lieu of such sheep, household and kitchen furniture, to be selected by the debtor, not exceeding ten dollars in value, and sufficient food for such animals, when owned by the debtor, for the period of sixty days. 3. The bibles, hymn-books, psalm-books, testaments, and schoolbooks, used in the family, and all family pictures. 4. Any amount of provisions actually prepared and designed for the sustenance of such family, not exceeding forty dollars in value, to be selected by the debtor; and such other articles of household and kitchen furniture, or either, necessary for the debtor and his family, and to be selected by the debtor, not exceeding thirty dollars in value. 5. The tools and implements of the debtor, necessary for carrying on his trade or business, whether mechanical or agricultural, to be selected by him, not exceeding fifty dollars in value. In all cases arising under the first section of this act, the amount of beds, bedSteads, and bedding, necessary for the use of such family; the amount of fuel sufficient for the period of sixty days, actually provided and designed for the use. of such family; the amount of food for the use of the animals exempted from execution for the period of sixty days, shall be determined by two disinterested householders of the county, to be selected by the officer holding the execution. And the value of the provisions, household and kitchen furniture, and the tools and implements of the debtor necessary for carrying on his trade or business, by this act exempt from execution, shall be estimated and appraised by said householders. Burial-grounds, so recorded in the recorder's office of the county where situ' ate, or used as such for fifteen years, are exempt from execution; notaries' seal, and his registers and official documents, are also exempt. By the homestead law, which went into effect July 4,1850, it is provided that "It shall be lawful for any resident of Ohio, being the head of the family, and not the owner of a homestead, to hold exempt from execution, or sale as aforesaid (see homestead exemption law), mechanical tools, or a team and farming utensils, not exceeding three hundred dollars in value, in addition to the amount of chattel property now exempted. For MeCHANICS' LIEN, see page 294.

SIPECIAL LAWS O0 O01HIO 91 somnestead-^xemption Law. IJr.Ot and aid'.: July 4th, 1650, the family homestead of each head of a family shall be exempt ftoll sale on execution on any judgment or decree rendered on any cause of action accruing after the taking eftect of this act; provided that such homestead shall not exceed five hundred dollars in value. The sheriff or other officer executing any writ of execution, founded on any udgment or decree such as is mentioned in the first section of this act, on application of the debtor or his wife, his agent, or attorney, if such debtor have a family, and the lands or tenements about to be levied on. or any part or parcel thereof, shall be the homestead thereof, shall cause the inquest of appraisers, upon their oaths, to set off to such debtor, by metes and bounds, a homestead not exceeding five hundred dollars in value, and the assignment of the homestead so made by the appraisers shall be returned by the sheriff, or other officer, along with his writ, and shall be copied by the clerk into the execution docket; and if no cormn plaint be made by either party, no further proceedings shall be had against the homestead, ut the remainder of the debtor's lands and tenements, if any more he shall have, shall be liable to sale on execultion, in the same manner as if this act had not passed provided, that upon complaint of either party, and upon good cause shown, the court out of which the writ issued, may order a re-appraisement and re-assignment of the homestead; provided, also, that in case no application be made as aforesaid during the lifetime of the debtor, such application may be made by the widow of the judgment debtor any time before a sale. On petition of executors or administrators, to sell the lands of any decedent to pay debts, Who shall have left a widow and a Iminor child or children, unmarried and composing part of decedent's family at the time of his death, the appraisers shall proceed to set apart a homestead in the same manner as is provided in the preceding section; and the same shall remain exempt fromn sale on execution for debts contracted after the taking effect of this net, and exempt from sale under any order of. such court so long as any unmarried minor child, or children, shall reside thereon, although the widow may have previously died and the unmarried minor child, or children, actually residing on the family homestead, shall be entitled to hold the stme exempt from sale on execution for debts as hereinbefore pro. vided for, although the parent from whom the same descended may have left no wife or husband survivinlg. Every widower, or widow, having an unmarried minor child, or children, residing with him, or her, as part of his or her family, shall have the benefit of this act, in the same manner as married persons. And married persons, living together as husband and wife, shall be entitled to the exemption in this act provided, although they have no children. Any person owning the superstructure of a dwelling-house, occupied by him or her as a family homestead, shall be entitled to the benefit of this act, although the title t. tthe land on which the same may be built shall be in another, and lessees shall be entitled to the benefits of this act, in the same manner as owners of the freehold or inheritance; provided, nothing herein contained shall be construed to prevent a sale of the fee simple subject to such lease. When the homestead of any debtor m execution shall consist of a house and lot of land which, in the opinion of the appraisers, will not bear division without manifest injury and inconvenience, the plaintiff in execution shall receive in lieu of the proceeds of the sale of the homestead, the amounts over and above forty dollars annually, which shall be adjudged by the appraisers heretofore mentioned, as a fair and reasonable rent for the same, untit the debt, costs, and interest, are paid, the said rent over and above the said forty dol. lars shall be payable in quarterly payments, commencing three months fiom the time of the levy of the execution, and tie said rent may be paid to the plaintiff in execution or to his assigns, or to the clerk of the court of common pleas of the county in which the said homestead is situated, and the said clerk shall give to the persons paying the same a proper receipt, and enter the same upon the execution docket without charge, and in case the said rent shall not be paid quarter yearly as above provided for or within ten days after each and every payment shall become due, then, in that case, it shall be the duty of the officer to proceed and sell said homestead in the same manner as is provided in other cases for the sale of real estate; provided such homestead shall not be sold for less than its appraised value, and the plaintiff in execution may cause the said homestead to be re-appraised once in two years in the same manner as provided for in the second section of this act, and the said rent shall, after such re-appraisement, be paid in accordance with the said re-appraisement, but in case the said homestead shall not oil any such re-appraiselment be appraised at least one htindred dollars more than the next previous appraisement, the costs of such re-appraise. ment shall be paid by the plaintiff in execution. The provisions of this act shall not extend to any judgment or decree rendered on any contract made before the takling effect of this act, or judgment or decree rendered on any note or mortgage executed by the debtor and his wife, nor any claim for work and labor less than one hundred dollars, nor to impair the lien by mortgage or otherwise of the vender for the purchase-money of the homestead in question, nor ofany mechanic or other person, under any statute of this state, for materials furnished or labor performed in the erection of the dwelling-house thereon, nor from the payment of taxes due thereon. No sale of any real estate made under any mortgage hereafter executed and which shall not have been executed by the wife of such debtor, if he have one, shall in any manner affect the right of said debtor's wife or family to have a homestead set off under the provisions of this act. Nothing in this act contained shall be so construed as in any way to impair the right of dlower, as it now exists, or the mode provided by law for enforcing the right.

292 S lSPECIAL LAWS OCFP- OIi Chattel Mortgages. THESE must be immediately deposited with the county recorder when executed In 8 shire town, or with the clerk of the township where the mortgager resides, or if he be not a resident, where the property mortgaged is at the time of the execution of ths mortgage, or they will be void. Such record is valid for one year only. Law regulating Contracts. No action shall be brought whereby to charge the defendant, upon any special pronm ise, to answer for the debt, default6 or miscarriage, of another person; or to charge any executor or administrator, upon any special promise, to answer damages out of his own estate; or to charge any person, upon any agreement made upon consideration of marriage; or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith, or some other person thereunto by him or her lawfully authorized. Limitation of Actions. 1. AcTIOrs of ejectment, or any other action for the recovery of the title or possesZion of lands, tenements, or hereditaments, must be brought within twenty-one years. 2. Actions for forcible entry and detainer, or forcible detainer only, within two years. 3. Actions upon the case, covenant, and debt, founded upon a specialty, or any agree. ment, contract, or promise, in writing, within fifteen years. 4. Actions upon the case and debt, founded upon any simple contract not in writing, and actions on the case for consequential damages, within six years. 5. Actions of trespass upon property, real or personal, detinue, trover, and replevin, Within four years. 6. Actions of trespass for any injury done to the person; actions of slander for words spoken or for a libel; actions for malicious prosecutions, and for false imprisonment; actions against officersfor malfeasance or nonfeasance in office; and actions of debt gqu tarn, within one year. All other actions not above enumerated within four years after the right of action shall have accrued. Collection of Debts. AEREST.-Each and every officer and soldier of the revolutionary war, and each and every female, shall be privileged from arrest or imprisonment on any process, mesne or final, for any debt, claim, or demand, where the cause of the action is founded upon contract. Any person, desirous of having his body exempted from liability to imprisonment for debt, who shall have resided in this state two years next preceding his application, and in the county where such application is made six months next preceding such application, shall deliver to the commissioner of insolvents an accurate schedule in writing of all debts by him owing, specifying the name of the person to whom due, and the original consideration of such debt, and whether the same is due by bond, note, or other contract, in writing, or by book-account, or otherwise, &c. The commissioner is empowered to give a certificate, which shall protect the person of the applicant from arrest or imprisonment for any debt or demand in any civil action at the suit of any person named in the schedule, until the second day of that term of the court of common pleas to which the commissioner shall return copies. ~ 1. No person shall be arrested or imprisoned on any mesne or final writ or process issuing out of any court of law or equity, in any suit, action, or proceeding, instituted for the recovery of any debt due on any contract, promise, or agreement, or for the recovery of damages for the non-performance of any contract, promise, or agreement, or for the recovery of damages in any action of trespass, or on any judgment or decree founded upon any such contract, promise or agreement, or damages for the non-performance thereof, or on any judgment in action of trespass, or for consequential dama ges, except in cases hereinafter specified. ~ 2. The provisions of the first session shall not extend to proceedings for contempts, actions, or judgments, for fines or penalties for crimes, misdemeanors, or offences, prosecuted in the name of the state of Ohio, or on promises to marry, for money collect.

SPECIAL LAWS OF OI0 293 ed by any public officer or attorney-at-law, or for any misconduct or neglect in office, or professional employment. ~ 3. If any creditor, his authorized agent or attorney, shall make oath or affirmation in writing before any judge of the supreme court or court of common pleas, justice of the peace. or clerk of either of said courts, that there is debt or demand justly due to such creditor of one hundred dollars or upward, specifying as nearly as may be the nature and amount thereof. and establishing one or more of the following particulars:1. That the defendant is about to remove his property out of the jurisdiction of the court, with intent to defhaud his creditors; or-2. That he is about to convert his property into money, for the purpose of placing it beyond the reach of his creditors; or-3. That he has property or rights in action which he fraudulently conceals; or- 4. That he has resigned, removed, or disposed of, or is about to dispose of, his property, with intent to defraud his creditors; or-5. That he fraudulently contracted the debt or incurred the obligation for which suit is about to be brought, and shall file such affidavit with the clerk of the court of common pleas of theproper county, such clerk shall issue a capias. ~ 4. After a judgment or decree has been obtained, the defendant may be arrested on capias ad satisfacie2ndum, if the court when in session or any judge thereof in vacation shall be satisfied by the affidavit of the judgment creditor or his lawful attorney, and such other testimony as he shall present, of the existence of either of the following particulars:-1. That the judgment debtor has removed or is about to remove any of his property out of the jurisdiction of the court, with intent to prevent the collection of the money due on the judgment or decree;-2. That he has property, rights in action, evidences of debt, or some interest or stock in some corporation or company, which he fraudulently conceals, or unjustly refuses to apply to the payment of the judgment or decree; or-3. That he has assigned or disposed of, or is about to assign or dispose of his property or rights in action, with intent to defiaud his creditors, or give an unfair preference to some of them; or-4. That he has converted or is about to convert his property into money, with intent to prevent its being taken on execution; or-5. That he fiaudulently contracted the debt or incurred the obligation on which the judgment or decree was rendered. If the plaintiff, his agent or attorney, shall make and file his affidavit that the defendant or debtor is about to remove his body out of the jurisdiction of the court; or that he has converted his property into money, for the purpose of placing it beyond the reach of his creditors; or that he is not a citizen or resident of this state, it shall be deemed additional cause to those mentioned in the third and fourth sections to entitle the plaintiff to a capias ad respondendum or capias ad satisfaciendum. ATTACHMENT. —If any creditor, his agent or attorney, shall file an affidavit with any justice of the peace within this state, setting forth that his debtor absconds to the injury of his creditor, or that such debtor is not a resident of the county, as he verily believes, the said justice shall thereupon issue a writ of attachment under his hand and seal, directed to any constable of his proper county, commanding him to execute the same on the goods, chattels, rights, credits, money, and effects, of the defendant, within the county. and make return thereof within twenty days. A creditor, making the like affidavit, and filing it with the clerk of the court of com. mon pleas, may have an attachment against the lands, tenements, goods, chattels, rights, credits, moneys, and effects, of the debtor. Deeds. ~ 1. A SCRAWL of the pen may be used instead of a seaL A conveyance of interest in lands must be signed and sealed by the grantors, and such signing and sealing acknowledged before two witnesses, who shall attest such signing and sealing, and subscribe their names to such attestation and such signing and sealing, also acknowledged by the grantors before a judge of the supreme court, of common pleas, a justice of the peace, notary public, mayor or other presiding officer of any incorporated town or city, who shall certify such acknowledgment on the same sheet on which such deed, &c., may be printed or written ~ 2. When a husband and wife, she being eighteen years of age or upward, shall exe. cute within this state any deed, &c., for the conveyance or incumbrance of the estate of the wife or her,right of dower in any lands, &c., situate within this state, such deed, &c., shall be signed and sealed by the husband and wife, and such signing and sealing shall be attested and acknowledged in the manner prescribed in section first; and in addition thereto, the officer before whom such aclnowledgment shall be made shall examine the wife separate and apart from her husband, and shall read or otherwise make known to her the contents of such deed, mortgage, or other instrument of writing; and if, upon such separate examination, she shall declare that she did voluntarily sign, 25*

294 SPECIAL LAWS OF OHO. seal, and acknowledge the'same, and that she is still satisfied therewith, such office shall certify such examination and declaration of the wife, together with the acknowledgment as aforesaid on such deed, &c., and subscribe his name thereto. ~ 5. All deeds, powers of attorney, &c., for the conveyance or incumbrance of lands, &c., situate within this state, executed and acknowledged or proved in any other state, territory, or country, in conformity with the laws of such state, &c., or of this state, shall be as valid as if executed within this state, in conformity with this act. The governor of the state may appoint commissioners to take acknowledgment of deeds, depositions, &c., residing out of, the state to convey lands, or to be used in the state. Form of Acknowledgment. State of Ohio,? Cuyahoga County, sO April 24, 1851. Personally appeared SAM HILL and MARY his wife, who acknowledged that they did sign and seal the foregoing instrument, and that the same is their free act and deed. I furtier certify that Idid examine the said MARY HILL separate and apart from her said husband, and did then and there make known to her the contents of theforegoing instrument; and upon that-examination she declared that she did voluntarily sign, seal, and acknowledge the same, and that:she was still satisfied therewith. (Seal.) JOHN ROGERS, Notary. Rights of Married Women. The interest of any married man in the real estate of his wife, and the interest he may have in any chose in action, demand, legacy, or bequest of his wife unless the same shall have been reduced to possession, together with all articles of furniture of hers givsen her by bequest or otherwise, or bought with her money, before or after marriage, are exempt fromt liability for the husband's debts. DOWER. — A widow is endowed of one full and equal third part of all the lands, tenements, and realestate, of which her husband was seized at any time during the coverture. Rate of Interest. THE legal rate is six per cent. On written agreement, any rate as high as ten per cent. If;more:be reserved, the excess is void. Wills. E-VYnRY will shall be in writing (except nuncupative), and signed at the end thereof by the party making the same, or by some other person in his presence and by his express direction, and shall be attested and subscribed in the presence of such party by two or more competent witnesses, who saw the testator subscribe or heard him acknowledge the same. Mechanics' Lien. ANY person who shall perform labor, or furnish materials or machinery, for constructing, altering, or repairing, any boat, vessel, or other water-craft, or for erecting or repairing any house, mill, manufactory, or other building'or appurtenance, by virtueof a contract or agreement with the owner thereof, shall have a lien to secure the payment of the same, upon such boat, vessel, or other water-craft, and upon such house, mill, manufactory, or other building or appurtenance, and the lot of land upon which the same shall stand. Every mechanic, or o.ther person, doing or performing any work toward the erection or repair of ainy house, mill, manufactory, or other building or appurtenance, or the comstructiotn, alteration, or repair, of any boat, vessel, or other water-craft, erected under a contract between the ownerL thiereof'and the builder, or other person, whetler such workl shall be perfiormled as journeyman, laborer, carman, sub-contractor, or otherwise, or any person who shall furnish lmaterials lor work so done, or materials so furnished, has not been paid and satisfied, m-aty deliver to the owner of such building, or vessel, an attested account of the amount and value of the work and labor thus performed, or the materials thus firnished, and reminainig unpaid, and thereupon such owner shall retain out of his subsequent paytents to the contractor, the amount of such work or labor, for the benefit of the person so etOltrmling the same. Ti'e person wishing to avail himself of the provisions of this law, must make out an account in writing, of the items of labor, skill, materials, &c., against the party owing him, anid ake oath titereto before a magistrate, and have the account so sworn to deposited with the recorder of the county where the labor was performed, within four months from the tilile of performing such labor, or furnishing such materals, &c., and file with this account t copy of any written contract, if such there be.

97WEAL LAWS O1 U MIE ANH I MICHIGAN. Oo'datimn adopted 18 0-Square Miles 56,243-Population m i18SA, 95,57. Exemption& T HE following property it exempt from levy an. sale under any execution or upon any other final pr@| (-:'.~ —. i< ~/: ~.'> cess of a court. All spinning-wheels, weaving-loomS, with the apparatus, and stoves put up or kept for use in any dwelling-house.; a seat, pew, or slip, occupied by any person or family, in any house or place ~of wor_. ship; all cemeteries, tombs, and righte of burial while in use as repositories of the dead; all arms and accoutrements required by law to be kept by any person:; all wearing apparel of every person or family; the lii brary and schoolbooks of every individual and family, not exceeding one hundred and fifty dollars, and all family p^ctures. To each householder, ten sheep with their fleeces, and the yarn or cloth manufactured from the same; two cows, five swine, and provisions end fuel for.the comfortable subsistence of such householder and family fcor six months; to each householder a11 household goods, furniture, and utensils, not exceeding in value two hundred and fifty dollars; a sufficient quantity of hay, grain, feed, and roots, for properly keeping for six months the animals exempted as aforesaid; and any chattel mortgage, bill of sale, or lien, created on any property exempted, except what is specified in the next-section, shall be void unless the same is signed by the wife. Thie tools, implements, materials, stock, apparatus, team, vehicle, -horse, har. tess, or other things, to enable any person to carry on the profession, trade, occur pation, or business, in which he is wholly or principally engaged, not exceeding in value two hundred and fifty dollars." By the constitution, the personal property of every resident of this state, to consist of such property only as shall be designated by law, shall be exempted to tl~ amount of not less than five hundred dollars, from sale on execution or other final process of any court issued for the collection of any debt contracted after the adoption of this constitution, January 1, 1851. Homestead-Exemption Law. A HOMESTEAD consisting of any quantity of land not exceeding forty acres, rid the dwelling-house thereon and its appurtenances, to be selected by the owner thereof, and not included in any recorded town-plat, or city, or village; or instead thereof, at the option of the owner; a quantity Gf land,not exceeding in amount one lot, being.within a recorded to'wn-plat, or city, or village, and the dwelling-house thereon and its appurtenances, owned and occupied by any resident of this state (not exceeding ia value fifteen hundred dollars, by the constitution of 1851), shall toat be sabject to forced sale on execution, or any other final process from a court, for any debt or debts, growing ou.t of or founded upon contract, either express or implied, made after -ite tlird day of July, in the year of our Lord, one thousand eight hundred and forty-eight. Said honmestead is exempt during the minority of his children, atad if Eo chid-ren but widow, it shall be exempt, and rents and profits tlereof shall accrue to her during her widowhood., urdess she is the ownee of a homestead in her own right. * Tie property exempted in this division, except mechanical tools, and implements of fwisse y, mu a eusa.t a untt cswauia in ni'dguaerat. ~ Ure3' pac -eoeXoay ofie sSam.

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S2'98 vSPE CIMAL LAWS OV MICImaGA. Such exemption shall not extend to any mortgage thereon lawfully ottined; but such mortgage or other alienation of such land by the owner thereof, if a martied man, shall not be valid without the signature of the wife to the same, ucless such mortgage shall be given to secure the payment of the purchase-money or some portion thereof. Whenever a levy shall be made upon the lands or tenements of a householder, whose homestead has not been selected and set apart by metes and bounds, such householder may notify the officer, at the time of making such levy, of what he regards as his homestead, with a description thereof, within the limits above prelcribed, and the remainder alone shall be subject to sale under such levy. If the plaintiff in execution shall be dissatisfied with the quantity of land selected and set apart as aforesaid, the officer making the levy shall cause the same to be surveyed, beginning at a point to be designated by the owner, and set off in a compact form, including the dwelling-house and its appurtenances, the amount specified in the first section of this act, and the expense of said survey, shall be chargeable on the execution, and collected thereupon. After the survey shall have been made, the officer making the levy may sell the property levied upon, and not included in the set-off, in the same manner as provided in other cases for the sale of real estate on execution; and in giving a deed of the same, he may describe it according to his original levy, excepting therefrom by metes and bounds, according to the certificate of the survey, the quantity set off as aforesaid. Any person owning and occupying any house on land not his own, and claim. ing such house as his homestead, shall be entitled to the exemption as aforesaid. Nothing in this act shall be considered as exempting any real estate from tax-,tion or sale for taxes. Mechanics' Lien. EVERY building shall be subject to the payment of the debts contracted fof work or-material in the erection and construction thereof, when the building or any part thereof, is constructed under contract entered into by the owner with any person to do work or furnish materials; provided such lien shall not attach unless the contract is made in writing and signed by the owner of such building or by some person duly authorized by him, and recorded in the registry of deeds for the county where the land lies. Every person furnishing labor or materials for erecting or repairing any building or the appurtenances thereof by contract with the owner of any piece of land, shall have a lien on the whole piece of land, not exceeding one hundred and sixty acres, for the amount due him therefor; provided the contract is in writing, and signed by the owner of the land or some one duly authorized by him, and recorded in the registry of deeds for the county where the land lies. The lien ceases at the expiration of six months after the time when the money or the last instalment shall become payable, unless a suit shall have been comemenced to enforce such lien within said six months. Chattel Mortgages. No chattel mortgage is valid as against creditors and purchasers and mortga. gees in good faith, unless the mortgage or a true copy thereof shall be filed in the office of township clerk of the township, or city clerk of the city where such mortgagor resides. Every such mortgage shall cease to be valid as against creditors, subsequent purchasers, and mortgagees in good faith, after the expiration of one year from filing the same, unless within thirty days next preceding expiration of the year, the mortgagee, his agent or attorney, shall make and annex to the instrument on file, an affidavit setting forth the interest which the mortgagee has by virtue of such mortgage in the property therein mentioned, and the mortgage must be renewed from year to year, in manner aforesaid.

-tEIAAL LAWS 0P M ICHI AN'fLaw Regulating Contracts. 1ts the fealowing cases, every agreement contract, and promise, shall be void, vinless the same, or seome note or memorandum thereof, be in writing, and signed by the party to be charged dierewith, or by some person thereunto by him lawfAlly authorized: 1. Every agreement that, by its tenrms, is not to be performed in one year front the making thereof. 2. Every special promise to answer for the debt, default, or misdoings of another person. 3. Every agreement, promise, or undertaking, made upon consideration of marriage, except mutual promises to marty. 4. Every special promise made by an executor or administrator to answer damages out of his own estate. No contract for the sale of any goods, wares, or merchandise, for the price of fifty dollars or more, shall be good or valid, unless the purchaser shall accept and receive part of the goods so sold, or shall give something in earnest to bind the ba.rgain, 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 action shall be brought to charge any person upon or by reason of any favorN able representation or assurance made concerning the character, conduct, credits ability, trade, or dealings, of any other person, unless such representation or assurance be made in writing, and signed by the party lo be charged thereby, or by some person thereunto by him lawfully authorized. The consideration need not be expressed in such written contract, note, or mtemorandam. Limitation of Actions. THE following actions must be brought within six years afer the causa of action accrues:1. All actions of debt, founded upon any contract or liability not under seal, except such as are brought upon the judgment or decree of some court of record of the United States, or of this or of some other of the United States. 2. All actions upon judgments rendered in any court other than those above exceptedo 3. All actions for arrears of rent. 4. All actions of assumnpsit ot upon the case, founded on any contract or liability, express or implied. 5. All actions of waste. 6. All actions of replevin and trover, and all other actions for taking, detaining, or injuring, goods or chattels. 7. All other actions on the case, except actions for slanderous words or for libels. All actions for trespass upon land, or for assault and battery, and for false imo prisonment, and slanderous words and libels, shall be commenced within two years. All personal actions upon othercontracts must be brought within ten years, and not after. Infants, femme coverts, persons insane, imprisoned, or absent from the United States, at the time any cause of action accrues on their behalf, may bring the same within the times respectively limited after the removal of their disability. The foregoing limitations do not apply to bills or notes issued by a bank. In cases of mutual account, the cause of action shall be deemed to have ac~ crued at the time of tie last item proved. When any person is absent from the state at the time a cause of action accrues against himn, or subsequently leaves the state, such period of absence is not to be computed. In actions upon any contract, no promise or acknowledgment shall take a case out of the operation of the statute, unless the same is made or contained by or in some writing; nor can one of two or more joint contractors or executors deprive the other of the benehit of the statute, by any written ackaowledgmenlt

I3.f&r gSpj8ae C1AL LAWS OF MICIIGAX, Collection of Debts. ARREST.-No person shall be arrested on demand arising out of contract, e-' cept promises to marry, or for moneys collected by any public officer, or for any misconduct or ne-glect in office or in any professional employment, uuless satisfaetory evidence is adduced by the affidavit of the plaintiff or some other person, that there is a debt due the plaintiff from the defendant, specifying the nature aild amount thereof as near as may be; for which the defendant can not be arrested, and establishing1. That the defendant is about to remove any of his property out of the jurlsdiction of the court in which suit is brought, with intent to defraud his creditors; or, 2. That the defendant has property, or rights in action, or some interest in any public or corporate stock, money, or evidence of debt, which he unjustly refuses to apply to the payment of such judgment or decree as shall have been rendered against'him, or which he fraudulently conceals; 3. That he has assigned, removed, or disposed of, or is about to dispose of, any of his property or rights in action, with the intent to defraud his creditors; or, 4. That the defendant fraudulently contracted the debt or incurred the obligation respecting which suit is brought. ATTAcUE.t:Tnr. —Jpon an affidavit being made by the creditorr r some person in his behalf, stating that the defendant is justly indebted to the creditor in a sunm therein mentioned according to the belief of the deponent, and being more than one hundred dollars, and that the same is due upon a contract, express or implied, or a judgment rendered on such contract; and further, that, deponent knows or has good reason to believe, either1. That the defendant has absconded, or is about to abscond, from this state, or that he is concealed therein to the injury of his creditors; 2. That defendant hag assigned, disposed of; or concealed, or is about to assign, dispose of, or conceal, any of his property, with inteat to defraud his creditors; 3. That defendant has removed, or is about to remove, any of his property out of this state, with intenl to defraud his creditors; 4. That he fraudulently contracted the debt, or incturred the obligation, respecting which, suit is brought; 5. That the defendant does not reside in this state, and has not resided therein for three months immediately preceding the time of making application for such attachment; or, 6. That defendant is a foreign corporation. The clerk of the circuit court shall issue an attachment against the goods, chattels, lands, tenements, rights, credits, moneys, and effects, of the defendant Deeds. CONVEYANC, S of lands, or of any estate or interest therein, may be made by deeds, signed and sealed by the person from whom the estate or interest is intended to pass, being of lawful age, or by his lawful agent or attorney, and acknowledged or proved and recorded as directed (below), without any other act or ceremony whatever. A husband'and wife may, by their joint deed, convey the real estate of the wife, in like manner as she might do by her separate deed, if she were unmarried; but the wife shall not be bound by any covenant contained in such joint deed. Deeds executed within this state, of lands, or any interest in lands therein, shall: be executed in the presence of two witnesses, who shall subscribe their names to the same as such, and the persons executing such deeds may acknowledge the execution thereof before any judge or commissioner of a court of record, or before any notary public, justice of the peace, or master in chancery within the state, and the officer taking such acknowledgment, shall endorse thereon a certificate of the acknowledgment, and the time and date of making the same, under his hand. If any such deed shall be executed in any other state, territory, or district, of the United States, such deed may be executed according to the laws of such state, territory,. or district, and the execution thereof may be acknowledged before any judge of a court of record, notary public, justice of the peace, master in chancery, or other officer authorized by the laws of such state, territory, or district, to take the acknowledgment of deeds therein, or before any commissioner appointed by the governor of this sta 1or such purpose.

SPECIAL LAWS OF MICHIGANo 301 fi tfie cases provided for in the last preceding section, unless the acknowledgment bo taken before a commissioner appointed by the governor of this state for that purpose, ouch deed shall have attached thereto a certificate of the clerk, or other proper certify, ing officer of a court of record of the county or district within which such acknowledgment was taken, under the seal of his office, that the person whose name is sub. scribed to thle certificate of acknowledgment was at the date thereof, such officer as he is therein represented to be, that he believes the signature of such person subscribed thereto to be genuine, and that the deed is executed and acknowledged according to the laws of such state, territory, or district. If such deed be executed in any foreign country it may be executed according to thi laws of such country, and the execution thereof may be acknowledged before any notary public therein, or before any minister plenipotentiary, minister extraordinary, minister resident, charge d'affaires, commissioner, or consul of the United States, appointed to reside therein; which acknowledgment shall be certified thereon by the officer taking the same, under his hand, and if taken before a notary public, his seal of office shall be affixed to such certificate. When any married woman residing in this state, shall join with her husband in a deed of conveyance of real estate, situate within this state, the acknowledgment of the wife shall be taken separately, and apart from her husband, and she shall acknowledge that she executed such deed freely and without any fear or compulsion from any one. When any married woman not residing in this state, shall join with her husband in any conveyance of real estate, situate within this state, the conveyance shall have the same effect as if she were sole, and the acknowledgment or proof of the execution of such conveyance by her, may be the same as if she were sole. Deeds must be recorded by the register of deeds in the county where the lands lie. A scrawl of the pen may be used as a seal. Form of Acknowledgment. State of Michigan, Y County of Wayne, S Be it remembered, that on this eighteenth day of March, one thousand eight hundred and fifty.one, before me, JOHN JONES, a notary public in and for said county, personally came the above (or 7vithin) named JOHN DOE, and SUSAN DOE his wife, known to me to be the pesona who executed the foregoing instrument. and acknowledged the same to be their free act and deed; and the said SUSAN, wife of the said JOHN DOE, on a private examination, before me, seap arate and apart from her said husband, aclnowledged that she executed the same freely, and with. out any fear or compulsionfrom any one. (Seal of Officer.) JOHN JONES, Notary Public. Rights of Married Women. ALL property acquired by any female before marriage, or to which she may be enti. tled afterward, continues her separate property, and is not liable for her husband's debts, but is liable for her own debts contracted before marriage. She can not give, grant, or sell, the same without consent of her husband, except by order of court. The constitution of 1851, provides that, " The real and personal estate of every female acquired before marriage. and all property to which she may afterward become entitled by gift, grant. inheritance, or devise, shall be and remain the estate and property of such female. and shall not be liable for the debts, obligations, or engagements, of her husband, and may be devised and bequeathed by her as if she were unmarried." DowER.-The wife is entitled to dower in all lands of which her husband was seized of an estate of inheritance during coverture. Rate of Interest. THE legal rate is seven per cent., with permission to agree upon any rate not higher than ten per cent. for a loan of money. Contracts are not void for, usury beyond the usurious excess. Wills. WILLS must be in writing, subscribed by the testator or by some person in his presence and by his express direction, attested and subscribed in the presence of the tcstag tor by two or more competent witnesses. 26

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304 SPECIAL LAWS O INDIANA. INDIANA. Constitution adopted) 1616.-Square Miles, 33,809.-Population in 1850, 988,416 Household and Homestead Exemptions. q 1. A.n amount of property not exceeding in value three hundred dollars, owned by any resident householder, shall not be liable to sale on execution or any other final process from a court, for any debt growing out of or founded upon contract, express or implied, after the fourth of July, 1852. te. The said property may be real or personal, or both, as the debtor may elect. 3. No mortgage or sale of any real estate exempted under the provisions of this act, shall be valid, if executed by a married man, unless the deed be acknowledged by the wife in due form of law, 4. Such exemption shall not affect any laborer's or meo chanic's lien, nor lien for purchased money of real estate exempted under this act. 5. For the appraisemient of any property to be exempted under the provisions of this act, two disinterested householders of the neighborhood shall be chosen, one by the plain. tiff, his agent, or attorney, and one by the execution debtor, and these two in cases of disagreement, shall select a third; and in case either party fails to select an appraiser, the eame shall be selected by the officer holding the execution. 6. Such appraisers shall proceed forthwith to make a schedule of the real and per. sonal property selected by the debtor, describing the real estate by metes and bounds, and the personal property by separate items, affixing to each the value they agree upon; and they, or a majority of them, shall affix to the schedule so made an affidavit in substance as follows: "We the undersigned. swear that in our opinion, the above is a just cash Valuation of the property therein described." 7. Such schedule shall be delivered to the officer holding the execution or other pro. cess, and shall be by him returned with such execution, or other process, and made part of such return. 8. Each appraiser, for his services, shall be allowed the sum of fifty cents to be paid by the execution debtor. 9. If any execution debtor shall claim property as exempted by virtue of this act, he shall elect whether he will claim personal or real property, or both, and shall designate the property so claimed. 10. If such claim include personal property only, the officer holding such execution shall cause the same to be appraised and set apart to the debtor, and shall proceed to sell such other property, if any, as may be liable to said writ, according to law. 11. If any such claim include both personal and real property, the officer shall proceed to have such personal property valued and shall set the same apart to the debtor; he shall then cause the real property claimed as aiforesaid to be valued; and if the same together with the personal property set apart, shall exceed three hundred dollars, the debtor shall within sixty days thereafter, pay such excess, or enough to satisfy the execution; and if he fail to do so, the officer shall proceed to sell the same as other lands are sold on execution if his writ shall autholize the sale of real property; but making such sale, he shall receive no bid therefor, unless it exceed the difference between three hundred dollars and the personal property so valued and set apart; and if he shall sell said prop. erty, he shall pay over to the debtor the amount of said difference, and apply so much of the remainder on the execution as shall satisfy the same, and the overplus, if any shall be paid to the debtor or other party having the next right. 12. It the claim include real property only, the same shall be valued, and if it exceed three hundred dollars, it shall be dealt with as is specified in respect to real property in the last preceding section. 13. In all cases in which real property is sought to be exempted from sale on execution if such reel property is susceptible of division by metes and bounds, without material in. jury thereto, it shall be so divided as to exempt the principal dwelling-house or home. stead of the debtor. 14. Nothing in this act shall be considered as exempting any property from taxation or from sale for taxes. Only one hundred and twenty-five dollars' worth of property is exempt from execu. tioin for debts contracted before July 4th, 1852. For MnEiICHAl1ICS' LIENT, soe page 308.

SPECIAL LAWS OP INDIANAs 305 Chattel Mortgages. No assignment of goods and chattels, by way of mortgage or security, or up1 on any condition whatever, shall be valid against any other person than the parties thereto, where the possession of such goods and chattels-is not delivered to the mortgagee or assignee, and retained by him, unless such assignment shall be proved or acknowledged as provided in cases of deeds of conveyance, and recorded in the recorder's office of the county where the mortgager or assignor resides, within ten days after the execution thereof. Law regulating Contracts. No action shall be brought1. To charge an executor or administrator, upon a special promise, to answer damages out of his own estate; or2. To charge any person, upon any special promise, to answer for the debt, dee fault, or miscarriage, of another; or3. To charge any person upon any agreement or promise made in consideration of marriage; or4. To charge any person upon any contract for the sale of lands, tenements, or hereditaments, or any interest in or concerning them; or5. Upon any agreement that is not to be performed within one year from the making thereof; unless the promise, contract, or agreement, upon which such action shall be brought, or some memorandum-or note thereof, shall be in wri. ting, and signed. by the party to be charged therewith, or by some person there. unto by him lawfully authorized, excepting leases not exceeding the term of three years. The consideration need not be expressed in the writing. No action shall be maintained to charge any person upon or by reason of any representation or assurance made concerning the character, conduct, credit, ability, trade, or dealings, of any other person, when such action is brought by the person to whom such representation or assurance was made, unless such representation or assurance be made in writing, and signed by the party to be charged thereby, or by some person thereunto by him lawfully authorized. No contract for the sale of any goods, wares, or merchandise, for the price of fifty dollars or more, shall be good or valid, unless the purchaser shall accept and receive part of such property 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. Limitation of Actions. THE following actions shall be commenced within six years next after the cause of action shall accrue:1. All actions of debt founded upon any contract or liability, except as provided in the next section. 2. All actions upon judgments rendered before a justice of the peace, or in any court not being a court of record.. 3. All actions for arrears of rent. 4. All actions of assumpsit, or upon the case, founded on a contract or liability, express or implied, except as provided in the next section. 5. All actions for waste and for trespass upon land. 6 All actions of replevin, and for taking, detaining, or injuring goods or Shat. tels. 260

306 SPECIAL LAWS OF INDIANA. 7. Al other actions on the case, except actions for slanderous words and for ibels. None of the provisions of the foregoing section shall apply to any action brought upon any bond, promissory note, or contract in writing, nor to any action broaglht upon any bills, notes, or other evidences of debt, issued by any bank, where the suit is against such bank, nor to any action brought on the judgment or decree of any court of record of this state or of the United States, or of any state or'territoyv of the United States. All actions for assault and battery, and for false imprisonment, shall be commenced within three years. All actions for slanderous words, and for libels, shall be commenced within one year. In all actions of debt or assumpsit, where there are mutual and open accounts current between the parties, the cause of action shall be deemed to have accrued at the time of the last item proved in such account. All personal actions on any contract not limited above shall be brought within twenty years after the accruing of the cause of action. Minors, married women, persons insane, imprisoned, or absent from the United Sta'tes, may bring action within one year after the disability is removed. Absence from the state of the defendant is not to be computed. Actions for the recovery of lands must be brought within twenty years. A widow shall not recover dower after the expiration of twenty years from the death of her husband. If, at the time of his death, she be a minor or insane, the time of such disability is not to be computed. Collection of Debts. ARsREST.-Actions brought for the recovery of any debt, or for damages only, may be commenced either by the issuing of a capias ad respondenldumn or by a summons. Special bail shali not be required in any case until the plaintiff, his agent or attorney-at-law, shall make and file, with the clerk or court where suit is insti-,tuted, an affidavit specifying the plaintiff's rihits to recover an existing debt or danages from the defendant, and also Stating that he believes the defendaiit is about to leave the state of Indiana, taling with him property subject to execu-.tion, or money or effects which should be applied to the payment of the plaintiff's debt or damages, with intent to defraud said plaintiff. No capias ad respoldesdun m shall be delivered to any officer to be executed until an order for special bail has been obtained and endorsed on such writ. ATTACHMENT'r.-The real and personal property of a debtor, being ali inhabit. ant of this state, may be attached for the payment of his debts, whenever such debtor shall be secretly leaving the state. or shall have left the state, with intent to defraud his creditors, or to avoid the service of civil process, or shall keep himself concealed so that process can not be served upon him, with intent to delay or defraud his creditors. No writ of attachment shall issue against any debtor while the wife and family of such debtor shall be and remain boeafide settled within the county where his usual place of residence may have been prior to his absence, if such debtor shall nbotcontinue absent from the state more than one year after lie shlall ave absented himself, unless an attempt shall be made to conceal such debtor's absence, or unless such debtor shall be secretly transFerring, conveying, or renoving his property or effects, by which the payment of his debts may be evaded. If the wife or family of such debtor shall refuse to give an account of the cause of his absence, or of the place where he may be, or shall give a false account of either, or shall be unable to account for his absence, or to tell where he lmay be found, such refusal, false accounts, or inability to account for his absence, or to tell where he may be found, shall be deemed and construed an attempt to conceal his absence.

SPECIAL LAWS OF INDIANA. 307 Deeds. A sCRAWL of the pen may be used fur a seal. To entitle any deed, conveyance, mortgage, or instrument in writing, to be recorded, it shall be acknowledged by the party or parties executing the same, or shall be proved by a subscribing witness thereto, &c., before any supreme judge, judge of a circuit court, justice of the peace, recorder, notary public, or mayor of a city, within this state, or before any judge of a supreme or circuit court or court of common pleas, justice of the peace, or mayor or recorder of a city, or notary public of any other state, or before any commissioner appointed by the governor of this state in another slate for such purpose, or before any minister charg6 d'affaires, or consul of the United States, in any foreign country. Form of Acknowledgment. State of Indiana, to wit County of Harrison, Be it remembered, that on this tenth day of October, one thousand eight hundred and fifty, before me, JOHN JONES, a notarTy public in and for said county, personally appeared JOHN DOE and SUSAN his sife, and severally acknowledged the foregoing instrument to be their act and deed; and the said SUSAN, on a private examination, separate and apart front and without the hearing of her hnsband, I having first freely made known to her the contents and purport thereof, acknowledged to me that she execluted the same of her own free will and accord, and without any coercion or compulsion from her said husband. Witness my hand and notarial seal of office, the day and year first above written. (Seal.) JOHN JONES, Notary Public. The acknowledgment of the execution of any deed or conveyance by which a married woman releases her dower in any lands conveyed or assigned by her husband, or by which the husband and wife convey the real estate of the wife, may be taken before any officer herein authorized to take the acknowledgment of deeds; but sucl officer shall first make known to her the contents and purport of such deed or conveyance, and she acknowledge on a private examination, separate and apart from, and without the hearing of her husband, that she executed such deed or conveyance of her own free will and accord, and without any coercion or compulsion from her husband; all of which shall be certified by such officer in his certificate of such acknowledgment. Without such acknowledgment and certificate, her dower will not be barred, nor her interest conveyed. The deed must be recorded in the county where the land is situate, within ninety days.'It is better to record it at once. Rights of Married Women. No real estate whereof any married woman was or may be seized or other wise entitled to, at the time of her marriage, or which she has or may fairly acquire during her coverture, or any interest therein, shall be liable for the debts of lher husband; but the same. and all interest therein, and all rents and profits arising therefrom, shall be deenmed and taken to be her separate property, fiee and clear from any and all claim or claims of the creditors or legal representatives of her husband, as fully as if she had never been married; provided this law shall not be so construed as to apply to debts contracted by such married woman before such marriage, but in all cases her said property shall be first liable therefor. DowER.-The widow shall b6 endowed of one full and equal third part of all

308 SPECIAL LAWS OF INDIANA. the lands the legal title to which was in her husband, or in any person to and fcs his use and benefit at any time during the coverture, unless sach right of dower has been legally barred. Rate of Interest. THE legal rate of interest is six per cent. Usurious interest can not be recovered; and if paid, may be recovered baAl, but usury does not render the entire contract void. Wills. THESE must be in writing, and signed by the testator, or by some person in Lis presence and by his express direction, and attested and subscribed in the presence of the testator by two or more competent witnesses. O'ei lorm of attestation, see page 163. Mechanics' Lien. ALtr persons performing labor on or furnishing materials for the construction of any [new] building, or repair of any building, under any contract entered into with the owner, and not with the tenant, may have a lien on the same for his services or materials, or both. Sub-contractors and laborers, giving notice to the owner of their claim, may. make him liable for it, if he be indebted to their employer in that amount; if not, then to the amount due from the owner to their employer.' Within sixty days after the completion of the building or repairs, notice of the intention to hold a lien on the property, specifying the amount claimed, must be filed in the recorder's office of the county. Lien may be enforced by filing a bill in chancery. Boats and vessels of all descriptions built, repaired, or equipped, within the jurisdiction of this state, and those built, repaired, or equipped, out of such jurisdiction, by citizens of this state, who shall afterward come within such jurisdiction, shall be liable for all debts contracted by the master, owner, or consignee thereof, on account of work done and supplies or materials furnished by any person for, on account of, or toward the building, repairing, fitting, furnishing, or equipping such boats or vessels; and the debts so contracted shall be a lien on such boats or vessels, their tackle, apparel, and furniture, and shall have preference to any and all debts due from the owners, masters, or consignees thereof, except mariners' and boatmen's wages. Attachment may issue to enforce such lien. After a boat or vessel of any description shall have started on her voyage, if any person shall sell to the captain, commandant, master, consignee, or any officer of said boat or vessel, materials for her repair or equipment, or wood or coal for fuel, or provisions to be made use of by the crew or passengers during said voyage, or any articles not being freight or cargo, and which are designed merely to enable said boat or vessel to prosecute her voyage, said person making affidavit of the truth and justice of his demand, shall have the same remedy. Boatmen and mariners, for their wages, may proceed under these provisions

SPECIAL LAWS OP ILLINOIS 309 ILLINOIS. Constitution adopted, 1848.-Square Miles, 55,405.-Population in 1850, 858,234. Exemptions. THE wearing-apparel of every person shall be exempt from sale on execution, writ of attachment, or _ distress for rent, necessary for use. The following property, when owned by any person being the head of a family and residing with the same, shall be exempt fiom levy and sale on any execution, writ of attachment, or distress for rent, and such articles of property shall continue so exempt while the family of such person or any of them are.... ___ removing from one place of residence to another in this state, viz.:1. Necessary beds, bedsteads, and bedding; the necessary utensils for cooking; necessary household furniture, not exceeding in value fifteen dollars; one pair of cards, two spinning-wheels, one weaving-loom and appendage, one stove and the necessary pipe therefor, being in use or put up for ready use in any house occupied by such family. 2. One milch-cow and calf; two sheep for each member of the family, and the fleeces taken from the same, or the fleeces of two sheep for each member of a family which may have been purchased by any debtor not owning sheep, and the yarn and cloth that may be manufactured fiom the same; and sixty dollars' worth of property suited to his or her condition or occupation in life, to be selected by the debtor. 3. The necessary provisions and fuel for the use of the family for three months, and necessary food for the stock hereinbefore exempted from sale, or that may be held under the provisions of this act. When any lot not exceeding ten acres shall be appropriated and used as a burying-ground, and shall be recorded as such in the recorder's office of the county, it shall be exempt from all taxes; and when sold in lots for burying the dead, the said lots shall not be subject to execution or attachment; provided that no person shall hold more than one eighth of an acre exempt from execution. When in any case the head of a family dies, deserts or ceases to reside with the same, the said family shall be entitled to retain the property above exempted, free from levy and sale on execution. Mechanics' Lien. PERSONS furnishing labor or materials in repairing or erecting any building, shall have a lien on the building and lot or tract of land on which the same shall be erected. To enforce such lien, suit must be brought within six months from the time that the last payment should have been made. Landlords have a lien on growing and grown crops for their rent.

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312 SPECIAL LAWS OF ILLINOIS. Homestead Exemption. IN addition to the property now exempt by law from sale under execution, there shall be exempt fiomjlevy and forced sale, under any process or order from any court of law or equity in this state, for debts contracted from andafter the fourth day of July, A. D. 1851, the lot of ground and the buildings thereon occupied as a residence, and owned by the debtor, being a householder and having a family, to the value of one thousand dollars. Such exemption shall continue after the death of such householder, for the benefit of the widow and family, some or one of them continuing to occupy such homestead until the youngest child shall become twenty-one years of age, and until the death of such widow; and no release or waiver of such exemption shall be valid, unless the same shall be in writing, subscribed by such householder, and acknowledged in the same manner as conveyances of real estate are, by law, required to be acknowledged. No property shall, by virtue of this act, be exempt from sale for non-payment of taxes on assessments, or for a debt or liability incurred for the purchase or improvement thereof, or prior to the recording of the aforesaid conveyance or notice. If, in the opinion of the creditors or officer holding an execution against such householder, the premises claimed by him or her as exempt are worth more than one thousand dollars, such officer shall summon six qualified jurors of his county, who shall, upon oath, to be administered to them by the officer, appraise said premises, and if, in their opinion, the property may be divided without injury to the interest of the parties, they shall set off so much of said premises, including the dwelling-house, as in their opinion shall be worth one thousand dollars, and the residue of said premises be adver dised and sold by such officer. In case the value of the premises shall, in the opinion of the jury, be more than one thousand dollars, and can not be divided, as is provided for by this act, they shall make and sign an appraisal of the value thereof, and deliver the same to the officer, who shall deliver a copy thereof to the execution debtor, or to some one of the family of suitable age to understand the nature thereof, with a notice thereto attached, that, unless th6 execution debtor shall pay to said officer the surplus over and above one thousand dollars on the amount due on said execution, within sixty days thereafter, that such prenises will be sold. In case such surplus, or the amount due on said execution, shall not be paid within the said sixty days, it shall be lawful for the officer to advertise and sell the said premi. ses, and out of the proceeds of such sale to pay to such execution debtor the said sum of one thousand dollars, which shall be exempt from execution for one year thereafter and apply the balance on such execution: Provided, That no sale shall be made unless a greater sum than one thousand dollars shall be bid therefor; in which case the officer may return the execution for the want of property. The costs and expenses of settling off such homestead as provided herein, shall be charged and included in the officer's bill of costs upon such execution. Chattel Mortgages. No mortgage on personal property hereafter executed shall be valid as against the rights and interests of third persons, unless possession of the property shall be delivered to and remain with the mortgagee, or the said mortgage be acknowledged and recorded in the office of the recorder of the county in which the mortgager shall reside. Any mortgager must first acknowledgebefore any justice of the peace in the justice's district in which he may reside, such mortgage, and the said justice must certify to such acknowledgment and enter the same upon his docket. It shallthen be valid for two years, provided that such mortgage shall provide for the possession of the property so to remain with the mortgager. Law regulating Contracts. No action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer any debt or damages out of his own estate; or whereby to charge the defendant, upon any special promise, to answer for the debt, default, or miscarriage, of another person; or to charge any person upon any agreement made upon consideration of marriage; or upon any contract for the sale of lands, tenements, or hereditaments, or any interest in or concerning them for a longer term than one year; or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the promise or agreement upon which such action shall be

SPECIAL LAWS OF ILLINOIS. 313 Pc ugIi or some memorandum or note thereof, shall be in writing, and signed by tho party to be charged theretwith, or some other person thereunto by him lawfully authorized, Limitation of Actions. Arm actions of trespass qzxcre clausum fregit, trespass, detinue, trover, and replevin, for taking away goods and chattels; all actions for arrearages of rent due on a parol demise; and all actions of account, and upon the case, except actions for slander and malicious prosecution, and such as concern the trade of merchandise between merchant and merchant, their factors or agents, shall be commenced within five years next after the cause of action accrued. Actions of trespass for assault, battery, wounding, and imprisonment, shall be commenced within two years next after the cause of action accrued. Actions on the case for words shall be commenced within one year; and for mali-'cious prosecution shall be commenced within two years. Every action of debt, or covenant for rent or arrearages of rent, founded upon any lease under seal, and of debt or covenant founded upon any single or penal bill, promIssory note, or writing, obligatory for the direct payment of money, or the delivery of property, or the performance of covenants, or upon any award,uander the hands and seals of arbitrators, for the payment of money only, shall be commenced within sixteen years after the cause of action accrued; and when any payment has been made upon such instrument, then within sixteen years friom the time of such payment. Judgments of any court of record of this state may be revived by action of scire facias or action of debt within twenty years next after the rendition of the same. Right of entry and actions to recover lands are barred by the lapse of twenty years. Infants, married women, persons insane and absent from this state, may make such entry and bring such actions within the times respectively limited after the removal of'heir disability. The absence of a defendant from the state is not to be computed in the limitation, Collection of DebtS AREST. —When any debtor shall refuse to surrender his estate, lands, goods, or chattels, for the satisfaction of any execution which may be issued against the property of any such debtor, it shall and may be lawful for the plaintiff or his attorney or agent to make affidavit of such fact before any justice of the peace of the county; and upon'filing such affidavit with the clerk of the court from which the execution issued, or with the justice of the peace who issued such execution, it shall be lawful for such clerk or justice of the peace, as the case may be, to issue a capias ad satisfaciendumn against th,body of such defendant in execution. The defendant may board oit his debt in jail at one dollar and fifty cents per day. ATTACHMEsNT.-If any creditor or his agent shall make complaint, on oath or affirmea eion, to the clerk of the circuit court of any county in this state, that his debtor is about to depart from this state, or has departed from this state, with the intention in either case of having his effects and personal estate removed without the limits of this state, -to the injury of such creditor, or stands in defiance of any officer authorized to arrest shim on civil process, so that the ordinary process of law can not be served on such *debtor, and that the debtor is indebted to him in a sum exceeding twenty dollars, specifying the amount and nature of such indebtedness, such creditor may sue out a writ,of attachment against the debtor's lands and tenements, goods and chattels, rights and credits, moneys and effects, of what nature soever, or so much as will satisfy the debt sworn to, with interest and costs. When any creditor, his agent or attorney, shall make oath or affirmation before any justice of the peace in this state, that any person, being a non-residlent of this state, is indebted to such creditor in a sum not exceeding fifty dollars, such justice may issue an attachment against his personal estate. Attncbhment may issue, in the case of a non-resident, against all his property for a sum cxcessine)g twenty dollars, from the clerk of the circuit court of any county. Deeds. A SCAWsAL of the pen may be used as a seal. Deeds should be witnessed by two subo;,pribing witnfssei. 27

^14d iSPECIAL LAWS OF ILLIr1OT0 Form of Acknowledgment. State of Illinois, Cbunty of Hancoc, 5 S. Be it remembered, that on this first day of April, one thousand eight hundred anr( fifty-one, before me, JOHN JONES, a notary public, personally appeared JOHN DOE and SUSAN his wife, to me known to be the real persons whose names are subscribed to the foregoing conveyance, and severally acknowledged that they executed the same; and the said SUSAN, 0on anL examination separate and apart from her husband, having had tha contents thereof fully made known to her by me, acknowledged that she executed tie same5 and relinquished her dower to the lands and tenements therein mentioned, voluntarily, freely, and without any compulsion of her said husband. In witness whereof, I have hereunto set my hand and notarial seal of office, the day and year first above written. (Seal of Office.) JOHN JONES, Notary Public. Deeds may be acknowledged or proved before any judge or justice of the supreme or district court of the United States; any commissioner to take acknowledgment of deeds: any judge or justice of the supreme, superior, or circuit court of any of the United States or their territories; any clerk of a court of record, mayor of a city, or notary public: but when made before a clerk, mayor, or notary public, it shall be certified by such officer under his seal of office. When any married woman, not residing in this state, being over eighteen years, shall join with her husband in the execution of a deed or mortgage of lands in the state, she shall thereby be debarred from all interest, estate, or dower therein, as if she were sole and of full age. The officer taking the acknowledgment must certify that the person offering to make such acknowledgment is personally known to him to be the real person whose name is subscribed to the deed as having executed the same, or that he was proved to be such by a credible witness (naming him), In case of married women, in addition to the above, he shall acquaint her with the contents of the deed, and shall examine her separately and apart from her husband, whether she executed the same, and relinquished her dower to the lands and tenements therein mentioned, voluntarily, freely, and without compulsion of her said husband, and shall certify the same on or annexed to the deed. Rights of Married Women. DowER.-A widow shall be endowed of the third part of all the lands whereof heb husband was seized of an estate of inheritance at any time during marriage, unless tho same shall have been relinquished in legal form. Rate of Interest. FaoM and after January 30, 1849, money may be loaned at such rate of interest, not exceeding ten per cent. per annum on each hundred dollars, as the parties may agree upon. In the trial of any action brought upon a promissory note or writing obligatory in any of the courts of this state, wherein is reserved a higher rate of interest than six per cent. per annum, it shall be lawful for the defendant to set up and plead, as a defence in any such suit, that the consideration of said note or writing obligatory, upon which such suit is brought, was not "money loaned;" upon which issue it shall be lawful for the debtor, the creditor being alive, to become a witness, and his testimony shall be received as evidence; and the creditor, if he shall offer his testimony, shall be received as a witness, together with any other legal evidence that may be introduced by either party; and if, upon the trial of the said issue, it shall be found that the said note or writing obligatory upon which such suit is brought was not given for money loaned, then the said court shall render judgment for the principal sum in said promissory note or writing obligatory, and six per cent. interest thereon. Wills. THEY must be in writing, signed by the testator, or by some one in his presence and by his direction, and attested by two credible witnesqsep. For form of attestation, see page 163.

SPECIAL LAWS OF PMISOUS01t 31' MISSOURI. Constitution adopted, 1820.-Square Miles, 67,380.-Populadion in 1850, 684,1391 Exemptions. _THERE isin this state exempted fiom sale on eve, -' /iii'l —i cution, the wearing-apparel of all persons, and the net flll-ll' l cessary tools, implements of trade, of any mechanic ~'-/^^^N||^' while carrying on his trade, and the following articles, being the property of any person being a householder, -t~ - ~-, namely: ten head of choice hogs, ten head of choice - ~'t/~! \:~ J sheep, two cows and calves; one plough, one axe, one hoe, and one set of plough-gears; working-animals, of the value of sixty-five dollars; the spinning-wheels and " cards, one loom and apparatus, necessary for manufacturing cloth in a private family; all the spun yaim' thread, and cloth, manufactured for family use; flax, hemp, and wool, twenty-five pounds of each; all wearing-apparel of the family two beds, with the usual bedding; and such other household and kitchen furniture necessary for the family, not exceeding in value twenty-five dollars; all arms and military equipments required by law to be kept; all provisions on hand for family use, not exceeding twenty-five dollars in value. All lawyers, physicians, and ministers, may select such books necessary to their profession in the place of other property, at their option; doctors of medicine, in lieu of property exempt, may select their medicines. Instead of ten hogs, ten sheep, two cows and calves, one plough, one axe, one hoe, one set of plough-gears, and working-animals of the value of sixty-five dollars, the debtor, if the head of a family, may select any other property, real or personal, not exceeding in value, one hundred and fifty dollars. The wife's property is exempt fiom sale on execution against her husband, if the debt was contracted before marriage, before she came into possession, or if it was a security debt. It is also exempt from execution for fine or costs in any criminal case against her husband. The husband's property is exempt from all debts and liabilities contracted by the wife before marriage. Mechanics' Lien. CONTRACTORS, sub-contractors, artisans, and laborers, shall have a lien for work and materials on the buildings. Every person, except sub-contractors, must file with the cleri of the circuit court of the county in which the building is, within six months after the materials are furnished or the work is done, a true account of his demand, verified by his oath, and a correct description of the property. Sub-contractors must give notice to the owners of their intention to fiunish materials or labor, and the probable value thereof; and having settled the amount afterward with the contractor, must, within ten days after the labor is done or the materials are furnished, file in the like office a copy of such settlement, and a correct description of the property charged with the lien. The lien to bind the building for twelve months after it is finished. The owner not to settle with the contractor until the sub-contractors' liens are dise charged. Lien to extend to the land on which the building is erected, and not exceeding five hundred square feet clear of the building.

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318 gSPECIAL LAWS OF MISSOUSL.o Chattel Mortgages. THE property must be delivered to and retained by the mortgagee, or the mortgags must be acknowledged or proved and recorded in the county in which the mortgage resides, the same as deeds of real property. Law regulating Contracts, ALL contracts which, by common law, are joint only, shall be construed to be joint and several. A joint debt or contract survives against the heirs, executors, and administrators of the deceased obligor or promisor, as well as against the survivor, also against the heirs, executors, and administrators of all the joint obligors, if all are dead. Suit may be prosecuted against any one or more copartners, in case of copartnership, obligation, or assumption. No action shall be brought to charge any executor or administrator, upon any special promise, to answer any debt or damages out of his own estate; or to charge any person, upon any special promise, to answer for the debt, default, or miscarriage, of another person; or to charge any person upon any agreement made upon consideration of marriage; or upon any contract for the sale of lands, tenements, or hereditaments, or any interest in or concerning them, or any lease thereof for a longer term than one year; or upon any agreement that is not to be performed within one year from the making thereof, unless the agreement upon which the action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person by him thereto lawfully authorized. No contract for the sale of goods, wares, and merchandise, for the price of thirty dollars or upward, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and shall actually receive the same, or give something in earnest to bind she bargain or in part payment, or unless some note or memorandum in writing be Made of the bargain, and signed by the parties to be charged with such contract, or heir agents lawfully authorized. Actions shall not be brought to charge any person for representations of the characesr, conduct, credit, ability, trade, or dealings, of another person, unless such representation is in writing, and subscribed by the person to be charged thereby, or by some person by him thereunto lawfully authorized. Limitation of Actions. ALL actions founded upon any writing, whether sealed or unsealed, for the direct payment of money or property, must be commenced within ten years after the cause of such action accrued-also, actions on covenants of seizin and actions for relief, not otherwise provided for. Actions on covenants of warranty, within ten years after final decision against title of warrantor. Actions upon contracts, &c., express or implied, except upon judgments or decrees of courts of record, and except where a different time is limited; actions upon a liability created by statute, other than a penalty or forfeiture; actions for trespass on real estate, actions for taking, detaining, or injuring goods and chattels, or for the recovery of specific personal property; actions for criminal conversation or other injury to the rights of persons, not otherwise limited, within five years. Actions for relief on the ground of fraud, within five years, the cause of action accruing at the discovery of the fraudulent acts. Actions against sheriffs or coroners, and actions for penalty or forfeiture, where the penalty is given to the party aggrieved, or to him, or to the state, within three years. Actions for libel, assault, battery, or false imprisonment, and actions for penalty or forfeiture to the state, within two years. Actions against sheriffs, &c., for escape, one year. On a current account, the cause of action accrues at the time of the last item in the account on the adverse side. Qui tam actions, within one year after the commnission of the offence, or within two years if not brought by a private party, if commenced by the attorney-general or circuit attorney in behalf of the state. Limitations apply to actions brought by the state or for its benefit. Infants, married women, persons insane or imprisoned, have the same periods re spectively after their disability is removed. A promise in writing is necessary to revive action barred by this act.

-PE-CIAL LAWS OF MISSOURI 319 B-nds, Judgments, and decrees, are presumed to have been paid'after the lapse ot tw enty years; such presumption being liable to be repelled by proof of payment W art, or written acknowledgment of the indebtedness. Collection of Debts. ATTACMVENT.-Attachment may issue —-1. Where the debtor does not reside within'the state; 2. Or conceals himself so that process can not be served upon him; 3. Or the debtor has absconded or absented himself from his usual place of abode in this state, so that process can not be served on him; 4. Or is about to remove his property.out of the state, with the intent to defraud, hinder, or delay, his creditors; 5. Or has fiaudulently conveyed Ar assigned his property, so as to hinder or delay his creditors. B6. Or has fraudulently concealed or disposed of his property, so as to hinder or delay Ihis creditors; 7. Or is about fraudulently to convey or assign his property or effects, so as to hinder or delay his creditors; 8. Or is about fraudulently to conceal or dispose of his property, so as to hinder -or delay his creditors.; 9. Where'the debt was contracted out of this state, and the debtor has absconded or secretly removed his property into this *state, with the intent to defraud, hinder, or delay, his creditors. In the fourth, fifth, sixth, seventh, eighth, and ninth cases, attachment may issue though the debt be not due. Before attachment can issue, affidavit must be made by the plaintiff, or some person for him, stating that the defendant is justly indebted to the plaintiff in the sum claimed, after allowing all just credits and offsets: stating, also, on what account the debt was Incurred and that affiant has good reason to believe and does believe the existence of one or more of the above,causes, which entitle him to an attachment. Bond must also be given, with one or more securities, resident householders of the county in which the action is to be brought, in a sum at least double the amount of the demand sworn to. If the defendant puts in issue the truth of the affidavit, the plaintiff must prove the facts. therein alleged as grounds of attachment. N. B. Non-resident parties wishing to sue their debtors in this state by attachment, ishould send, with the demand, an affidavit setting out the above facts, and should also take measures to provide the requisite security. Imnprisonment for debt is abolished. EvaRSi conveyance of freehold estate mnust be subscribed and sealed by the grantor and acknowledged or proved (if in this state) before some court having a seal, or some judge, justice, or clerk thereof, or some notary public or justice of the peace of the,county in which the land lies; if in the United States and out of this state before any.court of the United States or of any state or territory having a seal or the clerk of any such court or commissioner for this state residing at the place where the acknowledgment is taken; and in foreign countries, before any court of such country having a seal, or the mayor of any city having an official seal. Relinquishments of dower may be taken by the same officers, but acknowledgments of.married women, when conveying their separate estate, can be taken only by some court, judge, or clerk, authorized to take acknowledgments in other cases. A certificate thereof must be endorsed on the deed, under the hand and seal of tha officer. The deed should be recorded in the county where the land is situate. No deed is valid except between the parties thereto and such as have actual notice thereof, until the same is filed for record. The person acknowledging must be personally known to the officer or one judge oa the court, to be the person whose rame -is *subscribed as a party thereto, or shall be proved to be such by two credible witnesses, which shall be stated in the certificate. In addition, a married woman, upon relinquishing her dower, shall be made acquainted with the contents of the deed, and shall acknowledge, on an examination apart from her husband, that she executed the same, and.relinquishes her dower in the real estate therein mentioned, freely and without compulsion or undue influence of her husband; all which must be stated in the certificate. Form of Acknowledgment, with Relinquishment of Dower. State of Missouri, ) County of Bnatoa, I s,. Be it rernembered, that on the first day of March, one thousand eight hundred and jaftp. fWe;ore teo, JO oHa Jo Sfl, &ua i f ce t e cpeace in and for said county personally appeasedl

SO2 ESPECIAL LAWS OF rMISSOUICO JOHN DOE and SUSAN his wife, to me peraonally known to be the persons whose nrame, a ~ subscribed to the foregoing deed, as parties thereto, and acknowledged that they executed the same for the purposes therein mentioned; and the said SUSAN, being by me examined apar! from her thusband, acndsmade fdlly atlcuainted with the contests of the foregoing deed, acmnowEledge] that she executed the same [and relinquished the doweer in the real estate therein mentioned],freely and without fear, compulszon, or undude ienfluece, of hoer said husband. Witness my hand,, the day and year first above writteu. JOHN JONES, Justiee of the Peace. A scrawl of the pen may be used instead of a seal. A married woman may convey any of her real estate by a conveyance executed by herself aAd husband. The husband muest join in the conveyance. Her acknowledge ment is to be taken by some court, judge, or clerk, as above stated, she having first been made acquainted with the contents of the deed, by the officer, and on an examination separate and apart from her husband. The certificate of acknowledgment must be precisely similar to that given above, excepting that the words "and relinquished he: dower in the real estate therein mentioned" must be omitted. Rights of Marrie d Wsomens PROPERTY owned by a woman before marriage, or in any way acquired subsequent to her marriage, and the uDse and profits thereof, are exempt from debts and liabilities of her husband contracted before marriage or before the wife came into possession of such property. Such property is absolutely exempt from the husband's security debts, whenever contracted, and also from fines or costs, imposed on the husband in any crimb inal case. DowEn.-The wife is endowed of one third of all the lands of which her husband, or any one to his use, was seized, of an estate of inheritance, at any time during the marriage; also, of leasehold estate for the term of twenty years or more. The widow is also entitled to have and keep as her absolute property, all her imple. ments of industry, and all the beds, bedding, wearing apparel, provisions, &c., requisite for the family; also, kitchen furniture to the value of twenty dollars, and any other personal property to the value of two hundred dollars. In addition, she is entitled as follows, viz.:1st. If the husband leaves descendants-to a child's share of the personal estate, absolutely, or at her option, or to one third of the slaves for her life, and one third of the other personal property, absolutely, subject to her husband's debts. 2d. If the husband leavesno descendants-to all the real and personal estate which came to the husband in right of the marriage, remaining undisposed of, absolutely, and to one half of the real and personal estate belonging to the husband at the time of his death, absolutely, subject to the husband's debts. 3d. If the husband leaves descendants, but not by his last marriage, his widow may, in lieu of dower, take the real estate and personal property in possession of the husband which came to hzin in right of his wife, by means of the marriage-subject to the husband's debts. Rate of Interest. THE rate of interest is six per cent. If plea of usury be sustained, judg-ment shall be rendered for legal interest only, which interest shall be paid to the common-school fund. In addition, a usurer shall, upon information to any justice of the peace or court having jurisdiction, forfeit and pay to the common schools the whole interest agreed upon. Wills. T'iHE must be in writing, signed by the testator, or by some person in his presence and at his request, and attested by two competent witnesses, who shall subscribe their names as witnesses in the presence of the testator. Wills must be recorded within thirty days after probate. If lands in different cours ees are devised, a copy of the will shall be'eco:ded in the recosdi's's ffice i. em eamty, within six mEonth: after probate

EPE1IAL LAWS OF IOWA. 31. IOWA. Conlstituton adopted, 1846.-Square Miles, 50,914.-Population in 1850, 192,264, Exemptions. DEFENDANTS in execution, if he, she, or they, have faami lies, may claim as exempt fiom execution the following property, to wit: One bible; one cow and calf; one horse, - or yoke of cattle; twelve sheep, and the wool shorn from /f them; five head of hogs, and all pigs under six months old P^ —-^^/?^ anall the flax in the possession of the family, and the yarn or thread manufactured therefrom; one bedstead and the necessary bedding therefor, for every two in the family; the cloth manufactured by the family, not exceeding one huni,:=is_ _ A Jft ~, dred yards; household and kitchen furniture, not exceeding in value fifty dollars; one stove and pipe; all spinning-.. wheels and looms put up and kept for use; all farming utensils not exceeding in value fifty dollars; the necessary food for all animals exempt from execution; four months' provision for the family, and fuel for sixty days; the surgical instruments and medical library of every practising physician, and the library of every practising lawyer or counsellor; all private libraries not exceeding one hundred dollars in value, and all family portraits; all mechanics' tools necessary in their peculiar calling; the astronomical and mathematical instruments'of every teacher or schoolmaster, and the instruments of every practical surgeon, in their profession: and all property exempt from execution is exempt from attachment or other process of law. In addition to the above, it is lawful for the defendant to claim as exempt from process founded upon contracts made after the passage of the act, fifty head of sheep and the wool shorn therefrom. iHomestead-Exemption Law. ANY quantity of land, not exceeding forty acres, used for agricultural purposes, the dwelling-house thereon, and the appurtenances, not included in any town plat, or city, or village, or instead thereof not exceeding one fourth of an acre, being within a re. corded town plat, city, or village, the dwelling-house thereon and the appurtenances, owned and occupied by any resident of the state, is exempt from forced sale on execution or any other final process from any court, for any debt or liability contracted after the fourth day of July, one thousand eight hundred and forty-nine: provided that such exempted homestead or town-lot and dwelling-house thereon shall in no case exceed in value five hundred dollars. This exemption is not to affect any laborer's or mechanic's lien, or mortgage lawfully obtained. Defendant must notify the officer of what he regards as his homestead. Mechanics' Lien. CONTRACTORS to build or repair a house or other building, mill, or machinery, or their appurtenances, or for furnishing labor or materials for such purposes, and every other person furnishing materials used in their construction, by agreement with the owner of. any tract of land or town-lot, or the lessee of either with the owner's knowledge or consent, have a lien upon the house, &c., and the tract of land or lot on which the same is erected, in proportion to the labor or materials furnished, which can not be avoided, or sold so as to avoid said lien, unless upon judgment rendered before such house, &c., was commenced. Suit must be brought within one year from the time of payment fixed by the contract upon which the lien is claimed, or within six months after the decision of any suit brought within that time; and if brought in the district court, must be by bill or petition, describing with common certainty the tract of land, house, &c., upon which the lien is intended to operate, the nature of the contract or indebtedness, with a bill of particulars, which together are to be filed in lieu of a declaration. The execution upon a judgment in a suit of this nature must be levied upon the property specified, and no other property of defendant is bound for the payment of such judgment. Misners have-a lien, by this act, upon a sufiicient quantity of mineral to pay any just demand for labor performed upon it.

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rf4 $-PE~WI AL LA 8 A A O L70 t, Chattel M~ortgagaes BILLS of sale, or other conveyances of personal property,- where the -vender re,ahzs t^u actual possession of the property so conveyed, are not valid in' law against creditors o:subsequent purchasers, unless acknvowledged before some justice of the peace for the county where the sa me is executed, and recorded in the office of the recorder of deeds (who keeps a separate boofk for this purpose) within ten- days, in the county where th3 Tholder of the property resides. __ Law regulatin Contractsa ALL interests or estates in lands and hereditaments, made or created by livery and seisin only, or by parol, and not pat in writiung, sihal' have the force and effect of leases or estates at will only, excepting leases for a ternm not exceeding three years, upon at yearly' reserved rent equal to two thirds of what the preunises are really worth: ancd no estate in lands or hereditaments is assignable, except in writing, or by act and operation of law. No action shall be brotight wfiereby to charg'e any executor or administrator, or upon any special promise, to answer damaaes olt of his ownv estate; or whereby to charge the defendant upon any special promise to answer for the debt, default, or -miscarriage, of any other person; or to charge any personupon any agreement in consideration of mar" riage; or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them; or upon any agreement which is not to be performed within one year frotm the makring thereof, unless the agreement upon wvhich such action shall. be brought, or some note or nmeanolr andum thereof, shall be in writinng, and signed by the party to be charged thereby, oi' some person by him thereunto lawfilly authorized; Declarations or creations of trust in lands ai-d hereditaments must be in writing, signed by the party, or by his last will. Trusts arisMig by implicaion of law are exeimpp firom the operation of the act. Judgments in the district or suprenme courts are liens upon the real estates of the parties against whom they may be rendered friolm the day of rendition thereof in the county within whlch such jidgnments may be rendered. Attested copies of such judgements, filed with the clerk of th'e Cistrict court of any other county, recorded, and entered upon the judgmnent docket of said county also, are made liens upon the estates of defendants therein situate, but no execution can issue upon such attested copy. No contract for the sale of any goods, wares, or smerchandise, for the price of thirty dollars or upFavard, shall be binding, except tihe buyer acpt t part of the goods so sold, and actually receive the same, or give something in earnest, or in part payment, or thai some note or nuemorandum in writing of said bargain, be nmade and signed by the pa?ties to be charged thereby, or their agents thereinto lawfirlly authorized. Linitation of &Actions, ALL actions of trespass, detinue, trover, and replevin, for taking away goods, &ce.; actions for arrearages of rent due on parol denmioe; actions of account and upon thu' ease, except for slander and malicious proscsa-tion, and such actions as concern the trade of merchandise between nmerchant and mnerchant, their factors or agents, must be coinmeneced within five years afte'r the ca-seo iof actio n accrues. Actions of trespass fbr assault asad battery, wounding, and imprisonment, must be commenced within two years. Actions on the case for slanderous words must be commsuenced within one year after athe words spoken,, and actions for malicious prosecution within two years after the cause of actionl accrues. Actionls of debt or covenant for rent or arrearages of rents founded upon lease, of debt upon any single or penal bill, promissory note, or writing, obligatory for the direct payment of nmoaney or the delivery of property, or the performance of covenants, or upon the award of arbitrators for the payment of money only, and every action of assumpsit, must be commenced within six yeais after cause of action accrues, or after any partial payment may have been made. Judgment of any court of record may be revived by scire faclas, or an action of debt may be brought within twenty years. The right of entry into any lands, tenements, or hereditaments, is barred after twenty years ifrom the accruing of the right. Every real, possessory, ancestral, or mixed action, or writ of right, or action of ejectment, must be brought within twenty years after the right or title accrued, buat in case of disability thein within twenty years after the disability is removed. If the person or persons against whom any of the foregoing actions, except real or possessory actions, are brought, shall be absent from the state at the time the cause of action accrued, or at any timne during which said action might have been brought, such pe.riod of absence shall not be accounted part of the time lisnited by the act. The plain, tiff, in certain cases, may bring a new suit within one year after judgmemnt is reverted sr given against hi.o

sPPCIAL LAWS OF 10WA, 325 Collection of Debts. AttnisT.-The person of a debtor can not be taken in execution upon any civil contraec ATTACHMENT.-When any action founded on contract is commenced or is about to be commenced, writ of attachment may be issued by the clerk of the district court, upon an affidavit that. something is due the plaintiff from the defendant; that afliant believes the defendant is a non-resident, or that he is about to dispose of or remove his property, with intent to defraud his creditors; or that he has absconded, so that ordinary process can not be served upon him. Such writ may be levied upon any lands, tenements, goods, chattels, rights, credits, moneys, or effects, of said debtor, which may be found in the county, or so much thereof as may be sufficient to pay the debt, together with interests and costs of suit. Deeds. EVERY instrument of writing conveying any real estate, or whereby any real estate may be affected in law or equity, must be proved and acknowledged, and recorded in the office of the recorder of the county in which such real estate is situate. Such recording is notice to all the world, and no such instrument is valid except between the parties thereto, until deposited with the recorder for record. Deeds and conveyances may be acknowledged before any court having a seal, justice or clerk thereof, a justice of the peace, or notary public. If before a justice of the peace in a county different from that in which the property is situate, it must be accompanied by the certificate of the clerk of the district court of the county, that the justice was, at the time of taking said acknowledgment, an acting justice of the peace for such county. The certificate of acknowledgment must state that the person making such acknowledgment was personally known to the officer to be the same whose name is subscribed to the instrument as party thereto, or was proved to be such by at least one witness, whoes name must be inserted. The certificate of acknowledgment of a married woman must state that she was personally known to the officer taking the same, to be the person whose name is subscribed to such conveyance; that she was made acquainted with the contents of such conveyance, and acknowledged on examination, apart from her husband, that she executed the same, and relinquished her dower in the real estate therein mentioned, freely and without compulsion or undue influence of her husband. (The form of acknowledgment is the same as in lMssoURI, page 320.) Rights of Married Women. ANY married woman may become seized or possessed of any real estate by descent, bequest, demise, gift, purchase, or distribution, in her own name, and as of her own property, provided that the same does not come from her husband, and is not purchased with the funds or property of the husband during coverture. Property so held by any married woman is in no case liable for the debts of her husband. The control and management of such estate, the annual products, and rents and profits of the same, remain to the husband. Suits in relation to the property must be in the joint name of the husband and wife. Such real estate may be conveyed by the joint deed of the husband and wife, executed, proved, acknowledged, and recorded, as above. DowER. —The common-law right of dower exists in this state. Rate of Interest. THE legal rate of interest, when no other is agreed upon, and upon all judgments, t1 six per cent.; but parties may agree upon any rate not exceeding ten per cent. Illegal interest may be recovered by the proper suit. Vills. ALL wills, except nuncupative, must be in writing, signed by the testator, or by some person in his presence and by his express direction, and attested and subscribed in his presence by two or more competent witnesses. Subsequent incompetency of the witn ness will not invalidate the will. Nuncupative wills, proved by two competent witnesses, when the value of the estate does not exceed three hundred dollars, are valid. Soldiers being in actual service, and mariners being at sea, amay dispose of their wages and other personal property by amulcupative will. 28

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328 SPECIAL LAWS OF WISCONSIo. WISCONSIN. Constitition adopted, 1W48.-Square Miles, 53,924.-Population in 1850, 304,121. Exemptions. No property hereinafter mentioned or represented shall be liable to attachment, execution, or sale, on any final process issued from any court of this state:1. The family Bible. 2. Family pictures, schoolbooks, or library. 3. A seat or pew in any house or place of public worship. 4. The rites of burial of the dead. 5. All wearing-apparel of the debtor and his family; all beds, bedsteads, and bedding, kept and used for the debtor and his family; all stoves and appendages put up or kept for the. use of the debtor and his family; all cooking-utensils, and all other household furniture not herein enumerated, not exceeding two hundred dollars in value. 6. Two cows, ten swine, one yoke of oxen, and one horse; or, in lieu of one yoke of oxen and a horse, a span of horses; ten sheep, and the wool from the same, either in the raw material or manufactured into yarn or cloth; the necessary food for all the stock mentioned in this section for one year's support, either provided or growing, or both, as the debtor may choose; also one wagon, cart, or dray; one sleigh, one plough, one drag, and other farming utensils, including tackle for teams, not exceeding fifty dollars in value. 7. The provisions for the debtor and his family necessary for one year's support, either provided or growing, or both, and fuel necessary for one year. 8. The tools and implements, or stock in trade, of any mechanic, miner, or other person, used and kept for the purpose of carrying on his trade or business, not exceeding two hundred dollars in value; the library and implements of any professional man, not exceeding two hundred dollars in value: all of which articles, hereinbefore intended to be exempt, shall be chosen by the debtor, his agent, servant, clerk, or legal representatives, as the case may be. Homestead-sixemption Law. A iOMESTEAB, consisting of any quantity of land not exceeding forty acres, used for agricultural purposes, and the dwelling-house thereon and its appurtenances, to be selected by the owner thereof, and not included in any town-plot, or city, or village; or instead thereof, at the option of the owner, a quantity of land not exceeding in amount one fourth of an acre, being within a recorded town-plot, or city, or village, and the dwelling-house thereof and its appurtejnances, owned and occupied by any resident of the state, shall not be subject to forced sale on execution, or any other final process from a court, for any debt or liability contracted after the first day of January, one thousand eight hundred and forty-nine. Such exemption shall not affect any laborers' or mechanics' lien, or extend to any mortgage thereon lawfully obtained; but such mortgage or other alienation of such land by the owner thereof, if a married man, shall not be valid without the signature of the wife to the same.

SPECIAL LAWS OF WISCONSIN. 329 Any person owning and occupying any dwelling-house on land not his own, which land he shall be rightfully in possession of by lease or otherwise, and claiming such house as his homestead, shall be entitled to the exemption of such house. Mlechanics' Lien. ALL and every dwelling-house hereafter constructed and erected in the state of Wisconsin, with the right, title, and interest of the person or persons owning such dwelling-house or other buildings in and to the land upon which the same shall be situated, not exceeding forty acres; or if erected within the limits of any city, town, or village plot, the lot on which such dwelling-house or other building shall be situated, not exceeding in extent one acre, shall be subject to the payment of the debts contracted for or by reason of any work done, or materials found and provided, by any brickmaker, bricklayer, stonecutter, mason, lime. merchant, carpenter, painter and glazier, ironmonger, plasterer, and lumber-merchant, or any other persons employed in erecting or furnishing materials for and in the erection and construction of such house or other building, before any other lien which originated subsequent to the commencement of such house or other building. Sub-contractors must give notice to the owner within thirty days after the work Is done or materials furnished to the owner, or be debarred from their lien. Lien to continue only one year. Chattel Mortgages. No mortgage of personal property hereafter made shall be valid against any other person than the parties thereto, unless possession of the mortgaged property be delivered to and retained by the mortgagee, or unless the mortgage be filed in the office of the town-clerk where the mortgager resides; or, in case he foes not reside in the state, in the town where the property mortgaged may be Lt the time of executing the same. Law regulating Contracts. IN the fallowing cases, every agreement shall be void, unless such agreement, or some note or memorandum thereof; expressing the consideration, be in writing, and subscribed by the party charged therewith:1. Every agreement that by the terms is not to be performed within one year from the making thereof. 2. Every special promise to answer for the debt, default, or miscarriage, of another person. 3. Every agreement, promise, or undertaking, made upon consideration of marriage, except mutual promises to marry. Every contract for the sale of any goods, chattels, or things in action, for the price of fifty dollars or more, shall be void, unless1. A note or memorandum of such contrtact be made in writing, and be subscribed by the parties to be charged therewith. 2. Unless the buyer shall accept and receive part of such goods, or the evidences, or some of them, of such things in action. 3. Unless the buyer shall, at the time, pay some part of the purchase-money. 28y

330 PTECIAL LAWS OP WISCONSINo Limitation of Actions. ACTIONS for the recovery of lands must be brought within twenty years after the cause of action accrued. Infants, persons insane, imprisoned, and married women, have ten years after the removal of their disability. The following actions shall be commenced within six years next after the cause of action shall accrue, and not afterward:1. All actions of debt founded upon any contract or liability not under seal, except such as are brought upon the judgment or decree of some court of record of the United States, or of any state or territory of the United States. 2. All actions upon judgments rendered in any court not being a court of record. 3. All actions for arrears of rent. 4. All actions of assumpsit, or on the case, founded on any contract or liability, express or implied. 5. All actions for waste and for trespass on land. 6. All actions of replevin, and all other actions for taking, detaining, or injuring, goods or chattels. 7. All other actions on the case, except actions for slanderous words and libels. All actions for assault and battery, and for false imprisonment, and all actions for slanderous words and for libels, shall be commenced within two years. None of the foregoing provisions shall apply to any action brought upon a promissory note which is signed in the presence of an attesting witness, provided the action be brought by the original payee, or by his executor or administrator: nor to an action brought upon any bills, notes, or other evidences of debt, issued by any bank. In all actions brought to recoiver the balance due upon a mutual and open ac. count current, the cause of action shall be deemed to have accrued at the time of the last item proved in such account. It shall be lawful for any person against whom any action shall be commenced in any court of this state, when the cause of action accrued without the state, upon a contract or agreement, express or implied, more than six years before the commencement of the action, or upon any sealed or attested instrument in writing, a judgment or decree of any court more than ten years before the commencement of the action, to plead the same, and give the same in bar of the plaintiff's right of action. All personal actions on any contract not limited by the foregoing or by any other law of this state, shall be brought within twenty years after the accruing of the cause of action. Persons under age, insane, imprisoned, or absent from the United States, and married women, may have the same periods respectively after the removal of their disability. Collection of Debts. ATTACHMENT.-An attachment may issue against the property of a debtor when the plaintiff, or some one on his behalf, shall make an affidavit, stating that the defendant is indebted to the plaintiff, and specifying the amount of such debt over and above all set-offs, and that the same is due on contract, express or implied, or upon judgment or decree; and containing, further, a statement that the deponent knows or has good reason to believe, either1. That the defendant has absconded or is about to abscond from this state, or that he is concealed therein, to the injury of his creditors; or2. That the defendant has'assigned, disposed of, or concealed, or'is about to assign, dispose of, or conceal, any of his property, with intent to defraud his creditors; or3. That the defendant has removed or is about to remove any of his property out of this state, with intent to defraud his creditors; or4. That he fraudulently contracted the debt or incurred the obligation respect. ing which the suit is brought; or5. That the defendant is not a resident of this state; or6. Thait the defendant is a foreign corporation; or7. That the defendant has fraudulently conveyed or disposed of his property,

SPECIAL LAWS OF WISCONSIN. 331 or a part of it, or is about fraudulently to convey or dispose of the same, or a part of it, with intent to defraud his creditors. ARREST.-NO person shall be imprisoned for debt arising out of or founded on a contract, express or implied. Deeds. CONVEYANCES of lands, or of any estate, or interest therein, may be by deed, signed and sealed by the person from whom the estate or interest is intended to pass, being of lawful age, or by his lawful agent or attorney, and acknowledged or proved and recorded as directed (below), without any other act or ceremony whatever. Deeds executed within this state of lands or any interest therein, shall be executed in the presence of two witnesses, who shall subscribe their names to the same as such; and the persons executing such deeds may acknowledge the execution thereof before any judge or commissioner of a court of record, or before any notary public or justice of the peace within the state; and the officer taking such acknowledgment shall endorse thereon a certificate of the acknowledgment thereof, and the true date of making the same, under his hand. If executed in any other state, territory, or district of the United States, such deed may be executed according to the laws of such state, territory, or district; and the execution thereof acknowledged before any judge of a court of record, notary public, justice of the peace, master in chancery, or other officer authorized by the laws of such state, territory, or district, to take the acknowledgment of deeds therein, or before any commissioner appointed by the governor of this state for such purpose. In the cases provided for in the last preceding section, unless the acknowledgment be taken before a commissioner appointed by the governor of this state for that purpose, such deed shall have attached thereto a certificate of the clerk or other proper certifying officer of a court of record of the county or district within which such acknowledgment was taken, under the seal of his office, that the person whose name is subscribed to the certificate of acknowledgment, was, at the date thereof, such officer as he is therein represented to be; that he believes the signature of such person subscribed thereto to be genuine; and that the deed is executed and acknowledged according to the laws of such state, territory, or district. If in a foreign country, then before a notary public, or minister plenipotentiary, or minister resident, or consul, appointed to reside therein. When any married woman residing in this state, shall join with her husband in any deed of conveyance of or relating to real estate, situate within this state, or when she alone without joining with her husband, shall execute a release of dower, her acknowledgment or the proof of the execution of such deed, conveyance, or release, may be taken and certified the same as if she were sole, and if so taken and certified shall entitle such deed, conveyance, or release, to be recorded. Form of Acknowledgment, State of Wisconsin, County of Dodge, ss. Be it remembered, that on this tenth day of March, one thousand eight hundred andjifty-one, before me, JOHN JONES, a notary public, in and for said county, personally appeared JOHN DOE and SUSAN his uwife, to me known to be the persons described in and who executed the foregoing deed, and severally acknowledged that they executed the same. (Seal.) JOHN JONES, Notary Public.

332 3PEA SPECIAL LAWS.OP WISCONSIN. Deeds must be recorded in the office of the register of deeds of the county where the lands lie. A scroll or device, used as a seal, shall have the same effect as a seal; but this does not apply to official seals. Rights of Married Women. THE widow shall be entitled to dower of one third of all the lands whereof her husband was seized of an estate of inheritance at any time during the marriage, unless she is lawfully barred. Rate of Interest. ANY rate of interest, not exceeding twelve per cent., agreed upon by the parties in contract, specifying the same in writing, is legal and valid; if more be taken the whole debt is forfeited. When no rate of interest is agreed upon or specified in a note or other contract seven per cent. per annum shall be the legal rate. W ills. WILLS must be in writing, and signed by the testator, or by some person in his presence and by his express direction, and attested and subscribed in the pres. ence of the testator by two or more competent witnesses.

SPECIAL LAWS OF CALIFORNIA, 31 CALIFORNIA. Constitution adopted 1849.-Square Miles, 188,981.-Population in 1849, 125,000. Mechanics' Lien..______ ___ SALL master-builders, mechanics, lumber-merchants, and all other persons performing labor or furnishing materials for / —~ -- H 7g, the construction or repair of any building or wharf, shall have a lien, separately or jointly, upon the building or build-' -~-' --— /'t ings, or wharf, which they may have constructed or repaired, or for which they may have furnished materials of any de-.scription, to the extent of the labor done or materials furnished, or for both. Any such contractor, journeyman, or laborer, who may be employed in the construction or repairing of any building or wharf, or in furnishing any materials for the same, may give to the owner or owners of the building or buildIngs, or wharf, on which he may have worked, or for the construction of which he may have furnished materials, notice in writing, particularly setting forth the amount of his claim, and the service rendered, for which his employer is indebted to him, and that he holds said owner or owners responsible for the same; and the owner is hereby made liable for the amount so claimed, if indebted to the employer to the amount; if not, then to the amount due from him to said employer at the time such notice was served. When any such contractor, journeyman, or laborer, shall have given the notice prescribed in the preceding section,'he shall present to his employer a copy of such notice for his endorsement. If such employer endorse thereon that the claim is correct, the owner or other person liable shall pay the same, if indebted to the employer in the amount; if not, then the amount due from him to said employer at the time the notice tas served. If he fail or refuse so to pay, such sub-contractor, journeyman, or laborer, shall, within thirty days after the service of the notice, commence an action in the proper court to enforce his lien. If, by the terms of the contract between the owner atnd the contractor, the money be payable at some future day, such sub-contractor, journeyman, or laborer, may file the copy of the notice, with the endorsement thereon, in the recorder's ofice of the county in which the building or wharf is situated; and shall have thirty days after the money becomes due in which to commence his action, If he fail to commence his action as prescribed in this section, his lien shall be lost. If the employer fail or refuse to make the endorsement required by th e preceding section, such sub-contractor, journeyman, or laborer, shall lose his lien for the amount Claimed, unless he shall, within thirty days after the service of the notice, commence in action in the proper court against his employer to establish the amount of the claim. If he obtain judgment against his employer, he shall lose his lien for the air cunt thereof, anless, within thirty days thereafter, he shall commence an action against the owner for the amount established by the judgment, if the money be then due from the owner to the contractor; if not, then he shall file in the recorder's office of the county in which the building or wharf is situated, a notice of said claim and judgment; and shall commence his action against the owner within thirty days after the money is due from the owner to the contractor. The owner or other person made liable, as aforesaid, for the amount admitted to be due, or established by judgment, may set off the same in any action brought against him by the contractor or person otherwise entitled to recover the same, under the contract. The land upon which any building shall be erected, together with the space around the same, not exceeding five hundred square feet, clear of the building, shall also be subject to the above lien, if the said land shall have been at the time of the erecting of the building the property of the person or persons, corporation or association, contracting for the erection or repair of the same. Any person wishing to avail himself of the provisions of the first section of this act, whether his claim be due or not, shall file in the recorder's office of the county in which the building or wharf is situated, at any time before the expiration of sixty days after the completion of the building or repairs, notice of his intention to hold a lien upon the

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336 SPECIAL LAWS OF CALIFORNIA. property declared by this act liable to such lien, for the amount due, or to become due to him, specifically setting forth the amount claimed; upon his failure to do so, the lien shall be lost. No such lien shall bind any building or wharf for a longer time than one year after the work is done, or the materials have been furnished, unless suit be brought in a proper court to enforce the same within that time, or if a credit be given, within one year from the expiration of the credit; but no lien shall be continued in force for a longer term than two years from the time the work is completed, or the materials furnished, by any agreement to give credit The lien for work or materials, given by this act, shall be preferred to every other lien or incumbrance which attached upon the property subsequent to the time at which the work was commenced or the materials were furnished. Any mechanic or artisan who shall make, alter, or repair, any article of personal property, at the request of the owner or legal possessor of such property, shall have a lien on such property so made, altered, or repaired, for his just and reasonable charges, for his work done and materials furnished; and may hold an'd retain the possession of the same until such just and reasonable charges shall be paid; and if not paid for within the space of two months after the work shall have been done, such mechanic or artisan may proceed to sell the property by him so made, altered, or repaired, at public auction, by giving three weeks' public notice of such sale, by advertisement, in some newspaper published in the county in which the work may be done; or if there be no such newspaper, then by posting up notices of such sale in three of the most public places in the town where such work was done; and the proceeds of said sale shall be applied, first, to the discharge of such lien, and the costs and expenses of keeping and selling such property, and the remainder, if any, shall be paid over to the owner thereof. LIEN ON VESSELS. Every boat and vessel used in navigating the waters of this state shall be liable1. For all debts contracted by the master, owner, agent, or consignee thereof, on account of supplies furnished for the use of such boat or vessel; on account of work done or services rendered on board of such boat or vessel; on account of labor done or materials furnished by mechanics, tradesmen, or others, in and for the building, repairing, and fitting out, furnishing or equipping such boat or vessel. 2. For all sums due for the wharfage or anchorage of such boat or vessel within the state.. 3. For demands or damages accruing from the non-performance or mal-performance of any contract touching the transportation of persons or property, entered into by the master, owner, agent, or consignee, of the boat or vessel on which such contract is to be performed; and4. For all injuries done to persons or property by such boat or vessel: provided the wages of mariners, boatmen, and others, employed in the service of such boats and vessels, shall have the preference, and be first paid. Any person having a demand as aforesaid, instead of proceeding for a recovery thereof against the master, agent, owner, or consignee, of a boat or vessel, may, at his option, Institute suit against such boat or vessel by name. All actions against a boat or vessel, under the provisions of this act, shall be commenced and sued within fifteen days after the cause of such action shall have accrued. Chattel Mortgages. No mortgage of personal property hereafter made shall be valid against any other persons than the parties thereto, unless possession of the mortgaged property be delivered to and retained by the mortgagee. Law regulating Contracts. sN the following cases, every agreement shall be void, unless such agreement, or some note or memorandum thereof, expressing the consideration, be in writing, and subscribed by the party charged therewith: — 1. Every agreement that by the terms is not to be performed within one year from the making thereof.

SPECIAL LAWS OF CALIFORNIA. ~37 2. Every.plecial promise to answer for the debt, del-ault, or miscarsriage, of another.;3. Every agreement, pronmise, or undertaking, made upon consideration of marriage, sexcept mutual promises to marry. Every contract for the ae o'i any goods, chattels, or things in -action, for the price,of two hunldred dollars or over, shall be void, uunless1. A note or memorandum of such contract be made in writing, and be subscribed by the parties to be charged therewi.th- or2. Unless the buyer shall accept or receive spart'of such goods, or tle evidences, or some of themi, of s.uch things ini action; or3. Unless the buyer shall at the time pay some part of the purchase-money. Whenever any goods shall be sold at auction, and the auctioneer shall, at the time of sale, enter in a sale-book, a nieemorandum, specifying the nature and price of the prop-;erty sold, the termiss of the sale, the lstrnie of the purchaser, an)d the n ame of the person on whose account the sale is miade, such menorandum shall be deemed a note of the contract of sale wsithin the meanin- of the last section. No estate or interest in lands, other than for leases for a term not exceeding one year, nor any trust or power over or concerning landcs, or in any manner relating tihereto, shall hereafiter be created, grateded, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing, subscribed by the party creabting, granting, assicgin-g, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writingti. Every instrument required by any of the provisions of this act to be subscribed by a.ny party, may be subscribed by the hawful agent of such party. Lsm&tataion of Actions..No action for the recovery of real property, or for the recovery of the possession fhereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grautor, was saized or possessed oi the premises insquestion, withfin five years before the coiinmescement of such action. No cause of action, or defence to an action founded upon the title to real property, or to rents or services out of the same, shall be effectual, unless it appear that the persoM prosecuting the action, or snaking the defence, or under wicose title the action is prosecuted, or thie defene is madse, or the ancestor, predecessor, or grantor of suchaperson, was seized or possessed of the premises in question, within five years before the comYnenceenent of tute act in respect to which-souch action is prosecuted or defence made. No entry upon real estate shall be deemned sufficient or valid as a claim, unless an action be commenced thereupon within one year after making such entry, and within five years fiom the timee when the right to make such entry descended or accrued. If a perssnc enitled to commence any action for the recovery of real property, or to iiiake ian entry or defence, founded on the title to real property, or to rents or services out of the same, be, at the time such title shall first descend or accrue, either1. Within the age of twenty-one years; or2I. Insane; or3. Ismprisoned on a crinih]al charge, or in execution upon conviction of a criminal oftence, for a ter less than for life; or4. A married womanThe time during wh;ich such disability shall continue shall not be deemed any portion of the time in this act limited for the commencement of such action, or the making of such entry or defence; but such action mslay be commenced, or entry or defence made, within the period of five years after such disability shall cease, or after the death of the person entitled, who slall die. under such disability: but such action shall not be commenced, or entry or defence made, after that period. Actions, other than those for the recovery of real property, can only be commenced as follows -- Within iive years: an action upon a judgment or decree of any court of the United States, or of any state or territory within the United States. Within feur years-: an uaction upon any contract, obligation, or liability, founded upon ian instrument of writing, except those mentioned in the preceding section. Within three years: 1. An action upon a liability created by statute, other e-lan a' penaltv or forfeiture. 2. An action for trespass upon real property. 3 An action for taking, detaining, or injuring, any goods or chattels, including actions for the specific recovery of personal property. 4. An action for relief on the ground of fraud, the cause of actione in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud. 29

33S8.SPECIALB LAWS OF CALIFORNIA. Within two years: 1. An action upon a contract, obligation, or liability, not iowsias upon an instrument of writing, except an action on an open account, for goods, wares, and merchandise, and an action obr any article charged in a store account. 2. An action against a sheriff, coroner, or constable, upon the liability incurred by the doing of anl alc in his official capacity, and in virtue of his office, or by the omission of an official duty, including the non-payment of money collected upon an execution. But this section shall not apply to an action for an escape. Within one year: 1. An action upon a statute for a penalty or forfeiture, where the action is given to an individual, or to an individual and the state, except where the statute imposing it prescribes a different limitation. 2. An action for libel, slander. assault, battery, or false imprisonment. 3. An action upon a statute for a forfeiture or penalty to the people of thi's state. 4, An action against a sheriff or other officer for the escape of a. prisoner, arrested or imprisoned on civil process. 5'. An action on an open account, for goods, wares, and merchandise, sold and delivered. 6. An action for any article charged'm a store account. In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued fiom the time of the last item proved in the account on either side. If a person, entitled to bring an action mentioned in the last preceding chapter, exeept for a penalty or forfeiture, or against a sheriff or other officer for an escape, be, at the time the cause of action accrued, eithe —first, within the age of twventy-one years or, second, insane; or, third, imprisoned on a crinminal charge, or in execution under the sentence of a criminal court, for a term less than his natural life; or, fourth, a married woman: the time. of such disability shall not be a part of the time limited for the' commencement of the action. When a person shall be an alien subject, or citizens of a country at war with the United States, the time of the continuance of the war shall not be part of the period limited for the commencement of the action. No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation" of this statute, unless the samsabe contained in some writing, signed by the party to be charged thereby. Collection of Debts. ARREST.-NO person shall be arrested in a civil action except as prescribed by thiaf act; but this provision shall not apply to proceedings for contempt. The defendant may be arrested in the following cases:1. In an action for money received, or property embezzled or fraudulently misapplied, by a public officer, or by an attorney or counsellor, or by an officer or agent of a corporation, in the course of his employment as such, or by any factor, agent, broker, or other person in a fiduciary capacity. 2. When the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought, or in concealing or disposing of the property for the taking, detention, or conversion of which, the action is brought. 3. When the defendant has removed or disposed of his propelty, or is about to do so/ with intent to defraud his creditors. But no female shall be arrested in any action. ATTACHMENT.-Any creditor shall be entitled to proceed, by attachment in the district court, against the property of his debtor, in the manner provided in this act. Before any writ of attachment shall be issued, the plaintift, his agent or attorney, shall: take and subscribe an affidavit in writing that the defendant is indebted to the plaintiff in the sum of two hundred dollars or over, specifyiTng the amount of such indebtedness as near as may be, over and above all legal set-of's, and that the sum is due upon con" tract, express or implied, and that the deponent knows, or has good reason to believe, either1. That the defendant has absconded, or is about to abscond from this state, or that he is concealed therein, to the injury of his creditors; or2. That the defendaat has removed or is about to remove any of his property out of this state, with intent to defraud his creditors; or3.'"hat he fraudulently contracted the debt, or incurred the obligation, respecting which the suit is brought; or4. That the defendant is a non-resident of the state; or5. That the defendant has fraudulently conveyed, disposed of, or concealed his prop erty, or a part of it, or is about fraudulently to convey, dispose ok or conceal the same, or a part of it, with intent to defraud his creditors.

SPECIAL LAWS OF CALIFORNIA. 339 No writ of attachment shall be issued under the provisions of this act in the district court, unless the amount stated in such oath or affidavit as due to the plaintiff; over and above legal set-offs, shall exceed the sum of two hundred dollars. At the time of tiling the affidavit, and before the issuance of any writ of attachment, the plaintiff, or some responsible person in his behalf, shall execute a bond with sufficient surety, in a sum at least double the aunont of the demand sworn to, payable to the defendant, and conditioned that the plaintiff shall pay to the defendant all damages that he may incur, by reason of the wrongful suing out of the writ of attachment. Attachment may issue, although the debt-or demand of the plaintiff be not due, when it is shown by the affidavit1. That the defendant is about to abscond from the state, or that he is concealed therein, to the injury of his creditors; or2. That the defendant is about to remove any of his property out of the state, or that he is about fraudulently to convey, dispose of, or conceal the same, with intent to defraud his creditors: In this case no judgment shall be rendered until the debt becomes due, but the attach. ment shall give a lien as in other cases. Deeds. CONVEYANCES of lands, or of any estate or interest therein, may be made by deed, signed by the person friom whom the estate or interest is intended to pass, being of law ful age, or by his lawful agent or attorney, and acknowledged or proved and recorded as hereinafter directed. A husband and wife may, by their joint deed, convey the real estate of the wife in like manner as she might do by her separate deed if she were unmarried. Every conveyance in writing, whereby any real estate is conveyed or may be affected, shall be acknowledged, or proved and certified, in the manner hereinafter provided. The proof or acknowledgment of every conveyance affecting any real estate shall be taken by some one of the following officers:1. If acknowledged or proved within this state, by some judge or clerk of a court having a seal, or some notary public, or justice of the peace, of the proper county. 2. If acknowledged or proved without this state, and within the United States, by some judge or clerk of any court of the United States, or of any state or territory having a seal, or by any commissioner appoinlted by the government of this state for that purpose. 3. If acknowledged or proved wvithout the United States, by some judge or clerk of any court of any state, kingdom, or empire, having a seal, or by any notary public therein, or by any minister, commissioner, or consul of the United States, appointed to reside therein. Every officer that shall take the proof or acknowledgment of any conveyance affect ing any real estate, shall grant a certificate thereof; and cause such certificate to be endorsed or annexed to such conveyance. Such certificate shall be1. When granted by any judge or clerk, under the hand of such judge or clerk, and the seal of the court. 2. When granted by an officer who has a seal of office, under the hand and official seal of such officer. No acknowledgment of any conveyance whereby any real estate is conveyed or may be affected, shall be taken, unless the person offering to make such acknowledgment shall be personally known to the officer taking the same, to be the person whose name is subscribed to such conveyance as a party thereto, or shall be proved to be such by the oath or affirmation of a credible witness. The certificate of such acknowledgment shall state the fact of acknowledgment, and that the person making the same was personally known to the officer granting the certificate to be the person whose name is subscribed to the conveyance as a party thereto, or was proved to be such by the oath or arfirmation of a credible witness, whose name shall be inserted in the certificate. Such certificate shall be substantially in the following form, to wit:Farms of Acknowledgment. State of California, County of Sutter, s On this thirtieth day of Decemnber, A. D. one thousand eight hundred and fifty, person ally appeared before me, JotaN JONES, a notary public [or judge, or o.icer, as the case

340 SPECIAL LAWS OF CALIFORNIA. may be] in and for the said county, JOT-IN DOE and SUSAN his wife, known to me to be the persons described in and who executed the folregoing in7st7rurmelt, who acknowledged to me that they executed the same freely and volntarily, and for the uses asd lurposes therein mentioned; aend the said SUSAN, having been by me Jirst made acqainalted with the contyents of such conveyqance. acknowledged, on an ezamization by me had apart front aria without the hearig of he(r husband; that she xecuted the sane freely eand voluntarily, without fear, or compulsion, or undue injience, of her husban7d, and that she does not wish to retract the execution of the sane. JOtN JONES, Notary Public. When the grantor is unknown to the conut or officer taling the acknowl edlgment, the certificate may be in the following fonrm, to wit: State of California, County of Sacra nmento: On this tenth day of December, A. D. one thousand eight hunided and Jirty, personally appeared before me, JOHN JONES, a notary p'ublic tor judge, 0or ofticer, as the caso may be] in and for the said county, JOHN Doe, satisf1atorily proved to me to be the person described in, and who executed the within cozveyaznce, by the oath of JlolSMITH, a competent and credible witless for that purpose, by me dutly sworln; and he, the said JOHN DOE, acknowledged that he executed the same freely and voluntarily, for the uses and purposes therein mentioned. JOItHN JONES, Notary Public. Rigshts of Mlarried "Women. ALL property, both real and personal, of the wife, owned by her before marriage, and that acquired afterward by gift, bequest, devise, or descent, shall be her separate property; and all property, both real and personal, owned by fte husband before mar. riage, and that acquired by him afterward by gift, bequest, devise, or descent, shall be his separate property. All property acquired after the marriage by either husband or wife, except such as may be acquired by gift, bequest, devise, or descent, shall be common property. A full and complete inventory of the separate property of the wife shall be made out and signed by the wife, acknowledged or proved in the manner required by law for the acknowledgment or proof of a conveyance of land, and recorded in the, office of the recordsr of the county in which the parties reside. If there be included in the inventory any real estate lying in other counties, the inventory shall also be recorded in such counties. The filing of the inventory in the recorder's office shall be notice of the title of the wife; and all property belonging to her, included in the inventory, shall be exempt from seizure or execution for the debts of her husbmad. The husband shall have the management and control of the separate property of the wife, during the con'inuance of the marriage; but no sale or other alienation of any part of such property can be made, nor any lien or incumbrance created thereon, unfess by an instrument in writing, signed by the husband and wife, and acknowledged by her upon an examination separate and apart from her husband, before a justice of the supreme court, judge of the district court, county judge, or notary public, or if executed out of the state, then so acknowledged before some judge of a court of record, or before a commissioner appointed under the authority of this state to take acknowledgment of deeds. The husband shall have the entire management and control of the common property, with. the like absolute power of disposition as of his own separate estate. The rents and profits of the separate property of either husband or wife shall be deemed common property. Upon the dissolution of the community by the death of either husband or wife, one half of the common property shall go to the survivor, and the other half to the descendants of the deceased husband or wife, subject to the payment of the debts of the deceased. If there be no descendants of the deceased husband or wife, the whole shall go to the survivor, subject to such payment. In case of the dissolution of the marriage, by the decree of any court of competent jurisdiction, the common property shall be equally divided between the parties, and the court granting the decree shall make such order for the division of the common property, or the sale and equal distribution of the proceeds thereof, as the nature of the case may require. The separate property of the husband shall not be liable for the debts of the wife contracted before the marriage, but the separate property of the wife shall be and continue liable for all such debts. In every marriage hereafter contracted in this state, the rights of husband and wife shall be governed by this act, unless there is a marriage contract, containing stipulations contrary thereto.

SPECIAL LAWS OF CALIFORNIA. 341 DownE.-No estate shall be allowed to the husband as tenant by courtesy upon the decease of his wife, nor any estate in dower be allowed to the wife upon the decease of her husband. Rate of Interest. WHEN there is no express contract in writing, fixing a different rate of interest, interest shall be allowed at the rate.of ten per cent. per annum, for all moneys after they become due on any bond, bill, promissory note, or other instrument of writing, ou any judgment, recovered before any court in this state, for money lent, for money due on the settlement of accounts, from the day on which the balance is ascertained, and tor money received to the use of another. Parties may contract for any rate as high as eighteea per cent., but principals and endorsers are held responsible, under heavy penalties fur receiving a higher rate of interest. Wills. No will, except such nuncupative wills as are mentioned in the following section, shall be valid, unless it be in writing, and signed by the testator or by some person in his presence, and by his express direction, and attested by two or more competent witnesses subscribing their names to the will, in the presence of the testator. - No nuncupative will shall be good, when the estate bequeathed exceeds the value of five hundred dollars; nor unless the same be proved by two witnesses, who were Ipresent at the making thereof; nor unless it be proved that the testator, at the time of pronouncing the samie, did bid some one present to bear witness that such was his will, or to that effect; nor unless such nuncupative wil was made at the time of the last sickness and at the dwelling-house of the deceased, or where he or she had been residing for the space of ten days or more, except where such person was taken sick froom home, and died before his or her return. Nothing containeld herein shall prevent any soldier being in actual service, nor nariner being on shipboard, from disposing of his wages and other personal estate by a nuncupative will. Any married woman may dispose of all her estate by will, and may alter or revoke the will, in like manner as a person under no disability might do; provided that no such will, alteration, or revocation, shall be of any validity, without the consent of the husband, in writing, annexed to such will, alteration, or revocation, and attested and subscribed, and to be proven and recorded in like manner as a will is required to be witnessed, proven, and recorded, unless the wife has power to make a will, conferred by marriage contract or authority in writing, executed by her husband before marriage. IomesteadE-Enxemption Law. THE homestead, consisting of a, quantity of land, touether with the dwelling-house thereon and its appurtenatices, and not exceediins in vatlue the sum of five ttthosand dollars. to be selectedl by the owner llereof, shall not be sutbect to forced sale on execution, or any other filial process from i court, for any debt or litbility contracted or incurred after June first, 1851, or if contrntcted or incurred at any time in,an other place than in this state. This exemptioon does not extend to mtechanics' or venders' liens, or to anv mortgage law. filly obtainled; but no nmorttzatae, sale, or alientation, Iby a married man, is valid witliout the signatule o thie wife, acikntonledged bIy lher aparlt froim her htius.l and, tiuless it be to secure the payment of purclihase-motley. Neilher is it exemptt fioin liiibiity for taxes. Appraisers may bte appoilled to vaRue the homiestead if the plaintiff requires it. If the lot selected as a homestead contain 2500 square yar.ds or less, and the appraisers value tlle land and improvements at more than $5,(0l0, tie exscess or the whole may lbe sold; if the whole. thie amount exeampt niit st e palid to the defendant, and no bid can be received for less than $5,0(10. It the land selected as a thoimesleadl exceed 2500 sqanre yards, anld $5,000 in value, the appraisers nmust set off such 1portotion in cotnpat foti, hiciluding thes dlellinghoulse, as will be of' thl e vale o if t f,( (,. The dele-iilint inmay ilso desi-!nte such articles of persorial plroperl-y as are exenltpt lv law ftroin levr fld frcd sale.'The sanie benefits accrue to the wife tand his ownt legitilllate clildrten, upon the death of the head of a fainily

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S44 UNITED STATES AND, FOR.EIGN R.ATIS OF POS''AGE, UNITED STATES AND FOREIGN POSTAGE. UNITED STATES INLAND POSTAGE-NEw RATES. The following abstract contains all the provisions relating to letters and printed matter of the new postage la-w, passed March 3, 1851, and, which goes into operation on and after July 1, 1851. LETrrtER'OSTAGE.-For a letter noat exceeding khaZf an, ouce in weight. (avoirdupois,,) sent not more than 3,000 miles, if prepaid, three cents; if not paid before depositing in the postofkice, jive cets. For any distance over 3,000 miles, doutbie the above rates. Each additional weight of half an ounce or fraction of half an ounce, is charged with an additional single postage,. according t6o the conditions of distance and mode e.{' payment Lefore specifi.ed. These rates apply only to places within the United States. Drop letters one cent eash. A letter, when conveyed wholly or in part by ses, and to or fiom a foreign country, over 2,500 miles, tceuty cents; and under 2,.500 miles, ten cents, except all cases where the postages have been c oi shall. be adjusted at ditferent rates by,postal treaty or convention. Each half ounce or fraction of half an ounce to be rated at a single postage. This law does not etfect the old rates of postage to England, but reduces the postage to California and Oregon to six cents if prepaid, or ten centes if not paid in advance. On letters sent to the continent of Europe (not sent through England), the postage will be 20 cents the single rate, without regard to distance the same are carried' in the United States. NEWSPAPER POSTAG'E.-A11 newspaper not exceeding three onseces in weight sent from, the affice of publication to actual atnd bonaMde subscribers, are charged with the following rates of postage:Neuzspapers per Qitarter, p7blishedPyabe3 i,7n adv n te. Monthly. Senmi- Weekly. Semi- Tri- Daily. PF~ayable m advmMosntlty. Weekly. Weekly. Not exceeding 50 milesa. -IX 2-2 5'10 15. 25 From 50 to 300 miles. —. 2.. 2 5 10 20 30 50' From 300 to 1,000 miles...-... 3, 752 15 30 45 75 From l,000 to, 2,000 miles.... 5 10 20 40 60 100 From 2,000 to 4000 miles...... 63 12oi 2Q5 50 75 125. Exceeding 4,000 miles.....-. 754 15 30. 60 90 150 Newspapers less than 300G square inches one fourth these rates. Weekly newspapers only, sent to subscribers in the Counly where published, are free of postage. Other newspapers, and each circular not sealed, handbill, engraving, periodiCal, magazine, bound book not exceeding thirty-two ounces in weight, and every ether description of printed matter, unconnected with any manuscript or written matter, not exceeding one ounce in weight, pay the following rates:500 miles, or less......... 1 cent 2,500 to 3,500 miles...... 4 cents 500. to 1,500 miles......... 2 Exceeding 3,500 miles... 5 " 1,500 to.2,500 miles...... 3 " Each additional ounce is charged an additional rate. The postage on all printed matter (other than newspapers and periodicals sent to subscribers) must be prepaid; but if sent without prepayment, it will be charged' double these rates. Bonasfide subscribers to periodicals published at intervals not exceeding three months, are required to pay one quarter's postage in advance; and in all such eases the postage is one haslf the foregoing rates. Publishers of pamphlets, periodicals magazines, and newspapers, which de not exceed sixteen ounces in weight, are allowed. to exchange a single copy free. They can also enclose in their publications the bills for subscriptions with. out any additional charge for postage. Postage wvill be charged according to the regular mai]l-route, although it may not be the shortest distance. Newspapers ar e inot considered: as periodicals, and are not entitled to the aeduced rates as such by prepayment. Subscribers to periodicals, to obtain the benefit of the prepaid rates. must pay the full qaarter's postage bejore the delivery of the first number fo, the quarter. Payments in advance on newspers and periodicals can only be made by suft acribez& mt the postofce where de iverec. Publiahrs have so. deduction. fs yrepayname~.

UNITED STATES AND FOREIGN POSTAGEl. 345 POSTAGE WITH FOREIGN COUNTRIES. iT('R.TGN POSTAGE.-Between aby office in the United States (Oregon and California excepted) and any office in Great Britain and Ireland, the entire postage is 24 cents the single letter, which may be prepaid or sent unpaid. Payment of anything less than the entire postage, goes for.nothing. Between the offices of California and Oregon and those of Great Britain and Ireland, the entire postage is 29 cents the single letter, which may be prepaid or sent unpaid. On all correspondence between the United States and the following-named countries, the United States postage, and that only, must be collected in the United States by prepayment when sent, and on delivery when received, at the rate of 5 cents the single letter when conveyed by British packet (unless from or to Oregon or California, then 10 cents), and 21 cents the single letter when conveyed by United States packet (unless, as aforesaid, fiom or to Oregon or California, then 26 cents); newspapers each 4 cents, to be prepaid, to wit:Alexandria, city of, via Marseilles, Naples, kingdom of, via Marseilles. Algeria. Norway, Oldenburg. Austria, and the Austrian states. Poland, Prussia. Baden, Bavaria, Belgium. Roman or Papal states. Bremen, free city of Brunswick. Russia, Saxony. Beyroot. city of, via Marseilles. Scutari, city of, via Marseilles. Dardanelles, the, S" Smyrna, "'6 Denmark, France. Sweden, Switzerland. German states, Gibraltar. Turkey in Europe. Greece, via Marseilles. Tuscany, via Marseilles. Hamburg and Cuxhaven. Venetian states. Ianover, Holland. Wallachia, Wurtemberg. Iong-Kong (China), island of. West Indies, &c., British, viz.: Antigua, loniau islands. Barbadoes, Bahamas, Berbice, Carit Lubec, free city of. acou, Demerara, Dominica, EsseMalta, island of.' quibo, Granada, Honduras, JamaiMecklenburg-Schwerin. ca, Montserrat, Nevis, St. Kitts, St. Mecklenburg-Strelitz. Lucia, St. Vincent, Tobago, Tortola, Moldavia. Trinidad. This leaves, in those cases, the British and foreign postage to be collected at the other end of the route. But no British inland postage is to be charged in such cases. On all correspondence between the United States (Oregon and California excepted) and the following-named countries, through the United Kingdom, and by the routes here specified, there mnust be prepaid when sent, and collected when received, the following rates the single letter, not exceeding a half-ounce (unless to or from Oregon or California, then 5 cents is to be added to each rate), viz.:(Half-oeunce Letters.) CENTS. (Half-ounce Letters.) CENTS. Aden, Asia, island of Ceylon, China, Azores islands, via Southampton and East Indies, New Granada, Philippine Lisbon.......-......... 63 islands, Sierra Leone, Venezuela, via Brazils, via Falmouth................ 87 Southampton..................45 Buenos Ayres, "................83 Australia, Bourbon, islands of, Borneo, Heligoland, island of, via London.... 33 Java, Labuan, Iloluccas, New South Lucca and Modena, via France.......31 Wales, New Zealand, island of Su- Mauritius, via Southampton and India. 45 matra.Van Dieman's Land, viaSouth- Montevideo, via Falmouth......... 83 ampton and India................. 53 Parma and Placentia,via France.... 31 Australia, New South Wales, New Zea- Portugal, via Southampton.......... 63 land, any British colony or foreign Spain, via Southampton.............73 country, when conveyed to or from West Indies (foreign), viz., Cuba, via the United Kingdom by private ships 37 Southampton.................... 75 Canary islands Cape de Verde islands, Guadaloupe, Hayti, Martinique, Porisland of MaAeira................. 65 to Rico, St. Croix, St. Eustatius, St. Egypt, Greece, Syria.............. 57 IMartir, St. Thomas, via Southampton 55

346 UNITED STATES AND FOREIGN POSTAGE. Aden, Asia, East Indies............- For single letters, which must be less than Ceylon, island of.................... one fourth of an ounce in weight. China......-..-.............. CENTS. Hong-Kong, island of............... British and sea...................... 50 Mauritius........................... Foreign............................ 10 Philippine islands...................[ American illland.................... 5 To be sent by closed mail, via Mar- seilles...................... Total.............................65 Australia............................ New Zealand. Van Dieman's Land............ British and sea...........5........ 5 Bourbon, Borneo........-....... Foreign —...-..... o.......10 Java, Labuan........................ American inland............. 5 Moluccas, Sumatra.................... Or any other place in the Indian Archi- Total............................ 73 pelago........................ By closed mail, via:Marseilles...... 1 British and sea.................... 46 Egypt................-a............ Foreign................... 10 Syria......................... American inland.................... 5 By closed mail, via Marseilles....... - J Total............................ 61 Egypt............................ British and sea.....................26 Syria.-..................... Foreign....-............ 20 Sicily, island of...................... American inland.................... 5 Tunis, Africa...................... - By French packet, via Marseilles.... Total..............-......... 51 British and sea...........-...... 26 Sardinia........................... Foreign...................... 10 Spain...,,..................... American inland................ 5 Via France....................... Total....-...-................ 41 NOTE.-lTe foreign portion of the above rates is to be charged according to the following scale, viz.:Weighing under a I ounce............................. 1 rate. " } ounce, and under I ouce.......................... 2 rates. - ~.......................... 3 rates. l I I:... 1....... 4 rates. " 1 " " 1 " 1.......................... 5 rates. And so on, an additional rate being charged for each quarter of an ounce. Postage by the New York, Southampton, and Bremen Line of Steamers. - Th epostage on letters and packages sent by this line, from or to any part of the United States (except Oregon' and Califojlnia when 5 cents will be added) tt or from tlhe Continnt, lt ot excee(ding half an ounce in weighlt, is 20 cents; and for every additional f1 action of an ou nce, 20'cints. On letters lad dressed to the lolelowilng countries and places, thie foreign postage, to;tlie place of destination - may be ordded to the Unitedl States postage ot 20 cents, and the whole prepaiid-or thii American postage alone may be prepaid — or the whole postage mray be left unpaid, at the option the sender, viz:(Half-Ounce Letters.) CENTS. (Htalcf-Ounce Ietters.) CENTS. Altona................................ ecklenburg-Scher win................. 12 Bremen..........................Nothnin Meeklenburg-Seitz.................... 12 Brunsw ick.............................. 6 NC ass qu.................................. 12 Cassel.......... 12 Oldenburg........................... 2 Coburg............................. 12 Prussia (kingdom and provinces)........ 12 D a stadt............................... 12 euss.................................. 12 Frfanktoi t-on-the-Maine........... 12 Saxe-Altenbe......................... 12 Gothia.......................... 12 Saxe-Meningen......................... 12 Iamlburg............................... Saxe-Waeimal.......................... 12 HIanover...........6.................. Saxony (kingdom)..................... 12 IHesse-Iomburg......................... 12 Schaumburg-Lippe.................... 12 Kiel.....;.............................. 1 Schw artzburg-Rudolstadt................ 12 Lippe-Detmold....................... 12 Schwartzburg-Sondershausen...........12 Lubec........................ 9 W urtemberg (kingdom)................. 12

UJNITED STATE'S AND FOREIGN POSTAGE. 347'inted States postage of 20 cents, only should be paid on letters addressed to,he foliowing places. Letters to these places can be sent wholly unpaid, by the Bremeen line. Copenhagen, and farthest parts of Denmark; Bergen, Christina, and farthest parts *of Norway: St. Petersburgh or Cronstadt, Russia; Stockholm, and farthest parts of,Sweden; Alexandria; empire and provinces of Austria; Baden; Basle, and other parts -of Switzerinmd; Bavaria; Cairo in Egypt; Constantinople; Greece; and eastern towns of Italy. To tlavre (France), or any other port or place on the coast of France, Germany, or any othier port, on the continesnt of Europe where the United States steam-packets touch (Great Britain a:nd Ireland excepted), the postage is 20 cents, which must be prepaid,when sent from, and collected when received in the United States. Other PForeign Letter-Postage. Between any place in the United States (not over 3000 miles from the line of cros. sing), and Canada, the provinces of New Brunswick, Nova Scotia. Newfoundland, and VCape Breton, on a letter not exceeding half an ounce, the postage is 10 cents; over 3000 sniles from the line of crossing, 15,cents; an additional rate for each half ounce or less; prepaymnent is optional, On lttters to tHavaua -(Cuba), Antigua, Barbadoes, Bahamas, Berbice, Carioco, Demerara, Dominica. Essequibo, Grenada, Honduras, Jamaica, Montserrat, Nevis, St. Kitt's, St. Lucia, St. Vinceint,obago, T ortola, and Trinidad, if the distance from the mailing,office does not exceed 2,500 miles, the postage is ten cents; if it exceeds 2,500 miles, 20 -cents. The above postage must le prepaid on letters sent from, and collected on those received in the United States. On letters from the W'est India islands (not British), 5Mexico, ports or points on the gulf ol Mexico, or places on the Atlantic coast of South America, not i-n British possessions, the postage is 35 cents, if less than 2,500 -miles, or 045 cents if over; which must be prepaid on letters sent from the United States, but on netters received, only 10 or 20 cents according to distance, will be collected in the United;3tates. The postage on letters sent from the United States to the following places on the Pao,cific coast of South America, will be 50 cents, which mnust be prepaid; on letters received, only 25 cents will be collected in the United States. Southwest coast of So-ath America; Buenavenuara, 3Bogota, New Grenada; Guayaquil, Quito, Ecuador; Payta, Lambayeque, Huanchaco, Casma, Huacho, Callao, Lima, Pisco, Islay, Arica, Iquique, Peru;'Cobija, La Paez, Bolivia; Copiapo, I-uasco. Coquimbo, Valparaiso, St. lago, Chili. Letters sent froim the United States to foreign countries by private vessels, are charge. able with itnhid postage which must be prepaid. Letters are sent in this way from California to the Sandwich islands, China,'and New South Wales; and also front other places in the United States to foreign countries. Newspaper and Pamphlet Postage. The regular United States rates to and from the line, are collected on newspapers to *,r from Canada. The postage between the United States and Great Britain and Ireland, is 2 cents; when sent to the continent thrdng'i England, 4 cenats; to places on the continent whean sent through the Bremen lit-e, to the Britlist West Indies and Havana, 2 cents; rx) be prepaid when sent, and collected whena received in the Usited States. To the West India islands, land places on the Atlantic coast of South Asamerica, not in British posses..ion, and Mexico, 4 cents when iseat, and 2 when received, to be prepaid. To places on.he Pacitic coast of South Asmerica, the postage to be paid is 8 cents when sent from, and 4 cents when received in the United States. Newspapers and periodicals to foreign countries (particularly to the continent of Euscope), miust be sent in narrow bands, open at the sides or end; otherwise they are r;hargealle, there with letter-postage. I)FIIODICALS. —Pe riodical works and pamphlets are not entitled to transit conveyance V'ough G(ireat Britain and lreland, but they may be sent from the United States to the'Jnited Kingdom, a-nd vice versa, at 2 cents United States postage each, it they do not exceed 2 ounces ila weight; and at 1 cent per ounce, or fraction of an ounce, when they exceed that weihlt, to be collected in all cases in the United States; and the same will'ae subject to asn additional like charge in the United Kingdom whean not exceeding 2 ausces; tbut the third ounce raises the British charge to sixpence, with an additional riaarge of twopence for each additional ounce. When sent to or received from nforeign oauntries, withouot passing through the United Kingdom, they will be chargeable with the,egular Utaied hSate zates, to be prepaid when sent, and collected when received.

BOOK-KEEPING. TnE a:rt of Book-leeping teaches to record systematically the varioune traTr, actions of business in. any occupation in which a person may be engaged, so th-a he may know his pecuniary situation. possess ability to substantiate his elairns, and protect his property, and at death leave behind him evidence that will enable his friends to understand his business relations and engagements, and settle' his affairs in a satisfactory manner. For these reason(s no one sho(uld fail to keep a book record, instead of relying on ilia memory or loose pa ters fr evidence. There are two methods of book-keepi[ng, Single aiid Douable Entry; the last is employed, in extensive and complicated mercantile business,, where'a check is required upon each entry, to prove that it has been properly recorded. The first is trenerally used by persons engaged in ordinary business, as it is miore simpleand sufficiently correct, t[r such, purposes. It requires but three books-the DnyBook, Ledger, and Cash-Book; to these may be added, a Bill-Book, in which' all notes, received or given, are recorded, sho- wing when drawn, by whoni, in, whose favor, length of time, when due, amount of note, and any explanatory remarks required; also, a Sales-Book, in -which orders flor goods or the details of saIes are entered, and a Receipt-Book where receipts can be permanently kept DAY-BOOK. The Day-book should contain statements of every business transaction, which gilves rise to- personn owing us or to our owing them, properly arranged undeothe head of debtor or creditor. The accounts should be entered in this book at the time they were created, or in the ord'er in which they occurred in business, The book should be commenced by stating the name of the ownor and hisresidence. The day. month, and year, should then be written, and repeated. at the head of each page corresponding with the date of the fist transaction o0l the page, the subseqtuent dates on the page may stand above the transaction towhich they belong. In making an. entry the name of the person with whom we deal is written, with Dr. or Cr. at the right of the name, to show whether hebecomes debtor or ereditor by the transaction. Then a statement should follow of the business done, specifying the articles bought or sold, and the piice of each. The total amount should be added up and entered in the dollar and cent columnsi. The person with whom you deal is debtor for whatever he receives of you, an-, creditor for whlatever you receive of him, is the rule for determining how an. entry must be made. The entries in the Day-book are transferred to the Ledger, where all the trainsactiofis relating to an indivuidual are recorded on a page devoted to his account. The figure at the -left of ain entry indiicates the page of theLedger to- which, it has, been carried. (See posting accounts.) If a mistake is made in an account, it should not be corrected by altering the original entry, bat a new entry made debitiug or crediting the amount of the error; thus, "John Smith, Cr. by [or Dr. to] error in account of Oct. 6, $1.50," Thi. will enable a person to swear before a court that hisi book contains his originalentries without an alteration. LEDGER. The Led7ger is employed for collecting the scattered aceoints, of the Day-book. The accounts which relate to the same individual are brought together on one page, showing all the debits and cre.dits, thus enabling the owner to tell at a glainie the state of his account with any person. The Dr. accoiunts are llacel on the left hand of the page, and the Cr. on the right. The Ledger mizy be ruled according to the example on page 351. Every Ledger should haive an index, in which all the names ft contains are alphliabeticaly arranged, with the page of the Ledger on which the account cnn be found.

BOOK-KEEPING" 349 POSTING A CCOUNTS.-Transferring accounts from the Day-book to the Ledger is called posting. Commence with the first name in the Day-book, which in our example is William Smith; begin by writing his name in a fair hand at the top of the page, with his residence if different fiom your own, placing Dr. on the left, and Cr. on the right of the name. As he is debtor to us we commence at the left hand, writing in the first column the year, month, and day, in the second the page of the Day-book -on which the original entry can be found, in the third the name of the article, or if several articles are recorded under one d(te, they may be entered with the general designation of sundries or merchandise, and in the fourth column the total annount of the transaction. Against the account in the Day-book mark the page of the Ledger to which it has been posted; a mark can also be made to show that it has been transferred to the Ledger. Now take the second transaction in the Day-book, and if it is another name take a ner page in the Ledger, and proceed in the same manner as the first. In this way all the entries in the Day-book are posted to each person's account, every week or. month as opportunity may occur. By subtracting one side from the other the balance which is due will be firund. The specimen page represents three pages of a Ledger, to correspond with the three persons who have transactions in the Day-book. BALTANC:-SHTEET.-This may be made to accomplish a double purpose, as it will exhibit the state of the owner's accounts, by determining the amounts owing him and that he may owe, and also prove that the accounts have been'correctly posted and added. The method is as follows: rule a sheet of paper similar to ledger page, for debtor and creditor; add up all the items of credit on a page of the Day-book, and enter the amount on the sheet, then add the debits in the same manner, and proceed in this way for whatever time it is wished the proof should cover, add up the two columns and subtract one total from the other, and the difference will be the balance of the Day-book. Turn to the Ledger and obtain the balance of each person's account, and place it under its proper head; add these up, anti the difference will be the Led-er balance. If the two balances agree, it proves the entries have been correctly posted. A complete balance sheet should be made out once or twice a year, when an inventory of stock on hand is taken an ad added to the debtor balances of accounts, and the original capital is added to the credit balances, (or balances we owe,) these compared will give the amount of profit or loss. It will be remnembered that this sheet is an account between ourselves andt our books. All the accounts in the Ledger ouTht to be balanced twice a year. To do this add up each columnn and ind the difibrence, and make an entry of this balance on the side that is smallest (this should be made with red ink to distinguish it from other entries); both sides now being equal, draw a line utder themr to show the ftact. Now place the balance on the opposite side, so that it will exhibit the true state of the account. (See Win. Smith's account on the Ledger page.) CA S -BOOK. The Cash-book records the payment and receipt of cash. Cash is made debtor to the cash on hand and cash received, and credited with what is paid out. At the close of each day or week, the cash on hand is counted, and the amount entered on the credit side. This should make tlhe debits and credits equal; the amount of cash on laand is then entered on the debtor side. If money is p[aid to or received from a person who has an account with us it is also entered in the Day-book; the total receipts and expenditures are carried to the Day-booli as often as the Cash-book is balanced.' (See form of Cash-book.) Farmers and mechanics who make hut few entries, and ther efore require but'one book for their accounts, can adopt the plan of the Ledger, omitting the column for day-book page, and make their original entries on a page devoted to each person with whom they deal. It should have an index li,e the Ledger. 30

Day-Book. PETER STONE, GENEVA, NEW' YORK, OCTOBER 2, 1850. William Smith Dr..To 8 yds. of muslin, at 9 cts. a yd.............. 0.72 X 1 To 4 yds. of cloth, at $3 a yd........... 12.00 To 1 scythe.......................................... 1.10 $13 8 Henry Jones Dr. X 2 To 1 pr. of shies.......................... $1.40 To I lb. of tea.................................75 2 15 Charles Jolnson Cr. X 3 By 1 yoke of oxen.............,.. 50.................... 11500 _ ---------— _ 3 _ Htenry Jones Dr. To 14 lbs. nails, at 6 cts................................ $0.84 X 2 To 5 galls. molasses, at 3~ cts.......................... 1.60 To 12 lbs. cheese, at 10 cts........................... 1.20 3 64 Cr. By 8 Ibs. wool, at 36 cts................................. 2 88 William Smith Cr. <. 1 By I load of hay...................................... $6.00 By 12 Ibs. butter, at 9 cts............................. 1.08 7 08 Charles JoIhnson Dr. X 3 To Cash................................................... 50 00 4 WViliiam Smith Dr. To 1 stove........................... $14.00 X 1 To 8 yds. cloth, at $3.......... 24.00' To 1 horse.................. 42.00, 80 00 Charles Johnson Dr. To 1 set of harness............................... $20.001 X To I wag........................................ 6400 84 00 5 Ienrv Jones Dr. To 28 lbs.,ugar, at 8 cts............................ $2 24 X 2'oI barrel of flour..........................7.... 7.00 To 3 brooms, at 14 cts.............................4 9 66 Charles Johnson Cr. By 20 bushels corn, at 62 cts............1.....2...... 40 X 3 By csh.............................................. 30.00 By order on Peter Wilkins............................ 21.00 63 40 7 - Charles Jolnson Dr. X 3 To check to balance account......................... 44 40 10 ---- Henry Jones C Cr. X 2 By Cash to balance account................................ - 12 57 12 -- WVilliam Smith Cr. X I By his note at 3 months from date................. 75 0Q

B1OOK-KEEPING7. 3~1 Ledger. I DR. WVILLIADM SMIITH. (Waterloo.) CR. 1 1850. 1850. Oct. 2 I To Sundries.......... 1 t. 1 3 1 By hay and butter.. 7 08 4 1 " Sundries....... 8000 " 12 1 I note al 3 mos.... 75 00 " Balance........ 74 93 82 9:31 2 i" 12 To Balance....... 1174 2 DR. HENRY JONES. Ci. 2 1850.150. Oct. 2 1 To Sundries....... $2 15 Oct..3 1 By wool........... 288 3 1, SunIdrIies...... 64 0 10 1.cas..... 12 57 s 5 1 " Sundries....... 9 66 ______'-:IJA15 45 1545 3 DR CHARLES JOHNSON. CR. 3 1850. 1850. Oct. 3 1 To C0 O. 2 1 By oxen........... $11500 41' harness & wagon 84 00 " 51 " sundries....... 63 40 711 " check to balance. 44 40 17840 178 40 Cash-Book. 1 DR. CASH. CR. 1 5i850. 1850. Oct. 2 To cash on hand..... $150 00 Oct. 2 Paid rent of store 6mos. $ 75 00 "( 5 Received of C. Johnson 30 00 " 31. Charles Johnson.. 50100 5 Order on P. Wilkins.. 21 00 " 7 " Charles Johnson.. 44140 9 Receipts of store...... 106 75 64 9 " expenses in store 8;20 9 Cash on hand........ 130 15 307 75 307 75 Oct. 9 To cash on hand......$130 15 " 10 Received ofH. Jones.. 12 57

352 INTEREST. INTEREST. PRINCIPAL is the sum on which interest is paid. Interest is the compensation charged by the lender, to the borrower for the use of the principal, and is the real meaning of the word usury, though this term is nowu understood as a rate above legal interest: usurious interest, therefore, is the amount above the legal rate established by the state. Amount is the principal and interest added together, or the whole sum of several items. Per cent. is a rate on a hundred dollars, cents, or pounds, allowed by the lender for the use of money. Per annum signifies by the year. Per cent. per annum means the rate of interest on a hundred for one year, as six per cent. per annum means six dollars to be charged for the use of one hundred dollars for one year. Discount is a deduction of the interest from the principal at the time the money is lent; or an allowance of interest on a sum paid before it is due; or a sum less than par value. Commission or brokerage is the percentage allowed for services in buying, selling, or transacting business, for another. Par or nominal value is the sum expressed on the face of a stock certificate, note, coin, &c. Premium is a sum charged for insurance, or is the sum exceeding the par value of anything. INTEREST TABLE, AT SIX PER CENT., IN DOLLARS AND CENTS, FROM ONE DOLLAR TO TEN THOUSAND, 1 day. 7 cidas. 15 days. 1 mo. 3 mos. 6 mos. 12 mos. $ c. c. $ c. $ c. $ c. c. $ c. I 00 00 0 oo oo~ o01 03 06 2 00 O(4 002 01 03 06 12 3 00 0( 01 01 04 09 18 4 000 00 1 02 06 12 24 00 Ok 011 02! 07 2 15 30 6 00 0( 01 03 09 18 36 00 ~ 0o(4 oi 034 10~ 21 42 ~ 00 01 o2 04 12 24 48 00 01 02 02 4 131 27 54 i o 00 0o 02o1 05 15 30 60 i o001 0o2 05 10 30 60 1 20 30 001 03-2 071 15 45 90 1 80 40 o00 04 1 20 2 0 60 1 20 2 40 I 0 01 06 121 25 75 1 50 3 00 I 00 0-I 114 25 50 1 50 3 00 6 00 200 03 231 50 1 00 3 00 6 00 12 00 00 05 35 7i 15 450 9 00 18 00 4006 07 461i 1 00 2 00 6 00 12 00 24 00 500 08 54'2 1 25 2 50 7 50 15 00 30 00 oo00 17 1 1]- 2 50 5 00 15 00 30 00 60 00 2000 33 2 331 5 00 10 00 30 00 60 00 120 00,3.. 350 3 50 7 50 15 00 45 00 90 00 180 00 4100)0 67 4 6f- 10 00 20 00 60 00 120 o240 00;. o'I 83 5 834 12 50 25 00 75 00 150 00 300 00 10000 1 67.1 6(i 25 00 50 00 150 00 300 00 600 00

INTEREST-EQUATION. 353 INTEREST TABLE, AT SEVEN PER CENT., TN DOLLARS AND CENTS, FROM ONE DOLLAR TO TEN THOUSAND. 1 day. 7 days. 15 days. 1 mo. 3 mos. 6 mos. 12 mos. $ $ c.. C. c. $ c. $ c. $ c. 1 00 00 0 00 0i 014 031 07 2 00 00o 0o 0O 0 3i 3 07 14 3 00 00oo 00o 0o 1 o 05i 21 4 00 00} 01 021 07 14 28 00 o00 oi 03 08% 172 35 6 00 00- 01] 03~ 10/ 21 42 00 01 02 04 121 24 49 ~ 00 01 02- 04 14 28 56 9 00 01o 021 05/ 15| 311 63 1o O00 01oi 03 05 137 35 70 20 00t 02o 06 I 1 35 70 1 40 30 00| 04 09 1%7 521 1 05 2 10 40 001 05o 12 2'3 70 1 40 2 80 50 01 06o 15 29o 871 1 75 3 50 100 02 13 29 58 1 75 3 50 7 00 20 04 276 58 1 162 3 50 7 00 14 00. o 06 40-% 871 1 75 5 25 10 50 21 00 4oo o 808 54 1 1.7 2 33', 7 00 14 00 28 00 5o00 o10 68 1 46 2 9J3 8 75 17 50 35 00 1000 19 136 1 6 2 5 8 5 0 3 35 00 70 00 900@ I39 2 72-1 5 83 11 6 6 35 00 70 00 140 00 3090N 58 4 08 875 17 5 52'50 1'0500 210 00 4090 78 5 442 11 67 23 331 70 00 140 00 280 00 5000 97 6 801 14 58 29 160 87 50 175 00 350 00 L11000 1 94 13 61 29 17 58 33 175 00 3500 0 700 00 TABLE FOR BANKING AND EQUATION, Showing the nslmber of Days from any Dnte in one Month to the same Date in any other Mlo6ithS. Examnple: Hoiw manyy Doys from the 2d of I'February to the 2d of August? Loolfoar Febrluary at the lft.hand, and Antgusl at the top —in the angle is 181. In leap-year, add one day if Febrnar y be included From To 4 To d C) C Januatry............ 365 31 59 90 120 ]11 181 212 243 73 2 304 334 February..........334 365.28 59 89 120 150 18 212 2442 273 3)3 March.......... 306 337 365 31 61 92 122 153 184 214 245 275 April............. 275 306334 365 3(0 61 91 322 53 183 214 244 May...............245 276304 335 365 31 61 92 123 13 1S4 214 Jutne.......... 214 245 273 304 334 365 30 61 9 122 153 183 July............. 1184 215 243 274 304|335 365 31 62 92 123 153 August............153 184 212 243 273 304 334 365.31 61 92 122 September....... 122 153 181 212 242 273 303 334 365 30 61 91 October.......... 92 123 151 12 212 243 273 304 335 365 31 61 November......... 61 92.120 151 181 212 242 273 304 334 365 30 December........ 31 62' 90 121 151 182 212 243 274 3041335 365 30:~

354 " INTEREST-MENSURATION. CALCULATION OF INTEREST. To find the Interest on any number of Dollars for one Year.-Multiply the sum by the rate per ct., and divide by 100, or cut off the two right-hand figures, and the answer will be the interest in dollars: but if the original sum be dollars and cents, proceed in the same manner, and the answer will he the interest in cents. To find the interest for more than one year, multiply the answer by the number of years. What is the interest on $550.50 for one year at 5 per cent.? $550.50 cts. 5 Divisor 100)275250($27, 52 cts., 5 mills. To find the Interest on any number of Dollars $3,469.32 and Centsfor any number of Days.-Multiply the 25 sum by the number of days; divide the product by 6; cut off the two right-hand figures, and the answer 1734660 will be in dollars, cents, and mills. 693864 What is the interest on $3,469.32 for 25 days, at 6 per cent. per annum? Ans. $14, 45 cts., 5 mills. Divisor 6)8673300 1445550 Although the rate of interest may vary from 6 per cent., this method can still be used, by adding when it is more and substracting when it is less than 6 per cent. First find the interest at 6 per cent., as in the preceding example, and then-Add... one sixth of itself.....................for 7 per cent. Add.... one third..................... 8 per cent. Add....one half "....................... 9 per cent. Add.... two thirds "........... " 10 per cent. Subtract one sixth "................... 5 per cent. Subtract one third.4...... 4 per cent Subtract one third "....................... 4 per cent. MENSURATION. To find the Superficial Number of Feet a Board contains.-Multiply the ength of the board in feet by the breadth in inches, and divide the product by 12: the quotient is the contents in square feet. If the board is wider at one end than the other, add the breadths of the two ends together, and take half the amount for the mean breadth; then multiply this by the length, and divide by 12 as before. If the length be feet and inches, reduce the whole to inches, multiply it by the breadth, and divide by 144, when the answer will be feet. To find the Cubic Contents of Square Timber.-Multiply the width and thick- What are the contents of a board 9 ness in inches together, and this amount feet 8 inches long and 15 inches wide? by the length in feet: then divide the 9 ft. 8 inches=11 iniches. product by 144-the answer will be cubic 15 feet. If the length be feet and inches, reduce the length to inches, and multiply 580 as before, dividing the product by 1728: 116 the answer will be cubic feet. For Round Timber.-Take the mean 144)1740(12 feet 1 inch. diameter of the log clear of the bark; de- 144 ducting from this diameter one fourth, -- will give the square of the log; multiply 300 the square thus found in inches into it- 282 self, and this product by the length in feet; divide the amount by 144, which 12 will give the cubic contents in feet.

WEIGHTS AND MEASURES. 355 WEIGHTS AND MEASURES. IN 1837, Congress passed a law for regulating the weights and measures of the Union, by which the secretary of the treasury was directed to supply standards of weights, of length, and of capacity, according to the standards of Great Britain, to the governors of states and revenue collectors. The measure of time and circular motion is the same in America and Europe. The Troy weight of England was adopted by the U S. for weighing coin and bullion. Apothecaries compound their medicines by the Troy lb. and a subdivision of their own. The avoirdupois weight used in England is also our legal standard for weighing all other articles bought and sold by weight. The British and the United Slates statute acre, square yard, square foot, and square inch, and the mile, yard. foot, and inch,. are the same. Congress retained the old English wine gallon, as a measure for liquids, and the Whichester bushel for grain, &c.;' though England has abandoned both, and substituted what she terms the imperial measure, whether for wines, beer, and other liquids, or dry articles sold by measure; her imperial gallon is exactly I 1-5th of oar wine gallon, and measures 277.274 solid inches; our Winchester gallon measuring 268.8, or about 81 cubic inches less; her new bushel is equal to 1.032 of ours; heaped measure was abolished by law in Scotland 200 years ago, though not always in practice. England recognises it in recent laws and the United States have sometimes ordered duties to be collected by it. Apothecaries' WVeig'ht.-20 grains make I scruple, 3 scruples 1 dram 3; 8 drams 1 ounce?; 12 ounces 1 pound Ijt. (U. S.) Troy Weight.-24 grains make 1 pennyweight; 20 pennyweights, 1 ounce; 12 ounces 1 pound. 1 lb. Troy is to 1 lb. avoirdupois as 144 is to 175; or, 5,760 grains make I lb. Troy, and 7,000 grains 1 lb. Avoirdupois. (U.S) Avoirdutpois Weight.-[1 dram or 27 11-32 grains equal 1.7712 grammes]-16 drams make 1 ounce [equal to 28.334 granmmes]; 16 ounces, 1 pound; 28 pounds, 1 quarter; 4 quarters, 1 hundred weight; 20 hundred weight, or 2,240 pounds, 1 ton. In Philadelphia, and many other places 2,240 lbs. are generally considered a ton. [n the state of New York, unless by special bargain, 2,000 lbs. are a ton. Sales by the lb. are the most common; nothing is sold by the cwt. of 112 lbs. In Avoirdupois, 7 lbs. make I clove of wool, and 14 lbs. 1 stone. A pack of wool is 240 lbs. In Ohio, when sales are made by the bushel, without a special agreement, the following are the legal weightsof a bushel-wheat 60 lbs.; Indian corn 56; barley 48; o:ats 38; rye 56: flaxseed 56: cloverseed 64. Corn is usually sold in the Western States 56 lbs. to the bushel. In Boston, 53 lbs. are considered a bushel of Western corn. 36 bushels, or 57, cubic feet, of English coal make 1 chaldron. In freights, by the rules ot the N. Y. Chamber of Commerce, a ton is comlposed of 8 barrels of flour; 22 bushels of grain, peas, or beans, in casks, or 36 in bulk; 36 bushels European, or 31 bushels W.I. salt; 6 barrels of beef, pork, tallow, or pickled fish; 200 gallons, wine menasure, of oil, wine, brandy, or other liquids; 29 bushels of sea-coal; 40 cubic feet of square limber, oak-plank, pine, cotton, wool, and bale goods; 2,000 lbs. of bar or pig iron, ashes, and all other heavy goods. (U. S.J) Linear Measure.-3 barley-corns manke 1 inch; 12 inches 1 foot; 3 feet 1 yard; 5' yards 1 rod or pole; 40 rods 1 furlong,; 8 furlongs 1 mile. A hand is 4 inches; a fathom 6 feet; 120 fathoms 1 cable's length; a cubit i feet; 691 statute, or 60 sea miles, 1 degree; 360 degrees a great circle of the earth; 3 miles are a league; 1 link is equal to 7.92 inches; 1.00=792 inches, or 66 feet, or 4 rods, or 1 chain; 80 chains=320 rods, or 1 mile. An English or American mile is 5280 feet; A Dutch mile 24303 feet; a Roman 4884 feet; an Arabian 6444 feet; a Persian Parasang 18108 feet; 4] English miles make 1 German; 21 English 1 French league; the Spanish and Polish mile is about 31 English miles; the Russian mile or verst is about three fourth of an English mile; the Hungarian, Danish, and SWiss mile is between five and six English miles; the Swedish nearly seven.

356 WEIGHTS AND MEIASURES. Cloth 1Mensure.-4 nails or 9 inches make 1 quarter; 4 quarters, 1 yard. (UL S.) Square Mlemstire.-144 square inches make 1 square foot; 9 sq. feet. 1 sq. yard; 30 sq. yards, 1 sq. rod; 40 sq. rods, 1 rood; 4 roods, or 43560 feet, 1 acre; 640 acres, I sq. mile; 16 s(qunre rods or 10 s'quare chains lmale an acre. (U. S.) Solid Melsire,-1,728 cubic itches make I culbic fioot, 27 cubic feet, 1 cubic yard; 42 cubic feet. 1 ton of shipping; 40 cubic feet, 1 ton of' ulnhewn tilmber; 50 cubic feet 1 ton squared timober. A pile of wood 8 feet long, 4 feet wide, and 4 feet hiiih (or 128 cubic feet), make I cord. (U. S.) lrsine Mscissre.-4 gills make I pint; 2 pints. 1 quart; 4 quarts, 1 galon; 31 gallons, 1 barrel; 63 gallons, 1 hogshead; 2 hogsheads, 1 pipe; 2 pipes, 1 tun. ( U. S.) Dry, or lVinclZstesr llrMesure.-4 gills make 1 pint =33.6 cubic inches =0.55053 French litres; 2 pints 1 quart - 67-40 cubic inches = 1.10 07 litres, 4 quarts 1 gallon== 268.8 cub. in. = 4.40428 litres; 2 gallons 1 peck = 537.6 cub in. = 8.808 litres; 4 pecks 1 bushel - 2150.42 cub. in. = 35.2343 litres; 5 quarters 1 wey or load. The Winchester bushel-is 18-4- inches wide and 8 inches deep; it contains 2150 2-5 solid inches, being 47 1-5 less than the imperial bushel. Of wheat the bushel is 60 lbs. The barrel of flour contains 5 V inchester bushels, and weighs, net, 196 lbs. The barrel of Indian corn contains 3 1-8 bushels. The weight ofa galllon of molasses is usually 11 lbs. but sometimes 10 or 12. British Imperial (.ne?7) Stanidard Mfeas7rme, compared l ith Wirinchester ecnd Witle Measlure.-Our extensive dealings with England lmake it useful for businessmen to have an explanation of the difference between the imperial 1measure for liquids and dlry articles, and our Winchester and wine measures, which latter were formerly used in Eizgland. By the imperial standard, adopted in England in 1826, 1 gill is =8.665 solid inches:4 gills - 1 int; 2 pints 1 quart; 4 quarts 1 gallon, or 277.274 solid inches; 2 gallons 1 peck; 4 pecks 1 bushel, or 2218.191 inches; 4 bushels are 1 coomb; 2 coombbs (8 bushels) 1 quarter. The quairter of wheat is equal to the quarter of a ton of 2240 Ibs. or 560 lbs.; 70 lbs. in weight, are an English bushel wheat, while 60 lbs. of wheat make our bushel; so that the U. S. wheat bushel is just 6-7tis of the English or imperial, and a quarter of wheat in Englalnd is equal to 93 bushels in the United States, though in capacity to only 84 bushels. TlIe U.. grain gaillon measures 268.8 solid inches; the wine gallon 231 inches; the imperial meeasures 2771 inches; 36 of our wine gallons are very nearly equal to 30 imperial gallons. The obsolete English ale and beer gallon measured 282 cubic inches. The imperial standard gallon is a measure that will hold 10 lbs. avoirdupois of pure (distilled) water, weighed in air at 62~ Faihrenleit, the barometer being at 30~. This is the unit standard in Britain of capacity, for liquids, ale, beer, wine, spirits, and dry articles not measured by heapeld measure. Our Winchester gallon weighs 9 lbs. 10 oz. and 1 3-4 drams of pure water. 1 Winchester quarter = 0.96945 of an imperial quarter; 33 Winchester quarters = 31.99175 imp.; 98 W. = 95.00581 imlp.; 100 W. = 96.94470 imp. To Reduce the Price of WVheat, ini SterliLng, per Imperial Qi.a? ter, to Dollars and Cestts.-Reduce the shillings per quarter into dollars and cents, at 24.2 cts. per shilling, and divile by 9-4. the number of U. S. bushels in an inmperial quarter. ExAiAPLE-,-Requbired tie price of wheat per U. S. bushel in Liverpool, when it fetches 58s. 6d. per inmpeicial quarter. 58s. 6d. equals 614.15, which, divided by 9i, gives $1.51 ithe price per bushel.

FOREIGN WEIGHTS AND MEASURES. 357 TABLE OF FOREIGN WEIGHTS AND MEASURES, REDUCED TO THE STANDARD OF THE UNITED STATES. (The two right hand figures are the hundredth parts of a whole number.) FRANCE. SPAIN. Mietre..................... 3-28 feet. Quintal, or 4 arrobas.......101-44 lbs. Decimetre (1-lOth metre).... 3-94 inches. Arroba.................... 25-36 lbs. Velt...................... 200 galls. Arroba of wine............. 443 galls. -lectolitre.................. 26-42 galls. Fanega of grain............ 160 bush,, Decalitre................... 2'64 galls. PORTUGAL. Litre...................... 211 pints. 100 lbs.................. 101-19 lbs. Kilolitre.................. 35-32 feet. 22 lbs. (1 arroba)........... 22 26 lbs. Hectolitre............. 2-84 bush. 4 arrobas of 22 Ibs. (1 quintal) 89-05 lbs. Decalitre................ 9-08 quarts. Alquiere.............. 4-75 bush. Millier.............. 2205 Ibs. Mojo of grain............. 3 003 bush. Quintal..................22054 Ibs. Last of salt................ 7000) bush Kilogramme............. 2'21 lbs. Almude of wine........... 4-37 galls. AMSTERDAM. SICILY. 100 lbs. 1 centner........... 10893 lbs. Cantaro groso..........192 50 lbs. Last of grain............... 85-25 bush. Cantaro sottile.............175-00 lbs. Ahm of wine................ 41-00 galls. 100 lbs.................... 70 00 lbs. Amsterdam foot............ 0-93 foot. Salma grossa of grain...... 9'77 bush, Antwerp foot............ 0-94 foot. Sahna generale........... 7-85 bush. Rhineland foot............. 103 feet. Sahna of wine............. 23-06 galls. Amsterdam ell............. 226 feet. NAPLES. Ell of the Hague........ 2-28 feet. Cantaro groso............ 196-50 lbs. Ell of the Brabant....... 230 feet. Cantaro picolo............106 00 lbs. NETHERLANDS. Carro o grain........... 52 24 bush. Ell....................... 3-28 feet. Carro of wine............. 264-00 galls. Mudde of Zak.......... 2'84 bush. ROrIE. Vat hectolitre........... 26-42 galls. Rubbio of grain............ 8-36 bush. Kan litre............ 2-11 pints. larih of wine.............. 15-31 galls. Pond kilogramme......... 2-21 lbs. GENOA. HAMBURG. 100 lbs. or peso groso....... 76 87 lbs. Last of grain........... 89-64 bush. 100 lbs. or peso sottile...... 6989 Ibs. Ahm of wine............. 38-25 galls. Mlina of grain.............. 3 43 bush. Hamburg foot.............. 096 foot, Mezzarola of wine......... 3922 galls. El........................ 192 feet. FLORENCE AND LEGHORN.. PRUSSIA. 100 lbs. or 1 cantaro....... 74 86 Ibs, 100 lbs. of 2 Cologne marks Moggio of grain............ 36 59 bush. each............ 103-11 lbs. Barile of wine............ 12-04 galls. Quintal, 110 lbs........... 113-42 lbs. VENICE. Shefiel of grain............. 1-56 bush. 100 lbs. peso groso.........105-18 lbs. Eilmar of wine............. 1814 galls. 100 lbs. peso sottile......... 6404 lbs. Ell of cloth............... 219 feet. Moggio of grain............ 908 bush. Foot.1................. 103 feet. Anifora of wine............137 00 galls. DENNMARK. TRIESTE. 100 lbs. 1 centner...........11028 lbs.. 100 lbs................. 12360 lbs. Barrel or toende of corn.... 395 bush. Stajo of grain............. 2 34 bush. Viertel of wine............. 204 galls. Orna or eimer of wine...... 14-94 galls. Copenhagenl or Rhineland Ell for woollens........... 2-22 feet. foot................. 103 feet. Ell for silk............... 210 feet. SWEDEN.' MALTA. 100 lbs. or 5 lispunds....... 73-76 lbs. 100 lbs. 1 cantar......... 174 50 lbs. Kan of corn............... 742 bush. Salma of grain............ 8-22 bush. Last..........,......... 75-00 bush. Foot...................... 0 85 foot. Cann of wine........... 69-09 galls. SDIYRNA. Ell of cloth................ 1.95 feet. 100 lbs. (1 quintal).........29 48 Ibs. RUSSIA. Oke...................... 2 83 lbs. 100 lls. of 32 laths each..... 90-26 lbs. Quillot of grain........... 1-46 bush. Chertwert of grain......... 5,95 bush, Quillot of wine............. 13-50 galls. Vedro of wine............. 3-25 galls. CHINA. Petersburghl foot........... 118 feet. Tail...................... 133 oz. Moscow foot............... 1-10 feet. 16 tails 1 catty............. 133 lbs. Pood...................... 3600 lbs. 00 catties 1 picul..........133-25 lbs.

358 GOLD AND SILVER COINS, TABLE OF GOLD AND SILVER COINS WITH THEIR VALUE, ACCORDING TO WEIGHT. GOLD COINS. $ Oas $ OTS. Forty Lire.......................... 7 66 United States Double Eagle...........20 00 Twenty Lire........................ 3 83 United States Eagle (since 1834)......1000 1Ten ire........................... 1 90 United States Eagle (before 18:34).....10 50 Sequin............................. 2 20 United States Half Eagle (since 1834).. 5 00 Ten Scudo.........................10 00 United States Halt-Eagle (before 1S34). 5 255 Twenty Drachms, Greece......3.... 330 United States Quarter Eagle.......... 2 50 Turkish Gold Coin............. 24 California Half-Eaale....... 4 90 to 5 00 United States Gold Dollar............ 100 SILVER COINS. Doubloon, Mexico, Central America, United States Dollar................. 1 00 New Granada, Ecuador, Colombia, Half-Dollar......................... 50 Peru, Bolivia, Chili...............15 60 Quarter-Dollar...................... 25 Doubloon, Spain....................16 00 One Dime.................... 10 Half-Doubloon, Bolivia, Peru, &c...... 7 75 Half-Dime................... 5 Half-Doubloon, Spain............... 8 00 Dollar, Mexico. Central America, New Quarter-Doubloon, Mtexico, Colombia, Granada, Colombia, Peru, Chili, Peru, Bolivia, Chili, &c........... 3 75 Argentine Confeieration, &c.... 1 00 Quarter-Doubloon, Spain............. 4 00 Base Dollar, New Granada........... 65 Eighth-Doubloon, Spain.............. 2 00 Base Dollar, Bolivia........... 90 Sixteenth-Doubloon, Mexico, Central 960 Reis, Brazil and Portugal......... 98 America, New Granada, &c....... 90 1,200 Reis... —.......... —....... 1 00 Sixteenth-Doubloon, Spain........... 1 00 One Real, South American states..6 to 12 Half-Joe, Brazil.................... 8 50 Half-Dollar..................30 to 50 Half-Joe, Portugal.............. 6 to 8 50 Quarter-Dollar..................22 to 24 Eighth-Joe, Portugal................ 1 75 Spanish Dollar................... 1 00 MIoidore, Brazil and Portlugal..4 75 to 6 00 Hall-Dollar...................40 to 50 Tenth-Moidore, Brazil and Portugal... 50 Quarter-Dollar..................23 to 24 Crown, Portugal.................... 5 75 Head-Pistareen..15............. 18 Dobraon, Portugal................34 00 Pistareen........................... 16 Five Sovereigns, England............24 20 Half-Pistareen....................... 8 Double Sovereign.................. 9 67 Five Pecetas........................ 90 Sovereign...............4 80 to 4 3 One Peceta......................... 16 Half-Sovereign................... 2 41 Crusado, Portugal............... 50 Guinea....................... 5 00 Six Vintems...................... 12 Half-Guinea..................... 2 50 Testoon......................... 6 Third of a Guinea................... 1 66 Crown, England..............1 00 fo 1 12 One Mohur, East India Company..... 6 75 Half-Crown.................50 to 56 Double Louis d'or, France........... 9 00 Shilling.......................... 23 Louis d'or......................... 4 50 Sixpence......................... 11 Forty Francs........................ 7 66 Rupee, East India Company......... 40 Twenty Francs...................... 3 83 Crown, France..................... 1 06 Six Francs......................... 1 12 Five Francs......................... 93 Ten Thalers, Germany............... 7 80 Two Francs........................ 34 Five Thalers........................ 3 90 One Franc............. 1...... 17 Frederick d'or, Prussia.............. 3 90 Crown, Italy............... 93 to 97 Double Frederick d'or............... 7 80 Scudo......................... 86 to 97 Sovereign....................... 6 50 One Livre......................... 17 Half-Sovereign................. 3 25 Rix-Dollar....................... 93 Ten Gilders...................... 3 98 Florin.............................. 20 Five Gilders................ 1 98 Crown, Germany......... 1 00 to 1 02 Carolin. 7T...................... 4 75 Thaler......................... 66 to 1 02 Htalf-Carolin................... 2 85 Floriin............ 40 to 45 Quarter-Carolin.................. 8 Gilder........................... 36 Twelve Marks.................. 1 55 Six Stivers...................... 6 lDucat.......................... 2 20 Six Kreutzers.................... 2 Quadruple Ducat, Austri............ 8 80 Ducatoon, Germany.................1 15 Twenty-Five Francs................ 4 75 Ducatoon, Belgium................. 93 Imperial, Russia.................... 78 Crown, Switzerland................. 100 Half-Imperial, or Five Roubles....... 3 90 Rix-Dollar, Denmark, Sweden, NorHundred Lire, Italian States..........19 15 way, &c................ 75 to 1 10 Eighty Lire....................... 15 321 Rouble, Russia.........0....... 73

COPYRIGHT. 359 LAW OF COPYRIGHT. AYt person or persons, being a citizen or citizens of the United States, or re.,. dent therein, who shall be the author or authors of any book or books, map, chart, or musical composition, which may be now made or composed, and not printed and published, or shall hereafter be made or composed, or who shall invent, design, etch, engrave, work, or cause to be engraved, etched, or worked, from his own design, any print or engraving, and the executors, administrators, or legal assigns of such person or persons, shall have the sole right and liberty of p)rinting, re-printing, publishing, and vending, such book or books, map, chart, musical composition, print, cut, or engraving, in whole or in part, for the. term of twenty-eight years from the time of recording the title thereof, in the manner hereinafter directed. No person shall be entitled to the benefit of this act, unless he shall, before publication, deposite a printed copy of tie title of such book, or books, mall, chart, musical composition, print, cut, or engraving, in the clerk's office of the district court of the district wherein the author or proprietor shall reside; and no person shall be entitled to the benefit of this act, unless he shall give information of copyright being secured, by causing to be inserted, in the several copies of each and every edition published during the term, secured on the title-page, or the page immediately following, if it be a book, or, if a map, chart, musical composition, print, cut, or engraving, by causing to be impressed on the face thereof, or if a volume of maps, charts, music or engravings, upon the title or frontispiece thereof, the following words, viz.:' Entered according to Act of Congress, in the year, by A. B., in the Clerk's Office of the District Court of —," (naming the district in which it was entered). There is a fine of one hundred dollars for putting on a false copyright notice. If any person from and after the recording the title of any book, shall print, publish, or import, or cause to be printed, published, or imported, any copy of such book, without the consent of the person legally entitled to the copyright thereof, first had and obtained in writing, signed in presence of two or more credible witnesses, or shall, knowing the same to be so printed or imported, publish, sell, or expose to sale, or cause to be published, sold, or exposed to sale, any copy of such book without such consent in writing; then such offender shall forfeit every copy of such book to the person legally, at tie time, entitled to the copyright thereof; and shall also foifeit and pay fifty cents for every such sheet which may be found in his possession, either printed, or printing, published, imported, or exposed to sale, contrary to the intent of this Act, the one moiety thereof to such legal owner of the copyright as aforesaid, and the other to the use of tie United States, to be recovered by action of debt in any court having competent jurisdiction thereof. The penalty for violating the copyright on engravings, maps, &c., by copying either on the whole, or by varying, adding to, or diminishing the main design with intent to evade the law, or by printing, importing, or selling, or causing either to be done, is forfeiture of the plates or engraving, with all the sheets copied or printed, besides a forfeit of one dollar for every sheet of such map, chart, musical composition, print, cut, or engraving, which may be found printed, published, or exposed for sale, one half to the proprietor, and the other half to the United States. An action must be brought within two years after the cause of action shall arise. A copyright can be renewed obr fourteen years by re-entering it six months before the expiration of the first term, but the renewal must be published foul weeks in one or more newspapers printed in the United States, within two months from the date of the renewal. The fee for entering a copyright is fifty cents, and a like sum for a certified copy of the record. A copy of the book, or whatever is copyrighted, must be deposited in the clerk's office where it has been entered, within three months from the publication of the same, and also a copy delivered to the librarian of the Smithsonian Institution and another copy to the Librarian of the Congress library, at Washington. An assignment of copyright, to be good against a subsequent purchaser, must be acknowledged and recorded in the office where the original copyright was taken out, within sixty days after its execution.

NO'iCES OF BEADLE'S AMERICAN LAWYER & FORM-BOOK. From, the Ion. JOHN WV. EDnMONDS, JtclSte of the Sutpreme Court, Nrew) York: " I have examined with some care, the American Lawyer and Form-Book, and it affords me pleasure to bear testimony to its general accuracy and value. It must be of great service to almost every man of business; and from the lmani ner in which it has been prepared it may be fully relied upon." Fronr the I-Ion. Jutdge WVAr. KENT, of Ne't York: "I have looked over your work and like it exceedingly. It seems to me an admirable cornpend, and of great use to men of business." From the Hon. HENiRY CLAY, of Ktentuckcy: " I have received the copy of the American Lawyer and Business-Man's Forn-Book, which you did nae the favor to send me, and for which I thank you. Upon looking into it, I find it contains a great variety of well-arranged matter, and adapted to almost every vocation of life. Every man of business would find it useful to resort occasionally to the work. I am respectfully your obedient servant, H. CLAY." From the Hon.,Jidge ELLIS LELwIS, of the Supreme Court, Pennsylvanei: "' I have examined Beadle's American Lawyer and Business- Man's'Form Book, and know of no work which contains, in so small a space, so much useful information concerning the varied business-interests of society.' JEFFERSON IF. JACKSON, Esq., United States District Attorney for Alahamer, writes "Your book will be of great value to our profession." " The highly practical character of the information comprised in this volume, its great. scope, and undoubted accuracy, adapt it alike to the convenience of the merchant and the professional man. The author is a young member of the bar, in excellent standing in his-profession. From intimate knowledge we do not hesitate to commend his industry, precision, and sound judgment. In order to secure the highest degree of accuracy, the author is in correspondence with jurists of each state, submitting to them his labors, and obtaining the latest enactments on each subject. The' Maps of each state. bound in the volume, showing the county boundaries, will often be found of great convenience for reference."-Journal of Commerce. "A form-book of some kind is almost indispensable to every man doing business, who dreads, as every man ought to dread, the lawyer's office. A thousand occasions occur in Which it becomes necessary to observe legal accuracy in tle drawing of instruments and papers, and yet are not of sufficient moment to justify seeking legal advice This work steps in at this point to assist. The proper forms and directions for the transaction of all kinds of business, when straightforward and free from intricacy, are given in a systematic manner. Besides, the laws of the various States on questions apt to come up inpractical business, are digested so as to prevent mistakes. A great variety of tables, such as tariff of postage, interest tables, equation of time, mensuration rules, value of coin, weights and measures, are added, of great utility. A map of each State of the Union accompanies the description of the laws and usages of the State. The bock shows research, comprehensiveness, and practical tact; and possesses that brevity and clearness of style, and explicitness of directions, which the business man desires. We should suppose that merchants, tradesmen, and householders generally, would be apt to find great saving and benefit in the use of it."-Nezo York Evangelist. "A useful volume this, not attempting to Inake every man his own lawyer and give him a fool for his client, but presenting a great variety of forms for legal and business instruments, with the laws of the different states on exemptions, deeds, mechanics' lien, debts, interest, wills, and other topics of every-day importance. With the large amount of information, which is condensed within a narrow conapass, this work must prove a highly valuable manual for reference to all classes of business-men."-N. Y. Tribunse. "This is one of the most useful aids that a business-man can employ, containing as it does, besides other instructions, correct forms of all legal instruments in use, from a due-bill to a full-covenant deed. We believe it to be highly deserving the confidence and patronage of the business community, and that every man belonging to the same shlouid possess a copy."-Orleans Democrat.' A book tor everybody-truly a comprehensive work."-Philad. American Courir'