suits at law with jury trial upen any claims rejected. After the new revision goes into effect executors and administrators must account within two years of their qualification, and at other times when cited by the court to do so. ("XV. Limitations").

IV. COURTS:

The Supreme Court, made up of a chief justice and five associate justices, is divided into two divisions. The appellate division has exclusive jurisdiction of all suits in equity and proceedings following the course of equity, divorce and allied subjects, and is in general a court of appeal and review in matters of law, including probate appeals.

The common pleas division has exclusive jurisdiction of all civil cases in which the damages claimed exceed three hundred dollars, and also scme appellate jurisdiction where jury trials are claimed in appeals from Probate and District Courts. Jury trials must be claimed, however; otherwise original as well as appealed cases are certified to the appellate division; as is also any case where a demurrer is filed which in the opinion of the justice goes to the substance of the case.

There are twelve District Courts in the State, having exclusive jurisdiction of civil cases involving less than three hundred dollars damages as laid in the writ.

The Municipal Court of Providence is the Probate Court for that city. In the towns the town councils act as Courts of Probate where no judge of probate is elected at the annual town meeting. There are, however, such judges holding Probate Courts in the cities of Newport, Pawtucket, Woonsocket and Central Falls, and in the towns of Bristol, Cranston, East Providence, Lincoln and North Providence. The town councils are required to meet once a month at least for probate business. VI. FEES:

Of any estate of freehold, and leases for more than one year, must be signed (no seal is now required) and acknowledged by all the grantors (including a wife joining to release dower), if in this State before any judge, senator, mayor, town clerk, justice of the peace, or notary public. If without this State, and within the limits of the United States, before any judge, mayor, justice of the peace, or notary public, or duly qualified commissioner appointed by the Governor of this State; and after February 1st, 1896, acknowledgment or proof in the form required in the state where executed will be sufficient in Rhode Island; and if without the United States, before any ambassador, minister, charge d'affaires, consul, vice-consul, or commercial agent of the United States, or duly qualified commissioner appointed by the Governor of this State. And such deed or lease must be recorded in the registry of deeds in the city or town where the estate lies: though, if not recorded it is good between the parties and their heirs. In a conveyance by a married woman of her estate, the magistrate's certificate should now also state distinctly that "being by me examined separate and apart from her husband, and having said instrument shown and explained to her by me, she acknowledged the same, while so separate and apart, to be her voluntary act, and declared to me that she did Dot wish to retract the same." And any substantial departure from this form will render the acknowledgment and deed ineffectual as against her and those claiming under her. But after February 1st, 1896, she may acknowledge a deed as though unmarried; and after the same date no seal of the person executing will be required,

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but all persons, even though releasing dower only, must acknowledge the instrument.

VIII. DEPOSITIONS:

Any justice of the Supreme Court, justice of the peace, notary public, or commissioner appointed by the court, may take the deposition of any witness to be used in the trial of any civil actions, except equity causes, in which he is not interested, nor of counsel, nor the attorney of either party, and which shall then be commenced or pending in this tate or in any other state or government.

In taking depositions, whether in or out of the State, the party taking them shall notify by proper officer or disinterested person the adverse party or his attorney of record before taking the same, giving him a reasonable time, if within the State, at least twenty-four hours (exclusive of holidays) in which to attend and cross examine. For taking depositions outside the State an order from the court in which the case is pending is necessary. Fees payable to the officer taking said deposition are: Forty cents for each hour necessarily employed; thirty cents for each page of two hundred words, and ten cents for each mile's travel to place of caption.

IX. DESCENT:

The real estate of an intestate descends in the following order, on failure of persons in previous classes: 1. To children or their descendants. 2. To father. 3. To mother, brothers and sisters, and their descendants. In default of these, in equal moities to paternal and maternal kindred. 1. To grandfather. 2. To grandmother, uncles and aunts, or their descendants. 3. To great-grandfathers or great-grandfather, if there be but one. 4. To great-grandmothers and the brothers and sisters of grandand fathers and grandmothers, and their descendants; so on in other cases without end. But if the title of the intestate to real estate came by descent, gift, or devise from the parent or other kindred of the intestate, and such intestate die without children, such estate shall go to the kin next to the intestate (ascertained according to the foregoing canons) of the blood of the person from whom such estate last came or descended, if any there be. Rights of dower and curtesy are fully preserved. Personal estate not bequeathed is distributed as follows: 1. One-half to widow of person dying without issue. 2. One-third to widow when there is issue living. 3. The remainder in the mode provided for descent of real estate, but without respect to the blood of the person from whom such personal estate came or descended (General Laws, Chapter 216); but if the deceased was a married woman, the whole to her surviving husband.

X. EXECUTIONS:

Execution issues twenty-four hours after judgment, unless otherwise ordered; returnable in three months at District Court, and in six months at the Supreme Court. XI. EXEMPTIONS:

There are a number of exemptions from attachment and execution, but the only ones of much importance are debts secured by bills of exchange or negotiable promissory notes.

XII. INTEREST:

In absence of special agreement and on judgment the rate of interest is six per cent, but any rate agreed upon is valid. Interest runs from expiration of credit as fixed by usage of trade or by stipulation.

XIII. JUDGMENTS:

A judgment is not a lien upon real estate until levy of execution. There is no power by statute to tax counsel fees as costs except in suits for partition and certain actions against railroads.

Foreign judgments are proved in accordance with the act of Congress.

XIV. LIENS:

Whenever real estate is built upon, repaired, or improved at the request of the owner (or of the husband of the owner, the wife assenting in writing), his interest in such real estate is made liable for the work done and materials furnished, the lien taking effect at commencement of the work. To enforce the lien legal process must be commenced within four months of the time when any payment under a written contract has become due, or within six months of commencing the work or delivery of materials, if not by written contract. If the materials are not purchased by the owner of the premises, notice must also be given to such owner and recorded within sixty days of their delivery, and a person working for a contractor must also give notice to the owner within thirty days. Legal process as here used means recording the account or demand in the registry office of the town or city where the land lies. Suit by petition in equity must then be commenced within twenty days.

Warehousemen are given liens, and certain provisions are made for the sale of merchandise stored with them, as well as provisions for selling any property upon which a person has a lien at common law.

XV. LIMITATIONS:

Actions on the case for words spoken must be commenced within one year. Actions of trespass must be commenced within four years after the cause of action shall accrue. All actions of account, except such accounts as concern trade or merchandise between merchant and merchant, their factors and servants; all actions on the case, except for words spoken; all actions of debt founded on any contract without specialty, or brought for arrearages of rent; and detinue and replevin must be commenced within six years next after the cause of such action shall accrue. Other actions of debt and of covenant must be commenced within twenty years.

There are exceptions in favor of those legally disabled, except married women. If the claim is against a person outside the State when the action accrues, or if he goes out of the State before it is barred, without leaving attachable property, suit may be brought after his return. If a cause of action is concealed by misrepresentation the statute runs from the time it is discovered.

Against executors and administrators no action, except for attendance and medicines in last sickness and funeral expenses, can be brought in less than one nor more than three years after he has published notice of his appointment. But after February 1st, 1896, these periods will be six months and two years respectively, with certain provisions making heirs, next of kin, legatees and devisees liable one year more to the extent of property received by them, where there was any valid excuse for not suing before and until one year after the debt becomes due in cases of contingent liability, and all claims must be presented to the executor or administration within six months after his appointment.

Real estate is practically governed by the statute of possessions, twenty years (for periods beginning after February 1st, 1896, ten years) adverse possession being sufficient evidence of title, subject to about the same exceptions as above.

XVI. MARRIED WOMEN:

Her property is secured to her separate use, subject to her husband's right to curtesy and right to administer her intestate estate as at common law.

After February 1st, 1896, her power will be confined with slight exceptions to contracts for the management of her separate property, except that she may act as a trader (but not as a partner with her husband) and may mortgage or pledge her property for the debt of another, which mortgage or pledge will be good as to the property it covers, but no further. Also, after said date, she cannot be appointed administratrix by any Probate Court, although she may still be named and appointed executrix of a will; and she may be appointed guardian of her children.

XVII. MORTGAGES:

Real estate mortgages are subject to the same statutes as to execution and record as deeds. Chattel mortgages are usually, though not necessarily, executed in the same manner as those of real estate, and unless the mortgagee takes possession must be recorded in the town where the mortgagor resides, if within the State; otherwise in the town where the property is. Foreclosure is usually by sale under power in the mortgage after advertisement for twenty days in the case of real estate, and ten days in chattel mortgages. Mortgages are generally given to secure promissory notes; seldom to secure bonds. XVIII. NOTES AND BILLS:

Are governed by the rules and usages of commercial law. The usual three days' grace are allowed on bills drawn at sight, due and payable in this State, in which there is not a provision to the contrary. (General Laws, Chapter 166.) If the third day of grace be Sunday or a holiday, payment must be made on the next business day following.

Legal holidays are the Fourth of July, Christmas, 22d of February, the 30th of May, or, if either falls on Sunday, the day following: the first Monday in September, and the first Wednesday in April in each year, the first Tuesday in November in every second year, such day as the Governor appoints as Arbor Day, and such day as may be appointed by the Governor, General Assembly, the President, or Congress as days of Thanksgiving or solemn fast or for other purposes. Saturdays may for acceptance and maturity of commercial paper be treated as holidays. XIX.

SUITS:

Suits at law or in equity concerning land in any way must be brought in the county where the land lies. Personal actions shall be brought in the county where the plaintiff or defendant or some one of them dwell, or in which the defendant or one of them is found; and if none of the parties dwell within the State then in any county. Personal actions against corporations shall be brought in the county where the other parties or some one of them dwell, or where the defendant is found, or where the corporation is located by its charter, and if not so located, where it holds its annual meeting. But all suits in equity which would by the above provisions

be commenced in the counties of Bristol or Kent, must be brought in Providence.

XX. TAXES:

Taxes assessed against any person in any town, for either personal or real estate, constitute a lien upon his real estate for two years, and, if the estate be not aliened. until collected.

In all cases when any parcel of real estate is liable for taxes, so much thereof as is necessary to pay the tax, interest, cost and expenses, may be sold by the collector, at public auction, to the highest bidder after notice of levy, and of the time and place of sale, posted in two or more public places, and in some newspaper; and in case of a resident, shall also cause notice of his levy, and of the time and place of sale, to be left at his last and usual place of abode, or served upon him personally, at least twenty days previous to the day of sale.

The owner, his heirs, assigns, or devisees, may redeem property thus sold upon repaying to the purchaser the amount paid, with twenty per cent in addition, within one year after the sale, or within six months after final judgment has been rendered in any suit in which the validity of the sale is in question, provided such suit be commenced within one year after the sale.

XXI. WILLS:

All wills, whether of real or personal estate, must be in writing, and signed by the testator, or by some person in his presence, and by his express direction; and must be attested and subscribed in the presence of the testator, by two or more witnesses present at the same time, or else shall be utterly void and of no effect.

After acquired real estate may be devised, without such intention appearing. Non-residents may be executors and may also be appointed administrators, though the latter is not a matter of right. Every person being upward of eighteen years of age may dispose of personal property and every person upward of twenty-one years of age may dispose of real estate by

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The will of a married woman cannot impair the right of her husband as tenant by the curtesy. Nor can husband cut off his widow's right of dower except by adequate provision for her in lieu of dower; and which provision she may refuse to accept by notice in writing filed in the Court of Probate within one year after the probate of the will.

The will must be proved and recorded in the Court of Probate of the city or town of which the testator was an inhabitant, or in which he resided at the time of his death; or, in case of a non-resident, in which he left estate to be administered. Where the town council constitutes the court the town clerk is also the probate clerk. After February 1st, 1896, a copy of the will, certified by the probate clerk, must also be recorded in the town where the land lies before title can be made by a devisee under it. Foreign wills, executed as required by the laws of this State, which have been duly proved and allowed in Court of Probate elsewhere, may be filed and recorded in the Court of Probate of any city or town of this State where the testator left real or personal estate upon which the will may operate. After February 1st, 1896, a will executed as required by the statutes of the state where made, or where the testator was domiciled, will be sufficient to pass even real estate when probated in this State.

CORPORATIONS.

I. ORGANIZATION:

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Business corporations may be formed: 1. By act of the General Assembly. This is the only method of creating them for any of the purposes excepted from the operation of the general act below. The General Assembly now grants charters at the same session that they are petitioned for. Such corporations must be organized within two years after the charter is granted. 2. By general act, permitting the incorporation of ordinary business corporations, except railway, canal, turnpike or other company needing to condemn lands or acquire franchises in streets and highways; and also excepting insurance companies, banks and banking companies, and generally all corporations trading in bonds, notes and other evidences of indebtedness. In general: Three or more persons of lawful age may associate by written articles expressing: 1. Their agreement to constitute an ordinary business corporation. 2. The name by which the corporation shall be known, which shall be one that cannot be mistaken for that of a partnership and is not then in by any existing corporation. 3. The business for which it is constituted. 4. The town or city in which it is to be located. 5. The amount of the common, and, if any, of the preferred capital stock, and par value of each: the advantages of the preferred, if ary, over the common; and, until February 1st, 1896, the number of shares of each subscribed for by each subscriber. Provision may also. if desired, be made for a lien by the corporation upon his stock for the indebtedness due it from any stock

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holder, and that the stock shall upon sale thereof first be offered to the corporation; and the time for exercising this option may also be fixed.

This writing is to be signed by the incorporators, who must set their residences opposite their names, and acknowledge the instrument as though a deed of real estate. Upon filing said writing with the Secretary of State together with a certificate from the State Treasurer that the State tax is paid, the secretary issues his certificate of incorporation, which authorizes the incorporators to act as a corporation. After this certificate is issued the first meeting of the corporation is to be held for organization, a notice of the time, place and purpose of the meeting signed by one or more of the incorporators and addressed to each incorporator at his usual place of business or residence having been mailed five days before the meeting; but by agreement in writing of all incorporators this first meeting may be held without such notice.

Upon the organization of any business corporation, whether created by the general assembly or formed under the general act, a tax of one-tenth of one per centum of the capital stock named in its charter or written agreement, but in no case less than one hundred dollars, is to be paid to the State Treasurer.

II. POWERS:

By general statute corporations are given all the usual powers of such bodies (Public Statutes, Chapter 152), and may adopt such by-laws not inconsistent with the law as they see fit; but if incorporated by the sole authority of this State, they must have a place of business and transfer books of stock in this State. In addition to the general statute there are special statutes regulating railroads, banks, savings banks, insurance companies of various kinds, and building associations. There is also a statute (Public Statutes, Chapter 155) regulating manufacturing corporations, and it has been the custom of the legislature to make all corporations not included in any of the special statutes referred to above subject to the provisions of this chapter, and the general act of incorporation also distinctly makes all incorporations under it subject to it, whether they are manufacturing corporations or not. The provisions of this chapter include the following: That no note can be taken in payment of subscriptions to stock; no loan shall be made to any stockholder under penalty of personal liability of the officers making it: no debts shall be incurred in excess of capital stock paid in, under a similar liability of the directors; that no part of the capital stock shall be refunded until all debts are paid; and no dividend declared which shall render the corporation insolvent until the whole of the capital stock has been paid in and a certificate thereof, signed and sworn to by the president, majority of the directors, the treasurer and clerk, or by such officers as the by-laws require, is filed in the clerk's office of the town where its manufactory is, or in the town where it has its office.

III. LIABILITIES:

Members of a corporation remain jointly and severally liable for all debts incurred, but this liability "is limited to the shares of such members paid up to the par value thereof," until a certificate that the stock is fully paid in is filed with the clerk of the town within which the principal business is carried on.

Officers refusing or neglecting to make and file said certificate within ten days are personally liable until they do so. A like liability arises "in an additional amount up to, but not exceeding, the par value of their said shares," if an annual certificate signed and sworn to as above "truly stating the amount of its capital stock actually paid in, the value as last assessed for a town tax of its real estate, the value of its personal assets, and the amount of its debts and liabilities." at the end of each year, be not filed in the town clerk's office as above before February 15th of the following year.

There are provisions for stockholders protecting themselves by filing and publishing similar certificates if the officers neglect to do so. administrators,

Persons holding stock as executors, guardians, trustees, or as collateral security, are not held personally liable as stockholders.

IV. CAPITAL STOCK:

A corporation created by the general assembly may by Public Statutes, Chapter 155, of Manufacturing Corporations, increase or decrease its stock within the limits of its charter by vote of the corporation; and a certificate thereof must be filed in the town clerk's office as aforesaid. Corporations formed under the general act may do the same by vote of three-fourths of the capital stock. and a certificate attested by the president and secretary of the corporation must be filed with the Secretary of State, and in case of decrease all stockholders must be notified.

V. DISSOLUTION:

Whenever a corporation is insolvent, or its assets are being misapplied, or in danger of being lost by reason of the fraud, negligence or misconduct; or in case of

the continued absence of executive officers from the State of corporations which have omitted for an unreasonable time to hold meetings, or for acts of forfeiture at common law, a receiver may be appointed on the petition of a stockholder or creditor by the appellate division of the Superior Court, and the corporation may also be dissolved.

VI. FOREIGN CORPORATIONS:

Agents of foreign insurance, telegraph and telephone companies, and building associations, doing business in this State are required under penalty to make annual returns and to pay an annual tax upon their receipts. No foreign corporation other than those existing by virtue of the statutes of the United States can carry on business in this State until they have appointed a resident attorney to accept service of legal process; and a penalty of one thousand dollars is imposed upon any person acting as agent or officer before such appointment. Foreign insurance companies and building associations are also subject to other restrictions.

Whenever any debtor shall assign his or her property for the benefit of his or her creditors, it shall be lawful for said creditors to name and appoint an agent or agents equal in number to the assignees, to act in their behalf jointly with the assignees named and appointed by the assignor. It shall be the duty of the assignees within ten days after the execution of the deed of assignment, to call the creditors together, to proceed to the appointment of their agent or agents: and all sales made prior to such appointment are void. If the assignees neglect this duty the creditors may meet and appoint agents, and on an order of court may take possession of the property covered in the deed of assignment and dispose of the same.

In the appointment of agents the majority in amount of the debts represented by the creditors present at the meeting shall govern. Should the creditors not appoint agents, the assignees may dispose of the property. It shall be the duty of the assignees and agents to lay every three months before the creditors an exact statement of their proceedings.

A commission of five per cent on money received and two and a half on money paid out shall be equally divided between the assignees and the agents.

Any assignment by an insolvent debtor of property for the benefit of creditors in which preference is given to any creditor over another, other than that the same be distributed among all creditors of said insolvent debtor equally in proportion to the amount of their several de

Attachments may be obtained from the trial justice before whom the suit is brought, or from the clerk or judge of the court in which the action is brought, in any action for the recovery of money; or property, real or personal, and damages for the wrongful conversion and detention of personal property; or damages for injury done to either person or property; or against a corporation created by or under the laws of any other state, government or country; against a person who is not a resident of this State: against a defendant who has absconded or concealed himself; or whenever any person or corporation is about to remove any of his or its property from this State, or has assigned, disposed of, or secreted, or is about to assign, dispose of or secrete, any of his or its property, with intent to defraud creditors.

The attachment must be obtained at the issuance of the summons, or at any time thereafter. The warrant of attachment is issued upon an affidavit made by the plaintiff or his authorized agent and must show a cause of action and the exact cause for which the attachment is to be issued. Such affidavit and warrant must be filed with the clerk of the court within ten days.

Before the warrant is issued the plaintiff must give a written undertaking, with sufficient surety, to the effect that if the defendant recover judgment, or the attachment be set aside by order of the court, the plaintiff will pay all costs that may be awarded to the defendant, and all damage 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, except in case of a warrant issued by a trial justice, when it shall be at least twenty-five dollars.

An attachment binds the real estate from the day of lodgment and all attachments lodged on the same day rank together. An attachment may be obtained before the maturity of a debt when the defendant evades the debt or the summons, but judgment cannot be taken until the maturity of the debt. The defendant may have the attachment discharged by filing an undertaking in double the amount claimed by the plaintiff in his complaint. The undertaking must be executed by at least two sufficient sureties, who are resident and freeholders or householders in this State, and approved by the court or its officer.

IV. CLAIMS AGAINST ESTATES:

Every executor or administrator shall give three weeks' notice by advertisement in a county paper for creditors to render an account of their claims duly attested: and he shall be allowed twelve months to ascertain the debts due from the deceased, reckoning from the probate of the will or grant of administration, and any creditor who shall neglect to give a statement of his claims within that time cannot hold executor or administrator liable.

Debts shall be paid: 1. Funeral and other expenses of the last illness. 2. Debts due to the public. 3. Judgments, mortgages, and executions-the oldest first. 5. Bonds, debts by specialty and debts by simple contract. Proof of a claim against the estate of a deceased person is made by affidavit, stating that the account is just and true and that no part thereof has been paid by discount or otherwise. Executors give no bond and administrators give a bond double in value that of the estate upon which they are to administer upon.

V. COURTS:

The Supreme Court of South Carolina is the highest appellate court, and reviews upon appeal final judgments and orders brought up from the Courts of Common Pleas and General Sessions.

The Court of Common Pleas has original jurisdiction in all cases in which exclusive original jurisdiction is not granted to some other court. In nearly all cases it has appellate jurisdiction over the inferior courts of the State.

The Probate Court has jurisdiction in relation to the appointment and removal of guardians of minors, insane and idiotic persons, and persons non compos mentis, and in relation to the duties imposed by law on such guardians, and the management and disposition of the estates of their wards. Also in all matters testamentary and of administration, in business pertaining to minors and allotment of dower, in cases of idiocy and lunacy and of persons non compos mentis. The court is deemed open at all times for the transaction of ordinary business. The Justice Court has jurisdiction in the following cases

where the amount does not exceed one hundred dollars: Actions on contracts for the recovery of money only; for damages for injury to rights pertaining to property; for penalty, fine or forfeiture; action commenced by attachment; action upon a bond; action on a surety bond; confessions of judgment; action for damages; fraud in sale, purchase, or exchange of personal property; action to recover the possession of personal property claimed. Trial justices have no jurisdiction where the title to real estate shall come in question.

Deeds for the conveyance of real estate must be under seal, and signed by the grantor in the presence of at least two witnesses, who shall subscribe their names thereto. Deeds relating to railroads must be recorded in the office of the Secretary of State.

Deeds of conveyance must be executed in the presence of two or more credible witnesses who shall subscribe their names thereto.

Before any deed or other instrument in writing can be recorded in this State, the execution thereof shall be first proved by the affidavit of a subscribing witness to said instrument. Where the subscribing witness is dead proof of his handwriting shall be sufficient.

All deeds shall be valid so as to affect from the time of such delivery or execution, the right of subsequent purchasers or creditors for valuable consideration without notice, only when recorded within forty days from the time of the execution or delivery in the office of the register of mesne conveyance of the county where the property affected is situated, in the case of real estate. If recorded after forty days it is notice from the time of recording.

VIII. DEPOSITIONS:

Where witnesses reside out of the State or county where the trial is to be had, any judge or clerk of the Circuit Court may grant commissions under the seal of the court to three or more commissioners, any two of whom may act, to take the deposition in writing of the witnesses named in the commission. Ten days' notice with a copy of the interrogatories must be given to the opposite party.

Subpoenas: Commissioners are empowered within this State to subpoena witnesses.

Commissioners appointed by other states to take depositions in this State, on producing their commission to any judge of the Supreme Court or Circuit Court of this State may have subpoenas issued for witnesses in this State.

All persons unable to leave home by reason of age infirmity, sickness or bodily hurt may be examined by commission; and in case of refusal shall be liable for damages.

Depositions de bene esse may be taken by any officer of the State authorized to administer an oath when the witness is about to depart from the county in which the trial is to be held. Such deposition must be written by the officer, or by the deponent in the officer's presence; and must be subscribed by the deponent.

IX. DESCENT:

When any person shall die without disposing of the same by will, his estate, real and personal, shall be distributed in the following manner:

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1. If he leave a widow and one or more children, the widow takes one-third, and the rest is divided between the children: if one child, the remainder is vested that one. 2. If the intestate shall leave no child or other lineal descendant, but shall leave a widow, and a fathe or mother, and brothers or sisters, of the whole blood the widow shall be entitled to one moiety, and the other moiety shall be divided between the father and mothe and brethren of the whole blood: the children of a de ceased brother or sister to take the share to which thei parent was entitled, but no representation is admitter among collaterals after brothers' and sisters' children. If he leave a widow and brothers or sisters, the wido shall be entitled to one moiety of the estate, and brothers and sisters to the other moiety as tenants

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