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common. 4. If the intestate leave only a widow and a brother or sister of the half blood, and a child or children of the whole blood, the widow shall be entitled to one moiety, the other moiety to be equally divided between the brothers and sisters of the half blood, and the children of the brothers and sisters of the whole blood, such children taking among them a share equal to the share of a brother or sister of the half blood. 5. If he leave only a widow and a lineal ancestor, the widow shall take one moiety and the lineal ancestor the other moiety. 6. If he leave no child or other lineal descendant; father, mother, brother or sister of the whole blood or child of such brother or sister of the whole blood, nor brother or sister of the half blood, nor lineal ancestor, the widow shall take two-thirds, and the remainder shall descend to the next of kin.

If intestate shall leave no widow, the provision made for her shall go as the rest of the estate is directed to be distributed in the respective classes in which the widow is provided for.

On the death of a married woman, the husband shall have the same share of her estate as is given to the widow, the rest to be divided as in the case of the death of a married man. And if she leave no husband the provision made for him shall go as the rest of the estate is directed. If a married woman or married man die leaving no next of kin then the husband or wife shall inherit the whole.

X. EXECUTIONS:

No judgment can be entered by the clerk of the court until the expiration of five days after the last day of the term at which the judgment was taken, and executions can be issued immediately upon the entry of judgment, and are made returnable within sixty days. Actual levy is necessary for an execution to bind the personal property of the defendant, and the lodgment of the execution with the sheriff is no lien upon personal property. XI. HOMESTEAD:

A homestead in lands, whether held in fee or any lesser estate not exceeding in value one thousand dollars, with the yearly products thereof, shall to the head of every family residing in this State be exempt from attachment, levy or sale or any mesne or final process issued by any court upon any judgment obtained upon any right of action arising subsequent to the ratification of the Constitution of the State of South Carolina; and it shall be the duty of the sheriff or any other officer before selling the real estate of any head of a family resident in this State, to cause the homestead, as above stated, to be set off to the said person.

No waiver of the right of homestead, however solemn, made by the head of a family at any time prior to the assignment of the homestead, shall defeat the homestead.

VS.

A widow is the head of a family, though childless. (Yoe vs. Hanvey, 25 S. C., 94.) Also a single woman who has dependent sister living with her. (Chamberlain Brown, 33 S. C., 537.) A bachelor is not entitled to it (Garaty vs. Du Bois, 5 S. C., 493), but a father is who has a child living with him (Meyers vs. Ham, 20 S. C., 522) even though the child be an adult married son, living separate from his wife (Rollins vs. Evans, 23 S. C., 316). Exemption of personal property to the value of five hundred dollars shall be allowed to the head of a family, whether entitled to homestead in real estate or not, and in case of dispute as to the homestead by the creditors, the officer shall cause the same to be appraised as in the case of real estate.

If the husband have not sufficient property to constitute a homestead, the wife may, have homestead set off to her, but the total homestead between them shall not exceed one thousand dollars in real estate and five hundred dollars in personalty.

When no process has been lodged the head of family may have homestead set off by officer authorized to do so. XII. INTEREST AND USURY:

Statutory Rate: No greater rate of interest than seven per centum per annum shall be charged, taken, agreed upon, or allowed upon any contract arising in this State for the hiring, lending or use of money or other commodity, except upon written contracts, wherein, by express agreement, a rate of interest not to exceed eight per cent may be charged.

No person or corporation lending or advancing money or other commodity upon a greater rate of interest shall be allowed to recover in any court of this State any portion of the interest so unlawfully charged; and the principal sum, amount or value so lent or advanced, without any interest, shall be deemed and taken by the courts of this State to be the true legal debt or measure of damages to all intents and purposes whatsoever, to be recovered without costs.

Provided. That the provisions of this foregoing section shall not apply to contracts or agreements entered into, or discounts or agreements made, prior to the first of March, 1890.

No interest is allowed on open accounts.

XIII. JUDGMENTS:

Judgments are a lien on lands for the period of ten years, and may be extended by scire facias for a like period of ten years. The judgment acts as a lien on lands from the time of entry and no judgment can be entered by the clerk until five days after the adjournment of the term at which the judgment is taken.

XIV. LIENS:

Taxes are a first lien on property.

Every landlord leasing lands for agricultural purposes has a prior lien for his rent to the extent of all crops raised on the lands, whether by tenant or other persons. No writing is necessary to create the lien, but it exists from the making of the contract, whether written or verbal.

Laborers have a lien when working on shares of crops, or for wages in money or other valuable consideration, upon the crop or crops raised or grown on the lands of employer in whose hands soever it may be. Mechanics have a lien on the buildings and the lands improved thereby for furnishing labor and supplies.

Liens on crops for advances for agricultural purposes are given a preferance over all others, existing or otherwise, to the extent of such advances. Every lien for advances must be indexed in the office of the register of mesne conveyances of the county in which the lienor resides within thirty days of the date thereof.

Landlord's lien upon the crops of his tenant ranks first; next after is the lien of the laborers who assisted in making the crop, and the third in rank is the lien for agricultural supplies.

XV. LIMITATIONS:

The State will not sue any person for or in respect to any real property, or the issues or profits thereof, by reason of the right, title or interest of the State to the same, unless: 1. Such right or title shall have accrued within twenty years before any action or other proceeding for the same shall be commenced; or unless: 2. The State, or those from whom it claims, shall have received the rents and profits of such real property, or of some part thereof, within the space of twenty years.

No action for the recovery of real property, or the 'possession thereof, shall be maintained unless it appear that the plaintiff, his ancestor, predecessor, or grantor was seized or possessed of the premises in question within ten years before the commencement of such action. The plaintiff is limited to two actions for the recovery. In case of disability the time does not commence to run until the disability is removed.

In case of a judgment, bond, or other contract in writing secured by mortgage of real property, and an action upon a sealed instrument other than a sealed note or personal bond for the payment of money only, the limitation is twenty years.

In an action upon a contract, obligation or liability other than is provided for above; an action for liability created by statute, other than penalty or forfeiture; action for trespass on or damage to real property; actions affecting personal property; criminal conversation; relief on ground of fraud; and actions on policies of insurance, the limitation is six years.

In actions against a sheriff, coroner, or constable for liability incurred in official capacity, or omission for penalty or forfeiture, or an action against the sheriff or other officer for the escape of a prisoner arrested on civil process. the limitation is three years.

In actions for libel, slander, assault and battery, or false imprisonment, and an action upon a statute for a forfeiture or penalty to the State, the limitation is two

years.

XVI. MARRIED WOMEN:

A married woman's property whether acquired before or after marriage is not liable to her husband's debts. All incomes from her property shall be governed by the same laws as her property. A married woman has the power to dispose of, convey and will her property in the same manner as an unmarried woman. She may also place incumbrances upon it.

XVII. MORTGAGES:

Mortgages on real estate must be executed and proved in the manner provided in the case of conveyances. They should be recorded in the office of the register of mesne conveyance of the county in which the land is situated, within forty days after the execution, to constitute a valid lien. Mortgages on real estate are foreclosed by suit of foreclosure, begun by ordinary service of complaint and summons.

Unless a different period is fixed for the advertisement of sale under a chattel mortgage in the deed itself, or the grantee shall in writing have consented to some other mode, the sale shall be advertised at least fifteen days in three public places: one of which shall be on the court house door: or published at least two weeks in a newspaper published in the county. The mortgagor has at any time before sale the right to redeem the property by paying the debt and costs.

XVIII. NOTES AND BILLS:

The laws of this State follow the general mercantile law in regard to notes and bills of exchange. XIX. SUITS:

Suits are begun by the service of a summons in which the defendant is required to answer the complaint within twenty days or judgment will be taken against him by default. If the defendant answers, the action may be placed upon the docket of the court at any time up to fourteen days previous to the first day of the term of court; and if the plaintiff does not have the cause so placed on the docket the defendant may, seven days before the first day of the term, have the cause placed upon the docket, and it shall stand for trial without further notice of trial.

The action may also be commenced by the service of

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III. ATTACHMENT:

Attachment process issues at the time of granting the summons or at any time afterward in actions on contracts for the recovery of money only, or for wrongful conversion of personal property, against a foreign corporation or non-resident defendant; or when defendant has absconded or concealed himself, or has assigned, disposed of, or secreted his property, or is about to do so with intent to defraud creditors; or when the debt was incurred for property obtained under false pretenses.

Plaintiff must make affidavit and furnish bond in not less than two hundred and fifty dollars in Circuit Courts: and at least fifty dollars and not exceeding three hundred dollars in Justices' Courts.

Real and personal property, debts. moneys, credits and bank-notes may be attached or levied on under execution or attachment.

IV. COURTS:

Circuit Courts have chancery and common law jurisdiction above one hundred dollars' in value and where the title to real property is concerned; and sit twice a year in nearly all the counties.

County Courts hold two terms a year, and are always open for business. They have exclusive probate jurisdiction, and in counties of a population of ten thousand, civil jurisdiction concurrent with the Circuit Courts to one thousand dollars; in counties of a less population, five hundred dollars.

Justice's jurisdiction is not more than one hundred dollars. Circuit and County Courts also have concurrent jurisdiction with Justices' Courts for sums less than one hundred dollars.

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COMMERCIAL LAW.

I. ACKNOWLEDGMENTS:

Acknowledgments of deeds or instruments within the State may be made before a justice or clerk of the Supreme Court or notary public; and within the judicial district, county subdivision, or city for which the officer was elected or appointed, before the judge or clerk of any court of record, mayor, justice of the peace, register of deeds, United States Circuit or District Court commissioner, a county clerk or county auditor.

If without the State, before any judge or clerk of a court of record of the United States, or any state or territory; a notary public or any other officer of the state or territory where the acknowledgment is made, authorized by its laws to take such proof or acknowledgment, or a commissioner of deeds appointed by the Governor of this State.

In foreign countries, before a minister, commissioner, diplomatic or consular agent of the United States, or a judge or notary public of said country. Letters patent from the United States and final receivers' receipts from the United States land offices may be recorded without acknowledgment or further proof.

II. ASSIGNMENTS:

An insolvent debtor may in good faith make an assignment in trust for the benefit of his creditors. which may provide for any subsisting liability of the assignor, whether absolute or contingent. Such assignment is subject to provisions of the code relative to trusts and fraudulent transfers. Any debtor may make assignment, without preference of creditors, but is not relieved from liability for any unpaid balance to his creditors.

..$ .25

5.00

Appeal: dependent on number and character of pa

pers.

Commencement of suit in Justice Court; about..
Commencement of suit in court of record: about....
Incorporation: Secretary of State, fees..
Mandamus: dependent on number and character of
papers.

2.00

2.00

10.00

Probate: dependent on number and character of pa

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VIII. INTEREST:

Legal rate seven per cent, but parties may contract in writing for twelve per cent. Usury forfeits usurious interest. Interest on open accounts runs from date of last item charged, whether debit or credit. Legal rate allowed on judgments.

IX. JUDGMENTS:

Judgments of courts of record are a lien on all real estate except the homestead, for ten years from time such judgment is docketed in the clerk's office of the county where the land is situated, and are renewable for not exceeding twenty years. In courts of record judgment may be obtained within thirty days after service of summons and complaint; in Justices' Courts, four days, where no defense is interposed.

X. LIENS:

Every miner, or other person, who, at the request of the owner or owners, or his or their agents, of any lode, mine or deposit, or at the request of any contractor or subcontractor, shall perform any labor whatever on said mine, or furnish any timber, rope, nails or any other materials for timbering shafts or levels for the mine owned by such owner or owners; or who shall furnish any kind of materials for erecting any windlass, or any other hoisting apparatus or machinery; or for any car track, cars, tunnels, drifts or openings thereon; or shall perform any labor on any tunnel or other mining works, shall have a first lien, prior and superior to every other lien except that of the State or the United States which shall be created after the passage of the Act (March 13, 1895) on such lode, mine, deposit, bank or tunnel, to secure the payment for the same.

Every such miner performing any work or furnishing any materials under a contract express or implied between the owner and any contractor working on such mine may deliver to the owner or owners of such mine or tunnel, or to his or their agent or superintendent, an attested account of the amount and value of the work and labor thus performed, or of the materials thus furnished, and remaining unpaid, and thereupon such owner or owners or his or their agent shall retain out of the first subsequent payments to such contractor the amount so due. It shall be the duty of such owner to furnish such contractor with a copy of such papers, and if such contractor shall not within ten days after the receipt of such papers give such owner written notice that he intends to dispute the claim, or if, ten days after giving such notice, he shall refuse or neglect to have the matter adjusted, he shall be considered as assenting thereto, and such owner or owners may pay the same when it becomes due, and for that purpose may deduct the amount out of any moneys due such contractor. The amount which may be due from any contractor to his creditor may be recovered from said owner or owners by the creditor of said contractor in an action at law to the extent in value of any balance due by the owner or owners to said contractor.

Any person entitled to such a lien shall make an account of the items of labor or material furnished, and, after verifying the same, shall within sixty days after the time of completing such labor, or furnishing the last item of material, and, together with a correct description of the property to be so charged, file the same in the office of the clerk of the Circuit Court of the county or subdivision in which the mine is situated, and thereupon the same shall, from the time of the completion of the work, or furnishing the last item of materials, and for one year thereafter, operate as a lien upon the property charged in such description. When any work or labor has been performed, or materials furnished as aforesaid under a written contract, the same, or a copy thereof, shall be filed wit.. such account and description. All such liens shall be concurrent liens. In all actions to enforce any such lien, all persons claiming liens upon the property charged shall be made parties, and the rights of all parties shall be determined by the court.

The foregoing lien law applies to oil wells or springs, iron and lead mines as well as all other mines not before specified so far as the same may be applicable.

XI. LIMITATIONS:

Personal actions, two years; on contracts or obligations, six years; on sealed instruments, judgments or decrees of any court, and in real actions, twenty years. XII. MARRIED WOMEN:

Retain their own real and personal property, and may make contracts, sue and be sued as if sole. Neither husband nor wife has any interest in the property of the other. Dower and curtesy are abolished. A married woman retains the same legal existence and personality after as before marriage, and shall receive the same protection of all rights as a woman which her husband does as a man, and has the same right to sue in her own name as her husband has in his.

XIII. MILLDAMS:

Any person desiring to erect a milldam upon his own land, and deeming it necessary to damage by overflow

ing, or otherwise, real estate not owned by him, shall present to the judge of any court of record in the county a petition setting forth the place where said dam is to be located, the height to which it will be raised, the purpose to which the water power will be applied, etc., whereupon the judge shall appoint three commissioners, who shall, upon notice, hear testimony and make an assessment of damages. An appeal lies from such assessment to the court aforesaid by any party interested, excepting a petitioner, at any time within thirty days from the time of the notification of the filing of the commissioners' report. The appellant shall file an appeal bond in double the amount of the assessment appealed from, in the usual terms.

Upon payment of the damages assessed, judgment shall be entered declaring the right to erect and maintain a milldam according to the petition, and shall be and remain in the petitioner, his heirs and assigns forever, subject to be lost by a failure for one year thereafter to begin to build said dam and to finish the same, and apply the water power thereby created to the purposes stated in petition, within three years; or, in case the mill and dam shall be destroyed, the petitioner's right is lost by a failure to rebuild in one year after such destruction, and finish in three years, or by failure to keep such mills in operation for one year at any one time.

All actions for damages occasioned by the erection and maintenance of the milldam shall be brought within two years after the erection of said dam, provided that such limitation shall not run against or apply to persons living on and holding government land under the pre-emption laws, until a patent for the land overflowed shall have been issued.

XIV. MORTGAGES:

Mortgages of realty must be in writing, with the formalities required in case of a grant of real estate. Wife need not join except in mortgage of homestead. If containing power of sale, may be foreclosed by advertisement without intervention of court. Mortgagor has possession of the premises during the year of redemption after sale, and is entitled to an additional year of redemption upon payment of taxes, accrued interest and one year's interest in advance.

Chattel mortgages are void as against creditors and subsequent purchasers in good faith unless filed in office of register of deeds within the county. A chattel mortgage taken by insurance company is void unless written on paper distinct from application. Chattel mortgages are not good upon farm crops not in actual existence, except crops to be grown in one year thereafter.

XV. NOTES AND BILLS:

There is no statutory law requiring that commercial paper should be made payable at a bank or at any other specified place. Three days of grace allowed on all bills of exchange or sight drafts, whether foreign or domestic, and on all promissory notes, bills of exchange and drafts, on the face of which time is specified, and notes on demand.

CORPORATIONS.

I. ORGANIZATION:

3.

Articles of incorporation must set forth: 1. Name of the corporation. 2. Purpose for which it is formed. Place where its principal business is to be transacted. 4. Term for which it is to exist (not exceeding twenty years). 5. Number of directors or trustees, and names and residences of such of them as are to serve until the election of such officers, and their qualifications. 6. If there be a capital stock, its amount and the number of shares into which it is divided.

Said articles must be subscribed by three or more persons, one-third of whom must be residents of this State, and acknowledged by each before a notary public, or other officer authorized to take acknowledgments of conveyances of real property. At least two of the incorporators must also make oath that such corporation is not being formed for the purpose of enabling several corporations to avoid the provisions of Chapter CLIV, Laws of 1890, declaring certain combinations or trusts unlawful. Upon the filing of the articles of incorporation and anti-trust oath with the Secretary of State, he will issue a certificate thereof, and thereupon the person or persons signing the articles, and their successors, become a body corporate.

II. BY-LAWS:

By-laws must be adopted within one month after the filing of such articles, and may provide for: 1. Time, place and manner of calling and conducting meetings. 2. The number of stockholders or members constituting a quorum. 3. The mode of voting by proxy. 4. Time of annual election of directors, and mode and manner of giving notice thereof. 5. Compensation and duties of officers. 6. Manner of election and tenure of office of all officers other than the directors. 7. Suitable penalties for violations of by-laws not exceeding in any case one hun

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SOUTH DAKOTA LAWS.

dred dollars for any one offense.
certified by a majority of the directors and secretary of
the corporation, and copied into a book of by-laws, which
All by-laws must be
shall be open to the inspection of the public during office
hours, and may be amended by a vote of two-thirds of
the subscribed stock.

Any mining corporation may provide in the articles of
incorporation for having a business office without the
State at any place within the United States, and to hold
any meeting of the stockholders or directors of the cor-
poration at such office, but every such corporation must
have its main office for the transaction
within this State, to be also designated in such articles of
incorporation.
of business

III. MEETINGS AND ELECTIONS:

The directors of the corporation must be elected annually by the stockholders, and if no provision is made in the by-laws for the time of election, it must be held on the first Tuesday in June.

IV. REPORTS AND STATEMENTS:

Every mining corporation shall annually, within twenty days from the 1st of January, make a report, which must be published in some newspaper published at or nearest to the place where the business of such corporation is carried on, which report must state the capital stock, and amount thereof actually paid in, the amount and nature of its indebtedness, and the amounts due the corporation, the number and amount of dividends, and when paid, and the net amount of profits. The said report must be signed by the president and a majority of the directors, and be verified by the oath of the president, or secretary, of the corporation, and filed in the office of the register of deeds of the county where the business of the corporation is carried on. to make and publish such report is a misdemeanor. A willful neglect or refusal V.

FOREIGN CORPORATIONS:

No corporation organized under the laws of any other state shall transact any business within this State, or acquire, hold and dispose of property within this State until such corporation has filed in the office of the Secretary of State a duly authenticated copy of its charter, or articles of incorporation, and shall have appointed an agent residing in the county in the state where the principal business of the corporation is carried on, duly authorized to accept service of process. ticated copy of such appointment of such agent shall be filed and recorded in the office of the Secretary of State A duly authenand register of deeds of the county where such agent resides.

MINING.

I. LOCATION AND RECORD:

Mining claims shall not exceed fifteen hundred feet along the vein by one hundred and fifty feet on each side of the center thereof.

The discoverer of a lode shall, within sixty days from the date of discovery, record his claim in the office of the register of deeds of the county in which such lode is situated by a location certificate, which shall contain: 1. The name of the lode. locators. 3. The date of location. 4. The number of feet 2. The name of the locator or in length claimed on each side of the discovery-shaft. 5. The number of feet in width claimed on each side of the claim or lode. 6. The general course of the lode as near as may be. Any location certificate which does not contain the foregoing requirements and such description as shall identify the claim with reasonable certainty shall be void.

Before filing such location certificate, the discoverer shall make formal location by: 1. Sinking a discoveryshaft sufficient to show a well-defined mineral vein or lode. 2. By posting at the point of discovery on the surface a plain sign, or notice, containing the first five

requisites of the location certificate above given. 3. By
marking the surface boundaries of the claim by eight
substantial posts hewed or blazed on the side or sides
facing the claim and plainly marked with the name of
the lode, and the corner, end or side of the claim that
they respectively represent;
when necessary, in a monument of stone, and placed one
sunk in the ground, or,
at each corner, one at the center of each side-line, and
one at each end of the lode.

No location certificate shall claim more than one loca
tion, whether the location be made by one or several
locators; and if it purport to claim more than one loca-
tion, it shall be absolutely void, except as to the first
location therein described, and if they are described to-
gether, or so that it cannot be told which location is
first described, the certificate shall be void as to all.
II. AMENDMENT OF CERTIFICATE:

If at any time the locator of any mining claim, or his assigns, shall apprehend that his original certificate was defective, erroneous, or that the requirements of the law had not been complied with before filing, or shall be desirous of changing his surface boundaries, or of taking in any part of an overlapping claim which has been abandoned, such locator, or his assigns, may file an additional certificate, subject to the foregoing provisions. provided that such re-location does not interfere with the existing rights of others at the time of such re-location. and no such re-location or the record thereof shall preIclude the claimant or claimants from proving any such title or titles as he or they may have held under previous locations.

III. RE-LOCATION:

The re-location of abandoned lode claims shall be by sinking a new discovery-shaft, and fixing new boundaries in the same manner as if it were the location of a new claim: or the re-locator may sink the original shaft, cut or adit to a sufficient depth to disclose the vein and erect new or adopt the old boundaries, renewing the posts if removed or destroyed. location stake shall be erected. In any case, whether the In either case, a new whole or a part of an abandoned claim is taken, the location certificate must state that the whole or any part of the new location is located as abandoned property.

IV. RIGHT OF WAY:

All mining claims shall be subject to the right of way of any ditch or flume for mining purposes, or of any tramway, or pack trail, provided such right of way shall not be exercised against any location duly made and recorded and not abandoned prior to the establishment thereof, without consent of owners, except by condemnation.

V. ASSESSMENT WORK:

Requirement as to annual work is the same as that of the United States statutes.

VI.

DISPUTED TITLES:

In all actions wherein the title to any mining claim is in dispute, the court or judge thereof may, upon proper application, enter an order for an underground as well as surface survey of such part of the property in dispute as may be necessary to a just determination of the question involved.

In all actions for recovery of value, attachment process, and conveyance, sluice boxes, flumes, hose, pipes, railway tracks, cars, blacksmith shops, mills, and all other machinery or tools used in developing or working a mine are to be deemed affixed to the mine, and are real estate. In all matters not herein before abstracted, the Revised Statutes of the United States govern.

VII. QUARRIES:

Quarries located on other than public lands of United States are governed by the ordinary rules applicable to real estate. the

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made before some notary public or justice of the peace. No preference is allowed in the payment of debts, and all stand upon an equal basis. If personal representative has reason to believe that the estate is insolvent, he may, in the County Court, suggest insolvency, and notify, all creditors to file claims with the clerk of the court in which insolvency has been suggested within a time to be fixed by the clerk; and if any creditor fail so to do, his claim will be forever barred. Suggestion of insolvency has no effect upon statute of limitations in regard to time for making demand of personal representative; the only effect of suggesting insolvency is to cause the creditors to file claims with the clerk of the court, instead of presenting them to the personal representative. If the personal. property is insufficient to pay the debts of deceased, either the personal representative or any creditor may file a petition in either the County or Chancery Court, to have so much of the realty sold as may be necessary for the payment of the debts. If the estate is insolvent after the sale of realty all claims are paid pro rata, and the personal representative relieved of his trust.

V. COURTS:

The Circuit Courts hold three terms annually, and have generally common law jurisdiction in all cases involving over fifty dollars.

Chancery Courts, holding two terms annually, have full equity jurisdiction above fifty dollars, and concurrent jurisdiction with the Circuit Court of all civil causes, except actions for injuries to person, property or character, involving unliquidated damages.

Justices of the peace have jurisdiction in equity up to fifty dollars on all unsettled accounts, obligations, contracts, etc., to and for recovery of property; and for damages, except for libel and slander, up to five hundred dollars; upon all notes and upon indorsement of negotiable paper where demand and notice are expressly waived in the instrument, up to one thousand dollars. Va. FEES:

Acknowledgment before notary public, justice or clerk of court....

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Preferential assignments or any other device, such as confession of judgment, or sale, etc., whereby substantially all of a debtor's property is applied to payment of preferred debts, are forbidden by act of May 7th,, 1895. Assets of an insolvent will be distributed ratably among all creditors. In case of any act attempting to give a preference, the Courts of Chancery on application of any creditor will administer the assets through the instrumentality of a receivership. The act has no application to conveyances made at the time, to secure payment for property bought, credit given, or money loaned, or money or supplies advanced to make a crop; but it is required in such cases that the instrument evidencing the contract shall be registered immediately. Sales and pledges of personal property, accompanied by delivery do not fall within the requirements of registration. The act has no application to conveyances made to secure or pay debts owing at the time of its enactment.

An assignee must give bond and take an oath for faithful performance of his duties. Claims must be filed within one year.

III ATTACHMENT:

Process will issue: where the debtor resides out of the State: is about to remove or has removed himself or property from the State; has removed, or is removing himself from the county, privately; is concealing himself, so that the ordinary process of law cannot be served upon him; absconds or is absconding, or concealing himself or property; has fraudulently disposed of, or is about fraudslently to dispose of his property; or, when any person liable for any debt, residing out of the State, dies, leaving property in the State. Attachment will also issue demands not due. When debtor and creditor are nonresidents of this State and are residents of the same state, the creditor shall not attach unless the property has been fraudulently removed to evade process in the state of residence. Debts due and not due owing to the defendant, and property of the defendant of any kind in the hands of a third person, are subject to garnishment. IV. CLAIMS AGAINST ESTATES:

on

Residents are allowed two years after qualification of personal representative, and non-residents three years, in If the which to bring suit for claims against deceased. evidence of indebtedness is signed by the deceased or his agent, no further proof is needed to establish the claim. But if the claim consists of an account coming from another county or state, it will be sufficiently proved by the affidavit of the claimant to its correctness, to be

.$ .50

Attachment

6.00

Appeal

5.00

Commencement of suit in magistrates' court.. Commencement of suit in court of record.. Incorporation

1.40

6.00

13.00

Mandamus

6.00

3.00

1.50

1.50

1.00

.10

1.00

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Until registered, deeds are not good, except between parties and privies. Lands held by unregistered deeds are subject to the debts of both vendor and vendee. The wife must join in deed to convey homestead.

To authenticate an instrument for registration, its execution shall be acknowledged by the maker, or proved by two subscribing witnesses at least. If the person executing the instrument resides or is within the State, the acknowledgment shall be made before the clerk or legally appointed deputy clerk of the County Court of some county in the State. A notary public may also take acknowledgment of deeds. If the person executing the instrument resides, or is beyond or without the limits of the State, but within the Union or its territories, the acknowledgment may be made: before any court of record, or the clerk of any court of record in any of the states of the Union; or before a commissioner for Tennessee, appointed by the Governor, in any state or territory of the Union; or before a notary public of such state or territory. If the person executing the instrument resides, or is beyond the limits of the Union and its territories, the acknowledgment may be made: before a commissioner for Tennessec appointed in the country where the acknowledgment is made, or before a notary public of such country, or before a consul, minister or ambassador of the United States in the country where the acknowledgment is made. In all deeds where wife is a party to the conveyance, she must be examined apart from her husband.

The instrument and the various certificates must then be registered in the register's office of the county where the land lies, and this will be notice to all parties what

soever.

VII. DEPOSITIONS:

Except in rare cases, all proof in chancery cases is by depositions. Any court or justice of the peace before whom an action is pending may make orders and issue commissions to take depositions, upon the application of either party, whenever the facts are made to appear by oath or otherwise, and an order or commission is necessary. The clerk or deputy clerk of any court of record may in like manner, make the order or issue the commission to take depositions upon a proper case made out. The court, or justice thereof, also may, on good cause

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