mother, in equal portions, but if only a single parent survive the intestate, the estate shall be divided into two equal portions, one of which shall pass to such survivor, and the other to brothers and sisters of the deceased and their descendants; but if there be none such, then the whole estate shall be inherited by the surviving father or mother. If there be neither father nor mother, then the whole of such estate shall pass to the brothers and sisters of the intestate, and to their descendants or to such of them as there be. If there be none of the kindred aforesaid, then the inheritance shall be divided into two moieties, one of which shall go to the paternal and the other to the maternal kindred, equally, in upward and collateral order ad infinitum.

When any person, having title to any estate of inheritance, real, personal, or mixed, shall die intestate as to such estate, and shall leave a surviving husband or wife, the estate of such intestate shall descend and pass: One-third to the survivor and the balance to the child or children of deceased, and their descendants-the survivor shall also be entitled to an estate for life, in one-third of the land of the intestate, with remainder to said child or children and their descendants. If the deceased have no child or children, or their descendants, then the survivor shall be entitled to all the personal estate, and to one-half of the lands of the intestate, without remainder to any person or persons, and the other half shall pass and be inherited according to the rules of descent and distribution, as before prescribed; provided, however, that if the deceased have neither surviving father nor mother, nor surviving brothers and sisters, or their descendants, then the surviving husband or wife shall be entitled to the whole of the estate of such intestate, real, personal, and mixed.

All property belonging to the community estate of the husband and wife goes to the survivor, if there be no child or children of the deceased or their descendants. When there are such descendants the survivor is entitled to one-half and the other half passes to the children. No right of inheritance accrues to any person whatsoever other than to children or lineal descendants of the intestate, unless they be in being and capable in law to take as heirs at the time of the death of the intestate. XII.

EMINENT DOMAIN:

No person's property can be taken, damaged, or destroyed for, or applied to public use without adequate compensation being made, unless by consent of such party; and when taken, except for the use of the State, such compensation must be first made, or secured by a deposit of money; and no irrevocable or uncontrollable grant of special privileges or immunities can be made by the legislature, but all privileges and franchises granted by it or created under its authority are subject to the control thereof. By the term "property," as above used, is meant not only the tangible thing owned, but every right and incident which accompanies the ownership. The benefits and losses which the party injured receives and sustains in common with the community in general are excluded from the estimate in ascertaining the amount of the damage..

XIII. EXECUTIONS:

Executions may be issued upon any final judgment immediately after adjournment of court. If the court continues for a longer period than three weeks execution may be issued at any time after the expiration of twenty days from the rendition of such judgment. The issuance and execution of the judgment may be suspended by the unsuccessful party appealing or suing out a writ of error and filing a supersedeas bond. Without regard to the adjournment of court or the time that may have elapsed, provided the case has not been removed to an appellate court, execution may issue upon the filing of an affidavit that the party against whom a judgment for money other than costs only has been rendered, is about to remove his property out of the county or is about to secrete or transfer his property for the purpose of defrauding his creditors.

XIV. EXEMPTIONS:

The following property is reserved to every family and is exempt from forced sale: All household and kitchen furniture; lot or lots in a cemetery held for the purpose of sepulture; all implements of husbandry; all tools, apparatus and books belonging to any trade or profession; the family library and all family portraits and pictures; five milch cows and their calves; two yoke of work oxen, with necessary yokes and chains; two horses and one wagon; one carriage or buggy; one gun; twenty hogs; twenty head of sheep; all bridles, saddles and harness necessary for the use of the family; all provisions and forage on hand for home consumption; and all current wages for personal services.

There is reserved to others who are not constituents of a family: Lot or lots in a cemetery held for the purposes of sepulture; all wearing apparel; all tools; apparatus belonging to any trade or profession: one horse, saddle and bridle; and current wages for personal services. XV. HOMESTEAD:

By the constitution of 1876, the homestead of a family

not in a town or city consists of two hundred (200) acres of land, which may be in one or more parcels, with improvements thereon. In a city, town or village it consists of a lot or lots not to exceed five thousand dollars in value at the time of their designation as the homestead, exclusive of improvements, provided the same be used as the home, or as a place to exercise the calling or business of a head of a family. The homestead is protected from forced sale or voluntary incumbrance except for taxes, or for the purchase money, or for improvements thereon, and in this last case, only when the work and materials are contracted for in writing, with the consent of the wife, given in same manner as required in making a sale of homestead.

In case of death of the husband, the widow and children have one year's support from the estate. allowance therefor in no case to exceed one thousand dollars, and if the property exempt by law does not exist in kind, a sufficiency of the estate may be sold for cash, to raise allowance for homestead, not to exceed five thousand dollars, and for other exempt property not to exceed five hundred dollars.

XVI. INTEREST AND USURY:

On all written contracts, when no rate of interest is agreed on, interest is allowed at the rate of six per cent from maturity. Open accounts bear interest at the same rate from the first day of January after the same are made, provided some other rate has not been agreed on by the parties. Parties to any written contract may stipulate for any rate of interest not exceeding ten per cent on the contract; and if a greater rate is stipulated for the contract is void as to the whole of the interest. Judgments bear interest at the rate of six per cent, except where the contract upon which the judgment is founded bears a greater rate not exceeding ten per cent, in which case the judgment bears the contract rate.

Where usurious interest has been collected the person paying same can at any time within two years recover double the amount paid.

XVII. JUDGMENTS:

Unless execution is issued on a judgment within twelve months after its rendition, the judgment becomes dormant and must be revived before execution can issue thereon. Where execution has been issued within that time the judgment remains in full force for ten years, and executions may issue thereon at any time within the ten years.

Judgment Lien: When the abstract of a judgment has been filed, recorded and indexed in the book kept for that purpose in the office of the county clerk of any county, such judgment becomes a lien upon all of the debtor's real estate situated in the county where such record is made, except such as is exempt from forced sale. The lien continues for ten years. A transfer of a judgment, when acknowledged, as in the case of deeds, filed in the case in which the judgment was recovered, and the substance thereof noted on the margin of the minute book in which the original judgment is entered, operates as constructive notice to all persons.

In a suit against persons on partnership debt where the service has been had on only one member of the firm, judgment may be taken against the firm as well as the partner served, and will be good as against the partnership property and that of the member served. (See also "XIX. Limitations.")

XVIII. LIENS:

Mechanics, contractors, laborers and material men have liens for labor done or material furnished in the construction or repair of buildings, railroads, and other improvements, on such improvements and the land necessarily connected therewith to secure the payment of their debts, where such material and labor is furnished and done under contract with the owner, his agent, trustee, receiver, contractor or contractors.

Any person, firm, or corporation who may furnish material to any contractor, sub-contractor, agent or receiver to be used in the erection, improvement or repair of any building, railroad, or improvement, by giving written notice to the owner or his agent, of each and every item furnished, showing how much there is due and unpaid on each bill under said contract, at any time within ninety days after the indebtedness shall have accrued, may fix the lien as to the material furnished at the time or subsequent to the giving of notice by filing in the office of the county clerk of the county in which such property is situated, and if it be a railroad company in any county through which its road may pass, an itemized account of the claim and causing same to be recorded. But in no case can the owner be compelled to pay a greater sum than stipulated in the original contract between the owner and original contractor. The lien first mentioned above, given under contract between the owner or his agent, and the person furnishing material, etc., is fixed by the original contractor within four months, and all other persons within thirty days after such indebtedness accrues, filing and having said contract recorded. If the contracts above mentioned are not in writing, then the statute authorizes the filing of sworn accounts. The lien attaches to the building, improvements.

or railroad in preference to any prior lien upon the land. All persons except the original contractor or builder and the second class of lien-holders who furnish material to contractors, sub-contractors, etc., in order to fix their liens, must give at least ten days' notice in writing before filing the lien to the owner or agent, setting forth the amount and from whom same is due.

XIX. LIMITATIONS:

Suits to recover real estate must be instituted within three years next after the cause of action has accrued. Suits as against any person having peaceable and adverse possession, cultivating, using or enjoying the same and paying taxes thereon, and claiming under a deed or deeds duly registered, must be instituted within five years next after the cause of action has accrued.

Suits to recover land against a party having peaceable and adverse possession thereof, cultivating, using or enjoying the same, must be instituted in ten years.

Limitation does not run against any person under the age of twenty-one years, of unsound mind, or a person imprisoned. Up to the time of the passage of the act of April 1st, 1895, limitation did not run against married women, but that act provides it shall run against them after they arrive at the age of twenty-one years; provided, that their disability shall continue one year from and after the passage of said act.

The following actions must be commenced in one year: 1. For injuries done to the person of another. 2. For malicious prosecution or for injuries done to the character or reputation of another by libel or slander. 3. For damages for seduction, or breach of promise of marriage. 4. For injuries done to the person of another where death ensued from such injuries; and the cause of action shall be considered as having accrued at the death of the party injured.

All actions following must be commenced in two years: 1. Of trespass for injury done to the estate.or the property of another. 2. For detaining personal property of another, and for converting such property to one's own use. 3. For taking or carrying away the goods and chattels of another. 4. Actions for debt where the indebtedness is not evidenced by contract in writing. 5. Upon stated or open accounts, other than such mutual and current accounts as concern the trade of merchandise between merchant and merchant, their factors or their agents.

Suits against executors, administrators or guardians on their bonds must be commenced within four years after their death, resignation, removal or discharge.

Every action upon a judgment of a court beyond the limits of this State, is barred if barred in the State or country where rendered.

Actions for the specific performance of contracts for the conveyance of real estate must be commenced within ten years after the accrual of the cause of action. Dormant judgments must be revived in ten years from date of their rendition.

Motion against an officer for not returning an execution must be made within five years. Actions of forcible entry and detainer must be commenced in two years.

Actions to contest wills must be commenced within four years after the will has been admitted to probate and to set wills aside for forgery or other fraud, suit must be commenced within four years after the discovery of the fraud.

Death stops the running of limitations in all cases for twelve months or until a legal representative of the deceased has been appointed. Limitation does not run during the time party against whom the cause of action lies is absent from the State. Limitation must be specially plead.

All actions for which no limitation is prescribed become barred in four years.

XX. MARRIED WOMEN:

All property owned or claimed by the wife before her marriage and that acquired afterward by gift, devise or descent is her separate property; but during the marriage the husband has the sole management thereof. All property otherwise acquired during the marriage is the common property of the husband and wife.

The wife may contract debts for necessaries furnished herself and children, and for all expenses which may have been incurred by her for the benefit of her separate property.

Females under twenty-one years of age after marriage have the same rights and privileges as those who are twenty-one or over when married and are deemed of full

age.

A married woman can mortgage her separate property to secure the payment of her husband's debts. She must be joined by her husband in the execution of the instrument and it must be acknowledged by her in the same manner as in case of the conveyance of her real estate. XXI. MORTGAGES:

All property can be mortgaged, except the homestead. which can not be encumbered except for purchase money or improvements thereon in the manner stated under the head of "Exemptions." Mortgages on real estate must be recorded in the office of the county clerk in the county

where the land is situated. There is no right of redemption after sale under mortgages, deeds of trust or executions.

All instruments intended to operate as mortgages, or liens, upon personal property, which shall not be accompanied by immediate delivery and followed by continued possession of the property, are void as against the creditors of the mortgagor and subsequent purchasers and lienholders in good faith, unless such instrument or a true copy thereof shall be deposited with and filed in the office of the county clerk of the county where the property is situated, or if the mortgagor be a resident of this State, then in the county of his residence. A copy cannot be filed unless the original has been acknowledged and the copy has been compared by the clerk with the original and found to be a true copy thereof. A minute of such instruments must be made by the clerk in a book kept for that purpose, showing the time of its reception, name of the mortgagor, name of mortgagee or trustee, and cestui que trust, date of the instrument, amount secured, when due, and property mortgaged under such heads. Any form of lien attempted to be given by the owner of any stock of goods, exposed to sale, in the regular course of business and contemplating a continuance of possession of the goods and control of sale by such owner is void.

XXII. NOTES AND BILLS:

The holder of any bill of exchange or promissory note assignable or negotiable by law, may fix the liability of the drawer or indorser of such bill of exchange, and of every indorser of such promissory note, without protest or notice, by instituting suit against the acceptor of such bill of exchange or against the maker of such promissory note, before the first term of the District or County Court, to which such suit can be brought after the right of action accrues; or by instituting suit before the second term of court, after the right of action accrues, and showing good cause why suit was not instituted before the first term of court next after the right of action accrued. When the amount is within the jurisdiction of a Justice Court suit must be instituted within sixty days after the right of action accrues if it is desired to fix the liability without protest. The liability of the drawer or endorser of such bill of exchange or endorser of such promissory note may be fixed by protest according to the usage and custom of merchants. Three days of grace are allowed on all bills and notes assignable or negotiable by law. The obligee or assignee of any written instrument not negotiable by law, may transfer to another by assignment all interest which he may have in the same, and such assignee may maintain suit in his own name, but he shall allow every discount and defense against the same which it would have been subject to in the hands of any previous owner before notice of the assignment was given to the defendant; and in order to hold the assignor as surety for the payment of the instrument, the assignee must use due diligence to collect the same. Waiver of diligence cannot be shown by parole testimony.

Any party not primarily liable on any of the instruments above mentioned may be sued either jointly with his principal or alone, but no judgment can be rendered against him unless judgment shall have been previously or at the same time rendered against the principal obligor, except when the principal resides beyond the limits of the State; or when he cannot be reached by the ordinary process of law, or when his residence is unknown and cannot be ascertained by the use of reasonable diligence; or when he is dead or actually or notoriously insolvent. The genuineness of the assignment or endorsement cannot be put in issue unless it is specially plead and the party calling it in question files in the case an affidavit stating that he has good cause to believe and does verily believe the same is forged.

XXIII. SUITS:

All civil suits in the District and County Courts are commenced by petition filed in the office of the clerk of such court. In Justice Courts suit is commenced by filing demand and the issuance of citation.

All civil pleadings in the District and County Court s must be by petition and answer in writing, signed by the party or his attorney and filed by the clerk of the court. In order to compel an answer at the first term of court following service of process such service must be had ten days before the first day of said term of court.

The first day of the term in Justice Courts and the second day in District and County Courts is appearance day. The plaintiff is entitled to judgment by default in Justice Courts if the defendant has not answered by ten o'clock on appearance day, and in the District and County Courts if answer has not been filed before the call of the appearance docket on appearance day.

XXIV. TAXES:

Taxes are a lien upon land until paid. Taxes become delinquent on the first day of January next succeeding the year for which they are assessed. The owner has two years within which to redeem land sold for taxes. Non-residents may pay taxes to the State Comptroller at Austin and taxes due on lands situated in unorganized

counties may be paid to the tax collector of the county to which such unorganized county is attached by law or to the comptroller before the first day of January. Public property used for public purposes is exempt from taxation. XXV. WAGES:

Current wages for personal services are exempt from forced application to the payment of debts. (See also "XVIII. Liens.")

XXVI. WILLS:

Every person aged twenty-one years and upward, or who may be or may have been lawfully married, being of sound mind, has power to make a last will and testament under the rules below set out.

Execution and Attest: The will must be in writing and signed by the testator or by some other person by his direction and in his presence, and must, if not wholly written by himself, be attested by two or more credible witnesses above the age of fourteen years, subscribing their names thereto in the presence of the testator.

Any person who is competent to make a will may dispose of his property by a nuncupative will, subject to the following conditions and limitations: It must be made in the time of the last sickness of the deceased, at his habitation, or where he has resided for ten days next preceding, except when the deceased is taken sick from home and dies before he returns to such habitation. If the value exceeds thirty dollars such will must be proved by three credible witnesses establishing the fact that the testator called on some person to take notice or bear testimony that such will was his will, or words of like import

Action must be taken within four years after the death of the testator to probate the will if it be in writing. If it be a nuncupative will the same may be probated at any time after fourteen days and within six months, provided the substance thereof shall have been committed to writing within six days after the making thereof.

The County Courts have jurisdiction over such matters. Testamentary instruments of any character which have been probated in any state or territory of the United States, and recorded in the proper county are regarded as muniments of title to land in this State conveyed thereby. The will may be contested at any time within four years from its record, in a proper proceeding instituted for that purpose.

CORPORATIONS.

I. PURPOSES AND POWERS:

Private corporations may be formed for the support of all benevolent, religious, charitable, literary or scientific undertakings; construction and maintenance of public highways, ferries, bridges, railways and steamboat lines; manufacture, procuration and supply of all public necessities; establishment of markets and dealing in all commercial and agricultural products; for the buying and selling of real estate, houses, and stocks in companies either for manufacturing purposes, or for conducting insurance, exchange or financial business of any kind; for the organization of protective insurance, exchange or trust companies or associations; the acquiring, prospecting, development and operation of mineral lands; the building, maintenance and operation of lines of road to or from mines, quarries, gins, or mills, and to condemn land necessary for such road from between such mine. quarry, gin or mill and the nearest line of railroad.

II. CAPITAL STOCK:

The capital stock of a corporation may be increased to any amount not to exceed double its authorized paid capital. Corporations may borrow money to an amount not exceeding their authorized capital stock.

III. LIABILITY OF STOCKHOLDERS:

The liability of stockholders is the amount of their unpaid stock. Directors who knowingly declare and pay any dividend when the corporation is insolvent, or any dividend the payment of which would render it insolvent, are jointly and severally liable for all of the debts of the corporation then existing and that are thereafter contracted, as long as they continue in office. The amount for which they are so liable, however, can not exceed the amount of such dividend. Directors who file with the secretary of the corporation their objections to the action of the other directors, are not liable provided they objected to the making of the dividend at the time it was declared or were absent at that time.

IV. RECORDS AND REPORTS:

Books shall be kept wherein are to be recorded all business transactions, and be open to the inspection of all

stockholders.

When required by one-third of the stockholders, the directors shall report in writing of the condition of the corporation, and shall declare dividends, etc. The stock is deemed personal estate and is transferable only on the books of the corporation, as the by-laws declare. The

board of directors may require the subscribers to the capital stock to pay amount subscribed as may be required by the by-laws. Stock may be forfeited when a stockholder shall neglect to pay his installments after being notified.

Conveyances executed by corporations must be under the corporation's seal. Deeds must be executed by the president, or some other person, acting under authority from the directors of the corporation.

V. FOREIGN CORPORATIONS:

Before foreign corporations can do business in this State they are required to file certified copies of their charters with the Secretary of State at Austin, and procure permits. In the event of their failure to do so they can not maintain suits in the courts of this State. Corporations chartered under the laws of this State can acquire and own such property as is necessary in carrying out their charter purposes, and generally to enter into such obligations as are essential to the transaction of their authorized business.

I. MINERAL LANDS:

MINING.

An act passed at the session of the last Legislature (1895), to promote the development of the mining resources of Texas, and repealing all laws in conflict with the same, provides: That all public school, university, asylum and public lands specially included under the operation of this act, all the lands containing valuable mineral deposits now owned by the State and situated within the reservation known as the "Pacific Reservation," which were taken off the market and reserved from sale by an act approved January 22, 1883, are hereby reserved from sale or other disposition, except as herein provided, and are declared free and open to exploration and purchase under regulations prescribed by law, by citizens of the United States and those who have declared their intention of becoming such: Provided, that all who have located and recorded valid claims under previous valid laws and have not abandoned but are engaged in developing the same, shall have a prior preference right for ninety days after the passage of this act in which to relocate same under this act. It shall be the duty of the Commissioner of the General Land Office immediately upon the passage of this act to have a map made showing the location of all public school, university, asylum and public lands which are unsold at that date, and it shall be the duty of the geological and mineralogical survey to examine all such lands as soon as practicable thereafter, and to designate such tracts as are apparently mineral bearing as mineral lands for the purposes of this act. If mineral lands are afterwards claimed to exist at other locations than are so designated they shall also be examined and classified accordingly. It shall be the duty of the commissioner of the general land office to unite a suitable number of these mineral locations into mining districts, in each of which shall be a surveyor, who must either be the surveyor of the district or county or a regular appointed deputy and an officer qualified to administer oaths.

II. LOCATION AND RECORD:

A mining claim upon veins or lodes of quartz or other rocks in place bearing silver, gold, cinnabar, lead, tin, copper and other valuable metals, excluding deposits of kaolin, baryta, salt, marble, fire clay, iron ore, coal, oil, natural gas, gypsum, nitrates, mineral paints, asbestos, marls, natural cement, clay, onyx, mica, precious stones or any other non-metallic mineral, and stone valuable for ornamental or building purposes or other valuable building material, may equal but shall not exceed one thousand five hundred feet along the mine or vein or lode. No such claim shall exceed twenty-one acres in total area. The end lines of each claim shall be parallel to each other, and all claims shall be in the form of a parallelogram or square, unless such form is prevented by adjoining rights or boundaries of the section in which the claim lies. The locator under this act shall be entitled to the use of all the superficial area between the enclosing lines of the claim, and to all minerals thereon and between the side and end lines, extending downwards vertically, until the rights secured by posting are forfeited as provided; and in all conflicts priority of location shall decide.

The locators of any mining claim shall post up in a conspicuous place at the center of one of the end lines of the same a written notice, stating the name of the location, the claim and date of posting, and describe the claim by giving the number of feet in length and width and the direction the claim lies in length from the notice, together with the section, if known, and the county, and describe the corners, at which shall be placed stone monuments, so that they can be readily found.

The locator shall, within three months after the date of posting the required notice, sink a shaft at least ten feet in depth by four feet square, or a tunnel of the same dimensions ten feet in length, or an open cross cut twenty feet in length, four feet or more wide and ten feet in

relief be granted he shall at once forward his order to that effect to the surveyor, who shall file the same for record in his office.

VIII. SALE OF LANDS:

Whenever any application shall be made to buy or obtain title to any of the lands embraced in this act, except where the application is made under this act, the applicant shall make an oath that there is not, to the best of his knowledge and belief, any of the minerals embraced in this act thereon, and when the commissioner has any doubt in relation to the matter he shall forbear action until he is satisfied. Any such sale or disposition of said lands shall be understood to be, with the reservation of the minerals thereon, subject to location as herein provided.

IX. PLACER CLAIMS:

Claims usually called placers, including all forms of metallic deposits, excepting veins of quartz or rock in place, shall be subject to entry and patent under like circumstances and conditions and upon similar proceedings as are provided for vein or lode claims. All placer claims located shall conform as near as practicable with existing surveys and their subdivisions, and no such location shall include more than forty acres for each individual claimant, and shall not exceed three hundred and twenty acres for any association of persons. The price which shall be paid for such placer shall not be less than ten dollars per acre, together with all costs of proceedings as before provided.

X. MILL SITES:

Where non-mineral land not contiguous to the vein or

lode is desired by the prospector of such vein or lode for mining or milling purposes, such non-adjacent surface ground may be embraced and included in an application for a patent for such vein or lode, and the same may be patented therewith, subject to the same preliminary requirements as to survey and notice as are applicable to veins or lodes; but no location of such non-adjacent lands shall exceed ten acres, and payment for the same must be made at the same rate as fixed by this act for the superficies of the lode. The owner of a quartz mill or reduction works, not owning a mine in connection therewith, may also receive a patent for a mill site, as provided in this section.

XI. TIMBER RIGHTS:

Any owner or worker of mining claim under this act is authorized to fell and remove for building and mining purposes any timber or any tree growing or being upon unoccupied lands as heretofore described, said lands being mineral and subject to entry only as mineral lands, under such rules and regulations as may be prescribed for the protection of timber and undergrowth upon such lands, and for other purposes.

XII. OATHS AND CERTIFICATES:

For the purpose of effectually carrying out the provisions of this act all county or district surveyors are especially authorized and empowered to administer oaths, take affidavits and make certificates thereof: And it is also provided that all laws and parts of laws in conflict with the act, or any part thereof, are especially repealed.

There is but one form of civil action. The action must be prosecuted in the name of the real party in interest, except that an executor, administrator or trustee of an express trust may sue in his own name. Actions are commenced by filing a written complaint, or, if in Justices' Court, by filing a copy of the note, account or other instrument sued on. Summons may issue at the time of filing the complaint or at any time within one year thereafter, and must be served by leaving a copy thereof with the defendant, or with some person over the age of fourteen years at the usual place of residence of the defendant. Provision is made for service by publication in certain cases. Non-resident plaintiffs may be required to give security for costs.

II. ALIENS:

No restrictions against aliens acquiring and holding real

property in Utah. Non-resident foreigners must make claim to succession within five years after the death of the decedent to whom succession is claimed. III. APPEALS:

Appeals may be taken from judgments rendered by justices of the peace or a Police Court to the District Court within thirty days after the rendition of the judgment. Undertaking on appeal must be given with sufficient sureties in the sum of one hundred dollars for the payment of costs, and in order to stay execution the undertaking must be in a sum double the amount of the judgment and costs. The trial in the District Court shall be de novo, and shall be final, except in cases involving the validity or constitutionality of a statute.

Appeals from the District Court to the Supreme Court may be taken within one year after the entry of a final judgment in the action, or special proceeding commenced in the court in which the same is rendered. From an order granting or refusing a new trial; from an order granting or dissolving, or refusing to grant or dissolve, an injunction; from an order dissolving or refusing to dissolve an attachment, and from appealable interlocutory judgment or orders, the appeal must be taken within sixty days after the entry of such order or judgment.

The plaintiff at the time of issuing the summons or at any time afterward may have the property of the defendant attached in an action upon a judgment or upon a contract which is not secured by any mortgage or lien upon real or personal property in this State; or, if originally so secured and the security, without any act of the plaintiff or of the person to whom the security is given, has become valueless; upon substantially the same grounds as in other states; and upon filing affidavit, and indemnity bond conditioned in favor of the defendant. In certain cases attachment may issue before maturity of the debt.

VI. CLAIMS AGAINST ESTATES:

Relatives of deceased are entitled to administer the estate only when they are entitled to succeed to estate or some portion thereof. The surviving partner must in no case be appointed administrator of his deceased partner's estate. When objection is made by any person interested a married woman must not be appointed an administratrix, or, if administratrix marries, letters to her may be revoked. Every executor or administrator must immediately after being appointed cause to be published a notice requiring all persons having claims against the estate to exhibit them with the necessary vouchers, within ten months after the first publication of said notice, or, if the value of the estate is less than three thousand dollars, claims must be presented within four months. If the claims be not presented within the time designated they shall be forever barred, with the exception that, if it be made to appear by affidavit of claimant, to the satisfaction of the court, that the claimant had no notice