Arrest. The plaintiff may have the defendant arrested in the following cases: 1st. In an action for the recovery of money or damages on a contract, where the defendant is about to depart from the territory with intent to defraud his creditors, or when the action is for a willful injury to person, to character, or to property, knowing the property to belong to another. 2d. In an action for a fine or penalty, or for a breach of promise to marry, or for money or property embezzled, or fraudulently misapplied or converted to his own use by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent or clerk, by any other person in a fiduciary capacity, or for misconduct or neglect in office, or in a professional employment, or for a willful violation of duty. 3d. In an action for the recovery of personal property unjustly detained, when the property or any part thereof has been concealed or disposed of so that it can not be found by the executive officer of the Court. 4th. Where the defendant has been guilty of a fraud in incurring the obligation for which the action is brought, or in concealing or disposing of the property for the taking, detention or conversion of which the action is brought. 5th. When defendant has removed or disposed of his property, or is about to do so, with the intent to defraud his creditors.

Assignments.-Preferences are allowed. No statutes. The common law prevails.

Chattel Mortgages of personal property must be witnessed and acknowledged as deeds. Every mortgage of personal property is void as against creditors or subsequent purchasers unless accompanied by an actual or continued change of possession to the mortgagee, or unless the mortgage provide that the property may remain in the possession of the mortgagor and be accompanied by an affidavit of the parties that it is made in good faith to secure the amount named therein, and without any design to hinder or delay the creditors of the mortgagor. The mortgage, affidavit and acknowledgment must be recorded in the

office of the Recorder of the county where the mortgagor resides, and from the time it is filed for record, it is a lien on the property mortgaged until the maturity of the entire obligation for the security of which it was given, and for a period of ninety days thereafter; provided, the entire time shall not exceed one year. Personal property exempt by law from execution cannot be mortgaged, without delivery of possession of same to mortgagee, except as security for the purchase-money thereof.

Descent and Distribution of Property.-If decedent leaves a husband or wife, and only one child or the issue of one child, the estate goes one-third to surviving husband or wife for life, with remainder and other two-thirds to child; if there are more than one child or issue, etc., onefourth to surviving husband or wife for life, with remainder, and the other three-fourths to the children equally; if no children, the surviving husband or wife takes one-half of the estate, and the other half goes to the mother, unless the estate came from the father, when the other half goes to him; if there is no mother, it goes to the father, brothers and sisters equally. If there are no children, or husband, or wife, the whole estate goes to the mother; if there are no children, father, mother, brother or sister, the whole estate goes to the surviving husband or wife. There is no dower.

Divorce is granted for the following causes: (1) Impotence; (2) adultery; (3) willful desertion for more than a year; (4) willful neglect to provide necessaries; (5) habitual drunkenness; (6) conviction for felony; (7) extreme cruelty. Executions. Upon a judgment may issue at any time within five years after entry of judgment.

Exemptions.-Personal property as follows: chairs, tables, desks and books of the value of $100; household furniture, wearing apparel, one bedstead, etc., for every two persons, provisions and fuel for sixty days; farming implements, two oxen, horses or mules, and harness; cow and calf; one cart or wagon; food for animals for sixty days; seed-grain and vegetables worth $100; tools and implements of a mechanic or artisan, surgeon, physician, surveyor, and dentist, with their libraries; the law library of an attorney; the library of a minister; tent or cabin of a miner, with table, camp-stools, bed, necessary tools not exceeding $400 in value, and provisions for thirty days; two

oxen or horses or mules, and harness, and cart or wagon by which a cartman or laborer habitually earns his living, and food for animals for sixty days; horse, harness, and vehicle of physician, surgeon or minister; one sewingmachine, worth $100. If debtor is head of family, there is also exempt: five sheep and wool for every person in the family, two hogs, three pigs, and necessary food for sixty days; all flax and clothes; all spinning-wheels and looms; earnings for sixty days. Fire-apparatus, arms and public buildings are also exempt.

A homestead may be claimed by the head of a family in land to the value of $1,000; and the further sum of $250 for each member of the family.

Garnishment.-After return of an execution unsatisfied, or an attachment, the court or a judge may order any property or debt belonging to the judgment debtor, not exempt in the hands of a third party, to be held or applied on account of the judgment.

Interest.-Legal rate ten per cent., but any rate may be agreed upon.

Judgments are liens on real estate for two years. There must be from ten to forty days between service of summons and obtaining of judgment in district court, and two to ten days in justice's court. Judgment notes are not used.

Limitations expire in ten months after administration on claims against deceased persons; two years on book accounts; four years on notes; five years on judgments.

Married Women control their own separate estates. They may make contracts and sign notes in matters relating to their separate property.

Wills. All persons over 18 years of age, are competent to make wills of all their property, real and personal. Wills must be in writing subscribed by the testator, and attested by two or more witnesses in the presence of the testator and of each other.

SPECIAL LAWS OF VERMONT.

Arrest in civil actions can be made: (1) In all actions sounding in tort, except replevin, namely-trespass, case, and trover. Wherever, by reason of fraud in contracts of sale, the title has not passed, or the contract has been rescinded, trover will lie; and in cases of substantial fraud where no other remedy exists, case will generally lie. (2) In no action of contract, express or implied, except (1) upon affidavit of plaintiff, his agent or attorney, filed with authority issuing writ, stating that affiant has good reason to believe and does believe defendant about to abscond or remove from the State, and has value exceeding $20, or enough to satisfy the demand, secreted about his person or elsewhere. This is held to apply to a non-resident leaving the State. The defendant is entitled to immediate examination on question of absconding, etc., and of having said amount, etc., and to discharge from arrest in discretion of examining authority. In case of such discharge, the writ stands as in ordinary suit without arrest; and except (2) upon affidavit of plaintiff filed as above, stating that action is for money received by defendant in fiduciary capacity, and not paid over on demand. In the above cases the execution follows the writ in issuing against the body. No female can be arrested in action of contract.

Assignments-Must be for the benefit of all the creditors in proportion to their several claims. They must be acknowledged and a copy filed in the County Clerk's office. The assignment must be accompanied by an inventory of the property and a list of the creditors and the debts due to them. The assignee cannot be a creditor. He must execute a bond to the Probate Court of the county.

Under the Insolvent Law, the debtor, or any creditor, may petition the Probate Court. A full discharge is not granted unless the assets amount to 30 per cent. of the debts, or a majority of the creditors assent.

The wages of employes, clerks and house-servants, to the amount of $50, for work done within six months, are preferred to all other debts.

Chattel Mortgages-Must be recorded in the office of the Clerk of the city or town where the mortgagor resides. With it must be appended and recorded the affidavit of both parties, as follows: "We severally swear that the foregoing mortgage is made for the purpose of securing the debt specified in the conditions thereof, and for no other purpose whatever, and that the same is a just debt, honestly due and owing from the mortgagor."

No mortgagor can execute a second mortgage upon the same chattels, unless the fact of the existence of the first mortgage is set forth in the second mortgage. A violation of this is punishable with a heavy fine. No provision as to renewal.

Descent and Distribution of Property.--Estate as follows: The widow has one-third of the real estate as dower; if there are no children, she is entitled to the whole estate, if it does not exceed $2,000. If it exceeds that sum, she is entitled to $2,000, and one-half of the remainder, the other half descending in the same way as if there were no widow. Husband inherits from his wife in the same way. If there are no children or widow, the whole estate goes to the father; if no father, to mother, brothers and sisters in equal shares; if none of these, then to next of kin.

Divorce.-Causes: (1) Adultery; (2) sentence to imprisonment for three years or more; (3) intolerable severity; (4) absence of seven years and not heard of during that time; (5) willful desertion for three years; (5) willful neglect to provide necessaries.

The parties must have lived together as husband and wife within the State, and the applicant must have resided in the State one year next preceding the application.

The defendant, in case a divorce is granted, cannot marry again within three years; is liable to imprisonment for between one and five years.

Evidence. No person is disqualified as a witness by reason of interest as party or otherwise, but such interest may be shown as affecting credibility. A married woman, when a party with her husband, may testify, and when her husband is a party and she is not, she may testify in the following cases: 1st. In actions upon policies of insurance, so far as relates to the amount and value of the property in question. 2d. In actions against carriers, so