who may have received usurious interest from their principal or debtor, the amount over and above the legal rate of interest so received; and this excess of interest in all cases constitutes a fund in the hands of the usurer for the payment of the demands of bona file creditors. Execution issues against the real or personal property of the defendant immediately after the rendering of the judg ment, and may be levied and a bond taken by the officer, with security for the delivery, on or before the first day of the term of court succeeding that in which execution issued of sufficient prop: erty to satisfy the judgment; and in the event of the forfeiture of this bond, a writ authorizing a sale issues against defendant's property, and that of his surety, or the officer may proceed to sell under the original execution, and in case the amount is not raised by the second term after judgment, defendant and his sureties are liable. Imprisonment for debt does not exist.

TEXAS.-The constitution of this State expressly forbids the arrest of any person for debt. Attachments can be issued only against property, except in cases of fraud. An attachment may be sued out against a debtor when a summons to answer to a civil suit shall be returned by the sheriff, the debtor not being found in the county; and the attachment may be levied upon the property, real or personal, of said debtor. To obtain a writ of attachment, plaintiff or his agent must make an affidavit to the effect that the defendant is justly indebted to him in the sum claimed; that the defendant does not reside within the State, or that he is about to remove therefrom; or that he secretes himself, so that process cannot be served; or that he is about to remove his property out of the State, and that the attachment is not sued out for the purpose of injuring the defendant. The judges and clerks of district courts and justices of the peace may issue original attachments, returnable to their respective courts. When making the affidavit, plaintiff, with two or more sureties, must give a bond, in double the amount due, conditioned that he will prosecute the suit to effect, and that he will pay such damages as may be adjudged against him for wrongfully suing out such attachment. Writs of sequestration may issue under the fol lowing circumstances, viz: 1st. When a person sues for the title or possession of a slave, or other movable property or chattels, and makes affidavit that he fears the defendant, or party in possession thereof, will injure or ill tront such slave, or waste such property, or remove the same out of the State during the pendency of tho suit 2dly. When a person sues for the foreclosure of a mortgage, or the enforcement of a lien upon a slave, or other movable property, and swears that he fears the defendant will injure such slave, or waste such property, or remove such slave or property out of the county. 3dly. When any person sues for the title or possession of real property, and makes oath that he fears the defendant, or party in possession thereof, may make use of his possession to injure

such property, or to waste the fruits and revenue produced by the same or convert them to his own use. 4thly. When any person sues for the title or possession of any property from which he has been ejected by force or violeuce, and shall make affidavit of such facts. and 5thly. When a married woman sues for a divorce, and makes oath that she fears that her husband will waste her separate or their common property, or the fruits of revenue produced by either, or remove the same out of the State during the pendency of the suit.

ICWA-Arrest for debt cannot take place in this State, excep on proof of fraud. Attachment may issue by the clerk of a district court in an action founded on contract, provided that plaintiff makes an affidavit stating as near as possible the amount due him by defendant: that he has good reason to believe the defendant is about to dispose of or remove his property with intent to defraud his creditors; that he has absconded or secreted himself, so that process cannot be served upon him; or that he is a non-resident of the State. The writ may be levied upon defendant's estate, real or personal, found in the county; or upon so much of the same as may be safficient to satisfy the debt, together with interest and costs of suit.

WISCONSIN.-Imprisonment for debt does not exist. Attachment may issue when the amount claimed exceeds one hundred dollars over and above all effects, upon an affidavit by plaintiff to the effect that defendant is indebted to him in the sum claimed, and that said sum is due on contract, express or implied, or upon judg ment or decree; that plaintiff knows or believes that defendant has absconded or is about to abscond from the State, or that he has concealed himself to delay and injure his creditors; or that he has assigned, concealed, or otherwise disposed of his property, for the purpose of defrauding his creditors; or that he has removed or is about to remove property from the State with the like intent; or that he fraudulently contracted the debt; or that he has fraudu lently conveyed or disposed of his property, or a part of it, or is about to do so, with intent to defraud his creditors; or that he is a non-resident of the State, or is a foreign corporation Attach. ments may issue in these cases when the amount claimed by plain tiff in the affidavit exceeds five dollars over and above offsets, and the defendant resides in another county, and over one hundred miles from the office of the Justice.

CALIFORNIA. No female can be arrested in any civil action. A debtor may be arrested when fraud has been employed in incurring the debt; or when he has concealed, removed, or disposed of his property, or is about to do so, with intent to defraud his creditors. Before attachment can issue, plaintiff or his agent must prove the facts set forth in his affidavit; he must also execute a guarantee with two or more sureties, to pay defendant ali costs and damages

that may be sustained in consequence of the arrest, t: the amoum! of at least two hundred dollars. The officer serving the writ must notify the plaintiff when the arrest is made. Defendant may demand an immediate trial, and it must be had within three hours, (unless the trial of another action is pending,) otherwise defendant is discharged. If the plaintiff obtain judgment in this trial, he may obtain another arrest on the same ground as the first. De fendant may be discharged upon giving an undertaking, with two satisfactory sureties, binding themselves in the amount named in the order of arrest, that he will render himself amenable to the process of the Court. Attachment may issue against the property real or personal, of a debtor for an obligation founded on contract for the payment of money in the State, whether the contract was made in the State or not. In cases of attachment, it matters not whether plaintiff or defendant be a citizen or an alien, so long as the demand grows out of a California contract. When a sale on execution takes place, the personal estate must be first disposed of; then the real property, or so much of it as is requisite to satisfy the demand. The debtor may at any time, within six months after the sale, redeem all real estate, except leasehold, of unexpired terms of less than two years, by paying the amount for which it was sold, with eighteen per cent. interest thereon. The purchaser is entitled to receive rent from any person who may be in possession, except the debtor.

MINNESOTA. The constitution of this State expressly forbids the arrest of any person for debt. Attachments can be issued only against a debtor when the plaintiff or complainant shall seek to charge the defendant with fraud, the concealment of goods, property, or money, or with bad faith, touching any pecuniary or business transaction, such plaintiff or complainant shall, in all such cases, be left to his suit against the defendant, in and by which, in his pleadings, he shall charge the defendant with such fraud, concealment, &c., in as clear and distinct a manner as the case shall permit, to which the defendant shall answer or plead, and the facts arising or elicited upon such pleadings, and the accompanying evidence, shall be submitted to the jury, as in criminal cases. The plaintiff, in an action to recover the possession of personal prop erty, may, at the time of issuing the summons, or at any time before answer, claim the immediate delivery of such property. When a delivery is claimed, an affidavit aust he made by the plain. tiff, or by some one in his behalf, showing: 1. That the plaintiff is the owner of the property claimed, (particularly describing it,) or is lawfully entitled to the possession thereof, the facts in respect to which must be set forth. 2 That the property is wrongfully detained by the defendant. 3. The alledged cause of the detention thereof, according to his best knowledge, information, and boliof 4. The actual value of the property. The plaintiff may, thereupon

by indorsement in writing upon the affidavit, require the Sheriff of the county where the property claimed may be, to take the same from the defendant and deliver it to the plaintiff.

OREGON. A debtor may be arrested in this State, if the creditor can prove on oath that the said debtor is not a resident of the State, or has departed therefrom, or that there is good reason to believe that he is about to leave the State, with the intent to delay or defraud his creditors, or to avoid the service of a summons; or that he has assigned, secreted, or disposed of, or is about to assign secrete, or dispose of his property, or any part thereof, with the intent to delay or defraud his creditors; or, that the debt was fraudulently contracted.

Before executing a writ, the Sheriff to whom it is directed shall require a written undertaking, on the part of the plaintiff, with one or more sureties, in a sum not less than one hundred dollars, nor exceeding the amount claimed by the plaintiff, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking.

DISTRICT OF COLUMBIA.-No person can be imprisoned on any judgment rendered by a single magistrate, or in any case where the judgment, exclusive of costs, shall not exceed twenty dollars; but that in such cases execution shall be only on the goods and chattels of the debtor, and shall issue by order of the justice who may have taken cognizance of the action, from the clerk's office, and shall be returnable thereto. Attachments may issue against the property of absconding debtors, and others, whose persons cannot be arrested.

KANSAS.-No person in this State can be arrested, held to bail, or imprisoned for debt. Creditors, however, whose demands amount to fifty dollars, may suc their debtors in any court having jurisdiction of the subject matter, by attachment, in the following cases: First. Where the debtor is not a resident of, nor resides within this State. Second. Where the debtor conceals himself, so that the ordinary process of law cannot be served upoa him. Third, Where the debtor has absconded or absented himself from his ordinary place of abode in this State, so that the process of law cannot be served upon him. Fourth. Where the debtor is about to remove his property or effects out of this State, with the intent to defraud, hinder, or delay is creditors. Fifth. Where the debtor has fraudulently conveyed or assigned, ot fraudulently concealed or disposed, or is about, fraudulently, to convey or assign his property or effects, so as to hinder or delay his creditors. Sixth. Where the debt was contracted out of this State, and the debtor has absconded or secretly removed his property or effects into this State, with the intent to defraud

hinder, or delay his creditors. An affidavit, alleging any one of these causes, shall be held and adjudged good and suficient.

NEBRASKA-Any person may be arrested in this state for debt, and an attachineut may issue when any person or persons shall file an affidavit before any judge or justice of the peace, sta ting the nature of the plaintiff's claim, that is just, and the amount thereof, as nearly as may be, and establishing one or more of the following particulars. First. That the defendant has removed, or begun to remove, any of his property out of the jurisdiction of the court, with intent to defraud his creditors; that he has begun tc convert his property, or a part thereof, into money, for the purposs of placing it beyond the reach of his creditors; that he has property, or rights of action, which he fraudulently conceals; that he has assigned, removed, disposed of, or has begun to dispose of his property, or a part thereof, with intent to defraud his creditors; that he fraudulently contracted the debt, or incurred the obligation, for which suit is about to be, or has been brought. The affidavit shall also contain a statement of the facts claimed to justify the belief in the existence of one or more of the above particulars.

The order of arrest shall not be issued by the clerk of the court, until there has been executed, by one or more sufficient sureties of the plaintiff, a written undertaking, to the effect that the plaintiff shall pay to the defendant all damages which he may sustain by reason of the arrest, if the order be wrongfully obtained, not exceeding double the amount of the plaintiff's claim stated in the affidavit.

UTAH.-Attachments may issue within the limits of this terri. tory, when any person or persons shall file an affidavit in any of the courts of this territory that some person or persons are about to leave the county or territory, removing their effects with the intention, he believes, of defrauding his, her, or their creditors, and that such person or persons are indebted to him, her, or them, either by note or book account, and are about to leave without paying the same, the court shall issue a writ of attachment upon the goods, chattels, and effects, of such person or persons, and such goods, chattels, and effects shall be held to pay the debt and costs, if, upon a trial, judgment shall be rendered against the defendant The writ of attachment may be directed to any and all persons that shall be owing the said defendant when there is not sufficient property found to satisfy the debt and costs; and any such person, so notified or served with an attachment, shall be held liable to the amount of his indebtedness.

WASHINGTON.--Attachments may issue against a debtor when he does not reside within the limits of this territory; when he secretes himself to avoid process; when he has removed, or is about to remove his property, or a material part thereof; when he is