creditors, if competent and willing to take it. If no such creditor, letters may be granted to such other person as the county judge may think proper. Administrator must give bond, with sureties as the judge shall direct, also to make full return, within three months after his appointment, of property if discovered, which must be appraised by two or more disinterested persons. Personal estate is first chargeable with payment of expenses and debts, next real estate. Commissioners are appointed before whom creditors can appear and prove their debts; must give notice, within sixty days after appointment, of time and place of meeting and the time limited for proving claim. Time allowed shall not exceed eighteen months, nor be less than six months, to prove claims. Under special circumstances time may be extended so that whole time shall not exceed two years from time of appointment of commissioners. On application of a creditor who has failed to present his claim, if made within six months from time previously limited, the court may, on good cause shown, renew the commission and allow further time not exceeding three months. Time for payment of debts ordinarily is one year to eighteen months, and may be extended by the court, not exceeding six months at a time, for six years. Debts must be paid in the following order: 1. Necessary funeral expenses; 2. Expenses of last sickness; 3. Debts having a preference by laws of the United States; 4. Debts due to other creditors. No creditor of any one class shall receive payment until all of those of preceding class shall be duly paid.

COMMENCEMENT AND NOTICE

OF SUIT.

ALABAMA.-Process for the commencement of suit in the Circuit Courts must be served on the debtor at least twenty days before the first day of the term.

ARKANSAS.-In suits before a justice of the peace, five days' service on the debtor is necessary; and in the Circuit Courts, the writ must be served ten days prior to the first day of Court. In chancery suits, writs must be served twenty days prior to the first day of the term to which suit is brought.

CALIFORNIA-If suit is brought in the District Courts, the debtor is required to appear and answer within ten days if served in the county from which the summons issues; within twenty days if served out of the counts, but within the same judicial district; and within forty days in all other cases. If the action

be brought in Justice's Court, the debtor is required to appear in not less than three nor more than ten days from date of the summons. In case of arrest he must be required to appear forthwith.

COLORADO.-If the process is returnable to a Justice of the Peace, it must be served at least five days before the trial day which is therein fixed. Process returnable to other Courts than Justices' must be served at least ten days before the first day of the next term of the Court. Non-residents, on entering suit, are required to file a bond for costs. In all actions brought on any bond, bill, promissory note, or other instrument in writing, given for the direct payment of money, or upon any book account, before the debtor shall be permitted to plead or demur to the declaration, he shall file an affidavit, stating therein that he has a meritorious defence to the return, and shall give in it a substantial statement of his defence.

CONNECTICUT.-Process returnable to a Justice of the Peace must be served at least six days before the trial day which is therein fixed. Process returnable to other Courts than a Justice's, and all trustee process, must be served at least twelve days before the first day of the next term.

DELAWARE.-Summons in Justice Courts may be issued forth. with, and are returnable within fifteen days from date of issue. In Superior Court the summons must be served personally on debtor before Court sits, or by leaving a copy of the summons at his usual place of abode, in presence of some white adult person, six days before Court sits.

DISTRICT OF COLUMBIA.-Every civil action shall be com menced by filing in the Clerk's office a bill of information, bill, petition, or declaration, as the case may be, with the deposit for costs, and the creditor shall be entitled to judgment, unless the debtor pleads on or before the first special term of the Court occurring twenty days after service of notice. In any action arising on contract, if the creditor shall file, at the time of bringing his action, an affidavit setting out distinctly his cause of action and the sum he claims to be due, exclusive of all off-sets and just grounds of defence, he shall be entitled to a judgment for the amount claimed, with interest and costs, unless the debtor shall file, along with his plea, an affidavit of defence, denying the right of the creditor to the whole or some specified part of his claim, and stating in precise and distinct terms the grounds of his defence.

FLORIDA.-Summons must be served thirty days before judgment can be taken against the debtor. Either party may give notice of trial eight days before Court, and the party giving no

tice may bring the issue to trial at the first term of the Court, and on proof obta1n judgment.

GEORGIA. In the Superior Court, petition must be filed and process issued twenty days, and served fifteen days before the Court meets. In the City Court of Savannah, petition must be filed and process issued fourteen days, and served ten days before the Court meets. City Court of Augusta about the same as in City Court of Savannah, City Court of Atlanta same as in Superior Court. In the Justices' Courts, suit is commenced by serving a copy of the summons, at least ten days before the first day of the trial.

ILLINOIS.-If the action is brought in the Circuit Court, the summons must be served ten days before the commencement of the term to which said process is returnable. Process in Justices' Courts is returnable not less than five nor more than fifteen days from date of the summons-which process shall be served at least three days before the time of trial mentioned therein.

INDIANA. In the Circuit Court and Court of Common Pleas, the action is commenced by filing the complaint, and causing a summons to be issued and served on the debtor, ten days before the first day of term. Judgments can be obtained before a Justice of the Peace in about one week. Summons must be served on debtor three days before the time fixed for trial.

IOWA. The process must be served in Justice Courts on debtor at least five and not more than fifteen days. In the District and Circuit Courts process must be served at least ten days before the first day of term.

KANSAS.-Actions before Justices of the Peace are commenced by summons or by argument and appearance of parties without summons. Summons is made returnable not less than three nor more than twelve days from the time it is issued, and must be served at least three days before appearance day. In District Courts suits are commenced by filing the petition, and causing summons to be issued, which must be served ten days from its date

KENTUCKY.-In ordinary proceedings for the collection of debts, the summons must be served two days before commencement of t e term in the county in which action is brought, and twenty days before commencement of the term, when served elsewhere in the State. In the Jefferson Court of Common Pleas, held at Louisville, summons must be served twenty days before judgment can be taken or answer required.

LOUISIANA.-Suits are begun by petition, and a copy thereof must be served on the debtor personaliy, or on his legal agent, or at his residence. The debtor then has ten days to answer the

petition, and if he fails to answer, the creditor is entitled to take a default, and, two judicial days thereafter, confirm the default and have final judgment. In Justices' Courts the pleas, or petition, may be verbal. Judgments inay be signed at once on rendition, and three days are then allowed for appeal.

MAINE.-Service of writs returnable to a Municipal Court or trial justice must be made at least seven days before the return day. In all other Courts the service must be at least fourteen days, and upon defendant corporations at least thirty days before the return day.

MARYLAND. When suit is brought before a Justice of the Peace, a summons is issued for the debtor, which is made returnable at a certain day, usually five or ten days after issue, and the case is ready for trial on that day if the debtor appears; but if he does not appear, then a day is fixed not less than six nor more than fourteen days therefrom, at which time, if he fails to appear, creditor is entitled to an ex parte trial. When suit is brought in the Circuit Court it is only necessary to give the Sheriff sufficient time before Court sits to serve the summons. It is prudent, however, to have a week. Suits in this Court stand for trial at the second term after they are brought. But if creditor makes affidavit to his claim, it obliges the debtor to file a plea under oath, and if he fails to do so, judgment by default is given against him. In Baltimore city, the secon Monday in every month (except August) is a return day for process.

MASSACHUSETTS.-Civil actions are commenced by original writs, which are framed to attach the goods or estate of the debtor, and, for want thereof, to take his body; or the writ may be an original summons, with or without an order to attach the goods or estate. Original writs issuing from the Supreme Judicial Court or the Superior Court, must be served fourteen days at least before the term at which they are returnable, and original writs issued by a Municipal or Police Court, or Justice of the Peace, must be served not less than seven, and not more than sixty days before the day on which they are returnable. Writs against municipal corporations must be served thirty days at least before the return day.

The

MICHIGAN --Summons must be served in Circuit Court fortyfive to sixty days before the first day of any term of Court time varies with the return day. In suits commenced by declaration (the common way), the declaration should be served at least forty days prior to the first day of the term at which judgment is desired. In all suits commenced by non-residents of the Stat, the writ or declaration must, at the time of commencement of suit, be indorsed by a resident of the State as security for costs. In Justice's Court summons may be returnable in not

less than six, nor more than twelve days from date of its issue. In some cases a short summons may be returnable in two days.

MINNESOTA.-Process to commence suit in the District Court must be served on the debtor twenty days before judgment can be taken by default. In Justice's Court the process may be made returnable any time from six to twenty days.

MISSISSIPPI. In a Justice's Court process must be served ten days before the Court sits-these Courts sit once a month. In Circuit Court, process must be served five days before Court sits.

MISSOURI.-The debtor has fifteen days after the summons has been served on him to appear in Justice's Court. In the Circuit Courts, all suits founded upon bonds, bills, or notes for the direct payment of money, where the summons is served fifteen days before the return day, are triable at the return term and the debtor must answer or demur before the second day of the term.

NEBRASKA-Process of summons, replevin and attachment issued by Justices of the Peace must be made returnable not less than three nor more than twelve days from its date Process issued by probate judge must be returnable on the first Monday of the month following the date of its issuance, if issued ten days before the first Monday, otherwise it must be made returnable on the first Monday of the month next succeeding. An action in the District Court is commenced by filing in the office of the Clerk of the Court, a precipe, and causing a summons thereon. The return day of the summons is the second Monday after the day of its date. Where service of the summons is made personally on the debtor, he shall answer or demur before the third Monday. Ordinarily a cause can be brought to issue the fifth Monday after the filing of the precipe.

NEW HAMPSHIRE.-All process, if against individuals, must be served fourteen days, and upon corporations twenty-eight days, before return day thereof. No bonds re required in instituting a suit, but if the creditor is a non-resident, some person in the State must become responsible for costs by indorsing his name on the back of the writ.

NEW JERSEY.-Summons in Justices' Courts shall be served at least five days before the time of appearance mentioned therein, by reading the same to the debtor, and delivering to him a copy thereof. if he shall be found, and if not found, by leaving a copy thereof at his place of abode, in the presence of some free person of the family of the age of fourteen years, who shall be informed of the contents of the summons. In the Circuit Courts a copy of the summons must be served on the debtor in person, at least two entire days before its return day, or if at his dwell