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Jefferson MADIL ELBERT
Moriroq THORPE WILKÉS
Mona IRUTHAM HANCOCKS
Senaste i WSON
When the sum exceeds thirty dollars, they may make affidavit of the sum duo before any judge of the superior court, or justice of the inferior court in the county where the craft lies, and judgment may be entered thereon, and execution issue immediately.
If the sum be thirty dollars or under, then the same proceeding may be had before a justice of the peace.
Provision is made for proceedings when the claim is contested.
The same lien and expeditious proceedings are allowed to persons employed in steam saw-mills, to those furnishing timber or firewood, provisions or supplies therefor.
Also millwrights and builders of gold-machines in this state are entitled to the same lien, and the same method of enforcing it.
Chattel Mortgages. THESE must be proved by the affidavit of the subscribing witness, and recorded in the clerk's office of the superior court of the county in which the mortgager resided at the time of the execution of the mortgage, within three months from the date thereof.
Law regulating Contracts. No action shall he brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate; or whereby to charge the defendant, upon any special promise, to answer for the debt, de. fault, or miscarriage, of another person ; or to charge any person, upon any agreement made upon consideration of marriage; or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
No contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upward, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain or in part payment, or that some note or mem. orandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Limitation of Actions.
Infants, married women, persons insane, imprisoned, and beyond seas, have three years after the removal of such disability.
Actions upon the case, other than for slander, actions for account, for trespass, debt, detinue, and replevin, for goods and (chattels) cattle, and trespass quare clausum fregit, within four years.
Actions of trespass of assault, battery, wounding, and imprisonment, within two years.
Actions. upon the case for words, within six months after the words spoken.
Infants, married women, persons insane, imprisoned, and beyond seas, have the same times after their disability is removed.
Notes and instruments in writing, not under seal, within six years. Instruments under seal, within twenty years; actions on open account, within four years.
Actions on foreign judgments in five years.
Collection of Debts. ATTACHMENT.- In case of non-residence, or where both debtor and creditor reside without the limits of the state, the creditor may attach the real and personal property of the debtor in the state.
When a debt is not due, and the debtor is removing or about to remove without the limits of the state, and oath is made by the creditor, his agent, or attorney, of the amount due or to become due, and that the debtor is removing or about to remove out of the state, an attachment may issue against his property.
In all cases pending a suit, if the defendant place himself in such a circumstance as would, by the laws of the state, authorize an attachment, one may issue.
ARREST.-Any person imprisoned or arrested for debt, who shall make it appear to the court that he is insolvent, and shall deliver a schedule of his real and personal estate, debts, credits, and effects, and shall take the poor debtor's or insolvent's oath, shall obtain a discharge from imprisonment; and every debtor so discharged shall not be liable to be imprisoned on execution for any debt contracted before his discharge with any creditor having notice of his application for such discharge, nor shall he be arrested or held to bail in mesne process for any debt or contract entered into prior to his discharge.
Married women and widows are not liable to arrest for debt.
Deeds. DEEDS must be executed under hand and seal (scroll), in the presence of two or more witnesses, and acknowledged or proved before a justice of the peace, or the chief justice, or one of the assistant justices, or clerk of the superior court, and registered by the clerk of the court in the county where such lands lie, within twelve months from the date of such deed. Seven years undisturbed possession gives good title to land.
Deeds must be attested or proved before the clerk of the superior court, to be admitted to record. Deeds made out of the state may be admitted to record on affidavit of one of the subscribing witnesses before an officer in this state as in other cases. The wife joining must acknooledge and agree, before the chief justice, or any justice of the peace, or other officer, authorized to take the acknowledgment, on private examination, that she did, of her own free will and accord, subscribe, seal, and deliver the said deed, with an intention thereby to renounce, give up, and for ever quit-claim to her right of dower and thirds, of, into, and to, the lands or tenements therein mentioned.
Consuls and vice-consuls of the United States, duly appointed and recognised, may take such acknowledgment of persons being within their consulates, and certify the same under their official seals.
Form of Acknowledgment.
, } to wit: On this first day of October, one thousand eight hundred and fifty, before me personally came John Doe and Susan his wife, to me known to be the persons described in, and who executed the foregoing conveyance, and severally, acknowledged that they executed the same; and the said Susan, on private examination, acknowledged and agreed that she did, of her own free will and accord, subscribe, seal, and deliver the said deed, with an intention thereby to renounce, give up, and for ever quit-claim, her right of dover and thirds, and all ker other interest of, into, and to, the lands or tenements therein mentioned.
JOHN JONES, Justice of the Peace.
Rights of Married Women DOWER - The wife must make application for her dower within seven years from the time of her husband's death.
All conveyances of lands and tenements made by the husband alone during coverture shall convey the entire premises (except such lands as the husband is seized of by his intermarriage with his wife), any law, usage, custom, or rule of court, to the contrary notwithstanding; Provided, that nothing herein contained shall deprive the widow of her right to dower in all lands of which her husband may have died seized and possessed.
Rate of Interest. THE legal rate is seven per cent. If more be reserved, the party loses the entire interest.
Wills, THESE must be in writing, signed by the testator or some person in his pres ence and by his express direction, and attested and subscribed, in the presence of the testator, by three competent witnesses if to pass real estate, or two if personal property.
TEXAS_(SEE PAGE 271).
Rights of Married Women. ALL property, real and personal, owned or claimed by married women, or which may be owned or claimed at the time of marriage by any woman, or which she may acquire by gift, devise, or descent, shall be registered. A schedule thereof shall be made
out, particularly describing the same and acknowledged by her that the property described therein is her separate property, and recorded in the county or counties where it really lies, and if there be personal property, then also in the county where she resides.
Property so recorded can not be recovered by the creditors of the husband.
She has also a community of acquits, or joins with the husband in all property acquired during coverture, except that acquired by devise, gift, or descent. The community property may be sold by the
husband alone and is liable for his debts. DOWER.
The widow is entitled to the use of one third of the real estate for her life.
Rate of Interest. THE legal rate of interest where no rate is specified, is eight per cent. Parties may agree upon any rate as high as twelve per cent. Where more is reserved no interest can be recovered.
Wills. No parent can deprive his descendants by will of more than one fourth of his or her property. Wills
must be in writing, signed by the testator or by some other person in his presence, and by his direction; and moreover, if not wholly written by himself, be attested by two or more credible witnesses above the age of fourteen years, subscribing their names in his presence.