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Bonds, judgments, and decrees, are presumed to have been paid after the lapse of twenty years; such presumption being liable to be repelled by proof of paymeut in part, or written acknowledgment of the indebtedness.
Collection of Debts. ATTACHMENT.–Attachment may issue-1. Where the debtor does not reside within the state ; 2. Or conceals himself so that process can not be served upon him; 3. Or the debtor has absconded or absented himself from his usual place of abode in this state, so that process can not be served on him; 4. Or is about to remove his property out of the state, with the intent to defraud, hinder, or delay, his creditors; 5. Or has fraudulently conveyed or assigned his property, so as to hinder or delay his creditors. 6. Or has fraudulently concealed or disposed of his property, so as to hinder or delay his creditors; 7. Or is about fraudulently to convey or assign his property or effects, so as to hinder or delay his creditors; 8. Or is about fraudulently to conceal or dispose of his property, so as to hinder or delay his creditors; 9. Where the debt was contracted out of this state, and the debtor has absconded or secretly removed his property into this state, with the intent to defraud, hinder, or delay, his creditors. In the fourth, fifth, sixth, seventh, eighth, and vinth cases, attachment may issue though the debt be not due.
Before attachment can issue, affidavit must be made by the plaintiff, or some person for him, stating that the defendant is justly indebted to the plaintiff in the eum claimed, after allowing all just credits and off-sets : stating, also, on what account the debt was incurred and that affiant has good reason to believe and does believe the existence of one or more of the above causes, which entitle him to an attachment. Bond must also be given, with one or more securities, resident householders of the county in which the action is to be brought, in a sum at least double the amount of the demand sworn to. H the defendant puts in issue the truth of the affidavit, the plaintiff must prove the facts therein alleged as grounds of attachment.
N. B. Non-resident parties wishing to sue their debtors in this state by attachment, should send, with the demand, an affidavit setting out the above facts, and should also take measures to provide the requisite security.
Imprisonment for debt is abolished.
Deeds. EVERY conveyance of freehold estate must be subscribed and sealed by the grantor and acknowledged or proved (if in this state) before some court having a seal, or some judge, justice, or clerk thereof, or some notary public or justice of the peace of the county in which the land lies; if in the United States and out of this state before any oourt of the United States or of any state or territory having a seal or the clerk of any such court or commissioner for this state residing at the place where the acknowledge ment is takén; and in foreign countries, before any court of such country having a seal, or the mayor of any city having an official seal. Relinquishments of dower may be taken by the same officers, but acknowledgments of married women, when conveying their separate estate, can be taken only by some court, judge, or clerk, authorized to take acknowledgments in other cases.
A certificate thereof must be endorsed on the deed, under the hand and seal of the officer.
The deed should be recorded in the county where the land is situate. No deed is valid except between the parties thereto and such as have actual notice thereof, until the same is filed for record.
The person acknowledging must be personally known to the officer or one judge of the court, to be the person whose name is subscribed as a party thereto, or shall be proved to be such by two credible witnesees, which shall be stated in the certificate.
In addition, a married woman, upon relinquishing her dower, shall be made acquainted with the contents of the deed, and shall acknowledge, on an examination apart from her husband, that she executed the same, and relinquishes her dower in the real estate therein mentioned, freely and without compulsion or undue influence of her husband; all which must be stated in the certificate.
Form of Acknowledgment, with Relinquishment of Dower. State of Missouri, County of Benton,
356. Be it remembered, that on the first day of March, one thousand eight hundred and Afty me, before me, JOHN JONES, & justice of the peace in and for said county, personally appeared
John Doe and Susan his wife, to me personally known to be the persons whose names a subscribed to the foregoing deed, as parties thereto, and acknowledged that they executed the same for the purposes therein mentioned; and the said SUSAN, being by me examined apart from her husband, and made fully acquainted with the contents of the foregoing deed, acknowledged that she executed the same [and relinquished the dower in the real estate therein mentioned), freely and without fear, compulsion, or undue influence, of her said husband. Witness my hand, the day and year first above writteu.
JOHN JONES, Justice of the Peace A scrawl of the pen may be used instead of a seal.
A married woman may convey any of her real estate by a conveyance executed by herself and husband. The husband must join in the conveyance. Her acknowledge ment is to be taken by some court, judge, or clerk, as above stated, she having first been made acquainted with the contents of the deed, by the officer, and on an examination separate and apart from her husband. The certificate of acknowledgment must be precisely similar to that given above, excepting that the words "and relinquished her dower in the real estate therein mentioned” must be omitted.
Rights of Married Women. PROPERTY owned by a woman before marriage, or in any way acquired subsequent to her marriage, and the use and profits thereof, are exempt from debts and liabilities of her husband contracted before marriage or before the wife came into possession of such property. Such property is absolutely exempt from the husband's security debts, whenever contracted, and also from fines or costs, imposed on the husband in any crim. inal case.
DOWER.–The wife is endowed of one third of all the lands of which her husband, or any one to his use, was seized, of an estate of inheritance, at any time during the mar. riage; also, of leasehold estate for the term of twenty years or more.
The widow is also entitled to have and keep as her absolute property, al her implements of industry, and all the beds, bedding, wearing apparel, provisions, &c., requisite for the family; also, kitchen furniture to the value of twenty dollars, and any other per. sonal property to the value of two hundred dollars. In addition, she is entitled as follows, viz. :
Ist. If the husband leaves descendants-to a child's share of the personal estate, absolutely, or at her option, or to one third of the slaves for her life, and one third of the other personal property, absolutely, subject to her husband's debts.
2d. If the husband leaves no descendants--to all the real and personal estate which came to the husband in right of the marriage, remaining undisposed of, absolutely, and to one half of the real and personal estate belonging to the husband at the time of his death, absolutely, subject to the husband's debts.
3d. If the husband leaves descendants, but not by his last marriage, his widow may, in lieu of dower, take the real estate and personal property in possession of the husband which came to him in right of his wife, by means of the marriage subject to the husband's debts.
Rate of Interest. The rate of interest is six per cent. If plea of usury be sustained, judgment shall be rendered for legal interest only, which interest shall be paid to the common-school funda In addition, a usurer shall, upon information to any justice of the peace or court having jurisdiction, forfeit and pay to the common sehools the whole interest agreed upon.
Wills. THEY must be in writing, signed by the testator, or by some person in his presence and at his request, and attested by two com witnesses, who shall subscribe their names as witnesses in the presence of the testator.
Wills must be recorded within thirty days after probate. If lands in different coup ties are devised, a copy of the will shall be recorded in the recorder's office in each county, within six months after probate.
utensils not exceeding in value fifty dollars; the necessary food for all animals exempt from execution ; four months' provision for the family, and fuel for sixty days; the surgical instruments and medical library of every practising physician, and the library of every practising lawyer or counsellor; all private libraries not exceeding one hundred dollars in value, and all family portraits ; all mechanics' tools necessary in their peculiar calling; the astronomical and mathematical instruments of every teacher or schoolmaster, and the instruments of every practical surgeon, in their profession : and all property exempt from execution is exempt from attachment or other process of law,
In addition to the above, it is lawful for the defendant to claim as exempt from process founded upon contracts made after the passage of the act, fifty head of sheep and the wool shorn therefrom.
Homestead-Exemption Law. ANY quantity of land, not exceeding forty acres, used for agricultural purposes, the dwelling-house thereon, and the appurtenances, not included in any town plat, or city, or village, or instead thereof not exceeding one fourth of an acre, being within a recorded town plat, city, or village, the dwelling-house thereon and the appurtenances, owned and occupied by any resident of the state, is exempt from forced sale on execu. tion or any other final process from any court, for any debt or liability contracted after the fourth day of July, one thousand eight hundred and forty-nine: provided that such exempted homestead or town-lot and dwelling-house thereon shall in no case exceed in value five hundred dollars. This exemption is not to affect any laborer's or mechanic's lien, or mortgage lawfully obtained. Defendant must notify the officer of what he regards as his homestead.
Mechanics' Lien. CONTRACTORS to build or repair a house or other building, mill, or machinery, or their appurtenances, or for furnishing labor or materials for such purposes, and every other person furnishing materials used in their construction, by agreement with the owner of any tract of land or town-lot, or the lessee of either with the owner's knowl. edge or consent, have a lien upon the house, &c., and the tract of land or löt on which the same is erected, in proportion to the labor or materials furnished, which can not be avoided, or sold so as to avoid said lien, unless upon judgment rendered before such house, &c., was commenced.
Suit must be brought within one year from the time of payment fixed by the con. tract upon which the lien is claimed, or within six months after the decision of any suit brought within that time; and if brought in the district court, must be by bill or peti. tion, describing with common certainty the tract of land, house, &c., upon which the lien is intended to operate, the nature of the contract or indebtedness, with a bill of
particulars, which together are to be filed in lieu of a declaration. The execution upon a judgment in a suit of this nature must be levied upon the property specified, and no other property of defendant is buund for the payment of such judgment. Miners
have a lien, by this act, upon a sufficient quantity of mineral to pay any just demand for labor performed upon it.