5. If the intestate leaves a widow and issue, such widow is entitled to receive one-half of such personal property; but if there be a widow and no issue, she is entitled to the whole of such personal property.

6. If there be no husband, widow or kindred, the whole escheats to the State.

CHAPTER XVI.

HOMESTEADS AND DOWER.

HOMESTEADS.

There is no homestead law in this State.

DOWER.

The widow of every deceased person is entitled to dower, or the use during her natural life of one-third part of all the lands of which her husband was seized of an estate of inheritance at any time during the marriage, unless she is lawfully barred thereof.

CHAPTER XVII.

DEPOSITIONS.

The deposition of a witness out of the State may be taken upon commission issued from the Court, or without commission before a commissioner appointed by the governor of this State to take dep

The commission may be

ositions in other States or countries. issued by the clerk of the Court, or the justice in a cause pending in Justice's Court, on the application of either party upon five days' previous notice to the other. It is issued to a person agreed upon by the parties, or if they do not agree, to a judge, justice of the peace, notary public, or clerk of a Court selected by the officer issuing it. Such interrogatories, direct and cross, as the parties may prepare may be annexed to the commission.

Deposition of E F, a witness on behalf of the

in the above entitled action, taken before me, a commissioner named in the attached commission, and a (notary public) in and for -county, State of -187

day of

of—

on theat my office at the city of -in said county and State, who being first duly sworn in answer to the direct and cross interrogatories attached to said commission in their order, testified as follows:

1. To the first direct interrogatory he answers, etc.

When completed, the deposition should be read to the witness, and then subscribed by him.

The following form of certificate should be added to the deposition :

I,-a (notary public) in and for said county and State, and commissioner, before whom the foregoing deposition was taken, do hereby certify that the deposition of said witness, E F, was taken before me, at my office in the city of

said county and State, on the

between the hours of

-in

-o'clock A.M., and▬▬▬▬▬o'clock-M. of said day, and the same was endorsed by me; that before proceeding to the examination, the witness was duly sworn to tell the truth, the whole truth, and nothing but the truth; that when com

pleted, the deposition was carefully read over by me to said witness, and then by him subscribed.

In witness whereof, I have hereunto set my hand and official

seal, this
[SEAL.]

day of

-187

Notary Public, etc. and Commissioner.

Endorse upon the envelope the title of the Court and cause, and

the words "deposition of

officer issuing the commission.

-" and forward by mail to the

CHAPTER XVIII.

JUDICIAL RECORD.

The judicial record of a sister State is proved by the production of a copy thereof, certified by the clerk or other person having the legal custody of the record, with the seal of the Court affixed thereto, if there be a seal, together with the certificate of the chief judge, or presiding magistrate, that the certificate is in due form, and made by the clerk or other person having the legal custody of the original.

CHAPTER XIX.

ACKNOWLEDGMENTS.

Deeds may be acknowledged within this State before any judge of the Supreme Court, county judge, justice of the peace, notary public, or clerk of a Court. No acknowledgment of any convey

ance having been executed shall be taken by any officer, unless he shall know or have satisfactory evidence that the person making such acknowledgment is the individual described in and who executed such conveyance.

When a married woman, residing in this State, shall join with her husband in a deed of conveyance of real estate situated within this State, the acknowledgment of the wife shall be taken separately and apart from her husband, and she 'shall acknowledge that she executed such deed freely and without fear or compulsion from any one. If any deed shall be executed in any other State, Territory or District of the United States, such deed may be executed and acknowledged according to the laws of such State, Territory or District, or before any commissioner appointed by the governor of this State for such purpose; and unless the acknowledgment be taken before such commissioner, it must be certified by the clerk or other proper certifying officer of a Court of record of the county or district within which such acknowledgment was taken, under the seal of his office, that the person whose name is subscribed to the certificate of acknowledgment was, at the date thereof, such officer as he is therein represented to be, and that he believes the signature of such person subscribed thereto to be genuine, and that the deed is executed and acknowledged according to the laws of such State, Territory or District.

CHAPTER XX.

LIMITED PARTNERSHIPS.

Limited partnerships for the transaction of mercantile, mechanical and manufacturing business may be formed in this State. The persons forming such partnership make and severally subscribe

and acknowledge a certificate in duplicate, which contains the name assumed by the partnership, the names and respective places of residence of all the general and special partners, the amount of capital which each special partner contributes, the general nature of the business to be transacted, and the time when the partnership is to commence and terminate; one copy of such certificate is filed with the clerk of the county in which the principal place of business of the partnership is to be. A copy of the same is required to be published for four weeks in some weekly newspaper published in the county. The business must be conducted under a name in which the names of the general partners only shall be inserted, without the addition of the word company, or any other general term.

Special partners are not personally liable for any debts of the partnership.

During the continuance of any such partnership no part of the capital stock can be withdrawn, nor any division of interests or profits made, so as to reduce such capital stock below the sum stated in the certificate.

CHAPTER XXI.

MARRIED WOMEN.

The constitution of the State provides that the property and pecuniary rights of every married woman at the time of marriage, or afterwards acquired by gift, devise or inheritance, shall not be subject to the debts or contracts of the husband, and laws shall be passed providing for the registration of personal property: which has been done. The property, both real and personal, acquired by any married woman during coverture, is free from and not liable for the debts, liabilities or contracts of her husband.