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falling due upon a Sunday or such public holiday, are payable on the next day, unless the latter be also a Sunday or holiday, in which case they are payable on the day preceding actual maturity; but all bills of exchange, drafts and promissory notes, except those payable at sight or on demand, which shall be otherwise payable on any halfholiday Saturday, shall be deemed to be and shall be payable on the next succeeding зecular or business day. XXIII. SUITS:

Suits for the collection of debts may be brought by summons in the county where defendant resides, or in the county where plaintiff resides, if the defendant can be found there; where there are several defendants, in any county in which one of them resides; and when defendants are non-resident, then in any county. Personal service of summons must be had in order to get personal judgment, otherwise judgment only affects property attached. Names of individual plaintiffs must be furnished, and a bond given for costs by non-residents, or a cash deposit made.

XXIV. TAXES:

State and county taxes are assessed on June 1st in each year, and if not paid before January 1st succeeding bear a penalty of one per cent per month until paid., Payment of delinquent taxes must be enforced by suit in the Circuit Court by the collector: judgment, special execution and sale by the sheriff; and all parties to the record are concluded thereby in absence of fraud. Suits for taxes, personal and real, are barred in five years.

XXV. WAGES:

All corporations shall make payment to their employes of wages due for all labor performed by them within three months next preceding, to an amount not exceeding one hundred dollars, in preference to any other claim not secured by specific lien, and such payment may be enforced by civil action. All such debts due employes shall have a like priority of payment from the money and assets of the corporation in the hands of the officers or agents or receivers or assignees.

Payment of wages shall be made on or before the fifteenth day of each month for the full amount of all Wages earned previous to the first day of that month; and employes or laborers in mines shall be regularly paid at least once in every fifteen days, and at no pay-day shall there be withheld any of the earnings of any employe. Whenever any employe shall demand it, the operator of such mine shall issue such employe a due-bill for the amount due him up to the day of demand, which due-bill shall be negotiable and shall be redeemed by such operator on demand in cash or its equivalent, at the option of the holder.

Any order, note, check, memorandum, token, evidence of indebtedness or other obligation, given in payment of Wages by any person, firm or corporation must be redeemable, under penalty, at the maker's place of business in lawful money of the United States, or goods, at the option of the holder.

Railway, mining, express, telegraph, manufacturing or other corporations or companies doing business in Missouri shall give thirty days' notice of the reduction of wages to the employes to be affected thereby, by posting written or printed hand-bills in a conspicuous place in or about the office, shop or place where the employes may be at work, or by mailing each employe a copy of such notice, specifying the class of employes whose wages are to be reduced and the amount of the reduction, under penalty of fifty dollars for failure so to do.

No property is exempt from seizure and sale under execution for services rendered in the capacity of house-servant or common laborer to the amount of ninety dollars, provided suit be brought within six months after the last services were performed.

XXVI. WILLS:

Wills as to realty may be made by male persons over the age of twenty-one years; and as to personalty by male persons over the age of eighteen years. Women of

the age of eighteen, whether married or single, may make wills as to their realty and personalty. The dower of a wife and curtesy of the husband cannot be affected by a will unless the provisions of the will are accepted by the non-rejection of the provisions of the will, within a specified time, and in a certain formal way.

Wills must be in writing, signed by the testator, or by some person by his direction in his presence, and attested at his request and in his presence by two witnesses. Wills of non-residents, to be effective as to real estate situated in this State, must be executed as prescribed by the laws of this State. After probate thereof, wills should be recorded in the office of the recorder of deeds in the county where they have been probated, and copies duly certified should also be recorded in all other counties where the estate has any realty.

Wills must be contested within five years after probate: otherwise they will be binding, except as against persons laboring under disabilities, who have a like period of five years, after removal of disabilities, to institute contest. A legacy to a testating witness is void unless the will is

attested by a sufficient number of other competent witnesses. The testator is deemed to die intestate as to children not named or provided for in the will. When an estate is devised to a child, grandchild or descendant of such testator, and such devisee shall die before the testator, leaving lineal descendants, such descendants shall take the estate, as such devisee would have done had he survived the testator.

CORPORATIONS.

I. ORGANIZATION:

Any three or more persons, having asociated themselves together by articles of agreement in writing, may incorporate under any name or title designating such business, for the purpose of carrying on mining and quarrying operations and any lawful trading, manufacturing, insurance, brokerage or other business, as set forth in detail in the laws of the State. Articles of incorporation must set forth: 1. Name of corporation, which shall not be that of any other corporation or an imitation of the same. 2. The name of the city or town and county in which the corporation is to be located. 3. Amount of capital stock (which must be not less than two thousand dollars nor more than ten million dollars), the number of shares into which it is divided and the par value thereof; that the same has been bona fide subscribed and one-half thereof actually paid up in lawful money of the United States, and is in the custody of the persons named as the first board of directors or managers. 4. The names and places of residence of the several shareholders and the nun:ber of shares subscribed by each. 5. The number of the board of directors or managers (must be not less than three nor more than thirteen, and at least three must be citizens and residents of this State and stockholders in such corporation), and the names of those agreed upon for the first year. 6. Term for which the corporation is to continue (not exceeding fifty years), 7. The purposes for which the corporation is formed.

The articles of incorporation must be signed and acknowledged by all the parties thereto and recorded in the office of the recorder of deeds of the county or city in which the corporation is to be located; and a certified copy of such instrument filed in the office of the Secretary of State, and a fee paid into the State treasury of fifty dollars for the first fifty thousand dollars or less of capital stock, and five dollars for every additional ten thousand dollars of capital stock. Thereupon the Secretary of State shall issue his certificate stating that such corporation has been duly organized and certifying the amount of its capital stock, and such certificate shall be taken by all the courts in this State as evidence of the corporate existence of such corporation, and the persons so acknowledging such articles shall become a body corporate. Corporations must keep a general office for transaction of business in this State. The capital stock shall not be paid by note, nor can a corporation loan money to stockholders. II. POWERS:

Every corporation, as such, has power: 1. To have succession by its corporate name, for the period limited in its charter, and, when no period is limited, for twenty years. 2. To sue and be sued, complain and defend in any court of law or equity. 3. To make and use a common seal, and alter the same at pleasure. 4. To hold, purchase, mortgage or otherwise convey such real and personal estate as the purposes of the corporation shall require, not exceeding the amount limited in its charter, or by the law creating it; and also to take, hold and convey such other property, real, personal or mixed, as shall be necessary or requisite for such corporation to acquire in order to obtain or secure the payment of any indebtedness or liability belonging to the corporation. 5. To appoint such subordinate officers and agents as the business of the corporation shall require, and allow them a suitable compensation. 6. To make by-laws not inconsistent with existing laws, for the management of its property, the regulation of its affairs and for the transfer of its stock. 7. To increase or diminish, by a vote of its stockholders, cast as its by-laws may direct, the number of its directors or trustees, to be not less than three nor more than thirteen, and, in like manner, change its corporate name without in any wise affecting its rights, privileges or liabilities. Such changes of name or number of directors or trustees shall take effect and be in force from the date at which the president or secretary of such corporation shall file with the Secretary of State an affidavit setting forth the name adopted and the number of directors or trustees fixed, together with the date at which such change in name or number of directors or trustees was voted by the stockholders of such corporation.

Any corporation may, at a meeting duly called and held (notice of such meeting first having been given in the manner and form provided in Sections 2499, 2500, Revised Statutes, 1889), reduce the par value of its shares of stock and correspondingly increase the number thereof by a vote of the majority of the stock of the corporation. No corporation shall engage in business other than that

expressly authorized in its charter or the law under which it may have been or may hereafter be organized. III. MEETINGS AND ELECTIONS:

The first meeting shall, unless otherwise provided in act of incorporation, be called by notice signed by one or more of the incorporators named in the act of incorporation, setting forth the time, place and purpose of meeting, and such notice shall be delivered to each member at least seven days before the meeting, or published in some newspaper in the county where the corporation may be established, or, if there be no such newspaper, then in the nearest newspaper. A justice of the peace may, on the written application of two or more members thereof, issue a warrant to either of said members directing him to call a meeting by giving the required notice. Subsequent meetings shall be called by the president and secretary by notice published for ten days setting forth the place, hour and object of such meeting, or, if they fail, a later meeting may be called by any two stockholders.

Two sworn inspectors, not directors, shall be appointed to canvass the vote on election of directors or any other proposition to be voted on at such meeting, and certify the result to the president. In election for directors each stockholder can cast in person or by proxy as many votes in the aggregate as equal the number of shares of stock held by him multiplied by the number of directors to be elected, for one or distribute them among two or more candidates. Directors shall appoint one of their number president and may appoint a treasurer and secretary and other officers as prescribed by the by-laws.

In addition to providing for the management of its property, regulation of its affairs and transfer of its stock, the by-laws of a corporation may provide the time of service and mode of classification of directors, but there shall be an annual election for such number or proportion of directors as may be found upon dividing the entire number of directors by the number of years composing a term. The time and place of such election shall be prescribed by the by-laws (if no time is fixed by the by-laws, then on the second Monday in January), of which time and place two weeks' notice shall be published in a newspaper printed at least once a week in the county: or if there be no such paper, then in a paper published in the State which circulates in the locality. Bylaws may be made for the time being by the directors to regulate the manner of taking the votes of stockholders on the question of increasing cr diminishing the number of directors or trustees, or changing the corporate name: but by-laws regulating the election of directors must be made at least sixty days before such election. IV. BOOKS, RECORDS AND REPORTS:

Directors shall keep correct account of their transactions, and have full statements of the condition of the affairs of such corporation, a list of the stockholders, and the number of shares owned by each made out, and a copy thereof delivered or sent by mail to each of the. stockholders at least not less than once in each year, ten days before the day of election, and each stockholder may at all proper times have access to the books of the company.

Every mining or other corporation shall make an annual report to the Secretary of State on the first day of July annually, giving the location of its principal business office; names of its president and secretary; amount of its capital stock, both subscribed and paid up, and the par and actual value at the time of making the report; cash value of its real personal property within this State on the first day of June immediately preceding, and the amount of taxes, city, county and State, paid by the corporation in this State for the year last preceding the report. If the corporation is incorporated in any other state, territory or country and doing business or having an office in this State, it shall annually on the first day of July report to the Secretary of State the location of its principal office in this State, the name of its principal officer, the cash value of all personal and real property within this State on the first day of June immediately preceding: and the amount of taxes, city, county and State, paid by the corporation in this State for the year immediately preceding. Each of said reports shall be sworn to by the president and secretary if the corporation be organized under the laws of this State, and by its principal officer in this State if organized without this State.

V. LIABILITY OF STOCKHOLDERS:

Stockholders are individually liable for the payment of the full amount of their stock only. VI. POOLS, TRUSTS AND CONSPIRACIES:

Every corporation, domestic or foreign, must make a yearly verified statement on a blank furnished by the Secretary of State that it is not under agreement with any other company to fix the price or quantity of production of articles, goods or merchandise traded in, manufactured or produced, or the premium to be paid for insurance: and that it is not a member of or interested in any pool or trust.

VII. DISSOLUTION:

The president or secretary of every domestic corporation, upon its dissolution, and the principal officer of every foreign corporation upon its retirement from business in this State, shall file an affidavit to that effect with the Secretary of State.

VIII. FOREIGN CORPORATIONS:

A foreign corporation must maintain an office in this State where legal service may be had upon it and where proper books shall be kept to enable it to comply with the constitutional and statutory provisions governing such corporations. It must file in the office of the Secretary of State a copy of its articles of incorporation, authenticated by the proper authority, and its principal officer in this State shall make and forward immediately to the Secretary of State a statement duly sworn of the proportion of the capital stock of said corporation represented by its property located and business transacted in the State of Missouri, and it shall be required to pay to the State on said proportion fees required of similar corporations formed within this State. A certificate that it has complied with the law and is authorized to do business therein is then issued by the Secretary of State.

MINING.

I. OWNERS AND LESSEES:

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Owners or those having a leasehold interest in lands for mining purposes shall keep a printed statement of the terms, conditions and requirements upon which said lands may be mined or prospected and the time during which the right to mine or prospect thereunder shall continue, posted or hung up in a conspicuous place in the principal office or place of business of such person or company in the county in which the lands are situated, and shall deliver to such person mining or prospecting, on his requesting it, a printed copy of such statement, and all persons digging or mining on said lands after the posting of such statement shall be deemed to have accepted the terms thereof, and upon failure to comply with the requirements of such statement shall forfeit all rights thereunder and the owner or lessee may take possession of the same.

If the owner or lessee shall permit any person to enter and dig for lead ore or other minerals with his consent without complying with the foregoing, and such person shall open any mine or extend any shaft, in good faith, he. shall have the exclusive right to continue such work for three years from the time of getting such permit: but such right to work shall be forfeited by failure to work for ten days in any one calendar month, unless such failure was caused by unavoidable circumstances, or by the owner or lessee, or unless such owner or lessee consent thereto.

A royalty must be paid, monthly if demanded, of the same kind and proportionate amount paid by others mining the same kind of ore on the land of the owner or lessee, or the value of such royalty in cash; and if there be no other person mining on said land, then according to the royalty paid by miners on lands nearest thereto. The owner shall have a lien on all such minerals mined for royalty due.

The owner or lessee may purchase all the minerals mined by paying the highest cash price for like minerals mined elsewhere on his land; but if no other is being mined on his land, then the highest price paid for like minerals on lands nearest thereto. Otherwise said minerals may be sold by the miner, after paying the royalty and giving the owner or lessee of the land five days' written notice and opportunity to purchase.

All minerals dug or mined belong to the owner or lessee of the land, and it is a crime for any other person to remove or dispose of them except as modified by consent or law and treble damages may also be recovered for minerals so mined and carried away.

II. COAL MINING IN CITIES:

Mining for coal is prohibited within the corporate limits of any city, town or village of one thousand inhabitants or over, unless an indemnity bond of not less than one thousand dollars is given. Notice must be given designating the locality for mining, the nature of the mining, and a day fixed for filing and approving the bond in the Circuit Court of the county. Written permission of property owners must be had to mine under any property in said city, under penalty of forfeiture of rights, and a complete and true diagram of said mines must be filed each term in the Circuit Court, made and verified by the county surveyor, showing with reference to the boundaries of such mine and the lots and lands of neighboring owners, the extent of such mines, their drifts, tunnels and excavations, giving the length and breadth of each drift, bank and tunnel, so as to fully inform the court and parties in interest of the extent and character of such mining operations. Mining on leased school lands is prohibited.

Any person owning land adjoining a tract upon which a mine is situated may have such mine and shafts surveyed by the county surveyor by making affidavit before a justice of the peace that the miners have entered the premises of the affiant. Scrapping of ore, except by owner, is prohibited without written consent from the person having control of the mine. Coal and other minerals in place are land, and may be conveyed as such, and when thus conveyed constitute a separate and distinct inheritance.

III. INSPECTION OF MINES:

Two mine inspectors are appointed by the Governor, whose duty it is to see that every necessary precaution is taken to insure the health and safety of the workingmen employed in any mines in this State and that the provisions and requirements provided for are faithfully observed and obeyed.

An inspector has the right to enter, examine and inspect any and all mines and shafts belonging thereto at any reasonable time and take proper steps to enforce the law.

If any person is killed or seriously injured in a mine such fact must be reported at once to the inspector, and if he deem it necessary he shall go to the mine immediately to make suggestions and render assistance and investigate the cause of the accident, and make and keep a report thereof.

An accurate map is required to be made annually of every mine employing ten or more men, showing the veins, inclination of the strata, material deflection in the workings and the boundary lines, and deposited with the clerk of the County Court.

IV. MEASURES OF SAFETY:

Mines must have escapement shafts approved by the inspector; must be properly ventilated and furnished with one hundred cubic feet of air per minute for each man and six hundred feet for each animal; bore-holes provided twenty feet in advance of the working places. and all shafts and slopes must have suitable hoisting apparatus and means for signaling from top to bottom. Explosives must be kept in a strong box, except so much as may be needed for immediate use, and kept at least one hundred feet from the place of blasting. The owner or operator of the mine shall also keep a sufficient supply of prop timber for use. Coal mines employing five or more persons, worked on the room and pillar plan, shall have two parallel entries, for the ingress and egress of air, and cross-cuts at intervals not to exceed fifty feet.

Only a pure animal or vegetable oil, or other oil as free from smoke, and not the product or by-product of resin, shall be used for mine illumination, and when tested at sixty degrees Fahrenheit, the specific gravity must not exceed twenty-four degrees Tagliabue. All oil sold for illuminating purposes in the coal mines of Missouri shall be contained in barrels or packages, branded conspicuously with the name of the dealer, the specific gravity of the oil, and the date of shipment.

V. WEIGHT OF COAL:

A sworn weighman shall weigh the output of coal mines, and the miners may employ a check weighman. The screening of coal at mines employing miners at bushel or ton rates is prohibited, and a penalty is also provided for false weighing or false scales.

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Proof of acknowledgment may be made within this State before a justice of the Supreme Court or a judge of the District Court, a clerk of a court of record, county clerk, justice of the peace, or a notary public. It may be made without the State before a justice, judge, or clerk of any court of record of the United States of any state or territory, before a commissioner appointed by the Governor for that purpose, a notary public, or any other officer of any state or territory where the acknowledgement is made, who is authorized by its laws to take such proof of acknowledgment; and in foreign countries before any minister, commissioner or charge d'affaires resident and accredited in the country where the proof of acknowledgment is made; before any consul, vice-consul,

or consular agent of the United States, any judge of a court of record, a notary public, or commissioners appointed for such purpose by the Governor, pursuant to special statute.

Any officer taking such acknowledgment must indorse thereon, a certificate of the authority of the person making the same. Certificates of acknowledgment must be authenticated. Proof of execution, when not acknowledged, may be made by the party executing it, by a subscribing witness, or by proof of the handwriting of the party, when the parties and all subscribing witnesses to the instrument are dead, when they are all non-residents of the State, or when their whereabouts cannot be learned. Every conveyance in writing of, or affecting real property, must be acknowledged or proved and certified.

II. ALIENS:

Resident aliens may take in all cases by succession as citizens, and no person capable of succeeding under the laws of this State is precluded from such succession by reason of the alienage of any relative; but no non-resident foreigner can take by succession unless he appears and claims such succession within five years after the death of the decedent to whom he claims succession. In the event he does not so appear and lay claim to his right, the District Court on information must direct the attorney general to reduce the property to his, or the possession of the State; or to sell the same and deposit the proceeds in the State treasury for the benefit of such non-resident alien, or his legal representatives, to be paid whenever within five years after such deposit, satisfactory proof is produced that he is entitled to the same. Upon such proof it is the duty of the auditor and treasurer to deliver the proceeds to the claimant, who must receipt therefor. If no claimant appears, the property escheats to the State. Those who succeed to the property of the decedent are liable for his debts and obligations. When a citizen of the United States has a right of action against an alien subject of any country at war with the United States, the statute of limitations does not run against him during the continuance of the war. III.

ASSIGNMENTS:

In all assignments of property made by any person, association, corporation, co-partnership, or chartered company, the wages of miners, mechanics, salesmen, servants, clerks or laborers employed for services rendered within sixty days immediately previous to such assignment, not to exceed two hundred dollars for each person, are preferred claims, and must be paid by the assignee or trustees, before any other creditors of the insolvent.

An assignment, to be valid and binding, must be in writing, subscribed by the assignor, or his agent thereto authorized in writing. It must be acknowledged in the manner provided by the law governing acknowledgments, and recorded and filed with the county clerk of the county in which the assignor resided at the date of assignment, but if he did not then reside in the State, then with the clerk of the county in which his principal place of business was situated, or in which the principal part of the assigned property was located. The assignment must be accompanied by the affidavit of the assignor and assignee

MONTANA LAWS.

that such assignment is made in good faith, for the benefit
of the creditors of the assignor and without any design
to hinder, delay or defraud such creditors. The assent of
the assignee, subscribed and acknowledged by him, must
appear in writing attached thereto.

Within twenty days after the assignment, the assignor
must make and file a full inventory, accompanying the
assignment, showing names of all the creditors; their
places of residence, if known; the sum owing each, and
the nature of the debt or liability; whether arising on
written security, account, or otherwise; the true con-
sideration of such liability and the place where it arose;
every existing judgment, mortgage or other security for
the payment of any debt or liability of the assignor; all
property of the assignor at the date of assignment which
is exempt by law from execution; all the assignor's prop-
erty at such date, both real and personal of every kind,
not so exempt, and the incumbrances thereon existing; all
vouchers and securities relating thereto, and the value of
such property, according to the best knowledge of the
assignor. Such inventory must be accompanied by the
affidavit of the assignor to the effect that the same is
just and true according to the best of his knowledge and
belief. If the assignor fail or refuse to make such in-
ventory, then the assignee shall within thirty days there-
after, make such an inventory as he is able.
for making such assignee's inventory may be extended
The time
by the court, but if he fail to make it, the District judge
shall require him to appear and show cause why he shall
not be removed from his trust. All books and papers of an
assignment shall at all times be open to the inspection of
any creditor.

An assignment is void against creditors, purchasers and incumbrancers in good faith and for value if not recorded within twenty days after the date of assignment. Within thirty days after such assignment the assignee must enter into a bond to the State in a sum fixed by the judge of the District Court in which the inventory is filed, with sufficient sureties approved by the court, conditioned for the faithful discharge of the trust, which bond must be filed in the same office with the original inventory. After six months from the date of assignment, on petition of any creditor, the assignee may be required to account to the District Court of the county where the inventory was filed. No assignment after being recorded can be amended or modified without the consent of all the creditors. IV.

ATTACHMENTS:

A writ of attachment must be issued by the clerk of the court, upon receiving an affidavit by or on behalf of the plaintiff showing that the defendant is indebted in a specified sum, over and above all legal counter-claims, upon a contract express or implied for the direct payment of money, and that the payment of the same has not been secured by any mortgage or lien upon real or personal property, or any pledge of personal property; or, if originally so secured, that such security has, without any act of the plaintiff or the person to whom the security was given, become worthless; and that the attachment is not sought, nor the action prosecuted to hinder, delay or defraud any creditor of the defendant.

Before issue of said writ, the plaintiff must give an undertaking, with two sufficient sureties, in a sum not less than double the amount claimed by the plaintiff, if such sum be one thousand dollars or under; or if it exceed one thousand dollars, then in a sum equal to the amount (but not in any case to exceed ten thousand dollars), to the effect that if the defendant recover judgment, or if plaintiff is not entitled to the attachment, he will pay all costs that may be awarded to the defendant. The defendant has five days within which to except to the sufficiency of plaintiff's sureties. the sureties must justify before a judge or clerk of the If he take exceptions, District Court, and upon failure to justify, the judge or clerk shall issue an order vacating the writ of attachment.

The sheriff to whom the writ is directed must execute the same without delay, and if the defendant do not give him security by the undertaking of two sufficient sureties, in an amount sufficient to satisfy the claim, he must then attach enough property to satisfy the plaintiff's demand. If personal property attached be claimed by a person, he shall give notice thereof to the sheriff, and deliver to him an affidavit of his claim, and unless the third plaintiff within ten days after receiving such notice, give the sheriff a good and sufficient bond to indemnify him by reason of retaining such property, the sheriff shall deliver the same to the person claiming ownership. If after judgment for the plaintiff, any balance remain, the sheriff shall deliver to the defendant the attached property remaining in his hands, and any cash proceeds unapplied on the attachment.

If the defendant recover judgment, any undertaking received in the action, all the proceeds of sales and money collected by the sheriff, and all property attached must be delivered to the defendant or his agent; the order of attachment shall be discharged and the property released therefrom.

Personal property mortgaged may be taken on attachment or execution issued at the suit of a creditor of the mortgagor; but before the property is so taken, the officer

must pay or tender to the mortgagee the amount of the mortgage debt and interest, or must deposit the amount thereof with the county treasurer of the county in which the mortgage is filed, payable to the order of the mortgagee; and when the property then taken is sold under process, the officer must apply the proceeds to the repayment of the sum paid to the mortgagee, with interest from the date of such payment; and the balance, if any, in like manner as the proceeds of sales under execution are applied in other cases.

Live stock on ranges may be attached, and it is sufficient service of process to file with the county clerk of the county wherein the stock is running a copy of the service of process out of the court in which the action is pending, with an accompanying notice containing the number and a description, as near as may be, of the stock by means of marks and brands, that such property is attached and levied upon, in pursuance of such process. Said notice must be filed within fifteen days after receipt of such process for service.

V. CLAIMS AGAINST ESTATES:

After the death of decedent, his executor or administrator must, immediately after his appointment, publish in some newspaper in the county, or in such newspaper as the court may designate, once a week for four weeks, a notice to the creditors of decedent, requesting them to present, with necessary vouchers, their claims against his estate, at the executor's or administrator's place of business. If the estate exceed in value the sum of ten thousand dollars, the time expressed in the notice must be ten months, otherwise four months. given, a copy thereof with affidavit of publication must After said notice is be filed, and an order showing that due notice to creditors has been given must be entered in the minutes of the court.

All claims arising upon contracts, whether the same be due, not due or contingent, must be presented within the time mentioned or forever barred; provided, that if it be made to appear to the satisfaction of the court that the claimant had no notice by reason of being out of the State, it may be presented at any time before an order of distribution is entered. or limit the time of foreclosure of mortgages upon real Nor does this provision affect property of the decedent, whether heretofore or hereafter executed.

the the

Every claim due must be presented first to the executor or administrator, supported by an affidavit that the amount is justly due, that no payments have been made thereon which are not credited, and that there are no offsets to the same to the knowledge of the affiant. If the claim is not due or is contingent, such must be stated. If the claim is made by any other than the one to whom it is due, the reason therefor must be set forth in affidavit. Every executor and administrator has right to allow or reject any claim, and if he allow it, it must be presented to the judge for his approval. claim is presented within the time limited but not acted If the upon by the executor or administrator until after period expires, such claim is deemed presented in time. Every claim allowed by the executor or administrator, and the approved by the judge, must within thirty days thereafter be filed in the court, an acknowledged debt of the estate. to be paid in course of administration. founded on a bond, bill, note or other instrument, a copy If the claim be thereof must accompany the claim. If the claim is secured by a mortgage, or other recorded lien, a description thereof shall be sufficient. executor, administrator or judge, the holder thereof must If a claim is rejected either by the bring suit in the proper court within three months after its rejection, if it be then due, or within two months after it becomes due. cedent at the time of his death, the plaintiff must present If an action is pending against the dehis claim to the executor or administrator for allowance or rejection as in other cases required.

A judgment rendered against an executor or administrator, upon any claim against the estate, only establishes the claim in the same manner as if it had been allowed at first, and the judgment must be that the executor or administrator pay in due course of administration the amount ascertained to be due. No such judgment shall create any lien on the property of the estate,

or give to the judgment creditor any priority of pay-
ment. A judgment rendered against a decedent, dying
after verdict, but before judgment is rendered thereon, is
not a lien on the property of the decedent, but is payable
in due course of administration.
the validity of the claim against the estate, the executor
In cases of doubt
or administrator may agree with the claimant to leave the
as to
matter to a referee, who has the same powers, and is sub-
ject to the same control as in other cases of reference.
VI. COURTS:

and com

The Supreme Court, consisting of a chief justice two associate justices, holds annually four terms, mencing on the first Tuesdays of March, June, October, and December. The jurisdiction of the Supreme Court two kinds, original and appellate. In the exercise of its original jurisdiction it has power to issue writs of manis of damus, certiorari, prohibition, injunction and habeas pus, and all other writs necessary to the complete cise of its appellate jurisdiction. Its appellate jurisdiction

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extends to all cases at law and in equity. It may affirm, reverse or modify any judgment or order appealed from, and may direct the proper judgment or order to be entered, or direct a new trial or further proceedings to be had. Its judgment in appeal cases must be remitted to the court from which the appeal was taken. No action to obtain an injunction must be commenced in the Supreme Court, except in cases where the State is a party, or in which the public is interested, or the rights of the public are involved, but the proper District Court has jurisdiction of all other injunctions.

There are in this State cleven judicial districts. District Courts must be always open for the transaction of business, except on legal holidays and non-judicial days, Where one judicial district comprises more than one county the judge must fix the terms of court in each county in his district, which must be held at the county seat, and there must be at least four terms a year in each county. The jurisdiction of the District Court is of two kinds: original and appellate. It has original jurisdiction in all cases at law and in equity, including all cases which involve the title or right of possession of real property, or the legality of any tax, impost, assessment, toll or municipal fine; in all cases in which the debt, damage, claim or demand, exclusive of interest, or the value of the property in controversy exceeds fifty dollars; in all criminal cases amounting to felony; in all cases of misdemeanor not otherwise provided for, actions of forcible entry and unlawful detainer, matters of probate, actions of divorce, and for the annulment of marriage; and for all such special actions and proceedings as are not otherwise provided for. It has the power of naturalization, and to issue papers therefor, in all cases where it is authorized to do so by the laws of the United States. It also has power to issue, hear and determine writs of mandamus, quo warranto, certiorari, prohibition, injunction and other original remedial writs, and also all writs of habeas corpus, or petition by, or on behalf of any person held in actual custody in its district. It has appellate jurisdiction in such cases arising in Justices' and other inferior courts, as may be prescribed by law. There are also Justices' and Police Courts who possess limited jurisdiction to hear and determine such petty offenses as usually come before them. They have a common law jurisdiction in cases involving sums to three hundred dollars.

For filing and indexing each chattel mortgage, writ of attachment, execution, certificate of sale, lien or other instrument required by law to be filed and indexed

For issuing marriage license and recording certificate

For recording and platting each townsite or map, for each lot up to and including 100.. For each additional lot in excess of 100.. For recording the field notes of survey of any townsite, per folio.....

For filing, recording and indexing each affidavit of annual labor on mining claim, for each claim named therein...

For filing and indexing each certificate of incorporation, or annual statement of any corporation.. For each entry of discharge or satisfaction of mortgage, lien, or other instrument, on the margin of the record thereof upon the original instrument, and noting same in index.

For administering an oath, with certificate and seal, except in application for pensions for which no charge is made.

For taking and certifying an acknowledgment, with seal affixed for each signature thereto..

For filing and indexing each affidavit for renewal of chattel mortgage

For filing and indexing each affidavit of butcher, of brands of cattle slaughtered.

For recording and indexing transcripts in estray and lost cases..

heriffs: For service of summons and complaint on each defendant, besides mileage..

For levying and serving each writ of attachment or execution on real or personal property, besides mileage

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For service of attachment on the body or order of arrest of each defendant, besides mileage. For service of affidavit, order or undertaking in claim and delivery, besides mileage

For serving subpoena for each witness, besides mileage

.30

VII. FEES:

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.$1.00

.50

Before justice and clerk of court, the same as before notary public.

Attachment: Mileage 15 cents, and for serving writ.. 1.00 Appeal: From Justice's Court.....

For copy of any writ, process or other paper when demanded or required by law, for each folio... .20 For advertising any property for sale on execution, or under any judgment or order of sale, exclusive of the costs of publication...

1.00

2.50

From District Court..

5.00

For executing in duplicate a certificate of sale, exclusive of filing the same..

1.00

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For drawing and executing sheriff's deed, including acknowledgment..

3.00

.15

From prevailing party on judgment..

Transcription: Per folio from .05 to..

.20

2.50

Commencement of suit in court of record: Filing complaint

Witness: In courts of record, per day.

3.00

In courts not of record, per day.

1.50

5.00

Witness fees taxed as costs to losing party.

Filing answer

2.50

Incorporation: For each $1,000 of capital stock. For excess of $1,000,000, per $1,000...

VIII. DEEDS:

.50

.25

(No fee to exceed $1,000.)

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No conveyance can be made to one conditionally. Delivery either to him or to his agent as such, is absolutely necessary, and the instrument takes effect thereupon, discharged of any condition on which the delivery is made. It may be deposited with a third person to be delivered upon performance of a condition. A transfer of a thing carries with it all its incidents, but the transfer of an incident to a thing does not transfer the thing itself. Every grant of an estate in real property is conclusive against the grantor, also against every one subsequently claiming under him, except a purchaser or incumbrancer who in good faith, and for a valuable consideration, acquires a title or lien by an instrument that is first duly recorded. A grant of an estate of inheritance or fee simple, implies the covenants that the grantor has not conveyed the estate previously to another than the grantee, and that at the time of the conveyance, the property is free from any incumbrance, the term "incumbrance" including taxes, assessments and all liens upon real property.

Every conveyance of real property, acknowledged or proved, certified and recorded as prescribed by law, from the time it is filed with the county clerk for record, is constructive notice of the contents thereof to subsequent purchasers and mortgagees; but an unrecorded instrument is valid as between the parties and those who have notice thereof. Every conveyance of real property other than a lease for a term not exceeding one year is void as against any subsequent purchaser or incumbrancer in good faith and for a valuable consideration, whose conveyance is first duly recorded.

IX. DEPOSITIONS:

The deposition of a witness out of the State may be taken at any time after the service of the summons or the appearance of the defendant, and in a special proceeding at any time after a question of fact has arisen

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