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Must include all the debtor's property, except what is exempt from attachment ("XII. Exemptions'), for the equal benefit of all his creditors, and must be made to the judge of probate of the county where the debtor resides, and to such assignee as he may appoint: must be under seal, sworn to in the form prescribed, and filed with the judge or register of probate for the county. If real estate is included in the assignment it must be witnessed and acknowledged as is required for deeds of real estate. ("VII. Deeds.")

The judge shall fix a time when an assignee will be appointed, and give notice thereof, personal and by publication, to the creditors. At the time thus fixed, the judge, upon recommendation of two-thirds in number and a majority in value of those creditors who have proved their debts, shall appoint some person, not a creditor, assignee; if the creditors fail to thus recommend, the judge may appoint an assignee without their recommendation.

The assignee must give a bond for the faithful discharge of his duties, and forthwith give notice of his appointment; and within ten days after his appointment must file a schedule of all property embraced in the assignment, with a statement of the estimated value thereof and of the incumbrances thereon, verified by his oath to be true according to the best of his knowledge, information, and belief. The assent of all creditors to the assignment is presumed unless they dissent within thirty days after public notice thereof, and all actions of assenting creditors are discontinued and their taxable costs therein may be added to their debts in their proofs. Dissenting creditors take no benefit under the assignment. Attachments, payments, pledges, mortgages (except those given to secure debts actually created at the time of the execution of the mortgages), conveyances, sales (except those in the ordinary course of business), and transfers made within three months prior to the assignment, and all payments, pledges, mortgages, conveyances, sales, and transfers, whenever made, that are fraudulent as to creditors, are void, and the assignee may recover and hold the property notwithstanding the same. Within six months after his appointment, and at such other times as the judge may direct, the assignee is required to settle his accounts in the Probate Court, of which settlement due notice must be given. Upon such settlement, the judge may order the balance in the hands of the assignee, or such portion thereof as he may deem proper, to be distributed among the creditors.

Wages due operatives, clerks, house-servants, and other laborers, to an amount not exceeding fifty dollars, for labor performed within six months previous to the assign

ment, are paid in full; all other creditors receive a dividend in proportion to their respective claims. Creditors are required to prove their claims by affidavit or affirmation and file them in the probate office within one month after the assignment; but they may file them afterwards and participate in subsequent dividends. The proof may be made by the creditor, his agent or attorney. All objections to claims must specify the items objected to, with the grounds of objection, and be under oath of the party objecting, and must be filed within three months after said assignment, unless further time, not exceeding two months more, is granted by the judge. The judge of probate, after notice to parties interested, shall hear and decide contested claims, from whose decision an appeal may be taken to the Supreme Court. A final settlement and distribution must be made within one year after the assignment, unless the judge shall grant further time with the written consent of a majority in number and value of the creditors. If the estate pays fifty per cent of all claims proved, the debtor may be discharged from all debts against him at the date of the assignment; if it pays less he may be discharged upon written consent of three-fourths in number of his creditors who own three-fourths in amount of the debts against him. A debtor who has been once discharged in proceedings of this kind is not entitled to a second discharge under like subsequent proceedings. The law also provides for a composition by the debtor with his creditors. One or more creditors having claims against a debtor amounting to three hundred dollars or more may institute proceedings against the debtor in the Probate Court, and compel an assignment by him with the results above stated, if they satisfy the court that he is insolvent. (Public Statutes, Chapter 201.)

III. ATTACHMENTS:

In most actions, any property which may be taken upon execution may be attached and holden as security for the judgment the plaintiff may recover. (Public Statutes, Chapter 220, Secion 1.) Real estate is attached by the officer leaving an attested copy of the writ and of his return thereon at the dwelling-house or office of the town clerk of the town where the property is situated. (Public Statutes, Chapter 220, Section 3.)

All movable property is taken possession of by the officer on making the attachment. The attachment of lumber, brick, and other bulky articles may be preserved by leaving an attested copy of the writ and officer's return thereon with the town clerk, as in the attachment of real estate, within twenty-four hours after the attachment is made, without retaining the actual possession thereof. (Public Statutes, Chapter 220, Section 16.) In all cases where an attachment is made an attested copy of the writ should be served on the defendant, by giving in hand or leaving at his abode, at least fourteen days before the sitting of the court to which it is returnable. (Public Statutes, Chapter 219, Sections 1. 2.) The property of the defendant in the hands of a third person, and the debts due the defendant, may be attached by trustee process, service being made upon the defendant and trustee, as in other cases. No trustee is chargeable for pensions or bounty money, or for the services or earnings of the wife or minor children of the defendant, or for the defendant's own earnings after service of writ, or for his earnings to the amount of twenty dollars before service of writ on trustee, except for necessaries actually furnished the debtor or his family. (Public Statutes, Chapter 245, Section 20.) Property attached is holden for thirty days from the rendition of judgment, and the levy of the execution must be commenced within that time. (Public Statutes, Chapter 220, Section 40.)

No valid attachment can be made to secure claims not due at the commencement of the action. Attaching creditors acquire a lien in the order of their attachments, and do not share in the attached property pro rata.

IV.

CLAIMS AGAINST ESTATES:

All claims against the estates of deceased persons must be prosecuted within three years after the grant of administration, but suit thereon cannot be maintained if commenced within one year, or before payment is demanded. (Public Statutes, Chapter 191, Sections 1-4.) In granting letters of administration preference is given to: 1. The executor named in the will. 2. The widow, or any of the next of kin, or such suitable person as they or any of them may nominate. 3. One of the devisees or creditors. 4. Such other person as the judge of probate may think proper. Non-residents may be appointed if the circumstances, in the opinion of, the judge, render the same proper. A non-resident administrator must appoint a resident his agent to receive notice of claims and service of process. (Public Statutes, Chapter 188, Sections 2, 4, 24.)

Administrators must within ten days after their appointment post notice thereof at some public place in the town where the deceased dwelt, if in this State, and cause it to be published. (Public Statutes, Chapter 188, Section 15.)

Estates are distributed in the following order. 1: Expenses of administration. 2. Funeral expenses. 3. A reasonable allowance to the widow. 4. The just debts owed

by the deceased. 5. The support and maintenance of infant children until seven years of age if the estate is in fact solvent. 6. Legacies. (Public Statutes, Chapter 189, Section 17.) The judge is given the power to make the widow a reasonable allowance for her present needs.

Any estate may be decreed to be administered as if insolvent, and in such case the claims against the estate must be presented to and allowed by commissioners appointed by the Probate Court, within the time (from six to nine months) prescribed by the judge, or they are barred. The judge of probate may extend the time of the commissioners' hearings for sufficient cause. Taxes and claims for last sickness are preferred to other debts. Either the administrator or any creditor may appeal from the commissioners to the Supreme Court. (Public Statutes, Chapter 192, Sections 1-4.)

V. COURTS:

The Supreme Court has jurisdiction of common law actions, suits in equity, and appeals from Police, Justice, Probate and Commissioners' Courts; and, sitting as a full bench, of all questions of law transferred by any justice of the court from the trial to the law term of the court. (Public Statutes, Chapters 204, 205.)

The Probate Courts control the administration of estates of persons deceased, the adoption of children, the assignment of dower and homestead, the partition of real estate where there is no controversy about the title, the appointment of guardians for minors and insane persons, and assignments for the benefit of creditors; and have power to change the names of persons who may so desire. (Public Statutes, Title 25.) Appeals lie in all cases from the Probate Court to the Supreme Court.

The jurisdiction of justices of the peace is limited to the determination of civil causes in which title to real estate is not involved, and in which the damages claimed do not exceed thirteen dollars and thirty-three cents. Justices of the peace also have jurisdiction in all criminal cases where the punishment is by fine not exceeding twenty dollars, or by imprisonment not exceeding six months, or by both, and may hold to bail for appearance at the Supreme Court in other criminal cases. Either party in civil causes, and the respondent in criminal cases, may appeal to the Supreme Court. (Public Statutes, Chapter 210.)

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Witness: Supreme Court, mileage 6 cents, and, per day.

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Police Court, mileage 6 cents, and, per day. VII. DEEDS:

Deeds and other conveyances of real estate must be signed and sealed by the grantor, attested by two or more witnesses, acknowledged before a justice, notary public, or commissioner, whether within or without the State (but if before a justice without the State his official character should be authenticated by the clerk of a court of record or by the Secretary of State), or before a minister or consul of the United States in a foreign country. They should be recorded at length in the registry of deeds in the county in which the lands are sitvated.

If the wife's only interest in the real estate conveyed is dower, the deed should contain a release of dower, and the wife should sign it, but need not acknowledge it. If the wife has also a homestead right, the deed should contain a release of that, and she should sign and acknowledge it the same as the husband. If the real estate conveyed belongs to the wife in her own right, it is advisable that the husband should join in it, so as to bar his rights of curtesy and homestead. The identity of the grantors need not be certified by the magistrate. A scroll is not a sufficient seal upon a deed or any other instrument required to be sealed.

Any public or private corporation, authorized to hold

real estate, may convey the same by any agent appointed for that purpose. (Public Statutes, Chapter 137.) VIII. DEPOSITIONS:

The depositions of witnesses in any civil cause may be taken and used at the trial, unless the adverse party procures the witness to attend, upon giving notice signed by a justice or notary, stating the day, hour, and place of taking, three days before the caption, where the party resides within ten miles of the place of caption, and one day additional for every twenty miles, provided that twenty days' notice shall in all cases be sufficient. Where the adverse party resides out of the State, and more than twenty miles from the place of caption, or from the party proposing to take the deposition, the notice of the caption may be served on the attorney of such adverse party. Any justice or notary public in this State, any commissioner appointed under the laws of this State to take depositions in other states, any judge, justice of the peace, or notary public in any other state or country, may take such depositions. When the deposition is taken by a justice out of the State, the official character of the person taking it must be duly certified to by some clerk of a court of record under its seal, or by the secretary of State under the seal of the state, and that certificate must be attached to the caption. The deposition must be signed by the witness, and after so doing he must make oath that the same is true. The magistrate or officer taking the deposition must annex thereto a certificate of the same, the title of the cause, the time and place, and presence or otherwise of the adverse party at the taking of said deposition.

When the adverse party does not attend the caption, a copy of the notice which has been served upon him or his attorney, with the return of the officer, or the affidavit of the person serving the same, indorsed thereon, stating the time of service, must, and in other cases should, be annexed to the caption of the deposition, and such deposition should be sent to the clerk of the court in which the action is pending within ten days after the taking thereof. (Public Statutes, Chapter 225.) By agreement of parties depositions may be taken stenographically and reduced to writing.

IX. DESCENT:

The real estate of every person deceased, intestate, subject to dower or curtesy and homestead rights, descends in equal shares: 1. To the children or their legal representatives. 2. To the father, if he be living, and there be no issue. 3. To the mother, and the brothers and sisters, or their representatives, if there be no issue or father. 4. To the next of kin. The heirs of a bastard, in the ascending line, are the mother and her heirs. In the estate of the mother of bastards, legitimate and illegitimate children share equally. No representation is allowed among collaterals beyond the degree of brothers' and sisters' grandchildren. There is no distinction between heirs of the full and half blood.

Personal estate not bequeathed after settlement of administration account is distributed: 1. To the widow, the share by law prescribed. 2. The residue in equal shares to the same persons to whom the real estate would, by law, descend. (Public Statutes, Chapter 196.)

X. EXECUTIONS:

Executions issue in twenty-four hours after judgment, and are returnable at the term of court next following. unless the court make a different return day by special order. Writs of possession in a plea of land upon a foreclosure of mortgage at law do not issue until sixty days Unless after the day of final adjournment of the court. execution is taken within thirty days after judgment is entered up, all attachments made upon the writ are lost. XI. EXEMPTIONS:

There is exempt from attachment, and from liability to be taken upon execution, the following goods and property: Necessary wearing apparel of the debtor and his family; necessary beds, bedsteads, and bedding for the debtor and his family; household furniture to the value of one hundred dollars: one cooking stove and its furniture: one sewing machine: Bibles and school-books in actual use: library to the value of two hundred dollars; one cow; six sheep and their fleeces; one hog, one pig, and the pork of the same when slaughtered: domestic fowls, not exceeding in value fifty dollars: four tons of hay: provisions and fuel to the value of fifty dollars; tools of his occupation to the value of one hundred dollars; beasts of the plow, not exceeding a yoke of oxen or a horse; the uniform, arms, and equipments of every officer or private in the militia; the debtor's interest in one pew in any meeting-house, and in one lot in any cemetery. (Public Statutes, Chapter 220, Section 2.)

XII. HOMESTEAD:

The wife, widow, and children of every person who is the owner of a homestead, or any interest therein, are entitled to so much thereof as does not exceed in value five hundred dollars as against creditors, grantees, or heirs of such person, during the life of the wife or widow and

minority of the children. If the wife owns a homestead at her decease the life estate of the surviving husband, not exceeding the value of five hundred dollars, is exempt to him. A homestead of the value of five hundred dollars is also exempt to an unmarried person owning the same. (Public Statutes, Chapter 138).

XIII. INTEREST AND USURY:

The rate of interest is six per cent per annum, unless a lower rate is stipulated. If any person, upon any contract, receives interest at a higher rate than six per cent, he forfeits three times the excess to the person aggrieved and suing therefor; but no contract is invalidated by reason of any stipulation for usurious interest; the money actually advanced may be recovered with legal interest. (Public Statutes, Chapter 203.)

Interest upon all judgments is at the rate of six per cent per annum. Interest upon unpaid taxes is at the rate of ten per cent before the sale of property taxed, and twelve per cent thereafter until time of redemption. Upon current accounts, interest commences from date of demand for payment, unless controlled by the custom of trade, which is a question of fact to be deter:nined by a trial thereof. 'Annual" interest is not usurious. (47 N. H. 300, 313.)

XIV. JUDGMENTS:

Are not a lien upon real estate as in some other states, and hold the property only as above stated. Foreign judgments are proven in accordance with the provisions of the United States statutes upon this subject. Attorney's fees cannot be taxed in the judgment in any case. In case there is no defense, or in the event of a final finding upon trial, judgments are entered up as of the last day of the terin of the court at which they are rendered, unless ordered, for cause shown, at an earlier day. When no defense is made judgment may ordinarily be obtained in the Supreme Court within six months. and in Justice and Police Courts within one month after the action is commenced.

XV. LIENS:

Any person to whom a tax is assessed upon the property of any other person has a lien upon the property and its income until the tax is paid. Boarding-house keepers have a lien upon the baggage and goods of their guests, save seamen, for their fare or board. Keepers of domestic animals have a lien thereon for their pasturing or board.

Laborers on vessels have a lien thereon for four days after the vessel is completed. Laborers on buildings, and persons furnishing materials to the amount of fifteen dollars or more, by virtue of a contract with the owner thereof, have a lien on the buildings and on the lot of land on which they stand, for the space of ninety days after the labor is performed or materials are furnished. Laborers on wood, bark, logs, lumber, or bricks have the same lien as laborers on buildings, and for the same time. The several liens of laborers may be secured by attachment within the times specified, which takes precedence of all other attachments.

No lien of vendor upon conditional sale of personal property (excepting leases of household goods containing an option to purchase at a specified time) shall be valid against attaching creditors or subsequent purchasers where the property passes into the possession of the vendee, unless the vendor takes and has recorded a memorandum in writing signed by the purchaser, stating the lien and the sum due thereon, to which there is attached an affidavit signed by the vendor and purchaser. This memorandum should be recorded, within twenty days after the delivery of the property, in the office of the town clerk of the town where the purchaser resides, if in this State, otherwise in that of the town where the vendor resides; but a record made at a later date will render the lien valid as against subsequent purchasers and attaching creditors. Any member of a partnership may make and subscribe the affidavit in behalf of the firm, and any director or other authorized person in behalf of a corporation.

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XVII.

MARRIED WOMEN: May hold real or personal estate, and convey, sell, devise, and bequeath the same as freely as if they were sole. They are entitled to absolute control of their own earnings, and are not liable for the debts of the husband. They may make contracts in their own name, buy goods, give notes, and transact any business whatever, as if sole, and bind their own property, both real and personal, in the course of such business, for their sole benefit and without the intervention of the husband. But a married woman or her separate estate cannot be held upon a contract or conveyance made by her as surety or guarantor for the husband, nor is any undertaking by her for him or in his behalf binding upon her.

The husband is not liable for debts contracted by the wife before marriage, nor can he in any way incumber or exercise authority over her property. The wife may constitute the husband her agent, and may maintain an action against him upon any contract made by her with him. It has also been holden that she may maintain trover against the husband if he converts her property. The wife is entitled to homestead and dower; the husband is entitled to curtesy as at common law in the lands of the wife.

The husband is liable for debts of the wife contracted after marriage as at common law. The husband cannot convey his improved real estate without the consent of the wife so as to bar her rights of dower and homestead therein. A wife deserted by her husband, or separated from him, or doing business in her own name, or when the husband is a spendthrift, insane, or under guardianship, has all the rights of a femme sole. The husband cannot convey real estate directly to the wife. Women become of age at twenty-one.

XVIII. MILLS AND MILL-DAMS:

Necessary repairs to mills, dams and flumes shall be made by joint owners in proportion to their respective interests; and in case of neglect of part of such owners to make such repairs, proceedings may be had before the selectmen upon petition of a party in interest and notice thereon, as provided by law. After hearing and an examination of the premises, the selectmen shall determine the necessity of repairs and shall apportion the expense amongst the respective owners, with such orders as to time and manner of repairing as they think best; but no order to rebuild shall be made unless the owners of at least one-half the premises assent thereto.

Any person, or a corporation duly authorized, may erect a dam upon any non-navigable stream, and thereby overflow the lands of other persons. If the damage be not adjusted within thirty days, proceedings may, upon petition of either party, be had in the Supreme Court. The court shall refer the petition to a committee of three. If such committee, after notice and hearing thereon, shall be of opinion that the flowing is or may be of public benefit and necessary for the use of the mills for which the dam was designed, they shall estimate the damages and make report to the next term of court, which may, upon motion, review the report and set it aside or render judgment thereon, after adding fifty per cent thereon to the estimate of damages. A jury trial of the material facts may be had upon motion of either party before the reference to such committee.

XIX. MORTGAGES:

Mortgages of real estate can secure only the liability actually existing at the time of their execution, and the condition must be expressed, stating distinctly the sum of money to be secured or thing to be done, and they must be executed with the same formalities as deeds. Mortgaged lands may be redeemed after condition broken and before foreclosure, by performance of the condition and payment of all damages and costs following the breach. The rights of the mortgagor and all claiming under him may be foreclosed: 1. By entry and possession for one year under process of law. 2. By peaceful entry upon the premises, and unbroken actual possession thereof for one year, and a publication in a newspaper in the county three weeks, stating the time of taking possession, the object thereof, the names of the parties, the date of the mortgage, and a description of the premises, the first publication to be at least six months before the right of redemption is foreclosed. 3. By publication as aforesaid, by the mortgagee in actual possession, giving notice that from and after a certain specified day, not more than twenty-eight days after the last publication, possession is to be holden for the purpose of foreclosure and by retaining actual peaceable possession of the premises for one year from and after the day specified in the notice or publication.

Personal property and crops, matured or growing, may be mortgaged. The mortgagee must take and retain actual possession of the chattels mortgaged, or the mortgage must be recorded in the office of the clerk of the town where the mortgagor lives at the time of making the same. No chattel mortgage is valid, save as between the parties thereto, unless the above provision of law is complied with, nor unless both of the parties subscribe and make oath that said mortgage was made solely for

security of the debt specified therein; that said debt is a just debt, and that mortgage was made for no other purpose whatever.

When a firm is a party, any partner may make and subscribe the affidavit; and when a corporation is a party, that may be done by any director or any other authorized person. If the mortgage is given for any other purpose than to secure a debt due from the mortgagor to the mortgagee, the agreement or liability upon which the mortgagee is indemnified or secured must be specifically stated in the mortgage, and the above affidavit so far varied as to verify the validity, truth, and justice of such liability or agreement.

The mortgagce may sell the property at auction at any time after thirty days from condition broken, posting notices of the sale in two public places in the town, and giving the mortgagor, if he resides in the town, a written notice of the sale, at least four days prior thereto; and may apply the net proceeds thereof to his debt. A chattel mortgage cannot be so drawn in this State as to cover future acquisitions.

XX. NOTES AND BILLS:

The indorser on a promissory note is discharged unless presentment and demand are made on the last day of grace. When the note is payable on demand, it is considered as maturing in sixty days from date, without grace. All negotiable paper, save that payable on demand, is entitled to three days of grace, and all such paper maturing on Sunday, February 22d, May 30th, July 4th, Thanksgiving, Fast, Christmas, Election, or Labor day, is due and payable on the next preceding day, and must be so noted and protested. No particular form of words is necessary to constitute a negotiable promissory note. It must be for the payment of money only and absolutely, and not be contingent either as to amount, fund, or person. Judgment notes are not allowed. XXI. SUITS:

The forms of original process are: writs of attachment, capias, replevin, and trustee process. There are also writs of scire facias and dower. In actions brought by non-residents, the writ must be indorsed by some responsible resident, who is thereby made liable for the costs. No security for costs is required of residents, save in cases of appeal. If either party resides in this State, transitory actions should be brought in the county in which one of the parties resides.

Parties are not entitled of right to a review of actions; but the court may grant a new trial where justice has not been done through accident, mistake, or misfortune, provided the party aggrieved petitions therefor within three years after the rendition of the judgment complained of or the failure of the suit. ("XVI. Limitations.") XXII. TAXES:

Tax or collectors' deeds are given to the purchaser after two years from the sale of the land at public auction, if the land has not been redeemed by tender or payment of the amount of the tax and costs of sale, with twelve per cent interest thereon from the time of the sale to the time of the tender of payment. Taxes become a lien upon the realty simultaneously with their assessment (April 1st of each year).

XXIII. WILLS:

Wills, to be effectual to pass real estate or personal property, must be made by persons of the age of twentyone years, of sound mind, in writing, signed by the testator, or by some person in his presence and by his express direction, and attested, and subscribed in his presence by three or more credible witnesses, who should be other than devisees or legatees.

Married women may dispose of their property by will. Nuncupative wills are valid only when declared in the presence of three witnesses who were requested by the testator to bear witness thereto, in his last sickness, and in his usual dwelling, except when the testator is taken sick from home and dies before his return, except it be when the property bequeathed is personal estate of less value than one hundred dollars. A memorandum thereof must be reduced to writing within six days and presented for probate within six months. (Public Statutes, Chapter 186, Section 17.)

All wills are recorded in the office of the register of probate for the respective counties. Wills must be proved and allowed by the Court of Probate to pass any estate. When executed out of this State the formalities of the place of execution must be observed.

CORPORATIONS.

I. ORGANIZATION:

Corporations may be formed under the general laws for any lawful purpose or for carrying on any lawful business, except banking, life insurance or endowment insurance, and railroading. Such a corporation can carry on its authorized business in this or any other state; but every corporation so organized which does not carry on

its business and have its principal office in this State shall pay a charter fee on the largest amount of its authorized capital, as follows: One per cent on the first one hundred thousand dollars; one-half of one per cent on all between that amount and one million dollars; and three-eighths of one per cent on the balance, such payment being a prerequisite to the existence of the corporation.

Corporations are organized under the general laws, as follows: Articles of association signed by five or more persons and setting forth the name, the object, the place of business, and the amount of capital stock of the proposed corporation, and the postoffice address of the signers, shall be recorded with the Secretary of State and with the clerk of the city or town in which the principal business is to be carried on, and the fee required by law, if any, shall be paid to the State Treasurer.

The clerk of said corporation shall be a resident of the State. Shares shall not be disposed of at less than par, to be paid in cash or its equivalent.

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Each stockholder shall be liable for all the debts of the corporation until the whole amount of the capital stock shall be paid in, and a certificate thereof, properly executed, filed with the clerk of the town where the principal place of business is located. They are not otherwise liable, except for money illegally received by them from the corporation.

Directors are individually liable as follows: If any loan of money shall be made by a corporation to a stockholder: if a dividend shall be made or any part of the capital stock shall be refunded to any stockholder, when the property is insufficient to pay the debts of the corporation: or if the corporation shall contract debts exceeding one-half the value of its property; in all such cases the directors shall be individually liable to the amount of such loan, withdrawal or excess of debts. The directors and treasurer shall also be individually liable for all the debts of the corporation if they fail to make an annual return during the month of May of the amount of all assessments, the amount of debts due to and from the corporation, and the amount of its assets and liabilities.

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I. ACKNOWLEDGMENTS: Of deeds may be taken within the State of New Jersey before the chancellor, or a justice of the Supreme Court, a master in chancery, judge of the Court of Common Pleas, or commissioner of deeds; without the State of New Jersey, before a justice of the Supreme Court of the United States, or a Circuit or District judge of the same, or a judge or justice of the Supreme or Superior Court, or a chancellor of the state, territory, or district: or a foreign commissioner of deeds for New Jersey, master in chancery of this State; or by any officer in

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Must be of the debtor's entire estate, real and personal. Such assignment must be acknowledged as are deeds, and recorded in the county in which the debtor lives and also where his real property lies. It must contain no preferences.

Wages of servants, clerks, and laborers up to three hundred dollars are preferred claims. Creditor must prove his claim before the assignee within three months. If any creditor fail to present his claim, he does not share in the assigned estate, but retains his right to obtain his claim from any property that the debtor may subsequently acquire. The debtor is discharged from all claims presented to the assignee.

IV. ATTACHMENT:

Upon affidavit by the creditor, his agent or attorney of the amount of his debt, and that the debtor is a nonresident, or has absconded from his creditors, the rights, credits, moneys, goods, chattels, and real estate of the debtor may be seized. The attaching creditor is paid the amount of his claim in full, if the estate of the debtor be sufficient. Any other creditor, upon affidavit of the amount of his debt, and application to the court, will be allowed to share pro rata in the proceeds of the attached property, after the payment in full of the claim of the plaintiff in attachment. An attachment will also issue in the following cases, upon an order made by a judge or a Supreme Court commissioner upon filing affidavits proving one of the following particulars: 1. That the defendant is about to remove any of his property out of the jurisdiction of the court in which action is about to be commenced, with intent to defraud his creditors. 2. That the defendant has property or rights in action which he fraudulently conceals. 3. That he has assigned, removed, or disposed of, or is about to assign, remove, or dispose of any of his property with intent to defraud his creditors. 4. That the defendant fraudulently contracted the debt or incurred the obligation respecting which such suit is brought.

V. CLAIMS AGAINST ESTATES:

Must be exhibited under oath to the executor or administrator within not less than six months from the date of the order of notice made by the Orphans' Court. Claims not so exhibited within the time limit may be barred. No action to compel payment of debts can be maintained against an executor or administrator within six months from the date of granting his letters. physician's bill during the last sickness, funeral expenses and judgments recovered during the lifetime of the decedent are to be first paid.

VI. COURTS:

The

In actions upon contract, justices of the peace have jurisdiction to two hundred dollars, District Courts to three hundred dollars, and Common Pleas, Circuit and Supreme Courts concurrent jurisdiction for any amount. If judgment for less than one hundred dollars be rendered in the Circuit Court, or less than two hundred dollars in the Supreme Court, no costs are allowed the prevailing party. The jurisdiction of Justices', District, Common Pleas and Circuit Courts is limited to the county in which they are located; but that of the Supreme Court runs throughout the State. The State Court of Chancery has jurisdiction in all equity cases, and exclusive original jurisdiction in divorce cases. The Court of Errors and Appeals has appellate jurisdiction only, and is the court of last resort.

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Follow the common law form. They must be sealed, a scroll being sufficient. One witness is sufficient, but not necessary. The wife must join the release of her right of dower, and a husband must join in a deed of his wife's land. The word heirs is necessary to a conveyance of the fee. Every conveyance made after July 4th, 1883, is void until recorded, as against all subsequent judgment creditors without notice, and as against all subsequent bona fide purchasers or mortgagees for a valuable consideration, not having notice thereof, whose deed or mortgage has been first duly recorded. Mortgages are foreclosed by proceedings in chancery, and the land sold by the order of the court. There is no redemption after such sale.

VIII. DEPOSITIONS:

May be taken by commission by obtaining answers to 12

written interrogatories or de bene esse by oral questions upon due notice.

IX. DESCENT:

Dower and curtesy exist as at common law, except that the husband has no estate by curtesy initiate while his wife lives. Real estate descends: 1. To children, and to the issue of deceased children per stirpes to the remotest degree. 2. To brothers and sisters of the whole blood, and to their issue as above. 3. To the father, unless the land came from the mother by gift, descent, or devise. 4. To the mother for life with the reversion in the next heirs. 5. To the brothers and sisters of the half blood or to their issue as above, but those who are not of the blood of the ancestor from whom the land came by descent, devise or gift, cannot inherit. 6. To all persons of equal degree of consanguinity to the person dying seized. The degrees are reckoned, according to the civil law, per capita, and not per stirpes. Those of the blood of the ancestor from whom the land came are preferred. If there are no persons capable of inheriting as above stated, the land descends to the husband or wife in fee simple.

In distribution, the civil law method of reckoning degrees of kindred is followed. If there are children, or their descendants. the widow receives one-third of the. personal estate, and the residue is divided among the children in equal shares, the children of a deceased child taking their parent's share. If all the children have died, the grandchildren take equally. If there be no widow, the children and their descendants take the whole estate as above. If there be no children or other descendants, the widow receives half, and the next of kin of equal degree receive the other half. If there be no widow or descendants, then the next of kin take the entire estate. If a child die leaving no widow, issue, or father, every brother and sister shares equally with the mother. There is no representation among collaterals, beyond the children of brothers and sisters.

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All wearing apparel, and goods and chattels to the value of two hundred dollars, of a debtor with a family residing in the State, are exempt from execution, except for the purchase money thereof. The lot and buildings thereon, owned and occupied by the debtor, who is the head of a family, are exempt to the value of one hundred dollars, if the debtor's deed state that the property is intended for a homestead, or if notice to that effect be filed in the county clerk's office.

XII. INTEREST AND USURY:

The legal rate of interest on debts and judgments is six per cent. Usury is punishable by forfeiture of all interest and costs. Interest on an open account accrues on each item from its date, as at common law. XIII. JUDGMENTS:

Are a lien upon the real estate of the debtor from the time of their entry, and so remain for twenty years, unless destroyed by an execution issued on a younger judgment, under which a levy is first made. If there be several judgments, that under which the first levy is made is prior in lien. Judgments of the Common Pleas and Circuit Courts are limited to the county in which they are recovered, but those of the Supreme Court extend throughout the State. Judgments of Justices' and District Courts may be docketed in the Court of Common Pleas, and thence in the Supreme Court, and those of the Circuit and Common Pleas may be docketed in the Supreme Court. Docketed judgments have equal lien with those of the court wherein they are docketed. XIV. LIENS:

Are secured to mechanics, laborers, and material men on buildings and the land, for labor and materials for building and repairing. Additions and fixed machinery are held to be buildings. The lien claim must be filed in the county clerk's office within four months after the completion of the work, and the summons commencing the suit must be issued within three months after the completion of the work. If the work is done by contract in writing, filed in the county clerk's office, the contractor only has a lien upon the premises.

XV. LIMITATIONS:

Suits upon contracts not under seal must be brought within six years; upon real actions and judgments, within twenty years; upon notes secured by mortgage and contracts under seal, within sixteen years. Debts may be revived by part payment or by a new promise or acknowledgment in writing.

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