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refused or cannot be obtained by agreement, or by reason of the infancy or absence of such person from the State, or other legal disability of the owners of such lands, every sucn corporation may acquire such right and easement by condemnation, which right and easement when required shall be deemed to have been so granted for a public use, and for the public purpose of obtaining minerals reserved to the State. Before instituting any proceedings for such condemnation the corporation shall file with the Commissioners of the Land Office, a full description of the location of such lands, and obtain a grant of the right to acquire such right and easement from such commissioners who are authorized to make the same and fix the terms thereof.

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May be taken within the State by any judge or clerk of a court of record, or any justice of the peace or notary public. In other states by any commissioner appointed by the Governor of this State, and clerks of courts of record in such states; and in foreign countries by a mayor or other chief magistrate, or any minister, consul or commercial agent of the United States. Acknowledgments of deeds, to which Superior Court clerks are parties or interested in, may be taken before any judge of a Superior Court or justice of the Supreme Court, or a justice of the peace.

II. ARREST:

Defendant may be arrested in a civil action in the following cases: 1. In an action arising on contract where defendant is a non-resident of the State, or is about to remove therefrom with intent to defraud his creditors; and in an action for the recovery of damages on a cause of action not arising out of contract, where the action is for injury to person or character; or for wrongfully taking, detaining or converting property, real or personal. 2. In an action for a fine or penalty, for money received; or for property embezzled or fraudulently misapplied. by any public officer, attorney, solicitor or counselor, officer or agent of a corporation or banking association, in the course of his employment as such; or by any factor, agent, broker, or other person in a fiduciary capacity; or for any misconduct or neglect in office, or in a professional employment. 3. In an action to recover the possession of personal property unjustly detained, where the property, or any part thereof, has been concealed, removed or disposed of, so that it can not be found or taken by the sheriff, and with the intent that it should not be so found or taken; or with the intent to deprive the plaintiff of the benefit thereof. 4. When the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought; or in concealing or disposing of the property for the taking, detention or conversion of which the action is brought; or when the action is brought to recover damages for fraud or deceit. 5. When the defendant has removed or dis

posed of his property, or is about to do so, with intent to defraud his creditors.

The provisions of the act do not apply to proceedings for contempt, and no female shall be arrested in any action, except for willful injury to person, character or property. Defendant arrested is at any time, before judgment, entitled to a jury trial on motion to vacate order of arrest. (Laws of 1889, Chap. 497.)

III. ASSIGNMENT:

An insolvent debtor may be discharged by filing petition and making assignment of property to a trustee for benefit of all creditors. But his subsequently acquired property (not exempt) is liable for the satisfaction of his debts. No creditor not having received notice is bound by the discharge. Any creditor may suggest fraud, and on fraud or concealment being found by jury, judgment will be that debtor be imprisoned until a full and fair disclosure of all his money, property or effects be made. Voluntary assignments are only good against creditors from registration. A debtor may in an assignment prefer one creditor to another.

IV. ATTACHMENTS:

Process may issue against the property of a non-resident debtor, or one who has departed from the State to defraud his creditors or to avoid the service of a summons, or keeps himself concealed therein with like intent; or against a foreign corporation; or if such person or corporation has removed, or is about to remove any of his or its property from this State with intent to defraud his or its creditors, or has assigned, disposed of, or secreted. or is about to assign, dispose of, or secrete any of his or its property with the like intent, whether such debtor is a resident of this State or not.

The creditor procuring warrant of attachment must, within ten days, file affidavits in the clerk's office, or before a justice of the peace, if the warrant is taken out in his court, stating the grounds on which the warrant of attachment is asked. The creditor is also required to give good bond and security for costs and damages in case the proceeding by attachment is wrongful or oppressive. Garnishee process is not known under the statute. In actions arising on contract for recovering of money only, or in an action for the wrongful conversion of personal property, attachment process may issue at the time or after the issuing of the summons.

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and leave obtained. From Justices' Courts they issue at once; returnable in sixty days.

Stay of execution is granted as follows: Under twentyfive dollars, one month; twenty-five dollars to fifty dollars, three months; fifty dollars to one hundred dollars, four months; above one hundred dollars, six months. There is no redemption on property sold on execution or mortgage. Notice of sale of real estate under execution to be posted at four public places, including court house, and advertisement to be made in county newspaper for thirty days preceding such sale.

VIII. EXEMPTION:

Every homestead, and dwellings and buildings used therewith, not exceeding in value one thousand dollars, to be selected by the owner thereof; or in lieu thereof, at the option of the owner, any lot in any city, town or village, with the dwellings used thereon, owned and occupied by any resident of the State, and not exceeding the value of one thousand dollars. Personal property of the value of five hundred dollars. This law does not apply to debts contracted prior to August 20th, 1868, or to taxes, payment of purchase money, or laborers' or mechanics' lien. The exemptions allowed when debt was contracted prior to August 20th, 1868, are those that were in force at such time.

IX. INTEREST:

Six per cent is the prescribed usual rate. Rate on judgments and open accounts, six per cent. Taking-knowingly-a greater rate of interest, is forfeiture of the entire interest, and in case a greater rate has been paid, the person who has paid it, or his legal representatives, may recover back, in an action in the nature of an action of debt, twice the amount of interest paid. Interest, if not paid when due, bears simple interest-"starts on a career of its own,' " i. e., when a time for payment of interest is specified, as, for instance, annually.

X. JUDGMENTS:

Judgments in the Superior Court are a lien from the time they are docketed, on all real property of defendant within the county, and can be transferred to other counties by filing transcript. Judgments from Justices' Courts are not a lien until levy is made. Lien continues ten years from time of docketing. Justice Court and Supreme Court judgments may be made judgments of the Superior Court in all respects by docketing them in said court. Judgments and decrees of United States Circuit and District Courts may be docketed in Superior Courts for purpose of creating liens.

XI. LIENS:

Material-men have a lien on every building, lot, farm or vessel for materials furnished by them to build, repair or remove the same. The lien also covers the lot on which the building or improvement is made, and is superior to any lien or incumbrance created after the materials are furnished. The claim for a lien must be filed in the office of the clerk of the Superior Court within twelve months after the materials are furnished. This claim must be verified and must contain the names of the parties, a bill of the items so as to show the amount due, and a description of the property on which a lien is claimed; and if there be a special or a written contract, its terms must be stated. To enforce the lien a suit must be begun in the Superior Court within six months after the lien is filed. Sub-contractors must not only file lien, but must also notify owner before he settles with contractor and furnish owner with statement of amount due. Owner may require contractor to furnish an itemized statement of amounts due material-men. Owner may retain enough out of contract price to pay material-men. Owner cannot be held liable to sub-contractor for any greater sum than was due contractor when notice is given him of the claim of a lien by sub-contractor. XII. LIMITATIONS:

Actions on accounts and contracts not under seal must be commenced in three years, and on a note under seal must be commenced within ten years, or the statute of limitation may be pleaded against recovery. In cases of fraud or mistake cause of action does not accrue until the discovery by the aggrieved party of the facts constituting such fraud or mistake. Part payment or new promise in writing constitutes revivor. XIII. MARRIED WOMEN:

Married women retain their real and personal property acquired before or after marriage, as their separate estate, not liable for the debts or obligations of their husbands. But no woman under coverture, unless she be a free trader, can make a binding contract, except for her necessary personal expenses, or for the support of the family, or for such as may be necessary in order to pay her debts existing before marriage, without the written consent of her husband. Widow's dower is one-third in value of all the lands and real estate of which her husband was seized during her coverture. Statute also allows widow a "year's allowance" out of the personal property of the husband.

XIV. MILLDAMS:

Anyone desiring to erect a milldam on a stream of which he owns one side and part of the bed, and who cannot agree with the owner of the opposite bank as to the amount of damages, may file a petition in the Superior Court of the county where such dam is to be erected, and the court will appoint three disinterested persons as commissioners who will assess the damages. After payment of all damages and costs, the applicant will have a right to begin his construction.

Whoever shall cut away, destroy or injure any dam, or who shall obstruct any race, canal or water channel used for furnishing water for any mill, factory or machine works, shall be subject to both fine and imprisonment and also to a civil action by the party injured. If any person willfully fells any tree or puts any obstruction in any branch, creek or other stream, whereby navigation of such stream by any raft or flat may be impeded, delayed or prevented, he shall be subject to a fine not to exceed fifty dollars or imprisonment not to exceed thirty days.

XV. MORTGAGES:

Mortgages must be registered within the county where the land lies to be valid as against creditors or subsequent purchasers for a valuable consideration. Mortgages are foreclosed by action, except when a power of sale is given. Chattel mortgages and lien bonds must be registered. Privy examination of wife is required in chattel mortgages of furniture. All conditional sales of personal property in which title is retained by bargainor must be reduced to writing, and registered in same manner and with same legal effect as chattel mortgages. They are required to be registered in the county where the purchaser resides, or, when purchaser is a non-resident of the State, in the county where the personal estate, or some part of it, is situated. Absolute deeds are only good against creditors or purchasers from registration. Title does not pass if purchaser has notice of prior unregistered deed. Corporations are empowered to convey lands, etc., by deed signed by the president or presiding member or trustee, and attested by the secretary of the company. In all mortgage sales under power of sale in mortgage deed, notice of sale must be posted at court house door. (Laws of 1889, Chapter 70.)

XVI. NOTES AND BILLS:

Bills

There is no statute defining commercial paper. of exchange and promissory notes are what are known as "commercial paper." There is no fixed place of payment, unless parties fix it in the instrument itself. If this is not done by the parties, the old rule prevails that the debtor must seek the creditor, though in practice the exact reverse obtains. Grace is allowed on all drafts except those payable on demand. All bills and notes bear interest from maturity unless otherwise stipulated. An indorser of a note is deemed a surety, and no demand on the maker is necessary before commencing suit against surety or indorser; but this does not apply to bills of exchange.

Where a bill is drawn or indorsed in this State upon any person or corporation in any other of the United States or any of the territories and is protested, it shall bear damages; viz: three per cent on the principal sum.

Bills of exchange and promissory notes-both those under seal and those not-are negotiable; and all notes and bonds with more than one obligor are by statute joint and several. notice of non-payment must be given him. To charge indorser of bill of exchange.

The first of January, twenty-second of February, tenth of May, twentieth of May, fourth of July, the day appointed by the Governor as Thanksgiving Day, and the twenty-fifth of December of each and every year are public holidays.

XVII. SUITS:

Process in court must be served ten days before first day of term. The action is commenced by issuing a summons and filing a complaint in the clerk's office. Actions before justices are commenced by issuing summons to be served on the debtor, which is made returnable at some time and place within the county to be designated by the justice. Judgment can usually be obtained in two days. Complaint must be filed in courts of record within the first three days of term, and answer or demurrer within the term to which the summons is returnable. Pleadings before a justice may be either oral or written. Practice is under a code known as the "Code of Civil Procedure."

XVIII. TAXES:

Taxes are due on September 1st of each year, and constitute a lien from that date. Sales for delinquent taxes are made after notice given. Delinquent may remain on the land one year, and may redeem within that time by paying the amount bid by the purchaser and interest thereon at the rate of twenty per centum per annum from the date of purchase. When land is sold taxes, the sheriff gives purchaser a certificate, which is assignable, and may be foreclosed as a mortgage, provided foreclosure proceedings are begun within two years. Purchaser can also demand a deed after one year from sale day.

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CORPORATIONS.

1. ORGANIZATION:

Corporations for mining and manufacturing may be formed on application to the Secretary of State, acknowledgment of articles of incorporation being made before a clerk of the Superior Court in the place where such corporation shall have its principal office. The articles of agreement shall set forth:

1. The corporation name. 2. The business proposed. 3. The place where it is proposed to be carried on. 4. The length of time desired. 5. The names of persons who have subscribed. 6. The amount of the capital and the number of shares and amount of each. These articles shall be under the hands and seals of the parties applying for such corporation.

II. POWERS:

To sue and be sued by its corporate name; to have a common seal; to render interest of stockholders transferable; to exempt the private property of stockholders from liability for corporate debts; to hold land; to make contracts, acquire and transfer property; but all contracts involving or incurring a liability by the corporation to an amount exceeding one hundred dollars must be in writing and signed by some proper officer of the corporation, or under the common seal. No corporation shall exist longer than sixty years.

III. DISSOLUTION:

A corporation may be dissolved: 1. For any abuse of its powers to the injury of the public or of the corporation, or of its creditors or debtors. 2. For non-user of its powers for two years or more consecutively. 3. For insolvency manifested by the return of an execution unsatisfied upon a judgment against the company docketed in the Superior Court of the county where it has its only or principal place of business. 4. Upon any conviction of the company of a criminal offense, if such offense be persistent.

I. LEASES:

MINING.

All leases and contracts for leasing land for the purpose of digging for gold or other minerals or for mining generally, of whatever duration, shall be void, unless put in writing and signed by the party to be charged therewith or by some other person by him thereto lawfully authorized. Lessors of mines are not partners with their lessees, unless they so contract.

II. WATER RIGHTS:

Any person or body corporate engaged or about to engage in mining, who may find it necessary for the furtherance of his or its operations to convey water either to or from his or its mine or mines over the lands of any other person or persons, may make application by petition in writing to the clerk of the Superior Court of the county in which the lands to be affected, or the greater part, are situated, for the right so to convey the said water. The petition shall specify the lands to be affected, the name of the owner of said lands and the character of the ditch or drain intended to be made; and said owner shall be made party defendant, and jurors, three in number, shall be appointed to assess the damage to the owner of said lands, and the party must first pay or tender the damages so assessed, when he will have full right and power to enter and construct said ditch or drain. Any person obstructing said ditch or drain shall be guilty of a misdemeanor.

III. RECEIVER:

The working of mines will not be enjoined in North Carolina, but a receiver may be appointed to take charge in case of litigation, where it appears the party in possession is of doubtful ability to respond in damages if he be cast in the action.

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register of deeds or a justice of the peace, or a United States Circuit or District Court commissioner or county auditor.

The proof or acknowledgment of an instrument may be made without the State, but within the United States, and within the jurisdiction of the officer, before cither a justice, judge or clerk of any court of record in the United States, or of any state or territory; a notary public or any other officer of the state or territory where the acknowledgment is made, authorized by its laws to take such proof or acknowledgment; or by a commissioner appointed for the purpose by the Governor of this State, pursuant to the political code.

The proof of acknowledgment of an instrument may be made without the United States before either a minister, commissioner or charge d'affaires of the United States, resident and accredited in the country where the proof or acknowledgment. is made; a consul, vice-consul or consular agent of the United States, resident in the country where the proof or acknowledgment is made; a judge, clerk, register or commissioner of a court of record, or a notary public of such country; or an officer authorized by the laws of the country where the proof of acknowledgment is taken. When any of the officers above mentioned are authorized by law to appoint a deputy, the acknowledgment or proof may be taken by such deputy in the name of his principal.

Proof of the execution of an instrument, when not acknowledged, may be made either by the party cxecuting it, or either of them, or by a subscribing witness, or by other witnesses in certain cases.

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In an action on a contract or judgment for the recovery of money only, or the wrongful conversion of personal property, the plaintiff may have the property of the defendant attached.

1. When the defendant is a non-resident of the State or is a foreign corporation. 2. When the defendant has absconded or concealed himself. 3. When the defendant has removed or is about to remove his property, or a material part thereof, from the State, not leaving enough therein for the payment of his debts. 4. When the defendant has sold, assigned, conveyed, transferred, secreted or otherwise disposed of his property with intent to defraud his creditors, or to hinder or delay them in the collection of their debts, or is about to do the same with that intent. 5. When the defendant is about remove his residence from the county where he resides, with the intention of permanently changing the same, and fails or neglects on demand to give security for the

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debt upon which the action is commenced. 6. When the debt upon which the action is commenced was incurred for property obtained under false pretenses. 7. When the defendant is about to remove his property, or a terial part thereof from the State, with the intent, or to the effect of cheating or defrauding his creditors, or hindering or delaying them in the collection of their debts. An action may be brought upon a claim before it is due, and the property of the defendant attached in any of the cases mentioned, except in subdivisions one, two and five, but judgment cannot be rendered in such action until the debt becomes due.

IV. CLAIMS AGAINST ESTATES:

Claims against the estates of deceased persons must be presented to the executor or administrator within the time fixed by notice of such presentation, which must not be less than six months after the first publication of notice, if the estate exceeds the value of five thousand dollars, or four months if less than that. They must also be presented to the court for adjustment within such time. All claims not so presented are forever barred, but this does not affect the right to foreclose a mortgage or other lien upon specified property by civil action; and the right to foreclose a mortgage on real property by advertisement, when the County Court has not obtained jurisdiction of the estate of the mortgagor, is not affected by this provision.

If a claim is rejected, claimant may have a citation issue to the executor, to show cause why it should not be allowed. The question of allowance is tried in the County Court, and a decree made allowing or disallowing such claim or counterclaim, or any part of the same, from which an appeal lies to the District Court, where the question is tried anew. No claim barred by the statute of limitation can be allowed.

V. COURTS AND FEES:

The District Court and Court of Justice of the Peace have concurrent jurisdiction in actions for the recovery of money only, where the amount in controversy does not exceed two hundred dollars. County Courts, where given jurisdiction by vote of the county, have concurrent jurisdiction with the District Court in such actions where the amount does not exceed one thousand dollars. Municipal courts in Fargo and Grand Forks have like jurisdiction. In all other cases the District Court has exclusive jurisdiction in law and equity. Two terms of the District Court are held in each county each year. In Cass County, of which Fargo is the county seat, four terms are held. The Supreme Court has appellate jurisdiction and holds two terms in each year at Bismarck, the capital-one in April and one in October.

Acknowledgment before notary public, justice or clerk of court

Commencement of suit in court of record, for money.

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Witness: per mile one way, 10 cents, and per day.... 1.00 VI. DEEDS:

Conveyance may be made by husband and wife, or wife to husband. All rights of dower or curtesy are abolished. The wife need not join in a conveyance of land belonging to her husband, nor is it necessary that the husband shall join in conveyance of land belonging to his wife. The homestead of a married person cannot be conveyed unless the husband and wife both execute and acknowledge the conveyance.

An estate in real property, other than an estate at will, or for a term not exceeding one year, can be transferred only by operation of law, or by an instrument in writing, subscribed by the party disposing of the same, or by his agent, thereunto authorized by writing. The execution of a grant of such estate in real property, if it is not duly acknowledged, must, to entitle the grant to be recorded, be proved as provided by law.

A written instrument is presumptive evidence of consideration. Witnesses or seals are not necessary to the

validity of a deed or other instrument affecting title to real property, except wills.

VII. DEPOSITIONS:

Depositions may be taken in civil actions upon notice to the adverse party, and in all cases triable by the court, all the evidence may be taken by deposition; in other cases the evidence of witnesses may be taken by deposition when they reside out of the county where the case is pending, and such depositions may be taken at any time after service upon or appearance by the defendant. When there is no appearance by the defendant, depositions may be taken without notice after the time to answer expires, and before appearance, and before the time for answering expires, they may be taken upon notice served by publication for three weeks.

Depositions must be authenticated with the certificate of the person taking them, with his seal of office, and if he have no seal, and the deposition is taken without the State, his signature must be authenticated either by parol proof, adduced in court, or by the official certificate and seal of any secretary or other officer of state, keeping the great seal thereof, or by the clerk or prothonotary of any court having a seal. Depositions may be taken under a commission, in which case the signature of the commissioner is sufficient authentication.

The officer taking the deposition must annex thereto a certificate showing, that the witness was sworn; that the deposition was reduced to writing by some proper person, naming him; was subscribed in the presence of the officer certifying thereto, and was taken at the time and place specified in the notice.

Depositions may be typewritten. When taken, the deposition should be sealed and the sealed package containing the deposition should be addressed to the clerk of the court in which the action is pending, and endorsed with the title of the action and the signature of the officer taking the same.

VIII. DESCENT:

When any person dies intestate, his property, except the homestead and certain personal property, after payment of debts and expenses of administration, unless limited by a marriage contract, is distributed as follows: If the decedent leaves a surviving husband or wife, and only one child, in equal shares. If the decedent leaves no surviving husband or wife, the whole estate goes to the children in equal shares. The children of a deceased child take by right of representation. If the decedent leaves no children and the estate does not exceed in value five thousand dollars, all the estate goes to the surviving husband or wife, and the excess over five thousand dollars, if any, goes one-half to the surviving husband and wife, and the other half goes to the decedent's father, and if he have no father living, then to the mother. If the decedent leaves no issue, nor husband nor wife, the estate goes to the father, and if there be no father, to the mother. If decedent leaves no husband, wife, father, brothers or sisters living, the estate goes to his mother, to the exclusion of the issue of any deceased brothers or sisters. If the decedent leaves a surviving husband or wife, and no issue, father, mother, brother or sister, the whole estate goes to the surviving husband or wife. If there be no issue, nor husband, wife, father nor mother, the estate goes in equal shares to the brothers and sisters, and to the children of any deceased brother or sister by representation. If the decedent leaves none of the aforementioned, the estate goes to the next of kin in equal degree; if there are two or mcre collateral kindred in equal degree, but claiming through different ancestors, those claiming through the nearest ancestor must be preferred; and if a surviving child dies under age and unmarried, his share goes to the surviving brothers and sisters by right of representation. If the decedent leaves no husband, wife nor kindred, the estate escheats to the school fund of the State for the support of common schools. The degree of kindred is established by the number of generations, and each generation is called a degree. Kindred of the half blood inherit equally with those of the whole blood, unless the inheritance came to the estate by descent, devise or gift of some one of his ancestors, when those of the half blood are excluded.

A homestead estate, which is the right to the possession, use, control, income and rents of real property, occupied or held as a homestead, descends to the surviving husband or wife, or if neither, to the decedent's minor child or children till the youngest reaches majority. When the homestead estate is fully satisfied, the property is dis tributed as other property.

IX. EXECUTIONS:

Executions issue of course at any time within ten years after judgment. Executions issued from the District Court must be returned within sixty days, and from Jus tice Courts within thirty days. There is no stay of execu — tion except in Justice Court, where a stay may be hac upon giving proper bonds.

X. EXEMPTIONS:

The following property is absolutely exempt to the head of a family from attachment on mesne process, and from

levy and sale on execution, and from any other final process issued from any court. All family pictures; a pew or any other sitting in any house of worship; a lot or lots in any burial ground; the family bibie, all school books, and all other books not exceeding in value one hundred dollars; all wearing apparel and clothing of the debtor and his family; provisions for same necessary for one year's supply, either provided or growing, or both; fuel for one year's supply; and the homestead, as created, defined and limited by law. In addition to the above mentioned property, the head of a family may, by himself or his agent, select from all other of his personal property, not absolutely exempt, goods, chattels, merchandise, money or other personal property not to exceed in the aggregate fifteen hundred dollars in value, which is also exempt.

Instead of the fifteen hundred dollars exemption, the head of a family may select and choose the following property, which shall then be exempt, namely: All miscellaneous books and musical instruments for the use of the family, not exceeding five hundred dollars in value; all household and kitchen furniture, including beds, bedsteads and bedding used by the debtor and his family, not exceeding five hundred dollars in value; three cows, ten swine, one yoke of cattle, and two horses or mules, or two yoke of cattle, or two span of horses or mules; one hundred sheep and their lambs, under six months old, and all wool of the same, and all cloth or yarn manufactured therefrom; the necessary food for the animals herein before mentioned for one year, either provided or growing, or both, as the debtor may choose; one wagon, one sleigh, two plows, one harrow and farming utensils, including tackle for teams, not exceeding three hundred dollars in value; the tools and implements of any mechanic, whether a minor or of age, used and kept for the purpose of carrying on his trade or business, and in addition thereto stock in trade not exceeding two hundred dollars in value. The library and instruments of any professional person, not exceeding six hundred dollars in value.

No personal property is exempt (except that absolutely (xempt) from execution for laborer's or mechanic's wages, or physician's bills, or for a debt incurred for property obtained under false pretenses.

Save in the case of those made absolute, the exemptions do not apply: To a corporation, for profit; to a non-resident: to a debtor who is with his family removing from the State, or who has absconded, taking with him his family.

A partnership firm cannot claim more than one exemption of fifteen hundred dollars in value, or the alternative property, and not a several exemption for each partner; and such exemption will constitute a part of the exemption to which each partner is entitled from his property. No property is exempt from execution for the purchase money of the same property, or any part thereof. XI. HOMESTEAD:

Homestead to every head of a farily, who is every person who has resident with him under his care and maintenance relatives on him dependent, not exceeding in value five thousand dollars; if in a town plat, not exceeding two acres, and if not, not exceeding one hundred and sixty acres, to be selected and appraised as provided by statute, is exempt from judgment, lien and execution or forced sale, except: 1. On debts secured by mechanics' or laborers' lien for work or labor done, or material furnished exclusively for the improvement of the same. 2. On debts secured by mortgage of the premises, executed and acknowledged by both husband and wife, or by an unmarried claimant. 3. On debts created for the purchase price thereof, and for all taxes accruing and levied thereon.

The homestead of a married person cannot be conveyed or incumbered unless the instrument by which it is conveyed or incumbered is executed and acknowledged by both husband and wife.

XII. INSOLVENCY:

An insolvent debtor owing debts provable in insolvency to the amount of five hundred dollars may apply by petition to the District Court, annexing to his petition a schedule of all his property, debts and creditors, with their places of residence, verified by affidavit. The court then directs notice to be given to creditors, and an assignee is chosen, as hereinafter stated.

A debtor owing debts provable in insolvency of five hundred dollars, who: 1. Departs from the State with intent to defraud his creditors, or being absent, remains absent with such intent. 2. Who conceals himself to avoid the service of legal process in any action for the recovery of such debt. 3. Who conceals any of his property to avoid its being seized on legal process. 4. Who makes any assignment, gift, sale, conveyance or transfer of property, rights or credits, or allows or suffers a judgment against himself, or allows or suffers his property to be taken on legal process with intent to give a preference to one or more of his creditors, or to any person or persons who are or may be liable for him as indorsers, sureties or otherwise, or with the intent by such disposition of his property to defeat or delay the operation of the insolv

ency law; or who, being insolvent, has suffered execution for five hundred dollars or more to be returned unsatisfied, or being a merchant or tradesman, has suspended and not resumed payment of commercial paper for thirty days for five hundred dollars or more, unless the party holding such paper has in writing waived the right to proceed in insolvency, shall be deemed to have committed an act of insolvency and become liable to be adjudged an insolvent, and proceedings in insolvency may be commenced by the filing of a verified petition of one or more creditors, the aggregate of whose provable debts amounts to at least four hundred dollars.

The petitioners must file an undertaking agreeing to pay the damage the insolvent may sustain by reason of the proceeding. The undertaking must be in the sum of not less than five hundred dollars. The court may, if there is danger of the debtor absconding or disposing of his property, issue a warrant for his arrest and for the seizure of his property. Upon the filing of such petition, notice is given to creditors, as in voluntary insolvency. The debtor may file a verified answer, traversing the allegations of the petition, and demanding a jury trial. If he does not do so when he answers, the court must immediately proceed to try the issues raised by his answer, and upon the trial may adjudge the debtor to be insolvent. Thereupon the debtor is required to forthwith file with the clerk of the court a schedule of all his property, containing a list of all his creditors, their places of residence, if known, the sum owing to each, the nature of their demand, true consideration, and a statement of interests, judgments, mortgages or collateral security for the payment of his debts.

Upon an adjudication of insolvency, notice is immediately given, and all persons forbidden to pay the debtor any debts, or deliver any property to him, and notice is given to the creditors of a hearing to choose an assignee. The judge of the court presides at a meeting of the creditors, and an assignee is chosen. Upon giving the proper bond, the clerk of court assigns and conveys to the assignee all the property of the debtor, real and personal, except such as is exempt from execution, and vesting the title to all such property in the assignee, and dissolving all levies made upon any such property within sixty days next preceding commencement of insolvency proceedings. The insurance upon the life of a debtor does not pass by such assignment.

All debts due from the insolvent at the time of the commencement of proceedings, and all debts then existing, but not due, may be proved against the estate. All demands for the wrongful taking and conversion of personal property may be proved as debts, and when the insolvent is liable for unliquidated damages the court may cause such damages to be assessed, and the sums so assessed may be proved against the estate.

If it appear that the debtor has made a full disclosure and delivered all his estate as required, the court must grant him a certificate of discharge, which discharges him from debts provable under the insolvency law founded on any contract made by him subsequent to the taking effect of the act, and while a resident of this State, to be performed within the State, or due to any person residing in the State at the time of first publication of notice requiring creditors to show cause, and from all demands against him for or on account of any personal property wrongfully obtained, taken or withheld by him. A discharge of the debtor does not release persons liable for or with him for the same debt.

No discharge can be granted if the debtor has been guilty of any fraud whatsoever contrary to the intent of the insolvency law.

XIII. INTEREST AND USURY:

The legal rate of interest is seven per cent. Parties may contract not to exceed twelve per cent. The penalty for usury is the forfeiture of the interest, if not paid: and if paid, the borrower may recover back double the amount, the same as under the National Bank Act.

XIV. JUDGMENTS:

Judgments are a lien upon real property for ten years, and are barred by the statute of limitations at the expiration of ten years from their date. Judgment in default of an answer may be taken when service is made on the defendant within the State, on the expiration of thirty days; when service is made on defendant outside of the State, after the expiration of forty-five days; when it is made by publication, after the expiration of sixtysix days.

XV. LIENS:

Any person performing any labor or furnishing materials, machinery or fixtures for the improvement of real estate under a contract with the owner, has a lien upon the real estate upon which such improvement is situated for the amount of the labor and material furnished, and the lien is perfected by filing a verified statement of the account in the office of the clerk of the District Court within ninety days after the furnishing of the labor or material. Such liens have priority as follows: 1. For manual labor. 2. For materials. 3. Sub-contractors other than manual laborers. 4. Original contractors.

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