5. Upon any agreement made upon consideration of marriage; or 6. Upon any contract for the sale of real estate, or the lease thereof, for more than a year; or 7. Upon any agreement that is not to be performed within a year Unless the promise, contract, agreement, representation, assurance, or ratification, or some memorandum or note thereof, be in writing, and signed by the party to be charged thereby, or his agent; but the consideration need not be set forth or expressed therein. Limitation of Actions. No person shall make an entry upon, or bring an action to recover any land, bat within fifteen years next after the time at which the right to make such entry or to bring such action shall have first accrued to himself or to some person through whom he claims. An infant, married woman, and an insane person, have ten years after the removal of such disability, provided the disability shall not enable the person to bring such action or make such entry after the lapse of thirty years from the time when the right first accrued. Every action to recover money which is founded upon an award, or on any contract other than a judgment or recognisance, shall be brought within the following number of years after the right shall have first accrued, viz. : If the case be upon an indemnifying bond taken ander any statate, or upon a bond of an executor, administrator, guardian, curator, committee, sheriff or ser geant, deputy sheriff or sergeant, clerk or deputy-clerk, or any other fiduciary or public officer, within ten years. If it be upon any other contract by writing ander seal, within twenty years. If it be upon an award, or be upon a contract by writing, signed by the party to be charged thereby, or by his agent, but not under seal, within five years. And if it be upon any other contract, within five years, unless it be an action for any articles charged in any store account, in which case the action may be brought within two years; or an action by one partner against his copartner for a settlement of the partnership accounts, or upon accounts concerning the trade of merchandise between merchants, their factors or servants, where the action of account would lie ; in either of which cases the action may be brought until the expiration of five years from a cessation of the dealings in which they are interested together, but not after. Every personal action, for which no limitation is otherwise prescribed, shall be brought within five years. Every action upon a judgment or decree rendered in any other state or country shall be barred, if, by the laws of such state or country, such action would there be barred. And whether so barred or not, no action can be brought on such judgment against a resident for the ten years last past, which was rendered more than ten years before the commencement of the action. Collection of Debts. ATTACHMENT.-When any suit is instituted for any debt, or for damages for breach of any contract, on affidavit, stating the amount and justice of the claim, that there is present cause of action therefor, that the defendant or one of the deSendants is not a resident of this state, and that the affiant believes he has estate or debts due him within the county or corporation in which the suit is, or that he is sued with a defendant residing therein, the plaintiff may forth with sue out of the clerk's office an attachment against the estate and she non-resident defendant for the amount so stated. Imprisonment for debt does not exist, except in the following instance If a plain in any action at law, or suit in chancery, shall by affidavit show to the satisfaction of the court in which his suit is pending, or to any judge or justice of the peace, that he has cause of action or suit against a defendant, and that there is probable cause for believing that the defendant is about to quit the state, unless he be forthwith apprehended, it shall be lawful for such court, judge, or justice, to direct that the defendant be held to bail in such amount as the said court, judge, or justice, may think fit; and thereupon the plaintiff may sue out in such suit a writ of capias ad respondendum, against the defendant, upon the plaintiff's giving bond with security approved by the clerk of the court, in a penalty equal to the amount in which the defendant is directed to be held to bail, payable to the defendant, and conditioned for the payment of all damages which may result by reason of the arrest of the defendant. Under this writ of capias, the de. fendant may be arrested and committed to jail, unless he give bond and security to the officer making the arrest, in the sum aforesaid, that in case there shall be in such action or suit any judgment, decree, or order, on which a writ of fieri facias might issue, and within four months after such judgment-decree or order, interrogatories be filed with a commissioner of the court under the 5th sec, of chap. 188 of the code, the said defendant will, at the time the commissioner issues a summons to answer such interrogatorics, be in the county or corporation in which the commissioner resides, and will within the time prescribed in the summons, make proper answer upon oath to such interroga. tories, and make such conveyance and delivery as is required by the said chapter, or in case of failure to file such answers and make such conveyance and delivery, to perform and satisfy the said judgment, decree, or order. The capias may be quashed by the court or by a judge in vacation, if issued upon false suggestions. By a subsequent amendment a defendant may be discharged from custody by a commissioner of the court, or by a judge before judgment, decree, or order upon reasonable notice to the plaintiff, that unless he files his interrogatories he shall apply for his discharge; or the defendant may be discharged when they shall have been filed, and answered by the defendant as above directed, upon like notice, before any judg ment, decree, or order. Deeds. A SCROLL, affixed by way of seal, is as valid as a seal. Any deed of trust, mortgage, or other writing, made by a husband or parent to give a lien on property which is exempt from distress or levy, shall be void as to such property. Every deed of gift, of trust, or mortgage, conveying real estate or goods and chattels, shall be void as to creditors and subsequent purchasers for valuable consideration, with out notice, until and except from the time that it is duly admitted to record in the coun ty or corporation wherein the property may be. The husband is entitled to courtesy and the wife to dower in a trust estate. When a husband and wife have signed a writing purporting to convey or transfer any estate, real or personal, she may appear before a court authorized to admit such writing to record, or before the clerk thereof in his office; and if, on being examined privily and apart from her husband, by one of the justices of the court, or by the clerk, and having such writing fully explained to her, she acknowledge the same to be her act, and declare that she had executed it willingly, and does not wish to retract it, such privy examination, acknowledgment, and declaration, shall be thereupon recorded in such court or in the clerk's office, or she may appear before two justices who shall be present together, or a notary public within the United States, or a commissioner appointed within the same by the governor of this state; and such justices, or notary, or commissioner, may so examine her, and if, after such explanation, she make such acknowledgment and declaration, shall certify the same on or annexed to the said wri ting to the following effect, viz. :— State of Virginia, Form of Acknowledgment. I, JOHN JONES, a notary public for the county of Richmond, in the state of Virginia, do car. tify that SUSAN DOE, the wife of JOHN DOE, whose names are signed to the writing above, bearing date on the tenth day of November, one thousand eight hundred and fifty-five, personally appeared before me, in the county aforesaid, and being examined by me privily and apart from her husband, and having the writing aforesaid fully explained to her, she, the said SUSAN DOE, acknowledged the said writing to be her act, and declared that she had willingly executed the same, and does not wish to retract it. Given under my hand, this twenty-fifth day of November, one thousand eight hundred and Acknowledgments may be taken before a justice of the peace, notary public, the court which admits the deed to record, or the clerk of such court in his office, in the state. If made elsewhere in the United States, then before a justice, a notary public, or commissioner, appointed by the governor of the state, who must write on or annex to the deed a certificate to the following effect : State of New Hampshire,} to wit. County of 1, JOHN JONES, a justice of the peace for the county aforesaid, in the state of New-Hamp shire, do certify that JOHN DOE, whose name is signed to the writing above, bearing date on the first day of December, one thousand eight hundred and fifty-five, has acknowledged the same before me, in the county aforesaid. Given under my hand, this thirteenth day of December, one thousand eight hundred and fifty-five. JOHN JONES, Justice of the Peace. Two witnesses are necessary where the deed is proved by witnesses. Any writing executed out of the United States may be admitted to record as to any person whose name is signed thereto, when a certificate under the official seal of any minister plenipotentiary, chargé d'affaires, consul-general, consul, vice-consul, or com mercial agent, appointed by the government of the United States to any foreign country, or of the proper officer of any court of such country, or the mayor or other chief magistrate of any city, town, or corporation therein, that the said writing was acknowledged by such person, or proved as to him by two witnesses, before any person having such appointment, or before such court, mayor, or chief magistrate. Rights of Married Women. A MARRIED Woman may hold estate separate from her husband, if bequeathed or conveyed to her separate use and benefit, but in the absence of any such bequest or conveyance the husband is entitled to all personal estate of which she may be possessed, and which the husband may reduce into possession. In real estate the husband acquires nothing save a tenancy by the courtesy. DOWER.-A widow shall be endowed of one third part of all the real estate whereof her husband, or any other to his use, was at any time during the coverture seized of an estate of inheritance, unless her right of dower shall have been lawfully barred or relin. quished. In addition to dower, she is entitled to one third of the personal estate after the pay ment of debts and charges, taking in slaves an estate for life only. If the marriage be without issue, she is entitled absolutely to the slaves and other personal property so remaining, which were derived from her, and was preserved in kind; and again, if the marriage be without issue, and the deceased husband was without issue by any former marriage, she is entitled to one half of the residue, qualified in respect to slaves as before. If provision be made for her in her husband's will, she may renounce it at any time within one year from the probate, and entitle herself thereby to her legal rights. Rate of Interest. THE legal rate is six per cent. All contracts for a greater rate are void, with the penalty of forfeiture of twice the amount of the debt, one half to the informer. But interest upon any debt contracted out of the state, though recovered in this state, shall be allowed according to the rate of interest in the state in which the contract was created. When a bill of exchange drawn or endorsed within this state, is protested for non-acceptance or non-payment, there shall be paid by the party liable for the principal of such bill, in addition to what else he is liable for, damage upon the principal, at the rate of three per centum if the bill be payable out of Virginia and within the United States; and ten per centum if out of the United States. Wills. THESE should be in writing, signed by the testator, or by some other person in his presence and by his direction, in such manner as to make it manifest that the name is intended as a signature; and, moreover, unless it be wholly written by the testator, the signature shall be made or the will, acknowledged by him in the presence of at least two competent witnesses, present at the same time, and such witnesses shall subscribe the in the presence of the testator, but no form of attestation shall be necessary NORTH CAROLINA. Constitution adopted, 1835.-Square Miles, 43,800.-Population in 1850, 868,870. Exemptions. THERE is exempted from sale on execution in this state wearing-apparel; working-tools, and arms for muster; one bed and furniture; one wheel and cards, and one loom; one bible and testament; one hymn-book; one prayer-book; and all necessary school-books, the property of the defendant. There is also exempt from seizure under exécution the fol lowing property of every housekeeper, to wit: one cow and calf; ten bushels of corn or wheat; fifty pounds of bacon beef, or pork, or one barrel of fish; all necessary farmingtools for one laborer; one bed, bedstead, and covering, for every two members of the family, and such other property as three disinterested freeholders. upon application made to some justice of the peace for the county in which the appli cant resides, shall lay off and assign; such other property co to exceed in value the sum of fifty dollars at cash valuation Chattel Mortgages. No mortgage of any estate, whether real or personal, shall be good and available in law against creditors or purchasers for a valuable consideration, unless the same shall have been proved and registered within six months after the execution of such mortgage. No deed of trust, or mortgage for real or personal estate, shall be valid at law to pass any property as against creditors or purchasers, for a valuable consideration from the donor. bargainer, or mortgager, but from the registration of such deed of trust or mortgage, in the county where the land lies, or in case of chattels, where the donor, bargainer, or mortgager, resides; or, in case the donor, bargainer, or mortgager, shall reside out of the state, then in the county where the said chattels or some of them are situate. Law regulating Contracts. ALL contracts to sell or convey any lands, tenements, or hereditaments, or interest in or concerning them, or any slave or slaves, shall be void unless such contract or some memorandum or note thereof, shall be put in writing, signed by the party to be charged therewith, or by some other person by him thereunto lawfully authorized, except leases not exceeding the term of three years. No action shall be brought whereby to charge any executor or administrator upon a special promise to answer damages out of his own estate, or to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or by some person thereunto by him lawfully authorized. Limitation of Actions. PERSONS having a right to lands must make claim within seven years next after the right accrued, except minors, married women, and persons insane, who may have three years after the removal of their disability, and persons beyond seas eight years after their right accrued. All actions of account rendered, upon the case, of debt for arrearages of rent, of debt upon simple contract, of detinue, replevin, and trespass, either for goods and chattels, or quars dausum fregit, within three years. Trespass, of assault and battery, wounding, imprisonment, within one year. Infants, married women, insane, and persons beyond sea, have the same periods after the removal of their disability. |