alien lands, or any interest therein, immediate or future, certain or uncertain, or may devise the same by will. (Code of Ala. § 981.) No leasehold estate can be created for a longer term than ninety-nine years. A married woman, if over the age of eighteen years, may release her dower in the lands of her husband.

Alienations of lands, or of any right or interest therein (other than of the homestead), "must be written or printed, on parchment or paper, and must be signed at their foot by the contracting party, or his or her agent having written authority; or, if he is not able to sign his name, then his name must be written for him, with the words, 'his mark' written against the same or over it. The execution of such conveyance must be attested by one, or, when the party cannot write, by two witnesses who are able to write, and who must sign their names as witnesses." (Code of Ala. § 982 et seq.)

The wife may relinquish dower by joining with the husband in a conveyance, attested by two witnesses, or acknowledged before an officer having authority to take the acknowledgment of conveyances; or, subsequent to a conveyance by the husband, by an instrument in writing, executed in the presence of two attesting witnesses, or acknowledged before an officer having authority to take the acknowledgment of conveyances. (Code of Ala. 1509 et seq.) When the wife has been legally declared insane the husband may convey any of his real estate except the homestead, as if single; but the conveyance shall state that the grantor is a married man and that his wife is insane, and shall have attached to it a copy of the judgment of the court declaring the wife insane. (Acts of 1900-1, p. 2279.) Acknowledgment and proofs of conveyances may be written, printed, or pasted on, and may be taken by judges of the supreme and circuit courts and their clerks, chancellors and registers in chancery, judges of the courts of probate and their clerks, justices of the peace, and notaries public (a notary public may be ex-officio a justice of the peace, and when acting as such no seal is necessary- otherwise an official seal is required.) (Code of Ala. § 993.) The certificate is prima facie proof of officer's authority. (51 Ala. 95.) If taken in other States of the United States, they may be taken by judges and clerks of any federal court, judges and clerks of any court of record in any State, notaries public, or commissioners appointed by the governor of Alabama. Beyond the limits of the United States, such acknowledgments and proofs may be taken by the judge of any court of record, mayor or chief magistrate of any city, town, borough, or county, notaries public, or by any diplomatic, consular, or commercial agent of the United States. (Acts 1900-1, p. 220.) In no case need the United States consul certify the character of the official taking the acknowledgment.

Powers of attorney to convey property may be proven or acknowledged in the same manner and must be received as evidence to the same extent as conveyances.

If the grantor is unknown, his or her identity may be established by evidence satisfactory to the officer taking the acknowledgment.

THE STATE OF

COUNTY,

[Acknowledgment by Husband and Wife.]

88.

I (name and style of the officer) hereby certify that John Brown and Sarah Brown his wife, whose names are signed to the foregoing conveyance and who are known to me (or made known to me), acknowledged before me on this day that, being informed of the contents of the conveyance, they executed the same voluntarily, on the day the same bears date. Given under my hand this day of (Code of Ala. § 1802.) Note: The officer should strike out either the words "known to me." "or made known to me,' as the case may be. (Signature and title)

A. D. 19

The examination of the wife separate and apart from her husband is necessary to convey the title to any homestead exempted by the laws of this State, when the homestead is the property of the husband. This examination may be had before any officer authorized to take acknowledgments and proofs of conveyances (see above), who must indorse thereon a certificate in writing in the following form:

STATE OF ALABAMA,

COUNTY OF

I,

judge (chancellor, notary public, or justice of the peace, as the case may be), hereby certify, that on the day of 19 came before me the within named known to me to be the wife of the within named who, being by me examined separate and apart from her husband, touching her signature to the within acknowledged that she signed the same of her own free will and accord, and without fear, constraint, or threats on the part of her husband. In witness whereof I hereunto set my hand this day of

19

A. B., Judge (chancellor, notary public, or justice of the peace). (Code of Ala. § 2034.)

There is no special law regulating the execution of deeds, etc., by corporation. This depends altogether on the act of incorporation. Deeds may be proved as well as acknowledged.

I (name and style of officer), hereby certify that

going conveyance, known to me, appeared before me this day, and, being sworn, stated

a subscribing witness to the fore

that

the grantor in the conveyance, voluntarily executed the same in his presence, and in the presence of the other subscribing witness, on the day the same bears date; that he attested the same in the presence of the grantor and of the other witness, and that such other witness subscribed his name as a witness in his presence.

All instruments purporting on their face to be under seal are taken as sealed instruments. A scroll answers as a seal. (Code of Ala. § 1036.) Consideration of sealed instruments may be impeached and inquired into by plea.

Depositions. (Code of Ala. § 1833 et seq.) — Evidence in actions at law may be taken by deposition when the witness is a woman, or from age, infirmity, or sickness is unable to attend court, or resides more than one hundred miles from the place of trial, or resides out of, or is absent from, the State, or is about to leave the State and will probably not return until after the trial, or when the claim of defense, or a material part thereof, depends exclusively on the evidence of the witness, or when the witness is the governor of the State, or a state official, or of a profession or calling such as to prevent attendance upon the place of trial. Affidavit setting forth some one of the foregoing causes and that the witness is material must be filed in the cause. Thereupon the clerk must issue a commission to one or more persons to take such deposition and prescribe the notice to be given to the opposite party, or his attorney, of the time and place of taking it. If the party on whom the notice is to be served resides out of the county, and has no attorney of record, it is sufficient to file the notice with the papers in the cause for the length of time prescribed. It is the duty of the commissioner to reduce the answers of the witness to writing, or cause it to be done by the witness, or some impartial person, as near as may be in the language of the witness, having first sworn him to speak the truth, the whole truth, and nothing but the truth; the deposition when completed must be read over to the witness and by him subscribed. After the signature of the witness, the commissioner appends a certificate of the manner, time, and place of taking the deposition, that the testimony was read to the witness and by the witness signed in his presence, that he has personal knowledge of the identity of the witness as the person named in the commission, or has had proof made of his identity, and that he is not of counsel or of kin to any of the parties to the cause, or in any manner interested in the result thereof. This certificate is signed by the commissioner. The package containing the deposition, sealed and addressed to the clerk of the court, may be sent by mail or private conveyance.

Depositions may be taken stenographically and afterwards transcribed on the typewriter, but such transcript must be signed by the witness in the presence of the commissioner authorized to take the deposition.

Depositions of non-resident witnesses may be taken and perpetuated when suit has commenced, or upon affidavit that affiant is or expects to be a party to the suit.

Depositions of witnesses in chancery causes are taken in the same way, using the same forms. When the witness resides more than one hundred miles from the place of trial, or resides out of or is absent from the State, the testimony must be taken by interrogatories in the following manner: The party after making affidavit may file with the clerk the interrogatories to be propounded to the witness, of which and of the residence of the witness, and of the commissioner to be appointed, he must give the opposite party, or his attorney, notice in writing, who has ten days thereafter to file cross-interrogatories, to which the party filing the interrogatories may file rebutting interrogatories; after the expiration of ten days the clerk must issue a commission to take the deposition, which may be taken at such time and place as the commissioner may appoint. When the witness resides within one hundred miles of the place of trial either party may require an oral examination and must give due notice of such requirement; unless there is such requirement, all testimony in chancery cases must be taken by interrogatories. (Code of Ala. § 723 et seq.) The commission is issued by the register in chancery, and returned to him.

Forms of caption and certificate for taking depositions on interrogatories: -
RICHARD ROE

18.

JOHN DOE.

}

I. A. B., one of the commissioners named in the annexed commission, caused to come before me at in the county of State of C. D., a witness examined by the plaintiff in the annexed stated cause, and having sworn him (or affirmed him) on the Holy Evangelists, the truth to speak, the whole truth, and nothing but the truth, he deposes and says as follows:

1. To the first direct interrogatory he saith. –

(Here write the answer as near as may be in the language of the witness.)
2..

If there are cross or rebutting interrogatories, proceed in the same manner.
To the first cross-interrogatory he saith,

When the examination is closed the witness must sign his name to the deposition thus: C. D. The commission or commissioners then add the following certificate:

I (or we) A. B., said commissioner, hereby certify that I caused to come before me at

in the county of

State of

the above named witness C. D.; that he was duly sworn and examined; that his evidence was taken down as near as may be in his own language, and was read over to him, and by him subscribed in my presence, and that the identity of the said witness is known to me (or has been made known to me by proof made by E. F.) as the same person named in the interrogatories and the commission annexed, and that I am not of counsel or kin to either of the parties to the cause, or in any manner interested in the result thereof, as witness my hand and seal this day of A. D. 19 A. B.. Commissioner. [L. S.] The deposition is then folded with the commission, interrogatories, and exhibits of papers attached, if any, in a packet sealed and directed to the clerk as follows:RICHARD ROE In the Circuit Court of State of To G. H.,

18.

JOHN DOE.

Deposition of C. D.

Clerk of the Circuit Court of

The commissioner usually writes his name across the seals.

County.

Descent and Distribution of Real and Personal Property.— (Code of Ala. § 1453 et seq.) The real and personal estate of persons dying intestate descends, subject to the payment of debts, the charges against the estate, and the widow's dower, 1st. To the children of the intestate or their descendants, per stirpes, in equal parts. Personal estate is to be distributed as the real estate, except that if there are no children the widow takes all the personalty. If one child, she takes one half. If there is more than one child, and not more than four children, she is entitled to a child's part; if there are more than four children, to one fifth. 2d. If there be no husband or widow or children or descendants of children, but parent or parents, the estate descends, first, to parents in equal portions. 3d. If but one parent survives, one half goes to the parent and one half to the brothers and sisters of deceased or their descendants; and if there be no brothers or sisters or descendants, the entire estate goes to the surviving parent. 4th. If there are no children or their descendants, or parents, the estate descends to the brothers and sisters or their descendants in equal parts. 5th. And if none of these, then to the next of kin in equal degree in équal parts. If no relations, then to the husband or wife, if capable of taking. 6th. If no relations and no husband or wife, the estate escheats to the State. The lineal descendants in equal degree represent their ancestor, taking the share to which he would be entitled if living. There is no representation among collaterals except with the descendants of the brothers and sisters of the intestate. The degree must be computed according to the civil law. No distinction is made between the whole and the half blood in the same degree. unless the inheritance came to the intestate by descent, devise, or gift from or of some one of his ancestors; in which case all those who are not of the blood of such ancestor are excluded from the inheritance as against those of the same degree.

Posthumous children of the intestate inherit as if born in his lifetime. No right of inheritance accrues to any other person unless born at the death of the intestate. Illegitimate children inherit of their mother in whole or in part as if born in wedlock. Aliens take and hold property as native citizens. (Code of Ala. § 419.) Where an inheritance descends to several, they take as tenants in common.

If a married woman having a separate estate die, the husband is entitled to one half of the personalty of such estate absolutely, and to the use of the realty during life - unless he has been deprived of all control over it by decree of the chancery court.

Divorce. -The court of chancery and other courts having chancery jurisdiction have power to divorce persons from the bonds of matrimony, or from bed and board, upon bill filed in chancery, by the aggrieved party, for the causes following: For impotency; for adultery; for voluntary abandonment from bed and board for two years next preceding the filing of the bill; for imprisonment in the penitentiary for two years, the sentence being for seven years or longer; for the commission of the crime against nature, with mankind or beast, whether before or after marriage; in favor of the wife, for habitual drunkenness of the husband, if not existing at the time of the marriage within the knowledge of the wife; for pregnancy of the wife, in favor of the husband, at the time of marriage and without his knowledge or agency; and in favor of the wife for actual violence committed upon her by the husband, attended with danger to life or health, or when from his conduct there is reasonable apprehension of such violence.

Pending suit for divorce, the court must make an allowance for the support of the wife out of the estate of the husband, having regard to the estate and the condition in life of the parties. When the divorce is granted, if the wife has no separate estate, or if it be insufficient for her maintenance, the chancellor must decree the wife an allowance out of the estate of the husband, taking into consideration the value thereof and the condition of his family; and when the divorce is for the misconduct of the husband, the allowance must be as liberal as the condition of his estate and family will permit.

Divorce from the bonds of matrimony bars the wife of dower or any distributive share in the personal estate of the husband. A divorce deprives the husband of all control over the separate estate of the wife. Upon granting the divorce, the court may give the custody of the children to either father or mother, having regard to the age and sex of the children, and to the prudence and moral character of the parents. (Code of Ala § 1485 et seq.)

Appeals can only be taken from decrees of divorce within sixty days, and neither party can remarry within this time. (Acts 1903, p. 49.)

Dower. The widow is entitled to dower of all lands of which the husband was seized in fee during the marriage, or to which another was seized in fee to his use, or to which at the time of his death he had a perfect equity, having paid the purchase-money thereof.

The quantity of her dower interest is as follows: When the husband dies leaving no lineal descendants, and his estate is solvent, one half of all his lands for life; if his estate is insolvent, or he leaves lineal descendants, one third part thereof. (Code of Ala. § 1504 et seq.) For relinquishment of dower, see Deeds.

Evidence. See Testimony.

Executions. An execution is not a lien on real estate unless the judgment or decree has been registered in the county where the land lies, and is a lien upon such personal property only as is actually levied upon. An execution on a registered judgment may issue at any time within ten years from date of judgment. See Judgments. (Acts 1903, p. 273.) Executions issue from justice's court after five days, returnable not less than thirty nor more than sixty days; from city court ten days after judgment; from circuit court any time within twenty days after close of term. Executions may be issued from any court instanter after judgment on affidavit by plaintiff, his agent or attorney, that he is in danger of losing fruit of his judgment. See Stay of Execution; Redemption.

Exemptions. The personal property of any resident of this State, to the value of one thousand dollars, to be selected by such resident, shall be exempted from sale on execution or other process of any court issued for the collection of any debt contracted since the 13th day of July, 1868. Every homestead, not exceeding eighty acres of land, the dwelling and appurtenances thereon, to be selected by the owner, and not in a city, town, or village, or in lieu thereof, at the option of the owner, any lot in a city, town, or village, with the dwelling and appurtenances thereon, owned and occupied by any resident of the State, and not exceeding the value of two thousand dollars, shall be exempted from sale on execution, or any other process from a court, for any debt contracted since the 13th day of July, 1868. The right of exemption hereinbefore secured may be waived by an instrument in writing, and, when such waiver relates to realty, the instrument must be signed by both husband and wife, and attested by one witness.

Such exemption does not extend to any mortgage lawfully obtained; but such mortgage or other alienation of such homestead, by the owner thereof, if a married man, shall not be valid without the voluntary signature and assent of the wife to the same. The homestead of a family, after the death of the owner, is exempt from the payment of debts contracted since the 13th of July, 1868, in all cases during the minority of the children; or if the owner dies leaving a widow and no children, the same shall be exempt for her benefit, and the rents and profits thereof shall inure to her benefit.

This exemption does not extend to cases of laborers' liens for work done and performed for the person claiming such exemptions, or on a mechanic's lien for work done on the premises.

Exemption by Statute. (Code of Ala. § 2037 et seq.) The personal property of any resident of this State, to the value of one thousand dollars, to be selected by him. The homestead of every resident, not exceeding one hundred and sixty acres of land, and appurtances thereon, not exceeding two thousand dollars in value, owned and occupied by such resident, to be selected by the owner thereof, or, in lieu thereof, any lot in a city, town, or village, with the dwelling and appurtenances thereon, said lot not to exceed two thousand dollars in value. This exemption does not prevent a laborer's lien for work done and performed for the person claiming an exemption, nor a mechanic's lien for work done on the premises. No mortgage or other alienation of any homestead exempted by this act, by the owner thereof, if a married man, shall be valid without the voluntary signature and assent of the wife acknowledged before an officer authorized by law to take acknowledgments of deeds. (See Deeds.) The wages, salaries, or compensation of laborers, and all employees for personal service, to the amount of twenty-five dollars per month, are exempt. The homestead of a family, not exceeding in value two thousand dollars, if in any city, town, or village, and not exceeding one hundred and sixty acres in quantity and two thousand dollars in value, when the same is not in any city, town, or village, after the death of the owner thereof, and personal property to the value of one thousand dollars, of any resident of this State, male or female, after his or her death, is exempt from the payment of debts, provided such decedent, if a man, leaves surviving him a widow or minor child, and, if a woman, leaves surviving her a minor child or children. In addition to the exemptions heretofore allowed, there are the further exemptions of the wearing apparel of the deceased, the wearing apparel of the widow and children, all yarn and cloth on hand intended for their use and consumption, the family bible and books, all family portraits and miniatures, and such grain, stores, and groceries on hand as may be necessary for the subsistence of the family for twelve months, all of which is to be set apart by three disinterested persons, to be selected, two of them by the widow, if there be one, and one by the judge of probate, and, if there be no widow, then by three such persons to be appointed by the judge of probate, and turned over to the family forever free from administration and the debts of the deceased; and any live stock necessary for the subsistence of the family may be killed for their use at any time before the final settlement of the estate.

In addition to the above there are exempt lots in cemeteries or elsewhere used for burial places, pews in churches, all necessary and proper wearing apparel for each member of the family, all family portraits, and books used in the family.

in the county of

State of

the above named witness C. D.; that he was duly sworn and examined; that his evidence was taken down as near as may be in his own language, and was read over to him, and by him subscribed in my presence, and that the identity of the said witness is known to me (or has been made known to me by proof made by E. F.) as the same person named in the interrogatories and the commission annexed, and that I am not of counsel or kin to either of the parties to the cause, or in any manner interested in the result thereof, as witness my hand and seal this day of A. D. 19 A. B., Commissioner. [L. S.] The deposition is then folded with the commission, interrogatories, and exhibits of papers attached, if any, in a packet sealed and directed to the clerk as follows:

RICHARD ROE

18.

JOHN DOE.

Deposition of C. D.

In the Circuit Court of
State of
To G. H.,

Clerk of the Circuit Court of

The commissioner usually writes his name across the seals.

County.

Descent and Distribution of Real and Personal Property. (Code of Ala. § 1453 et seq.) -The real and personal estate of persons dying intestate descends, subject to the payment of debts, the charges against the estate, and the widow's dower, 1st. To the children of the intestate or their descendants, per stirpes, in equal parts. Personal estate is to be distributed as the real estate, except that if there are no children the widow takes all the personalty. If one child, she takes one half. If there is more than one child, and not more than four children, she is entitled to a child's part; if there are more than four children, to one fifth. 2d. If there be no husband or widow or children or descendants of children, but parent or parents, the estate descends, first, to parents in equal portions. 3d. If but one parent survives, one half goes to the parent and one half to the brothers and sisters of deceased or their descendants; and if there be no brothers or sisters or descendants, the entire estate goes to the surviving parent. 4th. If there are no children or their descendants, or parents, the estate descends to the brothers and sisters or their descendants in equal parts. 5th. And if none of these, then to the next of kin in equal degree in équal parts. If no relations, then to the husband or wife, if capable of taking. 6th. If no relations and no husband or wife, the estate escheats to the State. The lineal descendants in equal degree represent their ancestor, taking the share to which he would be entitled if living. There is no representation among collaterals except with the descendants of the brothers and sisters of the intestate. The degree must be computed according to the civil law. No distinction is made between the whole and the half blood in the same degree. unless the inheritance came to the intestate by descent, devise, or gift from or of some one of his ancestors; in which case all those who are not of the blood of such ancestor are excluded from the inheritance as against those of the same degree.

Posthumous children of the intestate inherit as if born in his lifetime. No right of inheritance accrues to any other person unless born at the death of the intestate. Illegitimate children inherit of their mother in whole or in part as if born in wedlock. Aliens take and hold property as native citizens. (Code of Ala. § 419.) Where an inheritance descends to several, they take as tenants in common.

If a married woman having a separate estate die, the husband is entitled to one half of the personalty of such estate absolutely, and to the use of the realty during life unless he has been deprived of all control over it by decree of the chancery court. Divorce. -The court of chancery and other courts having chancery jurisdiction have power to divorce persons from the bonds of matrimony, or from bed and board, upon bill filed in chancery, by the aggrieved party, for the causes following: For impotency; for adultery; for voluntary abandonment from bed and board for two years next preceding the filing of the bill; for imprisonment in the penitentiary for two years, the sentence being for seven years or longer; for the commission of the crime against nature, with mankind or beast, whether before or after marriage; in favor of the wife, for habitual drunkenness of the husband, if not existing at the time of the marriage within the knowledge of the wife; for pregnancy of the wife, in favor of the husband, at the time of marriage and without his knowledge or agency; and in favor of the wife for actual violence committed upon her by the husband, attended with danger to life or health, or when from his conduct there is reasonable apprehension of such violence.

Pending suit for divorce, the court must make an allowance for the support of the wife out of the estate of the husband, having regard to the estate and the condition in life of the parties. When the divorce is granted, if the wife has no separate estate, or if it be insufficient for her maintenance, the chancellor must decree the wife an allowance out of the estate of the husband, taking into consideration the value thereof and the condition of his family; and when the divorce is for the misconduct of the husband, the allowance must be as liberal as the condition of his estate and family will permit.

Divorce from the bonds of matrimony bars the wife of dower or any distributive share in the personal estate of the husband. A divorce deprives the husband of all control over the separate estate of the wife. Upon granting the divorce, the court may give the custody of the children to either father or mother, having regard to the age and sex of the children, and to the prudence and moral character of the parents. (Code of Ala § 1485 et seq.)

Appeals can only be taken from decrees of divorce within sixty days, and neither party can remarry within this time. (Acts 1903, p. 49.)