LAWS OF MISSOURI.

of deeds of trust or mortgages, must be made and executed by the mortgagee, cestui que trust, or assignee, and it is not necessary for the trustee to join in such acknowledgment or satisfaction, or in such deed of release. No foreign corporation or individual is permitted to act as trustee in any deed of trust, or other conveyance hereafter made, where property, either real or personal, situated in this State, is hereafter conveyed in trust for any purpose whatever, unless in such conveyance there shall be named as co-trustee a corporation organized in this State, with power to act as truster and execute trusts, or an individual citizen of this State, and no suit can be brought to foreclose such deed of trust unless a resident trustee is a party plaintiff. When debt is barred by statute of limitations the right to foreclose is also barred. See Redemption.

Notaries Public.-The governor of the State appoints notaries for the term of four years each. Females of eighteen years and over and males of twenty-one years and over, who are citizens of the United States and of the State of Missouri, are eligible to appointment. They have power to administer oaths, take affidavits, certify depositions, and take acknowledgments and make declarations and protests. They are required to keep a record in which must be recorded all their official acts. Every notary public is required to have a notarial seal bearing his name and the words "Notary Public," together with the name of the county or city, if appointed for such city, in which he resides and has his office, and also the name of the State, and his seal must be affixed to his certificates. He is also required, in all his official acts, at the end of his certificate, to state the date of the expiration of his commission as a notary public.

Every notary before entering upon the discharge of his duties is required to take an oath for the faithful performance of his duties and to give a bond in the sum of two thousand dollars to the State, except in counties of more than one hundred thousand inhabitants, in which notaries are required to give bond in the sum of five thousand dollars. They may be sued upon their official bond for any neglect of duty or malfeasance. They can act only in the county in which they reside.

Acceptances should be in writing on the bill; Notes and Bulls of Exchange. and if made on any other paper the acceptance will be binding only in favor of a person who has given value for the bill upon faith of such acceptance. An unconditional promise to accept is binding only in favor of a person who on faith thereof has purchased the bill. Promissory notes payable to order or bearer are negotiable.

Protest and Damages. A notarial certificate of protest, sworn to by the notary at any time before filing, and filed fifteen days before the trial of a cause, is admitted as evidence of the facts therein stated. Upon protested bills and upon notes that have been negotiated, the following rates of damages can be recovered if the bill or note is overdue twenty days before suit is begun: 1st, if drawn upon a party in this State, four per cent.; 2d, if drawn upon a party out of this State and within the United States, ten per cent.; 3d, if The destruction of a bill by drawn upon a party out of the United States, twenty per cent. the drawee or refusal to return it within twenty-four hours after presentation for acceptance is taken to be an acceptance. Damages for protest are allowed only to purchasers for value or their assignees. No days of grace are allowed on any negotiable instrument. No written assignment of a note or bill is necessary to entitle the holder to sue. can sue without naming the real holder. To hold indorsers and drawers, it is necessary that the bill or note be duly presented for payment on the day of maturity of the note or bill; and upon its dishonor, that notice of its non-payment be given by the notary protesting to the drawer or indorser.' The law on this subject has been codified by the Negotiable Instruments Act of 1905. If the note or contract sued on provide for the recovery of attorneys' fees, such fees may be recovered as part of the damages sued for. A clause in a note authorizing entry of judgment as by confession is valid in this State.

Holders for collection

Holidays. January 1st, February 224, May 30th, July 4th, 1st Monday of September, every general election day, any Thanksgiving day appointed by the governor of this State or president of the United States, and December 25th, are holidays, and when any such day's fall on Sunday, then the Monday following is the holiday; all bills, bonds, notes, and other mercantile paper falling due on either of these holidays or on Sunday shall be considered as falling due on the next succeeding business day." In cities containing over one hundred thousand inhabitants, banks, trust companies, and other banking institutions are authorized to close their business at twelve o'clock noon every Saturday in the year; and every Saturday after twelve o'clock noon is made a legal half holiday, and so far as regards presenting for payment or acceptance, and for protesting and giving notice of dishonor of bills of exchange, bank checks, drafts, promissory notes, and other negotiable paper shall be considered same as Sunday, and all such bills, checks, etc., presentable for acceptance or payment on Saturdays shall be deemed presentable for acceptance or payment on the secular or business day next succeeding; provided, however, that all bills of exchange, drafts, and promissory notes, payable on demand, which would be payable on any half holiday Saturday, may, at the option of the holder, be presented for payment before twelve o'clock noon on Saturday when that entire day is not a holiday; and provided, further, that for the purpose of protesting or otherwise holding liable any party to any bill of exchange, bank check, draft, or promissory note, that has not been paid before noon of any half holiday Saturday, a demand of acceptance or payment may be made and rotice of protest or dishonor may be given on the next succeeding secular or business day; provided, further, that any person receiving for collection in such city any bill of exchange, bank check, or promissory note, due and presentable for acceptance or payment on any half holi

day Saturday, such person shall not be deemed guilty of neglect or omission of duty, nor incur any liability in not presenting for payment or acceptance or collecting such bill of exchange, bank check, draft, or promissory note on that day; and provided, further, that in construing this section every half holiday Saturday until twelve o'clock noon shall be deemed a secular business day.

Practice. Practice is under a code.

Proof of Claims.- Suits cannot be instituted in the name of a firm. The individuals composing the firm must be fully named. Non-residents are required by statute to give security for costs of court before filing suit, such security to be the undertaking of a responsible person resident of this State, or a deposit of money in court sufficient to cover the costs to accrue. Debts are proven in the ordinary way, i. e. by oral testimony in open court or by deposition. See Depositions. The signature of defendant to writings pleaded on is taken to be admitted unless a denial thereof is made under oath. Ordinarily, plead ings need no verification. Judgments rendered in other States have no force here other than as evidence. Suits must be commenced on them here and a new judgment obtained. Proof for such recovery must be in the form of a certified copy of the proceedings and judg ment rendered in the sister State, duly authenticated under the act of Congress concerning the authentication of records for use in other States.

Records. All deeds of realty, to be effective against purchasers without notice in fact thereof, must be duly acknowledged and recorded in the county where the estate lies. Each county in this State has an office for the recording of instruments affecting any real or other property situated in such county. The title of the officer in charge of such office is "Recorder of Deeds," and can be safely addressed in that way without any further name. Redemption. There is no statutory redemption from sales of property other than sales of real property under deed of trust without foreclosure suit, and then only if at such sale the beneficiary in such deed of trust, or his legal representatives, shall have been the pur chaser. The redemption is to be made within one year after the sale by the payment of the debt, interest, and costs secured by the deed of trust; provided also that the person desiring to redeem shall have given security to the satisfaction of the circuit court, or the clerk thereof in vacation, for payment of the interest to accrue after the sale, and for all damages and waste that may be occasioned or permitted by the party whose property is sold. This redemption right applies only to deeds of trust made after August 13, 1877.

Replevin.- Proceedings to obtain possession of personal property by the person entitled to such possession are under the statute concerning replevin. The petition in which the possession of such property is demanded must be accompanied by an affidavit of the claimant or his agent, setting forth such claim, a particular description of the property, the value of it, and that it has not been seized under attachment, execution, or other proceedings against the plaintiff. Upon such affidavit, an order for the seizure of the property and delivery thereof to plaintiff is made by the court or the clerk of the court in vacation. This order cannot be executed by the officer until the plaintiff, or some one for him, gives a bond with satisfactory resident sureties, for double the value of the property as sworn to in the affidavit filed by the plaintiff with his petition. After the delivery of the property to plaintiff, the right to the possession thereof is tried as ordinary cases are tried, except that the defendant, if successful in the issue, will have his election to retake the property and damages for its detention or the value of the property and such damages.

Unless the plaintiff shall state in his affidavit that the property was wrongfully taken, and that his right of action accrued within one year, the defendant may before the delivery of the property to the plaintiff retain it by giving a forthcoming bond in double the value of the property. The right to possession is tried as in ordinary actions. The successful party. provided the property is in the hands of the other party, has the election to take property and damages for its detention, or the assessed value thereof and damages. Judgment is against the losing party and his securities.

Reports, Judicial.-One hundred and eighty-six volumes are now out, called Missouri Reports. These volumes contain all the decisions of the suprenie court of the State. The decisions of the St. Louis court of appeals and Kansas City court of appeals are published in the Missouri Appeal Reports. One hundred and nine volumes have been issued.

Revision. Revision is required to be made every ten years. The last revision went into force November 1, 1899, and the statutory law, so revised, is published in two volumes known as "Revised Statutes of the State of Missouri of 1899." The last session laws are those of 1905.

Service and Time of Trial. In the circuit courts all suits founded upon bonds, bills, or notes for the direct payment of money, and actions instituted upon an open account, or an account stated, where the items are set forth in, or annexed to, the petition, if the defendant has been personally served by delivery to him of a copy of said account, are triable at the first term of court, if the summons has been served fifteen days before the first day of such term. This is also the case as to all other actions in counties having over forty thousand inhabitants. In counties having forty thousand inhabitants or less, such other actions are triable at the first term of court, if thirty days' service of summons has been made before the first term, and are triable at the second term of court if fifteen days' service of summons has been made before the first term of said court; but, in all cases where service has been obtained by summons fifteen days before the first term, the defendant must appear and plead at the first term and during the first three days thereof. Justices of the

LAWS OF MISSOURI.

peace courts are always open, and trial may be had at any time after ten days' service of
summons. In the absence of a defendant, summons may be served upon a member of his
family over the age of fifteen years, at his place of abode. Service may be had by publi-
cation when personal service cannot be had in the State, in suits in partition, divorce, at-
tachment, foreclosure of mortgages and deeds of trust, and upon mechanics' and all other
liens against real or personal property, and for the enforcement of any right or claim against
any real or personal property within the jurisdiction of the court.

Stay of Execution. Stays of execution or attachment are unknown in this State;
but personal property attached may be retained by the person in whose hands the same is
found, on his giving bond and security satisfactory to the officer for the forthcoming thereof
And any attachment on
as directed by the court, and to abide the judgment of the court.
personal or real property may be dissolved by the defendant appearing and pleading to the
action and giving bond, in amount sufficient to satisfy the plaintiff's claim with interest
and costs, conditioned for payment of any judgment rendered, with interest and costs on or
before the first day of the next term after judgment.

As to stay of execution pending an appeal, see Appeal.

Supplementary Proceedings. After the return of an execution unsatisfied, the plaintiff may at any time within five years, by motion and affidavit showing reasonable cause therefor, obtain an order for the examination of the debtor before the court, as to whether the debtor has any property subject to execution, or has any such property concealed, or has conveyed the same in fraud of his creditors. If upon such examination any such property is discovered, and the court shall be of opinion that such property ought to be applied to the payment of the judgment, such property may be levied on and sold under an alias execution as in ordinary cases.

Taxes. Taxes are assessed and made payable annually. If not paid on or before the
last day of December a penalty of one per centum per month is added as interest until paid.
'delinquent,"
The tax and penalties are a lien upon the property assessed. All taxes remaining unpaid
the first day of January, which were previously due and payable, are termed "
or "back taxes," and payment of these is to be enforced by suit and sale of the property as
in ordinary actions. But suit to enforce payment of the tax shall not be brought for one
year after the tax becomes delinquent unless the owner of the property is about to remove
out of this State, or, being a non-resident, comes into this State so that he may be per-
Assessments for a
sonally served with process. Reports for assessments must be made to the assessor between
June 1st and January 1st according to the notice given by the assessor.
given year are based upon the property owned on June 1st of previous year. Taxes for
each year are payable on or before the last day of December. Report on real estate is
made to the assessor of the county in which the real estate is located. Report on personalty
is made to the assessor of the county in which the owner resides.

All property conveyed by will or by the death of an intestate, or by deed, grant, bargain,
sale, or gift, made or intended to take effect in possession or enjoyment after the death of
the grantor or bargainer, or any person or persons, either directly or in trust, or otherwise,
whereby a beneficial interest shall be created in possession or expectancy to any property,
or the income thereof, to any person other than the father, mother, husband, wife, or direct
lineal descendant of the testator, intestate, grantor, or bargainer, except property conveyed
for some educational, charitable, or religious purpose exclusively, is subject to the payment
of a collateral succession tax of five dollars for each and every one hundred dollars of the
clear market value of such property, and for the enforcement and collection of such tax
there is a first lien against the property affected thereby in favor of the State of Missouri,
upon which a civil action may be prosecuted in any court having competent jurisdiction.
If the above tax is not paid within one year after the death of the person rendering such
property subject to taxation, said tax shall bear interest at the same rate, from the date of
the death of such person, as is now provided by law for delinquent taxes.
Testimony. See Evidence.

Trust Deeds. - See Mortgages and Deeds of Trust..

Wills. Wills as to realty may be made by male persons over the age of twenty-one
years; and as to personalty by male persons over the age of eighteen years. Women of the
age of eighteen, whether married or single, may make wills as to their realty and personalty.
The dower of a wife and curtesy of the husband cannot be affected by a will unless the
Wills must be in writing,
provisions of the will in that respect are accepted by the non-rejection of the provisions of
the will, within a specified time, and in a certain formal way.
signed by the testator, and attested at his request and in his presence by two witnesses.
Wills of non-residents, to be effective as to real estate situated in this State, must be executed
as prescribed by the laws of this State. (See R. S. Mo. 1899, §§ 4610-4611.) After pro-
bate thereof wills should be recorded in the office of the recorder of deeds of the county
where they have been probated, and copies duly certified should also be recorded in all
other counties where the estate has any realty. Wills must be contested within five years
after probate; otherwise they will be binding, except as against persons laboring under
disabilities, who have a like period of five years, after removal of disabilities, to institute
contest. Typewritten wills are valid. There is no limitation as to the amount a testator may
will to charity, and no requirement that any specified portion of his estate shall be willed
to his family. But he shall be deemed to have died intestate as to any of his children or
children of his deceased children not mentioned in the will. A child may be disinherited,
but he must be mentioned in the will. He may be cut off with one cent, as is often done.

1

LAWS OF MONTANA

RELATIVE TO THE

COLLECTION OF DEBTS,

TAKING OF DEPOSITIONS, ETC.

PREPARED EXPRESSLY FOR HUBBELL'S LEGAL DIRECTORY, DECEMBER 1, 1906, BY MCCONNELL AND MCCONNELL, OF HELENA, MONTANA.

Acknowledgments. - See Deeds.

Actions.-There is but one form of civil action, which is the same at law and in equity. Actions in the district court are instituted by the filing of a complaint with the clerk and the issuance of a summons; and in justices' courts by the filing of a complaint, or a copy of the note, bill, account, or other instrument upon which the action is brought. Actions must be prosecuted in the name of the real party in interest, except an executor or administrator, or trustee of an express trust, or person expressly authorized by statute. In case real property is sued for, the action must be commenced in the county where the real estate is situated; and generally, in other cases, in the county where the defendants, or any of them, reside at the commencement of the action. However, the action would not be dismissed if brought in the wrong county, but the venue could be changed, on motion, to the proper county. The venue may be changed in any action upon statutory cause being shown. Any person having an interest in the subject-matter of litigation with either party, or against either or both parties, may intervene before trial by filing a complaint in intervention, stating the grounds thereof. Leave of court must be first obtained, and notice served upon all parties who have not appeared, and upon the attorneys of those who have appeared. All parties may answer or demur to this complaint in intervention as though it were an original complaint. If the complaint is that of a non-resident or foreign incorporation, security for costs may be ordered by the court upon showing by the defendant, and must be furnished within thirty days, and all further proceedings will be stayed until such security is furnished.

Administration of Decedents' Estates. See Claims against Estates of De

ceased Persons.

Aliens. Resident aliens may take in all cases by succession as citizens. No person is precluded from succession by alienage of relative. Non-resident foreigner must appear and claim succession within five years or be barred. Aliens shall not be appointed or elected to office.

Appeals.- Appeals may be taken from any judgment rendered in a civil action in police or justice court to the district court within thirty days after judgment. An appeal may be taken from the district court to the supreme court in the following cases: From a final judgment entered in an action or special proceeding commenced in a district court or brought into a district court from another court: from an order granting or refusing a new trial, or granting or dissolving an injunction, or refusing to grant or dissolve an injunction, or dissolving or refusing to dissolve an attachment; from an order appointing, or refusing to appoint, a receiver, or giving directions with respect to a receivership; from an order directing the delivery, transfer, or surrender of property; from any special order made after final judgment, and from such interlocutory judgments or orders in actions for partition as determine the rights and interests of the respective parties and direct partition to be made; from a judgment or order granting or refusing to grant, revoking or refusing to revoke, letters testamentary or of administration or of guardianship, or admitting or refusing to admit a will to probate, or against or in favor of the validity of the will, or revoking the probate thereof, or against or in favor of setting apart property, or making an allowance for a widow or children, or against or in favor of directing the partition, sale, or conveyance of real property, or settling an account of an executor or guardian, or refusing, allowing, or directing the distribution of an estate or the payment of a debt or legacy, or confirming or refusing to confirm a report of an appraiser setting apart a homestead.

An appeal from a final judgment must be taken within one year from its entry. Other appeals must be taken within sixty days after the judgment or order is made or entered or filed with the clerk. An appeal is taken by serving and filing notice of appeal and executing an undertaking in the sum of three hundred dollars. If the execution is to be stayed, an undertaking in double the amount of the judgment must be given.

Arrest.Arrest in civil cases may be had in the following cases: 1. In an action for the recovery of money or damages upon an express or implied contract when the defendant is about to depart from the State, with intent to defraud his creditors, or when the

action is for willful injury to person, to character, or to property, knowing the property to
belong to another. 2. In an action for a fine or penalty; or for money or property em-
bezzled or fraudulently misapplied or converted by a public officer or officer of a corpora-
tion, or by an attorney, factor, broker, or person acting in a fiduciary capacity, or for mis-
conduct, neglect, or willful violation of duty. 3. In an action to recover personal property
concealed or disposed of, so that it cannot be found or taken by the sheriff. 4. When the
defendant has been guilty of fraud in contracting the debt. 5. When the defendant has
removed or disposed of his property, or is about to do so, with intent to defraud his credit-
ors. Before the order of arrest is so issued a proper affidavit must be filed, together with
an undertaking in at least five hundred dollars, with two sufficient sureties. The defendant
may be discharged upon giving bail or depositing the amount of the claim.
Assignments. See Insolvent Laws.

Attachment. At the time of the issuance of the summons, or at any time thereafter, the plaintiff may have all the property of the defendant attached which is not exempt by law from execution. Attachments are issued upon the filing of an affidavit showing that the defendant is indebted to the plaintiff, specifying the amount of the debt, upon a contract, express or implied, for the direct payment of money which is not secured by any mortgage, lien, or pledge upon real or personal property, and if so secured, that the security has become valueless without any act of the plaintiff or person to whom the security was given; and that the attachment is not sought to hinder, delay, or defraud any creditor of the defendant. Before any attachment is issued, the plaintiff is required to give an undertaking, with two or more sureties, in a sum not less than double the amount claimed by the plaintiff, if such amount be one thousand dollars or under, or in case the amount so claimed by the plaintiff shall exceed one thousand dollars, then in such sum equal to such amount; but in no case shall an undertaking be required exceeding in amount the sum of ten thousand dollars. Debts due the defendant, and property of his in the hands of third persons, may be garnished. Public officers cannot be garnished. Attachments are satisfied according to their priority. Property covered by chattel mortgages can only be attached by first satisfying the chattel mortgage.

Chattel Mortgages. No chattel mortgage is valid as against the rights of any other persons than the parties thereto, unless the possession of the mortgaged property be delivered to and retained by the mortgagee; or the mortgage provide that the property may remain in the possession of the mortgagor, and be accompanied by an affidavit of all the parties thereto, or, in case any party is absent, the affidavit of those present, and of the agent or attorney of such absent party, that the same is made in good faith to secure the amount named therein, and without any design to hinder, delay, or defraud creditors, and be acknowledged in the manner provided for the acknowledgment of deeds for real property, and filed, together with the affidavit, in the office of the county clerk of the county where the mortgagor resides; or, in case he is not a resident of the State, then in the office of the county clerk of the county where the mortgaged property may be at the time of the execution of the mortgage. Its validity as against third persons continues from the date of its filing until the maturity of the entire debt or obligation secured thereby, and for the period of sixty days thereafter; provided that the entire period of time shall not exceed one year and sixty days, except by compliance with the statutes relative to renewals. At any time within sixty days after the maturity of the debt or obligation secured by the mortgage, in case such debt or obligation, or any part thereof, be unpaid or unfulfilled, the mortgage may be renewed by filing an affidavit of the mortgagee showing the date of such mortgage, the names of the mortgagor and mortgagee, the date of filing the same, the amount of the debt or obligation secured thereby, and the amount of the debt justly owing at the time of the filing of such affidavit, or the conditions of the obligation unfulfilled, and that such debt or obligation was neither made nor renewed to hinder, delay, or defraud the creditors or subsequent incumbrancers of the mortgagor. This affidavit is filed in the office where the mortgage is filed, and is attached thereto by the county clerk and noted in the index. A like affidavit may be filed each year for renewal of the mortgage until the debt secured is fully paid. Any subsequent mortgagee of property upon which a prior mortgage exists, which has been extended or renewed, may pay the amount of the debt and interest of the prior mortgagee, or deposit the full amount thereof with the county clerk, and be subrogated to all the rights of the said mortgagee. Chattel mortgages are foreclosed the same as mortgages upon real property; and with such action may be joined an action for the recovery of the possession of mortgaged property. A clause may be inserted in the mortgage allowing the sheriff of the county in which the property, or any portion thereof, may be situated, to execute the power of sale therein granted to the mortgagee; in which case the sheriff of the county may advertise and sell the mortgaged property in the manner provided in such mortgage, and the mortgagee or his representatives or assigns may in good faith purchase the property so sold, or any part thereof. The chattel mortgage is discharged by the acknowledgment of satisfaction signed by the mortgagee, his legal representatives or assigns, indorsed upon the mortgage, or copy thereof, filed as aforesaid. A mortgagor selling mortgaged property without notifying the purchaser of the mortgage shall forfeit to the purchaser twice the value of the property sold. A mortgagor is guilty of larcency who removes the mortgaged property without the written consent of the mortgagee. Mortgages and deeds of trust of both real and personal property, executed by an incorporated company, shall be governed by the law relating to mortgages or deeds