from the date; in one county may be abstracted and filed in another and become a lien. Hotel keepers, boarding-house keepers, livery men, material-men, mechanics, and laborers have liens for the amount of their charges. Mechanics' or other liens upon homestead must be upon contract signed by wife. Liens expire in six months unless suit is brought.

Limitations. To recover real estate held under title or color of title, action must be brought within three years after cause accrued; held under deed or deeds duly recorded and tax receipts, within five years; held, cultivated, used, and enjoyed, within ten years; held by right of possession only, two years, where the plaintiff shows no better title. One year, actions for personal injuries, malicious prosecution, false imprisonment, libel, slander, seduction, breach of promise, and injuries resulting in death. Actions for relief on ground of fraud or mistake, action not deemed to have accrued until discovery of facts constituting fraud. Two years, actions for trespass, injuries to property, detention of personal property, conversion, and trover. Three years, for debt, where the indebtedness is not evidenced in writing; actions upon stated or open account other than mutual and current accounts as concern the trade of merchandise between merchant and merchant, their factors or agents. Four years, actions for penalty or damages on the penal cause of a bond to convey real estate; actions by one partner against copartner for settlement of partnership accounts; actions upon mutual and current accounts between merchant and merchant; actions upon judgment or decree of any court rendered without this Territory, or upon an instrument in writing executed without the Territory; actions for debt evidenced by or founded upon any contract in writing executed within the Territory; actions upon the bond of any executor, administrator, or guardian after death, resignation, or removal; every action other than for the recovery of real estate for which no limitation is otherwise prescribed; actions for specific performance of contracts for the conveyance of real estate; every judgment or decree of any other State or Territory, District of Columbia, or foreign country shall be barred if barred by the laws of such State or country. Limitation ceases during permanent absence; new acknowledgment of promise must be in writing No demand shall be debarred by removal to this Territory for twelve months unless previously barred by country from which he emigrated. Limitation governed by act in force at time statute began to run.

Married Women. — Married women eighteen years of age and upwards have the same legal rights as men of the age of twenty-one years and upwards, except the right of suffrage and holding office, and except the right to make contracts binding the community property.

Real or personal property owned or claimed by husband or wife, or that acquired after marriage by gift, devise, or descent, and the increase, rents, issues, and profits are separate property; so are the earnings and accumulations of wife and her minor children in her custody while living apart from her husband. All other property is common property and can be disposed of by the husband only, provided the wife join in deeds and mortgages of real property, except unpatented mining claims.

Mechanics' Llens. (See Liens.) Contract in writing, or if oral a bill of particulars, must be filed with the county recorder within ninety days from completion; sub-contractor, within sixty days from completion of work, shall deliver to the owner, if found in the county, and if not, then to the county recorder, an attested account of the amount and value of the labor or material furnished; suit must be brought within six months to foreclose lien.

Mines and Mining. — Mining laws of Congress govern, together with territorial statutes, and local rules and regulations of miners. Where co-owner advertises out for failure to contribute his portion of assessment work, the notice and proof of service may be filed with the county recorder within ninety days after service personal or by publication. If contribution be made within ninety days after service, co-owner must give receipt for money. In all actions, judgments, grants, or conveyances it shall be sufficient description of mining claim if it can be intelligently learned therefrom the name of the claim, the district, county, and territory, and the book and page where location notice is recorded. Location notice must contain: 1, name of the claim located; 2, the name of the locators; 3, the date of location; 4, length and width of claim in feet, and distance in feet from point of discovery to each end of the claim; 5, the general course of the claim; 6, locality of claim with reference to some natural object or permanent monument whereby claim can be identified. From time of location locator is allowed ninety days within which to do the following things: 1, to cause to be recorded with the county recorder a copy of location notice; 2, to sink a discovery shaft at least ten feet from the lowest part of the rim of the shaft from the surface, and deeper if necessary to disclose mineral in place; 3, to monument claim on the ground so that its boundaries can be readily traced. Failure to do any of the above things within ninety days shall be construed an abandonment. Surface boundaries may be marked by six substantial posts projecting four feet above the surface or substantial stone monuments at least three feet high, one at each corner of such claim, and one at the centre of each end line. Location notices may be amended.

Placer locations are made in the same manner as lode claims, except that a post or monument of stone is to be placed at each angle of the claim; if post used, it must be at least four inches by four feet six inches in length, set one foot in the ground, and surrounded by a mound of stone. No location work required on placers. Copy of placer location must be recorded within sixty days after date of location. Eight hours legal day's labor for all miners working underground.

Mortgages. Mortgages may be given either with or without power of sale, and must be executed, acknowledged, and proved as other conveyances. Sale of real estate under mortgage must be ordered by court unless it contains special power of sale. Mortgages may be released by entry on the margin of the record or by the usual release acknowledged. Mortgages, Chattel. Mortgages may be given upon all personal property except stock of merchandise daily offered for sale. The original or a certified copy must be filed with the county recorder, and parties to it must attach affidavit that it is bona fide and made without any design to delay or to defraud creditors. Mortgagor may retain possession thereof. Condition is broken if mortgagor removes property from county or sells or disposes of same without consent of mortgagee, who may then sell and pay debt, whether due or not. If property is removed to another county, mortgagee has one month to file copy in recorder's office in such county. Mortgagor, where time of payment is fixed, may foreclose by notice and sale unless a stipulation in writing to the contrary has been agreed upon by the parties, or he may foreclose in court. Notice must contain full description of property, with the time, place, and terms of sale, and must be served on mortgagor and all purchasers subsequent to mortgage, and on all persons having recorded liens junior to the mortgage. Notice must be posted in three public places for ten days, and published at least once in a newspaper published in the county. Chattel property pledged, unless otherwise agreed in writing, may be sold by giving the pledgor or any purchaser or assignee notice in writing for ten days of intention to sell, and by posting notices in three public places in the county of pledgor's residence, and by publishing once in a newspaper. Notice must contain description of property, the time and hour when, and the place where sale will take place. Pledgor may redeem at any time before sale, or the pledgee may foreclose in court. No chattel mortgage has any legal force or effect except between the parties, unless the residence of the mortgagor and mortgagee, the sum to be secured, the rate of interest to be paid, and when and where the debt is payable are set out in the mortgage. Notes and Bills. - The Arizona legislature in 1901 passed an act as a substitute for all prior legislation concerning negotiable instruments. The act is largely declaratory of the law merchant. It is almost identical with the laws existing in England, New York, Connecticut, Florida, and is identical with Colorado. See the laws of these States. Notaries Public. - Appointed by governor. Hold office four years. Women eligible. Bond one thousand dollars. Demand acceptance and payment and protest commercial paper. Take acknowledgments of all instruments, administer oaths, take depositions, keep official record of all acts done; keep record of parties, date, character and description of property affected by all instruments acknowledged before them. Have seal with the name of notary, name of county for which commissioned, and words "Notary Public" engraved thereon. Must reside in the county for which they are appointed, and have jurisdiction only within such county.

Partnership Doing business in this Territory under fictitious name or designation not showing name of partners must file with county recorder a certificate stating names in full of all its members and its place of business.

Pleadings Are under the code; must state facts and residence of the parties. Consist of complaint, answer, and demurrer to complaint. Practice - Is a code practice..

Record.

- The probate and district courts are courts of record. Certified copies of all public records may be read in evidence with like effect as originals. Service of Summons. - Upon any incorporated company or joint-stock association service may be made on the president, secretary, treasurer, or any director, or upon the local agent representing same in the county in which suit is brought, or by leaving copy of same at the principal office during office hours. Upon any railroad, telegraph, or express company, by serving any agent of such company who resides in the county, or may be found therein, where suit is brought. Domestic corporation having no officer in this Territory upon whom service of process can be had may be served by depositing two copies of the summons, writ, or other process in the office of the secretary of the Territory, one of which the secretary shall mail, postage prepaid, to the office of the company, or the president, secretary, or any director, or officer of such company.

Set-off and Counter-claim - May be pleaded, stating the items thereof. In claim for unliquidated or uncertain damages founded on a tort or breach of covenant, defendant is not permitted to set off any debt due him by the plaintiff; and if the suit be founded on a certain demand the defendant shall not be permitted to set off unliquidated or uncertain damages founded on a tort or breach of a covenant. Defendant may plead set-off or counterclaim found on a cause of action arising out of, incident to, or connected with the plaintiff's cause of action.

Summons. See Answer Day.
Supplementary Proceedings.

In aid of execution debtor may be brought before the court and made to testify as to his property. Taxes. Lien of taxes attaches to land and personal property first Monday in February. Property owners must report same to assessor between first Monday in February and first Monday in June, whether demanded or not. No specified date for making or filing such report, or date of ownership. Taxes due third Monday in September. No difference between real and personal property. Taxes become delinquent on the third Monday in December. Personal property taxes are collected by distress, unless owner also has

real estate sufficient to pay taxes on both personal and real property. All delinquent taxes on real estate must be collected by action by tax collector against owner in district court. Judgments for taxes include costs and attorney's fees. Delinquent taxes bear interest at ten per cent. No redemption from sales under execution upon judgment for taxes. Wills. Persons twenty-one years or over, or lawfully married, of sound mind, have power to make wills. No restrictions as to devise or bequest for charities. Will must be signed by testator or by another by his direction and in his presence, and if not entirely written by himself must be attested by two or more credible witnesses over fourteen years of age. Where will is entirely written by testator it need not be witnessed. Nuncupative wills may be for less than fifty dollars; over must be proved by three credible witnesses. Wills must be proved and letters granted in the county residence of deceased; if he was non-resident or absent at the death, in county where death may have occurred; in all other cases, where application is first made. Wills approved elsewhere may be allowed and recorded here. Wills in existence at the time of death may be proved if lost. Nuncupative wills must be reduced to writing within six days after spoken and proved within six months after date. Validity of will may be contested within one year after probate thereof, and not after. Married women cannot be appointed administrators. Inventory and appraisement including homestead and exempt property must be returned. Widow and children are entitled to possession of homestead, wearing apparel, and furniture, and may have set apart for their use the homestead in value not exceeding twenty-five hundred dollars and personal property not exceeding five hundred dollars. Administrator must publish a notice to creditors not less than once a week for four weeks; if estate is worth more than three thousand dollars, claims must be presented within ten months after the first publication; otherwise, four months. Claims against the estate must be sworn to and presented to the executor or administrator for approval or disapproval; if claim be founded on a bond, bill, note, or other instrument, the original shall be presented. If claim is secured by mortgage or other lien, such mortgage or lien shall be attached to the same and filed therewith unless the same is recorded, in which event reference to record is sufficient. Claims must be approved by the probate judge. If the executor or administrator or the judge refuse or neglect to indorse such allowance or rejection for ten days after the claim shall have been presented, such refusal or neglect may be deemed a rejection. When claim is rejected, suit may be brought within three months after date of rejection if it be due, or within two months after it becomes due, otherwise claim is barred.

LAWS OF ARKANSAS

RELATIVE TO THE

COLLECTION OF DEBTS,

TAKING OF DEPOSITIONS, ETC.

REVISED AND PREPARED EXPRESSLY FOR HUBBELL'S LEGAL DIRECTORY, DECEMBER 1, 1906, BY ROSE, HEMINGWAY, CANTRELL AND LOUGHBORough, of LITTLE ROCK, ARKANSAS.

Actions.Suit in the circuit court is commenced by filing a written complaint signed by the party or his attorney, verified by the affidavit of the party; this verification, however, is not required where the complaint is founded on a note, bond, bill of exchange, mortgage, or other written obligation of the defendant. The original or a copy of a writing or account sued on must be filed with the complaint if possible. In suits before justices of the peace the note or the account sued on is filed, and written pleadings are not required. In the circuit court judgment will be rendered, where no defense is interposed, where the summons has been served ten days before the commencement of the term in the county in which the action is brought or in an adjoining county, or where it has been served twenty days elsewhere in the State. In a few counties defense must be filed within twenty days after service of summons. Before justices the service must be five days before judgment, where the amount in controversy does not exceed fifty dollars, and ten days where it does exceed that sum.

Administration of Decedents' Estates.

Persons.

Affidavits.

Affidavits of any kind may be taken as provided for Claims against Estates of Deceased Persons, which title see. See also Proof of Claims.

Aliens. Aliens may own, devise, transmit, inherit, or in any way acquire or dispose of lands or other property.

Appeals.- Appeals may be taken from the judgment of a justice to the circuit court within thirty days from the date of the judgment. An appeal from the circuit to the supreme court may be taken at any time within one year from the date of the judgment appealed from. Infants, married women, and persons of unsound mind at the time of rendering such judgment have one year after the removal of their disabilities in which to appeal. Should one of such persons die, his legal representative may appeal at any time within a year from his death.

Appeals may be taken from the judgment of a probate court to the circuit court at any time within one year from the date of the judgment.

Appeals may be taken from a judgment of the county court to the circuit court at any time within six months after rendition of judgment.

Arrest. The defendant may be arrested, in a civil action, upon the plaintiff filing an affidavit stating the nature of his claim or debt, charging the defendant with fraud in contracting the same, that it is just, the amount or value which the plaintiff believes he ought to recover, and that affiant believes, either that defendant is about to depart from the State, and with the intent to defraud his creditors has concealed or removed from the State his property or so much thereof that the process of the court after judgment cannot be executed; or that the defendant has money, or securities for money, or evidence of debt in the possession of himself, or others, for his use, and is about to depart from the State without leaving property therein sufficient to satisfy the claim of plaintiff.

Bond must be given for the indemnity of the defendant, with one or more sufficient sureties, who need not be owners of real property.

Attachments. The plaintiff in a civil action may, at or after commencement thereof, have an attachment against the property of the defendant, in actions for the recovery of money, where the action is against: First, a defendant, or several defendants, who, or some one of whom, is a foreign corporation or a non-resident of the State, notwithstanding plaintiff's non-residency; or, second, who has been absent from the State four months; or, third, has departed from the State with intent to defraud his creditors; or, fourth, has left the county of his residence to avoid the service of a summons; or, fifth, so conceals himself that a summons cannot be served upon him; or, sixth, is about to remove, or has removed his property, or a material part thereof, out of the State, not leaving enough therein to satisfy the plaintiff's claim, or the claim of defendant's creditors; or, seventh, has sold, conveyed, or otherwise disposed of his property, or suffered or permitted it to be sold, with the fraudulent intent to cheat, hinder, or delay his creditors; or, eighth, is about to sell, con

vey, or otherwise dispose of his property, with such intent. But an attachment shall not be granted, where the defendant is a foreign corporation or a non-resident, for any claim other than a debt arising upon contract.

Where there is more than one defendant, the estate or interest of such defendant, as embraced in the above subdivisions, is subject to the attachment.

In order to obtain the attachment, the plaintiff must file in the office of the clerk (or the justice of the peace, as the case may be, his complaint, under oath, showing the nature of his claim, that it is just, the amount which he believes he ought to recover, and the existence in the action of some one of the grounds of attachment above enumerated. The affidavit may be made by an agent or attorney.

The lien of an attachment will not be affected by a subsequent general assignment. The order of attachment is issued by the clerk or justice of the peace, on the plaintiff filing a bond, with one or more sureties, conditioned to pay all damages the defendant may sustain if the order is wrongfully obtained. The sureties need not be owners of real property.

Attaching creditors are entitled to satisfaction out of the attached property according to their respective priorities.

The sureties are responsible on the attachment bond for the amount of actual damages, which does not include attorney's fees or prospective profits.

Under a writ of attachment debts due the defendant may be garnished.

Attachments may be sued out, and the actions in which the same are obtained may be prosecuted in any county in which property may be attached, or a garnishee, who is indebted, or has property belonging to the defendant, is served with process.

The creditor may have an attachment before his debt is due when the debtor has disposed of the property with fraudulent intent, or is about to do so, or about to remove his property from the State with fraudulent intent; the creditor first procuring an order for such attachment from the circuit judge or clerk.

Chattel Mortgages. Must be proved as other mortgages. They are to be recorded in the county of the mortgagor's residence, or, when he is a non-resident, in the county where the chattels are at the time of executing the mortgage. They may be filed and not recorded, at the option of mortgagee. If not intended to be recorded, they must bear the indorsement: "This instrument to be filed but not recorded." Liens from time of filing. There is no statute forbidding the mortgagor of chattels to remain in possession, and he generally retains them until a breach of condition. If, however, he is allowed to remain in possession, with power of disposition, the mortgage is void. See Mortgages; Deeds.

Claims against Estates of Deceased Persons.- Claims not exhibited within two years after the grant of letters are barred. Claims in favor of the executor or administrator, against the estate of his testator or intestate, must be established by competent testimony in the probate court; and the executor or administrator must make the same affidavit to his claim which is required of other persons. Claims against estates are payable in the following order: First, funeral expenses; second, expenses of last sickness, wages of servants, and demands for medicines and medical attendance during last illness; third, judgments rendered against deceased in his lifetime which are liens on his lands; fourth, all other demands exhibited within one year after the grant of letters, and fifth, all such demands exhibited after the end of one year from the grant of letters, and within two years thereafter. All actions pending against deceased at the time of his death, and revived against his personal representative, are considered legally exhibited against his estate from the time of such revival. All actions commenced against an executor or administrator are considered as demands legally exhibited against his estate from the time of service of process. Claims are exhibited by delivering to the executor or administrator a copy of the judgment, note, or other written contract, and exhibiting the original; or if the claim is on an account, an itemized account must be delivered. The claimant must append to his demand an affidavit that nothing has been paid or delivered toward the satisfaction of the demand except what is credited thereon, and that the sum of dollars above demanded

is justly due. The affidavit may be made by any one acquainted with the facts. If not made by the claimant, it must state that the affiant is acquainted with the facts sworn to. No debt shall be paid or allowed until this affidavit has been made; and no suit on a claim can be brought until the affidavit has been made. The affidavit may be made out of the State before a commissioner for Arkansas, a judge of a court, mayor of a city, notary public, or justice of the peace; in the State, before a judge of a court, justice of the peace, notary public, or clerk of a court. The administrator may allow the claim by indorsing his approval. If the claim is approved it shall be by the claimant returned into the probate court for allowance and classification; if rejected, the claimant must give the administrator ten days' notice of the presentation of the claim to the probate court for allowance. That court will hear and determine all such demands; and its concise entry of the allowance of a claim has the same force as a judgment. Trials in that court on these claims are in a summary manner without the forms of pleading. Depositions may be used as in other courts. All demands must be made according to their classes. Non-residents and married women cannot act as executors or administrators. In granting letters, husband or wife of the deceased or other distributee are first preferred. If no such apply within thirty days, then letters issue to any creditor or other person selected by the court. Bond is required in double the value of the estate, with two or more sureties. Six weeks' notice at court-house door or by publication is given creditors to present claims. Administrators make annual