until and except from the time that it is duly admitted to record in the county or corporation wherein the property embraced in such a contract or deed may be (§ 2465; Acts 1899-1900, p. 89); and although recorded in one county it is not valid as to property embraced in it lying or being in another county. (See § 2466; Acts 1895-96, ch. 250, p. 285; Acts 1895–96, p. 842.) If after the conveyance goods and chattels mentioned in such writing be removed from the county or corporation in which it is admitted to record, one year is allowed for recording it in the county or corporation to which goods and chattels are removed (see § 2468); and to protect the interests of a married woman, infant, or insane person, one year after removal of disability is allowed. (See § 2468; Acts 1893-94, p. 545.)

The county and corporation courts are those in which wills and deeds are recorded. In Richmond they are recorded in the chancery court of Richmond. This is a city court, but not what is technically known as the "corporation court." There is no official designated as "Recorder." The clerk of the court, under the supervision of the judge, acts în the premises.

Redemption. There are no statutory provisions regulating the redemption of estates under mortgages and deeds of trust; but the equity of redemption exists in the mortgagor in a mortgage, and in the grantor in a deed of trust.

Release of Mortgage or Trust Deed. Where the money secured to be paid by a mortgage or trust deed has been paid, a release of the deed of trust or mortgage may be made by deed from the trustee and beneficiary or deed of trust, or mortgage may be marked satisfied on the margin of the deed book where recorded by the beneficiary or by the clerk of the court at his instance.

Replevin.-There is no action of replevin in Virginia. Any property levied on or seized under any attachment may be recovered by the person in whose possession it was giving bond with condition to have the same forthcoming at such time and place as the court may require. See Actions.

Reports. Martin P. Burks, Lexington, Va., is the reporter of the supreme court of appeals. About one volume of reports per annum is issued. Decisions of no other courts reported.

Revision.-Revision of Code completed in 1887, enacted in 1887; in force, May 1, 1888. Service of Summons. The process to commence a suit is a writ directed to an officer for service on defendants, commanding them to answer the action at law, or bill in equity, as the case may be. The writ is directed to the sheriff or sergeant of any county or corporation, except that when suit is brought in a county or city where the cause of action arose, and none of the defendants reside there, the writ cannot be directed to an officer of any other county or corporation than that in which the action is brought, unless it be an action against a railroad, express, canal, navigation, turnpike, telegraph, or telephone company, or upon a bond taken by an officer under authority of some statute, or to recover damages for a wrong, or against two or more defendants, on one of whom such process has been executed in the county or corporation in which the action is brought.

The summons must be returnable within ninety days to the court on the first day of the term, in the clerk's office on the first or to third Monday in a month, or to the first day of any rules. If executed, and the declaration is filed, a common order is made, and at the next rules the common order is confirmed.

Rules are held on the first and third Mondays in every month, except in certain cases; and a defendant may appear at the rule day to which the summons is returnable; or if it be returnable in term, at the first rule day after the return day; and if the declaration or bill be not then filed, mav give the plaintiff a rule to file the same. If the plaintiff fail to do this at the next rules, or fail to prosecute the suit, he is nonsuited, and must pay five dollars and costs. If one month elapse after the process is executed on any one or more of the defendants without the declaration or bill being filed, the suit is dismissed although none of the defendants appear. (See § 3241.)

The case is tried at the term of court succeeding the rule day at which the common order is confirmed, unless there be good cause shown for a continuance.

Summons is served by delivering a copy in writing to the party in person; or, if he be not found at his usual place of abode, by delivering such copy and giving information of Its purport to his wife, or any person found there who is a member of his family and above the age of sixteen years; or if neither he nor his wife nor any such person be found there, by leaving such copy posted at the front door of said place of abode.

There are special provisions as to the service of process against a corporation. (Code, 1887, § 3225; Acts 1893-94, p. 614; 1895-96, p. 445.)

Service by Publication. 1st. On affidavit that a defendant is not a resident of this State; or 2d, that due diligence has been used by or on behalf of the plaintiff to ascertain in what county or corporation he is, without effect; or 3d, that process directed to the officer of the county or corporation in which he resides, or is, has been twice delivered to such officer more than ten days before the return dav, and been returned without being executed; or 4th, that the defendant in a suit for divorce from the bond of matrimony is under sentence to confinement in the penitentiary - an order of publication may be entered against such defendant. In suits in equity where the bill states that the names of any persons interested in the subject-matter are unknown, on affidavit, there may be an order of publication. And in a suit in equity in which the number of defendants upon whom process has been served exceeds thirty, and it appears that the thirty represent like interests with the others, an order of publication may be made as to the other defendants if directed by the

court, or judge thereof in vacation; in other cases the order of publication may be ordered in court, or by the clerk in vacation. In proceeding by petition there may be an order of publication in like manner as in a suit in equity. (Code, 1887, § 3230.)

Stay of Execution.-There is no stay of execution except in the case of small claims (see Executions from Justices' Courts), and except when a party desires to petition for an appeal, in which case execution on the judgment or decree is suspended (on his giving security) for a period not usually more than sixty days. But after execution reaches the hands of the officer he may take from the debtor a bond with good security conditioned for the forthcoming of the property at the day and place of sale.

Supplementary Proceedings. To ascertain the estate on which a writ of fieri facias is a lien, and to ascertain any real estate in or out of the State to which a debtor named in such fieri facias is entitled, the judgment creditor may obtain from the judge of the court from which the fieri facias issued, either in term or vacation, a summons requiring the execution debtor, or any debtor or bailee of his, to appear before a commissioner to answer interrogatories and make disclosure. (See Acts 1897-98, p. 503.) If it comes to the knowledge of the judgment creditor that there are any debts owing to his debtor by any third party, such third party may by a summons on suggestion be required to answer before the court at its next term, or (when execution issued by a justice) before any justice of the county or corporation in which the same issued, whether or not he is indebted to such execution debtor; and if he answers affirmatively judgment may be entered against such garnishee in favor of the execution creditor. (§ 3609.) If the creditor is not satisfied with the answer of the garnishee a jury may be impaneled to try the question of his indebtedness if the matter is before a court; when the summons is before a justice, he proceeds without a jury. (See § 3610.)

Sureties, Guarantors, and Indorsers.-The surety, or guarantor, or indorser (or his committee or personal representative) of any person bound by any contract, may, if a right of action has accrued thereon, require the creditor, or his committee or personal representative, by notice in writing, forthwith to institute suit thereon; and if he be bound in a bond with a condition, or for the performance of some collateral undertaking, he shall also specify in such requisition the breach of the condition or undertaking for which he requires suit to be brought. (Code, 1887, § 2890.)

If suit be not then brought in a reasonable time against every party to such contract who is a resident of the State, and not insolvent, and prosecuted with due diligence to judgment and by execution, the claim against the surety, guarantor, or indorser is forfeited. (See § 2891.)

See other provisions concerning sureties in bonds, etc. (Ch. 136.)

By motion, the party paying money as bail, surety, guarantor, or indorser, or any sheriff liable for not taking sufficient bail, or the committee or heir or personal representative of any so liable to pay, in whole or in part, may recover the amount paid with interest from the time of payment and five per cent. damages on the amount. (See § 2893.)

Taxation. Lands are assessed for taxation every five years for state taxation by commissioners whose report is made in triplicate, one to the auditor of public accounts, one to the clerk of the circuit court of the county of corporation, one to the commissioner of the revenue of the county, district, or corporation, on or before the first day of June in the year in which the assessment is made, but for good causes the judges of the circuit or corporation court may extend the time of making returns to the first day of July, next succeeding. (Acts of G.A., extra session 1902-3-4, ch. 388.) Taxes are payable from July 1 to December 1. Penalty for non-payment is five per cent. added to the amount assessed. On all real estate liable for taxes and on the rent thereof the State has a paramount lien for its taxes due. The lien on rent is limited to taxes due for the current year. Lands delinquent December 15 for non-payment of taxes may be sold by the State. Taxes upon corporations vary as to the corporations of different kinds, both as to the time of report, character of report, and the officer or officers to whom they are to be made, also as to penalties for non-payment; there are also license taxes too numerous to be noted. The tax laws are complicated and of difficult construction. Questions concerning them can only be properly settled by calling in the aid of professional advice; a general statement is more likely to mislead than direct aright.

Testimony. - The common rules of evidence prevail, except that by statute parties in interest are rendered competent witnesses in civil cases. A court may for good cause shown require interested witnesses to give evidence ore tenus, or rule out their depositions. (See Code, § 3345.)

Where one of the original parties to the contract is dead, insane, or incompetent to testify by reason of any other cause, the other party is not usually admitted to testify in an adverse interest. There are exceptions to this rule.

Trust Deeds. - See Deeds, Chattel Mortgages, and Mortgages.

Wills. Every one but persons of unsound mind, or under twenty-one years of age, may make a will; and minors eighteen years of age may make wills of personalty, and married women may make wills for the disposition of their separate estate or in the exercise of a power of appointment. (Code, 1887, § 2513; Acts 1899-1900, p. 753.)

Wills must be in writing and signed by testator, or some one in his presence and by his direction. The court of last resort has not decided that typewriting is or is not writing within the meaning of the statute. (By Code, 1887, § 5, sub-section 11, "written,"

LAWS OF VIRGINIA.

"in writing," shall be construed to include any representation of words, letters, or figures, whether by printing or otherwise. See also Pollard's Code of Va., ch. 2, § 5, sub-section 11, page 7.) Unless wholly written by testator, signature shall be made or will acknowledged by him in the presence of at least two competent witnesses present at the same time, and such witnesses shall subscribe the will in the presence of the testator, but no form of attestation is necessary. A soldier in actual military service, or a mariner or seaman being at sea, may dispose of This applies to both personalty and realty. (See § 2514.) his personal estate as he might heretofore have done; and the will of a person domiciled out of this State at the time of his death shall be valid as to personal property in this State, if it be executed according to the law of the State or country in which he was so domiciled. (Code, 1887, § 2516.) Testator can leave the whole or any part of his estate to charity. He may also disinherit one or more of his children.

The circuit, county, and corporation courts have probate jurisdiction. The jurisdiction is in the court of the county or corporation in which decedent has a mansion-house or known place of residence; if no such house or place of residence, then in a county or corporation in which any real estate lies that is devised or owned by decedent; and if no such real estate, then in the county or corporation wherein he dies or in which he has estate. (See § 2533; Acts 1887-88, p. 16; 1893-94, p. 898.)

All parties interested may be summoned by the propounder of the will, non-residents by publication. Those not summoned and made parties to the proceeding may, years after probate or refusal, file a bill to impeach or establish the will; and in case of an infant the time is extended one year after he becomes of age, and in case of one proceeded within two against by order of publication, unless he actually appeared as a party or was personally summoned he may file such bill within two years after such sentence or order."

The depositions of non-resident witnesses may be taken.

Where a will relative to estate within this State has been proved without the same, an authenticated copy thereof, and the certificate of probate thereof, may be offered for probate in this State. When such copy is so offered, the court to which it is offered shall presume, in the absence of evidence to the contrary, that the will was duly executed and admitted to probate as a will of personalty in the State or country of the testator's domicile, and shall admit such copy to probate as a will of personalty in this State. And if it appear from such copy that the will was proved in the foreign court of probate to have been so executed as to be a valid will of lands in this State by the law thereof, such copy may be admitted to probate as a will of real estate. (Code. 1887, § 2536.)

LAWS OF WASHINGTON

RELATIVE TO THE

COLLECTION OF DEBTS,

TAKING OF DEPOSITIONS, ETC.

PREPARED EXPRESSLY FOR HUBBELL'S LEGAL DIRECTORY, DECEMBER 1, 1906, BY HUGHES, MCMICKEN, DOVELL AND RAMSEY, OF SEATTLE, WASHINGTON.

[References herein are made to Ballinger's Annotated Codes and Statutes of Washington.]

Acknowledgments. See Deeds.

Actions. -For the enforcement or protection of private rights and the redress of private wrongs, there is but one form of action in this State, which is called a civil action. (2 B. C. § 4793.) All forms of pleadings existing at common law are abolished, and forms of pleading allowed are those provided for by the Code. (2 B. C. § 4903.) Any person or corporation may bring an action against the State. Such action must be brought in the superior court of Thurston County, and plaintiff must file a bond for costs at the time of filing his complaint. (2 B. C. § 5608.) An action is commenced by the service of a summons, or by filing a complaint with the clerk of the court, provided that where a suit is begun by filing a complaint the defendant must be served personally, or service by publication commenced within ninety days from the filing of the complaint. (2 B. C. § 4869.) Complaint must be filed to "commence" action to stop statute of limitations. Every action must be prosecuted in the name of the real party in interest, except that an administrator, executor, guardian, trustee of an express trust, or a person authorized by statute, may sue without joining the person for whose benefit the action is prosecuted. A trustee of an express trust shall be construed to include a person with whom, or in whose name, a contract is made for the benefit of another. (2 B. C. §§ 4824, 4825.) The widow or widow and children, or children, if no widow, of a man killed in a duel have a right of action against the slayer and against the seconds and all aiders and abettors; and in all cases where the death of a person is caused by the wrongful act or negligence of another, his heirs or legal representatives may maintain an action for damages against the person causing the death, and the jury may give such damages, pecuniary or exemplary, as they may deem just. (2 B. C. § 4828.) The word "heirs" must be restricted to widow and children of deceased. The executor or administrator may maintain an action for the benefit of widow or children. Every husband, wife, child, parent, guardian, employe or other person who shall be injured in person or property or means of support by any intoxicated person, or in consequence of the intoxication, habitually or otherwise, of any person, shall have a right of action in his or her own name, severally or jointly, against any person or persons who shall, by selling or giving intoxicating liquors, have caused the intoxication of such person, for all damages sustained. A married woman may bring such action in her own name, and all damages recovered by her shall inure to her separate use. In case of the death of either party, the action and right of action to or against his executor or administrator shall survive. (Laws of 1905, ch. 62.)

Administration of Decedents' Estates.

Persons.

See Claims against Estates of Deceased

Affidavits. Affidavits may be taken before the following officers: Judges of the supreme court and the clerk thereof, or his deputy, judges of the superior court and their clerks, and deputy clerks, justices of the peace, notaries public, and auditors and deputy auditors of counties. (2 B. C. §§ 4702, 4703, 4724, and 1 B. C. §§ 248, 401.)

Aliens. The State constitution provides that the ownership of lands by aliens, other than those who in good faith have declared their intention to become citizens of the United States, is prohibited, except where acquired by inheritance, under mortgage, or in good faith in the ordinary course of justice in the collection of debts; and all conveyances of lands made to any alien directly, or in trust for such alien, shall be void. These provisions do not apply to lands containing valuable deposits of minerals, metals, iron, coal, or fire clay, and the necessary land for mills and machinery to be used in the development thereof, and the manufacture of the products therefrom. Every corporation, the majority of the capital stock of which is owned by aliens, shall be considered an alien. (Const. art. II. § 33.) Appeals. If the amount in controversy, exclusive of costs, exceeds twenty dollars, any person considering himself aggrieved by any judgment or decision of a justice of the peace may appeal therefrom to the superior court by filing a notice of appeal with the justice, and serving a copy thereof on the adverse party or his attorney within twenty days after the

rendition of the judgment or decision complained of. He must also, within the time afore said, file a bond, with sureties in the sum of one hundred dollars, to the effect that he will pay all costs that may be adjudged against him on the appeal, or, if a stay of proceedings be claimed, a bond with sureties in double the amount of the judgment appealed from to the effect that the appellant will pay the costs and judgment rendered against him on appeal. (Laws 1905, ch. 20; 2 B. C. § 6755.) The justice shall then allow the appeal and certify a transcript to the superior court. (2 B. C. §§ 6756, 6758.) If the appealing party be a county, city, or school district, no cost or superseding bond is required. (2 B. C. § 6755.) Appeals to the supreme court may be made from all of the following determinations, and no others, made by the superior court or judge thereof: 1. From the final judgment entered in any action or proceeding, and such appeal brings up for review all orders made in the action. 2. From any order refusing to vacate an order of arrest in civil action. 3. From any order granting or denying a motion for a temporary injunction heard upon notice to the adverse party or order vacating or refusing to vacate a temporary injunction. Provided that no appeal shall be allowed from any order denying a motion for a temporary injunction or vacating a temporary injunction unless the judge of the superior court shall have found upon the hearing that the party against whom the injunction was sought was insolvent. 4. From any order discharging or refusing to discharge an attachment. 5. From any order appointing or removing, or refusing to appoint or remove, a receiver. 6. From any order affecting a substantial right in a civil action or proceeding, which either (a) in effect determines the action or proceeding and prevents a final judgment therein; or (b) discontinues the action; or (c) grants a new trial; or (d) sets aside or refuses to affirm an award of arbitrators, or refers the cause back to them. 7. From any final order made after judgment, which affects a substantial right. (Laws 1901, pp. 28, 29.)

Unless the action involves the legality of a tax, impost, assessment, toll, municipal fine, or the validity of a statute, appeal does not lie to the supreme court, where the amount in controversy does not exceed two hundred dollars. (2 B. C. § 4650.)

In all cases appeals from final judgments must be taken within ninety days after the entry thereof, appeal from orders, other than final orders, must be taken within fifteen days after the entry thereof if made at time of hearing, or, when made after the hearing, fifteen days after service of order with written notice of entry thereof. (2 B. C. § 6502.) Within ninety days after appeal taken, the clerk of the superior court shall prepare, certify and file in his office at the expense of appellant a transcript of the record. Within four months after said appeal taken the clerk shall send up to the supreme court, at appellant's expense, said transcript together with the original briefs on appeal filed in his office. Supplementary record may be prepared, certified and sent up at any time prior to the hearing of the appeal. Appellant's brief is due ninety days after appeal has been taken, respondent's brief thirty days after service of appellant's brief. Not less than ten days before the hearing, appellant may serve and file a reply brief. Time may be extended by the court or by stipulation of parties. (Laws 1901, pp. 29–31.)

In order to stay proceedings upon the judgment, the appellant must file a bond with sureties conditioned to pay to the respondent all costs and damages which may be awarded against him in the supreme court, and also that he will satisfy and perform the judgment or order appealed from if required so to do by the supreme court. In the case of a money judgment the bond must be for double the amount and cost recovered. In all other cases it must be for at least two hundred dollars. (2 B. C. § 6506.)

Arrest. - The defendant may be arrested upon an order of the court where the action is brought, or of a judge of the supreme court, in the following cases: In an action for the recovery of damages, on a cause of action not arising out of contract, when the defendant is non-resident or is about to remove from the State, or in an action for an injury to person or character, or for injuring or wrongfully taking, detaining, or converting personal property. In an action for a fine or penalty, or on a promise to marry, or for money received or property embezzled or fraudulently misapplied or converted to his own use by a public officer or by an attorney, or by an officer or agent of a corporation, in the course of his employment as such, or by a factor, agent, broker, or other person acting in a fiduciary capacity, or for misconduct or neglect in office or in professional employment. In an action to recover the possession of personal property unjustly detained, when the property has been concealed, removed, or disposed of, so that it cannot be taken by the sheriff with the intent to conceal it or deprive the plaintiff of the benefit thereof. When the defendant has been guilty of fraud in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property. When the defendant has removed or disposed of his property, or is about to do so, with intent to defraud his creditors. When the action is to prevent threatened injury to or destruction of property in which the plaintiff claims an interest, and there is imminent danger that the property will be destroyed or its value impaired. On the final judgment or order of the court, when the defendant having no property subject to execution has money which he ought to apply in payment, but refuses, with intent to defraud the plaintiff. (2 B. C §§ 5463, 5464.) The order of the court for arrest will not be granted except upon proof under oath other than the complaint and affidavit of the party applying his agent or attorney. (2 B. C. § 5465.) Before the clerk shall issue the warrant of arrest a bond shall be executed and filed in such sum as the court or judge shall fix in the order, with two or more sureties to the satisfaction of the clerk, conditioned that if the order of arrest shall be vacated, or if the plaintiff