missory notes and other instruments in writing must be commenced within five years after the cause of action accrues, and not after; actions on judgments and decrees must be commenced within ten years after the cause of action shall accrue. Infants and insane persons have the period allowed by the statute in which to sue after the removal of their disabilities. A right or action which is barred may be revived by part payment, or a new promise to pay in writing. Limitations of actions for the recovery of real estate, seven years; saving of three years after removal of disabilities in favor of infants, married women, and insane persons, but not to non-residents. Suits on mortgages must be brought before the debt itself is barred. If partial payments are made, they must be indorsed on the margin of the record, attested by the clerk. On contracts in writing, life and fire insurance policies, five years.

Married Women. The Constitution (art. XIV) provides as follows: "Sec 7. The real and personal property of any feme covert in this State, acquired either before or after marriage, whether by gift, grant, inheritance, devise, or otherwise, shall, so long as she may choose, be and remain her separate estate and property, and may be devised, bequeathed, or conveyed by her the same as if she were a feme sole; and the same shall not be subject to the debts of her husband. Sec. 8. The general assembly shall provide for

the time and mode of scheduling the separate personal property of married women." The legislature has passed an act providing for the scheduling of the separate property of married women. Failure to schedule such property leaves the burden of proof on the wife to show the character in which it is held.

A wife's separate property is not liable for any debts contracted by her unless the contract was made with special reference to its being so liable.

Females become of age at eighteen. As to the form of their conveyances, see Deeds. Mechanics' Liens.- Artisans, builders, and mechanics have liens for work and labor and materials furnished by them on any building, edifice or tenement, and also for money by them paid for such materials. The lien must be filed in ninety days and suit brought in fifteen months thereafter. Laborers have also a lien on the product of their labor, which must be enforced by suit within eight months.

Mortgages. — Acknowledged the same as deeds, and are not liens until filed for record, though good between the parties. They may be foreclosed by complaint in equity. Sales of personalty under decree are made on a credit of three months. Sales of land on not less than three nor more than six months, the purchaser giving bond with surety, having force of a judgment, and a lien being retained on lands sold for the price. Personal decree is also given for amount due on mortgage, and may be enforced by execution either before or after sale of mortgaged property, for any amount due. Mortgages may be released by entry of satisfaction on the margin of the record of the mortgage in the recorder's office by the mortgagees.

Property, real or personal, sold under powers in mortgages and deeds of trust, shall bring two thirds of its appraised value. If the property shall not bring two thirds of its appraised value, then in case of personalty another offering may be made in sixty days, or, in case of realty, in one year, when the sale shall be made to the highest bidder without reference to value. The realty may be redeemed by mortgagor at any time within one year from the sale thereof, by paying the amount the property sold for, ten per cent. interest, and costs. The mortgagee or trustee before sale shall apply to a justice of the township where the sale is to be made, to appoint three appraisers, who shall appraise the property under oath, and they or any two shall make a written report to the trustees or mortgagee, which shall be open to the parties interested; but if foreclosed in equity there is no appraisement, but the act of May 8, 1899, gives a redemption of one year from chancery foreclosure unless the right is waived in the mortgage.

Notaries Public. Are appointed by the governor for four years. Their acts must be under seal. Their jurisdiction is confined to their county, save for depositions, affidavits, swearing witnesses, and taking acknowledgments to deeds where it is coextensive with State. Notes and Bills of Exchange. - - Are governed by the law merchant. The general rules of commercial law on these subjects prevail. Three days of grace are allowed. There are no holidays peculiar to the State. Notes and bills due on Sunday, Christmas, New Year's, Washington's Birthday, Thanksgiving, and the 4th of July are to be presented and protested the day before; but notice need not be given until the day afterward. Protests are in the common form, and are made by notaries public. Acceptance must be in writing. If the drawee destroy or retain the bill, he is taken as having accepted it. The statute fixes in detail the damages to be awarded the holder of a bill in case of non-acceptance or non-payment. Protested bills bear interest at the rate of ten per cent. per annum. Notes given for patent rights and patented articles are open to defenses in the hands of innocent holders.

Practice. The courts practice under a Code of Practice, which code is similar to the Kentucky Code.

Proof of Claims. In suits on accounts, the affidavits of the plaintiff that the account is just and correct is sufficient to establish the same, unless the defendant shall under oath deny the correctness of the account either in whole or in part; in which case the plaintiff shall be held to prove such part of his account as is thus denied, by other evidence. Claims may be proved out of this State by an affidavit before a commissioner for Arkansas, judge of a court, mayor of a city, notary public, or justice of the peace. If made before an officer

having no seal, his official character must be certified by the clerk of a court of record. Non-resident plaintiffs must in all cases give bond with security conditioned for the payment of all costs which may accrue in the action. Suits may be brought by poor persons in forma pauperis. Also see Claims against Estates of Deceased Persons.

Redemption. Real estate or any interest therein, when sold under execution, may be redeemed by the debtor from the purchaser, or his vendees, within twelve months after the sale, by paying to the clerk of the court where the execution issued the purchase-money, with fifteen per cent. per annum. The sheriff gives the purchaser a certificate of sale, but the purchaser is not entitled to a conveyance or possession of the premises until the time for redeeming has expired. Judgment creditors may also redeem before the expiration of twelve months from time of sale. See Tax Laws.

Replevin. Personal property may be replevined at the time of the commencement of a suit, or at any time before judgment, by the plaintiff swearing to his ownership of it, its value, that it is wrongfully detained by the defendant, and that it has not been taken for a tax or under any order or judgment of a court, or execution or attachment against the plaintiff, or that, if it has been seized under an execution or attachment against the plaintiff, it is by statute exempt from such seizure, and that the cause of action accrued within three years. The affidavit may be made by an agent or attorney. The plaintiff must also give bond, with one or more sufficient sureties, to the defendant, conditioned that the plaintiff shall duly prosecute his action, return the property, if a return thereof be adjudged, and pay all damages that may be adjudged against him, not exceeding double the value of the property and costs. The defendant may retain the property, by giving bond, until the suit is determined.

Reports, Judicial. — Arkansas Reports from 1 to 70.

Revision. Last revision of laws in 1894. Last session acts, 1899.

Service. In the circuit court the first term is the trial term: 1. Where the summons has been served ten days before the beginning of the term, in the county where the action is brought, or in an adjoining county. 2. Where it has been served twenty days elsewhere in the State, or sixty days out of the State. 3. Where the defendant has been served by publication thirty days. Before a justice of the peace, in actions of fifty dollars and under, the summons must be served on the defendant at least five days before the day set for trial. Where the matter in controversy exceeds fifty dollars, the summons must be served at least ten days before the day of trial. In Pulaski, Garland, and Jefferson counties all process of superior courts is returnable in twenty days, and judgment may then be taken if court is in session.

Stay of Execution. The defendants (except in certain cases otherwise provided) may, when there is no execution thereon in the hands of a collecting officer, stay any judgment or decree for money for six months, by giving an obligation, with good security, to be approved by the clerk, or justice of the peace, conditioned for the payment of the judgment, interest, and cost.

Any execution on a judgment or decree, which could be stayed before such execution issued, may at any time before sale of property under the same be stayed for six months, by the defendant giving to the officer an obligation, payable to the plaintiff, with good security, for the amount thereof, interest, cost, and half commission of the officers.

No stay is allowed upon a judgment or decree against any collecting officer, or attorney at law, or agent, for a delinquency or default in executing or fulfilling the duties of his office or place, or failing to pay over money collected by him in such capacity, or against a principal by his surety, or a judgment or decree enforcing a lien in favor of a vendor or mortgagee.

After the forfeiture of a stay bond no further stay is allowed.

Supplementary Proceedings. After return of execution "no property found," the plaintiff may begin an equitable action, and compel a discovery from defendant, and may make any person supposed to have property or money due to the plaintiff a codefendant. Tax Law. Taxes must be paid between the first Monday in January and the 10th of April of each year next succeeding that in which they are assessed. If the taxes are not paid within the time required by law twenty-five per cent. penalty is added. Persons redeeming must pay the amount of taxes for which the land was sold, penalty, and costs, taxes afterward paid by the purchaser, and interest on these sums at the rate of ten per cent. per annum. Lands returned as delinquent for taxes may be redeemed within two years after such forfeiture. Lands delinquent are sold by the collector on the second Monday in June. When no one will bid the amount of the taxes, penalty, and costs, the lands are to be struck off to the State. Provided that minors, insane persons, and persons in confinement, shall have the same time for redemption after removal of their disabilities. Between grantor and grantee, taxes are a lien from the first Monday in December.

All taxes are ad valorem, including taxes of corporations. The board of railroad commissioners has full powers to assess railway, Pullman-car, express, and telegraph companies, except upon tangible property not part of right of way or used in conduct of business, which local assessors assess as they do other property. Railroads, right of way, and rollingstock, are assessed on first Monday in June, and reports must be filed during May with board of railroad commissioners. Pullman-car, express, and telegraph companies are assessed first Monday in July and are required to report every two years after first Monday in July, 1893. All other corporations are required to report to local assessors, who make

an ad valorem assessment as upon other property. All taxes repayable to local collectors. Taxes are delinquent April 10 next after levy, and penalty is twenty-five per cent of tax and fees of collection.

Testimony. See Evidence.

Trust Deeds. Must be acknowledged and filed the same as mortgages.

gages.

See Mort

Wills. Every person over twenty-one years old may devise realty and personalty, and all persons over eighteen may bequeath goods and chattels by last will and testament. Every will must be executed as follows: First, it must be subscribed by the testator at the end of the will, or by some person for him at his request; second, such subscription shall be made by the testator in the presence of each of the attesting witnesses, or shall be acknowledged by him to have been so made to each of the attesting witnesses; third, at the time of such subscribing or acknowledgment the testator shall declare the instrument so subscribed to be his last will and testament; fourth, there shall be at least two attesting witnesses, each of whom shall sign his name as a witness at the end of the will at the request of the testator; fifth, where the entire body and signature of the will are in the handwriting of the testator it may be established by the unimpeachable evidence of at least three disinterested witnesses to the handwriting and signature of the testator without subscribing witnesses; but no such will shall be pleaded in bar of one subscribed in due form. Nuncupative wills may be made during last illness, and must be proved by two witnesses, and are not good where the estate bequeathed exceeds five hundred dollars. A copy of a foreign will may be admitted to probate in this State if it appears by the copy of the probate in another State that it was so executed as to be a valid will of lands in this State by the laws thereof.

Wills are proved and recorded in the office of the clerk of the probate court of the county in which the testator resided at the time of his death. If he had no known place of residence in this State, and land is devised, then in the county where the land or the greater part thereof lies. If no land is devised, then in the county where he died, or that in which his estate or the greater part thereof shall lie, or where there may be any debt or demand owing to him.

Wills may be written on a typewriter.

There are no restrictions in regard to bequests for charitable or religious purposes.

LAWS OF CALIFORNIA

RELATIVE TO THE

COLLECTION OF DEBTS,

TAKING OF DEPOSITIONS, ETC.

REVISED EXPRESSLY for hubbeLL'S LEGAL DIRECTORY, DECEMBER 1, 1906, BY HENRY ACH, OF THE SAN

Actions. There is but one form of civil action in this State. The common law forms of pleading have been abolished by the Code. (C. C. P. § 307.)

Actions are commenced by filing with the clerk of the court a written complaint. If the action be in a justice's court, it may be by filing a copy of the note, bill, account, or other instrument on which action is brought. See Judgment; Service.

The action must be prosecuted in the name of the real party in interest, except that an executor or administrator, or trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the persons for whose benefit the action is prosecuted.

If the complaint, though not verified, contains a copy of the instrument upon which the action is brought, the genuineness and due execution of such instrument are admitted unless the answer denying the same be verified.

If the defense to an action is founded on a written instrument and the answer contains a copy thereof, its genuineness and due execution are deemed admitted unless, within ten days after receiving a copy of the answer, the plaintiff file with the clerk an affidavit denying the same.

An action affecting the title or possession of real estate, or for the enforcement of a lien thereon, must be commenced in the county in which the same, or some part thereof, is situated. In personal actions, the complaint may be filed in any county in the State, but the defendant has the right to have the action tried in the county of his residence, or in the county in which some one of the defendants resides, if there be more than one defendant. In all cases, however, the court has the right to change the place of trial for the convenience of witnesses, or when satisfied that an impartial trial cannot be had in the county where the action is pending. A non-resident plaintiff or a foreign corporation may be required by the defendant to give security for costs before proceeding further with the action. See, also, Service of Summons.

See Estates of Deceased Persons.

Administration of Decedents' Estates. Affidavits. Ex parte affidavits may be used to verify a pleading or other paper; to prove the service of a summons, notice, or other paper in a case; to obtain a provisional remedy, the examination of a witness, or a stay of proceedings, or upon a motion, and in some other special cases. In all other cases where a written declaration under oath is used, it must be in the form of a deposition to be used in court.

Affidavits to be used within this State may be taken in the State before any officer authorized to administer oaths.

If taken out of this State, but in the United States, before a commissioner appointed by the governor of this State to take affidavits and depositions in such other State, or before any notary public in another State, or before any judge or clerk of a court of record having a seal.

If taken out of the United States, before an ambassador, minister, consul, or vice-consul or consular agent of the United States, or before any judge of a court of record having a seal, in such foreign country.

When an affidavit is taken before a judge of a court out of this State, the genuineness of the signature of the judge, the existence of the court, and the fact that such judge is a member thereof, must be certified by the clerk of the court, under the seal thereof. The law is silent upon the question whether a notary public's signature and official character shall be certified to by any officer.

Affidavits need not be in any particular form.

--

Aliens. Any person, whether citizen or alien, may take, inherit, hold, and dispose of property, real or personal; but if a non-resident alien takes by succession he must appear and claim the property within five years from the time of succession, or the State may then take proceedings to have the proceeds deposited in the state treasury for his benefit. If he does not appear and claim the proceeds within five years after the time of deposit he is then barred. No person capable of succeeding under the statutes of descent is precluded from such succession by reason of the alienage of any relative.

Appeals. — Appeals may be taken from any judgment rendered in a civil action in a police or justice's court to the superior court of the county, within thirty days after rendition of the judgment. (C. C. P. § 974.)

Appeals may be taken to the supreme court from the superior courts in all cases in equity, except such as arise in justices' courts, also in all cases at law which involve the title or possession of real estate or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand exclusive of interest, or the value of the property in controversy, amounts to two thousand dollars; also in all such probate matters as may be provided by law; also on questions of law alone in all criminal cases, where judgment of death has been rendered.

Appeals may be taken from the superior courts to the district courts of appeal in all cases at law in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars, also in all cases of forcible and unlawful entry and detainer (except such as arise in justices' courts); in proceedings in insolvency and in actions to prevent or abate a nuisance; in proceedings of mandamus, certiorari, and prohibition, usurpation of office, contesting elections, and eminent domain, and in such other special proceedings as may be provided by law (excepting cases in which appellate jurisdiction is given to the supreme court), also, on questions of law alone, in all criminal cases prosecuted by indictment or information in a court of record, excepting criminal cases where judgment of death has been rendered.

The appeal from a final judgment must be taken within six months from its entry, and in case judgment rendered on appeal from inferior court, ninety days. An appeal from an order or from any probate order or decree, or from an order granting or refusing a new trial, setting aside a judgment or decree, granting or dissolving an injunction, or refusing so to do, or an order appointing a receiver, dissolving or refusing to dissolve an attachment, granting or refusing a change of venue, or any special order after final judgment, or from an interlocutory judgment, or from an order modifying or setting aside or changing the report of referees, must be taken within sixty days after the entry of the order, judgment, or decree. An exception to a decision or verdict cannot be reviewed on appeal unless the appeal is taken in sixty days.

Arrest. The defendant in an action may be arrested in the following cases: 1. In an action for the recovery of money or damages on a cause of action arising on contract express or implied, when about to leave the State with intent to defraud his creditors. 2. For money or property embezzled or fraudulently misapplied or converted. 3. In an action for property where some part of it has been concealed or disposed of to prevent its being taken by sheriff. 4. Where debt was contracted by fraud. 5. Where defendant disposes of property with intent to defraud.

The Constitution (art. I. § 15) forbids imprisonment for debt in civil actions except in cases of fraud, and in civil actions for torts except in cases of willful injury to person or property.

To obtain order for arrest, the plaintiff, or some person for him, must by affidavit show that the case is one mentioned above. Affidavit must be positive, or, if upon information and belief, the facts upon which belief is founded must be stated.

Order for arrest must be obtained from a judge of the court in which the action is brought. Before court makes order it must require undertaking in a sum to be fixed by court, not less than five hundred dollars, to the effect that if arrest is wrongful plaintiff will pay all damages occasioned to defendant thereby. (C. C. P. §§ 479–482.) See Undertakings.

Assignments for the Benefit of Creditors. Partially suspended by the national bankruptcy act of 1898. For the old law, see this Directory for 1900.

Attachment. At the time of issuing the summons, or at any time afterward, before judgment, the plaintiff may have a writ of attachment against the property of the defendant, in an action upon a contract, express or implied, 1st, for the direct payment of money, where the contract is made or is payable in this State, when not secured by mortgage, lien, or pledge of real or personal property, or, if so secured, when such security has, without any act of the plaintiff or the person to whom the security was given, become valueless; 2d, upon contract whenever the defendant in the action resides out of the State; and 3d, in an action against a non-resident defendant to recover a sum of money as damages arising from an injury to property in the State in consequence of negligence, fraud, or other wrongful act. A non-resident plaintiff is entitled to the writ equally with a resident. The clerk of the court will issue the writ upon receiving the proper affidavit, and upon receiving a written undertaking on the part of the plaintiff in a sum of not less than two hundred dollars and not exceeding the amount claimed for payment of costs and damages, should the defendant recover judgment or attachment be discharged. (C. C. P. §§ 537539.) See Undertakings. The sureties to the undertaking must be residents and householders or freeholders within this State. If the plaintiff be the State, or the people of the State, or any state officer in his official capacity, or any county, city, or town, no undertaking is required.

Affidavit for attachment must be made by plaintiff or some person in his behalf. Any competent person can make the affidavit. The affidavit must show that defendant is indebted to plaintiff upon a contract, express or implied, for the direct payment of money; that such contract was made or is payable in this State, and is not secured by any mortgage or lien upon any real or personal property, or, if originally so secured, such security