and the County Court shall cause notice of such time and place to be given by publication for four successive weeks, or in such manner as it shall direct, the first publication to be within fifteen days after the making of the order. Failure to file claim within the time limited by the order bars the claim, excepting in the Federal Courts, which do not recognize this provision. ("III. Administration.")

IX. COURTS:

The Circuit Court has general jurisdiction over all actions except those against the State. Some County Courts have a limited civil jurisdiction. Superior courts have jurisdiction over civil cases within a limit specified by law establishing them.

Justices of the peace have jurisdiction in civil actions where the amount involved does not exceed two hundred dollars; but cannot try suits in which title to land is involved. Their jurisdiction over torts is limited.

Regular terms of County Courts are held the first Tuesday in each month, except the months of July and August. Special terms may be held on any other Tuesday. Terms of the Circuit and Superior Courts are held at times specified in the statutes.

X. DEEDS:

Conveyances of land or of any estate or interest therein may be made by deed signed and sealed by the person from whom the estate or interest is intended to pass, being of lawful age, or his lawful agent or attorney, and acknowledged or proved in form prescribed, without any other act or ceremony whatever; but no mortgage or alienation by a married man of his homestead exempt by law from execution shall be filed or have any effect as to such homestead without the signature of his wife to the same. A husband can convey directly to his wife.

XI. DEPOSITIONS:

Depositions may be taken in pursuance of a stipulation, or after due notice, to be used before any court or magistrate in any action or proceeding, or on any motion therein. In criminal cases in courts of record the defendant may, on notice of the district attorney, apply to the court or presiding judge thereof to take the deposition of any material witnesses within the State in imminent danger of death, or of any material witness who is without the State. The deponent shall be sworn and his testimony taken in writing, and when completed, carefully read over by the officer taking the same, to, and signed by the witness; and thereafter forwarded under seal; such deposition to remain so to the clerk of the court or the magistrate or other person before whom the matter is pending, sealed until opened by the court. Depositions may be taken by any judge, justice, court commissioner, or master in chancery of any court of record in the United States, or any notary public or justice of the peace. XII. DESCENT:

Realty (except homestead, q. v.), undevised, descends to: 1. Children and their issue, if all are in the same degree; else by right of representation. 2. Widow. 3. Parents, or survivor of them. 4. Brothers and sisters, or if deceased, their issue by right of representation. 5. Other next of kin in equal degree.

All realty owned in husband's life, except homestead, is subject to dower, unless barred by wife's assent to deed, or by a jointure or provision by will accepted in lieu of it; and all owned by wife at death and not devised by her or descended to issue by a former husband is subject to tenancy by curtesy. A non-resident wife is dowable only of lands owned by husband at decease. Tenancy by curtesy is independent of issue. Personalty is distributed by rules of descent.

XIII. EXECUTIONS:

Executions from a Justice Court may be stayed by bond for periods varying with amount; from a court of record only by security on appeal. There is no lien on chattels till levy; and sale is on twenty days' notice.

On realty, lien begins with docket of judgment or transcript from Justice or Record Court, in the office of clerk of the Circuit Court of the county wherein the land lies. All papers or certified copies thereof may be filed in county where land lies for enforcement of judgment. Sale is had on six weeks' notice, and sheriff's deed absolute issues after fifteen months without redemption. Supplementary proceedings lie after issue of execution and before or after return unsatisfied. Execution is issued, as of course, within five years after judgment; after five years, only on authority from the court.

XIV. EXEMPTIONS:

Exempt chattels are growing crops, clothing, bedding, stoves, cooking utensils, and other furniture to value of two hundred dollars; library; two cows, ten swine, two horses or mules (or one of either and a yoke of oxen), ten sheep and their wool, and a year's food for all exempt live stock; a wagon, sleigh, dray, plow and two hundred dollars' worth of other farm tools or tackle for teams; a year's provisions for debtor and family, tools and implements, or stock in trade, or both, up to two hundred dollars in value: sewing machines for family use; printing materials and presses of a printer or publisher up to one thousand five

hundred dollars in value (except that as to claims of laborers and servants for services, only four hundred dollars shall be exempt); patents, owned by the inventor; three months' earnings (not over $60 a month), if the debtor has a family to support; and all insurance money on exemptions.

Most of these exemptions avail only residents. Corporations have no exemptions. Partners, however many, may take exemptions as individuals from joint assets. None of the above property is exempt from execution or attachment in action for purchase money of the same property. If husband does not select exemptions, the wife

may.

XV. HOMESTEAD:

Real estate of whatever value, not over one-quarter of an acre in a city or village, or forty acres for agriculture in the country, is exempt to the actually resident owner. So, too, is its insurance, when burned, or its proceeds when sold, and held not over two years for purchase of a new one. But it is subject to mechanics' and mortgage liens, created with the wife's assent, and it cannot be conveyed without her signature (except that purchase money mortgage is good without wife's signature). On death of owner (unless widow is otherwise provided for to her satisfaction) it goes to her for life or widowhood; then, as other realty, to the heirs. (XII. Descent.)

An insolvent, independently of an assignment for his creditors, may procure a discharge as to creditors within (but not without) the State, by surrender of all non-exempt property, and petition. The property is distributed to creditors through an assignee. On notice to creditors. and an examination of the debtor, in the absence of fraud, the discharge is granted. (VI. Assignments.)

XVII. INTEREST AND USURY:

The legal rate is six per cent; maximum contract rate, ten. Usury forfeits the whole interest.

XVIII. JUDGMENTS:

Judgments in the Circuit Court keep debts alive for twenty years, are liens on land for ten years, and bear interest at the rate of seven per cent.

XIX. LIENS:

Every person who, as principal contractor, architect. civil engineer or surveyor, performs any work or labor, furnishes any materials or prepares any plans or estimates for, in or about the erection, construction, repairs, protection or removal of any dwelling-house or other building. or any machinery erected or constructed so as to be or become a part of the freehold upon which it is to be situated, or of any bridge, or in the filling up of any water lot, or the construction thereon of any wharf or permanent erection, or in the dredging of the channel in front of such water lot, or in digging or constructing any well or fountain, or in digging, building, or repairing any fences upon land, and the making or repairing of any walk, sidewalk or curbing, upon land, irrespective of any easement on or over said land, or doing manual labor thereon, shall have a lien thereupon, and upon the interest of the owner of such dwelling-house, building, machinery, etc., in and to the land upon which the same is situated, or of the person causing such manual labor to be done, and upon the water lots so filled or in front of which such dredging is done, not exceeding forty acres; or, if within the limits of an incorporated city or village, upon the piece or parcel of land used or designed for use in connection with such dwelling-house, building, machinery, etc., or land on which such manual labor is done, not exceeding one acre. Such lien shall be prior to any other lien which originates subsequent to the commencement of the construction, repairs, removal or work aforesaid of or upon such dwellinghouse, building, machinery, etc., and shall also attach to and be a lien upon the real property of any person on whose premises such improvements are made, such owner having knowledge thereof and consenting thereto, and may be enforced as provided by statutes.

In case any person shall order or contract for the purchase of any machinery to be placed or connected to or with any building or premises, and such person not having an interest in such building or premises in or connected with which such machinery is placed, sufficient for a lien, to secure payment for said machinery, the person furnishing such machinery shall have and retain a lien upon such machinery, and shall have the right to remove from such building or premises such machinery, in case there shall be default in the payment for such machinery when due. leaving such building or premises in as good condition as they were before such machinery was placed in or on the

same.

And whenever the doing of manual labor on land for which a lien is given by this section shall consist of the building of a continuous roadbed or structure designed or intended for use as a single thing, or as a part of a single thing, and such roadhed or structure is not limited in extent to one acre of land in an incorporated city or village, or to forty acres of land outside such city or village, but extends over and across more than forty acres of land, whether within or without or partly within and

partly without such city or village, then in every such case the limitation to an acre or forty acres, as the case may be, in this section contained, shall not apply, but the party entitled shall have a lien upon all the interests of the owner in and to the whole of said continuous roadbed and structure and the whole of the land of the owner on which the same is constructed, or which is intended to be used or is used for the purpose of such roadbed or structure, and the claimant may make and file a single petition or claim for a lien on all of the same, which petition, or a copy thereof, shall be filed in the office of the clerk of the Circuit Court of such county in which such roadbed is situate or partly situate, and such lien may be foreclosed or enforced by the party entitled thereto in the Circuit Court of any of the said counties in which the said claim or petition is so filed, and in the enforcement of such lien the said roadbed or structure, if sold, shall be sold as one continuous and single thing.

Every person who, as sub-contractor of a principal contractor, or employe of any contractor or sub-contractor, performs any work or labor for or furnishes any materials to a principal contractor or sub-contractor, in any of the cases mentioned in the preceding section, shall be entitled to a lien, if, within sixty days after performing such work or labor, or furnishing such materials, he shall give notice in writing to the owner or his agent of the property to be affected by such lien, setting forth that he has been employed by such principal contractor or sub-contractor to perform or furnish, and has performed or furnished such work, labor or material, with a statement of the labor performed or materials furnished, and the amount due therefor from such principal contractor or sub-contractor, and that he claims the lien given by law. In all cases where a lien shall be filed by any person other than the principal contractor it shall be the duty of the principal contractor to defend any action brought thereupon at his own expense, and during the pendency of such action the owner may withhold from the contractor the amount of money for which such lien shall be filed; and in case of judgment against the owner or his property upon the lien, he shall be entitled to deduct from any amount due by him to the contractor the amount of such judgment and costs, and, if he shall have settled with the contractor in full, shall be entitled to recover back from the principal contractor any amount so paid by the owner, for which the principal contractor was originally liable. And any contractor or sub-contractor who shall purchase materials on credit, and represent at the time of purchase that the same are to be used in a designated building or other improvement, and shall thereafter use or cause to be used the said material in the construction of any building or improvement other than that designated, without the written consent of the person from whom the materials were purchased, with intent to defraud such person, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by imprisonment in the county jail not more than three months, or by a fine not exceeding three hundred dollars.

Such claim for lien shall contain a statement of the contract or demand upon which it is founded, the name of the person against whom the demand is claimed, the name of the claimant or assignee, the last date of the performance of labor or furnishing of materials, a description of the property affected thereby, a statement of the amount claimed, and all other material facts in relation thereto. It shall be signed by the claimant, or his attorney, and need not be verified, and may be amended in case of action brought by order of the court as pleadings may be. Lien shall be filed in the office of the clerk of the Circuit Court of the county in which the lands affected thereby lie. Statutory procedure provides for the manner of foreclosing liens.

Miners' Liens: Any person who shall do or perform any work, labor or services, for any person or corporation engaged in or organized for the purpose of mining, smelting or manufacturing iron, copper, silver, or other ores or minerals in this State, and any bona-fide holder of any draft, timecheck or order for the payment of money due for any such labor issued or drawn by any person or corporation, shall have a lien for the wages due him, or for the amount due on such draft, time-check or order, upon all the personal property connected with such mining, smelting or manufacturing industry belonging to such person or corporation, including the ores or products of such mine or manufactory, together with the machinery and other personal property used in the operation of such industry, and all the interest of such person or corporation in any real estate belonging thereto and connected with such business, which said lien shall take precedence of all other debts, judgments or decrees, liens or mortgages, against such person or corporation, except liens accruing to this State for taxes, fines or penalties, subject to the exceptions and limitations set forth in the law. Liens may be assigned. XX.

LIMITATIONS:

On sealed instrument, when cause of action accrues within the State, twenty years; when it accrues without the State, or on equitable cause for action, or a foreign judgment, ten years; on a municipal bond or other contract even when sealed, or any unsealed contract or liability at law, or trespass, trover or replevin, six years; on action

against a sheriff or other officer for violation of duty, three years; on action for a penalty or forfeiture, or for an injury to person or character, two years; on an action for equitable relief against fraud, within six years after discovery of the facts constituting the fraud; on an action for recovery of realty, ten years after the adverse possession begins, where occupant claims under a paper title; otherwise, twenty years. Absence from State, after cause of action accrued, suspends statute.

XXI. MARRIED WOMEN:

Married women have in general the same rights as o her adults, except that they cannot become liable as sureties without an express charge of the debt on their separate estate. A deed by a married woman without her husband's signature passes her entire estate in land, free of his tenancy by curtesy.

XXII. MORTGAGES:

Mortgages are executed precisely as deeds, except that the wife need not join in a purchase money mortgage to bar dower. One year's redemption is allowed after sale, when sale is made on a mortgage with power of sale inserted. The general practice is to get judgment of foreclosure in the Circuit Court and then sell at the expiration of one year from the date of judgment.

Chattel mortgages must be filed in the town or city clerk's office, or actual possession must be taken and kept by mortgagee, to make them good against third parties; and when filed, they must be renewed by filing affidavit of amount unpaid every two years from date. If on household furniture or exempt chattels they are invalid without the wife's signature before two witnesses. If on stocks of merchandise, they become due between the parties unless the mortgagor every sixty days files a verified statement of the amount sold, payments made and new stock added; if this statement is not so filed, the mortgage becomes due between the parties and invalid as to third parties fifteen days afterward. Foreclosure sales cannot be had without mortgagor's consent, and the goods cannot be removed from the county within five days after seizure. On satisfaction of mortgage, certificate of mortgagee may be filed and original mortgage removed from files. XXIII. NOTES AND BILLS:

The common law prevails as to negotiability, protest and rights and liabilities of the various parties to them. Warehouse receipts are negotiable unless expressed not to be. Municipal bonds are not negotiable, unless expressly authorized to be. Damages on foreign bills, five per cent. One action may be brought against all parties liable on a note or bill. Negotiable paper maturing on Sunday or holiday becomes due on the next preceding secular day. Days of grace abolished.

XXIV. PARTNERSHIPS:

There is no statutory regulation of general partnerships. Limited ones may be formed, to consist of general partners and special partners. The latter contribute à stated amount of capital and are liable for no losses beyond that. Public notice must be given of the formation of the firm, its members' names, their contributions of capital, etc. The special partners must pay all their shares in cash, and must be strictly non-participating else they become liable as general partners, but they may examine into the business and advise as to its management.

XXV. REPLEVIN:

Specific personalty may be recovered by this action, on an affidavit by or for plaintiff showing his title or right of possession and defendant's wrongful detention or taking. The limit of jurisdiction in Justice Court is two hundred dollars. All cases above that must be in courts of record. Security in double its value for return of the property and payment of damages is required in the latter, but not in the former court; and the defendant can reclaim the property pending the suit by due security in his turn. In case of contest, allegations of affidavit must be proved as questions of fact.

meeting on the records thereof, they may transact any business at such meeting which could lawfully be transacted at any meeting of the members of such corporation regularly called and notified. Unless otherwise provided, election of officers shall take place annually.

VII. DISSOLUTION:

Whenever any corporation shall have remained insolvent, or shall have neglected or refused to pay and discharge its notes or other evidences of debt, or shall have suspended its ordinary and lawful business for one whole year, it shall be deemed to have surrendered the rights, privileges and franchises granted or required under any law, and shall be adjudged to be dissolved. This simply declares a cause for dissolution in a lawful way, and not the fact of dissolution for all purposes. In case of the dissolution of a corporation it may still continue as a body corporate for a period of three years for the purpose of settling its affairs.

VIII. FOREIGN CORPORATIONS:

Every foreign or domestic corporation, not duly organized under the laws of this State, formed for the purpose of transportation of either passengers or property, shall, before doing any business in this State, deposit in the office of the Secretary of State a written instrument, duly signed by the president and secretary thereof, and under their seal (if they shall have such officers and seal, otherwise by the principal officer thereof), and therein appoint an attorney to reside in this State and have an office therein, specifying his place of residence and office, upon whom and where any summons, notice, pleading, etc., may be served, and it shall therein be stipulated that any service of any such summons, notice, pleading, etc., upon such attorney, or in his absence at his said office, in any action brought against said corporation in this State upon any cause of action arising out of any business or transaction in this State, shall be accepted irrevocably as a valid servke thereon, unless another attorney shall be subsequently appointed, with like authority in his stead. Such corporation can do no business in this State until it complies with these provisions. The penalty for failure to appoint an attorney and establish an office for service of legal process is five hundred dollars for the first, and not less than one thousand dollars for any subsequent offense. Every foreign corporation engaged in manufacturing within this State shall, upon the written request of any resident creditor, within sixty days thereafter, and annually thereafter, upon a like request, file in the office of the Secretary of State a statement showing the capital stock subscribed, the amount thereof actually paid in, the full name of each of its stockholders and the amount of stock held by each; and shall at the time of so filing the first statement also file in such office a certified copy of its articles of organization. A formal request so to do may be served upon an officer of the corporation by mail, or upon any officer thereof who may be in this State, and the penalty for non-compliance therewith is forfeiture of the right to do business within the State.

I. MINING RIGHTS:

MINING.

Where there is no contract between the parties, or terms established by the landlord to the contrary, the following rules and regulations shall be applied to mining contracts and leases for the digging of ores and minerals, viz.: 1. No license or lease, verbal or written, made to a miner, shall be revocable by the maker thereof, after a valuable discovery or prospect has been struck, unless the miner shall forfeit his rights by negligence. 2. The discovery of a crevice or range containing ores or minerals shall entitle the discoverer to the ores or minerals pertaining there10, subject to the rent due his landlord, before as well as after the ores or minerals are separated from the freehold; but such miner shall not be entitled to recover any ores or minerals, or the value thereof, from the person digging on his range in good faith, and known to be mining thereon, until he shall have given notice of his claim; and he shall be entitled to the ores or minerals dug after such notice. 3. Usages and customs among miners may be proved in explanation of mining contracts, to the same extent as usage may be proved in other branches of busi

ness.

II. DRAINAGE:

Every corporation, company or person engaged in mining may, when it is necessary in order to prosecute their work in mining, upon compliance with the provisions of the statute for the determination of the damages, conduct or convey the water away from their shafts, levels or land upon, over or below the surface of the land of any adjoining owner, in pipes, ditches, races or tunnels, doing as little damage as the case will admit of. The nature of the proceedings for the determination of damages is an award by commissioners upon petition of the county judge. Either party may appeal from the award of the commissioners within twenty days after the same is filed, by filing with the clerk a written notice of appeal.

III. SMELTER RECORDS:

Every smelter and every purchaser of ores and minerals shall keep a substantially bound book, ruled into suitable columns, in which shall be entered from day to day, as ores or minerals are received, the following items: The day, month and year when received; the name of the person from whom purchased; the name of the person by whom hauled and delivered; the name of the owner of the land from which the ores or minerals were obtained, or, if not known, the name of the diggings or some distinct description of the land. Said book shall be kept at the furnace, or at the usual place of business of such smelter or purchaser, or his agent, in this State, and shall be open to all persons at reasonable times for inspection and taking extracts.

II. Assignments.
III. Attachments.
IV. Claims against Es-
tates.

V. Courts.
Va. Fees.
VI. Deeds.
VII. Depositions.
VIII. Descent.

IX. Eminent Domain.
X. Executions.
XI. Exemptions.
XII. Interest and Usury.
XIII. Judgments.
XIV. Liens.

XV. Limitations.
XVI. Married Women.
XVII. Miners' Liens.
XVIII. Mortgages.
XIX. Notes and Bills.
XX. Suits.
XXI. Taxes.
XXII. Wages.
XXIII. Wills.

CORPORATIONS:

I. Organization.
II. Powers.
III. Trustees.

I. ALIENS:

IV. By-laws.

V. Capital Stock. VI. Liability of Stockholders.

VII. Acceptance of Constitution.

COMMERCIAL LAW.

The Constitution of the State provides that no distinction shall ever be made by law between resident aliens and citizens as to the possession, taxation, enjoyment and descent of property.

II. ASSIGNMENTS:

Any debtor in embarrassed or failing circumstances may make a general assignment of all his property in trust for the benefit of his creditors, and all assignments, except as provided for in the act, will be deemed fraudulent and void.

Assignment is by deed, and it must designate all of the real and personal property conveyed. The proceedings are controlled by the District Court. Any creditor accepting dividend thereby releases the assignor from further liability. No preferences can be made except in favor of wages due from the assignor and earned within three months immediately preceding the date of assignment. III. ATTACHMENTS:

Plaintiff in a civil action for the recovery of a money judgment may have an attachment against the property of the debtor in the following cases, wherein the debtor:

1. Is a foreign corporation, or non-resident of Wyoming, or is about to become a non-resident thereof. 2. Has absconded with intent to defraud his creditors. 3. Has left the county of his residence to avoid the service of summons. 4. So conceals himself that service of summons cannot be had upon him. 5. Is about to remove his property, or a part thereof, out of the jurisdiction of the court, with intent to defraud his creditors. 6. Is about to convert his property, or a part thereof, into money, for the purpose of placing it beyond the reach of his creditors. 7. Has property or rights of action which he conceals. 8. Has assigned, removed or disposed of his property, or a part thereof, with intent to defraud his creditors. 9. Fraudulently or criminally contracted the debt for which suit is brought.

In all cases, except against foreign corporations, plaintiff must file an undertaking, in a sum not less than double the amount of the claim, conditioned that the plaintiff will answer all damages which the defendant may sustain by reason of the attachment, if the order prove to have been wrongfully obtained. IV.

CLAIMS AGAINST ESTATES:

All claims arising upon contract must be presented to the executor or administrator within six months after the date of the letters, or they may be precluded from any benefit from such estate, and if such claims be not exhibited within one year from the date of said letters, they are forever debarred; provided, however, that when it is made to appear by affidavit of the claimant to the satisfaction of the court, or the judge thereof, that the claimant had no notic f the issuance of the letters, by reason of being out of the State, it may be presented at any time before decree of distribution is entered. The claim must be supported by an affidavit showing that the account is justly due, that no payments have been made thereon which are not credited, and that there are no offsets to the same, to the knowledge of the affiant. V. COURTS:

The Supreme Court holds two regular terms annually at the capital of the State. Its business is principally of an appellate character.

District Court is held twice a year in each organize county, except Albany county, where it is held three times a year. Said court has full common law and chancery powers. It also has exclusive jurisdiction in all probate matters, and the administration, settlement, and distribution of the estate of deceased persons.

Justices of the peace have jurisdiction in civil actions where the amount in controversy, exclusive of costs, does not exceed two hundred dollars.

Commission on money collected on execution or other final process, where the same is collected without sale of property, first five hundred dollars, two per cent, for the second five hundred dollars, one per cent; for all over one thousand dollars, one-half of one per cent.

Where collection is made upon a sale of the property: First five hundred dollars, four per cent; second five hundred dollars, two per cent; all over one thousand dollars, one per cent. Mileage

Other fees for different services; fees largely contingent.

Transcription; per folio, 10 to

Witness: District Courts, per day.
Justice Courts, per day...
Mileage

VI. DEEDS:

.15

.15

2.00

1.50 .10

If executed within the State, must be so in the presence of one witness, who shall subscribe his name thereto as such. Want of record does not affect validity of deeds, except as against subsequent purchasers and incumbrancers. They should be acknowledged. Acknowledgments must be made before a judge cr clerk of a court of record, or before a county clerk, notary public, justice of the peace, or United States court commissioner within this State. If made out of the State, before any officer authorized by the state or territory in which it is made to take acknowledgments, before the clerk of any court of record, or before any commissioner appointed by the Governor of this State for such purpose, provided that if such acknowledgment is not made before an officer having a seal, it must have attached thereto a certificate of the clerk of a court of record, or a county clerk of the same place, having a seal, certifying that the officer taking the acknowledgment is authorized to take the same, and that said clerk believes the signature appended to the acknowledgment is genuine. Every notary public, justice of the peace, and commissioner of deeds for Wyoming who takes an acknowledgment to any written instrument to be recorded in any public office in Wyoming, shall add to the certificate the date when his commission or term of office expires.

May be taken in this State before a judge or clerk of the Supreme Court, or judge or clerk of the District Court; a justice of the peace, notary public, or mayor or magistrate of a municipal corporation; or any other person authorized by law to administer oaths, or empowered by a special commission.

May be taken out of the State before a judge, justice or chancellor of any court of record, justice of the peace, notary public, mayor or chief magistrate of any municipal corporation, a commissioner appointed by the Governor of this State to take depositions, or any other person authorized by law to administer oaths, or any person authorized by a special commission from this State. Provided, that whenever a deposition is taken before an offcer not having a seal, the jurat of such officer shall be accompanied by a certificate of the clerk of the county in which such deposition is taken, setting forth that the officer taking such deposition is in fact such officer, and that his signature to such deposition is genuine.

VIII. DESCENT:

The real and personal estate of an intestate descends and is distributed in parcenary to his kindred, male and female, subject to the payment of his debts, as follows: If such intestate leave a husband or wife, and children. or the descendants of any children, one-half of such estate descends to such husband or wife, and the residue thereof to such surviving children and descendants of children. But if the intestate leave an estate exceeding ten thousand dollars in value, and leave a husband or wife, but no child, or descendants of children, three-fourths of such estate shall descend to the surviving husband or wife, and one-fourth to the father or mother of the intestate, or the survivor of them; but if the estate does not exceed in value the sum of ten thousand dollars, and the intestate leave no child, nor the descendants of any child, the whole of such estate shall descend to the surviving husband or wife.

In other cases the estate will descend as follows: To the children surviving, and the descendants of children who are dead (the descendants collectively taking the share which their parent would have taken if living); if there be no children nor their descendants, then to the father, mother, brothers and sisters, and to the descend ants of brothers and sisters who are dead (the descendants collectively taking the share their parent would have taken if living), in equal parts; if there be no father mother, brothers or sisters, nor descendants of deceased brothers or sisters, nor husband nor wife living, then the grandfather, grandmother, uncle, aunts and their de scendants (the descendants taking as before), in equa parts.

IX. EMINENT DOMAIN:

Provision is made in the law for condemnation proceed ings for the purpose of laying out public roads, railroads