The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.
DIGEST OF BANKING AND
COMMERCIAL LAWS
Compiled Expressly for
THIS EDITION OF
RAND-MCNALLY BANKERS DIRECTORY
AND
BANKERS' REGISTER
BLUE BOOK
BY
Those Prominent Lawyers Whose Names Appear at the
· Head of the Laws of Each State
The Following States Have Put in Operation
THE NEGOTIABLE INSTRUMENTS LAW
State
State
In Effect
Alabama ................ .. .......... Jan.
Arizona ............................. Sep.
Arkansas ........................... Apr.
California. . . . . . . . . . . . . . . . . . . . . . . . . . .
Colorado ............................ July
Connecticut ......................... Apr.
Delaware ........................... Jan.
Dist. of Columbia .................... Apr.
Florida ............................. Aug.
Hawaii ............. ...... .......... Apr.
Idaho .............................. Mar.
Illinois . ............................ July
Indiana ............................. Apr.
Iowa ............................... July
Kansas ....................... ...... June
Kentucky ........................... June
Louisiana ........................... Aug.
Maryland ........................... June
Massachusetts ....................... Jan.
Michigan ........................... Sep.
Minnesota .......................... Apr.
Mississippi .......................... July
Missouri ............................ June
Montana ....................... : ... Mar.
1, 1908
1, 1901
22, 1913
1917
19, 1897
5, 1897
1. 1912
3, 1899
3, 1897
20, 1907
10, 1903
1, 1907
I. 1913
4. 1902
8, 1905
13, 1904
1, 1904
I, 1898
1, 1899
16, 1905
24, 1913
7. 1916
16, 1905
7, 1903
In Effect
Nebraska ........................... Aug.
Nevada ............................. May
New Hampshire ..................... Jan.
New Jersey ......................... July
New Mexico ........................ Mar.
New York .......................... Oct.
North Carolina ...................... Mar.
North Dakota ....................... July
Ohio ............................... Jan.
Okla 1oma ........................... July
Oregon .......... ............... .... May
Pennsylvania ........................ Sep.
Philippines .......................... May
Rhode Island ........................ July
South Carolina ...................... Mar.
South Dakota ... , .................... July
Tennessee ........................... May
Utah ............................... July
Vermont ............................ Feb.
Virginia ................... . ........ July
Washington ......................... June
W.Virginia ......................... Jan.
Wisconsin ........................... May
Wyoming ........................... Feb.
·
1. 1905
1,
1,
4.
2 I,
I,
8,
I,
I,
20,
I 9,
2,
31,
I•
25,
I,
16,
I.
13,
I,
7,
I,
15,
15,
1907
1910
1902
I 907
1897
1899
1899
1903
1909
1899
1901
1911
1899
1914
1913
1899
1899
1913
1898
1899
1908
1899
1905
For Tabulated Information concerning Interest Rates, Days of Grace and Statutes of Limitation
see Page 7
1821
116
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
Dates of Regular Meetings
of Legislatures
Alabama _______________ January, 1915. and every four years.
Alaska _________________ A Territory.
Arizona ________________ Ja·nuary ________________ Every odd year.
Arkansas _______________ January ________________ Every odd year.
California ----~---------January ________________ Every odd year.
Colorad·o _______________ January ________________ Every odd year.
Connecticut ____________ January ____ _: ___________ Every odd year.
Delaware _______________ January ________________ Every odd year.
District of Columbia _____ Under U.S. Government.
Florida _________________ April ___________________ Every odd year.
Georgia ---------·-------June ___________________ Every year.
Hawaii _________________ February _______________ Every odd year.
Idaho __________________ January ________________ Every odd year.
Illinois _________________ January ________________ Every odd year.
Indiana ________________ January ________________ Every odd year.
Iowa ___________________ January ________________ Every odd year.
Kansas _________________ January ________________ Every odd year.
Kentucky _______________ January ________________ Every even year.
Louisiana ______________ May ____________________ Every even year.
Maine __________________ January ________________ Every odd year.
Maryland ______________ January ________________ Every even year.
Massachusetts __________ January ________________ Every year.
Michigan _______________ January ________________ Every odd year.
Minnesota ______________ January ________________ Every odd year.
Mississippi- _____________ January ________________ Every even year.
Missouri_ _______________ January ________________ Every odd year.
Montana _______________ January ________________ Every odd year.
Nebraska _______________ January ________________ Every odd year.
Nevada ________________ January ________________ Every odd year.
New Hampshire ________ January ________________ Every odd year.
New Jersey _____________ January ________________ Every year.
New Mexico ____________ January ________________ Every odd year.
New York_ _____________ January ________________ Every year.
North Carolina __________ January ________________ Every odd year.
North Dakota ___________ January ________________ Every odd year.
Ohio ___________________ January ________________ Every odd year.
Oklahoma ______________ January ________________ Every odd year.
Oregon __________________ January ________________ Every odd year.
Pennsylvania ___________ January ________________ Every odd year.
Rhode Island ___________ January ________________ Every year.
South Carolina __________ January ________________ Every year.
South Dakota ___________ January ________________ Every odd year.
Tennessee ______________ January ________________ Every odd year.
Texas __________________ January ________________ Every odd year.
Utah ___________________ January _________________ Every odd year.
Vermont _______________ January ________________ Every odd year.
Virginia ________________ January ________________ Every even year.
Washington ____________ January ________________ Every odd year.
West Virginia __________ January ________________ Every odd year.
Wisconsin _____________ January ________________ Every odd year.
Wyoming ______________ January ________________ Every odd year.
1822
I
J>
(!
()
s
C
n
e
DIGEST OF BANKING AND COMMERCIAL LAWS
COMPILED EXPRESSLY FOR EACH EDITION OF THE RAND-McNALL Y BANKERS' DIRECTORY
AND BANKERS REGISTER
by prominent Attorneys in each tate of the United States and each province of Canada, the name
of the compiler appearing at the head of each State. The Laws are entered alphabetically
according to States. Provinces of Canada are listed last.
IMPORTANT:
The states in which the Uniform Negotiable Instruments Law is in effect are listed on the
index to La"·s. For Tabulated Information, for quick reference in regard to Interest Rates, Days of
Grace, and StatuLes of Limit· tions, see page 7.
-
SYNOPSIS OF
fi!~-i fJiftI~~ ~~~h
THE LAWS OF ALABAMA
RELATING TO
BANKING AND COMMERCIAL USAGES.
l'repared and Hevhed bv RITTER & "\YY _·, .\Uorncys at Law,
Birming}iam. • (See Card in Attoruey:s' Lbt )
t Ac·kno" led i:nwn t-.; or proof of real estate instn1ments may be
.a1,en before one of the following ofilcer ·. 1st. '"itl>in thh 1->tate.
~id:z:es of the supreme and circuit courts and the dorks of such C'ourts,
j ~J?.cellors, registers in chancery. judges of the C(~urt. of prolJa~e.
t\L-;t1ces of the peac·e. and notaries public. The 01lic1al should col'tify
1at the verson :igning the conveyance is kuo" n to him and acknowl6 g7s that "being
6'
informed. of the contents of the conveyance h.~
xecuted tho same volunlantv on the day t,he same bears date.
a2 d. Outside of St.ate-.Judgos· and clerics of lLDY fec1eral cot_1rt, .iltdges
ll:C1.~Jerks of any court of rcconl in any st,atc. notanes public, or ~OJ!lg}1ss1011ers appoint eel b~ the governor of this State: beyond the l11111ts
ch_the United , tates, ])y 1 he judges of any c 1mrt of reco1·<l, mayor _or
16~ magi ·tratc of any city, town or borot, •h, or county, notanes
)hc, <?r by au~ diplomatic, consular, or con~mercial agei:it _of the
olited States. l< oro1gn oflrcers must attach ofllcial seal. I< 01 ("orms
deeds see " 'onveyances."
a Actions. All m·clinar}' suits at law are commencm~ by sutng out,
casurnm_ons which rnusL t>e aecompanied hy a complamt stat mg t_he
fo Use of action.
• ·on-resident plaintiffs are required to gi,e security
b r costs. "'hen two or more per,'ons are jointly bound_b? judgment,
onct, or agreement, the ol>ligaLion is several as well as Jolllt,
p A._ctions on Account. Suits upon.open accounts may h_o accomll~nied _by itemized. ycrifled st-at.en:ient of the acc<>U1_1t. ,~·hid\ \\he_n
to d. with the summons and complamt may l~o acln~1s,,1hle III e, 1dencc
cl ltove the account, w1lcss it.s co"rectness 1s demecl under oat,h by
~lldant within t,he time allowed for pleaclin~. Suell. statements
orUst he sworn to by a person having knowledge. of the correct-ne~s
aft~he account and must show that tile amount 1s clue and unpaid
er allowing all offsets and counter claim·.
befcceptancc. U11condit.io11al promise in "riti11g- to !1ccept a '?ill
th ore or after drawu is good in favor of all \ho take 1t upon faith
tr ereof for ,·aluo. 'rhe holdc1· may decline a qualified aec;eptan"e and
a;Jt the hill as dishonored; if bo take· qualified a ·cptaneo dra,\·er
endor ·er.· are discharged.
111 A Check is a bill of e. change on a hank pay; ! . ' . on. clomancl;
n~[·i ~ he Presented within l'l'a.sonab!o ti~nc aft<.>r Ls ue and ,r_ d1shon9red._
c·at ~e mttst: bEl gi\·on or ctra,,Pr 1s d1,.,char~ecl to the e. tent, ot_ loss
in 1~"eci by dela)·: docs not operate to~ si!!"n any part o~ dr;rn er .s tumls
has ahk, and ba11k is not- liat)lc unless it acceph or ccrt_1fle:s. It ho~<Jer
lllak~ ect· certiliPtl the clrnw(•r and endor.-ers ure d1s<'harged. 1 he
Upo ing, _uttering, clra\\ ing, or cleliYecy of a chc<'k, ~!raft, 01 · t'.rder
laet Which paynwnt, i · refusod upnn clue presentat1<;>r:i beeattsP. of
fra of funds shall ho deemed prirna fade e\"iclc1wc ol mt"nt to deaucl party may he convicted of a misdemeanor.
. .
l!J!i se _PFese11t, negotiable instrument law of ,\lal>ama, _<'(Jll, 1st.mg of
app •.ect101_1s wont into for•c·<> .Ausu"t u, 190,. Its pron.·1011s do ..110 ~
1
<'han~, ~o 111st rumcuts made prior thereto. The aet. so matcn<1\l)
1iicarn'(~ t_ho l;n, in this :-itate a" to su~g-c:.;t the propnety of special
11 at1on 111 an:r doubtful case.
liei~{!!•~in_i trntion or estates is ha<l in the proba ~ court· of dece~
aft · 1 es1dPm·c-. All daims nmst he pre. eut-:>d \\ithm t\\el\o months
lett th e san1u ha vc accrut'd or II ithin tweh c month. after th<: grant of
Pe/rs testa111e11t-1ry or of administ-ration or el:.e ba rt:d. Intants aurl
<lisa?~~ ~Ji' Unsou;1Ci mind ha\'l' ();IC year 't-o prr ·e11L tlH'.i_r claims afr_e~
'ro 11!ties are rerno,ed. Admi1fr,tration of in\e,,tat(! is m ant_cc~ .. ~s_t.
thect~e ~tt·hand or widow: 2<.l· Tho next of kw ~nt1tled to_i-ha1c m
residfs~•1b1;1tion or tho estate: 3d: The largest creditor of the t_nte;;:tate;
Proti~11 ; 1Hthin this ~tate: Jtlt; such other per;--0n as the J(HL;~ o~
eJtp· t1: tnav ,qipoint
There i·an be 1w appu1111111ent tmtil after
exo:~<:1~!011 <_>f !lflecn days front date of de1~th. Prefe_renc_e mus_t he
to act~S~d _Wllhm forty days or rights rehnqmshl'II. If sever al ent1tlcd_
btooc1_1111 ll;<ster, ll!llll are preferr •d to wom~n. a1.~d ,, hole l~lood !·O ha~~
State ~ on-resident executor:-. and adnumstr ,1tor~ ma) sue rn_
bonc1 by recorclinµ; in probate judge's ollirc c J>Y of lctt:er. anti g-1; mg
apPoiuto faithfully administer proper!)·. A non-re;'-1<1en,t_ rn,!;i. be
ted administrator or e.·ecutor of a deceased re:1dent s estate.
Cle~fllda it. may be taken within the State heforl' ernry ),ttcl~e or
Other of any court- justkes of the peace, and notaries pul>hc__or any
State Per. on invested by law '\ ith judicial function·. (.)nt~1dc the
clerk anu \\ithin the ni"ted 'tatc~ may be t-ak~n ll_efore. any J1;1dge or
notar· or federal court judge of anY court of record m an.} st.ate,
Cign
J>ttblic and co;nmissioner: appointed by the go, Cl'llOl'. For.-\U Cer takiuµ; affidavit must attach seal.
resideens. . •· l•'oreigners who arc, or may here,~fuir become, bona fide
Po!lse. n~. ot th_is State, shall enjoy the .-ame nght ~n, resvcc_t t~ the
~ltize:1~?• e11Joyment,, and inheritance of propert) a nat-n e born
s. --Sec. 34, C'onst.
tU 1
d:
'l~~
d
!Jll-
~'ri
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
.
_Alterations. ,vhcn a negotiable insLrument is materially alterul
without the a~sent of all tbe parties liahle thereon. it is voided
except as agamst, a p~rty who has himself made, authorized, or
assented to the alteration _and subsequent endorsers. But when an
inst1·1m1ent has beeu matenaU~· altcrPd and is in the hand: of a holder
in due cour. e, ?Ot a 1~arty ~o. the alteration, he may enforce pay1nent
the1·oof ac<·ordrn_; to its or1g111al tenor .. l\laterial alterations consist
of any changes 111 date; sum payable. 111torest on principal; time or
1fti'.~>~~ ~~~tle~lation of parties; medium or currency
1
1
Arbitration. C'otu·ts arc compelled by statut,e. to m,\I·c an order
submit~ing ca.~es for arbitration wht•n mc,ved for l>y the parties, a11d
to eontmuc this cause for one term for an a"ard, but not louger wit,hout consent of part.ios, or good causo hfling shown therefor. The
award of the arbiLL'lttors may bP ontorecl up and enforced as the judgment of tho proper court, .whether made in a pending suit or not..
Arrest. Thero can he no arrest on civil process, except for eontempt and in cases of alleged lunacy.
As!'lignments and Insolvency. Every general assignment made
by a debtor, or conveyance by a. debtor of subst antiallv all of his
property in pay!Ilent of a prior debt, by which a perference or priority
of payment 1s given to one or more 1:reditors, shall enure to the benefit
of all tho creditors equally,_ but this section shall not apply to 11101·t~
gages, pll'd"es. or pa" ns gn-en to secure a debt contracted contempora11oou.·ly with _tho_ execution <;>f the mort.i;age. All assignment hy
a debtor made with wtent to !under, delay, or defraud creditors are
,oict. All deeds of assignment for the benefit, of creditors shall, as
soon as executed, be flied and rec01·ded in the office of t,he judge or
probate of the county in which the property is situat d. gvery
jud~•!lent <;on.fessed, attacl11~10ut procured by the debt-or, or other disposition of property by which a debtor co11veys all, or substantially
all, of his propert,y which is subject to execution in payment ot· as
security for a debt shall be deemed a general assignmc11t.
Attacluncnt process will issue upon affidavit by the creditor or his
a•reut. or the amount- due and that, t,he debtor :• n md or reside
ou[; of the State, or secretes himself so that J)l'OCL
' nnot he ·ervcd
upon him., or i~ about, l-o remove out of t,he State, ur 11as or I.· ahout to
fraudulently di ·pose of his property, or fraudulently withhold· mon y
chattels. or clreets "hich are liable to the satisfaction of bis debts~
plaintiff must give l>ond in douhl' the amount claimed. Attachment.'
will issuo for the _following demands: l. To enforce the 1•.ollec:tiou of
a. debt, whether 1t !Jo due or not, at the t.imo the atta,hmcnt i takw1
out. 2. For any moneyed demand, the amount of whit>h can be
certainly ascertained. 3. To rerovcr damages for a hreach of cont-rur•t, \\:hen tho cl._imagcs are not cc1:tain or liquidated. -1. "·hen
the act10n :Sounds 111 d_arnagcs merely m falling cases, viz.: 1. \Vhere
defendant, 1s a non-resident.. 2. When the defendant, ha-. absconcled.
8. Whon defendant has secreted himself. 4. When defendant, is
about to remove from the Rtate. 5. When defendant is about to
remove his property from State. u. When dofenclaut, is about, to or
has fraudulent,Jy di~posed of his propert,y or fraudulent.Iy wit,hholds
san1e. _One 111>n-res1d_ent, may sue out an attachment a"ainst auother
11011-1·c•s1deu~ i:?Y makmg oath that tho defendant has not sutnciont
property w1tl11n the Ht.ate of bis rcsident,e wberefrom to sati;;fy the
debt . . Attachmc11ts may be sued out in aid of a pencling .·uit when
any oi the ahoYo grounds exist bv making affldaYit, and e ·el'utin"
bond. (.;arnishment proces · "ill issue in aid or at tachmcnt in afl
such l'ases. Uarni ltment rua:r l>e dissolver! hy giving hond. In all
ca..,cs of at l!1chme11~s suef! out _hy a resident solely upon the !!:round
that t_h\! dt'fenclant 1s !¾- no11-res1dent, the attachment, ma~' i sue ,\;thout g1nng bond, hut 1f dufendant appears and plead , bond must be
gi\ en or the atta<:lunent dismi. sed.
Banks. The uational hank . yster11 is in force in this , tat ll!H'Oll~
trolled in any way l>Y Sta,tc laws, except, that the sl1ares are suhjeet
to taxation as ot-hcr personal property, tut t.he bank ls required to pay
the let,'.
'l'hct·e is no pl'Ovision of law for the establishment of hanks of issue
in this Htat.e. Banl,s of discount and cteposit may he e. tahli,,hed
under l,hc general incorporation laws. Open depositors and :.;a\'in •s
depositors 011 equal footing in rase of insoh·ency.
,\ uy b;i nkcr ,,·ho discounts a bill or note at a greater rate thau 8
per cent c·:11111ot pnforee the collee1ion of same ci.ccpt. as t.o 1he principal, and it" any interest has been paiu it must be ueclucted from the
prim;ipal.
c·onatcral ·. HPc 1pt mu;;t he ~iven for if derna11ded. Pledg or
collatorab not t1·a11sferahle wit.bout, tran.·for of the debt: af1er t"o
days' noli"C in "l'iting collaterals may be old, by advertising for five
(lays, at, public outcry.
('ondit ional Sah.•s arc i-(ood between the partiPs, hut void whero
personal pro port y dcliYered to ,e11tlco as against purchasers for a
valual>lc consideration, mortgages and judgments creditor, without
notice, unless in writing and recorded in the of!ice of the probate
judge.
·
<iondit ional contracts of sales must be recol'ded in office of the
Judge of l'rolJat,e or the couuty in which the property is located,
to l>e valid against subsequent purchasers, jud•rment creditors, or
mortgagees without notice, except in <'ounties having a population
of more than 80,000 when cont-ract is f0t• a less amount than $200.00.
Con\.·e:rances. All persons of 1he age of twenty-one year·, 11ot
laborin" under .·ome legal disability, may convey their real estate or
any interest therein by instrument in writing signed by the grantor
or his agent duly authorizer! in writing, and attested by one witne.·.·, or
if tho grant.or cannot ,\rite, by two witnesses who are able to write
and who sign their names as witne,·ses. If the grantor is not ahlo
sign his name it must be written for him, and the words "his mark"
written over or against it-. The p~rson writing hi · name must sign
as a witness. . A parol lease for less than one year is valid. A married
woman over eighteen years of age may convey dower in her husband's
lands, and has generally the same rights as married women over twent v0f!e ?ears of age. The husband must join in any conveyance of ti1e
wifes separate estate. Conveyances, to operate as notice, must be
1823
w
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
1&24
BANKING AND COMMERCIAL LAWS-ALABAMA
acknowledged and recorded. General acknowledgment must be
signed to make instrument self-proving. Married women must
acknowledge twice in the event tbe homestead is conveyed. Form
of !feneral acknowledgment is as follows:
'I he State of Alabama, ......•...•. County.
I, ........................................ , a (style of officer),
hereby certify that .......................... whose name is signed
to the foregoing conveyance and who ls known to me, acknowledged
before me on this day, that, being informed of the contents of the
eonveyance, he executed the same voluntarily on the day the same
bears date. Given under my hand and seal, this .......... day of
.......... A.D.
•.•.•.................
(Seal)
No time is required within which conveyances shall be recorded.
They operate as notice from date of delivery to probate judge for
record. (See Acknowledgments.) They may be used as evidence
without further proof of execution. Leasehold estates may be
created to last not exceeding twenty years, but if longer void as to
excess. A married woman must make the following acknowledgment
to a conveyance of a homestead:
State of .......... , County of. . . . . . . . .
I, ............ judge of ........ (or other officer) do hereby certify
that, on the .......... day of ............• 19 ....• came before me
the within named .•.................. , known to me (or ma.de
known to me) to be the wife of the within named ................ ,
who, being examined separate and part from her husband touching
her signature to the within ......... .• acknowledged that she signed
the same of her own free will and accord, and without fear, constraint,
or threats on the part of her husband.
In witness whereof, I hereto set my hand this .•.......... day of
1
·otary.Pubiic·.
.•........• 19 .•..
· · · · · · · · · · · · ·coffl.c1a1 cii"a~ii.cit;r.> · · · ·
?~.r~~~~~i·o-~ ~ .~~~-e- ~~~~~fn~~~~e-~~~~~: ............... .
whose name as .••............... , of the said corporation, is signed
to the foregoing conveyance, and who is known to me, acknowledged
before me on this day that, being informed of the contents of the
conveyance, he, as such officer, and with full authority, executed the
same voluntarily for and as the act of said corporation.
Corporations. Every company, corporation, or association, not
organized under the laws of Alabama, engaged in any other business
than insurance, shall, before engaging in any business in this State,
file in the office of the secretary of state, at the capitol in Montgomery,
an instrument in writing under the seal of such company, corporation,
or association, and signed officially by the president and secretary
thereof, designating at least one known place of business in this State,
and an authorized agent residing thereat. If such corporation is
engaged in any business of insurance, the statement must be filed in the
office of the insurance commissioner. If the agent is changed, a new
paper must be filed. Held not to apply to corporations selling goods
by travelling agent or sample. Foreign corporations transacting business in this State without complying with above provisions for each
offense forfeit to the State Sl,000, and any person acting as agent for
foreign corporation that has not so complied, forfeits for each offense
$500. All forei~n corporations doing l.msiness in this tate are
required to pa: iicense fees ranging from 25 upward, according to
capital. Foreign corporations can do no business until fees are paid
and all contracts before then are void. Every foreign corporation
required to procure from secretary of state a permit to do business
in the State, This permit costs Sl0 per annum.
Courts. Terms and jurisdiction. The supreme court, except to
issue writs of injunction, habeas corpus, quo warranto, and other
remedial and original writs necessary to its supervision of Inferior
courts, and impeachment of judicial officers, has only appellate jurisdiction and cases are tried on the record sent up. Court of appeals
has final appellate jurisdiction in the following ca: es: 1. Wben
the amount involved exclusive of interest and costs does not exceed
the sum of $1,000. 2. Of all misdemeanors, including the violation
of town and city ordinances, bastardy, habeas corpus, and all felonies,
where the punishment has been fixed at twenty years or under.
Circuit courts have unlimited common law jurisdiction when the
matter or sum in controversy exceeds $50, and exclusive jurisdiction
of libel, slander, assault and battery, and ejectment. The courts of
chancery have exclusively equity jurisdiction. Regular terms of
both twice a year in nearly every county. Chancery courts have
full equity powers. Justices of the peace have jurisdiction of all
civil causes where the amount in controversy does not exceed $100 in
value, except in cases of libel, slander, assault and battery, and
·ames of all parties, plaintiff and individual names of
ejectment.
co-partners, must be set out in writs. Partnership may be sued in
courts of law, in firm name, without setting forth name· of co-partners, but judgment in such suits bind only partnership's property,
not that of individual partners. Tbe writ may be served upon any
one of the partners; the judgment reaches the partnership property
alone. Any one partner, or his personal representative, may be
on-residents must give
sued alone on a partnership obligation.
security for costs when suit JS commenced or within such time thereafter as the court may direct, Money may be depo ·ited with the
clerk instead of sureties.
Days of Grace are abolished. (See Negotiable Instruments.)
Depositions. In cases at law, depositions may be taken of witnesses who cannot be present at the trial in the following cases:
Whe.r. the witness is a female; when the witness is too sick to attend
court; when the witne · .resides more than 100 mile· from the place of
trial, or is absent from the tate; when the witness is about to leave
the State, and not return in time for the trial; when the wit.ne ··is the
sole witness of the facts; when the witness i'> one of the ofllcers designated in Code No. 4030. Afildavit must be made of one of the above
facts, and of the materiality of the witness. l\lay be taken on interrogatories by a commissioner appointed by the court for that purpo ·e.
The commissioner may be any suitable person, need not be an officer.
In equity suits, where witne ·ses live within 100 miles of the place of
trial, depositions may be taken by oral examination before the register, or a. special examiner, or commissioner appointed for the purpose.
Descent and Distribution. The real e tate of per-ons dying
mtestate, in this State, des<·ends. subject to the payment of debts ar,d
the widow's dower as follows: .B'irst to the children of the intestate
or their descendants per ·tirpes in equal parts. .1. Text, to the parents,
0
~n!~:r1/~~~t :ar:2t~cf~~~:hafl t~11r'ie ~r~t~!~~n:ndu~~!!~:·o;~Ti~
deceased or their de cendants, and if there be no brothers and sisters
and their descendants, then the whole estate shall go to the surviving
parent. If there are no children or their descendants, and no father
or mother, then to the brothers and sister of the in~ tate, or their
descendants, in equal patrs. If there are none of the above to take,
then the whole to the husband or wife of the intestate, and if there be
no husband or wife or none of the foregoing living, then to the next
of kin in equal degree in equal parts. If there are no next of kin
it escheats to the State. The per ·onal estate is distributed the same
as the real estate, except that if there are no children the widow is
entitled to all of the personal estate. If but one child she take onehalt. If not more than four children to a child's part and if more
than four to one-fifth. Posthumous children take as others. Illegitimate children inherit from their mother. The husband upon the
death of the wife is entitled to half of her personal estate absolutely,
and to the use of all of her real estate for life, unle. he has been divested
of all control over her estate by a degree of the chancery court.
Damages recovered by personal representative for death of deceased
are distributed according to statute of distribution and are exempt
from payment of debts.
Dower. Unless the wife has relinquished her right of dower in the
manner provided by statute she is, upon the death of the husband,
entitled to dower in all lands of which the husband was seized in fee
during the marriage, or of which another was seized to his use or to
which he had a perfect equity, having paid all the purchase money
therefor. The dower interest. is one-half whell'IUle husband leaves no
lineal descendants, and one-third when the estate is in olvent or the
husband leaves children or their descendants. If the wife has at the
death of the husband a separate estate equal in value to her dower
interest, she shall not have dower, and if of less value is only entitled
to such amounts as with her estate will make the full value of the dower.
1
1
wh,~:~~~ ~:l!ind!:;rtea:;!. 1!~~fet1~1etg~ a J!rt'e~neq~t~. ftt~1i~ar3
the purchase money, or in which he has vested interest, in possession.
reversion, or remainder, whether he has the entire estate, or is entitled
to it in common with others. 2d: On personal property of the defendant (except things in action), whether he has the absolute title thereto, or the right only to the possession thereof for his own life, the life
of another, or a less period. 3d: On an equity of redemption in either
land or personal property, when any interest less than the absolute
title is sold. The purchaser is subrogated to all the rights of the
defendant, and subject to all his disabilities. Writ of fleri facias is a
lien only within the county in which it is received by the officer, on
lands and personalty of defendant subject to leyy and sale, from the
time only that the writ is received by sucb officer and continues as
lon9 as writ is regularly delivered to the sheriff without the lapse of an
entire term. A statement of a judgment certified by the clerk of the
court may be filed in the office of the judge of probate, which makes
the judgment a lien within the county in which it is filed for ten years
thereafter. Execution may be issued on such judgment at any time.
di:~~;
:::i,u~~~J~:ige%:~1~~f:d~f~~~nfh~~~= gfig:1:v~: t1X'n
must be obtained from tbe circuit court for the sale of lands levied on
•o stay of execution in circuit
under execution from a justice's court.
court except by appeal, and supersedeas bond which delays collection
until afflrmance by supreme court, and entails 10 per cent damages,
with legal interest and costs. In justice's court stay is granted on
good security, below 20, thirty days over 20, sixty days.
Exemptions. Homestead not exceeding 160 acres or $2,000 in
value.
Personal property to the amount of 1,000. Exemptions of personal
property may be waived by instrument in writing except as to certain
household furniture and provisions and wages to amount of 25.00
per month.
Fraud. Obtaining money or goods on credit under false color or
pretense of carrying on business, or under false representation of
pecuniary condition, with intent to defraud, or bringing into the State
money or goods so obtained, punished as larceny,
Statute of Frauds. In the following cases, every agreement, or
note or memo thereof, expressing the consideration, is in writing and
signed by the party to be charged: 1st. Every agreement which bY
its terms is not to be performed within one year from the making
thereof. 2d. Every special promise by an executor or administrator
to answer damages out of his own estate. 3d. Every special promise
to answer for the debt. default, or miscarriage of another. 4th. EverY!
agreemen:;, promise, or undertaking, made upon consideration o
marriage, except mutual promise· to marry. 5th. Every contract
for the sale of land·, tenements, or hereditaments. or of any interest
therein, except leases for a term of not longer than one year, unless
id and the purchaser
the purchase money, or a portion thereof, be
be put In po ·e - ion by the seller.
Garnishment may issue in any case after suit commenced upon
affidavit of necessity and bond as in attachment cases, or after judg•
ment, without bond.
Holiday . The following are the legal holidays: Sunday, Chris~
mas Day, First day of January, 19th day of January, 22nd day o
February, Mardi Gras Day, 13th day of April, 2uth day of April, Tues;
day before .A:h ·wednesday, 3rd day of Jlme, 4th day of July, til'S
:.\.1onday in Sep~ember. 12th day of October, 2nd Tuesday in Octobeft
1
~ii~1:lasd'fii ',:a~~dth~fl~: d~~';f1}~J~~l~~ theT~tlt1~~~;igfJ .ui·
uary, or the :t2nd day of February, or the 13th day of \.pril, or th:
26th day of April, or the 3rd day of June, or the 4th day of July fa1
on Sunday, the ~Ionday following is the holiday. If any paper becornesi
due on a holiday, it must be taken as due on the next succeeding bu •
ness day.
Hu band and Wife. The wife has full legal capacity to contract
as if she were sole, except that she can not alienate or encumber her
real e ·tate without the husband joining in the conveyance. unless
husband be in ane or nas abandoned her. or is a non-re. ident, or
imprisoned under a conviction for crime for a period of two years or
more, in which cal es the wife may convey it a if she were sole.
Husband and wife may contract with each other, but the wife<_:~
not be surety for the husband. All of the property and the earmne!
of the wife are her separate e~tate, and are not liable for the debts ~
the husband. The wife must sue and be sued alone for all matte
relating to her separate estate or contracts, and for all torts to het"
person or property. The chancery court ha! power to relieve of an1
or all disabilities of coverture.
Interest. Legal rate is 8 per cent, and ame is allowed on all ope~
account'>, judgments, and deer es. lJ ·ury forfeit· all interests an
any sums paid as intere ·t on an usurious contract shall be credited on
the principal.
Judgment of courts of record are proved by a certified transcri~t.
Judgment not a lien, but when a cerittled statement thereof, made
the clerk of the court is filed in the oillce of the probate judge,
become~ a lien on all property of the defendant therein in the couu_tf•
which is sul>ject to execution for ten years, to enforce which exec~ug~
may issue at any time within that period. Execution receivec .98
sheriff during life of defendant may be levied after hir decease or al~in
execution i ued and J13vied if there has not been lap.-e of entire te n8
do as to de .troy lien originally created. Above applie:; to exec.uti~ce
from circuit and chancery court: . An execution issued by a JUS to
of the peace is a lien only from time of it! levy. All agreementsade
confe · judgment, or to authorize another to confe. judgment, J.ll are
before the commencement of the ;ult in which such judgments
so confirmed are void.
Contractors, including subcontractoJi
Iechanics' Lien.
mechanics, material men, and laborers have a lien on houses ~a'lf•
and the ground on which they stand upon complying with the
8
Lien for Rent. The landlords of any store house, dwelling h~~
or other building, shall have a lien on the good , furnit,ure and O ll b8
belonging to the tenant, and sub-tenant for his rent, which sha.rolfO
superior to all other liens, except those for taxes, also on crops g
on rented premises for rent of the current year.
tb:
{c
1
C
BANKING AND COMMERCIAL LAWS-ALASKA
Limitations. Notes and stated accounts, six years; open accounts,
three years; sealed instruments, real actions, and motions against
officers, ten years; judgments, twenty years; actions on the case, one
year. Bar created by statute can only be removed by a partial payment, made on the cont,ract before the bar is complete. or hy au unconditional promise in writing. If anyone entitled to bring an action,
or make an entry on land, or defense founded on title to real estate,
be at the time such right accrues, within the age of twenty-one years,
or insane or imprisoned on a criminal charge for a term less than life,
he shall have throe years, or the period allowed by law, for bringing
such action, if the period allowed by law be le , than three years, after
the termination of such disability to bring such suit, etc. , but no action
tatut s of limitation apply
can be commenced after twenty years.
to married women's separate estates. Actions founded on a promise
in writing not under seal , or for trespass to person or property, must
be brought within six years. Statutes of limitation are made applicable to equitable as well as legal demands, but do not run again.-,t direct
trusts. Any agreement or stipulation to shorten the period prescribed
ctiuns seeking relief
by law for the bringing of any action is void.
on the ground of fraud where the statute created a bar, the cause of
action begins to run upon discovery of the fraud by aggrieved party.
No promi e or acknowledgment is sufficient to remove the bar to a
suit, except a partial payment made upon the contract by the party
sought to be charged before the bar is complete, or an unconditional
Promise in writing, signed by the party to be charged thereby.
Married 'W omen. (See Husband and Wife.)
l\Iortgages are executed and acknowledged in the same manner as
deeds. May be foreclosed by bill in equity, or if there be a provision
to that effect, by ale under power, upon such default as authorized
a sale. All mortgages are void against creditor or purchasers without
notice, unle ·s recorded. Mortgages operate as notice from day of
delivery to probate judge for record. There is no fixed time within
Which thoy shall be recorded. Homestead realty cannot be mortgaged or otherwise aliened without the voluntary signature and assent
of wife, evidenced by acknowledgment, upon private examination
separate and apart from the husband, and certified. All mortgages
~1:;lt
1825
receives from the collector a certificate of purchase, containing a
description of the property, the date and amount of assessment,
taxes. costs, fees, etc.. which after the expiration of two year. from
the date of the sale is exchangeable for a deed from the prol.Jate
judge-which is prima facie evidence of title. Lands sold for taxes
may be redeemed within two years by the owner, mortgagee, or anv
person having a benefiC'ial interest therein by depositing with tba
probate judge of the county in which the lands were sold , the amount
of purchase money, with interest at 15 per cent per annum, and all
taxes which have accrued subsequent to the sale, and interest thereon ,
at 8 per cent per annum; also all costs and charges. ,Vhenever land
is sold for State or county taxes, and from any cause such ·ale l invalid to pa. s title to purchaser, ale operates as transfer to pm·cbaser
of lien of state or county, or the property for payment of taxes for
which sold. All cotton factories or cotton mills which shall be
constructed In this State within five years shall be exempt from
taxation for a period of ten years, provided such mills represent an
investment of 50 000.
Wills. All wills of real or personal property must be in writing
signed by the testator and declared his last will and testament in the
presence of two witnesses who mu t sie;n as witnesses in the presence
of testator and each other. Unwritten will of personal property valid
only when the property does not exceed 500 in value. and must be
made during last sickness by testator at his home. Persons present
must be called on to witness that it is testator's will and must be
reduced to writing by one of the wtinesses within six days. ~\.iinor
over eighteen may make a will of personal property. No will effective
until probated. May be contested in probate or chancery court.
~:J~ i:r~l~~~rsi?fee/~ft~!ymo1r~~'iii~~:ev~~r~er~e ~~i~~:~~
0
or his assigns, the title to the real or personal property mortgaged, if
lllade in the lifetime of the mortgagor; if made after his death, such
Payment revests title to personal property in the per onal representative, and title to realty in the heirs, devises, or legatees of the mortgagor. Chattel mortgages must be in writing. ·when the mortgagor
is sued by the mortgagee for possession of the mortgaged property,
he may defend by showing payment of the debt, or part payment and
a tender of the balance, or may pay it after judgment.
Negotiable Instruments. Must be payable in money and must
contain an unconditional promise to pay a sum certain on deman~ or
at a fixed or determinable future time; must be payahle to a specified
Person or bearer· may be in installments and contain provision that
on any default the whole shall become due; with exchange fixed or
current rate, interest, and attorney's fees for coll~ction: :nay auth~r~e
sale of collat,erals but cannot authorize confe,s10n of Judgment 1f 1t
reacts, "I promise to pay" all signers are jQintly and se\erally liable;
lllay be payable at fixed time after date or sight, or after specified
certain event, but not upon a contingency; can waive exemption from
or
execution; need not specify value given nor place where dr
Payable; if issued, accepted, or endorsed when over~l!e it is payable
on demand; may be payable to two or more payee Jomtly, or one or
lllore_ of several payees, or to the estate o_f a deceased person; a~sence
or failure of consideration a defense agamst one not a holder ID due
course and partial failure a defense pro tanto. One not a party to
in,. "Ument placing a signature in blank before delivery becomes an
enuorser. Every endorser engages that on due presentment it shall
be honored or that be will pay tbe ammmt to holder or any subsequent
endorser who may be compelled to pay; no days of grace; 'Yhen
lllaturity falls on Sunday or holiday payment is due on next busmess
dlfay; if due on Saturday must be presented on next business day, but
Payable on demand holder may present same before noon on Satur!!_ay. Fraud and circumvention in procuring execution of instrument
.., a defense against any holder.
Powers of Attorney. Powers of attorney or other instruments
COnferring authority to convey property mus~ be prove<!, or acknowledged in the same manner and must be received as evidence to the
Bame extent as conveyances ( ee Conveyances), and msut be executed
as conveyances. A power of attorney to relinqni;,h dower must be
executed by husband and wife jointly. Iler 1gnature must be
acknowledged as required for conveyance of land.
Presentment. Is not necessary to charge one primari_l~ liable
except in case of bank notes; if payable_ at . p~cial place ability 8:n!1
"'1llingness to pay it there at maturity 1s e9ul\'alent t~ a tender. if
not on demand it must be presented on day 1t falls due._ if on demand
then within a reasonable time after its i ·ue, except, a bill of ex1::ha_nge
:tnuat be presented within reasonable time after its last negotiation.
Probate Law. A court of probate, con.-;isting of ony j_u~e •. is
established for each county in the , tate. This court has 3unsdict1!)n
or the probate of w1lls, of granting letters testamentary and of admmfstra.tion, and the repeal of revocation of the same; of the se~tleID;e!}tS
of accounts of executors and administrators, oft be sale a~d ~tsP<? ition
~ the real and personal property belonging to, and the d1str1but1on of,
&Utestates' e tates. Also of the appointment, remo_val, and s~ttlyments
or S"Uardiaus for minors and persoru of unsound m~n~. the bmdmg out
f!~PPrentices, the allotment of dower. and the part1t10n of laud belong~ to joint owners. A court of probate mu 't be held at the court
0 uae of each count.y on the second l\'.fonday of each month, and the
JU<!Jre may hold special or adjourned terms whenever necessary, but
court must at all times be considered opeu. except on un~ays.
to also keeps a record of deeds, mortgages. and tnstruments entitled
record.
Prom1 sory Note. Must be unconditi<_mal promise in_ "'.fiting to
on demand or at fixed or determinable t1D1e a sum certa1!1 m money
Pl Order or bearer, and where drawn to ~aker's own order 1s not comete until endorsed by him; may be in mstalLments.
l>rotest. (See egotiable Instrument .)
l>rotest of Foreign Bills. May be made by notary public or_ by
~1 respectable resident of the place in presence of t~vo or more_ credible
oftne es; bill of exchange docs not operate to~ '1gn funds ID hands
drawf'e and he is not liable unless he accepts.
~lteplel'in, \Yrit, of replevin lie to recoyer r?~operty_ in ctLstod;v of
u 0 fllcer of the law and is limited to this. I he action of detmue
es to recover person'al property in all other instanc 's.
ci:a•~!I in Bulk. Sales of all or substant~ally .all of s_tock of mer&n lld1~e except in ree:ular cour e of trade 1.' prim~ facie. fraud_ulent
th: Vo1ct_ against creditors unless they are nottfl d ID writmg pr10r to
ale m rnannC'r pre ·cribed by tatute.
Lecome due on October 1st, and del!nquent on the 31st of
be cernber or the year for which they "ere le, 1 d, and the land. m~y
the SOid by certain proceedings in the probat~ ~ourt .con~~en<;ed m
lllonth of Marl'h following. Rate of ta at10n i sixt)-fh e J!er
'Int on each $ I oo 00 for Sta to purposes. County ma~· leYy a like
Oil 0 unt. Municipalitie may levy a tax not to excee.d one half of
e l>er cent. The purchaser of lands ·old for delinquent taxes
ten
t,:v
n;a"cs
een
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
SYNOPSIS OF
THE LAWS OF ALASKA
RELATING TO
BANKING AND COMMERCIAL USAGES
Prepared and Revised by 0. D. CocHRAN, Attorney at Law, Nome.
(See Card in Attorneys' List.)
AcJmowledgments. (See Deeds.)
Actions. The distinction between actions at law and suits in
equity and all forms of pleading heretofore existing in actions at law
and suits in equity are abolished, and there is but one form of action.
denominated a chril action, for the enforcement or protection of pri!~;fo~i1!1;;~tab~ ~~is!~~:r I°nr tt~e~:~~ogf ~fhr:::re :rr;inr~· inf vez
except that an administrator or executor, a trustee ofan expre. s trust,
or a person expressly authorized by , tatute may sue without joining
with him the person for who e benefit the action is prosecut.ed; but
the assignment of a thing in action not arising out of contract is not
authorized.
Affidavits. An affidavit or deposition taken out of Alaska, otherwise than upon commission, must be authenticated as follows: I.
It must be certified by a commissioner appointed by the governor of
Alaska to take affidavits and depositions in the state, territory, district
or country where taken; or, 2. it must be certified by a judge of a
court of record having a clerk and a seal to have been taken and subscribed before him at a time and place therein specitled, and the
existence of the cuurt, the fact that such Judge is a member thereof
and the genuineness of his signature must be certified by the clerk
of the court, under the seal thereof. In all affidavits or depositions
witness should speak in the first person.
Aliens. Any alien who is a bona fide resident of the United States,
or who ha declared his intention to become a citizen, or whose rights
are secured by treaty, may acquire and hold land upon the same terms
as a citizen. Any alien may arquire lands by inheritance or in the
ordinary course of just.ice in the collection of debt. , and may acquire
and enforce lien upon lands, hut such lands mu t be sold within ten
years. Any alien may also acq1.tire and bold lot,s or parcels of land
in any incorporated or platted city, town, or village, or iu any mine
or mining claim, but is not aut,horizod to acquire title from the United
States to any of the public lands.
Arrest. The defendant may be arrested in the following civil
actions: 1. For the recover~· of money or damages when the defendant is about to remove from the district, ~ith intent, to defraud
hi· crt>ditors; for an injury to person; or for willfull.v injuring or nongfully taking, detainin", or com·erting J>rorwrty. · 2. 1''or a fine or
penalty; or for money or property embezzled or fraudulently misapplied or com·erted to his own u. e by a public officer. or by an attorney, or by an officer or agent of a corporation in the course of his
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
BANKING AND COMMERCIAL LAWS-ALASKA
1826
employment a,; uch, or b;1 any a •ent, hrok!'r, or other p!'r on in a
tldueiary capacity or fur misconduct or neg11wt in oflil'e or iu a profe..ion.11 omploynwnt. 3. To rcco, er the po e ion of personal
11
~-~{!~~!1~le~~iA;~~·eJ'
cll'.tJ~~~)~;?s~rtg~{ ira~~~~t~~f
found or taken by the mar-:hnl, and ,•ith intent that i hould not be
so fount! or taken. or with the intent to depriYc the plaintiff of the
benefit thereof. 4.
Vh •n the defendant has been ~Hilty of fraud in
coutrncting n debt, or incurring the obligation for which th action is
11
1 0
~~1~gfi~n~ro~• c~~~~~~lg!f
O:cnwn ;~
t~~ t~tt~~;
t,ho dofemlant has remo,e I 01· dbposecl of hi--. property, or is about to
do so. ,,ith intent, to defraud hi!': <Te<litors.
Altachment. The pl· lntilr, at the time of i uin"' thfl ummons
or afterwards. may have the property of defendant atta,·hcd in an
action upon a. contraf't, express or i1 1plied, for th<> dlret>t payment of
money, and, I, which is not isceurcii hy mortf:agc, lien. or pledi;c upon
{~!:tg~~l
i~
~~~i1;~,~
(~)E ,~1ii~~ \~~!
~g~h~~c~c!~~~fo~;)c~r~ho
or t
t;r~ ;~c~~~i~;
~e~~
re ·idPnt defendant. The , rit issues whene, er the plaint Hf. or anyon in his behalf, fllc an aifidavi slurn in~ that defendant i intlcllt ,cJ
to plaintiff ( pecif~·in, the amount or indebtedne. · over and abo e all
legal set-o.11' or count.er-claitru) upon a cont rnrt. expre or implie•l.
for the direct payme1 t of. money; that the payment J as not been
secured hy mort"agc, lien, or pledge upon real or pers<mal prnperty;
and that the sum for" hkh attach ent. i,; ask<•<i i · an actu:11. hona fldo
existin.2; debt <.lue a11d owing from plaint ilf tu def,•uclant: and thal th •
attr chment is not, sought nor the action pruscrut•id to l indcr. delay,
01· defraud any creditor or the defencl:1111. 1'lalnl if· 11111st al ·o file an
Ull(krtaking, with one or more :rnreties. in a sum noL ks than 100.
and equal to tlw amount fo1• which he demands judgment. 1•011diti01wcl
that plaintiff will JY y all co. t adjudged aud · II darna ~es ustained
by nmson of the attachmunt if the san\e be ,, rongful or without snf!lcient cause. not excueding- the amount spe<'illecl
Ch_attel :.\lortgages. Auy interest in personal prop rly, C'apaiJle
of bomg trans erred. may b • mnrtga •e.·. hut the mortga"c [;;; void as
against <-re<litors and suh ·equent purchaser. an<l incumbranc rs in
good faith and for value. m1le.~s posse. sion of tl1e pro1,crty be delivered
to and retained l>y t.he mortgager or tile mortgage provide that the
pro1iort )' may remain in the po. ·se ion of the mortgagor nn<I e accompa uied l)~r the af!lllavit of all the parties thereto that the same is
made in good faith to ·eeur • the amount named th rein, aml "ithout
dcsi;n1 to hinder, delay, or defraud creditors. and be aC'lrnowledgecl
a.nd filed. The mortgage mn t be ackJ1qwledged h) the mortgagor
as a co11veyan<'o of real prop rty i and he filed in tbP office of th<
recorder of the pre<'inct , ·here the mortgagor re,l<!le-; and of 1 ho pr•<'ind where the propertJ· i . "'ithin thirty day. next pre ·odin • tho
expiration of one )'enr from the filing, a true copy of the mortga"'c,
with a Yeriflod statement, of the interest of tho mortga PC In the 1>1•opert,y at the t.ime the amo is renewed, mw,t be tilod in the office wher
thf' orig-inal a filed, and thP lien i thereby extended another year.
(,hal tel m,,rt!rn!l'es arc for clo. ed in the same manner as mort"a"'cs
an<l lieus upon real proper y. hut n cla1i-e may btJ in Prted in a rnort"a e
nuthorizln;J; the marshal to Pxccute the J)O\\ 01· of ale therein granted
to the 111ortgagee.
·
('orrwrations. DoPwsti!· Corporations. Tlll'eP or mon• adult persons bona llde 1·csirlent. ol' the di , rid, mi y for•u a ,·orporatfon fnr
the follow in"' purpo. e · To const l'llt't, ow11. and operate rn.ilroacl.·.
tramway~. street raihH1ys, war;on roarls. tlume,., ancl tele«raph and
tel phone lines in .\lru ka: to acquin•, hold. and operate miucs Ju
Ala.·lrn; to earry on the fl:hing imlusu-y in Ala ka and the waters
adjacpnt and conti~notLs thereto; to ('Onstruet ancl operate sml'lters.
eh mric and other pm\cr and Ji«hting plants. docks. \\harve , elc,v11tor ,
\\archouscs. and hotels in Alaska; and lo earry 011 trade. transpt,rtation, ;,.i-,,riculture, lumberinr:, and manufacturing in 1.' I, ka.
11 orcign Corporations. E\'cry corporation 01· joint tock company
organi7.C'd under the law· of the LTnitPd State· or an.· _tate or territory
:-hall, bc>fore doing bu inc. , ithin the district. file in the office of th
secretary of the <Ii strict and in the office ol the ·Jeri, of ti e di trkt
court for tho di\'i:ion wherein it intend to c-ar1T on busin · a. dulv
authenticated copy of it charter 01· article. of incorporation, anct al. i,
a ·tatement Yerlficd by the oath of it· pr' ident and C('rl'tary aivl
.,tte. tecl by a majority of it· hoard of dire ·lllr ·. Thereafter such
stawm!•nt must also he o !lied within thirt , davs after Julv fir. L of
each year.
·
·
Ueeds. .\ com uyaneo or lands. or of anv estate or inter st therein,
may be made by deed, signed and sealed ·I>)' the per on from whom
the esta1 e or intere. t i intended to pass, and acknowlcdgecl or pro,·e<l,
and recorded. without any other act. or ,·eremony. A quit..-daim de d
pa; es all the estate which the i;rantor eould conn.iy by deed of bargain
and sale. • ·o covenant are implied in any conveyance. 'I'he term
"heirs," or other words of inheritance. are not nel'e. ary to creatfl or
convey an estate in fee ~imple. llushand and ,·ire may, by tl,eir
joint dcPd, convey the real estate of the wif •. in Iii 11 manner , . he
!ctr .~~l~:fc'11d~~i\
0
;:i~· h1;~1:~~~r\~~\ cl~
l~a;
~!~~~1~!ud;es~cYi:geins~~:r~l~t1~~~rd j~{ nl~~
:e'::1ei
acknowledge that he executed such deed frpely and \ oluntarily.
When a married woman 11ot residing in t-h<1 district join. h r husband
in corn eying real e><tate situate in the db rict. t e couv yan<'e ha the
same etfoct ns if sh were solo, and the aclcno\, led~mcnt or proof of the
execution may be made the . ame a-.; if ·he were ol . Within thn
district deeds must be (!xecutecl in the presence of two witnesses. who
shall subscrihe their name· a. such: and the pe1 011 OXl'('Ulin~ a deed
may ackno1\ ledge tht' cxe :ut.ion before a jmlge, clerk of the di. trirt
court, notary public. or commissioner witbin the di trkt, and he
oflkcr ta.king the acknowledgment mu: indor,-,e th reon a certifl<'ate
of acknowledgment and the true date of making the ·,unc nnf!cr his
hand.
Depositions. Tho t timony of a witne,·s, in tho di. trkt. may be
taken by deposition. in an action, au any time arter tho . erviC'e of
the sununons or the appearan(•c of the defendant, amt in a special
proceeding :.fter a (JI! ·tion of fac has arisen, wlwn. I, the witn ·s is
a party to the ac:tlou or proceeding, b~· the oppo ·it • party; 2, the
witne s's r siden<:e is more than one hundred mile. from lhe place of
trial: a. the witness is ahout, to go mor than one hundred mil s beyoll(I
the place of t,rial; 4, the witne.· is too infirm to attenrl the trial: or, !'i,
the testimony is required upon a motion, or Jn 1 ny otl1Pr case where
tbe oral examination of the \\ itne.ss is not requirNI.
The testimony of:, \\itue.-s, oul of the district, may be taken hy
deposition. by comm!· ion i.·sued, upon flve da~·s· uoti<'e to tho ot.lwr
part~·. by the clerk of the court, or justice of the peace in a l':tUsP in his
own court, to a person agr od upon by the partic ·, or, if tlu•y do not
agrP . to a jmlL(C, justk of the 1,eacP, uotar.r nublic, or dflrk of a
courL elected by the ofHcor i ·uin ~ the eommi sion.
'l'he amount or the com mi·. ioner·.- feos .-i10uld be indors d upon tl10
d position.
He <·er1t and Ui·tribution. 'fhe real property of an inte ·tate
cle Tends as follows; l. In equal . hares to bi. or her child1·e11 and
to the issue of any decea ed child by ri~ht of repre~e.ntntion; am!
if tlwro be no cliilrl of in e ·tate li\ ing al the tim, of his or her <loath,
to all hi or her other lineal descen<lan s; and if all sn h de c ndanl~
are in t_he ·:uuc dc2r •~ of kindred to the into.state, they ta! • equall.,;
othcrw1su. by rt'IH'es.•ntation. 2. If int,•stnte leave no Jin •al des(·Pmlanti;, to his wife; ,ir if inte. tat be a marri<'d woman to her bus!Jand ·
and if int<' tate lea,., no wife 11or lm:band, to hi.· ,;r her fatlu•r. :-i:
1f intP><tate lca,e no lineal de eend nt. n ither husband nor wife,
nor fatht'r, such real property de cond · in equal :hares to his brothers
and ister.-. ancl to the i · ue of any de<·e.:i, eel hrotller or ,;ister by
right of repre~entation; but if int, ·tate 1 a, e a mother, . ·he takes
an equal share \ ith uch brothers a nil lstcrs. 4. If inte tate leave uo
lineal de ·<"endnnt:, neither hu band nor \\ife. nor father, brother
nor sister, such r •al prnpe1·ty de cemls to his mother. to tho exclusion
of the i.· ue of deeeased brother.- and si. ter-.. :;_ lf intestate leave
no linPal <lescendauL, neither hu band nor wife, nor father, mother,
1
11
1
ti~i s~:r:!;t;~~-l;~}:'i!:g l'S~t ~~?i~;tlfie?.:
~
~-~ll~~l~~-~i
kindn•d i11 equal de.rree but C'laiming through clifferent ancestors,
! hose 1\ 110 claim thr'lU!{h tho nearPst anc
r arc preferred. n. If
mte tato lea e one or llJOfl' cltilclrcn. and th i-.;sue or one or more
cleceru eel d1ildren, and any or g\lCh ur, h iug c-hilclren die under
age \\ithout havini; he n married, all sueh r al Jll'Operty that came
lo su,·h dt•cea ed <'hild hy inheritance from uch inte<.:tate desc·cnds
in equal har,·, to the other C'hildrnn of suclt inte.-tate and tn the issue
or an~· other childrt•n who Im e died. by rig-ht of representation. But
if : 11 th otlu'r children of intc,.tatC' he cleacl, and any or them have
left i ·sue, . uch real J)l'•Jperty so inherited b:,· su ·h derca.-;ed child
de ·1·onds tu all the i. u of ·uch other chlltlr n of the in estate in
c ual sharp·, if they a.re in the am degree of kin,lrecl to su!'h deceased
·• ild; othPrwi .. , the~' tas:e by right of r 1,re·entat!on. 7. If intes·
;.~t~i:gag;n~Ji~~~!~l__~· cendants or kindred, urh real propE rty c eheats
l~~o~~
J:~ ;~~/~o:·~
now •r ; nd Curtc "· The widow of every clecew ed person is
entitled to dow<'r, or the u e during her n:itural life of one-third part
in value of all the lands whereor her Im. band died seized of an t•st:tte
of inherita1we.
Wh<•n auy mau and his wife are ·uizcd in lwr ri~l t of ;uw estate of
inheritane in I, nd . the hth and, 011 the death of his , ife; holrls the
lands for hi lift• a· teuant th r of hy he curtc y, although sud1
:~c,~ ~ mI/;!\~ h~1/1d
hnJ·~:i:;~!n~~~
~~ ,b:,~'\/1g~;-s on account of
heinu: a party 01· intcre ed in the e\ent of au aetion or proc,eclings,
haYil~ be ·n convkted ofacrim , or his opinion on matters ofrelirrious
belier. Pu ons of un onnd mind :md children under t.-11 vear · of age
who appPar inr-apal)l~ or l't'Cl'iving ju ·t in•pr.e · ion-. of tlw fact respect·
ing which the)' are e ·anuncd or of rela Ing them truly may not he
\\itne.-,-p-.. .\11 attorney may not, "ithout his <'liPnt's ('1J11se11t, he
e amincd as to communi atlon · mnclc b~' hh di •nt to him nr hi uddce
thereon. .\ prif':sv may not. without the eori:,,cnt of the pC'r.son maJdng
the coufo. sion, i)e t•xami1wd as to a.11y confe. ·ion made to him in his
proft•,; ·ional ·a1>al'it~'. in the ·ou1-se of di <'ipllne enjoined hy the church
wifg
:)Y)j \\t:i~71 :;r· 1:ie1~~fient'
0
bg~1~\~~!~J>.ri~u~t1~H ~~r
;~~it~e~li~~(~
a· to information acquired in attcndin~ th patient whklt. was nccess:.:ry to P11able him to pres rib or aet.
,. ecutlon . ( e .lu<lgmPnL and h ·ecuti n.
,~ ecutor .. nnd \dn1ini tr· tor . \\·hen a "ill i. prv,•en lettns
e. tamentar)· r' i ued to th 1J 1.-011 th re.in n;uu ,cl a oxecut,ir .
or t.o such of th •m a h'i,·e 11 ti e f th ir ac1•e1itance of th• trust and
aro qualified. .\dmin· tration i ATantPcl
f. l<rn. 1. To the widoW
or 110.:,.t of kin, or both, in th di reti in of tltr• court; :!. To one or
mor of the 1wiucipnl cr"ditor ·: or, 3. to any other per ·on c >lll])l tent
and qtrnl!llf'{] "hom t It court may elect. If dcr-e: ·cd "er,• a married
woman admiui trntion shall in any a e I e "ranted to tho husband:
if qualified, and he appl~· 1herefor. ( lain s are paid in tho f<,110\dng
o · lcr: J. Funeral dmr e . 2. Tax
due the
uite(I ,'tatt . :3.
Ex1>e11ses of la..-.;t ·i"k11e s. L All other taxes. .-,. D l>ts pl'Pferred
t,y the 13.\\S of the l 11ited :-tale·. n. D lit whidl at the dt'ath of
tile clece, ud wer<' a lien upon hi property, in ti, order of tho priorilY
of the I, n . 7. De t du for wage-. arnecl ,vithin ninety c' ys
immediately prec •dill'' death of d •cedent. •. All other l'laim .
E t•n1p ion . I. Ea ·nin •s of jud •mcnt debtor, for per 01m I -:crvlcc. rendered , ilhin lxty day next 1n·ec•Cflil , the levy of exe<'utiou
or att chm •nt, "\\hen nece · y for the u e ot· hi family 'UPI orted
in , 'hole or in pnrt hy hi labor. 2. Book , picture·, and musical
in. tnnnen · owned b~' any pt•rson. to the ,,alue of ,5. 3 .• 'C'ces. arY
"earin~ apparel own •d by any p on for the use of him,-,elf or ramilY,
hut watclH'-ti or jewelry exc eding 100 in value arc not exempt.
4. The to Is. lmplem llt , apparatu-.. team. Y hicle, hanie:·s. or lihra·
ry not'e ary to e11ahlC' any person to c-arn: on the tra,to. oe,·npation.
or prore ·sion hy "hich ·uc;h persou habit nail~ earn.· his lh iui.r. to the
value of ·oo; al. o sullici nt quantity of food to upport such team,
if a.u.v. for six month : the word "team" being cow;trncd to inducle
not more than one yoke of oxeu, or a pan of hor>< · or nmlas, or two
reindeer, or six dog.. .;, The folio nng proJHlrty, if ow11ml l>y )he
head of a family and in aetual use or kopt for u e l,y and for his fan11IY,
or \1hcn llein • remo,·crl from on habitation to another on a 1'11an!:{he
of re ·idon C'; Ten h p, with one year'· flee ·c or the yarn or clot
manufactured therefrom: t" o C'.O\\ and fh e \\ inc: honseholu ~oott,;.
furnitu ', and nten ii to th value of 300; al o food suflld •nt to
support such animal:, if any. for i · 111011th , and pr<n i. ions a('! uaIIY
pr Yicled for family us and nee . r.r for the . ui,por· of 11 ·h pcrso~
and family for ix mouth:. U. The cat or p \\ o~c·upl ct b)· the )lea
of a famil~- or his fami'~· in a pla e of public wor ·hip. 7. i\ II propert ~
of any publk or municipal t·orporation. • 'o artif'le. or the }ll'OC'ec<1s
derh e<l from its al or xdiange, is exempt fr,,m e:·eC'l1tion on 8
ju<l;nne11t recov ·red for it,; price.
Carnbhnwnt. (. ee Atta<"11111ent)
Jlon1e.-tt.•ad. Th• home tead of any family, or the pro<'eeds
thereof. I. exem))t. .'uch home t ,ad mu ·t bo th • actual abode of.
and O\\ ned h.', . ll<'h family or ome member tl10r of. and 11ot c ·ceed
2,500 In valuP nor e c ed JOO arr f.l <1xtent. Jf not located iu a town
or city lafrl off into blocks or lot ; or if locat <I in nny sul'J1 town or
dty, one-fourth of an acre. 'l'hb e cmpti II clo :, not. apply to decrehee
for the forecl ure of any mortga
property e · cutcd. hut if t
owne1 of :11 ·h home tend he married. th mortt?agc mu t he executed
by hu. hand and ,\ !fe.
Jntt•re,t. 'l'he legal rate of inter
b
p •r c nt. hut 011 contract
intPrcst at th rat of 12 p r cent ma~· he chargecl IJy exiirl "'s a)!rC'~
ment of tht• p rti, · lf u. uriou it t r • t ha:, be n r ceh L'd I r eollec~e 1
tho party pa~ int? the. amc. or hi legal repr • entative.-, may. hy ar.t 1~1
brou~ht \\ it hin two year.·, reeo, er double the amount of stwh int t•i:e.~\ ·
If i is a r·ertah1Pd In any a<'tion upon <'ontract tbat an una11U1or 1
ratP of interP. l1as hf'on <'nntracte<I for, judgment mu.-t bo rendered
again t the defendant for th amount duo. without intcrr>~t. an r
again
tile pl: intiff for \'nsts. If the rate contract.cu fo1· i. s pee
cnnt 01· lo·s. thP <ll'htor ma)' also a"rPe to pay th• tll)I:<'" upon th
debt, 1·rNlit., or mort age.
Jml.:ment nnd E'\ecution.
\ judgment i clockot 11 im 111
diatcly after en ry.
\t any time thereaftPr \\hilP CXP ·ution
i sue n crwt illNI tran cript of th dof'ket may tu Iller! in t.bt' o t·
of tho re ·ord r of any re<:l)rding dj :tri ·t, and from the <latL• ordocke II
ing a. j 1dg-mcnt or tran: cdpt th roof th juclgm u• is u lien upo t
all the real 1n-oJ1t•rtY of the d f ndant \\ ithin the record In!? di tr!~e
or ,ii ricts \\here docket •ct, or \\Idell he may nften\.>rds acll~~II
th rein durin" the time an execution may i. su . Jf no exocn\ds
i. 11 • within t u yea th lien e plr s, bu i r ne,H·d if aftcr,\ll of
1 •a, n l.s given to I. ue e. eutfon and a tran c-ript vr tho docket
tho ordC'r clocl,Necl \\ ith the r ·or<l r.
,;
K·l'l'Ution may i"Slle a1 any time "ithin !Iv y<•, r from the ent~ii
,,rt he judgm nl , nrl therenfter on nrd r of th court niacl, on rnoti
l~~"i;.
zed
Wite:~
BANKING AND COMMERCIAL LAWS-ARIZONA
vife,
hers
by
a.kes
e no
ther
,sion
~ave
her,
ldn
·era!
Lors.
;i. If
nore
nder
1ame
ends
,ssue
But
ave
hild
e in
sed
11eseats
n is
part
tate
e of
tbe
such
t of
·ngs,
·ous
age
ect,t be
, be
,ice
J{ing
bi:-
urcb
the
ing,
cestters
tors.
and
'doW
1e or
tent
•ried
and;
\\illg
3.
·rred
h of
oritY
' ys
eeds
e of,
ceed
toWll
·nor
crees
rls~a
tract
,,.ree'"'cted
cti0ll
rc~t- ,
dzed
\ered
and
1
per
tbe
,of the party in whose favor the judgment, was given. Such motion
must be subscribed and verified as a complaint. and summons must
be served upon the judgment debtor or his representatives, to which
he or thev mav demur or answer. The 0L'der made must be docketed as a 'j dginent. Execution may be against Lhe property or the
judgment debtor, his person, or for the deliYery of the possession
of rea,l or personal property, or such delirery with damages. ExecuLion from the district court is returnable within sixty days; from the
commissioner's court within thirty days. l"ntil a le\·y property is
not affected by the execution.
Licenses. (See Taxes.)
Liens. E, ery mechanic, artic;an, machini. t., builder, contractor,
lumber merchant, laborer, teamster, drayman, and othP-r person
performing labor upon or furnishing material of any kind to he used
in the construction, development, alteration, or :epair, eith_er in whole
or in part. of any building, wharf, bridge, flume , ditch, mme., tunnel,
fence, machinery, or aqueduct, or any structw·e 01· superstr~1ct~e,
has a lien upon the same for the work or labor done or material furnished at the instance of the owner of the building or other improve1nent or his agent; and every cont.i·actor: suh-contra~or, archite<;t,
huilder, or other person having charge of the wc,rk, m whole or rn
part, is. for this purpose, deemed the agent of the owner.
Limitations. Civil actions must be commencerl within the
following period. after the cause of ar·tian accrued· \'i'ithin ten
Years-action for the recovery of real property, or the pos. ession
thereof; upon a judgment or decree of any court of the United States,
or of any &tate or territory within the United States; upon ~ s~a:-ted
instrument. ·within six years-action upon a contract or hab1hty,
1
f;.ei:trc\iegy :;ff~le j~~t:ei~a~r
waste or trespass upon real 1:iroperty; for taking. detaining, or injuring
personal property, including an action for the specific recoyery thereof.
Within three years-action against a marshal, coroner, o~· consta~le,
upo a liability incurred by the duing of an act in his om ·1al_ capaCftY
or in virtue of his office, or by the omission of an official duty, lllCludmg
the non-payment of money collected upon execution, but n(?t an
action for an eseape; action upon a statute for pena!t,y or forfeiture,
Where the action is given to the party aggriev~d. or .t? such _p3:rty
and the nitecl States, except the statute prescn!Je a different hnntation. ..Within two years-action for libel, slander, assault, battery,
S~duction, false imprisonment, or for an~· injury to the person or
r:ghts of another not arisiIIg on contract; upon a sta(,ute for a f~rfeiture of penalty to the United States. ·within one year-act19n
against the marshal or other officer for the e <'aµtl of a person arre~ted
?r imprisoned 011 civil process; upon a ~tatute for t,he pi.>~ialty given
lU whole or iu part to the person who will prosecute, _bu~ if uot commenced "it/Jin one year by private part~· ma~- be ,nthrn two years
by the United States.
Manied Won1cn. The property and pe~uniary rights of e~ery
married woman at the time of marriage, or afterwards acqw._red
by gift, devise, or inl1eritanee, or by her own labor. are HoL subJect
to the debts or contracts of her husband, and he may mauag<;i, sell,
convey, or devise the same by will to the . ame e~tent an_d Ill the
s!lme manner that het· husband can property IJelone:rng to. 1nm. For
civil injm·ie damages may be recovered from a married woman
alone, and her husband is not responsible therefor. Contracts may
be made hy a ·wife, and liahilities incurre~. and the same enforce:}
by or against her to the same extent and m tlle same _man_n~r a~
she were unmal'l'ied. All laws which impose or recogmzc cnril dISabilities upon a \,'ife which do not exist a.· to the husl_)an<.i a1·e _repealed.
\Vife maJ· record list of her property and .·uch list 1s prnn~ facie
~Vidence uf her separate ownership, and property n~t. so registered
is deeme<l prima facie the pl'operty of the husband. - either )?.usband
nor wife is liable for the debts or liabilities of the other rncurred
before marriage. Husband and wite may make co:weyances and
~l'~nsfers and create liens llet,ween th~m~el ves, and either may c~m-f
st1t1.1Le the ot,her his or her attorney in fact. .\. "oman becomes 0
,tge at twenty-one or upon being married according to law.
l\fort:;:a~e~. l\Iort~ages are executed, aclrn?w~edg<:cl, and recorded
in the s;ime manner as deeds. No covenant. 1, · unplled fo_r the pa~Ulent of the sum intended to be secured. Record of a.s1e:nme1:t is
not notice to the mortgagor, his heir·? or per:sonal r~p~es~:,1Jative\
Moi-tgago may be discharged by entry _m margm_ of recmd s1-:,ned bj
tnortgagee or his personal represeutatIVe or a";-;1gne~ a,nd, witnessec~
by the commissioner or deputy, or by cort1flc~lt~ execute~ and an
kno:wtedged as other conveyances. F_oreclo ure 1 b~· action of a
equitable nature in which a deflciencJ· Judgmen rua:, be L.ad.
• ·otes and Bills of Exchange. On all bills of exchange and
~ll llegotiable promissory not,es, orders, and . drafts pa!able at a
~uture dav certain within the district, grace 1, allowed. but f:~ace
18 not allowed on bills of exchange, notes, or drafts, payable at sight
or on demand.
llecords. .An unrecorded conveyance of l'~al prope1:ty is v~i~
~s against any subsequent innocent purchaser_ m f:OOd fai_th. an~d ~1
a Valuable consideration whose conveyance 1s fus~ dul\ i~cor th·
A. conunissioner is ex-ofllcio recorder of a refordmg d1stnct,
e
bouI?,daries of which aru fixed by the court_. Conrny~;1ces. of la~vd.~
not Ill anv recordin" district are recorded ,\ 1th the cleik of th at di 1
~)on of the district,..,court within the Limits of wllich such lands are
situated.
ltepie,;n. The plaintiIT. at an)· time after the. cou~mencen}°o~!
<;>f an action to recoYer the possession of personal pro1,ertJ and be
JU~gment, may claim the immediate delirnry of_ such_ prope7tY ~~od
tUmg an affidavit showin" that he is the owner 01 the same 01 ent1_t e
to the possession thereof; that the prope_rty i tmlawfu.lly detamei
by defendant· the alleged cause of detention; that, the ame bas no
b~en taken for a tax assessment or fine, pu~ant to a s.Latu~e, o~
eizect under an execution or attachment a~amst th e propettY
~~e plaintiff; or, if~c;o seized, 1hat it is exempt; and the actual va1ue
r tlie property.
Service. (See Actions.)
.
SuppJe1nentary Proceedings. (See Judgment and Executw:n.)
t 0 'l'a.~es. Every person or corporation pro~ecutin_~ ~r attell!P~{
Prosecute auy of the following line of busllless "i t hin th e d~ t • t
lllust first apply for and obtain licen e so to do from the ~- nc
;:gurt or a , ubdi,-ision thereof, and pay p~r annum for ,~u_ch 1
<: r the rcspecth'e lines of trade and busme.,s as follo, · · . barrel.
tlauneriu.· 4 cents pet· case· salmon sallen
10 cent, pei
t :
fr~qO'oil
works, 10 ·cents pet· barrel;_ fertjlizer works. 2 0 c~ntse~l~ni~~
1
,,ht and pa-;senger transportation lrnes, pr~p ll~l~ 1
·no- local
b ".er on inland waters and ocean and coast wise •~- se
<
per
~'>mess for hire. , l per ~on on net, tonnage; railr?a s 5100
nd feet
tramways, $10 per mil~: saw-m1J~s .. 10 C'~ntserilntft~u;:tablishll'l Umber sawed; quartz nulls, .. 3 pe1 s1,amp. m.
um
s1 ts adnc~ manufact~rics doing a busine. f o,f ~,~~; 1 •
for
est· an m proportion to the amount o t)t s · ·
.
•
th
.
lines
or r1?.1~11111ents cloing a busiuess of ~loJ&oio l~re~~~u1;1ci11:.a~ge°i: from
Sio t~
business the amount lS
Ol
.
n Wills. Ever
erson of twenty-one year of ?ge, of :50 u~.d mmd •
a~~r clispo. e of ill~1i~ or her property by \Vi!l, _sa~· 1,11 u: 1 1~~;t
a husband's rights as tenant hY the lent s) ·
~~imi~T 0
writing, signed by the testator, or under his direction, in his presence,
and attested by two or more competent witnesse · subscribing their
names in the presence of the testator. A will by an unmarried person
is revoked by his subsequent marriage. Children or descendant,s
of children not named or provided for in the will take as if testator
had died intestate. A mariner at sea or soldier iII military service
may dispose of his personal property as at common law. Proof
of nuncupatiYe will must be made within six months, and the words
or their substance reduced to writing within thirty days after they
are poken. A person owning property in, but not an inhabitant.
of, the djstrict may devise or bequeath the same according to the
laws of his dom:icile. If such will be probated without the district,
copies of the will and the probate thereof, certified by the clerk of
the court in which it was probated, with the seal of the court atnxed
thereto, if there be a seal together with a cerGitlcate of the chief
judge or presidiIIg magistrate, that the certificate is in due form,
and made by the cle1·k or other person having the legal custody
of the 1 ~ord, may be recorded, acl,mitted in evidence, or conte,-tod
and annulled as if executed and proved within the di.,trict.
:et~~~1{,f~~ i~~-¥!it~f;°1}0~
SYNOPSIS OF
THE LAWS OF ARIZONA
RELATING TO
BANKING AND COMMERCIAL USAGES
Revised by C'. B. ·wxtsoN & GERARD T. WALL, Attorneys at Law.
Flagstaff, Arizona.
Accounts. When stated draw interest: wlten action is upon
iLcmized account and affidavit of party, his agent or attorney is
attached, stating that such "a<:count. is, within afilant's knowledge,
just ancl true, t,hat it is due, and that all just and lawful offsets,
claimants. and credits have been allowed," is prima facie evidence,
unle:-s one day before trial, defendant files written denial of any item
under oath.
Acknowledgn1ents. The form of an ordinary certificate of acknowledgment shall be substantially as follows:
"~~a~~tf tr~~~~'. ........................... ,.,.. }
88
This instrument was acknowledged before me this ........ day
of ......... A. D ........... , by (if by a natural person or persons
here insert name or names; if by a person acting in a representative
or official capacity, or as attorney in fact, then insert name of person
as executor, attorney in fact, or other capacity; if by an officer or
officers of a corporation, then insert; name or names of such officer
or officers as the president or other oillcer of such corporation, naming
°
~I~ng:
l-li
ld. d
~!·
~f
c\~~\)i f~~'3~>~g
$.3io~
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
1827
t.-'W
dg:f!
-i
it)A ........... . . . ...... B. ' ............. , ... .
Notary Public.
(Or other officer)
(My commission expire . . .. .. .. . . . . . ...... ) " ·
• Every instrument affecting real property in this stMe executed,
aclmowledged and certified in any other state or territory in accordance with the Jaws of such state or territory, shall be valid and entitled to record as if executed in a~corclance with the laws of this
state.
Actions. Distinction in forms bet,ween law and equity are abolished. Pleadings are: Complaint and answer, and in some cases a
reply.
Ad1ninistration of Estates. Lie in Superior Court. No public
admiuistrator. Where person dies intestate letters shall issue.
Affidavits. May be taken before any officer authorized to take
acknowledgments.
Aliens. Unless rights are secured · creaty cannot hold land in
the state, may acquire by inheritance, o~ in. ordinary course of justice in the collection of debt. ; may acquu-e hens on real estate, may
Jencl money and secure same on real estate, but title o acquired must
be sold within five years; may acquire patented miIIes and hold
stock in domestic corporation ovming unpatented mines.
The laws provide that the Ji,ws of the state pertaining to aliens
shall not be construed as to conflict in any manner with any rights
existing under anrl by virtue of any treaty of the United , tates with
any other country.
Appeals. Appeals are allowed from justice of peace to superior
court in certain cases and from superior court to supreme court
where amount involved is $200 or over.
Arbitration. There are statut,ory provisions which are ·not
exclusive of the common law arbitration.
Arn.1st. Abolished in civil cases, debtor fraudulently removing
property out of territory or concealing it, may be prosecuted criminally.
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
BANKING AND COMMERCIAL LAWS-ARIZONA
1828
Attachment.
be published for six days in ·ome newspaper in the county where
the principal busine~. i · located. Proof of publication must be flied
with the Corporation Commission. Corporation to endure for
twenty-five years. Corporation must file in office of Corporation Commission an appointment of agent who is a bona fide re,,ident of this
state for three years prior thereto, on whom all notices and process,
including summons, may be served and constitute personal service.
~~c\~~
~h~~~ev;!~;
Charg-es for incorporation : Recorder's fees, 20 cents folio. Recorder's
is due to the plaintiff over and above all legal set-oifs or counter-claims, ' fees, certified copy. 20 cents folio. Recorder's fees certificate to copy,
.1.nd that demand bas been made for the payment of amount due; or,
75 cents. Corporation Commi. sion's fees, filing cost copy,
10.
2. That defendant is indebted to plaintill. stating amount and charPrinters' fees per inch. publishing articles six days. 80 cent ·. Corpoacter of debt; that same is due and payable over and above all legal
ration Comm!. sion's fees, filing proof, publishing $3.00. Corporation
set-offs and counter-daims, and that defendant is a non-resident of , Commission's fees, filing appointment of ag
, 5.00. Where charter
this Territory or is a foreign corporation doing busine.·s in this Terriprovides asse ·sments may be levied on shares to par value (1!)07).
tory; or, 3. That an action is pending between the parties, and that
Corporation. , Foreign. Before it can transact business It must
defendant fa about to remove his property beyond the jurisdiction of
file certified copy of Articles with Corporation Commission and
the court to avoid payment of judgment; and, 4. That the attachcounty rerorder in county of principal place of business, also an
ment is not . ought for a wrongful or malicious purpo c, and that the
appointment of agent upon whom a service personal to the corporation
action is not prosecuted to hinder or delay any creditor of defendant.
may be made.
5. No such at.tachmont shall L<; ·ue until suit has been duly instituted,
but it may be i sued in a proper case either at the commencement of
Corporation , Insurance. :\fay be organized under provision
0
0
peculiarly applicable to insurance companies.
teh~~:h ;1!fntnl-st~~~tdo1~~':ni~JL l~~fliuiunJe~es;:~f
a~~,;~~f
intent to defraud; no final judgment shall be rendered until such debt
Corporations, Railroad. Are organized under a statute espeor demand !ihall become due. 'Writ may i!'IBue at or after action began
cially pro, iding for them.
upon plaintiff or some one in his ~half filing the affidavit, and upon
Corporations, Savings and Loan. ( ee Banks and Banking.)
filing a bond with two sureties in an amount equal to amount sued for.
Corporation Stock, Tran. fer of. Transfer of stock shall not be
Sureties can be compelled to justify upon notice. When more than
valid, except as between the parties thereto, until the same ts regularly
entered upon the books of the c9mpany, so as to show the names of the
:\~~~n(e~~ev~i~eoii-:~e
take priority accordperson by whom and to whom the transfer ls made; the number of their
designation of the hares, and the date of the transfer.
Banks-Savings and Loan. May be incorporated to loan and
inve ·t property. l\fay hold Jot and building in which business is
Cost'!. Plaintiffs who are non-residents, or those who own no
carried on to value of 100,000; such as may accumulate on good
property upon which execution may be levied, are required to give
faith loans and such personal property as may be required in transsecurity for, within ten days after order made; bonds for, must
acting its business. 'l'o purchase and convey evidence of debt except
authorize judgment to be entered against sureties.
national, territorial, and municipal bonds mu, t have a capital of
Courts. Are the Supreme ~ourt of the tate, the U.S. district court
100,000. .M:arried women and minors may transact business with
for the District or Arizona; one superior court for each County, except
such banks. Are required to have license and are examined by the
in counti having over certain population in which event two superior
bank examiner. Provisions are made for the contents of the charter.
court. , ju. tices of the peace, police courts, recorders of cities. The
superior court of the everal counties is a court of general jurisdiction,
B11ls and Notes. The negotiable instrument code adopted by the
both civil and criminal. It has both original and appellate juriooict.ion.
American Bar Association is in force. Joint obligor may be released
Its original jurisdiction extends to all civil cases where the amount
without releasing others. (See Holdings.)
involved exceeds S200 exclusive of Interest, and in all cac;es involving
Bonds. Any standard surety company, organized under laws of
the title to or pos ession of real e tate. Justice courts have general
United tates or of any state, may execute bonds in judicial proceedjurisdiction when amount in controversy does not exceed $200.00,
ings within tho state when they have complied with license laws.
except when title to real estate i · involved. (See Jurisdiction.)
(See Guaranty Companies.)
Creditors• Bill .
o statutory provisions.
Chattel Mortgage. To be valid against others than the parties
Day of Grace. .1. ·one.
thereto, chattel mortgage must ~et out the residence of the mortgagor
Depo itions. :\fay now be taken either upon oral examination,
and the mortgagee, the rate of inte:e ·t to be paid and time and place of
and cro -examination or upon written interrogatories and cross
payment of the debt secured, and be accompanied by the affidavit of
interrogatories, as is generally provided.
both mortgagor and mortgagee that the mortgage i'l bona fide and
De cent and Di tribution. ( ee Savings Banks.) The law of
made without design to defraud or delay creditors. Immediate
community property prevails. The separate estate of an intestate,
delivery of the mortgaged property must be ma.de to the mortgagee
and the change of po e. ion must be actual and continued, unless the
when he or she shall die leaving surviving no husband or wife, shall
descend as provided. ·when an intestate leaves surviving a wife or
mortgage or a true copy thereof shall be forthwith deposited and filed
in the office of the recorder of the county where the property shall
husband another method is provided. Children of the intestate
then be situated. Removal sale. or other disposition of mortgaged
c~~~ft11 e!f~~s·ol~: E:b~~r:iid ~:;gf~r;~
property without con ent of mortgagee entit.les mortgagee to immediate possession ofit, and such removal, tran fer, or sale, or subsequent
to the survivor, if the deceased spouse have no child or children; if
encumbrance is felony. If mortgagee permit mortgaged property to
the deceased have a child or children, his or her urviving spouse will
take one-half, and the other half goes to such child or children. The
be removed to another county, he shall within one month record his
mortgage in such other county. Chattel mortgage m.ty be forecommurity property always passo charged with the debts against
it. Intermarriage between man and woman to whom a child or
clo. ed in justice court if amount of debt does not exceed 300; otherchildren had before been born, and recognition by the father of such
0
0
~~j&~f!~~;ec3'irt~r ~ig~1~:h~~~;;~ibi:~~fve~e~ig~~!r
child or children legitimizes the child or children. Bastards inherit
from the mother and transmit e. ·tate · a.'l if l gitimate. The statute
stock of good , wares, and merchandise with continued po ses.'lion in
mortgagor, void. If copy is filed with recorder, original must be
the adoption of heirs. ( ee Dower, Husband and Wife,
acknowledged, and copy certified to by county recorder.
Dower.
Dower
is abolished.
Claim and Delivery. (See Replevin.)
Evidence. The common law rules have not been codified. Parties
Collaterals. No statutory provisions--com.mon law prevails.
may be examined and the other side not concluded thereby. Statutes
Comm.unity Property. (See Conveyances.)
of other ·tates and territories purporting to be printed under authorltY
may be read. No one is incompetent to testify because of religious
Conditional Sale . Where title remains in vendor until purcha.~e
belief. Certified copies of all records in territory may be read. Certiprice is paid, void as to persons not parties thereto, and persons
fied copie of records of all notaries may be read. Court may order
without notice, unless subscribed, acknowledged, and tiled with
inspection or copy of documents.
county recorder.
E. ecutions. Upon a judgment of superior court, executions maY
Contracts. (See Bill and Notes.) One or more obligors on a
be issued to any county. Lien of date from levy, and if on real propjoint or joint and several in trument may be released without relea.-;ing
erty, the de:;cription is endorsed on execution and filed with countY
the others, and may be sued separately under certain conditions withrecorder. A range levy may be made upon all of stock under a certain
out releasing the others. :Married women may contract as if ole.
brand in same manner as upon real e tate. (See Judi,'Il1ent, Lfens.l
Conveyance . Conveyances of estate in lands for term more than
Proceeding upplemental to execution-when returned unsatisfied
one year shall be by instrument in writing subscribed by party making
creditor i entitled to an order requiring debtor to answer concernfng
it, or his agent, duly authorized thereto by writing. A conveyance is
his property, but not elsewhere than in the county of his residence,
not efl'ectua.l against creditor· or bona fide purchasers unle s recorded
Third parties may, upon affidaYit, be required to urrendor propertY•
in recorder's office in county where land is situate. A conveyance
Court or judge may order uit brought to determine the denial o1
purporting to convey a greater estate than the grantor has pass s only
owning or of having property.
the estate that he actually has. A general grant or devi e pa se. the
E,emption . Every person who is tho bead of a family, and
fee unless expressly limited to a less estate. All deeds to realty must
whose family resides within thi sta.t.e, may hold as a homestead,
be signed by both hill band and wife except as to unpatented mining
exempt from attachment, execution and forced sale, real propertY
claims. Deeds mu t be signed and must be acknowledged before
to be selected by him or her, which home ·tead shall be in one coni~
some officer authorized to take acknowledgment, and properly cerpact body. not to exceed in value four thousand dollars, upon filing
tified by him to entitle same to registration. The u e of the word
atlidavit
de ·iimating such home. tead in the Office of the Cou~:J
"grant" or "convey" implies the following covenant and none
Recorder on county where proper .,. is . ituated.
ucb homestellU
other: 1. That previous to the time of the execution of the conexempt from date of filing said a1Ildavit. The following propertY'
veyance the grantor has not conveyed the same estate, or any right,
shall b exempt. from execution, attachment, and ·ale on any procesS
title or interest therein, to any person other than the grantee. 2.
issued from any court: 1. The family bible. 2. A . eat or pew in
th
any hou e or place of public worship. 3.
Jot in any burial ground:
fr~;t f~~~ f~~:~:a~1et~e ~f~~r?:d :o~~:~ut~:eife~~c~.;~;t~}3~~:
4.
"ece · · ry hou ..·ehold, table and kitchen furniture, including -vi.Z,
and upward may convey their own lands "\\ithout being joined by
5. The tool · or implements of a mechanic or artisan necessary to
their husbands. ( ee Acknowledgment. Dower, llusband and Wife,
carry on hi · trade, etc. 0. The sewing machine and implements
Homestead.)
of a ·eam.stre s actually lLsed in pursuing her vocation. 7. one
orporation Comm.is ion, organized under Chapter 90, Fir·t
watch, one sewing machine. one typmniting machine, and one ~
Session, Laws 1912. Has general supervision of corporation.·.
cycle. 7a. Fh·e milch cows.
. The camping outfit of eve,.,
J)rospcrtor in this state, including hh mining tools, . addles and burros,
Corporation in General. Any numher of persons may become
O. The rarmin~ utensil'! and implements of husbandry of the ctebtor,
incorporated for the transaction of any la,,ful busine s. Before cometc. 10. Poultry not exceeding in value twenty-five dollars. 11:
mencing any busine s, they must adopt articles of incorporation
'I'wo horse. and two mule and their harne ~; one cart or wagon,
which shall be signed and acknowledged by them as deeds ancl be
one dray or truck: one coupe; one back or carrfage for one or tW0
tiled in the office of the Corporation commission at the ,'late apital
horse' or one a,utomobile by the US!! of ,\hich a carman, draymanr
and a certified copy thereof flied in the office of the Ouunty l{ecorder,
trnckman, huckster, hac.kman, team"t r. chauffeur, or other Jabore
iu each county In the state in which they tran act busin ·s. The
arUclcs of incorporation must contain: 1. •rbe name of corpohabitually earns his li\•ing-, and one ho e with vehicle or harness:
rator ·, and it· principal place of tram acting msine: . 2. 'I he general
0U1er equipment u ed hy a. ·urg on. ph;\ ician, con table or cler~
in the le •itlmato prac•i ·e of his profE sion, ,1th food for !.Uclt borsel'be
naturf' of the busine. s propo od to he transacted. 3. The nmmmt of
or mul, for one month. I 2. I• u I nece ry for th u. e of t
capital stock authorized and the times when and conditions upon
debtor and hi.· family for the p rlod of Ix months. 13. 'rhe prosstl'!;
wJ1ich it is to be paid In.
. The time of the c·ommencem nt and
. tone·, typ , ca· · and other tools and implements usecl by an.,
termination of the corporation. 5. By what, olllcers or p rson.· tho
person or copartnc hip in printin or publi hing a new paper or lJI
afTairs of the corporation are to he conducted. and the lim a whkh
conducting auy printing e.·tabli.·hment or by any p r. on hir d to~
they are to be elected. 6. 'J'he highest amount of lndebtt>dne. · or
liability to whi<'h the corporation fr at any time to ubjec it elf, whic'..b
1
~t~~; i~ 7~a~ec~i~ie~ct?n~1}~~~/~~na~~~~~ol\~. vfi~u,<:~l~~~ettf~ Th8
must not exceed two-thirds of its capital stock. 7. \VhotlH r private
property is to be exempt from corporate debts.
library and 11hllosophi<'al and chemical or other apparatus belongingel
nle · so exempted
stockholders are liable for the debts or the corporation in tho proto and used for the In ·truct.ion of youth in any univer ity, colle
Portion which their stock bears to the whole capital stock. Must
seminary of learning or school. 15.
ll moneys received bf
Writ will issue on affidavit showing:
1.
1!~1:i~i ~gs~:ai~~~i;~~:t;.~~i~~
That
1i:1i~agi~~unt~:i~~tt~f
~:cl!egr
is payable in tgis Territory, and that the payment, or the same has not
been f'ully secured by mortgage, lien, or pledge of personal property,
or if orlginally so secured, that such ~ecurity bas, without any act of
fd;J~!~~ ~h~tesi>!~f;1 tt°e ~f
~ict'b~\ii~~lc~~:~.
~f
&;1:
fl1:lf
cf!~f;{t~;:;l~s
E~Yi~:~g ~~tr~:·
l'J~~~
f{g~~!~~)
oi
Payable to a surviving wife or child upon the life of a tleceased husband
16. All monevs
ari sing from fire or other insurance upon any property exerupt from
ia1e on execution. 17. All moneys, relief, or other benefits payable
0 or to be rendered by any police department associatinn, fire
depai:tment association, beneficiary association, or fraternal benefit
association, and any person entitled to assistance therefrom or to
certificate holder thereof or beneficiary under such certificate.
f · Any claim for damages recoYerable by any per:·on by rea.son
0
any levy upon or sale under exec-ution of his exempt personal
Property or by reason of the wrongful taking or detention of such
sroperty by any person, and any judgment recovered for such
amages. 19. The earnings of the minor child of any debtor or
~he Proceeds thereof by reason of any liability of surh debtor not
ontracted for the special benefit of uch minor child. 20. One
~air of the earnings of the wages or salary of any per-on for bis per0n!),l services rendered at any time within thirty days next precedmg the levy of attachment, garnishment or exerution when it
!PPears by the affidavit of the debtor or otherwise that such earnine;s
i~e nhecessary for the use of the family residing in thi'> state, supported
w ole or in part by him. 21. All arms, uniforms and accoutreebnts required by law to be kept by any person. and also one gun
...... of any fire
ct° e selected by the debtor. 22. All fire enginesThe
property deepartment. 23. All courthouses, jails, etc.
clared to be exempt by this chapter i-:hall not be exempt from attachment or sale in any ac:tion brought or judgment recovered for
~~hpurcbase price of such property so long as such property remains
e possession of the original purchaser. ( ee Homestead, Liens.)
~auds and Fraudulent Conveyances. Agreements must be in
Writmg_and signed by the parties to be charged: 1. Ily an executor
~~ ~nunistrator to answer for the debt of his testator or intestate out
or father, not exceeding ten thousand dollars.
t~Y
f
\~;o~e~!· a~1:e~~~~
a ¥~~g~r!~
rnisc!r~~ee~iai:;;oth!·r.
~ade Upon consideration of marriage. 4. For sale of real estate or
ase thereof for a term lon~er than one year. 5. Those which are
~t to be performed wit,hin the space of one year after the making
chereof. Every gift, conveyance, or assignment, or transfer, or
d arge upon any estate, real or pe~,onal; any suit commenced on
ecree, judgment, or executions suffered or obtained, or any bond
~~other writing given with intent to delav, hinder, or defraud creditb · • PUrcha.c;;ers or other persons, shall to" such persons be void. All
<l~gains, sales, and other conveyances of lands, tenements, and bereaments, deeds of settlement of marriage, deeds of trust. and morti~i;s, are void as to creditors and subsequent purchasers, without
<;e, unless properly recorded. The creditor must be a judgment
:editor, and notice must be prior to date of judgment lien. A judgent creditor may be an innocent purcha'>er. Every gift, convey~~ce, assignment, transfer or charge made by a debtor, which is not
er~~ consideration deemed valuable in Jaw shall be void as to prior
cf itors, if debtor had not then other property in the tate suffi..,;i~t to pay all bis indebtedness. Not on that account, boweve,r,
sh as to subsequent creditors. No gift of any goods and chattels
byan _be valid unless duly acknowledged, or proven and recordeq, or
Wfthwiu, or unless actual possession shall have come to and remamed
the donor or some one claiming under him. Fraudulent intent
ls
Qduestion of fact and not of law. Conveyance shall not be adjudged
u ulent merely because not for valuable consideration. If any
~~o!l shall do or transact business as a merchant or trader, with the
Ilk it~on_of the words agent, factor, company, or & Co., or words (?f
e s_ign1flcance or import, and shall fail to disclose t,he nam1; of his
c~~cipal, or partner, or other person who may be interested m i,uch
by a sign in letters easy to read, placed conspicuously at the
1 mess
Where such business is transacted, or if any person shall transact
ci:e
~ness in his own name, without any such addition, all the prop~rty,
ex k, money and choses in action used or acquired in such busmess
th cept such property as may be exempt from execution, hall, as to
creditors of any such person, be liable for his debts, and be, in all
Pr Peets, treated in favor of his creditors as bis property. Criminal
osecution for fraud is provided. (See Conditional ale.)
h G!lrntshment. Writ may issue: 1. Where writ of attachme_nt
a~ issued. 2. Upon affidavit that the debt is just due, and unpai!f,
his that d_efendaI?t has not, within affl~nt's know_-ledge, property m
tha Possession subJect to execution sufficient to satisfy such deb~. and
a t the writ is not sued out to injure either the defendant or garrushee.
Upon j_udgment, when affiant makes affiqavit that. the ~ef1;nda~t
T not, within his knowledge, property in bis po. e s_1on within this
<liei:r~tory sufficient to satisfy said judgment. Proceedings under suJ:?tl vision 2 requires a hood in double the amount of the debt, condi~ned that plaintiff will prosecute the suit to effect, and pay all
eu?iages and costs that may be adjudged a(l:ainst him for wrong:fully
Ill ng out the garnishment. The proceedings are docketed and Judgent rendered a.c;; if in an independent proceeding. ( ee Attachment.)
1J0 1idays. Legal holidays are January 1, February 14, February
l)' Uly 4, October 12, Thanksgiving, May 30, Decembe! 25, Arbor
anay, La!lor Day, every Sunday and general state election day, or
c:la.Y special election day that may be called by the governor, and any
bafucappointed by the president or governor. Any promiss(?rY no~e.
check, bill of exchange, acceptance, or other negotiable met
Ofl'Urnent, mado payable at any future period, which falls due ?n any
theth ese days mentioned, shall be considered due and collectible on
day following and if January I February 14, February 22, July
4
u' 0 ctober 12, December 25. of May 30, and Arbor Dar shall fall
le~? ~ un_day, then the Monday following . hall be consider!3d a.'> a
lll'oh' hohday. Writs of injunctions, attachments, replevm, and
ibftion may be i sued and served on.
tx110m"? tead. Deed to. must be signed by husband and wife. (See
einptions.)
th lfusband and Wife. All property, both real and personal. of
l'f e husband or wife, owned or claime~ by hi!D or her before marth,e, and that acquired afterward by gift. devi.c;e, or de cen~. as also
ee increase, rents, issues, and profits of the sapie, shall be _his or her
infnarate property. The earnings and accumn!at10ns of the :vife and her
and or children in her custody while she has hved or may live separate
\\ife apart from her hw band, shall also be the separate p_ropert:y of the
II'lar ·. All property acquired by either hust:iand o~ wife dunng the
ear riage, except that which i acquired by gif~. devise, o~ descent, or
ltvened by the wife and her minor children wlule she bas lrved or may
Pro separate and apart from her husband, ball be deemed the common
dis Perty or the husband and wife and during the coverture may be
tli"risect of by the bu. band only. :\Iarried women of. the age of
or th tY-one years and upwards shall have the same legal r_igbts as men
cont e age qr twenty-one year and upwards. except the right t_o 1:1ake
llhaiacts bmding the common property of the bnsha.nd and ,nfe, and
an } 6 ubject to the same legal liabilities. ( 'ee Dower, Convey-
Bl.
!1;;w;!~~~
rr:
re:
ties
tes
itY'
ous
tier
has
2l
8
res\~J~nction. Is issued where party is entitled to ~elief_ ~d
tlon alDt, is required of ome prejudicial act; where, _pendrng httga.Whe' an a~t is done which tends to reuder j½dgm~nt mefl'ectual. a~d
conu\~Pl>hcant i entitled under pri11ciples ol eqmty. Under certaif
l3on i Ion may be granted ex pa.rte at chambers or by consen. •
COl!ed 1!}ay he fixed by judge and approved by clerk, except to restram
such c~ion of money judgment, when it mu. t be double the amount of
Judgment.
Pe!~Url.es-P<'rsonal. Employer's Liability and Compulsory Comtion laws in force.
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
Insurance. (See special chaptor pertaining to Insurance.)
Interest. JI.lay contract, in writing, for any ratf> of, not, exceeding
Any rate exceeding thi · i. usurious. "hen
no _express contract, on bond, bill, note, or instrument of writing,
or Judgment, for money lent, or due on settlement of a<·counts from
~ate of 1;1,scertained balance, and money received for use of another,
mterest 1s computed at 6 per cent per annum.
Jud~ments. Judgments of superior courts become a lien upon all
real estate of judgment debtor in the county as soon as entered and
doe;keted. Upon filing with the clerk of the superior court. a transcript;
of Judgment from just.ice court or of superior court of auother county,
the same becomes a hen on all real estate of judgment debtor in the
o execution can be issued on any judgment aftcr the
cou!ltY ..
expir~tion of five years from the date of its renclit.ion and entry, unle.
such Judgment be revived by sci.re facias or action for debt be brought
thereon within such five years.
Judicial Bonds. (See Bonds.)
Levy. (See Executions.)
For gamhling prohibited.
Licenses
Liens. All persons who may labor or furnish material'> in the consti:uction or rep~iring of any building, supei·structure, canals, dams,
mmes, or other imprmement, or cuts cordwood, shall have a lien on
the same, and in case of buildings and superstructures. on the lot of
land whereon t!Je same i'> situate and connected therewith. To fix
and secure the hen, the person performing labor or furnishing material
must. within sixty days after the completion of such labor or the furnishing of materials, file his contract in the office of the county recorder
where the property is situate. If the contract be verbal, a duplicate
copy of the bill of partkulars should be ma.de, under oath and one
delivered to the recorder and filed for record and the other 'rurni'>hed
the party owing the debt, or his agent. Laborers' and like liens are
preferred to all subsequent liens, mortgages, and incumbrancec;;, and
such as lien claimant had no notice. Suit to foreclose such liens must
be commenced within six months after filing thE' same in the recorder's
office. In case of the levy of writ of attachment or execution, clerks
laborers, and employes of dobt,ors have a preference claim for wages
for service performed sixty da:-is before levy of writ, not e'<ceedine;
$200. upon filing notice of c-laim tmpaid with creditor, debtor, and
officer executing writ. Proprietors of hotels, boarding houses, and
lodging houses have special lien on all property or baggage deposited
with them by guests for price of guests' entertainment. Agister and
liveryman have lien by statute. (See Judgment, Mortgage.)
Limitations. To recover realty against person in peaceable and
adverse possession under color of title, three years; against such possession where person pays taxes and has deed recorded, five years, otherwise ten years; to recover lots 1n city or village against person having
recorded deed, and pays taxes, five years; where party in possession
claims by right of possession only, two years. Personal ActionsOne year: Personal injuries, malicious prosecution, false imprisonment, libel, slander, seduction, breach of promise. Actions for relief
on the ground of fraud; must be brought within one year from discovery of fraud. Two years: Trespass to property, detention or
conversion of personal property to own use, taking and carrying away
goods and chattels; and injuries to per on where death ensues, to
accrue from date of death. Three years: Actions for debt not in
writing; on stated or open accounts other than mutual between merchants or their factors and agents; all accounts, except as between
merchants and !actors and agents, limitations run from date of each
item of delivery. Four years: For penalties or damages on any bond
to convey real estate; between partners for settlement of partnership
accounts; on mutual or current accounts between merchants, their
factors or agents, to accrue from cessation of dealings; upon judgment
or instrument without the Territ,ory; bonds of executors, adminis•
trators, or guardian, after death, removal, etc.; specific performance;
to contest will after discovery of fraud; and where no provision is
otherwise made. Five years: On domestic judgment where execution
has been issued within one year after rendition. Six years: debt
evidenced by writing within the state.
Mines unpatented are real estate for the purpose of inheritance and
conveyance. Location requires se¥en monuments, three at each end,
and one at discovery, in which notice is to be placed on discovery;
title work consi ting of a shaft 4 x 6 x feet deep, or its equivalent
in an open cut so that mineral in place is discovered 8 feet from the
surface must be done and notice recorded within three months, and
annual assessment work amounting to $100, maintained each year
thereafter, until patent is ordered.
Minors. (See avings Banks.)
l\>lortgages. Mortgage may cont.ain power of sale. Whether it
does or not, mortgage may be foreclosed by suit in superior court.
Failure of mortgagee to lawfully release a satisfied mortgage for seven
days after demand for the release, subjects him to liability. for $100
and actual damages. Mortgages on real estate are executed, acknowledged, and recorded as conveyances of real estate. (See Con•
veyances, Chattel Mortgage, Acknowledgments, Redemption.)
Notary Pub11c. In all certificates and acknowledgments the date
of exph at ion of commission must be stated, as "commission expires-"
o certificate of holding office, etc., is required when notary acts in
foreign state or country.
Totes and Bills of Exchange. ( ee Bills and Notes.)
Partnerships using fictitious name may file certificate showing
names of partners with county recorders. Foreign partnerships may
do so.
Powers of Attorney. No special statutory provisions relative to.
To confess judgment must be executed ubsequent to maturity of debt
confe ed, and mu t be acknowledged. To convey lands or release
mortgages should be acknowledged as deeds, and recorded.
Probate Law. (See Savings Banks and Administration of Estates.)
Protest. Liability of drawer or lndorser of bill or note may be
fixed by regular protest and notice. etc., according to the usages and
custom of merchants. (See Bills and otes.)
Recordi.. The superior courts of each county are courts of record.
The recorder's office in each county relates to title of real e tate
and personal property, and probate record instrument therein is
notice. The minutes of the Sanitary Live Stock Board are notice of
all brands and marks of live stock.
Uedemptions. From sheriff or judicial ales, six months, by
debtors or succe i=:ors in interest; any lien holder may redeem within
three months thereafter by serving and filing statu~ry notice, by
sen·ing notice in five days after end of said six months. The same rule
applies to foreclosure of mortgages and trust deeds whether by court
or under powers of sale.
Ueplcvin. For po session of specific personal property which has
not been seized under any process, execution or attachment against
the property of the plaintiff.
Sales. The "uniform sales law" is in force.
S<'als. Addition or omission of ceals or scrolls to instruments ot
writing in no way aiiect the force and validity of the instrument.
Instruments executed by corporations must have a corporate seal
attached.
10 per cent per annum.
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
Servi<-e. All surnmous upon persons shall be per.·011al, or by leaving
a copy with copy of complaint at the usual plaro or resideuce, or
defendant, with a member of hi.· family over the a!:\'e of siicteen years;
again t incorporated city, or town, or vi!lag ; upon major, clerk,
secretary, or trca-;urer; again'>'t incorporation or joint stock a . ociation, upon president, ncrctary, or trea urer, director or local agent
representing company, or by leaving a copy of .:ummons and complaint at the principal oflil:e during office hour·: upon any railroad,
telegraph, or express company, or any agent of such company who
resides in or may be found in the county where suit is brought; upon
domestic corporation by erving on statutory resident a"ent, and where
there is no officer upon whom service can be made iu t-he State, service may be had by delivering du11licate copies of summon, and complaint to the secretary of the Corporation Commi:· ·ion, and upon
foreign corporation by delivery to statutory agent. Personal service
of summons ma:r also be had by serving upon defendant by registered
mail, as provided in stat.utes.
Suits. (See .Actions.)
Taxes. Aside from tho e levied by legi. lath-e enactment for
·pecific purposes, as for the construction and maintcnan<'e of public
in. titutions, etc.. 'tate taxes are levied by the tate Board of Equalization; county ta. es by the boards of supervisor,- of the . everal
counties, and city tax s by the common coun<'ils of the various cities.
Railroads are valued for the purpose of taxation by the 'tate Board
of Equalization. Other property is \·alued by count.y a.sse:;;sors.
The asse · ·ing of value beg-ins in February of each year. Taxes
are levied on the third 1onday of August in each year. The lien
:11t1! ~~:i. 't11~1
0
~d Le [hi~t~}~~~:1:/.\~ i~\acJ~p1~~;irnr:'~ned
~!~~;~!s cl~~
become delinquent if not paid on the third .:\fonday of December.
The penalty for· dcli1H1uei1<·y is :; per cent. Within GO da.\·s after
delinqueuc~· act.ion ma:v be r.orumeneed in clistril't court to forec]o.·e
delinquent real estate tax liens, and property sold as undor execution.
Personal property ta.· is collected by distress warrant. Taxe.· after
delinquency draw int ere ·t, at one per cent p<'r month after action
commenced to force-Jo c tax lien penalty of t weuty-th•e per cent is
added. There i doubt about the right to redeem from tax ,al s.
'\Varehou,;es. Personal property in, ma~• be sold for unpaid
charges.
Transfer of Corporal ion Stocks. (See '01·porations.)
'\Vllls. Wills must be in writing, shmed by the testator, or by someone for him, in his presence and hy his direction, and must be atte.ted
by two or more crc<lihle witne ·es above the age of fourteen :rears, in
\ hen the will is wholly
the presence of each other and the te. ta tor.
,Hitten by the testator, no \\itnesses are nece ·..:ary, .. lUH'ttpath·e
wills may be made when property w iUed 1.loes noL exceed in value
50, unless it be proved by three credible witnc' c,; that the te tator
called on some person to take notice and bear testimony that such is
his will, and that the tesLimonJ·, or the substance thereof, was committed to writing within six days after the maklu~ of such will; in
Vilb are revocable by
sur.h ca-;e the amount willed i.· not limited.
·ubsequent, will, codicil, or declaration in writin~. executed with like
formalitie, as in execution of will, or byte ·tator de troying, canceling,
or obliterating tho :a111e. or catL-;ing it to be done in Ws presenr-e, or
by ·ubsequent marriage, and 110 provi. ion is madt:1 for wife. Foreign
wills, the probate whereof is <luly authenticated, may be probated
here. Oontests of wills <·an not be initiated after one yrar from date
of probating.
Actions. Suits are prosecuted under a reformed code of civil procedure differing from the ~ Tew York code chiefly in maintaining the
ct· Unction between law and equit)·.
Adn1ini.·tratlon of E tate . Executors and admini,,trators must
be re idents of the ··tate and mu t give ond In double the · Jue of the
property. Foreiim executors and admini trators can maintain actions
in our court . ( !aims are paid in the followin~ order: I• irst, funeral
expense ; second, expenses of last illne,;s; third, jmlgment;; which are
liens on the land· of the dee •a.sed; fourth, demands presented with!D
six month~; fifth, demanris presented within oue year. .All deman:;3
1
11
g~t ~e:~Ij~~1i t :trJ~e~~!~e ~t~t~;ot1&i:ri~~sb~e~t~~tcf \\~
toward their satisfaction except ·hat- is credited thereon, and that
the .·um demanded. naming it, is ju tly due. Demands 111u.·t, flrsL _be
presentPd t0 the executor or admiuistra&,pr, and if disallowe<l hy luID
may be pre. emed to the probate court,, or sued upon in any court of
competent jui·isdiction. c Totes and debts secured by mortgages or
deeds of trus't must be probated as any other claim, and if not presented to the exe ·utor or arlministrator within one year after appointment, ar barred hy the ·tatute of non-claim of one year. When
the note or debt is barred this c-arrie · "ith it a barring of the mortuage
or deed of tru:-,t given o secure the not or debt ."
ffida\it in this State are marle before a jurlge, ju tke of tile
peace, notary publir, or clerk of the court; without the . 'tate before
a jud~e. mayor, notary public, justke of the peace or commissioner
for this tate.
liens may hold and tran ·mit property in all re:pects a-. n•sident ·
rhitration. ('()lltro,er i s may be submitted to arblrration, and
the award of the arbltrato i filed in court, and i subjec-t to re\ ieW
on equitable> principles only, and not for matters of form. \\Thell not
set aside thr>y are enteretl of rncorcl and beeome the judgmL•nt or decree
of the court.
Arrei-.t. Defendants may be nrrc~ted for debt only whrn the
plaintlfl' files an atfidavit charging that th!.' dcht was fr:rnclul ntl~ con·
tract cl: that it i just, giving i amount, and that he bell ve. that th8
defendant is al>out to depart from tlie tat1•. and nith in ent to d~fraud hi ('reditor..:, has concealed or remm cri from th ::,;rnte 111s
of the court after ju<ilt
prop rt) or so muC'h t11ereof that the proc
~1~tl~!~ed
ii~; fuc•;,:~ ~~1~· ,;:: ii~u~1d~il;;r,~~•~\. tb~e ~~i1~;>d~;.t l~i~\;~t~~1;',t]' L~f)~~:t
1
1
to depart from the State not leaving .-um<'ient propPrt~· therein to
:ati,;fy the plain ill':· claim. Bond mu..st be 11:h· n conditionPd 10 paY
the d fendant all damages that he may su 'ta.in if wron~fully arrcstod·
sslgnnwnts for the len fit or Creditor may b• gemrttl or
partial, "ith or without pr ~ rence , and wJiere all the dP 1 >tnr·s proP·
erty is convc~•cd. may c act 1·rlca e. ; a rondil ion or pref1•n 1wP. 'l'h 6
1
~:u~anz-in~Wr;;n'.!~r
the propertJ· to the be ·t ach ant age :u1d pay thu pro,· 't!ds to th<' eretll·
tors lll<'nlioned in the a signment according Lo it· t<•rnis. and faithfullY
perform his ctutie according to la,\. Ile mu t s II wittiin l~O daY5
all propcrt~• except the cho ·, in a<'tion, whieh he is required to cxi!lort,
the Lale to he at public auction after thirty day. 'notice. _\s: i!rnment
ar' ,·itiat d bl· the fraud of tho a ignor alone en· b)· an:r pro, isioD
,arring from the reriuiri>ment of the statute. ~\ttac-k up,m thclll
are made by pmceeclings in cqtiity, and, if they arc . et a hie, the
proceed· are distributed equally among all the creditors, _\s-<ignees
close up their aC"count · und r the direction of the cha1wery n1urts.
C'orporations can not prefer crodito .
ttaC'lunent'i may he su cl out ,\ here the defendant i · a fnl'cigII
corporation or non-resident, or h~· b en ab ·cnt from th• •·tate four
month·, or has left the 'tate with intent to defraud his creditors, or
has left the count:,;.· of hi: re,.,iden<' to avoicl the sorvil'e of summon~,
or conceals himself so that summons c·an no be -;ern~d on him. or 1
aboui to remo,·e or has remo\·ed a mat rial part of his property otdt
of the State. not lea,·inl! enou~h to ·ati-.f~· hi." creditor.. or has sol ·
COJl\"eyed or othen\, e clispos d of hi propertv, or sufrc•rccl it, to be
,old with the fraudulent intent to cheat. hi der~ or delay hi,, r-reclitol'S,
or i · about :-,O to do. It is obtained by fll'nit au affi<laYit stating the
nature of tho plaintiff•. claim. that ft Js ju ·t. its amount and the exi tenee or tlrn ground, and by giving boncl eonditioned to pay all clamages
the defendant may .ustain if the attarhmont is wrongfully sm•d out.
The defP11dant is allowed to traver ·c the attachment. and the aflldl!-Vdlt
and tran•r. e then . tancl as pleading: upon which tlw · 'UC i,; tr1e ·
If the attachment is dl ·olved. the dof nrlant may ha,·e an n se. sniebn!
of damag 's upon the hond in th same , uit,. Persons cl, iming t
attached property may int rplead in the nmc action. .\ttad1111ents
may he sued out befot•e the de> is due where the defrudaut has sold,
, con\·cyed, or othen·ise dispose() of hi' property. or J>errnitted t t,o b8
sold with the fradulent intent to cheat, hinder or delay his eredlt01;'i
or is o to do, or i: ahout to remove his proprrty, 01 a material pa
thereof. uut of the .State with the intent of cheatin~. hind<!rin!:\' or dclaf•
ing hi· 1-reditor ·.
Banks. The IJaul in!!' bu inc i • controlled bv a state bank dopa!'t·
ment under th tlirection of a bank commi sioner. .Any flve or mor;
per. on . th· majority of \\hom mu t bt• re idents of this :late. ma 1
apply to th' com mi. ·sioner to he incorpo.-ated and the share,- of <'aPJ.taJl
sto<'I, shall be noL Je,. thau ~5 nor more thau .• 100 ea.ch; applicau 0
may abo be made by an indi\ idual or firm and :hall th •n he in sue:
form as the commissioner may pre cribe at d such individual or fir
shall adopt a nanP \ hieh \\ill ·how that it is not incorporated: ~1
property owned by. uc-h hank hall b held in tho 11am of the bat U
anti not in the nam of the individual. composiu~ the firm and a
bank arc exempt from cxcr·nt iun hy anY
a ·sets of any such prh a
l'rcditor_or such individual or tlrrn _un~il.all llabilili •so'. tlw. hanl,_ hnV~
been paul: upon the death of an 111d1v1dual banker l11s \\ Hlow is nhoe
SYNOPSIS OF
endoWl'd of. n~· proi,crty of the hank cxcopt uch as romuin afl er t
iJ
pavment of all d •positor · a.ml other creditor .
rTo corporation. ltrm or indh idu I ma)' do a bankin!?:' bu inc ,, unt
a fee of one-tlfth of one per c nt on th authoriz I 1·apltal tock ,-b~,e11
mo ra _
haY h n pair! to th bank commi ioner. .F t' at th
mu t b' paid on each increa: e or th capital toek anti for eaeh meJI~
the articl nr a,zr me11t, e eept 1or an i1wrea=o:
mentor supplement
RELATING TO
of c.apltal stocl,, there. hall b paitl an additional fee of 11J. 'J'hCr_
i · nl. o du th cl)Jnmi · ioner nil annual feo of 15 in; dtlition to paY
•
mt•ut of fifty c nt ou earl] 1.000 of th bank'-. capit I t'lc-1 .
BANKING AND COMMERCIAL USAGES,
The fully paid-up capital toe!· of any bank or anized aftc r th PO:-'u
sage of the banldn" act ( 1 r ·h, 1913 cannot I , le th u 10,oo_o.165
than 2, -oo inhabitant , not If' · than .?O ooo in c1tt
C'itie. ha ii" I
Revi eel by EltER o , Do.·RA. • REPllERD,
haYing more than 2,500 nnd le than ;;,ooo inhabitants, not Jo. thtfs
ttorneys at Law, Little Hoclc.
. •>5,0 o in dtlc. mon• than .'i,000 and I s tba11 1o,onu iuhahiti!Jl
C'ee Card in Attorneys' Li. t.)
an,rl 11 ,t le. · ~han ,'j0,000 in cit ie ha,ing mor1 than 1O,(HJIJ inha!Ji~aut~
fhc I ankm" n1• lo not pply to tru t ·omp:rni \\ ho m11111nt1 1
f
capital to ·le i ,i0,000.
prO\ o ti1Cm\cl·ount-, ym·10cd by the plaintiff a.· ju.-t and corr
Th ntrairs of an incorp ,rat I hank are ontroUed b3 a b 1ard 08
denied nnd 'r oath.
seh es in suits thereon uni
tbd
I,
t
mu
director
each
ldcrs,
tockh
the
from
n
C'b
directors
\ckno\\ lcdgrnent. may he 'taken , ithin th . tate before the
than .jQ north of tock, par vnluc fully paid-UP all a
owner of not I
. upreme or ·1rcuit court., or a ju1lge thereof, or cl rk of any co•·rt of
not h ·p th a ed; e, ery bank mu bay on hand at all time a."
record. or a justice of ho peac . or notary public: els where in tne
11.e
r en e n much as 1,5 per •nt of the avgr ate of it. cle111> it .
United States before any court having a. cal, or clerk or such court,
. ·tod·holdcrs are llabl • for tho d ht of th• hank in the . um of t b
notary publ:<.:, n ayor ha,·ing a -;eal, or commis. ioner of rkansa.: :
par value of their ·tock in addition to the amount inve. ted in uc
without the mtetl ~ta -; heror any court bavin~ a ·cal, mayor of a
.tock. ( \ct _To. 113, \ t~ of Jt 13, p ~e G2).
city ha, ing a s I. Vnlt<id :tat ,., consul. or any otllc r authorl/.ed h. •
11
J. Te otin > e
Rill . l.xch ngc and 1•ron1l, on· • 'otc... '1 h
tho laws or such country to probate COil\ •ya11c ,. of real e tate, profn..,trum nt Law\\ nt into eif C't on prll '.?2, l!Jl3.
' idod he has a C'.al.
0
1t11~/t~l'~~wr~x~~:l~:~e t~~~)r:~;f /;;~};rj~;t1 l~;t,~(~eµ
i
THE LAWS OF ARKANSAS
N
UDle
on a
in f
sho
for
it fc
the
abo
per.
who
Any
be <
twe
the
hav
day
me
sen
tha
her
da
or
2p
Tc
on
Un·
10
thi
Pia
6 Tl
St
me
at
da
il prong tbe
f the
efore
sioner
dents.
1. and
eyieW
n not
ecree
such company be a co-partnershil) or unincorporated association, it
shall also file a copy of its articles of co-partnership or ai;sociation and
all other papers pertaining to its organization; if it be an Arkansas
co_rpo1·ation it shall tile a copy of its articles of incorporation, co11st1tut10n and by-laws and all other papers pertaining to its organization; it' it be organized under the Jaws of any other state or territory
or government, incorporated or uuinco1'J)orat.ed, it shall file a copy of
the laws of such state or government under which it exists or is incorporat~d •. and also a copy of its charter, a1•ticle~ _of incorporation,
con.st1tut10n and by-laws and other papers pertanung to its organizat10n.
The Bank Commissioner shall examine all such papers and may
admit or reject such company in his discretion; a company rejected·
or whose right to do business is revoked by the Bank Commissioner'
!Day, within twent;v dars, ~ppeal to _the chancery <;ourt of any county
m ~he state where its prmc1pal office is located or prmcipal agent resides.
If 1t be found that the refusal or revocation was justified, the cost
shall be paid by the company; o-therwise by the state as provided by
statute.
Any individual or persons, co-partnerships, corporation companies
or a,:;sociat on, domestic or foreign, which shaJl sell any buildin•,. or
investment contracts or like securities on which payments are t; be
made from time to time, shall first enter into a bond with the State of
Arkansas in the sum of $20,000 for the faithful performance of its
contract.
l•'oreign Corporations shall, before doing business in the State by
its president tile in the office of the secretary of 8tato a cert ift;•ate
under the seal of the company naming an agent, who hall be a citizen
of this State upon whom service of proces. can be made. The certificate shall sLate the principal place of business of the corporationaocl service on the agent shall bind it. The corr)oration must also
a certified eopy of its charter together with a statement of its assets
and liabilities, and the amoun1, of its capital employed in this state
in the office f the secretary of State, and in tho office of the county
where it opens an office, and must pay same fees as are required of
home corporations. It must also file a resolution of its board of
directors consenting that service of process on any of its agent,s or on
the secret,ary of State shall be a good service. Cf it sues in the federal
court or removes a suit t,here wit.bout conf-ent of its adversary its
right to do bminess is revoked. Doing business here "'i.thout compliance with the law subjects the corporation to a fine of not less then
$1,000. These requirements do not apply to railroad or telegraph
companies that had built lineR in the St.ate prior to Feb. 16, lbil!l. If
any corporation fails to appoint an agent, service of process on the
auditor of Htat,e shall bind it. No foreign corporation can sue on any
contract made in this State until these provisions are complied with.
Courts. 'l'he supreme court is held at Little Rock and has juris~
diction of appe.als from the circuit, and chancery courts. In al! counseparate courts of chancery have been established. The estates
ties
merchant.
law
the
hy
Collaterals are governed
of deceased persons are entrusted exclusively to tbe probate com·ts
with righL of appeal to the circuit and thence to the supreme court;'.
,.,. Contracts touching commercial matters; are governed by the law
.... erchart.
Claims against counties are heard by the eounty court,. as also matters
touching paupers and the like. The justices· courts have juri:sclirtlon
k Conveyances may be either witne. ·sed by two \\ itnesses or acof matters of contract not exceeding S800, and matters of tort not
bnowJedged. (See Ac-knowledgments.) 1f witnes'-'cd they are proved
<~xcecdiog $100. Two terms of the circuit and chancery couri, and
a f the oath of two witnesses, and are then entitled to record.as ~h~~gh
four of the county and probate courts are held in each county i,er year.
t cknowledged. Dower can bo relinquished only by the w1f~ Jommg
needs. (See Acknowledgments and <'onveyances.)
0 husband.
The wife may convey property acquired si~c~ <_)ct,oher
3
De1>ositious may be taken in t,he State before any judge or clerk of
or'bl8'.4, by deed as a single person without her husband Jommg her,
a court of record, justice of the peace, mayor, or notary public; out
) Y Joining with him in tho form above. The wife may convey by
0
of the State hefc,re a commissiouer for this St.ate, judge, justice of the
DJeds
~ 'Yer of attorney and make executory contraC'ts of sale.
peace, mayor, notary public, or person commissioned by the court or
se~lch have been recorded and are properly acknowledged pro,re themby consent of parties.
Pr ve:-;,_ Any substantial departure from the form of acknow!edg.ments
s· escr1bed hy the statute such a.:; the omis: ion of the words "conDescents and Distributions. Propert.y descends to children and
·;d~ration" or "purposes'." makes the ackno\vlechrment and record
their descendants in equal parts; if no children, then to father, then to
t.01 d; but statutes have been passed from time to time cm•ing defecmother, then to brothers and sisters and theil' descendants in equal
itve acknowledgment,s previously made. , uch a ,statuie was pas. ed ' parts, and in default of such to the nearest lineal ancestor 01· his
a.r l907. A new Cul'ative Act was passed ana approYcd Februdescendants in equal parts per stirpes. ll!egitimate children inherit
Y, 10, 1911.
and tl'ansmit an inheritance from the mother in tho same manner as
if legitimat,e . If the parents of illegitirnabe chilclren subsequently
13 C:~rporations arc organized only under general incorporation Jaws.
intermany and the father recognizes them as his, they shall be deemed
1 ness corporations must consist of not less than three per, om; who
legit.\mate. Jn de~·ault of heirs the whole pl'opel·ty goes t,o husbaQd
el al elect a board of directors. '!'he president and secretary ,~re t5> be
or wife, and m then· default to the State. If the estate is ancest,ral it
seected by the board and the president must be a member of it. rhe
to t,he blood of the ance;;tor from whom it was derived. Relagoes
cr~tai:y and treasurer must reside and keep the books of t_ho comtions of the half-blood inherit equally. Heirs take as tenants in
Wl~hin the State. The articles of association must be signed by
cmn1non.
Pae .President and a majority of the directors, and must be accomDower. "\There there are children the wife takes one-third of the
Pr 111 ~d by a certificate signed in a like manner and sworn to by the
husband's personal estate absolutely and one-third of the real estate
thes1ctent and a majority of tbe directors. setting forth the purpose of
of which lJ.e was seized at any time during the marriage, for life. \Vhere
the amount of its capital stock. the amount actually
Pa~dC<;:>rporation,
there are no children she takes in a new acquisition one-half of the real
b 1 in, the names of its stockholders and the number of shares he!d
and personal estate absolutely as against heirs, or one-third absolutely
each. respectively and tho articles and certiflcate must b~ fil«=:d m
as against creditors. If it is an ance tral state, she takes one-half for
tr C ~IIlce of the clet:k of the eount,y in ,yhich the corpo)·at1on JS to
life against heirs and 011e-third for life against creditors.
ol~sact business and then with the clerk's endorsement m !,he office
Executions from the circuit court are returnable in sixty days,
co e secretary of State. Tho stock can be transferred only ~1pon ~he
those from justices' courts within thirty. They may be stayed for
th l11Pany's books, and a record or the trausfer bas to !;e deposited with
months by giving bond. They are a lien on the property of the
six
0
re1? <; unty clerk in order to bo Yalicl a. ag;ainst creditors of the transdefendant in the connty from the time (.hey come t;o t,he officers'
sto~1 · The corporation has a lien on its stock for debt;'> due from ~he
'The officer before levying on personal property, the title
hands.
theClthokler,;. The president and serJ'etary are reqmred tt~ !lie mth
to whi ,1 is doubtful, may require the plaintiff 1,0 give him an indemiu county clerk an annual statement of it fu1auc1al coud1twu .. and
and then suit mus1 be brought hy Urn r:laimant upon
boncl,
nifying
drrecthe
If
debt:.
it.·
for
liable
become
so
do
to
failure
a
of
toiase
the bond. The defendant and other judgment c1·editors have one year
liab declare a dividend when the corporation i ~1 olYffIJt tl:e:y bec~me
which t,o. redeem from the sale of real estate. In case the ,nit is
or ~e for all the corporate debts. Any corporat10n wluch :" _msoh ent in
returned nulla bona t.he plaintiff may proceed by bill of dbco,·ery
erect~- ('eased to do husinoss may be wound up on the suit of any
against the defendant and examine him on oath, and enfol'ce a suren itor or stockholder by a decree of the chancery court. Prefe_rof concealed property by imprisom1Jent.
render
1
hare~ of st<;>ck _are 1:
cle ces l~y insolvent corporations are forbidden.
ExemJ)tions. Unmarried persons are ent.itled to $200 aud married
do~on1a1at,ions of !$2fi or $1 oo. Before any corporat10ns, forc::1gn or
persons and heads of families to $500 in selected articles of personal
tu.us est 1c, <'an do any business in this State. an anuual francluse tax
property as exempt against debts by contract. Perso11s who are
l)cr t. be miicl to the St.ate Treasurei·. to-wit: One-flftee!}th of ~me
married or heads or families are entitled t.o a homestead as agaiURt all
~toe cen~ eaeh year upon the proportion of the outstandmg c'.1'p1t~l
clebt,s , except the pm·cha e-money, specific liens. laborer·' aud mechanbu. ik. C>_f_ the corporation rep,•e-,ented by property owned and used m
ics' lieus, taxes and claims for trust fm1ds con,·01i.ed. The homestea~
.
•. .
.
E: lle~s transacted in thiR Ht ale:
in the country is not to exceed tGO acres, and in town not to exceed
lllutVet Y. corporatiou doin~ bn"-Jness for profit a:1d orgam:ted as a
011c acre, nor to be worth more than $2,500, but the country homeUot Ual fire, fire, ae<'ident, surety, heal: h or other rnsu!·anca company
stead is uot to be redueed to less thau 80 acres nor f.he town hon1estead
sha1favi11g a canital stoclc and not organized for .chantable purposes
to Je,;;s than one-fourt It of an aero, rcgarrlless of value. The homestead
.
.
Allllay ~n annual tax of Sl00.00.
goes t,o tlw widow and minor ehilclren after the husband's death. The
<loj fol'e1gu or domesti" insul'ance eompames. of ,~l~atsoev~r nature,
homestead can onl~· l)e conve~'Cfl by deed in which tbe wife joins and
or l~~,husiness in this ~tate and havin~ an outstanchng capital stucl,
which is aeknowledgetl by hor, and if Lhe thusband neglecLs t,o claim
l>ani~~ Iha~ :M00,000 shall pay an annual tax of, 100; and s\1ch _c~1mtlle bornest,ead the wife ma~, do RO.
i200 8 havmg a capital st,ock of $f>00,000 or more all annual_ lax: ~f
J<'raud. The English statute of fraudulent conveyances has been
Otbe' this tax being in lieu of tile tax on the capital as provided Ill
• .
cases.
re-enactecl in this St.ate.
hallk ery iuveRtment, company for i"n or dumeo;;ti<;, excep - ntior.ial
Garnisbnwuts may he sued out pending suit upon giving bond in
r-orJ)l~,_'lllcl COl'POl'ation not 'org-anizect"'for pr,)flt incoi'l)OI"ated .~ir_ ll1;1l~~=
double the amount garni.·hed, or after judgment without bond.
lr,tPt· at l, u•hid1 shall sell or neg-0tiate ~be sale of ~ 1~Y. tor,",; co 11
Holida~'S. The follo ving are set apart and designated as legal
~ond' h~nrls or othel' securities of any lon<l or char,11 tc1 nt,J~t tha
holidays: Christmas Day (Deeemher 2t,thl; Ne'IV rear's Day (Jan:s~ue· I of the United States. or or somo mttnicipalit.· authorized to
uary 1st,): July Fourth; Thauksgi\'ing Day (last Thur,;day in No,eml'l~tat, >O!Hls of the HLat.e. and no(es s('•·ur•"l by mort/!~~cs. on real
ber); Washington's birthday (Fehrua1-y 22nd); Labor Day (first
tmenfs;
sna11~1!oc~t.ed in the Htate. or .-ell lrnilclinP: sto. k" 1,r loan 11~ C:1th
J\londa,y in Reptember); General Robt. E. Lee's bithrday (January
a ec
or $,5 lo lt1 the o(Uce of t,he Bank Commissioner, togct tleI w.
19th); All general bienuial election days: Birthdays, Jeftorrson Davis.
th
0
1
~
fcil!ow·· o, in addition to the foos require_<! o~ all ,w :orporatmns,
Proi;:ident of the Oonfetlerate States of America (.June 3rcl); Arbor
<)ocumont.s: A stateme_n(, sbOWJ!lf; 1_n df.tal~ th ~_ 1:11.a_n b~)fl~
\Vhic:h 1
Day (first Raturclay in March, a special clay). When hills become
0 r Oth
·t
;-;·
•~ 1 0J)Oses lo t,ransact, hnsmoss: a com of all _umtr_a<_
on any of' these days, tbey are payable the noxt business day.
duo
1
eonti,·~r lllstrun1e11ts which it proposes to 111.ake "t)h 0 1 sell lo s
October 12th is Columbus Day (a public holiday, hut not, affecting
co1~1p~ny
of
lo~a.t1on
a.ml
nanH'
shcmin?:
i-tat.ement,
a
«llcl a' ~ttors;
paper. or the execution of written instruments nor
commercial
, ll<!h 1.1 l~Otnized aecow1t of ii. actual linauei~l c:ond1t10r~ ~nd an~ o'.
interfering with judicial proceedings).
intormat.iou which the llank ('ouum.·,aoucr nu~ require, 1
No person can be charged as an acceptor of any bill of exchange
Unless his acceptance shall be in writing. If the acceptance i. written
~n another paper than the bill. it shall not bind 1ihe acceptor except
lllh favor of the person to whom such acceptance shall have been
s own, and who, on t-he faith thereof, shall haYe received tbe bill
for a valuable consideration. En~ry holder of a bill presenting
it for acceptance may require an acceptance on the bill; otherwise
thbe bill can be protested for non-acceptance. Notwit.IL,;;tanding the
a ove provisions any one promising to accept a bill is liable to any
Person to whom a promise to accept it may have been made; and
WAho, on the faith of the promise, has drawn and negotiated the bill.
ny person on whom a bill is drawn, and to whom the same may
bt e delivered for. acceptance, who shall destroy it or refuse within
Wenty-four hours or such time as the holder may allow to return
hhe bill accepted or not accepted to the holder, shall be deemed to
ave accepted the same. ,vhen the bills hecome due on any holiday, they are payable the next succeeding busine · day. Instrutl:l.ents falling due (or becoming payable on) Saturday are to he presented for payment on the next succeeding business day; except
thaft insturments payable on demand may be presented for 'Payment
e ore 12 o'clock on Saturday if it is not a holiday. The following
damages are allowed where a bill is protested for non-acceptance
or non-payment : If the bill is drawn on any place in this State,
iPer cent; if payable in the stat.es of Alabama, Louisiana, :Mississippi,
onnessee, Kentucky, Ohio, Indiana, Illinois, or :Missouri, or any point
0 n _the Ohio River, 4 per cent; if drawn on any other place in the
0 JUted States, fl per cent; if beyond the limits of the United States,
Per cent. If the hill be drawn by any person at any place within
lis State, at the rat,e of 2 per cent; if d,·awn by any person at any
giace without this State, but within the limits of the United States;,
StPer cent; if drawn by any person without the limits of the United
at.es, 10 per emit. The .holde1· of any bill prote ted for non-pay:e~ or non-acceptance is entit-led to costs of prote ·t and interest
d tt e rat,e of 10 per cent per annum on the amount of the bill from
a e of p1·ot,est. Tho t,erm llill of Exchange incluctes all drafts or
:ders drnwn by one person on another for the pay nent of a sum of
i,.,.,0 ney specified therein. Bills and noteR given for patented machine. ,
':"'Plements, substance, or instruments of any kind, given to any
cit1z~n of this State, are not commercial paper, unle ·s executed on
~ Printed form, and showing for what consideration they were exeu~ed. This applies to patent rights and rights to use any patented
of any kind. But this vroYision does not apply to merchants
1\.1 dealers who sell patented things in the u.·ual course of business.
sbU J>lank assignments are taken to ha Ye been made on suC'h day as
th a be most to t;be advantage of the defendant. In other re ·pects
e general rules of commercial la\Y apply.
Bills of Lading. (See Wareilouse Receipts and Bills of Lading.)
0
ii°-
~\l~g
i
isb~1
f~ny
t!i
lJ::
n~
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
~f
file
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
1832
BANKING AND COMMERCIAL LAWS-ARKANSAS
Hu8band nnd Wife. (See Married Women.)
Injunctions may Le I. ued by circuit judges. chancellor • or the
judge of !\,DY court in w~lc-.b suit is brought. T!1e person applying
for the mJunction must give bond as the court, or Judge may direct.
Insolvency. 'fhe Su reme Court has held that the Federal Bankruptcy Act has suspended the tate insolvency laws.
Intere)lt. The legal rate of interest is 6 per cent, but parties may
contract in writing for no exceeding 10 per cent. Interest exacted in
excess of 10 per cent forfeits the debt. In computin~ the Interest
commissions paid to the agent of the lender are counted as interest.
Where usury is charged the borrower may go into equity and ha Ye the
debt and securities cancelled without tendering the amount lawfully
due. Judgments bear the same rate of interest as the obligation sued
on. Judgments against counties bear no interest.
.Judginents (See Interest) are liens upon the real est.ate of the
debtor in the county where rendered for three years only. The lien
may be renewed and continued for three years by scire facias. Judgments of the United States and other courts can be made liens on lands
in co~ties other than that ~here they !lore rendered by filing a certified
copy m the office of the circwt clerk. A Judgment survives for ten sears.
.Jurisdiction. (See Courts.)
Liens. l\1ec-.banics, buildE;rs, artisans. laborers, and others doing
any work upon or furnishing any material for any building or erection
under any contract with the owner or his agent, contractor or . ubcontractor, shaJI have for such work or material furnished a lien on
the building or improvement together with the land on which it stand·
to the extent of one acre if in .,he country: if in a city the lot or land
upon which the erection is situated. Hotel keepers have lien on
baggage and personal effects of guests. Liverymen have lien on all
.stock and property left in their care.
Limitations. Suits for the possession of real estate must be
brought within seven years, saving to minors and lunatics three
year. after their disabilities are removed. Actions for recovery of
lands sold at judicial sales must be brought within five years, saving
to minors and lunatics three years after removal of disabilitie .
Actions for the recovery of lands held under tax title must be brought
in two years. Actions for forcible entry and detainer, on contracts
not in writing, for trespass and for libel, within three years. Actions
for criminal conversation, assault and battery, fal e imprisonment,
and slander, within one year. Actions on written instruments, within
five years; on judgments. within ten years; on bonds of executors
and administrators, within eight years. In all cases, except actions
for the recovery of lands, minors and lunatics have, after removal
of their disability, the statutory period in which to sue. Verbal
promises or acknowledgments do not take a claim out of the statute.
One year is allowed after dismissal of a suit in which to begin a new
action. No person can avail himself of a disability which did not
exist at the time the right of action accrued. No endor ement of payment made by the payee or on his behalf is sufficient proof to take
the case out of the statute.
Limited Partner hips may consist of one or more general. and one
or more special partners. The latter of wr.om shall constitute in cash a
.specific amount as his share of the capital, beyond which he is not
liable for firm debu . Those forming such partnership must make
and file in office of circuit clerk of county, and principal place of business, a certificate showing name of firm, names of partners. distinguishing between general and pec1al, nature of business, amount
iJf capital contributed by each partner, period of commencement and
termination of partnen.hip. Business to be conducted by general
partners and suits brought by or against them.
Married l\'omen. The property, real and ~ersonal, of married
:~~:~~::a~c~~,~;;~a~\t~~ttat~:' ~~ga~d ~s eis~~~~s!n~n?s
subject to his debts. If ~he dies without making any disposition of
lier real estate, he is entitled to curtesy. She may carry on any business or perform any services on her own account, and her earnings are
hers, and she may sue alone in respect of her separate property. She
can bind herself by contract only in reference to her separate e;,i:ate or
business. She can not enter into partnership with her husband.
If she does not file a schedule of her personal property, the burden of
proof is on her to show that it is hers.
Mines and ~lining. Under control of commissioner of mines.
.All documents relating to mines must be recorded in the recorder's
office of the county; and miners of the county may make by-laws
regarding the time, manner, and amotmt of work nec-e. sary to hold
claims and other rule. and regulations not in conflict with law. Extensive provisions are made for the protection of the health and safety
of miners. (Acts 1893, p. 213.) Miners have a lien on the output,
machinery, and tools used to secure payment for work done. Three
years' possession of a mine, with work required by law, gives possessory
n:i8tt
right.
Mortgages are not liens as against any one, though such person
has actual notice of their existence, until they are acknowledged in
the form prescribed and flied for record. Mortgages of real estate
a.re recorded in the county where the land lies, and mortgages or
personal property in the county of the mortgagor's residence. If the
mortgagor of personality is a non-resident the mortgage is recorded
in the county where the property is situated.· ales under mortgages
and deeds of trust can be made only after appraisement. and tbe
property must bring two-third. of the appraised value. In case it i
ofl'&red and fails to bring the required amount real e tate may be
offered again after one year and personal property after sixty davs,
and is then sold for what it will bring. The mortgagor of real estate
has one year from the date of sale in which to redeem. In action to
foreclo e a mortga1te. it i · sufficient, defence that the debt (which it
recites), is barred by statute of limitations.
Chattel Mortgages may be acknowledged and filed a.c:; other mortgages, or they may be endon;ed "This instrument i to be filed but not
recorded," signed by the mortgagee, and may then be filed in the
recorder's office with the same effect as though recorded. . . Jortgages
of personal property reserving in the mortgagor the power of disposition are fraudulent.
l\1ortgages and Deed of Trust may be enforced by foreclosure
at any time within the period prescribed by law for foreC'lo ing mortgage or deed of trust so far as the property mentioned and described ,
in such mortgage or deed of trust is concerned, but no claim or debt
again ti the estate of a deceased person
all he probated a"ainst
such estate whether secured by mortqage or deed of trust or not
except within the time pre. cribed by law for probating claims again ·t
said estate.
·
Powers of Attorney. Lands may be conYeyed by power of attorney, which is acknowledged as deeds and record •d in the county
where the lands lie.
Probate Law. ( ee Administration of Estates.)
Protests. ( ee Bills of Exchange and Promi sory ~ 'otes.)
Records. ( ee Acknowledgments,
onveyanccs, • Iort<>ages,
Chattel ).Iortgages. and Powers of Attorney.)
Redemption. (See Executions and l\Iortgage, .)
Replevin. The plaintiff' in replevin may file an affidavit de cribing
the property, stating its value and the amount of damages he expects
to recover, his title, that the property is wrongfully detained by the
defendant, that it bas not been taken for a tax or under proress againd
plaintiff. and that bis cause of action bas accrued within three years,
and upon gh•ing- bond in double its value, the property shall he takeD
from the defendant and given to the pl. intiff pending the suit, unless
the defendant within two days after It i taken givc:s a cross-bond.
Rel-ision. The last revision of the tatutes wa.c; in 1904.
Taxe. are a lien between vendor and purchaser from the first 'M on•
day in December. They are payahle between the first Monday in
January and the 10th of April. Tu case of non-payment a penalty of
25 per cent i. adde<l. I.ands may he redeemed within two ~•ears bY
paying ta.xec;, penalty, and costs , with 10 per cent interest. 1\linors,
luna.tics, and persons in conflnement may redeem within two years
after their disability is removed. (See so Corporat,ions.)
Testimony. ( ee Evidence.)
Tran 'fer of Corporation tock. (. ee Corporations.)
Tru. t Companie must ban• a paid-up capital of s:i0,000, and
in counties witb a population exceeding- i>0,000, they must have a sub·crihed c:ipital of not le. s than .. 100.000. They niay exerci-;e all the
powers commonly conferred on i-uc-h r>ompanies .
\Vages. • ·o assi!:nment or ord<>r of wages to be earned in the
futme to . ecure a loan of less than 200, shall he valid against anY
employer or the per-on making such assignment or order, until such
a ·si1-rnment or order is ace-opted in writing by the employer and the
. aid assignnwnt or order and the acceptanr>e of same bas heen med
with the recorder or the c-01mty where the party making the assign•
ment or order resides, if a resident of the ~tate where he is employed.
o assignment or order of wa'"es to he earned in the future shall be
valid when made by a married man unless the written consent of hiS
wife to making such an a<;si!(nmcnt or order for wages shall be attached,
·warehou. e Receipts and Bills of Ladln,: shall not be given
except where the commodities mentioned are received on t,be premises,
and are under the control of the warehouseman at the time of its
1 · uance.
·o warehou ·eman shall . ell. encumber, ship, or remove
any surh commodity for which a receipt has been given without the
written ru. ent of the bolder of the reecipt. The same provisions cover
owners and agents of boats and ve.· ·els. All warehouse receipts and
bills of lading are made negotiable by written endorsement and
delivl}ring the same as bills of exchange and promissory notes, and no
printed or written conditions, clauses, or provisions inserted in or
attached to them shall in an~• way limit their negotiability or Impair
the rights and duties of the parties thereto, or per ·ons interested
therein, or such conditions shall be void. Warehouse receipts given
by any warehou. eman or other person for goods and other com·
modities deposited. and all bills of lading given by any carrier. boat,
ve ·sel, railroad, transportation, or tran fer company may be transferred by endorsement and delivery; and the transferee shall b8
deemed to be the owner of such commodities so far as to give validlti1a
to any pledge, lien. or tran ·fer given. made, or created thereby; an
no property so stored or deposited shall be delivered except on surrender and cancellation of such receipts and bills of lading, uni~
such receipts and bills of lading have the words "not negotiable•
plainly written or stamped on their face. A carrier may however
deliver to shipper or cousignee goods without presentation of bill of
lading upon receiving from such shipper or con ·ignee bond in double
the value of the goods conditioned for delivery to the carrier tbere-d
after the original bill of lading (acts 1907). Penalties are denouncer
against any warehouseman or other person who shall violate any o
the provisions of this statute. So much of the act ru forbids the
delivery of property except the surrender and cancellation of the
original receipt or bill of lading shall not apply to property replevined
or removed by operation of law.
Wills. A will must be subscribed by the testator or by some person
for lhm at his reque tin the presence of two attesting witne ses, and he
must acl..-nowledge it to be his will to each of them. He must declare
at the time of his s11bscription or aclrnowledgment to the witnesse11
that the instrument is his will and testament. The witnes.ses m~?
sign their names at the end of the will as witnesses at the request uo
the te tat-0r. If, however, the entire will i in the hand-writing or th8
testator, it need not be atte. ted, but may be proved by three witne!i888
familiar with the hand-writing. Such will, however, can not b8
pleaded in bar of an atte. ted will. \Yills are revoked by marriap:e and
birth of issue. unless provision for such issue is made by settlement,
or i provided for in the will. The will of an unmarried woman to
revoked by her marriage. Afterborn children. not n1entioned In tbe
will. take their regular di tributive share. If the te ta.tor fails to
mention In his will any child. or its legal representatives. living at the
time of executing the will, be shall, as to such child, or its representatives. be deemed to have died intestate, and uch child, or its representatives, is entitled to its regular share.
BANKING AND COMMERCIAL LAWS-CALIFORNIA
SYNOPSIS OF
THE LAWS OF CALIFORNIA
first Mon·
,1onday In
penalty of
:> ~•ears bY
, ::\.1inors,
two years
).000, and
ave a sub•i<;e all the
ed in the
ainst anY
until such
r and the
been med
e assigD·
mployed,
e. hall be
ent of hiS
attached,
be given
premises,
me of its
r remove
thout the
ions coveJ
r:;ltts
es, and no
ted in or
or impair
interested
!~d
-R~~ ~;:t-
ier. boat,
be transshall be
e validit~
eby; anu
ton surg, unle~
gotiable'
however
of bill of
in double
ier tber!i
f:~':itc of
rbids tb8
n of the
eplevined
e pers0n
es, and b8
t declare
witnesses
ses must
equest of
ng of tb8
witnesses
not b8
iage and
ttlement,
oman IO
ed in tb8
r fails t.O
g at tb8
epresentr its reP-
RELATING TO
BANKING AND COMMERCIAL USAGES.
Revised by HENRY G. W. D1 ·x:ELSPIEL
Attorney and Counselor at Law, an Francisco.
(See Card in Attorneys' List.)
Accounts. An account is assignable, and the as!'lignee may maintain an action thereon, although the account i assigned merely for
COilection. An action to recover a balance due upon a mutual current
&nd open account or upon an open book account is barred within four
Years. The cause of action on a mutual account is deemed to have
accrued from the date of the last item. In tbe case of an open book
account, each item becomes outlawed four years after its date. (See
Actions and Limitations.)
Acknowled~ents. Before an instrument can be recorded, its
execution must be acknowledged by the person executing it, or if
executed by a corporation, by its pre ident or secretary, or other
Person executing the same on behalf of the corporation, or proved by a
8 Ubscribing witness, or by judgment in an action brought for the
Pllrpose. The proof or acknowledgment of an instrument may be
lXia.de at any place within the State before a justice or clerk of ~he
supreme court, and within the city, county, or t,ownship for which
the officer was appointed or electec, before either: (1) A cl~r~ of a
COurt of record; (2) a county recorder; (3) a court commissioner;
(4) a notary public; (5) a justice of the peace. The acknov,:led~:rnent of an instrument must not be taken, unless the officer taking it
kno'Ys or has satisfactory evidence, on the oath or affirmation. of a
~e~1ble witness that the person making such acknowled~ent 1s the
dividual who is described in, and who executed the mstrument;
or if executed by a corporation that tbe person making s~cb acknowledgment is the president or secretary of such corporation, or _ot!J.er
Person who executed it on its behalf. Officers taking and certifyin,g
&cknowledgments or proof of instruments for record, must authent~cate their certificates by affixing thereto their ·ignatures, also their
Beals of office, if by the laws of the State or c_ountry w)lere the ackn~wledgment or proof is taken, or by authority of which they are
rmg, they are required to have official eals. Acknowledgments
aken out of this State to be used within this tate may be taken
beror_e a notary public, a commissioner appointed br the _governor
this State, a judge, or clerk of a court of record, or m foreign c~uns1°ies a minister, consul, vice-consul, or consular agent of the Uruted
tates, or a judge of a court of record or a notary public.
Actions. All civil actions are commenced by filing a complaint,
UPon which plaintiff may, at any time within one yea_r thereafter, have
a 8 ununons issued. There is but one form of action and the o:nJY
1eadings allowed on tbe part of the plaintilf are: I. The compl mt.
· The demurrer to the answer. 3. The demurrer to the cro -comPlaint. 4. The answer to tbe cross-complaint, and on the part of
:ie defendant : 1. The demurrer to the complaint. 2. The answer.
The cross-complaint. 4. The demurrer to the answer to the
0 ss-complaint.
Adlni.nistratlon of Estates. Upon the admission of a will to
Probate, letters testamentary are granted by the ·uperior court t? ~he
tecutor named in the will, unless he be dead or incapable or unwi;J.~g
act, in which case letters testamentary are issued to an adm1mstrator with the will annexed, appointed by said court. In case ~f
ntestacy, letters of administration are i sued to the bona fide i:esid.lnt of the state entitled thereto, in the following order: I. Relatives
Whole blood entitled to administer in preference to those of half
b100~. Surviving husband or wife, or some competent person nam~d
Y either. 2. Children. 3. Father or mother. 4. Brothei:s. 5. S!s~!'Sb, 6. Grandchildren. 7. Next of kin entitled to share rn thE! dis1~ Ution of the estate. 8. Public administrator. 9. Cr::editors.
• ~Y person legally competent. Where the p rson entitled to
1mstration is a minor or incompetent, letters must be granted ti
(?r. her guardian, or to any other person entitled to lettE:rs o
~lllllli.stration in the discretion of the court.. _Bonds for faithful
eerrormance of duty are required of an admmi trator. and of an
ltecutor unless waived by the will. Notice mu t be ~iven by t be
r:lllinistrator or executor by publication to all tb~ creditors t? C(?me
'1Vhand Prove their claims within ten months after 1t fir -t pubhcat10n.
a en the estate exceeds in value tbe sum o~ ten ~h;ou ·and dollars,
four montru when it doe not. 11. Cla1m:s ari ·ml1.' on contract
Pr ether due or not due or contingent, and funeral expenses must !,:)e
thesented within time pre ·cribed by notice to crt:chtors, otber;wise
tJ!Y are forever barred, unless it appears by affidavit of the credito!-'5
n t such creditor was outside of the tate an~ ~onseque?tly did
receh-e notice. Unle claim is approved ,nth!n the time proto ed for in the notice it i barred, unle. the cla~ant can prove
be.the satisfaction of the court that he had no notice by reason
at 1llg out of the State in which case the claim may be pre ent~
1s any time before a decree of distribution is .ei?tered. Wben a_claim
th reJected either by the executor or admmistrator or the J~dg~.
t.'J..:_ holder must bring suit in the appropriate court thereon w!tb~n
~~ lllonths after the date of its rejection. i~ it be then _due or ,,within
b~ lllonths after it becomes due, otbennse the claim is ,oreve~
l.j ~d. No claim can be allowed which is barred by the tatute_ 0
orrt~ttons. Claims again t the estate are paid in tb~ fo_ll~WlDg
a, er· 1. Funeral expenses. 2. The expenses of th_e last sickness.
JudD1:ibts having preference by the laws of the Umted States. 4.
~ glllent rendered against the decedent in bis lifetime, and modtllla e~ and otber liens in the order of their date; and 5, all other en s again t the estate.
Otl\..\fndaVits. An affidavit to be used before any court, ju~ge, or
!-driieinr. or this State may be taken before any ofllc~r authorizei t~
any ister oaths. In this State every court, «=:very Judge or iiler 0
Pe court, every justice and every notary public, and every O • cer or
d.e~n authorized to take testimony in any action or pro£,C.?di~~• or
~ e Upon evidence bas power to administer oaths and aililma ions.
In tt!fidavit taken in' another State of the United tate~ to be used
gov 18 State, may be taken before a commissioner app~iotedhby ihe
Sta ernor of this State to take affidavits and depositions m sue ot er
ju~• or before any notary public in another State, or bef!)re ~Y
In a e or .clerk of a court of record having a seal. An affidavit ta en
ainb foreign country to be used in this State, may be taken befofe
lln1~or, minister, consul, vice-consul, or con. ular ag~nt O
le
In SU d. States, or before any judge of a court of record havmg a sea,
ch foreign country.
d.~~~ 8 • 1. All aliens eligible to citizenship ~ay take, hold and
i::~ of Property real and personal, within thi: tate.
d
bi ~ l l aliens not eligible to citizenship may acquire a~d posser 13:Il
rd ance with the terms of any existing treaty with any orelgD
rr
i
er
g
tf:n
wtd
JJ
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
°J
tr:1
1833
country of which such alien is a citizen, and not otherwise, and in
addition may lease land for agricultural purposes for three yeari-.
3. Any company, association or corporation composed in the main
of aliens may acquire and possess land in accordance with the terms
of any existing treaty with any foreign country of which they are
citizens, and not otherwise, and in addition may lease land for agricultural purposes for three year1:1.
4. \Vhen it appears in any probate proceedings wherein any alien
i'> an heir that be could take real property except for the provision of
this act, the probate court shall order the sale of such real property
and distribute the proceeds to such alien.
5. For any violation of this act tbe attorney-general shall institute
forfeiture proceedings and upon final judgment the lands shall escheat
to the State.
6. When it appears that any alien or aliens are holding any leasehold interests in violation of the above provisions the attorney-general
shall likewise institute forfeiture proceedings, and such leasehold
interest or its monetary value together with the costs of such forfeiture
proceedin shall escheat to tbe State.
No non-resident alien can take by succession unless he appear
and claim within 5 years after death of decedent.
Arbitration. The submission to arbitration must be in writing,
~g~ri.t f~;~~f~gubt%~~;\/~~st~t~?elt:Uth°:~Y~r~~
f~J>~~g:
t¥l
mis;sion is not made an order of the court, it may I.Jc revoked at any
time before the award. All tbe arbitrators must act, but a majority
governs. Their award must be in writing, signed by a majority or
them, and delivered t.o the parties, and when the submission i made
by an order of the court, must be flied by the clerk who enters tbe
same, after the expiration of five days, in the judgment book, and
thereupon it has the effect of a judgment. '.ritle to real property
cannot be arbitrated. Upon application a State Board of Arbitration has jurisdiction over disputes between employer and employee.
Arrest. In an action for the recovery of money, upon a contract
express or implied, the defendant may be arrested if about to depart
from the State with intent to defraud his creditors. upon order of
court based upon affidavit therefor, also in an action for money or
other property embezzled or fraudulently misapplied by a public
officer, officer of a corporation, or an attorney, factor, broker, agent,
or clerk in the course of his employment, or by aoy person in a !lduciary capacity; also in actions to recover the possession of personal
property where it has been concealed or removed or disposed of to
prevent its being found; also in cases where tbe defendant has been
guilty of a fraud in contracting the debt or obligation for which action
is brought; or in concealing or disposing of property; also when the
defendant bas removed or disposed of his property or is about to do
so with intent to defraud creditors. Bail given upon arrest is liable
upon judgment secured.
Assignments for the Benefit ot Creditors. Assignments ror
the benefit of creditors must be written and acknowledged by the
assignor or his agent authorized thereto in writing and recorded, and
must be made to the sheriff of the county where the insolvent resides,
or, if a non-resident, where be has property. Assignments for the
benefit of creditors are void against any creditor not assenting thereto
in a number of instance ; for example, where they give one debt a
preference over another, and where they tend to coerce any creditor to
release or compromise his demand. Assignments must contain names
of creditors and tbe amounts.
Attachments may be issued at the time of or any time after
issuing the summons where amount sued for exceeds $10.00. All
property not exempt from execution may be attached. An attachment lien upon real property continue · for three years and may be
extended for two years more. The clerk of t,he court must issue
the writ of attachment upon receiving an affidavit by or on behalf
of the plaintiff showing, (1) That the defendant is indebted to the
plaintiff, specifying the amount of such indebtedness over and above
all legal set-offs or counter-claims, upon a eontract, express or implied,
for the direct payment of money, and that such contract was made
or is payable in t,his state, and that the payment of the same has
not been secured by any mortgage or lien upon real or personal property, or any pledge of personal property, or, if originally so secured,
that such security has, without any act of plaintiff, or the person
to whom the security was given become, valueless; or (2) That the
defendant is a non-resident of the State, and is indebted to plaintiff,
specifying the amount of such indebtedness over and above all legal
set-offs or counter-claims, upon a contract expressed or implied;
or (3) That plaintiff's cause of action against defendant is one to
recover a sum of money as damages (spocifying the amount thereof)
arising from an injury to property in this State in consequence of
the negligence, fraud or other wrongful act of tbe defendant, and
that the defendant is a non-resident of the State; and (4) That
the attachment is not sought, nor is the action prosecuted, to hinder,
delay, or defraud any creditor of defendant. Before issuing tbe writ,
the cleric must require a written undertaking on the part of the plaintill, in a sum not less than 200, or in Justices Court of from 50. 00
to $300, and not exceeding the amount claimed by plaintiff, with
sufflcie,it sureties, to the effect that, if tbe defendant recovers judgment, the plaintiff will pay all co ·ts that may_ be awarded to the
defendant, and all damages that he may ustam by reason of the
attachment, not exceeding the sum specified in the undertaking, and
that if the attachment is discharged on the ground that the plaintiff
was not entitled thereto, the fact required in the above not being
exi ·tent., the plaintiff will pay all damages which the def~ndant may
have sustained by reason of the attachment, not exceedmg the sum
specified in the undertaking.
Banks, Savings. A savings bank may purchase or hold; (1)
Real Estate, furniture, fixture. , etc., in which its busine. s may be
conducted. (2) Property mortgaged or held in trust on account of
any money lent in the course of business. It shall not purchase
personal property except (1) bonds or interest bearing obligations
of tbe United States (2) bonds of the State. (3) Bond<; of any stat&
which bas not defaultod in payment of either principal or interest
within five years. (4) Bonds of any county, city or town or school,
road, sewer, drainage, reclamation, prot~r.t~ve or sanitary district,
organized under be laws of tbe state, to h.m1ted amount. (5) Bonds
of any cow1ty, city or town of any state of a population of more than
200 000 and an entire bonded indebtedness less than fifteen per cent
of the taxable property, where interest or principal bas not been
defaulted within five years. (6) Bonds of railroads organized under
the state and operating exclusively therein or of railroads operating
at least 500 miles of standard gauge tract, or of any railroad corporation payment of which has been guaranteed, by the preceding
clauses of railroads; provided, that in all cases the net earnings are
as required by statute. (7) Bonds of Public Utility corporations,
incorporated under the laws of the State of California, provided th&
properties and earnings, etc .. are as required by statute. (8) Notes
or bonds secured by first lien on real estate to sixty per cent of its
market value. (9) Collateral trust bonds or notes secured by depaslt of authorized bonds fifteen percent in excess of suc,h collateral
bonds or the depo it of such bond and other securities twenty per
cent in excess of such collateral bond , provided the market value
of tbe authorized bonds deposited equal such collateral bonds. (10)
Bonds accepted by saving banks under the laws of New York or
Massachusetts. (11) Certificates i sued by corporations with a paid
up capital stock of not less than $100,000, secured upon real estate
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
1834
BANKING AND COMMERCIAL LAWS-CALIFORNIA
To savmg_
mortgag e or the same property or any part thereof, in good faith
and guaranteed in the mam1er required b~ the Dank ct.
and for a valuable consideration, who e conveyance i: lhst duly
bank must loan money except on adeq_uate security on real or personal
recorded.
property and such loan must not be for longer than ten years. It
mu ·t have a paid up capital tock graduated from 25,000 l\hen located
Corporations. Private corporation may he formed by e volw1than 5,000 population, to aoo,ooo when the
in any place of le
tary a ·ociation of any three or more per.'ons, in the manner prescribed
popnlation is in exce of 200,000. SaYings banln; organize,! "ithout
majority of :meh persons mu. t
·tat uto not t<l exceed fifty years.
by.
capital stocl-: must lmvo a reser-ve fund of 1,000,000. Th capital
be re,-idents of this State. l'rh·ate corporations may ho formed for
stocl· and surplus of savin~. banks, mm;t equal ten pm· cent to and
for which individual.· may lawfully associate themselves.
purpose
any
one
and
even
.
exceed
must
.
l11cludln;; 2 ,000,000 depo it liabilitl
'l'he number or directors of corporations for profit, except those
half per cent of deposit liabilities from 2,000,000 to :;,000.000 ,
menlinned as except d, may be ioPreased or dimini:hed, hy a majorfive per cent from ;;,000,000 to . l!i,000,000, i,,o and one-half per
ity of tho stockholders of tho corporation to any number, not Jess
cent from . 13 ,000,000 to . 40 ,000,000 and one ver rent of deposit
than three, who must be member of th <'Or mration. A copy of the
liabilities in excess of 40,000,000. A surviYing husband or wife or
tary of State, must be
articles of incorporaliou, certillcci by the ·e
ne ·t of kin of any <.lee.ea, eel pcl.'.Son ma)', , •ithout 1>roc11ring letters
,\ ith tho county clerk of every county where tho corporation
llled
of admini. trati011 , withdraw an.r sum deccai eel may have had on
purebas , acquire" or locates prop rty, wi hin ,ixty days alter sueh
depo. ii in auy ·:tVings bani· if the sum does not e. ceecl 500 OU.
ptu·chaso or loeatiou. Upon llliug tho articles of incorporation in
Unnk . 'rhc hu.-.;ine.· of banking may be earried on 011.ly by
the olllc;e of tho l'Ounty clerk of the couuty in which tho principal
corporation. organized for that purpo e under the Bani, ct. 'l'he
buslne. ' of the company is to b transacted , a copy thereof, certicapita! <;toc·k and s11r11lus of commer ial hanks must exceed ten per
fied !Jy the county clerk, with the ecret ry of tate, the . ecretary of
cent of depo,-it liabilit ie ·. Such C"orporation are clru ified as: Com, ' tate mw,t is.o.;ue to the corporation o,·er the 1-1:reat seal of t11e State
mPrcial, Saving.-; or Trust compan · s, and, together with lrnilcling and
a ccrtiflcato that a eopy of the articlt>s ·ontainin" tho required stateJoan associaliom:. are conduc-tecl under the su]lervision and inspection
meuL of fach has been filed in Ith offte!', aml thereupon the persons
of a - tate Superintendent of Banks, to whom such bank.· mu. t . ub,-igni11g the artkle.·, and their a ,.,oc-iate. and . tll'CC · ·or.. shall he a
mit at slated intorntls to P,.xamiualion. ~ ·o per:on unlP.·s organized
bo<ly politic a11d corporate by the name ,-tatetl in the certificate,
as a bauk under the laws of this state may bold himself out as cuand for a term of fifty :rears, unless it is in th art.icl s of incorporation
gaged in the banking bu.·ine. s, c use the word bani., savings or
otberwi. ·e stated, or in the code otherwise specially provided. A
trust company in cormect-ion ,~ ith his btbine:s. l..:Yery bauk ma)·
eopy of any articles of irworporation fl!ecl in ptu· ·uance of this chapter,
conduct a commercial and savings department. p1•ovided its capita!
and eert iflecl hy the secretary of . 'late, must, be received in all the
stock, if situated in a locality or !es.-; than 5,000 population amounts
courts, and othPr places as prima facie evidence of the facts theroin
to $2:;,ooo, or both or either departments in conjunc-tion with a
stated. (. ce Foreigu Corporations.) ,\II stocks is asso.·sablc for the
trust department if tho same amounts to $125,000. lf the population
purpose of paying clebts and meeting expenses hut no single assessof a locality is from 5,000 to 25 ,000 a capital of ,i0,000 is required
ment must exceed 10 per cent Th franchise of all corporations as
ror a savings and commercial department and 150,000 for hoth or
disi.inct, from its tangible property is subject to taxation.
.}ither in conjunction with a trust department.. If tho population
Each ·1ockholcler of a corporation is individually and personallY
L-; from 25,000 to 100,000 a capital of 200,000 and .,.100.000 rcspecIialile for such proportion of its debt and liabilities incm-red while
t!Yely, is required; if the population is over 200.000 a capital of :;oo,- ' he was a ·tockholcler a.,· the amount of stocl< or shares owned by
000 and :;00,000, respectively, is required. Every banlr must de. him bears to the "hole of the sul),;crihcd capital stock or shares of
ignate the character of it· busiue.··. A bank organized under the
the corporation, and for a UI·e proportion only of each debt or claim
laws of another :;tate must comply with all the requirement;; of the
against the eorpornlion, bnt suPh liahilitJ' is barred within three
'tate Bank Act, set apart to its business conducted here the surplus
years after the obligation is incurred. An;r <'reditor of the corporation
paid up stock required of California (·orporations, and constitute the
may institute .ioint or several action-.; against any of its stockholders
l:ltate ·uperintendent of Banks its agent for serYice of prores,-. A
for the proportion of this claim, payahle by each, and in such action
banker has a general lien dependent upon possession of all property
the court must a ·certain the proportion of tho claim or debt for which
in his bands belonging to a customer for the balanc·e clue to him
each defendant is liablo, and a se\'eral judgment must bo rendere~
from such customer in the course of husiness. 'l'he .-same capital
against f'ach in conformity there\\ ith. If any stockholder pays his
stock L-; required of commercial hanks as of savings banks. (,.'ce
proportion of anJ· debt due from the corporation incurred while
savings banks.) ·with some exceptions no commercial bank can lend
he was ·uch st.ockholder, he is relieved from any further personal
more than ten per cent of its capital stock on unsec-:ured loans 01·
liabilities for . ·uch deht; and if an act ion has heon brought against
twenty-five per cent upon sec-urity wm·th at l~a.·t fifteen per cent
him for such debt, it shall be dismis.-ed a.-; to him upon his paying
more than the loan so .·ecured, but a commercial bank may lmy or
the costs, or :uch proportion thereof · may he properly chargeable
discount bill.· of lading or e:change drawn against actual \·alue or
against him. The term ·•stockholder'' extends to every equitable
buy and discount commercial paper, not, to exceed twenty-flye per
owner of stock, although the same appears on the books in the name
cent of its capit.al and surplus.
of another, an<I al.·o to every pcr,-,on \\ho ha: adYanced the installments or purcha e money of stock in the name of a ntinor. so long as
Bills and . ·ote ·. The Cniform • •egotiable In.-trument · Law I..·
the latter remain a minor: and also to every guardian or other
\n force. ~tatute· of rn1,. Chapter 751.
tru. tee who voluntarily invest. any trust fund. in the stock. Stock
held a· collateral security, if fact of pledge appears, or by a trustee, orf
Chattel l'Hort~age ma~· be made on any personal property,
in any other repre:entative capacity, doc: not make the hoJdor tlwreo
including gro""ing <-rops and fruits, except personal property uot capa stodd1oldor, ex('Cpt in the ca.·e abov, mPntioned. c:o as Lo charge
able of manual delivery, art.ides of wearing apparel and per. onal
him with any proportion of the debts or liabilities of the corporation:
adornment, and the stock in trade of a merchant, provided that when
hut the pled!wr, or per;;on, or e:tate represe11ted is to bo deemed the
said personal property refers to fixtures or equipment of a merr·hant.
stockholder as respect: surh Jiahilities. In corporations having no
~even days' notice must be given, otherwise the i-ame ii; void as to
capital stock, cac·b member is individually and personally liable for
creditors of' the mortgagor. in the ahscnce of delivery 1 nd continued
hb proportion of its d bts and Jiabiliti , ancl. imilar action: may be
change of po ·session, th• l'hattel mortage , ill be void ao;; to creclitor ·
brought against, him, either alone or jointly "ith other member,;, to
of the mortgagor unless acknu,\ ledg-ed or proved, certified, and reenforce ·uch lhbilities a by this ~ettion may be hroug-ht a1sainst one
corded. as required in cas •s of grants of real propert,y and accompanied
or more to ·holder.·, and imilar jud~m nts may be rendered.
by atncla vits of all the parties that it is made in good faith, and without any design to hinder, delay or defraud creditor . ·uch mortgages
havo ci-vJI
Court. . TPrms and Jurisdiction. Ju ·tke:.,;' <'ourt
mu t be recorded in county it is. ituated in and if removod to another
juri:rlic:tion: 1. In action' ari: ing on contract · for the reccn erY of
county a copy of morttzage mus he recorded in county ,~ithin 30
money, only if tho um claimed, e ·du h·c of interest, docs not amount
days or mortgagor must tnlw po ·session.
to ·300, and tlrn jurisdietion or a ju tice of the peace in all cases
Collaterals. Are governed l>y the law relating to pledge,, of perwhere money judgment i · rcco, orable i I irnit ed to 300. 2. 111
sonal property. A pledge i. a dep it of personal property by way of
actions for damages for injury to the per ·on, or for tal..:ing, dctn.lnin~.
security fot t.he p rfonnanee or any act. Delivery of the thing
or injurin" perso·nal property, or for injury to real property, wh~re
pledged is essential lo th , aliclity or the l>ailtnent. When the perno 1. suo is raised In• the vcriflPd ans,H•r of the defendant invoJnng
formance of the acL for which the pledge is given is due in whole or
tho title to or posse'. sion of the same, if th" damages claimed do r 0 }
In part., the pledgee may collect \\hat is due to him hy the sale of tbe
to :H>o. a. In act !on · to rcco,·er l he posscs.-.;ion or persona
amount
property pledged. nut IJ fore the prop rty ran b sold tho pledgce
property, if the value of ucb prop rty rloes not amount to :W0·
must demand porforrnanl'e thereof from the clchtor, if he can be
4. In actions for a fine, penalt , or forfeiture not amounting- to JOO
found, and must, give actual notice to the 11ledgor of the time and
given by :tatute, or the ordinance of un incorporate,! city or f.o\vn,
pla<· • a.t "hich 1he proJ)erty pledged "ill he sold, at ~11 • 1 a r a:·onablo
where no i u • is rai.' •d by the an ·wer involving the legality of anY'
.time before tl10. ale a5 \\ill enable the pledgo'r to attend, but notice
tax, impo ·t, a· e ·. ment, toll, or municipal flue. 5. In actions upon
of the sale may he waived by the pledg-or at aIQ' time. The ~ale
bond.· or 11ndertaki11g. conditioned for the J)aymcnt of m<mOY, fyf
must be by public auction and must ho for the highe t, obtainable
tho sum claimed do snot amount to ~00, thou~lJ tl1e p naltY 111l;.,
price. After the sale the pledgee may deduct. from the {1roceed the
P-xreed that um. G. To take and ntor judgment for the recove,~
amouut due and the no<'es:·ary e.·pen.-e,' of sale and l'O I l·tlon, and
of mo11ey on tbt• eonfe · ion of a dofcndant, wbon the amount conmust pa~ t.he rurplu to the plodgor. Tho pledgee, or a pl •dgefe. d, e ·clu he of intere. t, doe not amount; to 300. 7. ,\l.rn c9n·
bolder, may purcba e the proverty pledged "hen the ame i. · old
current jurisdiction \\ ilh tho up rior court , withiu their respecUY~
at public auctiou. A pledgco can noL sell any e,irlencc of debt
township in action. of forcible entry nnd detain r, where the rcntat
(collateral) ploclged to him, except, tho ohligati(ln of go, cniment. ,
value of tho proper y entered upon or unlawfully detained doc~ nod
states, or corporations; but he may coJiect the same "hen due.
cxc d -.25 per month, and the , hole amount of dnm:>~ s danno.
tho arue or
doe · not oxe C:'d 200. • I o in a~tions to enforce and forcdo. e !lens
ont'i-act . C'crtain contract· arc invalid uni
on personal property, ,\here neither the amount of the liens nor tbe
some nole or memorandum thereof is in ,Hit ing. (, c • ::stntute of
.
value of the propl•rty amounts to 300.
Fraud .) A contrart for personnl s rvices cauno · be t>Uforced for
over two y •ar ·.
uperior Court. '!'he jur-i diction of the up rlor court is of t '\~
ppellat . The uperlor court has oriit 1ns
kind : I. Ori dual. 2.
(,onH~yanccs. .An e. tate in real proJ•CI't). other than an estate at
jurisdiction in all c•, ·e in equity: in ,I ivil actions in "hicl1 the
will, or for a term uot e. ceeding ouu year. C"an he transforr d only i,y
ject of lit i"'ation i · not capable of p •cuniary e tlmation: in all caset~e
operation of law, or by au instrument in \\Titing, sub crib cl hy the
,-,ion of real propnty, or d
law "hich in olve t11c title or po
party disposing of the same, or by his agent thereunto autlwrized in
le •alit)' or auy tax, et ., and in all other ca es in \\ hich the dema~ :
writing. Leal es of agricultural land for a long •r period than ten
e clusi\ o of fntere: t or the valu or- tlJ pro1>erty iu contro"'.or:-~:
year· and of cit)· J)rop rty for a longer period than fifty yeai are
amoun to 300: of action:· of for ible entry and detainer, ol pro(
void, .i.\ fee simple title is pl'Csumed to be i11tc11docl to pa&· by a grant
coccli11gs in iru;olv ,wy; of a<'tion to pr ,- nt or abate · nuisanc1::: ~of real property, unle. it appears from the face of the grant that a
all matte · of probat , of divorce and for annullment of marr111!f58
gr-a.nt of real property may b • made
!e.:ser e.·tate \\a iut nd d.
and of' all such pedal ra..o.; .s and proce din"s a l!.rc not otl rwtIn the follo\\ir1g form: "I, . B., ~rant. to 0. D. nil that real proppro,iliecl for. 'I hey also have power to i. ue , Tits of rnanda 1.11 .0 1j
erty situated i11 (i1kert name of l'Otlllty) county, tato of California,
prohihltion, quo" arranto, and or hah ,, cor:rrn-; on pct 1tj°. 0
e,•rtlorari,
bounded (or 1IPscribed) as f'ollow. : (J)ere iru ort d . criptlon, or if
by or on behalf of any person in a ·tual cuo.;tody In their respect ~d
the land sought to be t·u1n y cl has a well- stahlh,hod dcsrriptivo
J njunction and "Tit of pro hi bl ion mas be is,mecl
countie;;.
'orris
'Th
:
insta11c
for
as
name, it may ho des ·r-lbed by . uch
erved on le"al holiday-; ancl non-judicial day . The superior coll er
Ranch.') \\itness my baud this (insert) day of (insert mouth), Hlhave appellate jurisdiction in ra e arislng in ju tice:' atHI o: 11be
A. B." The use of tho word "grant" implies tho following coveinferior courts in their re peC'th c counti • provided the appea
nant : 1. 'l'bat previou to the time of tbe com:eyance the ~ant.or
te
tak n within thirty days of th judgment.
had not conveyed the same e- lat , or any right, title, or int re t
DLtrJct Courts of ppeal. Tho. tatc IJ dh idc<.l lnw three apPi!~eS•
ther in to any pe on other than the grantee. 2. That :-uch estate
distr-icts, ea h o! which b, a court c,f appeal wlth three JUS I al
i at the time of tho e. ecution of 1.he conveyanc • free from incum'l'he:e <'ourt ha,·o ap1 cllate and orl Ina( juri ·diction. 'rJ1e g ner iS
ubs 11ue11tly
brance,;, done. mad', or suffered by the grantor.
line or demarcation b tween the . upreme court and the.,e conrtq,be
acqulred title pa se by operation of !aw to the grant e, or his . ucIll
the amo11n of m ney or the valu of the prop ty lm·olvecl.
ce ors. Instrument. entitled to be record d mm,t be record d hy
district court· of app al have app lla juri. diction on appeal f~f,. 0
tho county recorder of the county in which the real property al? cted
thereby is situated. :K\cry conveyance of real property, acknowltlH' superior court · in all c-a: es at Jaw in ~ hich tl1e demand excl\~ to
edged or pro\ eel and certitlcd and recorcled a.-; prescrib cl by law from
of interest or the ,·alue of the nroperty in controver:y amo~n cible
300 and doc not amount. to 2,QOO; also in all ca ·e of or ts);
tho time it is filed with the recorder for record, is constructive notice
in the justic •s' cour e a
U<'h a nri
entry and detain r ( .·eel)
of the contents thereof to :ubsequent purcba.-; rs and mortgagee. , and
iu pro ·ceding. in iusolyency, am] in ctfon: to prcveut or 1~b~t·oI1,
every conveyance of real property other than a lease for a term not
exceeding one year is ,•oid as agaln~t any sebsqeuent purchaser or
nuisance: in proceeding;; in mandamu., certiorari and prohtllltl
suu;;
\ts
usurr
in SUl
ing ir
court
indic
cases
have
pencli
supre
heari
Sur
cxerc·
man
have
comp
has a
in th
or 110
ment
inter
2,00
also<
of de
dicti
trict,
be tr
De
he ta
the cc
the a
Other.
attac
('OUrt
Was a
issue
Perso
notar
b~- th
OUto
consu
count.
ll"lissi
the "
taken
summ
at an
must·
the "
by th
appoi
case
i
do"Wn.
\Vitne
orcau
and n
Initial
tr16\1
Doi
tate
servic
Procee
entun
Dep
8Pe(•ia
Obtain
such
CO.min
or a j
In~.
0
With a
lllonJ·
:rPen'
l~~rl
the Pe
i!~!1e·
rcc()r
s Jlcn
stance
or Pr
~Pea1
ie;ti~~
sall'lo
PencJiz
Oes
and 1>
succee
~C\Uh-
lllc Ud
de-,fso
l:!ot ll
decec1·
the la,
~ \\'if
~ea
0
!Ssue
hUsba
~lldto
0
Ut if
aesce11
lfit~e
!toes t
tatlon.
Usba
Shares
~Othe'
81ste1•s
~e. t
tfli
b
to
Sent e
lleit~!I
~:o
I llst
~erft
1>11n on
sc1p
I>~~
BANKING AND COMMERCIAL LAWS-CALIFORNIA
usurpation of ofilce, co 1testing elections and emine11t domain, and
In such other special proceedings as may be provided by law (excepting in cases in whi<"h appellate jurisdiction is gh en to the . uprome
court,): 3lso on questions of law alone in all ca cs pm.·ecuted by
indictment or information to a court of record , exc<->pting criminal
cases where judgment of death has been rendered. said court. also
have appellate jurisdiction in all ca,·es, matter and proceeding ·
pending before the supreme court which :hall be ordetcd b) the
supreme court to be transferred to a dist rkt court of appeal for
hearing and decbion.
Supreme <'ourt. Ila· original and appellate juri di ction. In the
exercise of original jurisdiction it, shall ha,e pm\ e r to i,,.·ue ,uits of
mandamus, ce rtiorari, prohibition. and habeas corpus ; it ,·hall also
ha,·e power to issue all other ,nits ne ·essary a,1d proper for the
complete exercise of its appellate jurisdiction . The supreme court
pt ~:nch as arise
has appellate jurisdiction in all C"ases in equity, c
in the justices' court,s; also in all cases at law which im·olvo the title
or possession of real e.·t-at,e or tho legality of an) tax, impost , as ·cssment, toll or municipal fine, or in which t.Iic demand c - clusi\·e of
intere. t or the ,alue of tho property in controver Y arnom1ts to
12,000; al. o in all .·uch pro hate mat tcrs a· may be providecl l>y law;
al'>o on questions of law alone in all criminal case. \here tho judgment
of death ha. been rendered ; the . aid court al: o I.ta , ppellatc jurisdiction in all eases, matters and proceedings pc.'llding- before a di.'trict com·t of appeal whieh shall he ordered by th upreme court to
be ti·ansferrecl to itself for bearing and decision.
Depositions. The depo. ition of a witne ·.· out of thi.' • I.ate may
be taken upon a commission i :med from tho court nuder the <:cal of
the court. upon an order oft.ho court., or a judge or ju,tice tiler of, on
the application of either party, upon fh·e days' previous notit"e to the
Other. If the court be a justi ·e's court, the commission shall have
att-ached to it a certiflcate under seal by the clerk of the superior
court of t-h e county to the effect. that the person issuing the same
-w as an acting justice of the peace at the date of the commission. If
1ssued to any place within the United .States. it mar be directed to a
Person agreed upon by the parf ies. or if they do not agree, to any
nbotary public, judge or justice of the pecae or commissioner seleeted
Y the court. or judge, or justice issuing it. If issued to any country
out of the United ~tates. it may be directed to a minister. amba) sador,
consul, Yice-con ·ul, or con ular agent of the United . tates in such
COuntr.", or to any person agreed upon by the partie.·. The comtnithssion must authorize the commi.·sioner to administer an oath to
e witnes. . The testimony of a witness out of the late may be
taken hy deposition in an action, at any time after the_ er\'ice of_tbe
Blunmons m· the appearance of the defendant: in a . pecrnl oroce~Jng,
at any time after a question of faet has arisen therein. Depos1t10ns
tnust be taken in tbe form of que tlon and ans\\ er. The WO}'ds of
Wit,nes · must pe wt·itten dow:t, in the preseuc:e ~f the witness;
Y t~e officet· takmg the deposition or by some 1nd1treren~ per~on
appo~nted by him. It may be t.aken down in short band m. whic_h
case 1t must be transcribed to long hand by the person who took 1t
d O'\Vn. When completed, it must be carefull~ rea<;t to or b~ ,the
\Vitness and corrected by him in any particular. 1f desired, by wr!t~ng,
or causing hi corrections to be written at the bot tom of t~e depos1t1on.
&nd_ must th~n be suhscribed hy the witness. ( orrections must :i>e
lnit1aled by officer before whom deposition is taken. If the parties
~ee in writing to any other mode, the mode so agreed upon must
'-"' followed.
Depo itions in this State. The testimony of the ,\;tne s in this
tate may be taken by depo ·ition. in an action at any time aft r tbe
service of summons oi· the appearance of defendant, and in a special
Proceeding after a question of fact ha arisr•n therein, in certain
enumerated case .
D~positions for Use out or tho . 'tate. Any party to an action or
~e<'~al proceeding in a court 01· before a judge of a sister ·tate, m~y
~ tam the t,estimony of a witness residing in this '-tate. to !Je used m
~ch action or proceeding, in t.he case.· mentioned followrng : If a
In~ission to take such testimony has been issued fro1? t,~e court.
a Judge hereof, before which such action or proceedmg _1s pcndon producing t,he commission to a judge of t_he. superior cou~t
:tn th an affidavit sat.isfa<:tory to him of the_ materrnhty_ ~f th.,. test1ony, he may i ·sue a subr,rena to the w1tm'.·s, rc~wrmg 111111 _to
:l>Pear and testify before the commissioner nanJecj m the comm1sl<in, at a specified t.ime an<l place. If a comm 1·s1011 has :lot. heen
th Ued and it appear to a ,iud"'e of the .·uperior c011rt, or a Just1c·e of
ore Peace, by atlldavit satisfactory to him: I. That the te:>11.mony
•~ tlie \\ it:rnss i. material to either part)·. 2. '.rim! a comnu.·s10~1 to
•ke test1monv of such witness ha. not hecn I ued. 3. 1 ~at
r;icording to th'e law of the State" hero the action of. p cial proc~ dmi:t
8t Pendin)!. the depo. ·ition or a witness taken und,er . ~1ch 'll"<'t1;morances, and be for such judge or just ice. will be~ ~ 1ved m t(ie a~t ion
a Proceeding, ho must ii-:.·ue a suhpcena rcqumng the , 1tne s to
iPear and testifv before him al a specified tim' · ncl 1ilaee. L'po_n
tee appearance o·r the witnc. ·s, the judge or ju~t ice must cau .. e his
ea:_hnony to be taken in writing, and mu t. certify and transmit th;e
Pe e to the court, or judge before whom the action or prol!eodlng 1.
ndh1g, in such manner as the la\\ of that ~tat reqmre.·.
the
rr
-:ig,
1n:escent 1UHI J>istrlbution of Pro1,crty. Propert ,., _b9th r('.al
surHV111!! wife
I>ersonal, of an into late pas:es to bi: heir~.
811
lecceeds to one-half of the community pro Jert , i. e., all property
1nSU1reu by husband or wife cluriug the marriage, "hl~·h doe not
de Ude Propert)· ar·quirod hy either Im. band or ife hy ~tft, bequest,
tlorse or descent, which is se11arate propert). DO\\ Pl' mtere ·t does
de exi t. 'I he i;pparate estatt' i: dbtrihut d a follow. · !f the
theCedent lea, es a •ur, h ing 1 u;;haml or ";re and on!~. o_ne duld, or
or lawrut i:sue of one child, in ec1ual shares to the .U: 1 mg bu band
~Wife and child or issue of such child. If ~ 1~r'.,"l\"lllg lw band or
e &n<l moro than one child living. or one d11ld !1vrng and the l~w_fnl
b.Us~ or one m· mm·e dccea eel c-hiltlren, one-tlurd to tlt <:un_nmg
~d and l)r wife. an<l the remainder in _equal _har to tl1e ch1ldyen
l3ut to the lawful issue of a.ny cloceasPd ch1l<;l by right ofrepre. entat10n.
~ if t.here Jw no chihl Jh i111!. the rcmarnder "'Oe: to all the lineal
d~endants. and if the,• are in the same dc!rree of Jctndrcd to ,the
lt t dent they share equally otherwise by right or r •pre ·entat1on.
Ro~e decedent leaves no sui•viving hw;hand 01· "if ,_the "l.10le estate
ta.ti to the issue-tl,e i. sue of children taking hy r1.1d1t o! repr~ ·~nb.Usgn. If there is no issue the estate goes one-half to the ·i:n n mg
~and or wife and the otlll'r half to the father and mother m equal
'ttlot~s, or, if one b dead, to the survh·or; if th r b no father or
er, then their one-half goe in e(]ual c·l!are J the brot~ers and
~e rs or to their repre ·entatin's. If there 1: no I sue, or l~usband ~r
bot}i the estate goos to the father and mother, or the trv_i ·or,_ or, if
to th be qead, then in equal shares to tbe bt:others ~~cl stst 'r:s: and
8entae Children of am· deceased brother or s1 ter b:\' 1lght of 10prellettb tio1_1. If the decedent leaves a sur, iving hu band or wife, and
Joe; tr 1· sue, father, mother, brother, nor si er, the '·~ol~ e_ tate
o the surviYing husband or wife. If the decede~t leaves neither
~~• hUsbaud, wifo. father, mother, brother, 11or •!·!,Cr, tb~ ':'· tate
!luier go to the next of kin in equal degr e. I~leg1t~nate. <;bildren
~ dt rr?m mother, also from father if recogn~zed m w~ltmg but
Prfu 1nly mherit directly and not by representation. These are the
~CJal ProYisions of the law of succession. Tenancy by the cournot known to our law. If the person dies testat<l, all property
as directed by the will.
~e
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
1835
E.·rncutions. l'vlay issue any time within five years from entry of
judgment and after lapse of five years t,he judgment may be enforced
or carried into execution by leave of court, upon motion, or by judgment. for that purpose, founded upon supplemental proceedings.
1To right of stay exi ts except by order of 1,he court in i · rli ·cretion.
Execution may issue again t the property of a judgment debtor
after his death, only if the judgment be for recovery or real of personal propert:r, or the enforcement of liens thereon. Roal property
may be redeemed within one year, per:onal property not at all.
Exemption ·. The following property is exempt from execution ·
1. Chairs, table.-, desks, aucl books, to the value of 200. 2. , Teces~
sary h?u_seholq, table and l_dtchen ft!rlliture belonging to the judgment
debto1, mc:luclmg one sewmg machme, st.aves, stove-pipe;; and furnit1:1re, !vm~rmg apparel, !1eds, bedding and be<lstead, hanging pictures,
011 J.?amt111gs au~ drawrng~ drawn or painted by any member of the
family, aud family port,ra1ts, and their noces1-an, frames provisions
and fuel act,tially provided for individual or family use sufficient
fo: thrce_monih:-, anq three co-~vs and t,heir sucking calves, four hogs
w1tb thou· su_ckmg pigs, and food for such cows and hogs for one
n:1onth,. one piano, one shotgun, and one r1fle. 3. The farming ut,ensils or 1mplornents of husbandry not e. ccoding in value the ;;um of
$1,000; al.-o t\\o o. en or two horses, or two mule ·, and their harness;
one cart or buggy and two wagon ·. and food for such oxen hor 5 es
or mules for one month; also all seed, grain, or vegetables, 'actually
provided: reserye<;t or on ban~ for_ the purpose of planting or sowing
at any time w1thrn tbe 011 mng , ix months. not exceeding in value
the sum of 200, and seventy-five boo hives, and one horse and vehicle 9elonging to !J,nY per o~ who is maimed or c1•ippled, and the
same 1s necessary m his busmess. •1. The t.ools or implements of
mechanic or artisan necessary to <"arry on his trade; the notarial
seal, records, a1 d of.lice furniture of a notary public; the instruments
and chost of a surgeon, physician, surn1yor, or' dentist, necessary to
the exercise of their profession, with their rrofessional libraries and
necessary office furniture; the professiona libraries of attorneys
judges, ministers of the gospel, editors, school teachers and music
teachers and their necessary office furnitm·e, including one safe and
one type,niter, also the mu ical instruments of music teachers actually used by them in giving instructions; and all the indexes, abstracts, books, papers, maps, and office furniture of a searcher of
records neces. ar~· to be used in his profession; also the typewriters
or other mechanical contrivances employed for writing in type act1!,ally used by the 0'!Der thereof for making his living; al o one
bicycle when the same is used by its owner for tbe purpose of carrying
on his regular businec , or when the same is used for the purpose
of t:ansportJng the owner to and from his place of business. 5. The
cabm or dwelling of a miner not exceeding in value the sum of 500·
~lso his sluices, pipes,. hose, windlass, derrick, cars, pumps, tools:
unplements, and appliance necessary for carrying on any mining
operations, not exceeding in value t,be aggregate sum of $500 · and
two horses, mules, or oxen, with their harness, and food for 'same
for one month, when necessary to be used in any whim, windlass
derrick, car, pump, or hoisting gear, and also his mining claim actu~
ally worked by him, not exceeding in value tbe sum of $1,000. 6.
Two horses, two oxen, or two mules, and their harne s, and one cart
or wagon, one dray or truck, one coupe, one hack or carriage for one
or two horses, by the use of which a cartman, truckman, huckster.
peddler, hackman, teamster, or other laborer habitually earns his
living, and one ho1 e with vehicle and harne s, or other equipments
used by a physician. surgeon, constable or minister of the gospel in
the legitimate practice of his profession or business with food for
same for one month. 7. One fishing boat and net,' not exceeding
the to_tal ,:alue 500, the ~rop~rt.y of any fisherman by the lawful
use of which he earn a hvelihood. 8. Poultry, not exceeding in
yalue $75. 9. ~eamen's and eagoing ~shermen·s wages and earnmgs not exceedmg $~00. 10. The earnmgs of the judgment debtor
for bis per~onal services renderE;d at any time within thirty days
next precedrn/:f tbe lev:r: of execut10~ or attachment,, where it appears
by the debtors afildav1t or otherwise, that such earnings arc necessar:y for the use 9f his family, residing in this State supported in whole
or m part b;v ht~ labor; b_ut where debts are incurred by any such
person, or _his wife or f~lllly for the common necessaries of life, or
!Jave _been mcurred at a t~me when th~ dehtor had no family residing
m tb1s State, supported 111 whole or in part by his labor, the onehalf o~ such ea.rnmgs aboye mentioned are neYertheless subject to
execution, ga.rmshment, or attachment to satisfy debts so inl!urrcd.
~ 1. The shares held by l!- lll(!mber of a J1ome ·tead a· ociation duly
0
fi;~ :fi~~~t1~· n~rt tli:c~~\~~l ;·tt~l~l~s~e~0 ·u:fd!~etJ~0 ri~:s ~~l~~
State. 12. ~\II the nautical instrument:· and wearing apparel of
any ma.st er. ofilcer, or eaman of any steamer or other ve: ·el. 13. All
fire engines, hook and ladders, with carts, trucks, carriages, hose.
buckets, implements. and apparatus U1ercunto appertaining; and
all furniture and uniforms of alll' fire company or department organizcd under any law of this State. 14. All arms, uniforms and
accoutrements required hy law to be kept by any person, and also
one gun , be selected by the dehtor. 15. All court houses, jails,
and town, county, and State buildings; all public buildings, grounds,
places, etc. 16. All material purchased for use in the construction,
alteration, etc., of any building, mining claim, etc., not exceodiug the
Yalue of $1,000. 17. All machinery, tools, and implements necessary in and for boring, sinking, putting down, and constructing surface or artesian wells; also the engines nec·csc·ary for operat,iug such
machinery, implements, tools, et .; also all trucks necessary for the
transportation of such machiner~·. tools. implements, engines, et-c., to
1
!~ini'tf~~~c~;.ui~g?~~- in l~~y a,~~~~)~;owl~~l~~;tsolf~~\1r:1i1s~~~a~~;
on the lifo of the debtor, if the ammal premiums paid do not exceed
".=;oo. 1!). Shares of stock in any huildi11g and loan association to
the value of $1,000. 20. Pensions from the United tates Governo article, howeYer, or spAcie:·. of property mentioned in
ment.
this section, is e ·empt from execution i ued upon a judgment recoYered for its price or upon, a judgment, of foreclosure of a mortgage
or other lien thereon. (For Homestead Exemptions, see Homestead.)
~p
1
1~
Fraucl.
(l<'or Fraurlulent Debtor , see Arrest.)
0
Any r.ontract
g~!:~
b~~;i/~T)liai\\'~-s~ii~o~~tu~~ai~d yo~~'~Ticm ~;, ~!:~eltl~ !~cil~~~~c~e!~
had such cawse not existed. Actual fraud consists in the suggestion
as a fact of that, which is not true, tbe positive assertion of that which
is not true in a mannet· not warranted hy the information of the person
making it though he belieYes it to be true, tbe suppression of that
which is true hy one having knowledge of it, and promises made without. any intent.ion of performing. or any other act fitted to deceive.
ConstructiYe fraud, consists of any breach of duty, whkh without, an
actual fradulent intent, gains an adYantage of the person in fault
by misleading another to his prejuc!ice. Actual fraud is always a
que·tion of fact.
Garnishment. Upon receiving instruction in writing from the
plaintiff or his attorney that any person bas in his possession, or under
his control, any credits or other personal property belongin~ to the
defendant or is owing any debt to the defendant, the sherill must
serve upon such person a copy of the writ and a notice that such
credits, or other property or debts, as the case may be, are attached
in pursuance of such writ. All person having any such property
at the ti.me of serving of such writ, unless it is delivered up or trans-
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
BANKING AND COMMERCIAL LAWS-CALIFORNIA
1836
ferred or paid to the sheriff, shall be liable to the amount of such
credits property, or debt~. until the attachment be discharged, or
any judgment by him recovered be satisfied.
Homestead. The homestead consists in the interest of the claimant divided or undivided, in the dwelling house in which Lhe claimant
resides, and in the land on which the same is situated, selected, if the
claimant be married, from conununity property, or the separate
property of the husband. or. with the consent of the wife from her
separate property. When the claimant is not, married, but is the head
of a family, the homestead may be selected from any of his or her
separate property. The homestead can not be selected from the
separate property of the wife without her consent, shown by h~r
making or joining the declaration of homestead. 'l'be homestead 1s
exempt from execution or forced sale, except in satisfact,ion of judgments obtained: 1. Before the declaration of homestead was flled for
record and which con ·titutes liens upon the premi. es. 2. On debts
secured by mechanics' contractors', sub-contractors·, artisans', architects' builders', laborers' of every class. materialmen's or vendors'
liens upon the promise ·. 3. On debts secured by mortgages on the
nd
0
:nt lc1cf~wd:if!d s~lu~~~ h~b~gr:a~e':if~noftt~
premises, executed and recorded before the declaration of homestead
was flied for record. In cases not enumerated above. in which, after
=:i~~/x;i;Y~
!nj~~f~tfc!nh~r ~~e~1Jg;~~~~tafe~fe5J i~e tt~~eg~~e~t~1a~a}~~
shown by an appraisement applied for to, and ordered by, the court,
after proper proceedings, that the homestead exceeds in value the
amount of home.,;tead exempt.ion. Then steps may be taken, if it
can be done without material injury to the land, to divide ihE" property and reach the excess. The homestead of a married person can
not t>e conveyed or encumbered unless the in trument by which it
is conveyed or encumbered is executed and acknowledged by both
husband and wife. Homesteads may be selected and claimed: 1. If
not exceeding .. 5,000 in value, by any head of a family. 2. If not
exceeding 1,000 in value, by another per ·on upon death of eithE"r
spouse If homestead is selected from community property or from
separate property of . pousa joining therein, title Lbereto vests in survivor otherwise to the beirs or devises of the person whose property
was selected.
Husband and Wife. The husband is the head of tbe family.
He may choose any reasonable place or mode of living, and tbe wife
must conform thereto. ' In other respects their interests are separate.
Neither husband nor wife has any interest in the separate property
of the other, and either may enter into any engagement with the
other, or with any other person, respecting propet·ty, which either
might if unmarried. All property of either, owned by him or her
before marriage, and that acquired afterward by gift, bequest, devise
or descent. is tbe eparate property of such per. on. Ail other property acquired after marriage by either husband or wife or both, is
community property, but wheneYer any property is conveyed to a
married woman by an Instrument in writing, the presumption is that
the title is thereby Yested in her as her separate property. The
husband has the management and control of the community property, with absolute power of disposal other than testamentary, provided that he cannot make a brift of the same or convey tbe ame
without valuable con ideration, unless the wife consents in writing.
The community property is not liable for the contracts of the wife
made after marriage, unless secured by a pledge or mortgage thereof
executed by the husband. The husband is not liable for damages or
torts committed by wife except in a case where he ,vould be jointly
liable with her if the marriage did not exic;t. The separate property
of the husband is not liable for the debts of the \\ife contracted before
:fe~[!~1ehearngu!~:;J~buttf._ fl~°?i!r/tr g~rt~~v:~!bts ~~~t~!~i!lg~f~~!
or after marriage. A husband and wife may hold property as joint
tenants, tenants by entreaties. tenants in common, or as a community
g~~r~~fe~ g:aJ~ar~ ;Jfg!t~~8a c~:1:e~~t~t:i~IItlf ~g~~~Wt
Interest. The legal rate of interest is 7 per cent and is due upon
judgments after rendition and upon other obligations unless there
ls an expre contract in writing fixing a different rate. The parties
may agree on a higher rate of interest and on the compounding of
same. but personal property brokers may charge not to exceed 2 (two)
per cent per month.
Judgments. (See Actions.) Upon fl.ling the judgment roll, which
is a record of the proceedings in the case, it must be docketed by the
clerk, whereupon it becomes a lien upon any real property of a judgment debtor not exempt from execution in the county which the
said judgment debtor own. at that time, or which he may thereafter
acquire. This lien continues for five years, unless the enforcement
of the judgment be stayed on appeal. A judgment Is barred by tbe
act of limitation within five years, unless revived by leave of court
upon motion or by an action upon the judgment. Judgment must
first be satisfied out of property of the judgment debtor which ha'3
been attached and In the custody of the sherifl'.
LJens. :vlechanics, material-men. contractors. sub~ontractors.
artisans, architects, macl1inists, builders, miners, teamsters, draymen and all persons and laborers of every class performing labor
upoll or furni bing material to be used in or furni.·hing appliances,
teams and power contributing to the construction, alteration, or
repair of any building. wharf, bridge, ditch, flume, aqueduct, well,
tunnel, fence, machinery, railroad, wagon road, or other structure,
have liens upon the property upon which they have worked or furnished material, and any per. ·on performing labor in a mining claim
has a lien upon the same, and the works owned and usecl by the owners
for reducing the ores from . uch mining claim, for the work or labor
done. Tbe common carrier has a lien upon the luggage of a passenger
for the payment of hi fare. One who sells real property has a vendor's lien thereon. Improver. of personal property, depositaries for
hire, veterinary surgeons, livery table keepers and per.·ons pasturing
horses or stock, have a special lion, dependent upon po.· ·ession.
Factors, banks, and laundry proprietor. · haYe a genera lien, deth
0
~:~!ea°; ~vf g~~~i~n,li~is t~aeJ'ee~~~tl o~r~~~~~i~r:i.
animals u-:ed for propagating purposes have a lien for the agreed
t~'ll~~ctgf
Li~r::
g~~
~g~v~~~~~0
0
ctu~ for
th!~!~1lr
:ta°~t~~; t?!b~~lave
their personal services.
Every person performing work or labor in, with, a.bout, or upon any
threshing machine or engine, horse-power. wagon, or other appliance
thereof, while engaged in threshing. has a lien thereon to the extent
of the value of his service , for ten days after ceasing work or labor,
provided, within that time. an action is brought to recover the amount
of the claim, persons repairing or altering any personal property have
a lien for the reasonable value of such sen·ice.
Limitations. If real estate Is held adversely for five years, such
adverse possesdon ripens into title if claimant pay taxes for five years,
:ii1!~~ a~i~t~ iI;~~e~~~nf:~~0it ~1;~/~1t~~i~Kan To~0 t~:rt~~i:re;
~~ed:Scr~~ng;·:~/~~~rf o1"t1[~~iect° \j~/~~~i~~
~~:a!
(2) An action for mesne profits
any State within the United tates.
f~3~g~~t
of real property. Within four years: (1) An action upon any contract, obllgatloo or llablllty founded upon an instrument in writing,
executed in this State. (2) An action to recover a balance due upon
a. mutual open and current count or upon an open book account.
Within three years; (1) An action upon a liability created by statute,
other than a penalty or forfeiture. (2) An action for trespass upon real
property. (3 ) An action for taking, detaining or injuring any goodS
or chattels, including actions for the specific recovery of personal
property. (4) An action for relief on the ground of fraud or miStake, the cause of action in such case not to be deemed to have accrued
until the discovery by tbe aggrieved party of the facts constituting
fraud or mistake: Within two years: (1) An action upon a contract,
obligation or liability not founded upon an instrument of writing, or
ecuted out of tbe State,
founded upon an instrument of writing
evidenced by an abstracta
(2) An action on a debt, liability or obligati
guarantee or certificate of title; and uch action shall not be deeme
to have accrued until the discovery of the loss or damage. (3) An
action a~ainst a sheriff, coroner, or constable. upon a liability incurred
by tbe doing of an act in his official capacity, and in virtue of his
office, or by the omission of an official duty, including the non-pay•
ment of money collected upon an execution: but this subdivision does
not apply to an action for an e ·cape. Within one year: (1) An action
upon a statute for a penalty or forfeiture, when the action Is given to
an individual or to an individual and tbe 'tate, except when the
statute imposing it pre cribes a difl'erent limitation. (2) An action
upon a statute, or upon an undertaking in a criminal action, for a
forfeit,ure or penalty to the people of this tate. (3) An action for
libel, slander, assault, battery, false imprisonment, or seduction, or
for injury to or for the death of one caused by the v.Tongful act ort
neglect of another, or by a depo itor against a bank for the paymen
of a. forg d or raised check. (-1) An action against a sheriff, or otbviler
officer, for the escape of a prisoner arrested or imprisoned on ci
process. (5) An action against a municipal corporation for damages
or injuries to property caused by a mob or riot. Within six montbS:
(2) To
(1) An action to recover property ·eized by tax collector.
recm:cr corporation stock sold for delinquent as. essment. To actioDS
brought to recover money or other property depo ited with any b~~•
banker, trust company, or saving· and loan society, there is no li,,ulS•
tation. If when the cau ·o of action a crues against a person, be
out of the State. the action may be commenced within the terDl
herein !imited, after his return to the State, and if, after the cause olSr
action accrue.. be depart from the tate, the time of his absence
not part of the time limited for tbe commencement of the action,
And if the person entitled to bring the action be. at the time the actt~n
accrued, either a minor, in. ane, impri ·oned for a term less than lu6,
or a married woman, and her husband is a nece · ary party with bet
in commencing such action, the time of such disability is not a part
of tho time limited for the commencement of the action. ... o ackno"IV1•
edgment or promi e is sufficient to take a case out of the operation
of tbe statute of limitations, unle the same is in writing, signed b>r
the party to be charged. Part payment will not take the case out o
the statute of lin1itatiom,. ·where a cause of action has arisen iJ}
another tate, and would be ban·ed by tbe statute of limitatio~ o
that , ·tate. an action cannot be maintained here. There is no Ii~~
tion upon actions to recm·er money or property with banks or tc..,.w
companies. (See Accounts.)
tarried ·w omen. \Vben a married woman is a party to aD
action her husband must be joined except: (1) When the actioJl
concerns her separate property including torts for personal injuriellr
homestead property and actions between herself and husband 0
wben she is living separate and apart from her husband by re~~
of bi desertion or by an agreement, in writing. A married woro"'t
may become a sole trader by the judgment of the superior court _?.,.
1
tbe county In which she has resided for ix months next preced...,
the application. The h1Lc;band of the sole trader is not liable ~
any d6bts contracted by her in the course of her ole trader's bus~ft.,
unle s contracced upon his written coruent. A married woman n.ua,,
convey without consent of her husband, and is not liable for ~
ni~~
~e~t~~~ ~b!s f~~~aesole
g:f;r~ Jr h!fte~~~:n~.ar~f;g~~ lia~~e
so as to bind her separate property. The wife may make a will(~
her separate property. The earnings of the wife are oot liable
the debts of her husband.
l\fechantc ·' Liens. (See Liens.)
~ lortgage . Any intere ·t in real property which is capabl~,1
being transferred may be mortgaged. A mortgage can be crealA"'•
renewed. or extended only by writing executed with the formallrt:
required in tho ca: e of a grant of real property. Every transfer o
interest in real property, other than in trust, made only as the secduriJ
for the performance of any act, is to be deemed a mortgage, a 11
fact that the transfer was made subject t-0 defeasance on a colldlti~
may, for the purpose of bowing such transfer to be a mortgage, cet
proved (except as against the sub equent purchaser or encumh1'8,llb)'
for value and without notice) although the fact doe· not appe~lnl
thtl terms of the in trument. A. mortgage is a lien 1pon everyt le
tbat passes by a grant of the property. A mortgage does not entror
the mortga~ee to the po. ·e sion of the property. The a:·signmen n •
a debt secured by a mortgage carries witb it the security. Whee>&.
mortgage is satisfied or the mortgage indebtedness paid, the ID j
gagee must satisf) the mortgage of record under penalt_!.:m111,
mortgagee may foreclo e the right of redemption of the mort~tiOII
unle expre. · ly stipulated the mortgage is not a personal obliga
on part of mortgagor.
Notes and Bills of Exchange. (See Bills and Notes.)
Pledge. ( ee Collaterals.)
Powers of Attorney. An attorney in fact may be appointed~
any purpose for which an agency ca.11 lawfully be created. Pow0 f1J8(1
attorney can only be conferred by an instrument in ,\Titing subscrcon·
0
rtrr!~~ ~'lnt1!~afn~~~e~IL~~nf!f~!c~la~!rweFe~f~o~~/~';'e:eeu"'
instruments affecting real property, it must be duly acknowl~
and must be recorded in the county within which tbe real prorba'
-o such instrument whlft "'"
to be conveyed or affected is situated.
been so recorded i revoked by any act of the party by wbom. ~
executed, unle · the instrument containing such reYocation JS tffc:IJ
acknowledged or proved, certified, and recorded in the same JbeJI
in which the instrument containing the power was recorded. esta:t.8
1
1
0
r!~\ ~~i;e:r/1i"; ~~iu!~b. ~~ib :,t\~~~e t~tnhf:r;;fJci~l to it,
_,..d
and his own name as attorney in fact.
Probate Law. (See Administration of Estates, Claims a ~
suP.,,.,llf
Tho
Estates of deceased persons. Descent and Distribution.)
court bas juri ·diction of proceedings in probate, and such proc~•
mu. t b in ·titut d (1) In the county in which the decedent t,at8
resident; (2) in the county in which he may have died, leaving;:y ill
therein, he not being a resident of the tate: (3) in the cou ( ~
which any part of tho estate may be, if the decedent died out ~
State and was not a resident. (4) In any county in which an1or ~
of tho estate may be. or the decedent not being a resident ~
State nor leavln11; an e tate in the county of death. (5) In oth!!:.dtioO
where application is first made, any person intere ted maY V " ~ ,
for probate of a will or may cont ·t sucb probate within on~An mventory and apprai ement is required of the executor o~or1 ~
or oo
pon the return of the lnven
i trator within three months.
court may st>t apart for u. e of the surviving husband or wit'~udf!II
the minor children, all the property exempt from execution tn
r~
°
BANKING AND COMMERCIAL LAWS-COLORADO
1837
any homestead selected, providing t.he same was elected from the
common property or from Lhe eparate property of the person selecting or joining in the select,ion of the same. If none bas been selected,
the court must select, designate and et apart and cause to be recorded
a !Jomestead for the use of the surviving husband or wife, or of the
mmor children, or if there be no surviving husband or wife, then for
the use of the minor children out of the common property, or if there
be no common property, then out of the real e tate belonging to the
decedent. Property so set apart is not subject to further adminic;tration. If upon the return of the inventory it appears that the value
of the whole estate does not exceed $1,500, the court may set apart
~~~e~eoJ~ of the estate for the use and support of the family of the
Protest. (See Bills and Notes.)
Replevin. There is no action of replevin in this State, but the
action of claim and delivery substantially takes its place. The
Plaintiff in an action to recover the posses ion of personal property
lllay at the time of issuing the summons, or at any time before answer,
claim the delivery of such property. An affidavit must he made by
~he plaintiff or by some one in his behalf showing that the plaintifi'
1s the owner of the property, or entitled to its po ession, that the
Property is wrongfully detained by the defendant, the aUeaed cause
of detention thereof, and that it bas not been taken for a tax, assesslll~nt or fine, or seized under an execution or attachment, or if so
s~ized that it is exempt; also the actual value of the property. Plaintifl' must also give a bond in double the value of the property. The
d efendant may give to the sheriff a written und rtaking in double
the value of the property, and retain the same, but in ca e he fails
so to do the property is delivered to the plaintifl'. Third parties
~ay upoD affidavit of owner:ship, claim such property and secure
its release under bonds. The judgment in such action is in the
alternative for a retw·n of the property or for its value in case a de}ivery can not be bad.
Sale of Stock Shares. Permit IL.ust be obtained from State Corporation Commissioner.
Statute of Frauds. A will must be in writing, except a nunc~pat,ive will. ( ee Wills.) An agreement not to be performed
'\\'1thin a year from making it must be in writing; also a special promise to answer for the debt, defraud, or miscarriage of another: also
aisreement made in consideration of marriage other than a mutual
Promi e to marry. An agreement for the sale of goods and chattels
or things in action at a price not less than 200, unless the buyer
accept and receive part of the same or any part; of the purchase
nioney. No estate in land will pass other than le~ e not to exceed
one year, unless in writing. An agreement authorizing or employing
an agent or broker to purchase or sell real estate for compensation
or for a commission. An agreement by its terms not to be performed
the lifetime of the promise or to make, devise or bequeath by will.
.1.~o evidence is admissable to charge a person upon repre entations
as to the credit of another, unless the representations be in writing.
owever where promisor has received property to apply pursuant
to promise or a discharge of an obligation in consideration of the
£romise, or where a creditor parts with value or where the new promse is substituted for the old debt, or where levy or execution is rei eased or there is benefit moving to promise from any party or whereat factor undertakes for a commission to guarantee a ale, contracts
o answer for the default of another need not be in wTiting. Trarufer
Of Personal property capable of manual delivery, except wine in cellars
aind tanks, when not accompanied by delivery and change of possess on are deemed fraudulent as to third parties unle. notice of intention of sale is recorded five days before transfer is made in accordance
'With law.
Supplementary Proceedings. When an execution is returned
~satisfied, the judgment creditor can obtain an order requiring the
iUhdgment debtor to appear and answer concerning his property before
e judge or referee appoint d by him, also, in case after the i uing
Of an execution, upon proof by affidavit that the judgment de_btor )?,a$
Property which he unjustly refu es to apply toward the satisfaction
of_the judgment, the judge may make the order, and in toad thereof,
~hit _appear that the debtor is about to ab:5cond, ~e may, l~y order of
e Judge, be arrested and required by him to inve security for the
jdudgment, or that he will attend from time to time during the penency of the proceedings, and that he will not in the me~ntime dis~se of any portion of his property, and in default of security he may
e Committed to prison.
Taxes. On the first Monday of December of each year taxes
become delinquent, except the la. t in tallment ?f the real proJ!erty
~tx:es_. and thereafter 15 per cent is added for dE:lmque_ncy: provided,
i at 1f they be not paid before the last l\Ionday m April next succee~ng, 5 per cent is added for delinquency. On the last >londay m
April, of each yeru·, all the unpaid portion of the remaining one-half
or the taxes on all roal property is delinquent, and thereafter 5 J!er
ient is added for delinquency· and provided further, tha~ the entire
a.x on any real property may be paid at the time t~e first mstallment
a.s above proviaed is due and payable; and provided further, that
the taxes on all personal property, un ecured by real proRerty, shall
e due and payable immediately after the assessment of said personal
Property is made. Public Utility corporations are taxed for ~he
~UPport of the State other property is taxed for county and city
..Urposes.
'Wills. Every person over the age of eighteen years, of sound
lnlnd, may, by last will, dispose of all his e tate, real and p~rso?al.
married woman may dispose of all her separate e tate by ,~ill_ w1~hr};t the consent of her husband, and may alter or revoke the will m like
,_ 8.1!,ner as if she were single. Her will must be executed and pro":ed
Every will other than a nuncupatJ".e
Ul hke manner as other wills.
will other than ~n holograph~~
:n1 must be in writing,. and every
,nil, must be executed and attested as follow .
nuncupativo
a
and
ill
1• It must be subscribed at t,he end there_of l?Y th;e te ta:or hims~lf.
0
some person in his presence, and by h1 d1rect1on plU t subscribe
or8 name thereto. 2. 'l'be subscription must be made in the pre:sence
to the atte ting witnesses or acknowledged by the te tator to them
have been made by him or by his author~ty. 3. Tho testator
:Ust, at the time of sub cribing or acknowledgm~ th~ san:ie, declare
'l'h the attesting witne. ses that the instrument I h1.· will, ~nd 1·
n ere must he two attesting witnes,.es, _each of whom m~t ._1gn his
aam~ as a witne at the end of the will, at the to. tator s reque t,
nd 11:1 his pres nee aud in the presence of each othe:· An boloraaPh1c Will is one that is entirely written, dated, and 1gned by the
in lld of t e testator hin1self. It is subject to no other form, and
'\V~Y be made in or out of this St,ite, and need not be w1~ne.·sed. A
d iti:ie s to a will should always write his nfil?e and residence. All
1ses or gift to a subscribing witness are void_ unle. · there are tw_o
0
o will made Ol;lt of this
St er competent subscribing witnesses.
Prate ~s valid as a will in this s,tate, unle exec1:1ted accord mg to the
fn O'Vi~10ns of the code, except that a will J?lade m !3- tate or counti:Y
as "'h1';!b the testator is domiciled at the tune of ~u d~at)l, an_d valid
as a Will under the laws of such ·tate or country 1s vahd m this tate
tn to Personal property. Wills proven out of state may be recorded
.
~ounty where testator has left over estate.
her equests for charity are void unless made more than t~1rty days
est ore deat,h and must in 110 case exceed more than one third of.the
b.f marnafe
1101ate unless there are no legal heirs. Will:5 are revoked
rovision for the same or an intent10J:\ not to proVIde clear Y
t~
n
!
hi
f~
a.pp~S:rf
117
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
SYNOPSIS OF
THE LAWS OF COLORADO
RELATING TO
BANKING AND COMMERCIAL USAGES
Revised by MESSRS, GARWOOD AND GARWOOD, Attorneys at Law
Denver. (See Card in Attorneys' List.)
es~i~::i:iegrra!c~~s.ru, ?tlli:~~_and instruments concerning real
1. Within thls , tate. before any judge, clerk, or the deputy clerk
of any court of _record, clerk, and_ rec?rder of any county, or his deputy,
or notary pubhc,_or before any Jl}St~ce of the peace within his county.
2. Out of this State and w1thm the United States before the
secretary of any such tate or Territory, tbe clerk of any court of
record, any notary public, or a,ny commissioner of deeds for any
such foreign tate or Territory appointed under the laws or this
State; before any other officer authorized by the laws of any such
State or Territory to take and certify such acknowledgment; provided,
there shall be affixed to the certificate of such officer other than
those above enumerated. a certificate by the clerk oi some court
of record of the county, city or district wherein such officer resides
under the seal of such court, as to the official capacity true signature
and authority of the _person certifying such acknowledgment.
3. Out of the Umted States. before any judge, clerk, or deputy
clerk, of ~n~ co~t of rec?rd of any foreign kingdom, empire, republic
state, prmc1p~hty, pr?vmce, colony, i. land possession or bailiwick,
befo~e the chief magi trate or other chief executive officer of any
prov~ce, colo~y, island po ession or bailiwick, before the mayor
o~ ~h1ef execut1~e officei: of any city, town, borough, county or mu!1JC1pal corporation. havmg a seal, or before any ambru ador, minister, CO{! ul, consular agent, charge d'affaires, co=ercial agent,
or any vice consul, etc., or any diplomatic consular or commercial
agent or representative, or deputy of any thereof, of the United
States or any other government or country appointed to reside in
the foreign country or place where the acknowledgment is made
'
each and all certifying same under his oillcial seal.
4. 0 1t of the State, and within any colony, island possession
or bailiwick of the United States, before ru1y such oflker as above
enumerated in relation to acknowledgments in foreign countries
(except ambassadors, etc.) or before any notary public, having a
seal.
Actions. The distinction between the forms of actions at law and
suits in equity is abolished. All actions must be prosecuted by the
party in interest, and are governed by a code of civil procedure.
Administration of Estate . All demands not exhibited in six
months are barred, unless such creditor can find other estate of the
deceased not inventoried, saving, however, to femmes covert, persons
of un ound minds. imprisoned or beyond the seas, the term of one
year after their disability bas been removed to e~bit their claims.
Creditors baYing liens on the property of the decedent can not fore-
~;~ \ire og1;_1Kiea~a~i:np~~;~~~ bxa:fui~f~t1o;it~s ~r~~t:de~i
surviving husband or widow, or next of kin of an intestate, if they
will accept or are not di qualified; if no such relative appears within
twenty days after death of intestate, administration may he granted
to a creditor: if no creditor appears in ten days after twenty days
from death of intestate, or if next of kin flies written relinquishment
county judge may elect administrator. In counties having a population of more than 50,000 on default of relative administration
is made by public administrator. An abbreviated form of administration is provided for estates not exceeding 500. (See Wills; Husband and Wife; Descents and Distributions.)
Agent. (See Partnerships.)
o restrictions as to aliens.
Aliens.
Arbitration. Differences may be submitted to arbitration by
consent of the parties in the form prescribed by statute, and a judgment may be entered by the clerk of the District Court upon the
finding of the arbitrators.
Arrest. Imprisonment for debt, except in cases where one refuses
to deliver up his estate for the benefit of his creditors, or in cases
of tort or where there is a strong prei-umption of fraud, is abolished.
In civil actions founded upon tort, where the finding is in favor of the
plaintiff and the verdict states that defendant was guilty of fraud·
malice, or willful deceit, execution may issue against the body of
the defendant, but not where the defendant shall have been convicted in a criminal proceeding for the same wrong. Imprison-
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
BANKING AND COMMERCIAL LAWS-COLORADO
1838
ment shall not exceed one year, :md the prisoner is relea cd upon
payment of the debt. The ,~Tit of ne exeat is granted unde1· propur
circumstances. (See Fraudulent Purehasers.)
Assignment. iu,si~nments for the benefit of creditors may be
ssignmade in accordance with provi. ions of tho Assignment Act.
meuts of wages not covered at the time of the assignment, or of
other ·ums to become due to t,he assignor. are invalid unle.·s re<'orded
with the recorder of th county where the wages arc to be earned,
or the .urns are to l>er.onie due, ,,ithiu fh'e days from date thereof.
If the a ·signor is a married man or woman, residing with the wife
or husband, he or she mu. t join in the a· ignment. Th re are also
p1•ovisions regulating assi"11ments to wage-brokers and otl,ers.
t.tachment.,;, In aetion on contracts, expre.·s or implied. the
11
0
g~aJ~Iti~ d~ibl~a~;~e t~~lgtif.1 ~\~~c~'1-or ,~?~Ya~f(\;~.~ i~;f ~fi~l~llM'.11i~
agent or attorney, etting forth the amount anti nature of the debt
claimed, anti one or morP of the following grounds of attachment.
l. That defendant i a non-re ident. 2. A foreign corporation. 3 . .\
corporation whose chief ollke 01· htIBine.·s i · out of thi · State. 4. rs
evadinA' service, or has been ab ·Pnt from State for four mouth. , while
debt has been overdue. !'i, I,; ahout to remo\'e his property out of
'tate. 6. Has fraudulently com eyed, 01· (7) fradulently concealed
or removed or disposed of his property, or (8) and (9) is ahout, t<> do
either, or has departed or is about to depan; from this State, with the
intontion of having his effects r moved from this :state. 10. Has
failed or refused to pay the price or value of any article delinired to
him to be paid for upon delivery, or (11) of any work or lahor performed, or for any service rendered by plaintiff, for defendant, to be
paid for upon complotiou. 12. That the defendant fraudulently
contracted the debt, or procured the money or propert.y of the plainti1f. In justice cotu·ts, the fact that the debt is for farm products,
house rent, household furniture and furnishing, fuel, grocerie · and
provisions, clothing· and wearing a.pparel fo1· the debtor or his family,
1s additional ground fo1• attachment. Garnishee process "ill issue in
aid of attachment when money or p1·oporty of the debtor is found in
possession of third per.sons, property of non-residents and absconding
debtors can be attached as in most other States.
Banks, State. Any number of persons, not less than three. may
engage in the business of ban.kin~: the capital stock must not be Jes.<;
tba.n from , 10,000 to . ,50,000 dependent upon population, all of which
til~~i1'.
bf!~~:ri?1~-m~~nt~~J~!tn\11~"i~:sse~\;~~}t~ei~
ft;t;!t~etR!~~of
lien on any part of its ca.pita.I stork; nor ta.ke as security a lien on
any pa.1·t of the capital stock of other banks; nor take as security a
lien for any person on more than 25 per cent of the total shares of
any other bank; nor may it hold or purchase any portion or its own
stock, or of the capital stock of a.ny other corporation, unless such
purchase is necessary to prevent loss upon a debt preYiously con'tock so
tracted in good faith, or in other peculiar circumstances.
purcba ·eel must be sold within three years, and sooner if this can be
done without impairing the bank's investment. 'har holder· in
banks. savings bank,.;, trust deposit and security a.ssociations .·hall be
held individually responsible for debts, contracts and en!!:agement. of
~·aid a sociation in double the amount of the par value of he stock
owned by them respectively. Any hanker, bank oflirer or employee
who receives money or prope1·ty after he shall have had knowledge of
the insolvency of said bank, shall he deemed guilty of a felony, and,
on conviction, punished by irnpri. onrnent in the penitentiary for not
more then twenty years, or hy a fine of not more than 2,000, or both,
and in addition shall be in<lividually responsible for the propert~·
received. Failure of the bank or banker within thirty clays after
receipt of such money or property is prima facie eYide11<·e of knowledge
of the insolvency at the time of such receipt. Loans o any one
individual or corporation are limiteti to 20 per cent of the paid in
stocl· and surplus of the bank. Loans secured 011 real e.·tate limited
to 25 per cent of total interest bearing securities and to a period of
three years, but further loans allowed secured by first mortgage on
real estate, worth double amount of loan limited to ,>0 per <'ent of
"o bank may eng-a"e in
saving deposits and to a period of flve years.
trade or commerce; or acquire realty, except such as is necessary for its
business or such as is neeessarily acquired in the protect ion or satisfaction of previously existing loaus made in good faith. Any realty so
acquired must be sold in five ;rt•ars, or sooner if possible. ~ 'o director
may borrow money in excess of 10 per cent of t,he eapital and surptu-:,
without the con-;ent of a majority of the directors ot.her than the
borrower. No bani{ shall loa11 to any officer or ernploye thereof.
AU banks except National Banks, are under the sup •rvision of the
State Bank Commis ·ioner who e.·amines ea<·h instil ution at leru t
twice yearly. If ho find. capital impaired. he requires the hank to
make up deficiency, or take.· po ·ses.·ion for pm·poses of li11uidation,
a.s circumstances may require. Insoh cnt hanks may be pl:H·cd in ,·ontrol of the .'late Bani, ommi• ·ioner. l sually no rec Ive· can be
appointed, nor can a banlc make an 11s i•mn,ent, for <'reditor.', l•,very
bank makes r•ports of i condition to the commi ·iuner flye times
yearly. • To bank can do bu ine ·s without a certifl ate of authority
from the commis. ioncr. ·,n ing banks are subject to the tate
banking law under a munber of pedal provisions and r tridions.
Bills of Exchan •e. (.'ee ommercial Paper.)
Bill of LadinA" and Promi ..,ory. ·otes. (::lee Commercial Paper.)
Chaftcl "'lortga.,es when recorded are good for two years where
sum secured does not exceed 2,.,00; for five years, ,·hen sum do snot
exceed 20,000, and not exceeding ten years wher .-um ecured
exceeds <::20,000; but if the ..;um sceurcd be greater tb:m 2,500 mortgagee must annually record statement stating that th · mortgage
ecures a bona fide indebte<lne · ·. the portion ,, hich lia · been paicl,
and the amount still due. l l1attel mortgages ma.y he t>xtended
after maturity, but not more than thirty days after matm·IW, hy
J~~\~~c:;J} ti~
~~~tfe~
0
~10~it~_io~-w~fi~t~~\t~nJ;l~
~\~tya~e:o~~:~ed Ai~l
gages are good until the indebtednc.-s is paid or is barred hy the
:statute of limitation. . , Iortgao-es of .-tocks of J.(oods whid1 re ·erYe
pos::.ession and power of ale to mortgagor, are , oid a against creditors and bona fide purchasers. Disposing of rnortrraged property
is larceny. Chattel mortgagee, his agent oc· attorney, now allowed
thirty days after maturity of debt in which to take possession of
mortgaged chattels, and during- said thirty da.ys, or until possc.,;sion
is taken by mortgagee, his a2:eut or attorney, tho mortgagor shall
have tho right to pay :aid debt and have rnottgage dbcharg-cd as if
debt had been paid at maturity. Chattel mortgages, sec·m·ing the
purchase price of any artide may, at any time \\ithin thirty days
after the maturity of the indebtcdne. ', be ext1?nded by the mortgagee
for a. period not exceeding two years, and for like period thereafcer.
Ohattel mortgages upon hou.· lH l<l , goods used by tho family, when
made by hu ·band or wife re iding with the otJ1er, must he made
by husband and wife jointly.
Collateral . Persons holding stocks n corporations a.,;; collat ral
security not personally liable as . tocl~holders for corpornte debts.
.A pledgee of .'tock may ueverthele. · repre ent ame at corporate
meetings, Tran fer of tock either in pledge or oth rni · • mu"t be
noted on the books of the company within sixty days or the transfer
is void for some purpo. C',
Comn1ercial Paper. To be negotiable, an instrument must contain an unconditional order or promise to pa~' to order, or to bearer,
a certain .,;um of money or demand, on at a fixed or determinable
time or times. '!'he instrument may authorize that upon default
of payment, of any installment, or of interPst, the whole shall become
due, and in case of non-payment, the sale of collateral securities,
or confes:ion of judgment, or waive benefit of an~' law intended
for the advantage of the obligor. An instrument. payable on contingPncy i,.; uot negotiable. The date expressed i: prima facie the
t,rue date. One in po. ·se.-sion of an incomplete in ·trument has prima
facie authorit~- to fl11 in the blank·, but authority mu. t be strictly
pursued. Consideration is prlrna facie presumed. A pre-existing
debt i.· a valuable eonsideration. An accommodation party is liable
to a holder for \ alue \\ it h notke. 'I wo or more payees, unless partners, must all inum·s,} unle."s one has author ' for all. An instrument
pa:vahle to a person as eashiei· or other fi~cal officer of a hank or corporation is <leeme<I prima facie payable to the bank or corporation, and
may be indorsed by the corporation or b;r the ollicer. For one to
he a bolder in du cour..· the in-:trument mu,·t be complete and regular,
and taken in good faith for value before ov,•rdue, and without notice
of any infirmit y in the instrument or defeC"t in title. Holder is deemed
prima faeie hairier in due course ; but ,,hen. the title of a per ·on who
has negotiated it i :ho,m to be defect ive, tho burden is upon the
holder to prove him.;;olf a holder in due com .·e. .\. qualified indorser
warrants the ~enuineness of the instrument; that he has a good title,
and that be has no lmowledire of any inYalidity. An unqualified
indorser warrants the instrument valid and c·ubsisting, One indorsinf!;
an instrument, negotiable by delivery is liable as indorser. .1<:xcept
,vhen excu.sed, presentment for payment,, or acceptance, on the daY
when due is necessary to charge drawer or indorser of an instrument.
Presentment must he made on due day, and notice of non-acc-eptance
of non-payment, g-iven on next business day to all parties pt·imarilYliable unless one has authority for all. Every negotiable instrument
is payable at. the time fixed without grace. Waiver of protest is
deemed a waiYer of formal protest, presentment, and notice of dishonor. Prqtest is required only in case of di ·honored bills appearing on their face to be fo1·eign. It is optional in case of other negotiable instruments. Bills dra\Yll and payable within this 8tate are
inland; others are foreign. Parties secoudarily liable are dis,::harged
by extension of time of payment. Payment, by a party secondarilY
liable, unless an accommodation party, does not discharge tbe instrument, but he may agir negotiate it. A qualified acceptance discharges clra\\er and indorser unle they assent. A sent is presumed
after notice, unless they dis.c;ent. Holder can refuse to receive a
qualified aeceptanc-e. .i. ·o presentment for payment is necessary
after non-acceptance. A note d1·a"m to maker's order is not complete unle. indorsed by him. A check must be presented within
a reasonable time or drawer will be discharg-ed to the extent of the
loss caused by the delay. The bank is not liable to the holder until
it accept· or certiflc. the check. \\7len not otherwi e provided bY
this act, the law merchant, prevails. 'l'hi. act applies only to instruments executed on or after July 20, 1 97. All instruments falling
due on unday or holi<lay are payable the next busine. day. In
Denver, during June. Jul~- and August, .'aturday from twelye o'clock
noon until t\\elve midnight i. a holiday, but negotiable instruments
falling due on Saturday are payahle and protestable on aturday or
next busine · clay at the option of the holder. The provi ·ions concerning commercial paper in this state are practically the same as
in all states where the Tegotiable Instrument· .\.ct has been adopted.
To joint tenancy in real property unle. - expresslY
Con,·e:rances.
declared in the deed, except in certain particular cases. Unless
so declared grantees . hall be deemed tenants in common, Lands
'ot necessary for wife to join
not in possession may be conveyed.
in deed except in a conveyance of or a mortgage of a homestead,
entered as such of record. \Yitne.·,.,e.- arc unneecssary. Seals are
not necps-..ary hut a printed or ink seal is advisable. Unar:-knowledged deeds arc cl emed notice from the date of tiling but they can
not be read in evidence unle.-s "·ubsequently acknowledged or proved,
unless they ar' on record for o,·er thirty years. (See Acknowledgments; Uushanu and "'ife.)
Corporation~. Three or more persons may form a corpora·
tion by filing a certificate in the proper offices. stating the name,,
objects for which organized, amount of capital stock, number off
shares (not less than · l . 00 or more than . I 00. 00 per share), term o
existenr:-e (not to exceed twenty years. exoept in particular cases),
number of directors (not, le s than three or more than thirteen), and
names of those to manage the c.orporation for the !lrst year, the place
where prinripal office is to be kept, and counties in which its bu.,;inesds
is to he carried on. If part of tho company'. business is to be caL'ri~
on beyond the limits of the State, that fart . hall also be stated 1n
the cert iflc-at('. The c· rtificate shall also .tate whether or not cun ulative Yoting shall be permit t d. Fee for filing Articles of Incorporat ioU
of dome-ti <'ompanicr i. 20, and 20 c •nts on each thousand dollarsh
in e ·ep · of -o,ouo. I•orei2n corporation,, ._:rn, and 30 <"ent.- on eac
thousand dollars in exec, of ,0,000 rcpre ·entcd by eapital, prope~tY
and a ~(>t employed am! located in Coloraclo. Direc·to s of a minuig
or manufac uring corporation <'annot encumber tho mine· or plant
of su<'.h corporation until the que ,tion h s b n suhmitted to the
to kholcler' and a majority , ote of all tl e share of ~tor·k has been
made in favor of .-u ·h propo itlon: and suc.h mort~ge or eucumhranc1
without Ul'h cou nt is absolutely Yoicl. ( 'umulath e method fo
i · permitt ct. . ockholders are liahle or
balloting ~ r dir cto
co porate deb to the a.mount unpaid u >on the :to<"lc, e.·cept tl~a~
stockholders in bant- ', a\irnr bank . tru t, <l po,-,it, and secm·1U
associati n arc iudh f<lually re ·po11. ibl in double the amount of the
par valye of heir stock. , ·hen the tock h ·omes fully paid up, a
cert itll'ate to tlla.t cfTt:t•t houl<l be filed. '11 e clirP.c·tor.- a1·e reqmrei
annually, and within si.,ty day,, from Januar • J t. to file a repo!'
ta ting the a.mount of the capital sto ·k the proportion actually pal~
in, am! the amount of ext-ting de s, to_g-ethor with many othe
\ failure to file ;..uch reporL makes all 1e directors an~
particulars.
otlirer · or the company jointly and severally liahle for all the d~bts
of the c•mnp:uw contral'ted during the year ne t 11rececli11g the t1nw
when such report should have heen flied, and unt I uch report sha f
be made am! flied, and subject pre ... id ut and <'<'l'etary to a Jlne ie
not less tlian 1,000. ~ To mectin" of the hoard of clirel'tor. can
held outsid, the t·1te unle.s so proYidctl by tht> rti•·les of incorf
poration. ('orporation ma~· be di. ol\·e(l by a two-thirds ,·oto ~'
the entire sto<'k. A corporation under the la\\ of <'olorado, 111aa
extend its charter by spef'ial meeting of tl1e stockholders, cange
by 10 per cent. of tl1e entire capital sto ·k. <',orporat,o life shall. n
renewed for entire term, not exceeclin~ t\\ ent.y years. Fore1g
corporal.ions doing bu. ine,s in this 'tale are not allowed a long~r
term of <•orporntl' oxi tcnc~ than dome tic corporations of like cbr;
acter, but must fll ron wal ccrtiflc-ate and pay fee· therefor in t 11
sam manner a domestic t·orpo1·ations, pro ·itled that such. renew~
must not extend the life of the foreign corporation heyond the te:,u
fi_·ed by the 'tute where it "a,; orgauized. Generally no foru•1tr
corporation ball ha· or exercb an. corporate pm\er· or h?lr1
acquire any real or p •r. ·1mal property, franchi-- s, right , or privil~ir~;
or he permitt.ed to do any b11.:·iue · or prose<"ut or defend any slllt d
this SLat , until it ha Ill d in the prover office- copy of It.- chart~r a.i~r
incorporation act, ancl de ignntecl au agen upon wbom ser\"~ce 8
proce. s <'an be rna<le, arnl until all pre crihetl fees lnrludin!!' hc~f;g
tax. chall have been paid, and until i uance of a rertiflca1 o .et
. n
forth such full payment.
In addition to all other fe and taxes, every dom stic eorporattoal
ha 11 pay 011 01· befor tbe first day of fay of each :i, car, an anuu
BANKING AND COMMERCIAL LAWS-COLORADO
State corporation license tax to the secretary of t,he Late of ( olorado,
dollars on a capitalization of one hundred thou and dollars or
less and ten cents on each one thou,-,and dollars or fractional part
thereof, when the capitalization is rnorn than ono hundred thousand
dollars, and every foreign corporation hall pay at the same 1·ate
upon that proportion of its capital, property and asset:s located and
or ten
nhe
na
tly
ng
le
rtnt
1839
Saturday is a legal half holiday during June. July and August in all
•ot all
cities of Colorado having a population of 100,00ll and over.
t.he above are legal holidays for every purpose.
Husband and 'Wife retain their :separat.e Jll'OJJerty, real, personal
and mixed owned nt marriage, a11d any sueh property which shall
come to either of them by descent, devise, or bequest, or the gift,
of any person, for their own separate use. Huch propert,y of Ow
wife is not liable for the husband's debts. Wife may carrJ· on trade
or husine. s, sue and be used, contract debts, and C\:ecut.e promissory
notes, bond ..·, bill.s of exchange, and other instrument::; precl:·ely . ·
if sole and may ('onvey real estat11 without the husband jolJiing in
the deed. ~\ny chat tel mortgage UJ><m, 01· sale of, the household
goods used by tbe family, and any conveyance of. or mortp:age upon,
a homestead, and auy assip;ument of future wages, or sums to bet'<)lllC
due in tho future, when made by. husband 01· wife residin~ with the
other, must be joined in by that other. A marriecl woman may
mrtke a will, but neither hu-;band nor wifo shall uevise or bequeath
more than l If of his or her property away from tho other witt1out
the consent in , 'l'iting of the other, executod art er death of the testator
or of testatrix:. . larriage re,·okes a will prcviou Jy mad<>. The
husband is liable for the debts and liahilitip,; of the ,·ife C(lntractPd
hefo1·e marria!,{e t,o the extent of the real and personal pro1icrty he
may receive with or through her, or deriYo from the sale or renL of
her lands. and no further. The expenses of the family and t,htr 0ducation of the C'hildren are chargeable upon the prnpert,y of hotb
husband and wife, and in relation thereto they may be sued joint,ly
or seYerally. I<:ithor husband or wife living togethe1· can si>parateh·
declare prop rt)' or reeord in the name of tho other "A Homestead t,
by an entry of rceurd oYer his 1)r her sirmature. ... 'either can mortgage
nor convey homestl'ad without the sii:maturc of the other.
Intcrc,;t. rr'ho legal raLe is 8 per cont., bnt any o1,her l'ate not
exceeding 12 per ('Cllt may be fixed l>y agreement,. Eight, per cent is
allowed 011 overdue bonds, hills, promissory notes, and judgments.
County, town, and city wart'auts and ot,her like evidences or certificates of munidpal indebtedne ·s bear Ci per cent, intel'est from presentation. Twelye per cent is the ruaximnm interest rate tlxed by tbe usurv
·
law, of this state.
Judgments. A transcript of judgment may be filed in the office
of the county clerk and recorder of any county in the State, and
thereupon sueh judgment becomes a lien upon all real propert,y
owned hy the judgment debtor in that county. The lien holds for
six years from the date upon which filed (and successive transcripts
may be flied. ) An unsatisfied judgment should l>e revived ever:v
·
twenty year:s. (See Executions.)
Limitations. Actions for the rocornry of land must be brought
within twenty years after accrual of right. Act.ions for the recover~·
of lands actually occupied by another under a connected title deduc-
elllJl~t~dpt~ii~~~~;<~~: the .fieyenue bill, appro,·etl August, 4, 1917,
and this act regardino- annual reports, asse. sment or tangible an.d
intangible property, etc.. too , oluminou. · to b quoted, mal,e it
advisable that care should be exerd.,ed by both dome ·tic and fo1•ei~ corporations operating in the State to acquaint themselves fully
(.'et> <luaranty <' mpanie ·; Trust Companies,
Wtth it. requirements.
Transfer of C'vrpm·atiou Stol'k.)
Courts. .Tustiees of the peace have jurisdictio!l in m_attors involving less than S:300, county ,·onrts in niattors 1n,·ulnng_ l~ss. il;an
12,000, except in tho admini,;traLion of estates, where .JU1:1sqi<'~1on
ls unlimited. The district c·ourt is tbo court of ~eneral JUL'1s<l1ct1on.
The supreme court is the court of final appeal, an<l also has some
original jurisdiction, as in ca:;es of babea.s corpuc;, maudamns and
other remedial "Tits.
Days of Graec. Are abolished. (~ee Commercial Paper.)
Depositions. The deposition of a witness out of the State shall
be taken upon commission issued hy the clerk of the com·t where
the suit is pending on the application of either party on five days'
Previous notice to the oth1·r. which notil'o shall t e accornl?a1~ied
by a copy of the interrogatories to he attached to the comm1s.s10n.
It may be issued to a person a.~rccd upon hy the parties or to any
judge or justice of the peace, or to a commissioner appointed by tho
governor of the State to taJ·e atndavits and depo,;itions in other l:>tat.es
and Territories, or to a notary public. The adverso party may file
ahnd have attached to. the commic;sion sue~ cross-\nierr91,mtories ~
e n1ay desire. Parties may agree by written st.11rnlat10n t-0. take
the deposition orally, or, upou proper cause shown. may obt.am an
Order of court directing it to be so taken. Depositions can be taken
at any time after starting suit.
Des<·t>n ts and Distributions. The estate of an intestate descends
one-half to the :survivin"' hu:sband or wife. and t,he residue to the
surviving children and descendants of children, if any; if none,
then the whole descends to such surviving husband or wife. Except
as enumerated the estate of e,·ery intestate des<'ends: 1. To bis
children surviving, and the descendants of his children who. arc doad,
the descendants collectivdy taking the share which then· parents
'IVOU!d have taken if living. 2. If no children nor their descendants,
then to his father and mother. share and share alike. and if one dead,
then to the other· if no fat.her or mother, then to his brother· and
Sisters, and to descendants of horthers and sL ters w~10 . are d~ad,,
tb.e descendants collectively, taking the share o~ tb~1r_ unmed1ate
0
:e\~~~~lt%nar~r :Si~irp~~:s~{;!!rtfke~f
~~~rtof;ii?rge lr~t~:it
ancestors in equal parts. a. If none of the roregou1g. hvmg, then to
the grandfather, grandmother, uncles, aunts and thell'. de:-cenda!lts,
If title is acquired after taking possession, statute runs from date
the descendants taking collect,ively the share of ~heir 11umed1ate
of acquiring title. Actual possession of land for seven years under
ancestors in equal parts. 4. If none of the relatl\"es a)>ove enuclaim and color of title with payment of all taxes for said period,
merated be living, tben to the nearest lineal ancestor and tl?,e~r desce_nuconstitutes the possessor owner according to the purport of his paper
ants, the descendants collectively taking the share of their unmed1ate 1 title. The same is true of vacant and unoccupied lands, unless someancestors in equal parts. All posthumous children or de~cendants
one with a better paper title pays the taxes for one or more Years
Of the intestate, inherit as if born in the lifetime of the mte.state,
during such tern of seyen years. Actious of debt founded ·upon
and an children of the half blood and all legally a~~pted chµdren
contract express or implied; upon judgments of courts not courts of
~ll inherit as children of the whole blood. llleg1tnnate child en
record; for arrears or rent; of a.<.;slJmpsit· -{Jr case founded on any
&<lllerit if parents suhsequently intermarry.
contract; for waste and trespass on land and for replevin, must he
begun within six _,ears after t.11e C'ause of action accrues. Actions
Dower. Common Law Dower and curtesy are abolished, ?s s~1ch,
against sheriffs and coroners, for liability incurred by them in their
~Ut statutory half of husband and wife in eaeh others estate 1s given
official capacity, shall be brought within one year after the cause of
'tatutes.)
oe
(,
surtesy.
and
&.1.1 lieu of old common law dower
act.ion acC'rues, al,;o actions for as. aull. anrl battery, false impriso11ment, slander and libel: also actions for penalties or forfeitures of
Executions. Executions may be issued where no app!!al is taken,
penal statutes. Bills of relief for fraud mnst be fJled within three
and When placed in the hands of an officer become a hen upon .all
years after disC'OYery, in case of a trust. not cognizable by the courts
ftersonal property of the debtor not exempt, in ~•he county to wh1<:h
of common law within five years. In actions accruing out of the
t is issued, and it may be directed to the sher1il' of any <;ounty m
State upon contract, express or impliod, or upon any scaled instrue State. Executions may issue upon judgments a_t any tune after
th
6'\Te days from judgment and within twenty years tr9~n the dat1:. (?f
ment in wriUng, or judgment or uecree of any court, more than six
years before the commencement of the action the statute of limitalltltrr but from and after twenty years from t~1e entr? of J_udgment, ~t 1s
tions may he pleaded in bal' of recovery. If a jud~ment has been
Considered satisfied unless revived as provided b~ la\\. Debtor or
rendered without this State more than three months before suit in
legal represeni.atiYe has six months to redeem land from s~le _under
this State. and is based on a cause of action more t.han . ix years old,
execution. Judgmont, credit.or has three months after e>:1nrat1on of
such cause of action can he pleaded in bar of the judgment. Tbe
Ila.id six months. Judgments can be made a six year hen on real
~b.te of debtor hy filinll'. transcript with recorder of the county where ' constitutio11ality of this latter proYi ·ion has, howeve1·, heen attacked,
antl is Yery doubtful. ( ee 117 Fed. 400.)
e real eate is situated.
l Exe.rnpttons. Homestead, consist.ing of t~wn ~ouse ~1~d lot or
J\.larrle1l Women. (See Husband and Wife.)
;~. or of any farm to the value of not to ex1.:eed J,000, 1s exemp~.
Mechanics' Liens. l\Iechanics. material-men, contractors, sub-n such homestead has been entered of record as such, and 1s
builders, miners, and all porsons of every class performing
contractors,
~Pied b,r a householder, the head of a family. Personal yroper_ty
labor upon, or furnishing materials used in tho construction or repair
:te::rnpt includes all wearing apparel or the debtc~r and his family
or any other strn<'t.ure or impro\·emcnt upon Janel,
building,
anv
of
1
PlctUres, school books and library, beds and heddmg, stoves, C<?okalso ii:ll who ha,·e ren<lored their professional, skilled service upon
~ Utensils, anti llousohold furniture, not exceeding ~00: provls10ns
a lien upon the property, also those who work m·
have
i;t.ructu1·e.
such
...d fuel for si.· months; tools, imJ)lcmonts, or st_oclr III t.r~?e, up t~
aterials or machinery for the worlcing of a mining claim
furnish
"'00; one cow antl call', ten sheep and nee• a.ry food for six months,
or mineral deposit, shall have a similar lien. Liens rank in the follow0 \'~ing animals , p to $200; tho library and implcme~1ts of a, J~ro1
ing order: 1. Laborers or mechanks working by tbe day or pieee,
l881onal man up to $:300; 0110 hicyclo and one . ewm_g ma~bme.
without furnishing material. 2. l:luh-contract.ors and material-men,
A.!~ns not the heads of families are entitled to tool~. W(/rkrng a.mm~!~,
whose claims are either entirely OJ' principally for materials, machinery
stock in trnde not exC'eeding aoo ill value. \\ hen debtor JS
other fixtures. a. All prin<'ipal contraet<irs. Laborers are allowed
or
at8ad or familv or ~vife of head of famil)', GU per cent of wa"es dt~e
month, material men two _months, and tho origiiml_ cont,~a~tor
one
is
garuishment,
or
tachmcn1.
at
e till!e of h3\:Y under execution
mout.JL<; after the c<Hnplet1'>n of the structure, w1tJ1m winch to
three
\Vtlllpt, when :i.1ch family reside; in the ::itate and b depcn~.c~~'.
ction to enforce ; ·ucl1 l1e!1 !nust be com_me~ce_d
mo claim of lien.
d Olly or partially up;m ,,uch earnings for upport. If uch "~..,cs
six mont.hs after completion OI tho lnulllrng upon wh1cb 1t 1s
within
~e~ot exceed ~.3.00 per ,,eek at the time of levy, tl1e.r are entirely
' claimed.
Pt.
l\,lortgagei;. Ordinary mcn:tgages on realt.y ar~ in common use;
.,1,~aud. Parties t.o any fraudulent sale <:f ~Y _l?nds, goo~s or • also deed:,; of trust to a public trustee and to private trustees. A
~ttels, or wlro conceal. secrete. remov~ .01. d1spo e of any. ,,..l~Ods
deed to p1·h·a10 trust.ee is foreclosed :1-s t,o a mor\gago, In ~ase
trust,
Co Chattels, or are parties to any bond, su~t. Judi::mo!1t, or execut1<)1_1,.
the puhlic tmstee is named, t,he propertj' 1s sold by h1!n as TH'C?''1ded
!l,n11tract or conveyance ha.cl mad<.•, or contn,·ed ,yith mtunt to. df:cen ~
deed after auvertiscment in a newspaper designated m the
the
in
IJidb defraud or defeat hinder or delay c.reditors; a.re cnmmall:y
trust deed, and sueh adyertisement shal1 l~ot be less tha1_1 f\>lll' weoks.
fl le. 1)ne 'who purd1asc goods 011 credit under a1~ a., urned, or
sale bj' t.he public trustee. a certitlcate. of sale 1:- issued. . A
a
Upon
purchased
havm~
or
r;
sell
gctltious name with intent to defraud the
incumhrancer may redel'm hy paymg t!rn amount hid,
ea~ ou credit shall. with i11tent to clefr:aud the. eller, ~...eu. hYI!.oth~- subsequent
and tlle sum so paid hall he added t,o the amount. of ~he su_hscquent
o-rte, or otherwise dispose of them out ot t~e usual cour:se of busmes:s,
'l'ho grantor in the t,rusL deccJ, or his assigns _nu~y
encuml>rance.
&ecrete himself, 01, abscond, shall he guilty of a ml demeanor.
redeem from sale wit.hin six months. After six m~rnths, and _w1t,!1m
tr,,l;,!~uds, Statute of. 'l'he following must be i 11 writing: C'ollnine months, a judgment creditor may redeem. After tho expiration
th e
~""""5 for leasing of land for period longer than one year o~ ~~r
of the period of redemption the public truc;tce exe~·utE:s a ~leed to
lte e or lands or any interest in land;;; ever:,· agreement '' bich ~Y
the property t.o the holder of the certificate of sale, wtuch 1s assignable.
»ro terms is' not to be performed \\ithin one_ year: every specia~
Hedemption from sales of mort.gagell properly the same as sales under
~ lllise to answer for the debt, default or m1rcarrfage of _anoth_er •
execution::;.
otery agreement promise or undertaking made upon comndcration
·otes and Uills of Exchange. (See Commereial Paper.)
for llla.rriago, except mutual promises to rna.r~y, an? everr contr~:t
Partnershi])s, Limited and Special. A limited partnership
Of 1th e sale or any goods, chattels, or things m act!on, fm th e. P_m~
may consist of vne or more 1-{enerr,,l pa1·tners, jointly and severally
g~O or moro, unless the buyer accepts and receIY~s 1~a.rt of s~~
liable and one or more special part.uerR contributing a specifled
er at, the ti e)
or the evidence of some of them, or the
~ay
Ga Part of the purcbaso money. (See Sales of I ersonal I roperty.
amou~1t of cash or property, who are not liable for the debts of the
part,nership beyond the amount so. contributed. O~ly the genera\
.
lll'nishment. (See Attachments.)
partners can bind the firm. A certificate must be signed, acknowl0
The following are legal holi~~ys In ~lorago: Fm,:t
~~ 1tday!I.
edged, published, and filed of record giYing details of partnership
!9th or January 12th daY of February. 22nd da. of l<ebruar:,:_. .\.II persons doing business under any name otho1· than their perJllir d~ of .May: 4th day of July. 25th day of Decem~er. ThankD::sonal names. must tile an affidavit showing the real persons repre~ g Day. Arbor Day being 3rd Friday in April. ~,olorado a:y •
sented, or they may not bring. suits upon debts due, and may be
OOJ. g .August 1st. Lat,or Day, being first Mond~f lll • eptemb~r.
convicted and fined.
ll:rnbus Day, being 12 th day of October. In adcht1on to the abo'\e,
~,ilig[
f
r
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
!m~
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
BANKING AND COMMERCIAL LAWS-CONNECTICUT
1840
--- ---- -----------:-------
l'owers of Attorney. Powers or attorney for the conveyance
of land · must be ackuowledged in the same manner as deeci'>, and
must be recorded in the sa.rue county ·herein the real property to
be conveyed is situat .
Protest. (See Commercial Paper.)
RepleTin. A writ of replevin may issue in any suit to recover
po ession of personal property upon filing a bond in double the
value of the property, with aUldavit of ownership or right to possession, "\\Tongf1.1.l detention and value of property, etc. Redelivery
bond in similar amount may be given by defendant in forty-eight
hours after leyY.
Sales of Personal Property. Every sale or assignment of goods
and chattels in the possession or under the control (!f the ven~or
is void, as against creditors or ubsequent purchasers m good faith,
unless accompanied by immediate delivery and fol.low~ b~ actual
and continued change of po se. ion. Sales of any portion ot a stock
of merchandise otherwise than in the ordinary cow·se of trade are
prima facie fra.dulent and void a.gains~ creditor.·. unle_. seller ~d
purchaser together, before . ale, make inventory, showmg quantity,
and cost price of the various articles; and unless purchaser m!1-kes
full inquiry of the seller as to names and addre~ses of all creditors
of seller, and the amount due to each, and obtam an ~nswer; and
notifies each creditor of the proposed sale, the cost price. and the
proposed selling price; and unless the purchaser retains the inv~ntory
and written answer at least six months after the salo. This act
does not apply to sales by leKal representatives or public officers
conducting sales in their official capacity and there are some other
exceptions to this law. (See Husband and Wife.)
Suits. (See Actions.)
Taxes are generally a lien on real estate until paid, a.s also upon
stocks of goods including new goods added thereto, Taxes may
be paid in two semi-annual installments; the first on or before the
last day of February, and the residue on or before the last day of
July of tho year following the one in which they are ~ es: ed. Tax
sales are held in Tovember when tax certificates are given to purchasers on which treasurer's del,d may issue after three years. H.eal
estate old for taxes redeemed any time until treasurer's deed i ·ues.
All mines and minin~ property of the class heretofore exempted by
the constitution of the State shall be asse sed and taxed and the
taxes levied and enforced by sale of the property taxed in default
of payment. as is provided bylaw in the case of other cl~ es of taxable
real properties. Delinquent taxes carry interest at the rate of 12 to
18 per cent per annum. Household goods to the value of 200 belonging to a head of a family are exempt.
Wills. Males of the age of twenty-one years, and females of
the a"'e of twent,y-one year·, may dispose of their real and personal
property by will but per·oual property may be dispo ed of by will
by any person of the age of seventeen years. For restrictions as to
married persons, see "Husband and Wife." All wills. whether of
realty or personally shall be in writing signed by the te ·ta.tor or
some one for him in his pre ·ence and at his direction, and atte rt~d
in bis presence by two or more credible witne ses. Unless otherwise
expre ·ed in the will an after-born child will . hare in the propert;v.
Devi es and bequests to witne.·ses are null and void. unle · the will
be attested by a sufficient number of witnei;ses exclusive of such
persons. No will can be revoked otherwise than by the sub equent
marriage of the testator, or by burning, tearing, or obliterating the
same by the testator, or in hi· pre ·ence and by hi dire ·tion and
consent. or by another will or credit, declariug the same, duly signed
and witnessed, or by a formal annulment thereof. The property
devised bY will must be administered by the county court, and all
property of non-resident· must generally be admiui. tered to clear t!tle
to real property situated in this tate. (See Husband and Wife;
Descents and Distributions. Admiuistration of Estates.)
Actions. There is but one form of civil action. Mesue process
in civil actions consists of a writ of summons or attachment,, describing the parties, the court to which it is retun1able, and the time and
place of appearance, and embodies the plaintiff's complaint. All such
writs shall be ,-igned by a justice of tho peace, commi. ioner of the
superior court, or judge or clerk of the court to which it is returnable.
The complaint ·hould contain a conci e statement of the facts constituting the cau e of action and a demand for relief, and legal and
equitable relief may be demanded in the same action. except in actions
before justices of the peace. who have no equity jurisdiction.
Ad.ministration of E tates. The probate court has jurisdiction of decea ed estate. . Administration on intestate estates is
granted to Lhe husband or wife, or next of kin or to both. On theil"
refusal or incapacity, or upon objection by any creditor or heir to
such appointment found reasonable by the court, then to any other
ren:.1i
3f;;:
°
P11'bfI
SYNOPSIS OF
THE LAWS OF CONNECTICUT
RELATL.G TO
BANKING AND COMMERCIAL USAGES
Revised by Ww. A.
WRIGHT
•
o., Attorneys at Law, ......ew Haven.
Accounts. In all actions for a book debt, the entries or the
parties in their respective books shall be ad.ml ible in evidence.
(For limitation of actions on accounts, see Limitations to uits.)
Ackno wled gments. (See Conveyances.)
n
b
s
t1
<!(
a:
T
b.
~~~fit :~d~ ~~Jgf;
~f~~d b;1~fie t~£m~~~lri1i~~~l~~~~~·toP, ~~e
the e:stimated value of the personal property. Bonds of surety companies authorized to do busine.·. · in the State may be accepted. Where
the will waives the bond a nominal bond is required, usually in double
the amount of the debts of the te ·tator. Deceased e.tate!s may be
·ot le.·s than six months are limited
settled as soh·ent or insolvent.
for the pr~ entation of claims again t del·eased estates, whether
solvent or insolvent. Such claims are pre:·ented to the adminis•
trator or executor if the estate i. solvent, or to commi. ·ioners
appointed by the probate court if the estate is insolvent. Credjtors
not inhabitants of this tate may exhibit their claims against any
e ·tate which has not been repre. ented insolvent, at any time within
one year after order of notice, and if presented more than sbc months
after order of notice, ·ball be entitled to payment only out of the clear
estate remaining after payment of claims exhibited within time
limited. Suit must be brought within four months from the time
of receiving written notice from the administrator or executor of a
solvent estate of the disallowance of a claim. Twelve months is the
usual time allowed for the settlement of deceased estates. Administrators and executors may mortgage real estate if shown to be for
benefit of the estate, after due application to and bearing in probate
court.
Affidavit . Civil actions do not ordinarily have to be supported
by atnda\its. Affidavit have little wei ht as evidence, and are rarely
admitted as i;uch.
Allen·. Any alien resident of any of the United tates. ahd
any citizen of France. so Ion!". as France shall accord the ~ame rignt
to citizeru. of the United tates, may purchase, hold, inherit, or
transfer real estate in this State in as full a manner as native-born
citizens.
Arbitration. Parties to any controversy desiring to submit the
same to arbitration under a rule of court, and having signed and
sworn to an agreement to that effect, may, upon filing this agreement in tho court having jurisdiction of the subject matter, have
this agreement entered of record and obtain a rule of court that
the said parties :shall submit to and be finally concluded by imcb
arbitration; or the said partio. may personally appear in court
and acknowledge that they have mutually decided to submit their
controver:,-y to the arbitration of certain named persons and maY
obtain a rule or court of . imilar purport; or in cru e of an action
pending in court, if the partie thereto de. ire to refer it to arbitration, each may choo e one arbitrator and the court appoint a third:
and in either of the: e three ca e.. the a ward of the arbitrators be!nedg
returned and accepted by the court, judgment ball be render
pursuant thereto, and execution granted thereon, with costs.
Arre t. The body is exempt in ordinary actions for debts, except
for money received by one acting in a fiduciary c.apacity, or where
there i fraud in contracting the debt or in concealing attachable
property so that it may not be roached by civil proce. ·. In actions
generally, no attachment shall be granted again:st the body e~:~P!
for fraud. A debtor committed to jail on ch·il proc - · can be r e l ~
on taking poor debtor · oath. The debtor will not be released If ......,.
oath is onircomo by rebutting c,•idencc.
A .. ignment · in In oh·cncy. Operation of this section s~
pended during continuance of .... . Bankruptcy ct,.
Attachments. Attachment may be made upon the original
proce.· , and i.·. erred by attachi1111; the goods or lauds of the dcfe'!_'!;
ant, or, if sufficient goods be not found, the per-on In actions wh.,.v
there i fraud in contracting the debt or concealing property or
ing to pay an admitted debt. Attachment. may be granted upon
complaints containing a money demand. ~·upplemental attachlllrg;
may be ordered by the court upon application at any time dur Jsthe pendency of the action. If the plaintiff be a non-r !dent, be 8
required to furni h a bond for pro.·ocution from twenty dollars to <>Ji
hundred and forty dollars, according to amount attached. An atta •
ment lien expire unle's execution i levied within sixty day
final judgment upon the attached pc . onal property, or within
months upon the attached real e ·tate. ( ee Exemption.. )
Banks. ( ee ·ta.te Banks and Trust Co,,.)
Bill. of E. chan e. ( ·ee ~ ·ote' and Bill .)
BllL of Lading. Uniform Bills of Ladlng Act pa ed in Wl¾,d
onditional 'ales,
hattel .i \lortga e . ( 'ee lortgag ·,
Interest.)
Collateral Inheritance or ucc sion Tax. ( ee Ta.xe!' .)
Conditional ale . Al' contrac · for the ale of personal
erty, except bou ehold furniture, musical instrument • biq'c
phonographs and phouogr ph upplie and ·uch property as 18 tJle
law exempt from attachment, and o: ccution, conditioned thate lJI
aetitle thereto . hall remain in tho Y ndor after delivery, must
writing, describing tho propert:,· and all conditions of ale. an~bere
knowled •ed before prop r authority, and recorded in townb~Jute
nal
venclee resid . If not made a.s required, they arc held to be a
sal~ , except as bet\ een tho v •ndor and vendee or their pe1:~rt1
representative . A crlme to cone l or ·om·ey personal pro~1
hero~1~rauct~.co~J~~i~~;~ ~ rovi low or .. tatute of Frautl apPl(e
ourts of probate ha,ing jurbdiction of the ttlement of tlf1e ~1
e,l p r. on may, concurrently with the cour s.o e f tJl8
of any de
authorize the executor or admini trator to convey the title ~,frtUe
declm! eel in any r al c tate to any person ntitle<.1 to it, l>Y !)at8
of any contract of uch deceased person, and the court of~~ fJI
been ppo!nted .
in wWch the guardian of any minor b
like manner, order . uch guar,Uan to convey the Int res't of hi.nothef
in any real estate which ought in equity to b com· ye I to 8 8 ~
'ontract.,; for the com·eyance of lands or of an~' i~t 6ucJ1
per ·on.
therei11, may be recorded in the record. of the town In w1lct of tJl8
~
land. are: and .·uch record hall be notic to all the '\\Or
agerin~ ~~~n,
,amin"' or
equitable int r st thus created.
n pending appo n r ,vo~
ontract of inca1>able p
are void.
coru ervator or of pendthrlft p ndlng appolntm nt or o~~~o'pY of
when s lect men have filed in town cl rk' offlc c rt1 . of pl'O"
of incapable p rson, and certifl cl nou e recei''"
application In c
~
po ed appointment In Ca.<;e of pendthrift. ~ •o pe . on
gr<?u-.'
or 1mp
a valuable coru d ration for a contract. expr
on • unday, hall defend any action upon ·uch contrac~ on tbJ?b8 Un}:
uch considerat10n. ( ee salthat it was so made until h r tor
Act, p ed in 1907 ccvers contract to sell.
form • al
by Retail Dealers.)
0
s·
t
ward
~!
ww:id
t
ti
h
tt
e
g
BANVING AND COMMERCIAL LAWS-CONNECTICUT
Conveyances. All ronveyances of laud must he in writing,
signed, sealed, and acknowledged by the ITT"antor, and atte. tcd by
two subscribing witne~·scs. The word "seal" or the lett rs (L. .)
may he used for a seal. The acknowledgment is made by the grantor
befnre a juc ge of a court or re ·ord of thi,- State or of tl,e Uni·ed
States, a clerk of the superior court, court of common pleas, or district court, justice or the pease, commi .. ioner of the srbool fund,
<:ommissioner of the superior court, notary public, to vn clerk. or
assistant town clerk, if in thi State, and if in any other tate or
Territory of the United tates, then before a commissioner appointed
by the governor of this tate, or any officer authorized to take the
aclrnowledgment of deeds in uch State or Territory, and if in a
foreign cow1try, before auy consul of the United States, or notary
public, or justice of the peace in such foreign country. Conveyances
of real estate situated in this St.ate, exec-uted and acknowledged
in any other • tate or Territory, in conformity with the laws of such
tate or Territory, are valid, If the land conveyed belongs to the
Wife, the husband should join in the conveyance, if married before
April 20, 1877. If the land conveyed belongs to the bushand, the
Wife need not join in the conveyance. No separate examination of
a married woman is required in tak'ing her acknow,edgment. Conveyances, including leases for more than one year, to be effectual
against any other person than the grantor and his heirs must be
recorded on the town records of the town in which the land lies.
Cor})oratlons. Corporatioru may be formed under the general
laws by three or more persons for the transaction of any lawful business except that of bank, saving bank, trust company, building
and loan association, in. urance company, surety and indemnity
company, steam railroad or street railway company, telegraph company, and ga.-. and electric lighting, water company, or any company
Which shall need to have the right of eminent domain.
A certificate of incorporation must be filed, signed, and sworn to
by all the incorporators, giving the name and location of the corporation, the nature of the business, the amount of authorized c-apital
stock, which must not be less than $2,000, number of share. and
par value of each, which shall not be less than 2i,. amount of capital
stock with which it Will commence busine. , which shall not be less
than SI,000. A certified copy must be ti.led in the town clerk's office.
The organization fee must be paid to the tate, of fifty cents on
every thousand of its authorized capital stock up to five million, no
pa~~~t r!'i~;)eh~e~ai~afo!!1ther in cash or property, but if in property, a majority of the directors must make and . ign upon a record
book a statement of the amount for which the property is rec-eived
and its actual value. In case of fraud in such valuation, directors
Personally liable.
eertiflcate of organization must be signed and sworn to by a majority
of the directors and flied in the office of the secretary of state, setting
forth the amount of stock subscribed for, amount paid in cash and
ln property, names and addresses of subscribers with number of
8hb ares subscribed for, statement that the directors are officers have
een duly elected and by-law adopted, names and addresses of
directors, the location of the principal office in the tate with the
name of the agent in charge.
There must be at least three directors; vacancies in directors may
b e filled by remaining directors.
, No stock can be issued until it has been paid for In full. Receipts
•Or Partial payments of stock may be issuert by the trea ·urer. Certhasiflcates for fractional shares cannot be i. sued. The corporation
a lien on capital stock owned by any pen-on for debts due to
tt from the stockholder. 'l'he corporation may acquire its own
ea.pita! stock with the approval of three-fourths of the stockholders,
81ven at a meeting called for that purpo c.
Stockholders' meetings must be held in this tate.
Similar corporations may consolidate.
A corporation may be wound up by voluntary agreement of a.11
Btocto.kholders, signed and acknowledged, directors acting as trustees
Wind up the business.
Receiver may be appointed on application of stockholders o~tng one-t,enth of the stock, in case of fraud, mismanagement, or if
~ t s are in danger of waste by attachment, or when corporation
.._ abandoned its business.
Annual statements must be filed In the offir-e of t~e secretiu:Y of
eta.Inte and a certified copy thereof in the town clerks office. either
January or July, giving the names and addresses of _the offic~rs
&nd directors, amount of outstanding stock not paid for m full wit_h
amount due thereon the location of the principal office in this
!!>"llte With the name of 'the ae;ent in charge on whom process ~ay
be served. For failure to tlle annual statement the corporation
tllay forfeit 25 to the State.
Co ts. For case before jw tice of the peace, actual cash. costs
llot less than S5; before city court from 5 to 25, acc?rdmg to
~ount involved· before court of common pleas or superior court,
leSR than $25; before supreme court of errors, ~ot le5:5 than $5~.
'1°t
4
ttorney's fees not included. Attorney justifled m askmg deposit
115 for case in just.ice's court and :50 in ~ny othe: court before
ringing suit. ( ee Insurance Comparues, InJunctions, etc.)
Courts. Terms and Juri diction. • uperior court bolds one .tei:m
Yea~ In each county for the trial of ch:il ca~se , and has J~Is11etton m all law and equity cases exceedmg aOO, and exceedmg
0 000 in those counties where there are n<? courts 9f common pleasci
urt of common pleru in Hartford, Fa1rflel~. ~ .e"I\'. ~n.don, an,
• ew Raven counties has exclu. ive law and eqmty Junsd1ct 10n ab~"\ e
-.loo and below -cio and· concurrent jurisdiction with the , uperior
COurt above ,5oo·'and up to 1.000, and in Litchfield 'ounty has
~l'Ullfve jurisdiction up to 1,000. • ot le· than four t~rm each
0
~ar are held in each of' the counties named, and there are
d ml any of the cities and a district court at WaterbW'Y, wi p mbi t
ro a e
V l Jurisdiction also town courts in many of the towns.
~ts have jurisdiction of the , ettlement of the est~tes of. deceased,
1111rJbevent, and incompet~nt persons, and harde. ets~atbh.·~~~fgesaoJ~f!
1s ric ·
~ r of probate district -one for eac
fn,;;. 8 have civil jurisdiction up to 100. In Tew Haven a nd Ha_rt~ Jurisdiction of justice of the peace has been tran. f~rred to city
Urt, except in cases of summary process and ba..c;tardl ·
of Grace. (See ote · and Bills of E change.)
.
~s. ( ee Conveyances.)
May be taken in a civil action by a Judge C?r ~!erk
otbepo ltion
or tii1Z cour~. justice of the p~ace, n_otary ~u~Vihir ~~~~~!
a e and
.
superior court, when w1tne5:<i Iryes <?u .
tha
~itwent.y miles from place of trial, 1s O\er si~tY/tb~ fate g or by
0
~t°'~>r ~ confined in jail.
~e a:;_ioi atte1!d t!:Ie trial. is going totsea,
' De onent must
nflrnut-y 1s unable to travel O cou •
ed
na_ble notice must be gh·en to adverse party. f
J,e
0
11
the
a~~~tli
~
t,ruth,
.
who!~
t-he
'rhe~~oned to speak
1
•'lltborft ust subscribe their depos1t1ons tfest the . ame and certify
_who sha ~ present (if so) or that he
that thl tdaking the same,
f k" ' such depoa verse party or his a~ent was
~
ltt0~0!ifl1d·, and shall also certify thet reb~:e ?t i~a t~n~e used, and
0
requ t it W8.! taken.
\\iO
~p, i didec~i\hto
tuever e~
rrya;· bee taken inea~y othher Sotav~~n°ir
1>11\~it~on's
• 0 mnuss1oner appointed by t e g
1l1!
t'
81:
~ftY1f ~f;J
:ay
r
d
i~
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
t~; ~f
l
. .
h°ero~!i
cgrflJX hlat/i:a:;~
1
1841
any magistrate having power to admini.-;ter oaths, and they may
a.l.::;o be taken before a f< reign mini t-er, secretary of leiratlon, con ul,
or vice-consul appointed by the United States, if takPn out of the
Unit d Stat.es. A judge of the superior, common pleas, or district
court can lssne a. "commission ·' to take the deposition of a person
residing out of t-his tate, to be used in a cause pending before such
court. The ~mperi<,r court, upon petition, may allow depositions t-o
be t.aken to perpetuate testimony concerning that which may thereafter be t110 subject of a suit. The person t.akfng depositions may
compel at-tendance of witnesses by subpama and capias.
descent and nistrfbutlon of Property in Inte~tate Estate •
(As to the share of a surviYing husband or wife, see the title Husband
and Wife.) After the share of the surviving husband or wife, the
residue of the real or personal est.ate is distributed in equal proportions among the children and the legal representath·es of any of
them who may he dead (children who have received e tate by advancement of the intestate in his lifetime being charged with the ,·ame in
the distribution). If there be no children or legal representatives
thereof, such residue shall be distributed to the parent or parents,
then equally to the brothers and sisters of the intestate of the whole
blood, and those who legally repre. ent them; and if there be no
such kindred, then equally to the brothers and sisters of the half
blood and tho::.e who legally represent them; and if none, then equally
to the next of kin in equal degree, kindred of the whole blood to
take in preference to kindred of the half blood, in equal degree, and
no representatives to be admitted among collaterals after the representatives of brothers and sisters.
Dower. (See Husband and Wife.)
Evidence. (See Courts, Insurance Company. Corporations.)
Executions. Issue on final judgment, and are returnable within
sixty days. No execution i: ued in an action founded on contract
merely can be levied on the body of the debtor except for breach
of promise of marriage, misconduct or neglect in office or professional employment, or breach of trust and cases where the original
attachment is a~ainst the body. Any judgment debtor, a.n execution
against whom shall have been returned unsatiflsed in whole or in
part, may he examined on oath touching bis property and means of
paying such judgment, and may be committed for contempt. (See
Exemptions.)
Exemptions. Homestead, to the value of Sl,000, if declaration
to hold it as such is recorded. Of the property of any one person,
his necessary apparel and bed<;ling and househ~ld furniture nece~ry
for supporting life· anv pension moneys received from the Umted
States while in the 'bands of the pensioner (which has been construed
to cover also such pen ion money when deposited in a savings bank);
implement of the debtor's trade, bis library not exceeding S500
in value· sundry domestic animals not exceeding $150 in value:
so much' of any debt which bas accrued by reason of the personal
services of the debtor as shall !}0t exc.eed $15, including wages duP for
the personal services of any mmor ch1Id (but there shall be no exemption of any debt accrued by reason of the personal services of the
defendant against the claim for the defendant's personal board, or
for the rental of any house or tenement occupied by the defendant
as a place of residence when such rental shall not exceed $25); of
the property of any one person having wife or family, two tons of
coal specified a.mounts of food-stuffs; the horse of any physician
or surgeon not exceedin~ $200 In value, and his saddle, bridle, harand buggy also hIS bicycle; one boat owned by one person,
ne
with' rigging, tackle. etc., not exceedln~ 200 in value, us~d for pla!)ting or taking oysters or clams or taking. shad; on.e sewmg !11-achme
being property of any one person using it, or havtng a family; one
pew being property of any person having family who ordinarily
occupy it, and lots in any bur_ying ground; and all benefits allow!3d
by any associa.tio~ of persons. m this State to'Yard the support of its
members, incapacitated by s1ckne5:S or inflrnuty. shall be exempted
from foreign attachment or execution.
Foreign Attachments. Goods concealed in the bands of agents
or debts due the defendant a.re reached by foreign attachment which
takes the place of garnishment. No assignment of future earnings
Will prevent their attachment when earned unless made to secure
a bona fide debt. due at the date of such assignment, the amount
of which shall be stated therein as nearly as possible, nor unless
the term for which they are assigned shall be definitely limited in
the assignment, nor unless recorded before such attachment in the
town clerk's offlce in the town where the assignor resides, or if he
resides without the State, in the town where the employer resides, and
a copy left with the employer. (See also Exemptions.)
Foreign Corporations. Every foreign corporation. except insurance and surety companies and building and loan associations and
investment companies (a corporation which has power to or ~oes
selJ or negotiate it,s own cbo e in action or sell, ~arante~. or negotiate
the choses in action of other per ons or corporations as mvestments),
shall before tran acting business in this State, file in the office of
the secretary of the State a certified copy of its charter or certificate
of incorporation, together with a. statem.ent, signed and sworn to
by its president trea.<iurer, and a majority of its directors, showing the amount of its authorized capital stock and the amount thereof
which has been paid in, and, if any part of such payment has been
made otherwise than in ca.c;b, such statement shall set forth the
ec. 83.-Every foreign corporation with an
part-iculart thereof.
office or mace of business ~n _this , tate, except i_ns1:ll°ance companies,
surety companies, and bwldmg a!ld !oan ~s.soc1at1ons, shall, before
doing business in this State, appomt ID wr1tmg the secterary of the
State and nis successors in office to be its attorney, upon whom
all process in any action or proce~ding against it may be served;
and in such writing such corporation shall agree that any process
against it which is served on such secretary shall be of the same
legal force and validity as if served on the corporation, an_d !~at
such appointment shall C?Ontinue in force. as long ~ any hab1hty
remains outstanding agamst the corporation in this State. Such
written appointment shall be acknowledged before some offic~r
authorized to take acknowledgment. of deeds and ball be filed m
the office of said secretary, and copies certified by him shall. be sufficient evidence of ucb appointment. and agreemen~. . ServH'e upon
said attorney shall be sufficient service upon the prmc1pal, a~d may
be made by leaving a duly attested cop~ of the process with ~he
secretary of the State or at bis o!fic~. ~very foreign corl-?orat1on
doing business in this State shall, w1thm thirty days after an mcrease
or reduction of it capital stock file in the office of the secreta.r_y
of the tate a certificate substanti.ally like. tpat required of. domestic
corporations organized under the Ilk~ cond1t1on<i. _The I-?res1d~nt and
treasurer of every foreign corporat-1on doing bu mess m tb1~ State
which is not required by law to make ot-her annual returns m this
State, shall, annually, on or before the fifteenth day of February or
August, make, sign, and swear to and file m .the office of the secretary
of the State a certificate similar to the certificate reqmred of domestic corporations (Ree Corporations), except that such certificate
need not give the name of the agent or person in charge of its principal
office upon whom process against the corporation may be served,
The secretary shall thereupon record such certificate in a. book kept
by him for that purpose and shall furnish a certified copy to be recorded in the offlce of the town clerk of the town in this tate in
which such corporation has its principal office or place of business,
and said town clerk shall record the same in a. book kept by him
for that purpo e. On the fifteenth day of ~ larch and Ropteml>er
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
1842
D COMMERCIAL LAW -CO NECTICUT
the to\ n clerks or the 'ev~ral towns . ball r port to the Per ta.ry
of the . 'tat.e the name.· of all corporations ,\ho,o annual report-; ha, e
heen filed for record during th prec>eding . ix month.-<, in a ·.ror<.lan"e
with the provi::;iom of thi
e<.·tiou, and the
er tary hall re1_)or
to tho attorne)r-general e, ery ix months the nam~· of all corporatmns
which ha, o failed to comJ>lY with the provisions of thi ·ection, aud
the attorney-general l1all collect all forfeitur
due under thi,. .ection. .EYcry c ll'pcwation \\hu e officer· shall fall to comply with
the requirements of thi, ect ion shall forfeit to the ~ te 100 for
each failure. The attorney-general may remit this fine.
Pon•i~ Judg1nent.. 1rot conclusive on question of jurl. diction.
A foreign judgment, \\hen u eel by way or defence. is ns conclu ive
to eYery intent, ru· those of our m ·n courts. In an a<·tlon on a judgment ronclerecl in another ,'tato, O\"idence nn the part, of the dcfendru1t that he had no legal noti<•e of th suit an<.l did not appear. is
admi. ·sibln, although the record of the judgment tatorl that the
defendant, appeared hy hi attorney. "'he.re the forei~u court
has a peculiar an<.l cxclu-,ivc jurisdiction. it.· d cree I biudin upun
the jtul,:mcut of any other comr, into whl<-11 thCI ,;amo uhject comes
imnH'fliately inLo controversy. A judgment, ren lered by a court
in om• State has no ellicary when it b sou~ht to bo enfon: il in Connecticut. nnle~s 11cl1 eourt had jurisfliction of the per. on agaim t
whom it is renderer!. acquired either hy , en ice upon him of the
lroc s, in the '-Uit. or actual notice to him of the . uit. or at lea bv
1is haYillg appeared in it, and thus suomittin~ to tho jurbdiction
of th c-ourt, .Jmi. clir ion pre~ume to have been properly e:icerl'i eel,
lf court once had jurisdiction.
otic pre um d of re.;t1mp ion of
jurisdic'tion if requil'e<l t,y practiee of forPhm court.
\ judgment
recovered in a sister 8tatt i. • a bar to the fm·ther prn. cution of an
act.ion pending at t,he timo in thi' 'tate between the :same parties
on tho same cam;c of action. It nu., e no clifl'erene th t the jud"m nt, oft.he sister State ha beon app alecl from, and that- the appeal
is. till 1>e11tling, where by the la\ of that Sta.w. ,-ud1 appeal op •rates
only as a proceeding in error. and <'foe: not supcr.·ed the judgment.
On!J· such pleas are pleadallle t-0 a fot•etgn jud2:nwnt, a arc pl arlahle
'"hen r •ndered.
Fraud. .All fraudulent comeyances, uit ·, judi;men , exec-uLion ·,
or contra ·t • rnarlc or contrh·cd with intent to aYoi.d any debt or
duty belonging to others, ·hall. notwith.-;tandinii; any pretended conidnration therofur, IJe YOid azainst tho e pe on· only, their heirs.
c>xeeutors, a<lmini. trators, or a ·igns. to whom :uch debt or duty
bPlongs.
(,arni,h1nent. (Suo l?oreign ,\ttachmon .,
Cuarant.r C'oinpanie . {..:: e . urety Gompa.nic>s.
HolM:os. '. <'C' Notes and Bill· of I•:xchan"e.)
Hu ·hand and \\'ift•. In all marriage· eontraetP'l after \prll lfl,
1, ii, neither husba.ml nor ,, ifo acquire h.· force, of th ma1-riage
any right to or int 'T'P ·t In auy property hold by the other llefore
the marria,..,e or ac 1uir 'd after tho marria!;'e, ex<: pt a· to the . hare
of 1 he sur, ivor in tile propPrt .• or the other afl hetei 11after tatecl.
\Vifc rnar1•icd sub eqmmt to , pi-ii J0, I , , , may hold and !'ouvcy
real estate ,Pparat from her Im ·hand. Separate a.rnin~ of the
wife are h J' sole pro1wrty. On t.lrn death of the hu hand or \\ ife
the survhor shall IJ entltl d t the us• for life of on -thirtl in Y lue
of al! the property, rPal or personal, owned by the other at thP time
of h1 or her decease, after the payrrn,n of all d bt and charge
allowed againsl the estate. 'l'hr. ri •ht to su<'i1 thfr<I •an not he defeated
by will. Where there is no will the .Ttn ivor shall take 1wh third
absolutely, and if there arc n I rhildren, ball tah' all of the 1 ·tate
of the dec:ccient ab ·olutely to tho extent of ~.ooo, and on -third
absolutely of the remainder of .-aid cstaP.
injunc·tions. .\11y jmll?e , f any court, or equitable juri diction
may, on motion, in-ant and enforce wri · of injunct i n. \hich shall
ho of force nntil 1hc sittiug of. uch cour1 anct i further order thP.rein,
unlc,-< sooner di :olvecl.
uperior court jucli:o ma)· di. oh· tempora1·y iuj11nl'tion g-ranted hJ• other eourf.
\II fa,·ts stated in application for injunctitJn mu t h • Yorified by oath. Plaintiff mu.,t give
bon(I with ,·atisfa1·tory surety, to a11,.,wer all dama"'e Jn <'as of failur
to proseeutc to etrect. before temporary injunction ean b i · ·ue(I,
unless tho court :-.hall he of opinion that tempor, ry injunction ought
to hme without bond. Injunctions may be grante l fortlrn Ith. if
the circumst!PIC s of tl1e ca.· demand it; or the
urt or jucl"' ma.
cansn irnmndiate notice of the appliration to he giv"n to the adn~rs<:
part;\·, that he may sho" can. o ,\hy , 11<'11 injuncti n houlcl nnt be
grantcrl; and it ,;hall I.le sufllcient, on such appli<•aiion for a tomporary injunc:tion, to pres ut to the <'ourt or judgP the orig:inal complaint ,·ontainin!; tire demand for an injunction, <iuly ,·erlflr•,l, without further c·omplaint, appli ·a ion or motion in \,itin:.:. Wh nm •r
a temporary injunction i, grantofl in an)' cau.·p h fore the return
<lay thereof, it may h d' · ·olH•d or modifi ll by tlw c•ourt or jud"O
who i: ·upcl it, hy any jud"'e r tho court to which the action i roturnahlo. or by any judg, of the ·uperior court; proviclell a ,1 riLtcn
motion for . UC'h dis.solution hall be prepared l efort• the return day.
ny per ·on who may I>• dir ctly or indireetly intereste(I in or affecti>cl
hy the grantin~ of any t~mporary or p mianent injunction. m:iy
appear and 1Je heard ,\ ith re"ard to ~ranting nr cli. solvln the amc.
\\'hon in any action a temporary injw11.:tlon hi b 'fl grant d, and
upon final hearing judgment :;hall b r1Jndere!! adverse to thl• continuanc:c of w·h injunction, oith r party m, y apply to the (·ourt r ndt•ring
. nch iucl~me11t. repre:ontin" that ho is <lo ·irou of takilll!' the ca... c
to the supre1110 eourt of t•rror·, and praying that .a icl t 11111orary
fnjunc-tion rnay he <-ontinu d until tho l!nal d('Ci ion th •rein; and
11nfe.-s said c:oul't . hall he of •>pinion that grea irr,,paral>lc injury
will bn c!ono by the further {'Ontfnuance of said injunction, or that
said application i, mad,.. for delay anli not in good faith, it hall
bo tl1t• duty of the court o continue aid injunC'tlon until a flnal
decision be render •d in th , uprcnw r·ourt o errors. \\ bCln in an}·
act ion jurlg,meut . hall he rendf'red for a permnncn injunction ordering either party to perform any ad, upon . imilar applic-a i n to
that, ahm·e 111cntionecl, a :stay of operation of such injunction pcndin"
final dcc.iJ ion of ;uprem court of errors, may be ran I f: r imilar
rea ·ons. 'l'he court in , hich . uch ca, i,:; ponrling may. ho"c\"or.
if i11 it 01 inion the cau
of jus i ·o hall o r 1uir d'
Iv
aid
temporary injunction or r mov the taj' of aid 1> •rm n nt injunction whillJ said eau h o.;n pending in tho upr m • c urt ferro .
In. oh ency. . up nde . oni11g to nited ·t: te Dankrnpt ·y ~'\et.
lnlere~t. Logal rate, in· h once of oxpre a •n'cment, 6 p r ,. nt;
110 morP. than fi , r 1'ent can bo reeovcr<'d in either ens aft r d •bt
heemnes payable.
I•. ·pre
• "TC ment · in , hi ·h 12 p ·r cent i
c-hargc·d arn vrdid and nny J) r on making a •rm r <·har •t i liahlc to
tllw and fmpri onmcnt. Th •r i no llmlt to the ·n r
c•wr
"hich cau llc> marle by any
atio:ml Bank: or · n~ Uanl· or 'I ru ·t
<. 'ompany. incorporat d und :- thl' la
of thi • t t • nm· f th re- an ·
limit to the intere charg on a bona fide mor gag o r • I pr p rt
c <'t' ding tlw um of fl c hun<irf• dollar:,. , ·1 •(•ial law for pawubroh•r ..
Judgment earry ti p r <'l nt int('· •. but are 110 Ii
• and e c ullon may he had a any tinw durln~ th Iii;• of h th l rtf . Ju gm rtt by d fault may b obtain d if the d ,f 'ndant man no app aranc
on or before the coll{! d ~ or the
slon. ( 'ertifl a
of Judgment
may bl' ncordecl by jud"m nt er clitor or h'.
i\.mc 1n LO\\ll c-1 rk'
oflm aucl uch judgrrwu from he time of filing .nch ,. rtilkate hall
,·on titu c- a lien upon the re I tat de~cril> •ti in ul'tr c- •rtiflc te. nd
if uch Ii n be placed upon real e ·tate attach d in the uit upon which
such ju<lgment
preclicatc>cl and within four month aft r uch
judgment was rendered, it shall hold from the date or such attaehment.
Such lien may be foreclo eel or redc mod In th same manner as
mortgage upon th same e tate. and may al o be foreclo ed by decree
of sale.
Jurisdiction.
· e Courts)
Lien . ( 'le hanic-;' Li n,.) Mec}ianie ' lien for labor or materials furni:hed in the construction or repair of any building may he
filed hy original contra ·tor" ithin ixty day. after completion of work;
but uh-contractor must s n·o O\\ nor of buildin~ with notice of his
intention to da.im a lien "ithin .·ixt,y llaY:- after hC' shall have ceased
furni. ·hing materials or render er,·ices and also file hi lien within
·aid time.
Payment made by tho owner nf the buil1lln2: to the
original •·ontractor in a<!cordanee \\ith contra<'t :hall he consider d as
made in good faith uule s tho sub-co11tract01· has duly notified said
owner to ithhold payment. Mechanie-' Ii
are forec-lo eel ame
as real e ·tate mortgage-.. l'nl~ for 'Clo ure i ·n tituted, liens
expire two year after filin"'. (For jud"'m nt Lien·, ee Judgment .)
,·as
l
co
<ii
ex
Vj
Col
1 4
hich
such
1ent.
;r as
creo
11ateY be
~ork;
f his
ased
ithin
i the
ed as
aid
ame
liens
nts.)
der
gotimen
hicb
II be
Title
car
pre-
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
prPntiums ret·eiv cl o • !nu ines in force. ~ ro 1;uch <·ornpany can
incur on behalf of any one person or corporation a. iiabilit ' for an
amount larger than one-tenth of it· paid-up capital tock and surplu.· wiLhout ~h·ing collateral security.
'l'axcs. Land may be solcl for delinquent taxes aft.er due advertising, onb so much being snlu. as h necessary to pa~ taxi's aud cost .
Owner ha· one year in whkh to red em. by paymg th purcha 'O
money, with 12 per cent interest. Bonds, notes. or other chosos
in act.ion. except bonds and notes securnd by mortgage on real. e tate
situated in this State, may be exempted from all local taxat10n by
paving to the State a tax of 2 per cent on 1.he faee amom1t thereof
tl,;·c ;\ear.· or at the option of tho holder thereof !or a greater or
less number of year. at a proportionate rate. lnhentance taxc arc
levied on all property within Connecticut po .. se. sect by any re. ident
of Connecticut at the time of his decease, and all tangible property
within ( onnccticut po.·sessed b;' a non-resident at tho time of hi
death "hich pa 'sed by gift, to take effect at death or by v, ill to any
person, corporat,ion, Yoluntary association or society. with exemptions in favor of charities and on certain particular kinds of propert,y.
Hates of the ta· cs are 1 per cent of the \ alu of all property in exce s
of .~10.000 pa'-'sing to any parent. ITTandparent, husband, ·ife. lineal
desecndnnt, 1.doptcd child, adopti\ e parent and lineal dcsecndant of
any adopted child. up to :;o,ooo with graded increases: :~ pe1· cent
on prop rty passing to the husband or ,\ife or any child of such decoclant to any , tepchild, liro1.hcr or sister of the full or half hloocl and
to am descendant of such brother or :ist 'l' in excess of 3,000 up
to and iududing , 2."i,000, "ith graded increases; 5 per cent of the
\·alue of all propc1·ty in e c·e. s of . .300 passing to any pcr:-ons other
than those a})oye mentioned up to and indudinp; ·50,000 with ~raded
ineroa ·e,-. Only one exemJ)tiuJt is allowed for each class.
Tran. for of C'orporation Sto-·k . tSee Corporation.·)
Tru. 1 Co1n;>anic:-1. (Reo 1-lt.a.t,c ganl,s and Trust Companie .J
'\Varchou c Heeclpt,;. Uniform Warehouse Receipt, 1•(, pa!· ·ed
in 1907.
,,.ins. All persons of the aiw or eighteen years, aml of sound
mind. may dispose of their e.-tatc (real or persoual) by will. - ·o
dedsc, CX<'OJ)t for public and charitable uses. or for the earc o · cPm
teriP" or gra, c-. shall he made to any pe, ·011 but s1wh : s ar al tJ1
tinw of the death of the te.·tator in lieing, or Lo 01cir immediate i.· ·ue
or de Tenctanti< . ,vrns must he in 1\riting, subscribed hy the te tator,
and att csted by three \\ it ne cs. caeh of them subscribing _in bi·
presenec, but 1 hey will be elfcctual h re if executed ac~ordUI!!:. to
the la\\ of the State or eountry ,\ here cxecut ed. If. after th • makmg
of ~L \ ill, lhe testator shall marr,v, or If a chiltl is hom to the tc.-tator,
and no pro,ision is made in the \\'ill for i;uch coniingllncy, 1-1t<'h marriage or })ir1 h shall operate as a rcvocat ion of sucb. will. .\ \\ill ~r
<·odiC'il i otherwise re,:oketl bv hurning, eanceling. tearing, or ohhtctating it hy the testator, or some person in hi'- pre ·once by bis din:iction. or by later will or eodiciJ. A devise of 1Jequc1,t to a sub ·crihin,:i: witness or to tlJc 1Jushru1d or \\ifC of a subscribing witness, is void
unle1-;s thP \\ill is otben\ise lcg-al!j• attester!, or un less thP dcviseo or
Iegat1ct• lie an ht>ir to the te tator. \Vills arn pron~d and o ·tate
setth d i11 tlJP probate court in the di.·trict, where the dm·easecl resided.
\\'ills of 11011-rcsitleuts owning- vropcrty in this Stale ma;\' ho provocl
ft ling exemplified copies thereof in district where pro port y is localed .
• ueh com· P should ah, ays be taken in order to JJass gou<l t,t le to rea
estate.
\\'orkn1en's f'orn1>ensation A<'t. Passed in 1!)13.
for
a
h,·
SYNOPSIS OF
THE LAWS OF DELAWARE
RELA'l L Tc To
BANKING AND COMMERCIAL USAGES
R,•vi eel I)~ TO\\
·v c TIAn KY • • ttorneys at Law, "'ilniin~ 01
(~cc Card iu At,torue,,,,' List.)
·sF
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
court; re~ular terms, _ Te, Castle County, at , 'ilmlngton, on the
Attachn1 nts. Domestic attachment may be i.' ued ll.fainst an
inhabitant of this State, after a return to a summon: or cap1ru issued ' fourth ~ Ionday in .\larch and second l\Ionday in ~eptember; Kent
County, at Dover, third l\Ionday 1n ~ 1arch and third Monday in
ten days before the return thereof, of non est inventus, and proof
September; >otl • ex ounty, at Gcorgetm ·n, -econd l\lo11day in larch
of cause of action: or upon the filing of an affidavit "tllat the defenduperior court, and court of g-eneral
ant i. justly indebted to the plaintifl' in a i:;um exceeding _;50, and
and first . Ionday in ~ ptember.
. e -ion are held in cw Castle County at Vilmington the first Mon~as ab, condod from the place of his w ual abode, or gone out of tho
day in January, larch, June,. and "ovember and third :Monday in
tate with int~nt to defraud his creditors, or to elude prrwe, ·. as
.:eptembcr. in (ent 'ounty at Dover. the fl.r.-t . 1onday in July and
i believed." The writ directs tl.e attachment of property and ·umthe third :\londay in February, April, and October, and in Sw sex
mon:s of garni bees. Atta~hment maJ· be dissolved on entering
County the first l\lcmday in February, Aprll, and October and la t
security to sat,isfy any judgment to the extent of the property attached
I\londay in June in Georgetown. Oyer and tcrminer meets on call
that may be recovered against the defendant. On return of attachof judge. . Jurhdiction-Tho superior court has jurisdiction in all
ment the court appoints three persons as auditors of the claims of
civil cases, but if suit be brought for !es, than $50, costs will not
creditor·; the creditor attaching i: allowed a double share for his
be reco,·ered. Justice', jurisdiction. - 200. New Court known as
diligence, not to exceed full amount of debt. Any creditor not duly
Court of Common Plea'> was recently creat d for. ·ew Castle County.
presenting his claim receives no share In the distribution. Plaintiff
is not required t,o give securit,y. Wages are exempt from attnchPresided over by one of the Judges of • uperior Court. Open conment in ~ rew Castle County except for board or lodging. l<'oreign
tinuously except July and Au"ust. Jurisdiction of all cases ex contractu up to Sl,000.
attachment may be L sued against any person not an inhabitant
of the ::Hate after a return of non e -t as in domestic attachment,
Depositions. In any suit pending, the prothonotary, on applior upon affidavit being made "that the defendant resides out of the
cation, enters a rule commi.· -ion on the part of the applicant to any
State, and is justly indebted to the plaintiff in a sum exceeding $50."
.·ioner of the State or other person. The commisdon issues
commi
but
Foreign attachment may also i, ue against a foreign corporation,
on tea day,, notice of interrogatories flied. Exceptions to interroga
in this case the amount of tbe real debt must be particularly . pecitorie must be filed before the commi~ Ion i,·sues, and are heard
fled in the atlldavit, and must exceed 50. Unlike domestic attachbefore a. judge at chambers. Exceptions to the execution mu: t be
ments the plaintiff in foreign attachments has the benefit of his own
filed within two day, after publication. If the commissioner employ
discovery and does not share with o her creditors. It is similar to
clerk, add "The clerk by me employed in taking, writing, trana
domestic attachment in all re -pect except as to appointment of
cribing, and engrossing the . aid depo -itions, having first duly taken
auditors and distribution among c1editors. The court or any judge
oath as.signed to the said commi.·sion according to the tenor
the
as
except
affidavit,
in
allegation
-any
upon petition may investigate
thereof."
to the amount of the debt, and di. solve the attachment if ufficient
Execution are a lien upon personalty from tho time the heriff
ground be not shown. Foreign attach ent is otherwise di! solved hy
received the writ, if actual levy be made within sixty days thereentering special bail. By recent amendment in cases of foreign
after. Priority of lien remains in force flve years. Execution may
attachment it is no longer nece 'sary to enter security to dischar~e
be issued within five years after date of judgment. An execution
the attachment, before an appearance can be entered. An appearance
from a justice is a lion from time writ is received, if levy be made
may be entered without security to discharge the attachment, and
within thirty days and priority of writ remain'l for two years. Executhe goods attached remain as security pro tanto.
tion can not L ·sue after three years without revival. Goods and
~anks. There is no general banking act and but one State bank,
chattelc; of a tenant are liable to one year·' rent in preference to
which was chartered by the legislature in 1807. Banldng companies
execution or mortgaa:e. In • ·ew Castle ounty wages for a month
ean not be formed at pre ent, except by special act of the Legi lature.
the execution. There i · no redemption on property sold under
The holders of stock are taxed at the rate of one-fourth of one per
of employes of corporations are preferred to the execution. Stay
centum on the cash value of each share of capital stock. There
of six months is granted in court or record upon judgments recorded
have been recently several truc;t companies formed in the . tate,
for want of afflda,it of defence. provided security be given within
either by special act before the I 97 constitution. and by general
twenty day· after jud~ent. In justice' courts defendant may have
corporation act since, which have been granted banki11g powers by
six months' say, upon pleading his freehold; nine months' stay upon
special statute. Banks and trust companies are now subject to
giving ·ecurity.
examination and inspection by instirance commi · ioner. By recent
Exemptions. No homo ·tead law. Family picture , bible, a nd
amendment, National Bank may act as Trustee, Executor, Adminislibrary; lot in burial ground and pew in church; all wearing apparel ;
trator, or Regi trar of stocks and bonds. Bank by recent amendmachines in private families; tools of trade not to exceed 50
sewing
ment, preve11ted from loaning more than ten per cent of capital tock
in Kent, or i5 in • ·ew 'astle County; and to the head of a familY
and surplus to any one per·on.
in Tew Castle County 200 of per.-onal property and in Kent ountY
Bills and Note . Acceptance should be in writing on tbe bill.
. 150, consi ·ting of household good only. ~ •o additional exemption
All checks, notes, drafts, or bills. foreign or inland, payable without
in ·w sex. The provi ioru of the exemption law extend and applY
time or at sight, are due on pre ·entment without grace.
to a person dying and leaving a widow. giving and securing to uch
widow the same benefit of exemption that her hurband would have
Chattel ,Mortgage must be accompanied with an affidavit that
bad if living. ,vao-e are exempt from execution attachment in • ·e•
the mortgage is made for the bona fide purpose of securing a debt,
Castle ounty except for board or lodging. Piano· and organs leased
and not to defraud creditors, and if recorded within ten davs from
or old under contract exempt from execution proce. · or di tress
the acknowledgment thereof, is a valid lien for five years on personal
for rent, provided the lessor or vendor notifle• the landlord in writing
property, the possession of which may remain in the mortgan-or.
of the claim thereof.
Claims Again t Estate or Decca e d Per ons are paid in the
ale of goods void as to third parties, unless for valu•
Fraud .
following order: 1. Funeral expense , 2. Bill for medicine, medconsideration and the po. e · ion thereof be actually delivered
able
ical attendance, nursing, and necessaries for last sicknC! of the
to the vendee. A promi e to pay the debt, default, or rn.iscarria,ge
deceased. 3. No more than one year· wages of servants in house
of another to the extent of $5 i binding if proved by the oath or the
and laborer on a farm. 4. Rent for not more than one year, either
promisee: for an amount between .3 and 25 must be proved bY
growing due or in arrears. 5. Judgments and decrees in equity
one credible witne. s or ome memorandum in writing signed by tbe
against deceased. 6. Recognizances, mortgages, and other obligaper ·on to be charged therewith; for an amount exceeding 25 t here
tions of record. 7. Obligation-s and contracts under seal. 8. 'onmust be _ome memorandum or promi e in writing signed by the
tracts under band for the payment of money, delivery of' good,.
ale of Good in Bulk Law recentlY
party to be charged therewith.
wares or me rchandise. 9. Other demands. Adminu; tration is
amended impo ing penalty upon .-eller and purchaser where requl.regranted: 1. To the person entitled to the re. idue. 2. To one or
not carried out.
is
creditors
on
notice
to
as
ments
more of the creditors. 3. To any suitable person, re ident or nonresident. Bond mu-,t be given for an amount double the value of
Garni hment. All persons except public officers, attorneys. etc,,
Totice must be given or claims against the deceased
the estate.
are subject to summons as garnishee,. ·wages are not . ubject to
within six months from granting of letters (except claims of record),
garnishment in • ·ew Castle County e. cept for board or lodging.
or executor or administrator is protected in paying debts of a lower
Holiday , Lei;al. January I. t, February 12th, February 22d,
grade. One year is allowed for settling the estate, and until the
Good Friday, May 30th, July 4th, first . Ionday in eptember,
expiration of that time, be need not make distribution. nor is he
12- olumbus Day; Day of the g-eueral election as it bienni ..
ber
chargeable with interest on the assets in hand. He may be removed
occurs. Thank.,giving Day, and bri tmas. and Saturday aftern~~
upon sufficient cause. Letters granted in other states and produced
Ca ·tie County. If I gal holiday fall· on unday the m,,..
•ew
in
under the seal of the officer or court granting the same, is competent
day is ob erved. Negotiable paper falling due on legal holidaY :
authority for him to act in this tate.
due and payable on the next preceding-. ecular day; if falling due oil
aturday half-holiday, if not pre ·ent d for payment before noon,
Con tracts are joint and several, unless otherwise expr -ed.
not due until the next . ucc eding _ecular day.
Conveyances of Real E tate must be under seal (a croll i
1
11
0
sufficient), and should be executed b fore one witne: · at least. Deed
~ ng :irm~~t.ad ~'; ~~to~a;t~etakes rnore
~ l;!-~s~~ategii
may be acknowledged out of the tate before any con:ul-general.
it and pay to any one s ~
forf
ball
.
money
of
loan
the
or
U:'e
the
tor
consul, or commercial agent of the United tate ·. duly appointed
for the same a . um equal to the money loaned, one-half for the.....,
in any foreign country at the place of their respective official re 'idence;
tbe
suing.
party
the
for
other
the
and
tate,
._
the
of
before the judge of any district or circuit court of the nited , tate ,
.Judgment of court, of r cord are Uem upon all real estate of at
or the chancellor or any judge of a court of record of any -tate, terridate.if~
their
from
ered
en
i.·
judgment
where
county
the
in
debtor
tory, or country, or the mayor or chief officer of any city or borough,
a period of ten years and may be revived and kept alive and a of
and certified under tbe hand of such chancellor, judge, mayor, or
by 'IH. FA. or agreement before expiration of ten years from da\8bet
officer, and the seal of his office, court, city, or borough, by certificate
entry. This lien may e extended into either or both the O cir.
endorsed upon or annexed to the deed; or such acknowledgment
of
countie . Judgment, can only be obtained in this tate upon
or p roof may be taken in any uch court and certifled under the hand
ment., in other . tate: b •uit upon a certified copy of the reco~
of the cl~l'k or other officer of said court. and the . al of ·aid court
ongress .P ice"
ct of
said jud..,,ment authenticated under the
in like manner. In case of ·uch certificate by a judge, the eal of
:\lay 26, 1790. Traw cript: of judgment, r •o,·ered before JUS~
his court may be affixed to bi certittcate, or to a certiflcate or atof the peace may be entered in the up rlor court and thu. be ~
uch acknowledgment
testation of the clerk or keeper of the seal.
on real e 'late after e. ecutlon nnd r turn hv on ·table on g ~
lien_·
or
·tate.
may also be taken by any commi. ·ioner of deeds for this
'ati faction mu, t b enter d wfthln sixty daY• en oJI
of defendant.
by a notary public of any _tate or territory. Wife mu,;t join in deed
is not a I1
paym nt. Judgment in ourt of ommon Pie
to bar dower, and husband to bar curtesv. A deed bv a corporaof Ju.-tice of Peac6tiire;'
Tran: cript tiled as n
unJe.-s
tate
E,
Heal
tion may be executed and acknowledged ·by the pre id.ent or oth r
ntract: not under hand arnl book accounts :::..&Limitation .
presiding officer duly authorized by re 'Olution of the di recto , trustee.·.
year., bills and note~ under baud I.· y ars. Jmlgm nts and pt,<-~
or otJ:~er managers. or hy the legally constituted attorney of ;u h cortie are mer ly pr sumed to have b en paid fter the lap. e of
porat10n under it:s corpora e . eal. Deed mu t he r corded within
years, bu thi. pr -umptlon may be overcom • by proof to !lie ~
three months after sealing and delivery, to avail against credito
trary. All judgments mu,;t h r new Ii within ten years in__!?.. fiO
'
mortgagee, or bona fide purchru er·, without notice.
to preserve th Ir llen on real e .tate. 1'h statute does not bC!'- 1J1
Co rporatiomi. General orporation Act for nil purpo es other
run in favor of non-r ,-,ident debtor until lie come lnt-0 the t~~tior
than banking. Each stockholder is individually liable for th amount
. -uch mann r that he may be erved ith proc . s, and if. a t)S811~
of capital . tock not paid in in proportion to the amount -ub -crib rJ
remov after the cau e of action h accn1ed, th time of Ju a rs' at
of herifT ', admlnh-trato~
i - not computed. On recognizan
by him. Corporations of other state may b -ued in thi · .'tale,
from dat . Bond of gU
xccutors' bond , ithin :ix )' a
and the property of the .-am found here may be iz d by attachwithin thr e y ar, from the d t rminntion of 1ardian!';Jup. 0 wned
ment. All foreign corporation:' mu:t file with the 'Ccretary of tato.
mal propertY ~
Married \Vom n r tain th lr real nd p
tatemeut of a.:"e and liabilitle", and th name of it authoriz d
agent upon ,vbom proce.; may be erved; must pay a tate ta_ of
at marri, •e or r eived from any rer on oth r than the
:i\Iay r 1<:ehe '\\a"' for their p ona labor, and pro cute and as J
10, and fee· of se retary of ta e (this tate tax ~- paid but on<· )
ion of th Ir own prop rtY,est~~
rvatlon and pr t
.;uiu- for p
must flle with the prothonotary of each county the name of authorized
agent upon "horn proce. may be erved.
unmarried, and the r n , I u , nnd profi of their -eparat!nii~
~
nre not controllable by h lm band. Dow r: 'l'he widow 1s
rofgo:ts·. • "on-resident plaintiff, may be required to giv . curity
to one-third part of all the land and en m n '\\h r of berh~lf'JJ!,._
t JJI"':
lie s
• ized at any time durln_ h r mnrrin • uni
,
Court . Terms and Jurisdiction. 'fhe difl'er nt court~ of the
relinqul h d m h right, for and durin the tenn of her natU:tt •
State are as follow. : ~ upreme court; regular term at Dov r third
If her hu banrl dies "itbou I ue or th chi! r n of is.sue -1~ - ~
Tuesday in June and January. Court or chancery and orphans,
t . A rnarr
moiety i toad of a third part of the real
i
oz
J,
~!f{3
%
tw:~
b1JeJi!!
of
ert
of
Wit
in
th
ot
Wit
or
thi,
BANKING AND COMMERCIAL LAWS-DISTRICT OF COLUMBIA
of the age of twenty-one y a and 11pward may di ·pos of her property, bot,h real and per.-onal, by will. ~ ithout he written con:;ent
of her husband, but, subject to his right of courtesy. T"o or more
, itnes.<;es are neces.,;;ary for a will. Hu ·band and wife may te;;t,ify
Wiea~\Jt'il actions in which either or both are or may be partie to
, lortgages of Real Prouerty are executed and acknowledged like
other deeds. They hecome a lien from the time they are lod"ed
with the recorder. Upon fmcclosure of . ame there i no redemption
of property. A purchase money mortgage should be recorded within
thirty days to avail against, a. sub. equent innocEJut holder.
Proof or Claims. The full individual names of plaintiffs and
defendants, together with style of doing bu.-.ine ·s. mµ t he stated;
or if a corporation, the laws of what state under which incorporated.
One of the plaintiffs. if a partner" hip, or the treasw·er or cashier
or a corporation, must make aflldavit to the amount claimed, giving
an itemized copy of the cause of action attached thereto. It is
advisable to have the afiiclavit made before a notar" public, though
it m~y be made before others. (See Affidavit.)
Protest. (See Bills and Notes.)
Replevin. The writ i. sues out of the superior court to obtain
Possession of goods unlawfully taken or unlawfully detained. ~ To
affidavit is required, but before the officer to whom it is directed
can execute it the plaintiffs or some sub tantial person for him must
;gter into bond to such ofilcor in a penalty of double the value of
eft~ci~~i~.toD~1e~':fa~;i~~~ ;i~~d~~\~t:;~:r ~J>J a:;1u:;t~i~1eti~i~o'~~~
0
Summons may be -erved on the defendant by stating the substap.ce of it to him personally at any time before the return of the
Writ, or by leaving a copy of it at his usual place of abode in the
Pres~nce of some adult person six days before the return thereof.
Ag~11;1st a corporat.ion may be served on the president or head officer, if
res1dmg in the State, and if not, on any officer, director, or manager
the corporation or duly authorized agent named for said . ervices.
11 chance1y service may be had by publication under order of the
chthancel}-or. From a justi~e service must be ~ersonal if forthwith,
0
erw1se four days mm t rntervene betore hearing.
Taxes laid and imposed by the levy court of a. county or by the
State for it own purpo. es, are a lien upon all the real estate of the
taxable upon whom they are imposed, for two years, and such lien
e. ments
a as preference to all other liens against him. General
re made every four years.
Wms. Any person of the age of twenty-one years or upward,
~f sound mind, may make a will as well of real a personal estate.
very Will mw,t be in writing and signed by the testator, or by some
Pe rson subscribing the testators' name in his presence .and by his
express direction, and attested and subscribed in his presence by
two or more credible witnesses, or it shall be YOid, A will shall be
0tvhed before the register of the county in which the te. tator resided·
e time of his death. A nuncupative will of per ·onal estate not
mnounting to over $200 and pronounced by the te. tator in his last
nos.<i_ ~n the presence of two or more witne e i valid if reduced
g> .writmg and attested by said witnesse within three days after.
thhildren born after the date of the will of the parent are entitled to
fn~esi~1re~ share of the parent's estate as it such parent had died
yr
ff
SYNOPSIS OF
THE LAWS OF
'rliE DISTRICT OF COLUMBIA
HEL TL'G TO
BANKING AND COMMERCIAL USAGES
Prepared and Revi. ed bY .Jon:s- n. J,An,·,,n, ~ Q. Attorney at Law,
a.·hiugton Coan c· '!'rust Bid"., \\ a: hlngton.
b:y~~:~owledgment .. Tho d d of a corporation h!11-l b_ e.·ecut_ed
tlie a, tng the seal of the l'orporatio11 nttached and hemg 1gnocl "1th
he : ~rne ot the eorporation, by it:- president or other ofllcer, 1?-ud shall
al>Poi1 knowledged a. the cloccl of the corporation by an. at~mey
deed •ited for that purpos t;y II pm,er of attorney embodied m tbe
annex~r by one i;eparat , · therefrom, under the corporate eal, to be
,\ ect to and recorded with the deed.
Sea! (•:no~,'led~m nt of needs. When any de d or contr3:ct ~mder
ela.tmg to land is to bo acknowledged out of the D1 tnct of
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
1
1845
0olumbia., but within the United • tates, the aclmowledgment, may
be made hefore any judge o a court of rocorcl and of law, or any
chancellor of a State, any judge or ju ·t,ce of the ·upreme. circuit, or
territorial court of the United tate,, or any justice of the peace or
notary public; Provided that the cor1 iflcate of acknowledgment
aforesaid, made hy any officer of a State or Territory, not haviu~ a
seal, hall be accompanied by a certificat of the register, clerk, or
other public officer tliat the officer takinJ:?; aid acknowledgment wa-;
in fact tho officer he profe. sect to be. Deed · made ir} a foreign country may be acl·nowledged before any judge or notary public, or before
any secretary of legation or consular ofI!cer or acting consular officer
of the United State. as such consular officer i. descril>ed in section 1674
of the re, ised statutes of the United States, and when the acknowledgment is made before any other ofliC'cr other than a SCC'ret.ary of
legation or consular officer or acting consular officer of the United
States, the official character of the person taking the acknowledgment
shall be certified in the manner pre. cribed as to deeds out of the District of Columbia but within the United Stat.es. No deeds of conveyance of either real or personal estate by individuals shall be executed or acknowledged by attorney.
Actions, • he common law forms of actions are used except as
modified by stat.utes.
Adn1inistration. The probate court, a special term of the
supreme court of the District of Columbia, has exclush·e jurisdiction
of the sett,lement of estates. A written petition stating the facts
in the case must be flied with the register of wills. This petition is
acted upon by a justice of the supreme court of the District, who sit~
daily. All executors and administrators and guardians are required
to give bond with security to be approved by the court. The testator
may waive the giving of bond, but the court always requires a bond
sufficient to cover the debts and 1 11:acies of the deceased not to exceed
double the value of the personal estate. By act of Congress, certain
trust companies incorporated thereunder may act as executor or administrator wit out bond, and corporations having power under their
charters may act as sureties in all case where individuals can. Creditor may be barred in thirteen months provided the required notice
is properly published. Probate court may order sale of real estate to
pay debts, in case personal assets are insufficient. Assets of non-residents in Di trict of olumbia are subject to claims of local creditors
for one year after death.
Affidavit . Affidavits for use in the District of Columbia should
be taken before a justice of the peace, notary public, judge of any
court of record, or a United States commissioner.
Allens. Aliens may hold real and personal property in the District
of Columbia, and may acquire real estate by descent. Alien corporations are prohibited from acquiring real estate. Corporations of which
over 50 per cent of the stock is or may be owned by persons or associations not citizens of United States can not acquire or own real
estate in District of Columbia.
Appeals. Appeals will lie from the municipal court to the supreme
court of the District of Columbia where more than $100 is involved,
and in actions for the recovery of possession of real estate. Appeals
may be taken from the supreme court of the District of Columbia to
the court of appeals of the District of Columbia. Appeals may be
taken from the court of appeals to the supreme court of the United
States:
1. In cases where jurisdiction of trial court ls in issue.
2. Prize cases.
3. Constitutional questions or treaties involved.
4. ,vhere validity of any authority exercised under U. S., by an
officer is in question and
5. Construction of any law of U. . fs drawn in question.
Arrest. There is no imprisonment for debt in the Di trict of
Columbia. The court has the power to imprison for non-payment of
alimony in divorce ca es.
Attachments may issue at institution of suit or subsequently,
upon affidavit of plaintiff or his agent, supported by that of one or
more witnesses, showing the gl'Ounds of his claim and right to recover,
and that defendant is a non-re ident, or evades ser, ice of process, or
is about to remove, assign, dispo e of, or secrete property with intent
to hinder, delay, and defraud creditor , or that the debt was fraudulently contracted. Creditor must give bond, with approved surety
or sureties, to be approved by the clerk, in twice the amount of his
claim for costs and damages if attachment i \\Tongfully sued out.
Bills and Totes. The common law of England relative to bills
and note·. except where changed by tatute, governs all case. in which
they are involved. A law similar to the. ·ew York Negotiable Instruments Law is now in force in this District. (See Legal Holidays and
Protest.)
Chattel Mortgages. No bill of ale or mortgage or deed of tru.,;;t
to secure a debt of any personal chattels whereof the vendor, mortgagor, or donor shall remain in possession, is valid and effectual to
pass the title herein, except as between the parties to such instrument and as to other persons having actual notice of it, unless the
same be executed and acknowledged and within ten days from the
date of such acknowledgment recorded in t.he ,ame manner as deeds
of real estate; and as to third persons not having notice of it, such
instrument 1-,hall be operative only from the time within said ten
days wh r it is delivered to the recorder of deeds to be recorded.
Collaterals. The holder of the note as collateral security for debt
stands upon tbe same footing as the purchaser and may maintain suit
thereon for bis own benefit. The collateral pledged may be sold in
accordance with the terms of the collateral note which usually provides that the collateral may be sold upon non-payment of the principal of the note, either at public or private sale, and in such cases the
purchaser at any such sale obtains a valid title to the collateral sold.
Contracts. Every contract and obligation entered into by two
or more persons, whether partners or merely joint contractor . whether
under seal or not, written or verbal, and whet.her expressed to be
joint and several or not, is for the purpose of suit deemed joint and
several. On tho death of one or more of ucll persons, his or their
executors, adruini ·trators, or heirs are bound by said contract in the
same manner and to the same extent as if the ame were ex-pressed
to be joint and several. In actions ex contractu again 't, alleged joint
debtor it is not necessary for the plaintiff to pro,·e their joint liability in order to maintain his action, but he i entitled to recov r,
as in actions ex dclicto, again t such of the defendants as shall be
shown by the eviden ·u to he jointly ind bted to him. or against one
onl:r. if h alone is . hown to be indebted to him 1 and judgment will
be rendered as if the others had not b en joined m the suit. Any of'
several joint, debtors, when their debt, i · ovei·due, may make a. eparat.e
composition or compromise with their er dit,ors.
Corporations. Any t,hree or more persons ma.· form a. company
for the purpose of carrying on any ent rpri ·e or business whkh may be
1awfully conducted hy an individual, excepting banks of circulation
or discount, railroads and such other enterprl e or bu. in ss as is otherwise provided for. Sueh corporations may have a. perpetual existence.
~ To uch company is authorized to tran act bu. iness until 10 per cent
of th capital st,c1ck shall ha\'e been actually paid in. either in money
or property at Its actual Yalue: and t.h recorder of deeds before
filin" any<' rtiflc'n.tc of incorporation, must be satisfied that the entire
canital sto ·k has hecn subscribed for in good faith. .All of tho stockholders of such company are cverally and individually liable to the
creditors of the company in which ~hey are tockholders for the unpaid
amount due upon the shares of sa1d stock held by them respectively .
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
BANK! G AND COMMERCIAL LAWS-DISTRICT OF COLUMBIA
1846
for all dollt. and contract made by such company, until th w holo
amount of cap,tal !';tock fixed and limited by uch compan~·. hall ha,·e
Ileen paid in. and a c rtificatc thereof hall have been made and
rccordod. Every ~uch company nm ·t annually, exc pt in urance
companies, \\ithin twenty day from the first of January, make a
report, which hall b duly publ.u hE}d ancl whi ·h report hall ·tatc th
amount of capital and the proportion actually paid and the amount or
in th Di trict
o. istin~ dent:. [<'orelgn corporations doing bu in
of Columbia are . uhje t to ·crvke of process on their a"'ont or on
the person.· corfductiug thefr bu 'in , or bv leaving copy thereof at
the prindpal place of l>U lne_ or uch company. or at the residenee
of iL · agent. The affairs of the corporation shall be mana"'cu. by not
less than th ec nor more than fifteen tru ·tee. , a majority of whom
mu t be resident. of the Di trict, to be annually lectecl, .·c pt for
the first year, by tl1i> tocl,holder , at sucJ1 t,ime and plar-o as may be
provlcle!I IJy th by-laws. Th fee of the recorder for filin"' all ccrtiflcato · of incorporation where capital st.ock i · authorizocl i forty
(40) cents on each 1,000 of the amount of the capital .. tuck of the
i~rrt~ail1°ar:; a;.:;. et fo1·th in it eertifleate, pro, id l that no fee shall
on
Courts in ~ ion continuou ly throughout tho year. , ui
contract,;, accompanied b~· ufllc-ient affidavit of right to recover,
~~iYd~1)! ts~~~°aU:
1
t}~~ri~m~
11
~1 le~~:
~}l t r:i~tyo~ad~fc:d~Igt_1i~1l~f .
-~
affi<lant settin" forth fact. 'l\bl ·b, if true, woul I in Ian con,, itute
a valid <lefenst>.
I>aJs of Grace aboli. he"d.
neNls. 'I'he following form o eccl is now all that is r quired in
the District of Columbia to eonvey o. fre ·imple title to real e ·tate:
. , in the year .. , by me,
This tlced. made this.. clay of.
. , witnessoth. That in consideration of (here insert conof
ideration). I, the said ..... , do grant unto (here in ·ert grantee'
name) of.... . . all that (here d cribo the pro11Crty
. . . . . . . . . . (',ea].)
Witues.' my han<l and seal.
deed must be acknowlcdg tI anrl re 'or<led "ith tt•e record •r of deed
and tak ~ effect from the time of reconlin~. A &croll i con id red a
ufficient eal.
Dc110si'1 ion. . Depositt01L of wituc. <:e to be used in an.r ch ii
caus ,, hether the ca. ·e be at i ·ue or not, ma~· be taken under any of
the folio\\ ing conditions: I. \Vbcre the wit no ·s live-. heyond the
Di trict of C'olurnbia. 2. Where the witness i-: likely to go out of the
Unite(! States or out of the District and not r •turn in t im for the
t.rial. :L \\ here th wit,ne · L infirm or aged, or for any roa on the
party desiring hi.:; testimony fear he may not he able to secur tho a.me
at tlte time or Lrial. , ·hethcr the said ,, itnc-:. resides , ithin the Di·trirt or not. 4. If during the trial any witne i unable, hy r ason
of sickn •. s, or other e u . to attend t11e trial, tJrn d po ition of ,uch
,vftn . may, in th• <Ii: c.Tetion of the court, be taken and read at the
trin.L The deposition may b taken before any judge of auy court of
the L•nfted '-tat s; b •fore 11.• commi. ioner or el rl· of an.' court of
the l •111tod ~tate , or any (•xaminer in c:han ery of any court of the
nited 'tate ; bofore any chanc llor, jw·tlrc. or judg or cl 'rl· of
any court of an · State or Territory or other plact under tlic o, reignty of he ·nit cl 't· te , or any notar.' puhlic or ju tic of the
peac • within an:v pla~c under the . v rC'icmty or the l'nit •d 'tate .
PrO\ide,l. thai n I such PCl"On ·hall he eli.ril)le to tak such lel>Osition
who is r-ou11.·p! or att ·:wn y for any party to the cau o, 01· I\ 10 I in
an,r1rise iuterestt>d in the e\ nt or the cau e.
I>• <:cn1 anll Hi trlbutlon. The ordinary ru! s of d c nt may
I. If an int estate lea, e a chilrl or chilrlre11, or
bo stat eel as follow
d l' mlant of such ~hild or children, hi property de. eend to uch
the do 'r ri"ht
chilcl ot· C'11ildren. or heir de. cendant , • ubject only
of the "idow, if there be one. 2. If th e~tatc de cen eel to he
intestate on the part of th r ther or mother ancl there be no child or
the de. cendant of any chlld. then to the brother· and htcrs and their
clc.·c nclanL,:. - 3. Jf none, to the mother or father 01· tb~ auc stur ·
of the inte ·tate and their de cendant of the blood of the lli')ther or
father, grandmother or grandfather, a the ca. e may be, ubje<"t to the
. If non . then to the husband or \\ifC and their
widow's <lower.
kindred in equal degree, equally. 5. • o cli inc ion b "·eon vhole
anrl half blind on part of parent from whom estat cl ~ccndecl. <i. Tr
the1·e bC' no heir, the land:-- shall e-che; t to the DI trict of l 'olumbia.
Personal Property; If a \\idow and no c·hild or de ·endant , parent,
hrother, or :sister or <le c •ndant., the widow hall have the wholP,
of ehilrl or cle.·1·cndant.·, the willow ·hall hav • ouo-thircl onl.J,; if in
·hild or descendants, but parent, brother, etc., the ,·i Im, hall hav
0110-half. The urplu: hall go a folio\\·: (l) If d1ildren or de ·onclant.. to them P<:jll, 11:,,- per ·tlrpe ; (2) If no child or d C' ndant and
n fath 'r, then to the father: (3) If no rather, but a mother. then to
the mother; (1) If n ne, but a brother or -.i ter or de CC'ndant , to
them l'Qllally Pl'I" ·tir1w ; o;, If none, to rollat ral r lation. In equal
dein-<>01 Gl 'I here is n di Unction I et\\ een the' \\ hol and half hlo d;
and · t r<-;
• o represemation aftor de rendant. •Jf brother
(7\
(~) Be)•ond the fifth d !?re , the personal estate got to the Di tri ·tor <'olumbia; 0) The hu baud on dC'ath of th , 1ft i ntitlcd
to all h r per onal prop rty in Jin·, ·ion without dmlni ·tration, hut
administration i ·"'u ually rsort !l to for protection •if p ti d aUnrr
\\ith.the hu band.
Dower. \ ,,ife i.· entitl d to ,lower in all real ·tat o, nNI by the
hushaml at the time of hi dt ath, inclurlin~ equitable a well a le::al
state·.
E, i<icnce. (~ee Depo ition .)
\.fter Judgmen~ th writ of ,::arni. hmt:'nt may
<:arnlshrncnt.
issue again t specific propPrty or credits in the hands of tlie gami h e
and on he return of the \\Tit, if there be er dit , the jud~mcnt or
condemnation folio \ s The \\Tit or garnishment can not bP i ,,,ucd
a"'ailt t th l'nitPd ta e or the Di trict of C'olumb1a.
Legal holidays are .January 1 ·t, February 22d,
Holiday .
May ~0th, Ju1 y Hh, fir t. Ionday m eptPmber (Labor Da~•), De1·u11ber 2.,th, or the folio, ing clay \\hen any or the e date fall on :unday, and uch day as may be appointed by the Presirlent or tb
for fa ·tin~ anrl pray . E, er · a.turday is a le~al l1alf
Unit •d .'ta
holiday and note-; fnllin::,: due on that day are n<Jt prote tcct until
Proee 1 not i · ued or erved by th mar-;hal after l!.!
fonday
o'clock on aturday.
llu-,band and '\\'if . The wife's pr per i exempt from the JJ11shand s dobt . The bu band may c nvey irect to his "ifo. 'l'be
0
~te~l~~~r~r,,~f;r' ill~ ~{Jgt~ d~!ct, f~it a.:~ ifuN:
I~~~;i~J
'as~~;.if°eshe
were unmarried. • he also ha po'I\ er to trade and to u and
be sued, but no married woman under the a"e of twent,v-onc ·e· 1 can
make a , alid dee I or con •eynnc . On the daath of a married ,, omao
tho hu ·band is entitled t.o an e. tate by c >Urt y in her fee ·imple property f which ·he die· inte tate. On tho d •ath of the 1\;fe in test ate her
tate becomes the prop rty or her bu,-band. 'l'h8
Pnti c per onal
hu ·baud i · not lia >le for the deb of hi· wife cuntraf'ted before marriage A hu band, who ,, illfully n lect.: to provide for ,ife or
minor hild under sixteen year., in de: titute cir ·umstam· •s, may be
adjudged gull y of a misdemeanor, and may l)e flnou., or impri. oued,
by the c-ourt havin"' jmi dirtion.
lntere:.t. The le"'al rate of in ere• in lhc- Di. trict of ("olumbia i
G per cent, and in an~· uit where the contr. et i tainted "ith u u1-y the
plaintiff forfe,its IJ1e whole of the intere ts, contractecl to lw received,
and here mmrious intere: t h; been paid it can b recovered provided aC'tion for ·uch recO\ ry b brou"llt within one year. In an
action on a contrnct for th· payment of a hi"'her rate of intor ·t thaJJ
i. la\\ ful in the lJI! trict. made or t h p rform d in any tate or
urh contract rate of inter t
terTitory of tie Tnited , tat" , ·her
is la ful. th judgment for t11e plaintiff hall include such Pontract
intere. t to tllf' dat of the judgment and interc t thercafte at the
1·ato <if G per eeutum J>er annum until paid.
udi:n en t . Every judgrue t i · good and cnforc a 1>le by an e:.cru·
tion i uc<l t 1 rcon for a peri,,d oft, elvo year.-; from the elate\\ hl'(l all
exeeutiou might first have been i ,,twd thereon or from the <lat~ ot th~
last nwhal thereof by clre faei1 ·. Jud1m •nt of tho muni •ipal cotU
arc uot lien on real c tate uutll r 11rded ill thC' .·uprcmP cour1 of th
Di. trict of ColumlJia.
BANKING AND COMMERCIAL LAWS-FLORIDA
I 847
c·au-.c of a<'tiou al'c·rued, or , her• the property i11 liti'-'atlc•n . If
brought in an:v ,·ount,\· vh •re I fendant does not r •sid • t ht> phi11tifl'
or some person in his bl'halr. ,hall 1lle \\ ith t lw p1·eC'ipe or !Jill il1 <'hanccry, an amclavit that the suit is IJl"OU ht in good faith and 1\it.,}1 no
intention to annoy tlw def"emlant. This latter J)l'O\ i ion do s not
apply to suit.· a rain. ·t non,rcsidcnt. . \\'he-re there are joint dc-f n<lant
suit may he brought in any t·oul.'t or justice distri<'L) here :.lily one c f
the defendant. resides, or wl1ere the cause of action acc-ru cl or \her,
the property in litigation is. Corporations (dome.sti<') <'all onb be
snc-d in a 1·ounty \\here tlie~· keep an ofllce. Porei.m corporati'ln nm~
he su ·cl in an~ <'ount~ ,\h i·e the~ have an a!?'.ent, or \\hcr1• the eau l'
of action a,·,-rued or \\here thP. pmperty ill litigation is.
Adn1lnistration of Est.ates. L pou the death of a per.·011 inte ·tate
m· having mad a \\ill hut appointing 110 execut.or, the c llmty judge
appoint an arlminbtrator, 1n·eforri11g fir. ·t tlw n •xt of kin; hut if no1w
su<'11 apply, thP11, upon noLie giv 'II hy publieatien, an. Tl'<li1nr or
ro minor can IJ<• appointed. If no one applies fnr
:mit.ahlc person.
let.ters or administration witl1in sL·ty <lays after death, tlit• 1J1·olJatP
court may onh r the sheriff t-0 art. The administrator appoinh·d t,~•
the <"ourt u, t gi\·P. bond in amount to be 11: ed by the J>robate judge,
res1 ert heir1~ had to the value of the estate. The sheriff when acting
as administrator is liable upon his omc-ial llond. Ulairns a •ain,;t an
estate are barred aftPr t\\O :rears from date of notil'e gi\ en h.' admini trator to pmsent same. Debts due more than tJye ~ ears prior to death
arc barred, saving Lo married,\ omen. minors and persons non <'Ompo ·
nwnti,;, imprisoned, or out of ,"tate, three Yl'ar,;, after n•mo, al of di a'l ho c-omponsalion of the administi-ator is dcto •mined Ji~
l hilities.
the t·ourt and. in addition t.o epmpen a.Uon fo1· his ordinary duLi •s,
no to exceed u per eent of n,oll<'Y rccei\ et! fur sales made or 11crso11al
\<iministrator. must makP annual settll'lllents
and real property.
heforc tile first day of .June caeh ~ car or l"orl"eil, c·omm!ssions. The
<'ircuit C'ourt i · empowered ti> autboriz:e administratnr or e e<•uwr
t.o carry on decea. eel's trade or businCl s for a roasunahle ti1r0.
Affida,·its may he made hef<,re a11y judge.' clerk of t.hP. <"ircuit ·tnd
supreme courts, justice of ,he pca,·P, or notary puhlie.
Aliens. • -o distinction bt't \\ PPn ai1y citizens, e.·<'ept that th< y nr,
not i,lluwed to vote.
Appeals. Appellate proceeding· for th eommon law siclt> are ll\'
"Tit of error, ,, llieh must bo su •cl out\\ ithiu six mon hs from th <iat"e
of the judg-ment. The record mu ·t be tllod i11 aPIH Hate court on or
)ue before the rnturn day of the n-it, under penalty ol' di,·mi. sal.
tions of fact can on!.· lie tal·en up l>y bill of Pxt·ept ions, \\hirh mu. L be
present eel within tlie term of the court unless I>;} special ordP1' t hl' t irne
is extended. .\ppt als i11 chancerl ma~ be taken within six month
and tbP la\\ goH'rning writs of ri·or as far a,; iL relat.c to filing of
transcripL of records and proc eclln •s t hm on and flling u .·ig1111wnt
of errors, the rlut,y of appella!P 1•ou1·t, i11 gh ing jud({mPnt. in t•au ·ing
execut,ion or its c1ef'rees and quashing wl"its of error. arc applkahlP
'otke of appeal in chan<'eIT mn:t De flied
to appeals in drnnrery.
with d rk and n<'ot·tlecl in minute·. This gin• appellate e1rnrt juri diction.
Art,itraHon. Part1e: to tlw t·ontro\·ersy may mal,e a n1le of court
of any arhitrntion to \\hich they ma~ de ire t-0 submit. IJy Ill in.!?: a tatemcnt uf arrreen ent of the matters tbPy de:dre to arbitrate in writing
with the<" nu-t hn\"lng juri. dictio11. \\lliC'h "1Utt'lllenL shall inrludp the
\n award upon sueh arbinames of the arbitrators and the m11pire.
tration C'an onI1· l)o et a,·i<le for fraud, oorruption. gros,; negligcnct:,
(H"_mislJehrnior Of one or more of th«'_arl itrator.· or umpire, or e, icleut
mistake a.-Joarn !edged by the arbitrator or umpire, \ ho made and
sig11ed the award.
No ar~est for non-pa:-, nwnt of lll<lllPY unless it he for nonArre!-lt.
pa~ ment. of a fine lawfully imposecl.
·,dgnnH'nts by iusohent · are
Assignn1ents anrl In-;oh·enc,·.
provided for bf la~1. l'refer<'llcl'. are not, allowed. All ])ropcrt,).
surrendered t,n the assigm• .
l>e
must
e~.empt,
1s
winch
t.hal
except
,
SYNOPSIS OF
•\..ssiguee ghes bond and iml,; up c. talc.
Atta<'lunent process may issue upon affidavit mad(•, setting forth
that amc,unt is ac•t ually due; that plaintiff ha.s reason to believe dofenclant will frauduh•ntly part, 1ith his property Jwfor<' juclgment t•a11 l>C'
recn,·erpcl or is actually remo, in, hi propcrt,. m· is a.hout to remo\ •
it out ?I" the State, or re idt's bo)ond thP iimCt« thereof, or 1 · actuall)
r< movmg or about to rl'mo ·c out of thtl. tat . or absconcL-; or conceals
HLL •11.·G TO
himself or is :ser·retin~ Jll'OJWt'lY or fratlulent ly disposing of. ame, or
~ctua)I)· rerno\ in~. or i · about to remove, !Je)·oncl the ju,lidal circuit
\ttachn ent, mav alsn issuo for a debt
Ill \\lu<'h he, sh • or they reside.
BANKING AND COMMERCIAL USAGES
tually e ·isting, am!
not 1lue, upon aflid:l\ it stating that th, debt is
that tlw clt>t'Pndant is actual]~· rcrno\ ing his propert.y beyond tht•
limits of the ,;(ate, or is fraudul<'ntl~- disposin~ of his property for
the purpose of ;n-oiding the payment of his ju~t dehts or demands. or
is fraudulently i--eeret inis his property for sueh purposes. 1 ·oof must
He\i.'eli })y HALE),· HEr n. ttorn£\\ at La", Jack on\illi Fla.
also, IJC exhibited to thP otrkcr h~ afflcla\·it other than that of tli<' plaintiff. of the existpm•e of the sµcdal ground. The making; of the affiA.ccounts. Open accounts arc barred in three ~cars.
davit eau, es all debts to mat ur<' for the pur11ose oft he suit. l'lainti!f
must giye bond, wi1h two securitic in at least double the dl•ht or um
[f"-cknowled~inent mu t in e\'ery instan e be under. officfal e_al.
demanded. ,'en iee of notice of the suit may be eitho· p<>rsonal or
ofmacte in the. 'taLo of I• Ioricla. may be made bef re an~ Jud~e. JU t1_ce
hy pubMc Lion \\here att.achment i.· I ,ied and propt•rty i,; not l't'takcn
t!'1e })eace clerk or cl •putv clerk of a court of record. or uotary P~ blw; by
defendant. • o arrest- a IIO\\ <'cl in C'i \"ii act.ions. Writs of gamish\>f lf lllalie out or UH• Htate, an<! within the. Uni d 'tat , hetore a_ ment
ma~ he issu11d at 1·omnw11rernent of ·uit or at any time aftero(
er~or
g'!)\
the
hy
appomted
thJ:?ltecl State· ('om missioner of Deeds
ward. provided the plaintiff, hi" agent or attomey, \\ill male affidavit
III ed • tates
lR • tate, or before a juclrre or dl'rk of any court of the
that the debt for \\hich the plaintiff ues is just, due anti unpaid,
~~ 0 any _state, tl rritory ~r district, having a ':'ea!. ,or hofor_e_ a u_ot~ry
that the garnishment applied for i. not sued out to injurn eit,her tht•
a b.1c ~r Ju,;tfre of the peace of sueb s_tate, t rritm J or dlstrrc.t. h_aHng
defendant or the garnishee; that he clues not, helieve that def'enclant
b~ 0 tUc1al :seal, and the ccrtiflcatl' of ackno'I\ Ielig-m II or pwo_t shall
ha\e in his JJOsscssion after execution shall lie issued visible
\\ill
:seal or the court or omcer a the ca may be. It ~nade
0 Under t-he
property in this :;tate and in the t·ounty in \\ hieh suit is pendini:t upon
but of the l'nited 'tate., cfore an~ coJnmi -.iouer of~' cl! n1!pomted
a levy c-an IJ made sufricient to satisf;,· the amount of plaintiff's
whic•h
ll'.>tarr
an~
I>~ the g~ivernor of the ~tat e to rcs1de Ill :uch P!lllltl"J' or
cbirn, stating the amount,, and, except in cases in wbich plaint.itr bas
Co hlic ot such forcic:n C'ountry, or hefure anr m_1m ter <'barged _afl'<t,ir .
had an attac-hment or obtained his final judgment, he, his ae;cnt or
Ill nsul-gencral con"UI , ic-e-<'onsul <'Ommcrcial ac:ent, or , 1ee-< omattorney, must enter into bond payable to defendant in double the
ircial agent of the UI1itod States appointed to re id in uch l'O'l;llltry.
amount of the debt, condit.ioned to pay all co ·t · and damafl,"es which
d n e~•auce of dower and po" er· ~f a_t Ol"'.Ue:r fc,: th. cxec.utH.m_ of
ma:,- sustain in eonsequen1·e of plaintiff's improperly suing
defendant
of
s
lOrl\e~arn
as
mannc1
!Jl·e
m
d
e~ut
bee
must
r ds to real estate
out, the writ.
aea1 estatl'. \ "ife's iu-kuowledgment mus~ be taken eparate an~
k~art from h r husband. Olli<'ers mu t certtf:\· that the g-ran or" an
Rank~. • ·o banl,ing company .·hall he organized \ ith a capital
own to him. The following is the u ual form adop <I. \ iz:
Jes,; than -30,000, e ·ce11t that bauk with a capital of not less than
.i.000 may with approval of comptroller, he organized in any city
l
l
Oou late of I• lorida
01· town <'Ontainine; not more than :J,000 inhabitants, and that hanks
,
B nt~· of . . . . . . . . ' .... l
a <'apital stock of $2,.00ll ma~·. with the approval of the t·omptrolwith
. ,u~d
Ilia eforc th• uh crll)('r 1w, ·onall\ appearc·d.
ler, he org-anized in a11y city or to\\ n of not more than l.i,000 inhabitant .
to be the indh idual cl •sen! cd m
an Wife . . . . . : . 1,IIO\\ 11 to
banks may ha\ not IC'.·s tha11 . 20,000 capital. Banks a.re
Sa.vinf's
th d 'Who exceut<>d the foregoin, im;trumcnt who ndo~o!\ I d ~e~ t_~at
f'lrmed as other corporations arc, and c-an not begin business until
thcr1 In,_c. p1essed
&ndy executed the sarne f,i.· lhc nses and purpo_
hy the comptroller. The comptt·oller of the ,'ta.le ma:-,
authorized
. ..
the said. . . . . . . . .. . . . . . . . . . .. _. ~n~ of the ,-.aid.
.
ins1wct and suppr\'ise the Im ·ino:s of the harJ-, except national hanks.
nmrn cl eparatc
being by me furth rand prn1ly
and c amine its books, paners, doeuments. minutes. and
inspect
and
th.~t
dodared
~nd
d
ackn~\\lcdg
husband,
afd
her
llb d ai,art t 0111
e, er) t hinc: \1ertainin~ t,o the> ads of t lw hank. Banks arc require<!
he e_x '<"lltt>d the same rreely and ,oluntaril~·. and \H_thout fear, ap~ncto 111akc ful and complete reports v.hl'lll'\'Pr called for h~ the ~tatt'
forni lon, corupul ion, or C'onstraint of_. or fro~n her aid hu,-.hand, and
<'0111ptroller in ,;uch form a: he ma) pn• -crihe, and athnrti ·e in
oe the JJurpos of reiH,mH'in" and rehnqmshm all h r rhd1t, of\\ hat- January
of ead1 year amotl'll of tock, propertv, and t·omractual
V~r kin(!, in nnd to aid property.
indehtcdne:s. Before organization the, \\ holP of th C'apitnl stoel·
da)' of.
l9Gi,en Und •r my hand and eal offlci, I thi
pa1~ in <'a.sh. St,oekholdPrs are indhidually liat le to the
be_
must,
•• ..
extem of t.he1r stock at the par Yalue t her •of. in addition tot Ill' a.mount
i:n·e.ted in :aid :hare·. Director.- mu.l IH' citizPns of th· Pnittd
tat 's, ar!d own t~n share,; of ~to ·k 9f. IOO 1wr harl'. The c >mptmlln, ,Ht1_1 tht' aid of the courts, "n1tl. up the affair or insoll·ent
a.ti
llanl . l'riYatP hankers arn suhjcc•t to all Pl'naltiPs of he
'l'rust Con11mnics. Trns cumpanie
general pro\ ision. of tho cod on that ubj ct.
fay
can be i11corporate I "ith le. · capual toek than l 000 ooo.
do a storage busine.-;. wi01 a capitalization of not I s than 1,200,000.
Foreign companies <ll'sirinc• to overate in th Di. triet mu ·t llr.·t comply with the pr<n i ·ions for the organization of tru L companies undet·
the la,\ of this Di.·trict.
11 wills and te taments must be in riting and si:sned by
\\ ill .
tlJe testator, or by some ot-het· person in hi,; presence and by his express
<hrec1 ion a11d hall b attc-.ted and ub cribed iu the pre ence of
o , ill, testathe aid t tator by at least two credible ;i~:µe e .
ment, or codidl is elfer·t11al for any purpose vhate or uni ss the
per on making the same be. if a male, of the full age of twenty-one
Year , and if a female, of the full age or eighteen J ear:s, and be at
the tim of executing or acl·n1rn !edging it, of ound and dispo ing
mmd and capable of e "CUtin..{ a , · lid deed or contral·t. ,. uy will
executed after January 17, I '>-'>7, and beror Jauua1-y l, 1 H02, de, ising
1·cal esiu.te, rrom whi<'h it shall appear that it wa the intent-ion or
the testator to dPvisc propert~ acquired art er the e.·ecut ion thereof
hall be deemed, taken and held to operat a a , alid de, ise of all
Uch 1>ropert;\; and any \\ill h eafter executed. , hlclt sh, 11 by word.·
of general import deviso all of Lhe estate or all of the real estate ot'
the te.·tator shall bl' dPemed. taken and held to oper· te a,; n Yalid
de, i e or any real e tate acriuired, hy aid t , tat or aft r the e ·ecution thereof, unle ·s n intention ,-.ha~l appear to the cont:rary. "here
a de, L-;e • or leg-atee dies before the testator, lea,in i,; u , uch i: sue
~tands in the place of the der·Past>d cl('\ ise 01· 1 goatee unle. a contrary
mtenti<m appear from the \I ill
,1
THE LAWS OF FLORIDA
a
f
me
an···· - ...
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
1848
BANKING AND COMMERCIAL LAWS-FLORIDA
banking laws and to the super ision and control of the State Comp-
t1·oller.
·o new private banJ·s permitted after June 4, 1915. It is
a misdemeanor to ma.kc wilful and malicious derogatory statements
affecting banking institutions.
Bills or Ladin~. Bills of lading are evidence against the carrier of
the direction by which freights are to be received, carried, and delivered
--collector or holder of commercial pa.per. attached to a bill of lading
not a warrantor of the quantity or quality of the good· repre~ented
thereby, except by expre:s: contract in writing, and the officers. agents,
and employes of the carrier are requied to comply with tho terms of
the bill of lading under penalt.y of criminal prosecution.
Chattel .M ortgages and Deed-. of TnHL All conveyances intended to secure the payment of money are mort-gages.
hattel
mortgages must be recorded or the property delivered to mortgagee
to make them afl'ectual agairu t• bona fide creditors and purchasers for
value. Injunction will be granted a~ainst the removal of mortgaged
pe1 onalty from the State; can only l>e foreclosed by bill in chancery
unless under 100, and upon per·ounl property, when a common law
action may be brought in ju. tice of the peace court, and mortgage flied
with precipe. The form and effect of trust deed. have not been disturbed by statute. It. is a criminal offence to mortgage personal property more than once without the consent of first lienor.
Checks and Draft. . It is a f, lony to obtain money or goods by
drawing and uttering check or draft having insufficient funds on
deposit to pay same, provided the check or draft is presented in due
course and drawer fails to. pay .·ame, or return the consideration
received, within twent.y-four hours after written notice of dishonor.
Collateral Security. It is a nusdemeanor to sell, pledge. loan, or
in any way dispose of collateral security without the consent of pledgor.
A written agreement may be made at the time of making the pledge
for the sale of the collateral in such manner and upon such terms as
the parties may desire. but notice must be given to pledgor ten days
prior to sale.
Contracts. Statute of Frauds. In order to bind a.n administrator personally, or any one for the debt or default of another. or 1
one upon an agreement made in consideration or marriage; or upon
contracts for the sale oflands. tenements.or hereditaments or any uncertain interest therein or for any lea.se thereof for a period longer than
one year; or upon an agreement not to be performed within one year,
there must be an agreement, note, or memorandum thereof in writing 1
signed by the party to be charged, or some one lawfully authorized
by him. Contracts for the sale of personal property must be in writing
or the property must be delivered or earnest money paid. Newspapers and periodicals must either be subscribed for or ordered in
writing.
Conveyances. (See Acknowledgments.) All conveyances of real
estate, or any interest therein for a term of years of more than two
years, must be by deed in writing, signed, sealed and delivered in the
presence of at least two sub cribing witnesses; and in order to be
effectual against subsequent grantees or incumbrauce , must be
recorded. The wife's separate estate can be conveyed only by the
joint deed of herself and husband, and confirmed by her acknowledgment, taken separate and apart from her husband. Words of limitation unneceassy. Husband may com·ey direct to wife.
Corporations may be organiied for any lawful business under a
general law. Stockholder liable only for amount unpaid upon subscription. Charter fee of 2 for every 1,000 of capital stock, payable ,
to the State, but no fee i · le· than 5 and none over 250. (See
Service of Process.)
Costs. Non-resident plaintiff required to give $100 bond to secure
costs. The defendant may have suit dismissed if bond is not given.
Courts. Circuit courts hold two terms a year in each county,
except in twelfth where four terms are held and in first, ninth, eleventh
and fourteenth circuits where they hold three terms a year, and have t
original jurisdiction in all equity cases, also in all cases at Jaw not
cognizable by inferior courts. County courts have jurisdiction of
amounts not exceeding 500. County judge~. at all times open for
probate busines.s, have full probate powers, have also civil jurisdiction
to extent of 100. Jm;tice's jurisdiction, 100.
Creditors' Bills may be broui;ht before claim is reduced to judgment, but suit at law must be first brought and judgment must be
obtained before decree can be rendered.
Days of Grace are abolished.
Depositions may be taken upon commission when witness re ides
out of the county, or i bound for sea, or is about to go out of the
State to remain until after the trial of the cause. or is very aged or
infirm; or when oath is made that a material part of the ca: e or defense
depenclc; upon the testimony of such witness. The time for the suing
out of the commission, the names of the witnesse , and the name of
one commissioner mu. t be given to opposite ·ide a rea onahle time
before commi . ion i · issued. Printed imtructions for the guidance of
commissioners usually accompany commL ·ion. Fees of not le · than
5 a witness are to be taxed as co ·ts by the clerk and paid by lo "ing
party.
Descent and Distribution of Property. Property descends: 1.
To the children and husband in equal share·. 2. If there be no
children then all to the hu ·band or wife. 3. If there be no children.
husband or wife, then to the father and mother in equal shares, or to
survivor. 4. If no father or mother than to the brothers and sisters
and their descendants. -'>. If there he no brother or ister nor their
descendants, then the e ·tate shall bo divided into moieti s. one of
which shall go to the paternal and one to the maternal branche · in
the following course: 1. To grandfather. 2. To grandmother, uncl ·
and aunts. 3. To great-grandfathers. 4. To ~eat~grandmother,
brothers and sisters of great-!.\'randfathers. etc., pas.ing flr.·t to nearest lineal male and then to lineal female ance tors and th Ir descentlant ·. The estate of an infant decedent, if without i.· ue, leaviu11; no
husband or wife. shall des ·end: t. To father of infant. 2. l\l0ther of
infant. 3. Brothers and ·i ·ters of infant. 4. In cru·e no father, mother,
brothers or sisters or their de cendants surviving, then It, de.--cend
according to the general rul · of de cent prescribed by statute. Halfbloods inherit only one-half. Adopted children are treated
children
of blood. Ba ·tards inherit and t ansmit through moth ,r·
ide, as
if legitimate. Aliens have same right as citizens. Th re are no
entailed estates nor right of survivorship.
Dower. Decea..-sed may not by will cut off his l\idow' ri..,ht to
dower. If dissatisflerl with t rm. of will, . e may <li cut , ithin
one year after probate of\\ ill and :he , ·ill then be entltl d to ono-third
of the real estate for life, and, if there are two or more d1lldrcn, to
one-third of the personalty in f"o simple: if there ar, no ·hilrlren, or
only one, ho ,,ill be entitled to orH•-half the personalty.
h may
within one year ele ·t t-0 take a child's part in lieu of do,. r. If the
husband die intestate, "ithout children, tho l\ife takes the whole
estate, or dower, at lwr election.
1·:vidcnee. 'iYitn ~e · not disQnalifletl oy re.-u on of intcre t. fn
ehil casos, hu band and ife may testify for or airainst e· ch otberTn uit,- by or again! t lunati · · or por,.;onal repre entativ , hei -at.
law, next. of l<in.
·i •nee, legatee, dovi. e , or urvfvor of a person
dccon.set!. _no evidence of a traru a tion or ·ommunkation bet •e n
su<'h lunat w 9r cle<•ca., eel per ·on aud tho oppo ing party or tho under
whom he cla11ns, can be given by the opposing party, unl
ud1 e, idence Is tlr.st otrereli in l>ohnlf of uch lunatic rc:pr outa.th
tegnte ,..
3~~~~en~~ii tr;~ 1}~~sg~ib~ry~x~~:~rV. li!.~c~'ri~!~:!~bl?~g.p~~~tl~!:1af
sale of liquors, on ground that it may tend to convict him of crimebut no such person shall thereafter be prosecuted or subjected to any
penalty on account of anything concerning which he may so testify
or produce evidence.
Executions. Executions can be i.'sued immediately upon the
entry of the judgment and" ithin three years thereafter, and are a lien
upon real estate from date of entry, and upon personal property from
the time the sheriff receives them. They can be renewed any time
within twent~· years from entry of judgment. Both real and personal
property are «ubject to sale under execution. Executions are roturnable when satisfied, sheriff reporting progre:· at each term. Sale day
first :\londay in each month. • -o ."tay la~;. No redemption of property sold under execution.
E. ·emptions to every head of a family re i ng in the State homestead of 160 acres of land, and impro, emen , if in 1.he country; onehalf acre of ground, if in an incorporated city or town. together with
1,000 worth of per ·onal property. The exemptions in a city or town
shall not extend to more impro,·emen or buildings than the residence
and busines · house of the owner. 1 • o property is exempt from sale
for taxe. or a ·ses,,ments. or for obligations contracted for its purchase,
or tho erection or repair of improvements thereon, or for house, field,
or other labor performed thereon. Th wages of every laborer who
is the head of a family residing in the SLate, are exempt from garnishment.
Foreign Corporations. Commercial corporation-; can do business
in thi State "ithout restriction upon complying with requirements
as to foreign corporation, pro, ided it." name is not the same or so
nearly similar to any domestic corporation as to cause confusion,
(See Service of Proce .)
Foreign Judgments. Judgments obtained in the several courts
of the State, may be recorded in any county and have same force and
effect as if originally obtained therein. Judgments obtained in other
tates or countries, merely evidence, and have to be sued upon to be
made effective ru judgments.
Fraud. ("ee Limitation of Actions.) Obtaining money or property under fa! ·e pretense or by falsely persona.ting another, are punish•
able criminally.
0
ts
nd
er
be
Husband must join in all sales, transfers, and conveyances of the
wife's property, except when be has been adjudged insane for more
than a year. Wife may sue concerning her real estate without joining
her husband with her in the suit. Widow takes as dower a life estate
in one-third part of the real estate of which her husband was seized
and possessed a.t any time during her covertlll'e, and an absolute onethird of all personalty, or may at her option take as an heir equally
With the children of the husband, and if there are no children she will
inherit all the property, real and personal.
Minors. Both sexes attain their legal majority at the age of 21
Years. Minors who deposit in savings banks may control, transfer
or Withdraw the money so deposited. All other contracts made by
them are voidable, except for necessaries. Marriage removes disability of non-age of male minor.
Mortgages of real e tate must be executed and proved or acknowledged in the same manner as deeds, and they, likewise assignments
thereof, to be effectual against creditors or bona fide purchasers,
must be recorded. Are foreclosed by bill in equity in the circuit
court. Chattel mortgages must be recorded unless property is
delivered to mortgagee and remains in his possession; becomes subject
to debts of mortgagee if left in his possession more than two years
Without the mortgage being recorded.
Notaries. Both men and women over twenty-one years may be
appointed notaries public. They must renew commissions every four
Years. May administer oaths, take acknowledgments and perform
marriage ceremony. $500 bond is required to be given. Certificate
must show date of expiration of commission.
Notes and Bills of Exchange. Form and interpretation defined
by statute. No requirement that it shall be made payable at a bank
or any fixed place. 5 per cent damages are allowed on foreign commercial paper protested in this State. Negotiable instruments falling
~ue upon a holiday (see Holidays) are payable on the next succeeding
uUSiness day. Instruments falling due on Saturday are to be presinsented for payment on the next succeeding business day, except that
truments payable on demand may, at the option of the holder, be
Presented for payment before noon on Saturday unless that entire
d ay is a holiday.
Partnership, Lilllited, and Spec·a1. Mone.
Powers of Attorney. Any contract or conveyance may be made
hby power of attorney. A conveyance of a married woman's real estate
by power of attorney in order to be valid the power of attorney must
e acknowledged by her separate and apart from her husband, and the
aC:knowledgment must state that she executes it freely and voluntarily,
W1thout compulsion, fear, apprehension, or constraint of or from her
h USband. The husband must join either in the deed or powers of
abttorney. Powers of attorney for the conveyance of real estate must
e recorded.
Probate Law. (See Administration of Estates.) The county
{fdge has original jurisdiction of all matters relating to the administra,..
·
on of estates of decedents.
Protest. (See Notes and Bills of Exchange.)
'.Records. Records of deed,;; and mortgages are kept in the office of
:e clerks of the several circuit courts, and the original must be recorded
the county within which the property lies. Wills are required
be recorded with the several county judges and may be probated
~ any county in which the deceased left property, if he dies out of tbe
~te. If death takes place within the State, then i.I1 the c0tmty in
"'f~h he has had residence, house, or other ~lace of abode at the _time
ie1zt8 death, and if he had none such, then m the county wherem he
t°
ffltb6
bill
to
nst
iOJl
poll
rt1
ort-
1~
R4>demption. None, excepting tax sales.
Iteplevin lies for goods or chattels wrongfully taken, except when
~aken for taxes, or under execution, or at suit of defendant when the
roperty wa originally replevied from defendant and has been
<iehve1·ed to plainUtr, or when plaintifr is not entitled to possession.
!ffidavit must be filed describing property sought to be recovered,
lld stating that it was 'not taken for any tax, fine levied by virtue of
thny law of the State nor seized under execution or attac~ent against
8 goods and chattels of the plaintifl': liable to E:xec~t1on and bond
in ~o_uble the value of the property with two uretrn~ ~ff~n before the
~it 1s issued. Defendant may release the property "\\,thin three days
Y forthcoming bond.
~eal. A scrawl or scroll, printed or written, affixed as a seal to any
'Written instrument is effectual.
ltii'ervice of Proc~ss. Out of circuit co~rt. made by the sheriff or
deputy. Out of county judge's or justice of peace courts, may be
11?-ade by sheriff or cons able. Service in civil acti~ns may be maqe
: 1tJ:tor Upon the person of the defendant, or by leanng:> a copy at. his
esidence with some person over flft.een years of age. I rocess agamst
d?mestic or foreign corporation may be served ~pon any officer or
Usiness agent of said corporation residing in Florida. If defendaa:it
corporation is doing or has done business in the 'tate, and the sheriff
~ak_es return that he cannot serve the process because of tJ:ie corpora010u 8 failurn to elect officers or appoint, agent , the court will make an
t rder requiring defendant to appear and defend upon a rule day after
our Weeks' publication of the order.
el Suits. Actions at law are commenced ~Y ~ g a precipe with the
g erk_. Personal service is required except m smts by attachment.and
t arn1sJune11t. Writs are returnable on the next rule day, prov1~ed
d.ays intervene; if not, then on the rule day~ the next succeedjng
~n
l) Onth. If no appearance of defendant, default 1s ent~red forthwith.
n efau!t may be entered for want of plea or other pleading on rule day,
elCt after appearance day.
b 'l'axes. Taxes are not due and payable until the ~ t day of Novemand if not paid by first day of the following April property may be
s
1f d. Owner has two years within which LO redeem. Taxes are a
a~n from the first day of the year of the asse~ment. a1:1d. have the force
d effect of a judgment upon which execut10n may i.ssue.
'testimony. (See Depositions.)
in Transfer of Stock. Stoclc is transferable in th~ manner prescribed
the by-laws. No stock can be transf~rred until. aft_er _all pre,ious
thereon have been fully paid. The transfeiee succeeds
~ess1nents
0
au the rights and liabiliUes of the prior holder.
anWarehouse Receipt . Uniform Warehouse Receip Act adopted,
d effective after July 31st, 1917.
lll Wms. Any person over twenty-one years old anj of sound mind
lllay make a will. This includes married W(!IDe~- " ills of real esta~e
e Ust be signed by testator or some perso_n m his p_resence and by !'11s
1i}Press ditection, and must have two WJtnesses "ho must _subs(ir!be
~tfg
a 0 j0 s~ator's presence. Wills of personal prop_erty must be
Y lS
signed ny the testator or some one in lns presence, an
e
1mc~paLive wills a.re good a.s.t? personal pr~?erty.
Jtl>re s direccion.
the
like
atte:St;d
codic1;
or
will
subsequent
by
be
may
ei"!)cation
0br g1na1, or by burning, cancelling, tearing or obhteratm the same
9
o Y th e testator or by his direction and consent, or br tne ~t an!1
leration of law Wills must bo probated before admittance m evi80nce. Foreign ·will when duly probated ~ccordiug to laws of ~he
aiat~. Where made a'.'rid duly recorded in ~his tate, are as effect~ve
to fills executed in this State. Foreign wills are construed according
aw of State where they are executed.
t
er
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
i
SYNOPSIS OF
THE LAWS OF GEORGIA
RELATING TO
BANKING AND COMMERCIAL USAGES
Revised by RANDOLPH & PARKER, Attorneys at Law,
Atlanta. (See Oard in Attorneys' List.)
Acknowledgments. (See Deeds.)
Actions. All distinction between suits at law and in equity is
abolished. Equitable relief can be had in superior courts of law.
Adlllinistration of Estates. Letters of administration issue in
the line of preference, first to the husband or wife, second to the next
of kin, relations by consanguinity are preferred to those by affinity.
If there are several of the next of kin in the same degree, preference
is given to that one selected in writing by those most interested in
the estate. If no preference is expressed the ordinary exercises
his discretion. If no application is made by next of kin a creditor
may be appointed, and if no application is made the ordinary will
vest the administration in a county administrator, an officer authorized
by statute for that purpose. Administrators must give bond in double
the value of the estate. Out of the estate of each deceased person
the first charge, after fUneral expense , is a year's support for the
family, to be laid off by commissioners according to the condition
and standing of the family. Foreign administrators may act in this
State on giving bond to the ordinary where they qualify. The bondsmen must be residents of this State. A citizen of any other State may
act as executor of the will of a deceased citizen of this State when he
has the same interest and will give the same bond as in the case of
foreign administrators. Administrators of other States may sue in
this State by filing in the office of the clerk of the court, to which suit
is brought, a properly authenticated copy of their letters of administration.
Affidavits. Pleas and defenses in the courts of this State which
are required to be under oath, may be made before any official of
the State or county where the oath is made, who is authorized by
the laws of such State or county to administer oaths. Prima Facie
the official attestation of the officer is evidence that he was authorized to act. Any non-resident seeking equitable relief, when called
on to verify proceedings, should be sworn before a commissioner of
this State, or a judge of a court of record where the oath is made,
with the attestation of the clerk of such court that the signature of
the judge is genuine, and that the court over which he presides is a
court of record.
Aliens. The subjects of governments at peace with the United
States and this State are entitled to the rights of citizens of other
States, resident here, in so far as they accord to them the privilege
of purchasing, holding. and conveying real estate.
Appeals. (See Courts.)
Arbitration. Under the law of Georgia disputes a.nd controversies
relating to rights, or property, may be submitted to arbitration.
Arrest. The constitution of Georgia declares that there shall be
no imprisonment for debt. But in an action to recover personal
property wrongfully taken or withheld, the defendant will be arrested
by the officer to whom process is directed, and will be committed to
jail unless he shall give bond and good security, or deliver up the
property, or show to the satisfaction of the court that it is without
his power to produce it.
Assignments. Assignments for the benefit of creditors are permitted.
Attachments. A summary process of attachment will lie in
the following cases: 1. '\Vhere the debtor resides out of the State.
2. Where he i actually removing, or about to remove, without the
limits of the county. 3. When he absconds. 4. When he resists
a legal arrest. 5. Where be is attempting to remove his property
beyond the limits of this State. O. Where he has disposed of, or
threatens to conceal, his property, liable for the payment of his debts,
or shall make a fradulent lien thereon to avoid paying his debts.
Attachment will lie to recover the purchase money of an article sold
when the debtor is still in the po ession of the property. Attachments may issue upon affidavit by tbe plaintiff, his agent or attorney,
who must swear that one of the state of facts exists which authorize
an attachment, and also as to the amount of the claim. Bond and
security, in double tbe amount sworn to, must accompany the affidavit
and the officers require personal security. Non-resident corporations
are liable to attachments, and one non-resident may attach the
property . of another non-resident in this State, except for wages
earned without the State.
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
Hank . Any number or p r::on ·. not 1 · ~ than three, may form
a corpol'ation for the pu,•po e of carr.} ing on the bu. in,),·-; or banking.
• uch corporations. \\hen organized have power to have continual
uccession for thirty :i,·ears. ith ri~ht of rone" al; to. uc and be ued:
to ba, c and u.-,e a common seal; to appoint u!lker>- and ag-ent. ; to make
b:i,-Iaws; to hold, pnrcha ·e. dispo:e of. and Cflll\'OY suell real and
por.onal [H'OJH:rty as may he nee ·ary for its use and bnsine.· ; tu
di count bills, notes, or other e\'idenee: of debt; to re('eivc and pay
out deposit·. with or without intere. t; to receiYe special deposits: to
deal in l'orci"n exehanl,!:c; to lend money upon ppr ·onal O"Urity, or
pledges of IJomL-;, stocks. negot al>le .c<•urit.r: tu take and rec ive
. ccurilie. by mortgage or oihen\ be on pro pert~· real or per ·onal.
The business of the corporation shall be under the management and
control of tL board of directors, to ,·onsist of not loss than t hrce or more
tban fifteen or the mcrnbe;·.s of the curporation. who must be o\\ ners
~ ro bani, shall be chartered ,, ithHll(f holders of one or more shares.
2.,,000. of ,, hich
{>Ut a capital subscript.ion in good faith of at least
not les:s than 20 1mr eent, and in no ·ase le.·s than 1,;,000 nrnst be
paid in before filing the tlcr'laratio11 ,, ith the secretary of State. The
corporation shall be ·esponsible t-o it creditors to the c ·tent of its
capital , nd its assets, and each. tockholder shall be individually liable
for all debts of tbe corporation to the extent of hi.· unpaid shares of
tock, and shall be further and additionnlb liable, equal!~·. and rat ably
rand not one for another as sureties;) to depositors of said eorporation,
for all moneys deposited therein in an mount equal to the face Yalue
of their re. pe<·ti\'e shares. All corporations doing a banking busim' ·s
In this state shall make to tho :--tate banl, examiner, under oath,
. tatements showing the resourC'es of the bank or corporation, at the
dose of busines.-; on any clay ,-,pcnifle<l by the bank examiner. • -o
bauk shall loan to it,s officers any mon · without good collateral, or
other ample secut'ity, and when sud1 loan exceeds 10 per cent of the
capital stock it shall not he made until approved in writing- by a
~o hank or corporation doing
majority of the board c,f directors.
banking business shall reduee its cash in hand, including amount clue
by banh, and bankel's, and the , alue of all stocks and bonds actually
owned an<I held, below 2.; per eent of demand deposits. 1 ~o bank
or eorporalion doing a hanking l)usines.· .·hall loan to an)· one per on,
unless sueh loan i · amply sc<"ured by good collateral .·ocurity, more
than 10 per cent of its capital stock aml surplus. BanJ,s may char){C
ame rate of interest as indivillual: and the rule:, of hank: dis ·ount,
that is to say, taking inter . tin a.chance within the lawful rat s, have
been held not, u.·urious. ~ ·o d1victeml . hall lie dACJarecl by any bank
except frnm the net profits. nor shall the capital stoc-k he appli' rl to
the purrJ111se or its own shares. If tho a.·sets of a !Jank are insun1cient.
to pay its liabilities, a receinir wholl appointed, shall hring .·nit a"ainst
the stockholders in his own name for t.lloir nnpaicl snhscriptions. In
the absence of a contract. e pro ·ct! or implied, to the contrarv. tho
hank taking paper for coll •ction is liable for the defaults of its al!:OlltS
and correspondents to whom the napcr has !,Pen entrusted for c.:ollc<·tion. If any insolvent- bani~ or l>,rnker, with notkc of uch insolveney,
hall re,·eive money or g-eneral deposits, and fail to pay the d po:it.or
within three clays after demand, such banker or o!fltcr in <'liar ·c of the
bank recci ving the depo. it shall be punished as pres,·rll o<l i11 the
penal cod<'. The Slate ha· a pecial lien for all pu! lir money ctepositccl. State banks are a.uthoriz.od to becomo mcm!Jt'rs of the
I•'c<leral Heserve Bank.
Uills of Litdini;:- and Pron1i. ,rnry • 'ote . .\ bona fide as. ig1100
of a bill of lading of goods "ill bo protectcri in his title a~ainst the
seller's right of stoppage in transit. It will not be neec. ·ary to pmtest
prnmbory notes in order to IJiucl the endorser e c pt in tho f01lowin"
case: 1. \\·here the paper i. mado pa.·al>le on its face at a hank or
hanker's olfice. 2. ,, here it is discounted at a bani· or hanker's
uflice. 3. \ ·here it is left at a bank or banker's ofliC'c for coll ction.
Acconunodat,ion enclor.·er,;, ur tie:,; an<l endorsers may be '-UCd in
the amc county and in the ·ame action wiLh tho maker. drawer or
acceptor. Bill<, of excl1ange mu t bu a Teptecl in ,,riting to hind
comruct to pay attorney', fees cannot be enfor ·od
tho acceptor.
unless the debtor when ser,·ed ten d y b fore ult i 01 d ith a
vritlen notic-o of intention to ue with amount and term of court to
vhich suit ,\ill be brought, shall fail to pay such clel>t: bcfor r turn
<!av. .\ wai\·er of homestead in a vromi,sory note i a bar to uch a
claim a a"ain. t the coll~ction of. uch note. Promi ory not · .md
contracts coutainiuq reser\'ation of title to per. onal prop rt.· um t
Ile executed lleforc a notary pul.>lic. ju tice or 1he pea ·e. or clerk of a
court ot record. aud must h rel'ord d as mortgage, to hold uch
prup ·rty as against third partie. or innocent purchasers.
Chel'k . (Sec ~ ·ote . etc.)
Colla teraJs. The holder of n note as 1·01laloral sccurit~ for a del>t
stands upon the same footing m: tlw pnrcha,er. l'rop rty left in
pied •e or pawn may b sold at public sale to the hi;;h t bidclrr. upon
thirty clays' notiee.
or11onttion ·. I ow r to LTCatc <.·orporations in this ta.to i \ e ted
iu the general as! em ly aud the :•1perior court . ,'aid courts may
grnnt charters to all corporations except l)a_nl~lng. ill! l~r rw . eat;al,
navi::rntion, cx1 r«'. . and tP!e;1;raph ,·ornpame. and ra1lr<;ad . 1 he
Secretary of tate may grant charter. for the corp9rat10n abc)\e
enumerated in manner pre crib d by hrn in th .. artJ!'Ular cru . A
d1ar1,er for a pri\ ate corporation is o lained by ~ JJ it ion to th
superior C'otu·t, settin"' fort~1 the o!>j c, part\ ·ul~tr bu. me·.' c~rporat1on
name, C"apitat. place of l>usmc . : tune fm: winch rneorporat 1 • n 1s de ired,
note eeecliug-twentvvear·. 1hep til1011andord rgrantmgth amc
constitute the chn1.'ter. In such corp ration. tlte liahilitles of the
stocl holder is measured by th an ouut o!' uupaicl . ock ub c·ripuon
<lne by hi 1. In tho l'harter of many IJanks 110 • or"aniz d t.h rul
of per ·om,! liabilitv Yade.. In. >me t auk. sto" hold rs are liable a
partners: In othe1~· liability c i t under rhe ~Pneral rule, , I;,;., to. ~he
t ·tent of t,\ic'e the amount of toc-k held, and in ome bank· Uah11tty
cxi ts ol!IY to the e t nt of tock ancl unpaid sub c-ription.: thereon.
The payment of 10 per ce.ut of the capit I ·t cl 1. ue ·e. a1 Y heroic
commeucin" bu:,lne . <, nc,ral pen r of corpornt10n are conferr ·d
II ccn·poration organized
tale.
011 all eor[)<~·ation,., organized in thi
uncle1· the la\\s of the , tate or doin l.Jusine th r iu ar r 1ulre<i to
re •i. tor ,, ith th , e -rotary of tatt' rnl pay a ;;t·a.decl I.ken f •, "ilh
\ oluntary <11 ·olution of a
~(i().
11), ma inmm
a minimum or
corporation may be •ranted h1· the ~upcrior 0om·t u11on petition fll <I
bl the< orporation if authorlz d. fly two-thlrd;'- of c p1tal to.]{ •. Lo ·t
·to<'k certitieatc must be c. tal>hsheri by p • 1Uon to , upcr1or <. ourt.
Co!.ts. A clt-iposit or JO b requirPd in courts of re·ord fmm
non-r ident plaintiff. before the 111in~ or. uit>< and a. d •1>0 It of t.i in
all divorce ea cs.
Court·. The term. juri die ion. ct· .. of the :o, r I court of the
·tat are as follows .I l'. TI<'!~ ( O l{T:-- hold monthly e ion-; and
have c-i\•il juri:<liction up tn 100. In ·riminal _m, tt r they arc
oe1"r. 01, OHDL. \HY hold their
only <·ommittin" cour .
e. sion · rnonthly-, and ha\ e j 1ri-.dktio11 o\ er will, administration of
estate.,. and nf th<' conduct or admlnbtrator,, executor and guar~!an_.
I llo11·
ion .
CO ~ -TY <•o HT~ ha, c monthly and quarter!~ ..,
'ITY
juri:dirtion is limited to cont1·0" rsie · not e:c ectinc:: 300.
CO HTS hold four se sions per annum, bnt the city court of t1~ nta
has i. term-.;, The juri die- ion of clty courts is unlimit d e_·c pt_ in
ma.Lt ors or dh 01·ec, Lit!~ to lnrnl and ad mini,; ratiou of equitable rehef.
th
'rhc municival court of \tlanta, recent!~· estahli. hPtl, rcpla
oOO. lt hold two t rm
ourL-<. Jt~ juri. di ·tional limit i
Ju tic<>
PEHi OR ( Ol HT,' have juri di ·tion of all uit
each month.
and b, ve ex ·lu i\ e juri dict10n in equity powers,
and contrm ersi
to land. , nd on the criminal
clivoree cases, and . uits im olvin~ titl
,,ide exclu~lve jurbdictiou of all case mvol\lng life or imprisonnwnL
in the penlt~ntiary.
D<"<"ds. DP cl t-0 re.al €:tale in Georgia mu t be in ,uilmg and
;,;hould t,e e ·ecuted in the presence of two witne. e , one of ,,horn shall
be an oflicer authorized for that purpo ·e. They hould be recordc>cl
in the oflice of the clerk of the uperior court of the. l'Otmty \\ here thi;:
lane! lies, all(! all deeds, mortgage · and other Ii n. . hould he recorded
immcclia.tcly to be available against tWrd partie. and innocent 1ntrchasers. 'Io authorize tJte record of a deed to realty, it must be attested by or ach10wledg-ed before, if e.·ecuted out of this State, a
cnn11uissioncr of deeds for the State of Georzia, notary public. clerk
of a c-ourt of record, or a consul, or vice-con.·ul of the Gnited tate~
tthe certificates of the·c officers 1mder their seal: being evidence of
the fact). When the cle rt is execut~rl out of thi..; ."tate before a
notary public, tho attestation should be under · · hand and official
seal. In <"ase of arkno,, ledgmcnt it i better, as a 1 tcr of prc<'antion,
alw, :i·.· to have two witne: ·e., besides tho om ·er who take,.; the arknowledgment. If e ·ecuted in tWs :state, it mu be attested bJ a judn-e of
a court of record of this 'tate, or a just i<: of the peace. or notary
public, or clerk of the un rior court. in the county in which tho three
last mentioned office · re: pecth-cly hold their appoi.ntment, or if sub equent to it· cxe ·ution the deed is acknowlcd:recl in the presence of
either of the named ofliccr. ·. that fact. c rtifiecl on tho deed by uch
officer, shall entitle it to be recorded. \ ~t t of 1, 93.) Deed w .·ec1irc
loans arc in more common use than mortg-agcs bccam;e they have
been held to pa · the a solute title and proteet a~ainst- year's support
and dower, th eq11it:1r of redemption remaining in the maker, cm1 not
be Io, iecl upon unt ii the debt secured hy tho <le 'd has been paid
olf. Under the la\" of <ieorAia tho c deed· can not b foreclosed a
mortgag s, the uotes tJ1ey arc given to . e.cure mw t be ued to judgmeut, tho land must be re-conveyed to the grantor, and then lcded
on, but Lhe lien of the juct;;ment relat · ba,·k to tlw elate of the ('011veyanc•e. Tn the ' deral c,lurt. hO\\CYer, for clo ur can be made
in equity as in the cas, of rJrdinary mortgages. lT ury 'I\ ill, lwwcvcr,
,·oid such a con,· yanec, only as to the intcre ·t paid on ·uch cleht.
Depo..:ition ·. 'l'estimony i t:i.kcu in this tatc hy \\Titton interrogatories where the witne. s i · a female, or "ht•re the witnc s does
not re.,icle in the c·otmty wh re the ,.,'I.lit I· pending, or by reason of disability is unable to attend court. In all countie,. ~ ithin tlii 'tate.
<!epositions rm v he taken upon five clays' notiC<! to tho oiher party of
the time and plac-e at vh!ch th l'itne · i LO be ex:unin <I. Thi lattot·
pro<·e s 1·annot he u ·ed for t, I.in!: t<>stirnony out ·icle of the Stat .
Depositions rna;v he talrnn \\'ithin or "itl,ont the st ate, w itlwut c-om·
mission, l,cfot·l' a notary puhlil' or ny ofllcet· authorized to i,.,.,11e
attaehmcnts. If within the state or if taken without the t:ite, before
any oJlicer of tlic tate or county where taken. authm·izcd liy la, ,., of
neorc::ia to atte,t deeds or take ackuo, ·Iedgment . upon 10 clar'
to interrogatoriC.",
noti<'c t{> oppo. ite party. In taldng aU.,.,'I\C
\\ hich must ho authorlz d by a commi. · ·ion i ·ued fot· . uch purpose
by the c urt h re, t" o commi,.. i<•ners mu t ac . Commi ioner: must
be disintere,.,t 'd and not related to either party, or connoc-t d 'l\~th
the c-a ·e: attorney of tbo partic,; are incompetent. • · one of the parties
n be pro ·en w11en t1,1e
to the c:a:·c. nor th ir agent · or attorney ,
::an onll" \\Tite hi<; an "er 1n
commission i. executed. '1 he witne
the pre ·enc-c of the comm i,- ioner. . It b tt,ual, a ncl t .he better pra ·ticc,
the answ r,, of the \\ itnc " as
for oue of the comm!: ion . to wri
they arn gi en. Depo:-.iL.ion: may be ,1 rittcn ,1 ith the t) p ,writer,
and commis,ioners may djonrn their ittin"~ frnm day to dar. '!'ht>
following im;tructious for takin' te,timony ar" import' nt· 111 trt~ctions f'nr taking an,rn ers to interrogatoric : 1. In ert the conun•~sioner.:' name in the c.:omnm ·ion; any two resp rtablc citizens "111
do. 2. , tate the ea ·ea l ou flnd it. Then come the <"apt ion. thu,;•
I J re insert the ount) and , cate
.....
..
, 'tate of.
.... wbero the commi ,ion i. executed.
County of. . . . . . . . . . .
or
or
a
de
u
(JI'
an
BP.NKING AND COMMERCIAL LAWS·--IDABO
of hou"<ehold an<l 1.-itchen furnitiu·e, an<l pro,Lion.;;. Tbe homestead
or exempt.ion may be 1,old hy the debtor and his ife if an· with the
·auction o_r the judge of q1e superior court of the county· \~hcrfl the
debtor reside:;, or the land 1s situated. The proceeds to l,e re-iuvestod
upon the ~ame_ uses. A general "aiver in writi1lg, of the homestead,
or e.·em1Jt1on, 1s good.
Poreii.n Coq,oration-.. All corporation... , except tho,..e chartered
and organized under the laws of this 'tate, are held to he forei{Tn
r·orporations: Such corporations are recognized by comity only;
lh~y are subJect to attachment, but ha Ye all the rights of replev:v and
del~nse. They cannot exercise any corporate powers 01· privilc·•es
wluch by the con:stitution ci-lld laws of Ge.-irgia are denied to dome;j;ic
corporations or the exerc-ise of which would be contrary to the public
policy o~ this State .. There is othenvise no restriction upon foreign
corporat10ns except m the case of insurance companies and buildin"'
and loan associations, whlch arc required to make deposits. .All co1!:
pomLions are subject to li{"ense fee. for doing business ancl all are liable
for taxes on property owned or held in the State' /See Cor]Jorat.ions.)
l?raud. <:ontracts, awards, marriages, judgments, sales, and wills
~re void when they are brought about, and procured hy fraud. Promissory notes when procured by fraud are void in the hand· of the holder,
who .'o procures them. The statute of frauds. a· of force in Georgia,
1•eq~1res the ~allowing obli!{atio(lS t:o be in \\Titi1w, signed by the party,
or ht:'> ~uthol'!zed age1;1t, to be brndrng: 1. A promise by an executor,
admm1st,rator, guardian, 01· trustee, to answer in damae:cs out of hls
own_ estate. 2. A promise to answer for the debt, default, or miscarl'!~ge of another. 3. An agreement made upon consideration of
marnage, except marriage articles as otherwise provided. .J. Any
~ontract for the sale of lands, or any interest in or· concerning them.
a. .\ny agret::ment that is not to be performed in a year. G.
pronuse to revive a debt barred b:r statute of limitations or bankruptcy.
?• -~:r contract ~or the sale of goods, ware , allCI merchandise,
111 existence or not m es. e, to the amount of 50 or more, e~rept the
lmy~r shall accept, part of tho ~oods sold and actually receive the same
~r give something in earnest to bind the bargain or in part payment.
• An acceptance of a bill of exchange.
. Garnishme-nts. 'I'his proce.~s may be inYolred in auy ca:\Ic. Gar~1s~unent may be dis. olYecl by giYing bond and a thil'd µany may
c~a1_1n a fund held up under garnishment 'l.nd may release the fund by
1v1nq bond. Any person may claim exemption from garnishment as
ollwag:es to the extent of Sl.25 per day and one-half of the remainder.
. ohdays. January 1st (.1:'ew Year's Day), anuar)' 19th (Lee's
131rtbda~), February 22nd (Washington's Birthday), April 23th
'.fleruorial Day), June 3rd (Jefferson DaYis' Birthday), Jul~· 4th
l) nclepenctence Day), ll'irst Monday in
eptember (La l>or Day),
ecember 25lh (Christmas Day), Thanksgh·iug Da~·.
Interest. Tbe legal rate of interest in Georgia is 7 ]Jer cent, buts
cent is legal when contracted for in writing. Partie.· rharging
sury forfeit the excess if usury is set up. Usw·y ha;; no present
Penalt,y in Georgia, except forfeiture of all interest paid upon the debt.
~ Judgments create liens from their rendition upon Lhe real or pere~n:11 Property of the defendant: all judgments at the same term rank
a U~lly, and property sold by a debtor after judgment is obtained
e~amst him is only discharged from the lion of such judgment, if .·ea!
'· ate, after foul' years' possession by the vendee, and in cases of per8
·8011al property, after two years'. Judgments. whether in the United
tJat(,:' crmrt, or in any, 'tate court. obtained in any other county than
th at
hich the defendant resides haYe no lien on the property of
re~ dufendant in any other county, unless the execution tliereon is
f'x r ~d in the county of the defendant's residence. l:uless such
is recorded as so required within tl1irty days. it:s lien \\ill
011rudt10n
~
ate from the time of record. (See Actiom·.
• •1Ut-isdtetion. (See Tit.le Comts.)
ti•1aicense. No license is required of commercial t.rayekrs. Itinerant
ers must pay license foes.
eb~l_ens. Under the Jaws of Georgia mechanics, material-men, maemployes of steamboats, rnilhni!?bts, builders of gold mine
r>n mes, stone-cutters, and marble works laborer. !Jaye special liens
0 Perty improved or worked on.
Landlords haYe a general lien
for ~ 1 tak~s e.trect, from the lev~r of di~tre ·s and a special li~n on ri:ops
kee 1 ent o( land on whi<'h they al'e raised. Common law hens of mnllizJ>frs, ractors, pawnees. <'arriers, attor•1eys and others are recogDe ;~ · _\ endor's lien on lancl has been aboli hed. Attorneys _hav~ a
bro~iahl hen on papers in their hands ancl on property recovered 111 smt ·
Lig t by them or succes:-;fully defended by them.
on hnlt'.'tions. 8uits on open account· are barrt'd after four years,
,·eaprom1ssory notes and bills after six year.·. on in. truments under
~ev after twenty years, on suits for personal injur.r after two year,.
tween Years' adverse poi:;se ·:::ton of real estate m1der color oft itle, and
eJa{1nty Years' adver:-;e possession without color of title, will bar the
Year11 \ 0 f tJ.11 person-; not laboring under disabi1it,,. Iurants ha ,·e l-!eyen
l\ ~ _o_ assert their rights, after becoming: twent~-one year· ot ag_e.
he/•Hr,ea \\'~n;cn. The wire may c·c,utract and ·!.le and be uecl m
that 0 "n name 111 respect to ber separate estate ns a femn "-.o!e, e -c-ept
an(t' ~he can not llind her separalP estate by sut'f-ll ~·ship for any one,
~en t ai)Y lll"omise t,o pay her husband's debt ts ,oid. '<ho cannot
Urie'.'. ier hu-;bancl or tru'teP for an~• purpose, e.·cept by order or the
Pers/ JrJr court. A wife or her heirs rnav sue and recover from any
the· /:.1 11;oney or propert.i,· used by her lnisbaud to pay his debt \\ here
tltne· eua,ir takes with notice, All the property of the wife at the
ehase°fn1arriag-e, and all she may a1·quire l>y gift, inherit~nce, or purtlebt · (1:all Yest in and belong to her. and sllall not be liable for the
if au'./ <!la ult, or contrael, of lwr hushand. The \\i~ "it.h her children.
clece: • is eutitlcd to t"clve months' support out o1 the estat • of her
the ;'.'ed husband. Tbc hushand is bound to ·uµr,or1 and maintain
llece .~:e,. and his consent is µresumed to hel' ageucy in tlrn purd1a:--e of
lt•aci~"irws, 'I'he wife's separate propertJ b not liable for d1'11ts <·on
SeJf a ( h:,,: l_1er as agent. of her husband in ih_e ordinary snppor~ of hcrllot a?(1 clnldreu, hut bv spcrial contrac1, 1n her 01\ll capar•1ty, and
that ~ age~t, fur her hl;lshand. she cottlq bind b~r .·epa_rate _c~tat?, ~or
!\t 1 ltrt)Ose. A marned woman can dispose ot her p1 opc1 t.i, hJ will.
f
u~r
JU ,,
I
-onh_. Uouds, spe~iallic::- contra t., bills of Jading, and warehouse
receipts, are negotiable by endorsement or written assignment in the
same manner as bills of exchange and prmnissory not,es. Endorsements may be limited by express t'est ·ictions. Acceptances of bills
must be in writi11g, Transferers or negotiable instruments warrant
~at they~~ the la:'·fcll holders, have the right to sell, and tl.:.at the
ms_Lrun1en., 1s genuine. Bona fide purchasers of negotiable paper
aku~g the same f~r value before due, and wit,hout notice, are protected
agll:rnst any d~tonse, exc~pt: 1. Non est fact.um. 2. Gambling,
or immoral or illegal consideration. 3. Fraud in its procurement by
1,he holder. Maturity gives notice of dishonor. No days ot' zyace
~e _allo_1Yed. Any draft, bill of exchange or check, drawn upon an
mst1tut10~ or person with wLich the drawer bas not sufficient funds
on deposit to meet same, subjects the drawer to crimiual liability
unless the deficit is made up within ao days.
Probate Law. (See .Administration of Estates, Deeds and 1\Io.t·tgages.)
Protes_ts. (S.ce Bills of Lading and Promissory Not,es.)
Uecorus. <Bee Deeds and Mortgages.)
Redempti~n. There is no redemptiou in this State under judicial
sale~ except m case of sale of property under tax execution wliere
P~ru_es mas' reqeeru in twelve months if improved land and wild land
w1thm two years.
. ~eplevy. -~Il property seized under attachment, distress, or other
smular _I)rocess, may _be reple\·ied. P.roperty seized under process
~n? 9a1med !,)Y the third _party may be deliYcred over upon bond and
secuut_y _for its forthcorumg to aILswer final judgment of decree.
F.ev1s1on. (Seo Com·ts.J
•
~·a1e_s. Sales_ may be made to pa)' debts, but any sale of stocks of
goods m _bulk: is doe1i:iect fraudulent unless the seller delivers to the
buyer a llst_oF all creditors and the amount due each. It shall then be
the. duty oi the lmror to notify the <Ted Hors of his purchase. This
not~ce_ mus!, be ma11ecl ~Ye day· before completion of tJie purchase.
'laxes. Taxes arc a hen upon all tbe property of the debtor real
or P~l'SO!lal, _and its lieu is preferred as stated in section herein relating
to distr}but10n o1 the estates. Sales of property for taxes are conducted m r.)-lo same manner as other judicial sales. One year in which
to redeem 1s allowed.
. W~s. All _persons of full age and.sound and disposing memory,
m<:ludmg married women, may make wills, and dispose of their estates.
,vms must be executed in the presence of three witnesses, all of whom
sp.all be present, must be called by the testator as witnesses, and must
sign,. and shall certify that they signed, in the presence of the testator,
and m the presence of each other. \vills must be in writincr except
llUDCU!(ative wills. Wills of citizens of other States, where executed
according to the laws of the State, and probated in solemn form in
such State, which dispose of real or personal property in Georgia may
be admitted to probate in this State, when an authenticated co1iv of
the ,\ill is presented, accompanied by a certificate of the goYerno·r of
such State, under the seal of the State, that. the official of the court
where such probate was made, had original jurisdiction of the subjectrnatteJ-. ,vrns are probated in the comt of ordinary in the counts
where the testator resides at tbe date of his death. All will.-, executed.
out of this Rtate by citizern of this 'tale to dispose of property in
Georgia musL he executed according to our law. A foreign will,
executed according to the law of Geol'gia, will constitute a munimeut
of title to real property without being probated in this State, when
recorded on t,he record of deecis in the co1mty where the laud lies,
together with an exemplification of record admitting it to probatr>
in a11otbe1· 8ta1e, certified according to the Act of C'o-ngress.
ni~gt~ts,
wbPf
elllbr~l~'tgage . ::V~ortgages are unl;v securit;, for dells. 'f!1ey may
~ right e l_}roperty m the mort"au:or's pos.·es,.;1on .. or to wh1 h he ~1as
p ,9 1 Possession. Tlwy ma)' en1·cr a stock lil bulk: but cham:ri11:g
lleee;;:ci~cs, ll.I!d after acquiring propertr- .1. 'o par~1c~ar furn! IS
rJescrnar~, but 1t must be e)cared that 1110 mstrument md1cates a hen,
0 n 1ai{'1s the propertv and spocifles the debt it se ·ure ,
2\Io:T,rage,·
~ower ~. ~re _not goocl against dower, and a wife cannot I a1n~ her
11l the ~8 a11:amst this lien.
?.lortgagt•s must, be executed and attested
fir()l>1:i·{a 111e maunor a.-; deecLs, e. cept that in mortgages on_ personal
Of sale Y, Ollly the official wit110ss is nccessarJ·. .:\Iortgagei:,' 1th prrner
~aived !lf'e valid in Georgia. Home.stead and exemption may be
>e rec / 1 U~e mortgage. .-\II mort,ga!{es on per-;01_ial pr·operty must,
llrty is0 ded m the cow1tv wbere the mortgag(,r re:--lClcs and the prnp1
Where thoca.ted.
l\Iortgaj:ms on land must, l.Je recorded in th county
N
e htnd is situated.
for r~~~~es ... Commercial notaries, male or fem~le, ar . a,PP0 (~1ted
titate r e,a,:> hy the superior courts, and for the st.tie a~ lar eh. the
eeds
lrM1an. They must ha.Ye seals and are au~hortzed to atte,,t
• Ote n~ ll10rt.gages, and make protest of comm_erc1af paper.
.
0 rl•
and IHUs of ·Fxchan~e. (See BilL of Lad1mi: ancl Pronuslla~ee Otes.) l'romissorv not,es are negotiable by endorsemei:it of
' or holder, notes payabl. to bearer are transferable by <leln ery
111 •.
aif
1,/
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
SYNOPSIS OF
THE LAWS OF IDAHO
REL.\.TL ·a TO
BANKING AND COMMERCIAL USAGES
.He\·i. eel h:r Rrc1u.nD:, & HAGA, Attorneys at Law, Boise.
in Attorney.·' List.)
(, ee Card
Acknowledg1nents. All com·eyances and other instruments
re_qu~ecl to be acknowlcd~ed in this 'tate mm·t be acknowledged, if
wnlun the State, before !l- Judge ?r cl_erk of a court of record, a count:v
recorder, a notary pubhc, or a Justice of the peace. If without th'e
8tate, but wit.bin the United St.ates, they must be ackuowled•Yed before
an~· such ?llicer, o_~· a comnlission:er of d~ed for this State,"' or before
any officer authorized by the law. of thi. , tate or Territory to take
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
tho t the United tates, they must he
such acknowledgment. If
acknowledged before a mini ter or charge d'affairs of the nlted
1
ls~!ig;;:_t ;~~r~tf:~~~~ ~ ft~fc~~~~Ki.wi!1%~~~eoic~c~:~tdgr
record, a duly appointed commi! ioner, or a notary public. The
certificate of acknowledgment, if made before a justice of the peace,
when used in any county ot.b.?r than ~bat in which he re ides, must
be accompanied by a certificate, under the band and seal of the recorder
of the county in which the justice resides, setting forth that such
~:!'f
;~/~:~~:n~f th~1tes~~~;g;:ir;!~~~~~d '~~ha~r~ir!:ii~
{~si~~~e
writing, and believes that the signature is genuine. Proof of the
execution of an instrument may be made though it has not been
acknowledged. Form of married woman's acknowledgment the
same as that of a single person. (See Conveyances.)
Actions. There is but one form of civil action in this State. As
action is commenced within the meaning of the statute when the
complaint is filed with the clerk. Every action must be prosecuted
in the name of the real party in interest.
Affidavits are used only to verify pleading , to prove service of
summons, notice, or other paper, to obtain provisional remedy.
Aliens. Code provisions as to holding property by aliens have
been repealed. (Sess. Laws. 191!;.)
Arbitration. Persons capable of contracting may submit to
arbitration any controYersy which might be the subject of a civil
action between them, except a question of title to real property in
fee or for life.
Arrests. The defendant may be arre ted in a case for the recovery
of money or damages on a cam;e of action arising upon a contract,
express or implied, when the defendant is about to depart from the
State with intent to defraud his creditors; also for money or propert)
embezzled or fraudulently mi placed by a public officer or any person
in a fiduciary capacity, or when the defendant has been guilty of
fraud in contracting the debt, or in concealing or dispo ing of personal
property, for the taking or conversion of which the action is brought;
or when the defendant has or is about to remove or dispose of bis
property with intent to defraud his creditors.
Assignments and In olvenc:v. An insoh-ent debtor may be
discharged of his debts by executing an assignment of all his property,
real and personal, which, with a sworn inYentory of property and
schedule of creditors, must be filed in the district court. At a creditors' meeting, held after thirty days' notice given, one assignee is
appointed, and claims proved. Court will be set aside property
exempt, and issue order for direct payment of money, where no
mortgage or pledge had been given, or where such security, if given.
has been rendered neugatory by act of defendant. Assignee must
furnish bond, with two sufficient sureties.
Attachments. The plaintiff' at the time of issuing the ummons,
or at any time afterwards, may have the property of the defendant
attached as security for the sati. faction of any judgment that may
be recovered, unless the defendant give security to pay uch judgment. Defendant in a civil action for recovery of money or damages,
under a contract, expre · · or implied, may be a1Tested, when about
to depart from the State with intent to defraud, or when the debt
or obligation was fraudulently contracted.
Banks and llankin~. Idaho bas a full and complete la,v upon
the formation and regulation of banks and the formation of banking
o banking corporation can have le~ than five
corporations.
directors. All banks, other than national banks, are under the supervi ·ion of the bank commissioner. The banker has a general lien,
dependent upon posse. ion, upon all propert,y in hi;; hand.s belonging
to a cuc;tomer for the balance due him from such customer in the
cow..e of the busine:· ·. (...:e . Laws 1911 amended HH3.)
Bills of Lading. Uniform act recommended by the American
Bar Association.
Blue ky Law. Ida.ho has a blue sky law governing corporation .
unincorporated a: ··ociation and partnerships, domestic or foreign,
dealing in stocks, bonds, and other ·ecurities, excepting United s·tates
bonds. State or municipal ·ecurities in Idaho, and Idaho real e ·t.ate
mortgages. This law require..; the filing of various . tatement.·,
accounts and other papers, and makes it unlawful to do blL-;ine.· in
the State without compliance. ( 'e s. Laws 1913.)
Collaterals. No statutory regulation.
Community ProJlerty. All property acquired after marria e
other than by gift, beque ·t, devi . or descent, is community property.
The personal earnings of the wife and the income from her eparate
property are her eparate property.
Contracts. A written instrument is pre umptive evidence of a
consideration.
Conveyance. . Real e. tate i · conveyed by instrument in writing,
subscrjbed by the party or his authorized agent in writing. The
community property can be coll\·eyed or in ·umbered only by husband
and wife joining in the execution. During the continuance of the
marriage the wife bas the management, control, and ab. olute power
of disposition of her separate property, and may bargain, ell, and
convey her real and per ·onal property, and may enter into any contract with reference to the same, in the same manner and to the ame
extent and with like effect as a married man may in relation to his
d personal prope1'ty. ...eparate property of wife not liable for
real
debts of her bu band, wife i · not liable as urety unle the obligation
n i1rtrument
is for her benefit or benefit of her .·eparate property.
purporting to grant real property to takA. effect upon condition precedent, does not pa:· the e tato upon the performance of the conuch instrument i · merely a.n executory contra<-1i. ( ee
ditiou.
Acknowledgmenu .)
Corporation . Private corporations may be formed by three (~)
or more per ·ons, at lea.<;t 0110 of whom must be a bona fide r ident
'tate. ._·ucb corporation Is formed by e ecuting article
of thl
of incorporation. containing: 1. The name of the corporation. 2.
The purpose for which it i formed. 3. The place here i principal busine:s L to be tra.n.,.acted. 1. The term for ·blch It f:- to
exi<;t (not e.·ceeding fifty years). 5. The number of it directors or
trustee , not exceeding fifteen, who mw t be tockhold rs of the
corporation. 6. The amow1t of the capital tock and the number ·
of shares into which it · divided. 7. The amount actually . ubscrlbed, and by whom. 'l'be article ma. provide for th election
of one-third of its directors annually. Railroad,, • on road, telegraph
and telephone corpora ions must al o tate In their articl · 1. The
kind of road, tele~pb or tel phone line intended to be constructed.
2. The estimated length of the road or lino. 3. They may provide
in their artide the number of directors which shall cow ti ute a quorum
for the tran: action of bu: In , the decision of the majority of uch
quorum to be a valid act. 4. "\ 'hether meeting. of the board hall
be held within or ithout the ~tate. ii. Whether tockholdors hall
be individually Hable for debts of corporation. Railroad cori>orations
must have subscribed, before filing articles, 1,000 per mile; wagon
road corporations, 300 per mile; telegraph corporation . I 00 per
mile, and the article. must be ,·erifled hy atlldav:i of pre ident, ·eeretary, or treasurer named in articles, that such .-;t-Ock Jue h en ubscribed. All articles of incorporation must be flied in the otllcc of the 1
county r corder, in which the principal place of busine · is located.
and a copy thereof certified by the recorder, flied l\'ith the Secretary
of tate. All corporations, exeept insurance, non-productive mining
compauies, co-operative telephone and irr gation companies, must
pay between July 1.·t and September 1st of each year, a license fee
based on the amount of authorized capital stock, varying from 10 to
150; a failure to make payment by September 1st entails a penalty
of $10, and a failure to make payment by .1. 'ovember 30th entails a
lo s of charter for domestic corporations and a lo of the right to do
bu ·iness within the State for foreign corporations. Between July 1st
and September 1st, all corporations must make an annual report, and
a failure to do so takes away such exemptions as are mentioned above.
Corporation, Foreign. Foreign corporations desiring to do business in this tate, may have all the right· and privileges of like domestic corporations, by filing with the secretary of State, and in the
office of the county recorder of the county where the principal place
of business of such corporation is to be co ucted, a copy of their
~~~~e~o~n~~cin~~h!~1°~u;hn~r~~ii:r~~~i~1 bus~~,e Pse~oger?os!~l~
upon whom proce. i ued by authority of or under any law of this
State may be served. De ignation of agent must be filed with Clerk
of District Court instead of ounty Recorder.
Courts. Ten:ru and Juri diction. The judge of the district court
of each of the judicial districts of the tate must annually fix the
time for holding the district court in the everal counti~ of his district; and he may hold such special term'> as he deem,;; proper and
necessary. District courts have original jurisdiction in all civll cases,
Probate courts are held in each county continuously, and have juriBdiction up to S500, in civil ca es and concurrent jurisdiction with
justice's courts in all criminal cases. Justices' jurisdiction, $300.
Curtesy does not exist.
Days ot Grace abolished by statute.
Depo ltlons may be ta.ken before any judge, justice of the peace,
notary public, or United tates commisdoner. or any other person
agreed upon by the parties, upon notice served upon the opposite
party, stating the court, action, time, and place, and before whoedlll
the same will be taken, or they may be taken upon commission issU
by the judge with interrogatories attached.
Devolution of Property. (See Succe ion.)
Dower does not exist. (See Curtesy and Community property).
Employer and Employe . All persons employing mechanics or
laborers in working mines, erecting or repairing buildings, constructing canal . railroads, etc., must make, record, and publish a sta:_te'
ment. uuder oath, setting forth the following: The name of .,..e
owner of the premises where work is being done or upon which It Js
intended to begin work; the name of the person or company en~~
in or who contemplates engaging in work upon 'Uch premises; .,..e
conditions under which uch per ·on or corporation is prosecutinl
the work as agent, owner, etc .. the principal office of the owner and
the agent in this 'tate; the time and place where payment of labor8l°!
copy of the statement must .,.,
and mechanics will be made.
po ·ted at the place where work is pro ·ecuted.
Employer' Liability Law. Provides for damages not to exceed
S5,000 for injurie to employes caused by employer's ne~ligence. (888
\Vorkmen's Compensation Acti).
Executions i. ·ue at any time ithin five year after judgmenedt.
The only tay is by appeal, with secured bond. One year allow
for redemption from execution and foreclo, ure. ale.
Exemption . Homt>Stead, not exceeding 5,000, if declarl?-t~
of home tcad i.· duly acknowl dged and recorded; office furrut t
and library, 200; nee ary ho1.1:-ehold and kitchen furniture~exceeding in value 300, and provi: ions for family for six mon ter
certain farm animal. , etc., Ith food for six month ; and wa
right of 160 lnche<;, when actually u ·ed in irrigation; aL'>o crops gr:do:;
·I. owned or po· esse
ing or _grown on fifty acre of land, le
person cultivating be ame: tools or implements of mechanic nee:
·ary for hi· trade of the value of 5 O; all in truments of surge';_nd
etc., ab·o all prof , ional librari - ; miner•., dw Jlfng of value 500, uf Phis pip , cars, etc., of the value of 200: pack animals and cqntY·
menLJ, not exc ding 250; team, agon, etc., of drayman; seved ys
five per cent of the personal earning. of a debtor within thirty~aall
precedlng levy, where earning.· ar ne • ary for use of family,
in~ in thi.• . tate; the share~ held by partie of the lluilrlin~ and LOno
· ·ociation to the value of 1,000; provided. uch person has bT
homest nd; all benefits ari ing out of life iru urance, represen.111 tb8
}licll
an annual premlum of 250; all proper y of fire companies.
above prop rty may be old under foreclo ur of mortgage, ~
include same or execution · ued on judgment for purchase price, of
,arni hm nt. Any personal property or credi in the han lB al
another, belonging to the defendant, ls ubject to garnishJllent,
t ,_
are debts o in" to him from another if due.
fay furn!: h abstracts. ~red.uaranty, Titl and Tru t o.
urety, tr1.1: tee, ·cal agent. Paid up capital of r.ooo req
th,
Capital deemed ecurity for the performance of their duties.
Holiday . January 1 t, February 22nd, • fay 30th, June(i~
(Pioneer Day), l•ourth of July, first fonday in eptembedr ys and
Day), October 12th, Thank giving Day, Christmas, Sun a
er
any day on \'hich a u.encral election ii held.
11
Hu band and W1f •. All the property of the wife owned ~ ot
before marria""e, and that acquired after arru hy gift, bequ f '}let
de.-cent, or that ldch be hall acquire with the proceedJ·
separate property and het per onal earning and the 1ncoIIl rt;Y, ~
her . eparato property, . hall remain her ole and separate pro1}ea b~,i
&I"".
the property o
the . me extent and Ith the ame effect
band .imllarly acquired. The vif b the mana ement, contro1i_.a,1l_•
absolute power of di po I ion of her ·eparate property, t~ t~!Jatioil
e. t nt and Ith like effect as a married man may have 1n of we
to his real and pe onal prop rty. 'l be epa.rate propertY for 11et
wife b not liahle for the d bt or her h band, but ls litbleO estate
1?ded ror
own deb contracted before or aft r marriage. There
. ettlement are pro;~ s~!1!f:
I rrla
by court y or In do, er.
roP""-·
and wh n properly executed and recorded may vary t
of h band and wife concerning P
governln , tho relatlo
~ •
:linors may e ecute valid marriage ettlcments
righ .
contract in rriti.ng 11p ~
In tere t. Wh re there is no expr
d flnlt rate of lntere t, tl10 rate 1s 7 per cent per annurn · r cent_P.!
at rat no o exceod 10 pe
may agree In writing for lnte
annum. Judgmru1 b ar interest at the rate of 7 per cent per
c0uflff,
allo ed.
compound intor
'of
Judgm nt are liens on all real c ate of debtor within
7
y -.:.1.
from ti.me of d cketin , nd may be e t nded to other
offlc . Lien continues
filing ranscript in recorder'
Ju.stlce' court judgmen · becom lle.ru v.b 1 certified an
or fut:
• lay be r viv d by · ulng e cution withlu I mltation.
~
Lien , Mechank '. Every p on performing labor
.l'l'"~
n
o
repair
or
ruction
in the co
ni. hin mat rials
claim, buildin~. or other improvemen , hru a Ii n thr°r~~on ,r~ JP
labor •rs ha, e II n upon the op and pro<lu · therco • tateJllell
they b tow I bor. All liens must be et forth by a s
t~
annu--
::ntleB
gv~i,,-
?~;
BANKING AND COMMERCIAL LAWS-ILLINOIS
b
e,
11
te
Jll
ed
writing, showing the amount due. the facts connected ,\ith the mat,ter,
that there are no credits clue on the claim, or offsets against the
same; which statement must be verified by the claimant, and recorded
in the office of the county recorder, if on claim of original contractor,
within ninety days, if on claim of other persons, within sixty days
from the time of the completion of the structure the completion of the
tabor, or the furnishing of the materials. Lien must be enforced by
suit within six months, unless credit is given , expires at all events
in two years.
Limitation to Suits. Contracts not in writing and open accounts,
four years; instruments in w1·iting, five years; judgments and decrees.
six years. Revivor: Only by instrument in 'l,l'iting ; part payment
does not.
Married Women. All property, real or personal. acquired before
marriage and acquired after roa1·riage . by gift. bequest, devise, or
des<·ent, and her personal earnings and the income from her separate
property are the wife's separate property; all other property acquired
after marriage, common property; wife must record inventory of
separate personal property. No estate as tenant by courtesy allowed
the husband nor dower to the wife.
1\-lines and J.\clin.ing. (Principal regulations under United States
Statutes.) Quartz locations may be 1.i>00 feet long and 300 feet on
each side of the middle of lode. J\Ionuments must be established at
all exterior angles of claim. Clain1 should be tied to some natural
or permanent monument. Copy of location notice must be po ·ted
at discovery within three days after discovery. ~ otice of location
must be recorded within ninety days after location; within sixty days
ten-foot shaft roust he sunk or its equivalent. Location notice must
contain name of locator, name of claim, date of discovery, dimensions,
distance from some permanent. natural, or artificial object; name of
mining district, county, and state. Placer locations made in same
manner as quartz locations, except that within fifteen days after
making location, locator must excavate not less than 100 c·ubic feet
for purpose of prospecting claim, and must, record notice of location
within thirty days after making location.
Mortgages. A real estate roo!'tgage mm,t be acknowledged and
certified, and recorded in like manne.c as conveyances and deeds
of real property, and is foreclosed by action in the di ·trict court.
Chattel :\1ortgages must be acknowledged as real e ·tate mortgages
and swon1 to by the mortgagor that the same i made in good faith
WiLhout any design to hinder, delay, or defraud creditors. :\.lu.<;t be
filed and a minute record made by recorder, unle. · mortgagee bas
Possession. Rul'vives as long as the debt. 1.\Iortgages are discharged
by a satusfaction duly executed and recorded, or by entry on margin of
the record, witnessed by recorder.
Negotiable Instruments. Negotiable instruments are governed
b Y the rules of the Uniform Negotiable Instrument Law. as recommended by the American Bar Association. (, ee Laws 1903, p. 380.)
Notaries, when requested, to demand acceptance and pa~'Illen.t
of foreign, domestic, and inland !Jill<; of exchan~e or promissory
notes and protest, the sa.me for non-acceptance and non-paY1nent;
exerci,;e such other powel's and duties as by the law of nations and
conimel'Cial usage, or by the laws of any other Territory. ~tate, government. or cotmtry may be performed by not.arie . Attach acknowl!dgm~nts or proof of pO\r-ers of attorney: mortgat1;cs, deeds, grants,
J~nsters .. and other instruments of writing executed by any P!)i:500.
ive cert.iflcate of such proof or acknowledgm nt. to take dep'?s1~10ns.
rflidaV?-ts, and administer oaths and affirmations in all m!-1-tter · mc1dent
0 duties of the office.
To keep a record of all offic1al acts: when
requested, and upon payment of his fees therefore. to make and give
arr{e~•tifled copy of any record in his office; to provide and ,/reep an
op c1al seal, on which must be engra,·ed his name, the words Notary
ublic," and the name of the cowtv for which he is commissioned.
'.l'o authenticate with his oillcial seal all official acts. The commission
18 good throughout the State.
Power of Attorney. Powers of attorney fo.c grants of real estate
adnd to execule a mortf~age must be in writing, subscribed, ackno:,vle god or proved certified and recorded a;; other instruments a.fl'ectmg
real property. Powers of attorney which have been recorded ~ust
he revoked by revocation in writing, acknowlerlged, proved, certified,
and recorded the same as original po\\er.
I>:robate Law Probate courts baye jurisdiction to ope11 and
receive proof of ,vills and admit them to proof; to in:ant lette~ te ta~entary and guardianship and revoke same: appomt appra1 ers of
:states, compel executors, etc., to render accow1ts; order sale of proprty of estates and minors; order payment of debts due from estates,
orcler and regulate distribution of property ore ·tates; compel_ a_ttenda~ice of witnesses and 1,roctuction of all in. trnments perta1mne: to
;s~ates and propert,y of minors, ancl make i;;uch o~de~s a.s m~y be necesai Y to exercise all powers conferred. Proceedings of thb court_ are
~ 0 ~trueu the same as courts of general jurisdiction and like force given
0
its records.
l>:rotest. (See otaries.)
atrRe<_;o:rds. All deed._, mortgages, real and chattel, and instruments
s ectmg the title to lands mm,t be reroi-ded. Inventory of the
PeJ?arate personal estate of a mart·ied woman when recorded, be~omes
s:una facie evidence that the property therein enumerated 1s her
c Parate property. In case of levy. of attachment upon real estate, a
~PY of the writ, with a copy of the notice of levy attached thereto.
Ust be filed in the office of the county :recorder.
sa{'tedetnption. Property may be redeemed within one year aft~r
ti e, on PaYing purchaser amount paid on ale and_ 10 per cent add,!:
w?na}. Property may be redeemed by sncces. 1ve redemptio11e1 s
FJa/hm sixty days from last redemption, and within one year from
0 e, by PaYing an additional 4 per cent-. In cases of tax ~ales .• the
WUer may redeem in three years
it l'tel)levin. Action ot mu. t be hrought within.three >·ears fro~ ti!11e
• accr~es. Plaintiff may sue for the posse ·swn w1th~ut cl:3:1mmg
~ed1ate possession or ho may claim immediate pos,;;es.-;101} a~ t~e of
owilltnencing suit or aherward. Affida"it showin~ t!1at plamt1fl' 1s the
,vitter, the _detention, the unlawfulf!ess of the dete_nl1~~· etc .. and b~nd
Ill , suretrns required to ol>tain muned1ate J:?Os,-,e ,-,10n. Defei:idant
th!>' ~xecnte nndertaking, with approved s:i,ireues. for the ret.en~ 10~ of
th f 10 Perty, and that it will be forthcommg, suhJect to t~c mcler ~f
se:~[ourt in which the action is pending, and thereupon retain the poson of the prop~rty involved.
.
Cia~~~:· Uniform sales Act recommended b~· American Bar Assoil.l'~cah,1 .. The distinctions between sealed am! uuse~_led instruments
Bider!tolishcd. \VritLen contracts presumpt1...-e e°l'1denro of con1on.
ea~Ucce_ssion to Property. If decedent lease spouse and o~e child
Iler~0 ent,Jt-~ed to ono-half ofdewedent' f:0J?arate propert~. bot~~.ral an3
1·e111, 1.naJ; if more than one child, surv1v1ng srouse geir o~i- re_ an f
11
0 case 0
coll1~
n(l~r in equal shares to surviving children.
rsub· ,1un1ty property, t-he SU!Tivin~ S[)Oll'.'I': take-- all the propertz
the J~(1, to the ric:ht, of testamentary dispo ·1t1on of one-half thereof b:}
, ecedent. (See Wills.)
.
at 1t~'=es. All property must be asse sed with ref~i-ence to l f val~
3'car
o'clocl·
noon
on
t,he
second
,1'1ond~ytb~/~{!~:!nt°
orethe
1 s full cash value, and the 0" ner 0 1 0
:iv~t
118
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
1853
property shall have the same listed for taxation, and such taxes are
a lien from and after that date. If taxes are not l)aid by the fourth
Monday in December they become delinquent, but half of the taxes
may be paid before said date and the remaining half before the fourth
l\llonday in June without delinquency. A penalty of 6 per cent is
added on all delinquent taxes. Delinquency certificates issued to the
county for all delinquent taxes dated as of the second Monday in
January, bearing interest at 12 per cent, which are assignable. For
taxes levied for 1917 and subsequent years tbe owner must redeem
within three years from date of certificate. Holder of certificate
must, serve written notice of hi,:; intention to apply to Auditor for
tax deed on record owner of land and person in possession at least
three months and not more than five months before the expiration
of three years, and on holders filing affidavit for record showing compliance. and after expiration of three years, be is entitled to tax deed
conveying absolute title to the lands. (Compiled Laws Chapter 133.)
Trust Companies. (See Guaranty Companies.)
Warehou:se Receipts. The Uniform Warehouse Receipts Act,
recommended by the American Bar Association.
·w ills. Every person over the age of eighteen year , and of sound
mind, may ,nake a will. Every will, other than a mmcupative will,
must be in writing, and every will other than an olographic and a
nuncupative will, must be executed by the testator subscribing thereto
or some person by his direction, which must be done in the presence
of two attesting witnesses, each of whom must sign his name and
state that the testator requested him 1 o witness the testator's -signature. and the testator must also declare in the presence of the wltnesses that such is bis last will and testament. One-half of community property may be disposed of by will to his, her or their children,
but not to exceed one-fourth to a paren~ or parents of either spou,;e.
Workmen's Compensation Act. See Chapter 81 Ses<;ion Laws
1917.
SYNOPSIS OF
THE LAWS OF ILLINOIS
RELATING TO
B !\NKING AND COMMERCIAL USAGES
Prepared and Revised by Messrs. MusGRA VE, OPPENHEIM & LEE,
Attorneys at Law, Chicago. (See Card in Attorneys' List.)
AcknowledJrJ11ents. Of deed<; of real estate and other instruments,
may be taken before the following officers: Within this 8tate before
a master in chancery, notary public, United States commissioner,
county clerk, justice of the peace, any court of record having a seal
or any judge, justice, or clerk thereof. Without this State, and within
the United States;;, its territories, dependencies, or the District of
Columbia, before a justice of the peace, notary public, master in chancery, United Rtates comm.ic;sioner, commissioner to take ach.-nowledgments of deeds, mayor of a city. clerk of a county, or before any judge,
justice, clerk or deputy cler·k of the supreme, or district court of
the United States, or before any judge, justice, clerk or deputy clerk,
prothonotary, surrogate, or i-egistrar of the supreme, circuit, superior,
district county, commun pleas, probate. orphans or surrogate court
of any of the State , Territories, or dependencies of the United States.
In any dependency of the United States, such acknowledgment or
proof may also be taken or ma.de before any commissioned officer in
the military service of the United States. When such aclmowledgment or proof is made before a notary public. United St-ates commi sione.r, or commissioner of deeds, it must be certified under his
seal of oillce. If taken before a mayor of a city, it must be certified
under th~ seal of the city; if before a clerk, deputy clerk, pro~honot.ary, regustrar, or surrogate, under the seal of his court· if before a
justice of the peace or a master in chancery, there must be added a.
certificate of the proper clerk under the . eal of his office setting forth
that such person was a justice of the peace or master in chancery at
the time of taking such_ acknowledgment _or proof. ~n acknowledgment or proof of e~ecut1on may be made m conformity with the laws
of _the StaLe, T_erntory, dependency, or district where it L made.
W1thou~ 1,he Umted _States. before any court of any republic, dominion,
state, kingdom, empire, colony, territory, or dependency having a seal
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
1854
BANKING AND COMMERCIAL LAWS
ILLINOIS
or before auy judge, jus.ice. or clerk thereof, or before any mayor
be puni,hed b;\' impri onment of not I
than one or mor than ten
or chief oili<'er of uny dty or tuwn ha\ ing a seal, or before a no1nry
y«-ars. , "hPn the State Auditor i · --at:i li cl o I examination that tho
public or commis-.ioner of def'd , or any amba ·sador, minister, or
bank has hecu duly OJ·ganized and it: stock fully paid. he i ues a
secrot.1.ry of legation, or consul of tho l.'nited State., or vico-<'onsul,
certificate that the bank is authorized to .:ommenco l>trinPs , which
deputy consul, commercial agent. or eon ·ular agent or ttle l'n!ted
cc>rtifleatc mus"t ho flied mth the Re1·order of Deed:- of the county in
States. 'l'hc acknowlod,grno11t of a conveyance by a married woman
whic.:h the bank ic; to carry 011 it.· busine. .
may be made and cert itled a· if. ·he were single. Au ackno\\ ledgment
'l'ho double liability of ::-tockboldcr,, applie · to all debts contracted
taken by any one interested in the conveyaw:e is void.
while they hold stock in the bank and is not, released by an a.<.:-.;ignment
of the stock. The President or Cashier must, \\ithin thirty da) s after
Actions. Forms of action and pleadings are substantially a· at
organization file with the Recorder of Deeds, a complete list of stockcommon law except in just,ice cou1·ts and the municipal court of Chiholders and their holdings and record thereafter a certificate of all
cago, whel'ein the practice has been much sim1:litied. A non-resident
transfers within ten days after such transfe • . A statement of tho
is required to give a bond for costs.
resources and liabilities of the bank must be filed with the State Auditor
Adn1inistration of Decedents' Estates. Letter,; testamentary
when required by him. 'l'he Auditor must call for such report at least
issue to executor named in will, if he be a resident. If there be no
once each three month. . This report mu»t be published in a newswill, or no executor named. or the executor is disqualified, or refuses
to act, administration is granted to surviving hn.·hand, or wife, next
pa/f'[te ~4t~: ~~li~~/~h~ll";.~~;ii!~ea ~..t~fa~Ii~;~~. not connected
of kin. or some competent J,~irson. The surviving husbaucl or wife,
\\-ith the hanl·, to make a thornugh e.,camination of the affairs of each
or tho person nominated by him or her. has preference. Ir none of
bank once a year, and report the same to the Auditor. A bank may
the above named applies within sixty days from deal h of <lccea ·ed,
hold onl~· such real e tate as may be nece ·sary for a banking house or
then aclmini<;tration is granted to the public administrator of the proper
such a may be acquired in the collection of debts. Real estate
county. The administrator must be a resident of the . 'tatc. A
acquired for debts must be disposed of within five years. 'l'he total
foreign executor or administrator, within the United • tates, may
liability for money borrowed of any person, corporation or fl.rm
prosecute suits to enforce claim or rn sell lands to pay debts. 'rhe
(including the members of the fl.rm) to any banking asso ·iation shall
Uniform Foreign Probate Act is in force in Illinois. 'l'he executor
at no time exceed 15 per cent of the capital and surplus (not including
or administrator must file an inventory within throe months from the
undivided protlts) of. uch bank and shall in no event exceed 30 pet·
date of his appointment and inust fix upon a term of court, \\ ithin
cent of the capital stock actually paid in. Provided, however, that
six months from the time he qualifle'-', for the adjustment of claims,
money borrowed within the moaning of the Act shall not include 0)
and publish notice thereof, The claimant should produce and file
the discount of bills of exchange drawn in good faith against actually
his Yet•ifled claim, which, if not objected to, may be allowed without
existing value·; (2) the discount of commercial or business paper
further evidence. If objected to, the claim is set down for trial. If
actually owned by the person negotiating the. ame; (3) the purchase
the claim is not presented at the time fixed upon, it may afterwards,
of or loaning money in exchange for, evid nces of indebtedness which
within one year, from the date of the issuance of letters of adminisshall be • ecured by mortgage or tru.-;t deed upon productive real
tration, be filed with the clerk, whereupon a summons issues agaim;t
estate, the Yaluc of which, xclusive of huildin11:s, as a.'>certained l>Y
the executor or administrator, and the matter is heard at a sub ·equent
the oath of two disinterested apprai.·er.·, i double the amount of the
term. All claims not exhibited "ithin one year from granting of
principal debt :;ocur d; and (4.) the purchase of. or loaning money in
administration are barred. Claims are classified as follows:. 1. Fuexchange for, evidences of indebtedne:s ecurod by a written pledge
ne1:al expenses and cost of administration. 2. ·widow's or children's
coYeriug live stock, the president, vice-president or cashier or snch
award. 3. Expenses of last illness, other than physician's bill. and
bank or as.-ociation certifying at the time of uch purc:ha.se or loan
demands due household laborers or servants of deceased for labor,
that the value of such live ?Stock is double the principal debt, secured:
4. Debts due common school or township fund.:. 5. Phy,;irian's
but in no event sha11 the llabilitie · of any such person, corporation or
bill for last illness . 6. Trust funds. 7. All other debts. Claims
firm to ,;ucb bank exceed the amount of its capital stock, or 2.j per
have priority of payment in the above order.
cent of its deposits. Dire.::tors are made personally liable for ;iny
violations of this prnvi. ion to the extent of the loS?S occa.sio11cd thereby
Afflda,its. Within this State oaths and affirmations may be
to the hank, its stockboldez. or any other party. ... -o loan shall be
admini<;tc1·ecl by any judge, justice of the peace. master in chancery,
made to the !'re ·ident, \'ice-President or any empl oye of the bani(
clerk of a court, police magi,,trate, or notary puhli , in their re.'p ·tive
until the loan shall ha,,e been approv d by the Board of Directors.
jurisdictions. ·without the 'tato the oath 01· afllrmation may be
The mininmm amounts provided for the capital stock of banks
administered by any otlicer authorized b~• the laws of the particular
are a...;; follow·: In cities, towns and village that have not exc-coding
State. and if such officer has a seal, his certificate under hi official
10,000: betwen five hundred and fifteen
seal is received as prime facie e, idence of .his authority.
1 five hundred inhabitants,
, hundred, ·15,000; between fifteen hundred and five thousand, 25,000;
Aliens. The pre ·ent law went into effect July 1, 1 · 97 . It doe~
between fiye thousand and ten thousand, 50,000; between ten thounot affect the right::; of aliens as to personal property, who ·till take
sand and fifty thousand, 100,000; between ten thou-,and and tlftY
the same as citizens. Its pro\'ision.· arc subject to treaties made by
thousand, 50,000, provided de_po. It hall not ex ·eed 500.000; over
the United States with foreil!n countries. All aliens, subject to cerfifty thousand 100,000.
pon impairment or the capital stock,
tain restrictions mentioned in the act, rnay acquire and for a limited
the Auditor may require a se. ·,-,,ne11t of "tockholdcrs or a re t,jme hold real estate situated in this State by deed, dedsc, or descent,
duction of the capital.
If he hall doom tho bank is being
and may transfer devhe or encumber it.
conducted in au uu ·afe, fraudulent or illegal manne!', he may Ulo
a bill for an injunction, dissolution and r cein!r, but such
Arrest and Bail. Xo person can be imprisoned for debt unles;;
a bill can be maintained only in the name of the Auditor. Upon
upon refusal to deliver up his estate for the benefit of his <'reditors
deficiency of sets, the court may require, in uch a suit, that t he
in such manner as shall be pru.·eribed by Ja w. or in ca es where there
receiver proce •Ii against the stockholders on their :,tock liabilitY'•
is a strong presumption of fraud.
There
are provisions for consolidation, change of name and voluntarY'
Assignment. . The operation of the Illinois .-\e relating to
dissolution. .All banking association, heretofore organized by general
voluntary assignments for tho benefit of credit.or» has been. uspended
or special Act, are made subject to all the provisions of this Act.
by the national bankruptcy law.
After January 1, l!J21, 110 natural person or natural persons, firlll
Attachments. A creditor, resident or non-resident. wl o.e claim
or partne hip ·hall transi..ct the bu.sin
of banking or the husine:· ·
is due. may bring attachment in a court of record if the amount
of receivi.Iig money upon deposit, or :hall use the word "Uank'' 0 r
exceeds 20, and in ju,-:tice court for any amount not exceedinc: ._200.
"Banker" in connection with said bu.sin · or ?Shall transact t ile
on any of t.he following ground.·: I. ·where the dehtor is: a non-r • ibu.sine of transmitting money to foreign countrie,; or 1.Juyiug or
dent of this 8tate. 2. Where the debtor conceals himself. or t.and,,
selling foreign money or recehing monoy on depo»it to be transmit tct
in defiance of an officer .·o that proce. s can no be .erved upon him.
to foreign countries provided that exprc .·, st lllship and tolograP d
3. ·where the debtor bas departed from this State with tJ1e intention
comparues may continue their ow ine
of translllitt ing mone.r an
of having hi. effects removed from this State. 4. Where the dol.>tor
receiving money to be trallSlllitted; and provided, further. that 110Lhil1~
is about to depart from this State with the intention of haying his
herein contained shall be construed to prohibit bauJ• · in<'orporajeg
etrects remoYed from thL ~talc. 5. ·where the debtor i ahout to
under the law· of this 1,ate or of the Uuited 8tate. from appoiuun
remove bis property from this State to the injury of . uch creditor.
natural persons as agents to receive deposit· of savings in am! tllrou~h
6. 1\There the debtor has. "ithin two years preceding the filing of the
the public s1:hools. Any person rtolating the ct is guilll' of a _nmaffidavit required, fraudulently conveyed or assigned his efl'ects. or a
deme,wor and is subject to a 11.ne not exceeding $1,UUO. ,,r in1pr1s 0 11 j
part thereof, so as to binder or delay bis creditors. 7. Wh re the
ment in the penitentiary for one year. A banker i · lial>le to fine a u<,
debtor has within two years prior to the filing of such affidavit frauduimprisonment if he receives a deposit after he knows the bank 1ia:s
lently concealed or dispo ed of his property o as to hinder or delay
become i1L-;olvent and thereby the dcpo ·tor suffe lo·. .
. b
bis creditors. "· · ·where the debtor is about fraudulently to conceal,
One dra ·ing and delivering a chock, draft, or ortlor on a bank wit t
a.· ign, or othen, ise di:-.pose of hi<; property or effects ~o a.,; to hinder
in~ent to defraud, and knowing at the time that, he had not ;ulllctd~
or delay bis creditor:. D. Where the debt sued for was fraudulentl.•
funds in or credit v.ith the bank to pay the cl1ee ·, draf or onioJ ~
contrac:ted on the part of the debtor, provided the . tatements of the
full is guilty of a misdemeanor and i ubject to a t111e of 1,00
debtor, his a~ents or atton1ey. which constitute the fraud. shall h:n e
00
of Ladi11g Law i · in forco i ll
been reduced to writing, and his siguature attached thereto by himself, agent, or attorney. The creditor must give bond in double the
Illinois.
le
Blue Sky Law went into effect June IO, 1!)19, go,·erni.l1g ti
amoun.; of the claim. Real e ate or personal property may he
atta('hed or funds 11.'arnished. The property or fund?S may be released
sale of tocks of corporations.
ecuritie are dhidell into four cla."s~tl
by the debtor giving a forthcoming bond, or entering into a recogCertain sccuritic can be sold only after a. full Lltatcment ir.1 1:ega u
ther to bas been filed with the ~ecretary of tate and a pern11t- 1s;,i~eer
nizance in court to pay the judgment.
The
law is stringent. Copies of tho la .,. and form· for use thCI:c 11
Ban){· aml B anking. Under the state constitution stockholders
can be obtained by v.Titing to the ollice of LJ1e ccr tary ot ~ " ,:
have a double stock liability, and every bank must make, under oath,
'priugflcld,
Ill. 1'he act b entith..'<i '"1'he Illmo1s ecm·ities La_~~-and publish each quarter a full and accurate ·tatement c,f it affairs.
Cha ttel ~lor 'ni;es. ~ 'o mort a e, tr t deed, or ot11cr 1: .11' 'is
Au Act to re,i e the law in relation to banks and banking was
ance of personal property havin • th
ffcct of a mortgage or ltCJlind
passed and approved June 23, 1919. and ratified by referendum at
valid armi t tltiru pm ow·, unl
p
ion t>o deUvero<i to, ioll
the election of •ovember 2, 1920. Banks may be formed under the
ren.aia with the grautec; or the instrument pro\ict for tho po. c. i f~
statute for the purpose of di ·count aud deposit, buying the scllin!!;
o1' the property to remain with the grantor, and the in...,tru 1ucn etl,
exchange, and doin~ a general banking busine. ·, except the L ulna:
ackno'l't!oclged and recorded. 'l'ho instrumem must be ac:h."llOWle<lf11d.
or bills to circulate as money; may loan on both p r ·onal and r ru
in countie 11, i.ng a po1>ulation of I~ Umn two hunclreu tllll 11".1er.l{
e tate security, and may accept and execute trw·t . .An ru ociation
before a ju. tic 01 the peace, police ma •istrate, a clerk or deputY ~ur to f persons, not less than three, ma:r organize a bank by tlling a ·tateof a mw1i<'ipal court, or county judge of the county i11 which the ~ore,
ment with the Auditor, giving th place of busines , amount; of capital,
gagor r id ; ill countic having a population ut' :! 0,000, ol' l.l 11 u
name and duration, whereupon the ,\.uditor issues a permit to orgauiz .
betoro a jw ice of tho poae • of the toPn or pred11ct, or if there b•iplll
'fhe shares .·hall be 100 each. After the permit- to org:rnize i I. sued
justice o tho peace. b •for the cl •rk or d puty clerk of the 1111w 1c r iS
and the stock fully sub cril.>ed, the stockholders meet, fix the number
court in tho district where the mortga •or 1· ill . If the mortg,~~0 rc
of directors and elect the director.· who shall manage the corporation
a non-rc.-ident. of th
tate. the mortg-dgo may o acktW\ Jedgo<.1 eed"·
fo r one year, or until their successors are elected. At the lection of
any oflicor authorized by Ia,· to take ackno\ Ied!ffilent., o l d -HI!
diiectors. stockholders have the right of cumulative , oting. 'l'b ~
-Ht 'r acknowledgment u,e iil!>trument must be tilect for r •ur~11 tbtl
director::; elect one of their nwnb r President, app0int the nee ·ary
the recorder of tllc county in hich U1 · mortga •or r sides ' \ {IC iJJCll
oflicers and emplo:rels, fix their alaries and make b)·-Jaws. Ea h
instrument is C ccutcd, or, in CR! • of a non-r idcnt of the ::,ta ?a iS a
director shall tlle with the late Auditor an affidavit that h \\ill
in tho c ,wity ·here the property i
ituat d. '1 he m(!rtgag 1 pot
faithfully perform the duti · of his ofilce in accordance ith la, ; thnt
valid lieu w1tll the maturity of th entire < cbt or obliS~,tio:ar
!JC
he is the owner in hi own ria:ht. of ten shares of th . o ·k of the bank,
exceerliol§
titre
y
ar
from
th
filing
of
the mort"age, auu. 1~ ll1u;,t
free from incumbrance. The directors must cause . uitable books to
rcne,\ d for on ) ar.
note ecur d by chattel mortgag_. void,
b e kept a nd ti le with the •.\.uilitor list of tockholdet and a copy of
state on it face that it i o • ·urcd, otb rwf e the mortga!IO 1~e1c:JSe
a ny other records the Auditor may require. l;n lc s another daJ' i
A mortga e may IJo rel ea: ed on tho margin of tho recor<l. or l>Y fo rcwiP
fixed b y t h e by-laws of t-be A ·ociation, tho stockholder· sliall moot
de d. .A mort"a •u on a stock of good· permitting mortgagor
the first ~Iond ay in January and elect director.·. Vac.ancie· are
pos · _ ion ancl 1>uy and s 11 I · , oid as to e<liwrs.
filled b y vote of tw o-t h irw; of the d irectors. Each director mw t
o m .m crcial 1>a 1,cr. ( ee • 'oc:otiable IustrumenU;_.)
enerallY'•
own t e n shar e.· of t h e sto('k of the bank and file a certillcate or certif<:o n dittona l "'·ate aud Uk agr em n , including, g _i011 a.re
icates thereof with the Ca.-;hier , t o be h e ld durin!( hi term as director.
leas•', r
n·in, till or lien in ell •r , ho part with pos."il;":'1 g iie11s
A quorum of the directors mu.s t m eet once each month . Any omcer ,
not valid in this ·tale as o purch
dirocto_r or employe who . hall m ake a faL'ie ·tatemont to any oilida l
rs or parties acqU1:\ ~,_see•
while the prop rty remab · in the p
authonzecl to e. amine t h o atrairs of the bank, u pon comiction shall
.;;ion of the yendeu 0 1 "
imEii1f°~~!Jfii ~ •f.~:1°b~~~~tmu
:~te
L
BANKING AND COMMERCIAL LAWS-ILLINOIS
Consignments. Agreements to sell on con,;.ignn ent are valid.
If a commission merchant;, or party selling on con:.mission, converts
the property consigned, or after demand fails 1 o acc-oi.mt for the proceeds, he is subject to fine and imprisonment, and liable fo,• double
the value of the property so converted.
Conveyances. (See Deeds.)
Corporations. Corporations, except for charitable. educational,
penal, and reformatory purposes, may be organized only under general laws. (Const. art. XI, 1.) In all elections of directors every
stockholder has the right to vote, in person or by prox~·, for the number
of shares of stock owned by him, or may cumulate his votes. (Const.
art. XI, 13.)
A new act relating to corporations for profit. became in force
July 1. 1919. Corporations may be created under tne act for any
lawful purpose, except for banking, insurance. real e:-tate, brokerage ,
the operation of railroads, or the business of loaning money; and may
be organized also, for any one of the following purposes: (1) '' building
corporations," for acquiring, owning, erecting, leasing, or operating
only one building and the site therefor of not more than 80,000 square
fee~ of land; (2) "agency ar~d loan corporations." for the purpose of
actmg as agents for others m the purchase, sale, renting, and man~gement of real estate and leasehold intere ts i.J1 the operation of an
rusurance agency business. in the negotiation of loans on real estate
and leasehold interests, of lending money on bond! or notes secured
by mortgages or trlL'>t deeds on real estate or leaseholds or on the
mortgage bonds of industrial or railroad companies or of any public
service corporation or on any State, municipal, or qua i-municipal
bonds, or for the purpose of buying, selling, pledging, mortgaging, or
othet•wise dealing in any of such securities; (3) "real estate improvenient corporations," for the purpose of owning land, erecting resid1 ences thereon, and selling or leasing such land or residences, which
and so owned shall be situated only in the county in which the corP0t'ation's principal office is located.
9<;>rporations under the act have the following rights, powers, and
Privileges: (1) succession; (2) to sue and be sued in its corporate
name; (3) common seal; (4) capital stock, w:ith or without, a par value,
and divided into classes (under a ruling of the Secretary of State any
class of stockholders by a provision in the certificate of incorporation
rnay be deprived of the right to vote); (5) to acquire, and to own,
Possess, and enjoy so much real and personal property as may be necessat'y for the transaction of the business of such corporation, and
to lease, mortgage, pledge, sell, convey, or transfer the same; (6) to
~wn, purchase, or otherwise acquire, whether in exchange for the
msuance of its own stock, bonds, or other obligations or otherwise,
and to hold, vote, pledge, or dispose of the stocks, bonds, and other
evidences of indebtedness of any corporat,ion, domestic or foreign;
(7) to borrow money at such rate of interest as the corporation may
d e~ermine without regard to or restrictions under any uslU'Y law of
t 1us State and to mortgage or pled~e its property, both real and
Personal, to secure the payment thereof; (8) to elect officers, appoint
agents, define their dutiei: and rlx tbeir compensations; (9) to lease,
ex~·hangc, or sell all of the corporate assets with tbe consent o~ twothirds of all of the outstanding capital stock of the corporatwn at
any ammal meeting or any special meeting called for th~t purpose ;
(hl0) to make by-laws not inconsistent with the laws of this 8tate_ for
t( e administration of the business and interests of such corporation;
to conduct business in this State, other States, the District of
Uo _Umbia, the Territories, possessions, and depPndencies of the
n1ted States and in fo1•eign countries, and to haYe one or more
Offices out of this State, and to hold, P1:1I'chase. mortgage, and COD; ;~y
real and personal property outside of this tate nece. sary and reqmsite
to carry out the object of the corporation: 02) in time of war to
traJ?,sact any lawful business in aid of the United States in the proseC':1,dt~on ~f war, to make donations to associations and ot·ganizations
a.i mg m war activities and to Joan money to the State or Federal
Government for war purposes; (13) to cease doing business and
to surrender its charter; (14) to have aud exercise all the pow~rs
1:1ece. sa.ry and convenient to carry into effect the purpose for which
su91i corporation is forllled.
•
. rhe rie;ht of a corporation to hold the stocks of other r~rporat1~ns
IS restricted to cases where the effect thereof shall not be m restramt
of trc1:de, to le. sen competition, nor t_o create ~ monopoly. • o ~orPorat1on, except as specifically provided herem, shall be orgaruz~d
UUder this act for the purpose of a<'quiring or owning: real e_stat~. .~ o
corporation under the act shall, exc:ept as provided. by any 1!11Plication
or <;onstruction, be deemed to possess the power. of can·ymg on the
~lls~~ss of discounting bills, notes, or other enden<:e of debt,. or
b~cen·mg deposits of money, or foreign coins, or buy_mg and sellmg
:f 11,Is _of exchange, or i, •suing bills, notes, or other e, 1dence,.; of debt
Ot circulation as money; but corporations created, o,r to be _created
fndoi: the provisions of the act, to buy, sell, or othennse deal m notes
0 ~ including tbe discounting of notes), open accounts, and other
btnular evidences of debt (not including bills of exchan~e), shall not
c e considered within this prohibition. . yo corp~ration sh~ be
threated nnde1· this act to deal in commercial paper m the exerci;,e of
~ funr.tion. of haul< disc:om1t.
sh rhc board of directors must consist of at least three persons. wh_o
St an be stockholders and one of whom roust he a resident of ~his
-:r:te. The directors exercise the corporate_ powers o~ the con~oratron.
'l'h ey may hold meetings and transact busmess out.:1de of this , ta_te.
ey clec:t officers adopt !Jr-laws and may appoint an exe_cu~ive
~OlllJnitt~e. The 'riame of a• corporation must indicat<: t1?-at 1.t JS _a
~r1~orat1on. If tho name of a person or copar~?er;~l~1p l; used. 1,~
•· Ust_ be followed by the word "corporatwn,.
mcorpor~ted:
lun1ted," or their al>IJrcviatioos. The corporat10n . 11111st mamtam
0fll~e or place of business in tlus State, with a res1de~1t officer or
aiont u1 charge. The secretary of state mu._ t b~ kept mformed of
Y change of address of such office or place ot busmc.·,.
a Each share of stock when issued shall haYe stamped therl?on tJ?.e
~~Ollnt actually 1'.eceivod by the corporation fo_r such . tock. en,her 1!1
fl~~h. property, sei•yices rendered. or exp~n.,es m1·urred. Each cert1th ate must contain a statement or the rights of the hold~r, w~iether
p I? stock has been fully imid anct if not wl1at per cent of it has been
o aid. \\'hen additional pa:rinents are made they must, be stamped
bn the certificate Shares· without par , alue . hall be represented
Cet'tiflcales wh.ich shali state the number of shares,. th~ _name of
izee holder and. the total number of shares the corporat10n _i_s ~utho,:St <l to issue. -\11 stockholders' meetings roust be held ~1thm this
st ate. Directors ar. elected at the regul_ar annual n!ectmg of the
fe~;kholders.
To stock can be voted w~:ncp shall h~, e l?een trau ll.1 6 9, on the hooks of t.he corporation w1thm ten daJ. _prior_ to S!JCh
e eetmg. No prox is ood after eleven months from its execution,
h~l~.pt Where tbe st~ck I's pledged as securit,y for a debt to the person
emg~eprox~
.
of tockhold rs are liable to creditors, after ~xhaust1on of_ the assets
th t h e corporaUon only lo the amount unpaid_ on !he_ sha1 es held by
heetn. An assignee or' unpaid stock. with notice. IS hable ~ tl~ough
had been the original sub ·criber; but only the real owner 1 liable.
Def or~iim Corporations. Each foreign corpo_ra~ion organized for
SUt~~y Pro~t (except bail;king, dinsurJ°b~~~i)dii~gt:i~d ~~::·
before itomt pames), not now_hcense to. ot '"'s an office in this tate
'Pro
ransacts anv busmess or ma1n a.LU
• f 't t '
N' <;_ure_a certificate of authority therefor from ~he Secr~tarl o . a e.
.
. 1
r continue m any kind of b1:15m~
1 , oreign
n t his Sta~~~~h~atl~~~:~LiJg;f~v~ch by domestic corporations IS
not permiU.ed by the la,ws of this State. Each licensed foreign corporation shall keep on file in the office of the Secretary ot 81 ate a
copy of its charter and all amendments thereto; and also a. vet•ified
statement giving the location of its principal office in this State and
the name and address of an a.gent on whom service of process may be
had. No foreign corporation doing business in thi State "ithout a
license shall be permitted to maintain any suit at law or in equity
in any of the courts in this State upon any demand, whether ari:,ing
out of contract or tort; and all such corporations shall be liable by
reason thereof to a penalty therefor of not less than $350 nor more
than $1.000, to be recoYered in any court of compet.ent juri.<:<licLion,
in a civil action to be begun and pro~ccuted by the At,torney-General.
Each corporation including railroads. domest,ic and foreign, other
than homestead a ·sociations, building and loan associations, banks
religious c:orporations, insm·ance companies, and corporations not for
pecunia,ry profit shall make a report in Wl'iting to the Secretary of
State between February 1 and 1\larch 1 of each year for the calendar
year ending December 31, preceding, on forms to be prescribed and
furnished by the Secretary of St.ate. Such report shall give the address
of the corporation, officers and directors in this State by street and
number;
nd also shall disclose such facts as necessary to enable
the Secreta!'y of State to ascertain the proportion of its capital stock
represented by busines transacted and tangible property located in
~)1:f!t~t~eo;J~ i~c~i~eih~~~~l~~eari's~tte ~~ r~:~~~~J't~~-appro-
Fees and Taxes. To the Secretary of State on filling a certificate
of inc<?rporatio_n one-twentieth of 1 per cent upon the amount of
authorized capital stock, but in no event less than $20. If the stock
has no par value, for the purpose of fixing the fee the shares are con
sidered as having a par value of $100 each. A like fee upon any subsequent increase. Upon tlle fl.ling of a certificate of amendment
additional fee of $20. A foreign corporation, other than an insurance
company or building and loan company, upon obtaining a certificate
to do business in Illi11ois pays the i,;ame fees upon the amount of its
~apit~l s!ock repr~sented by business tr~sacted and tangible property
m IllmoIS as sunilar domestic corpora.t10ns pay upon incorporation.
IJ the stock of a foreign corporation has no par value for the purpose
of fixing fees and taxes the shares are considered to liave a par value
~f $100 each. A domestic corporation or a foreign corporation
hc~nsed to do _business in Illinois (except insut'ance companies), and
which arc reqmred to make annual reports, must pay to the Secretary
of State an annual license fee or franchise tax amounting to 5 cents
on each $100 of the proportion of Hs authorized capital stock represented by business transacted and property located in this State but
in no event shall any such license fee or franchise tax be less 'than
$10 for any one year. 1f it appears from the annual report that the
corporation has no tangible property located in this State, and is
transacting no business in this State, the following franchise tax must
be paid annually: on ca.pit-al stock of $50,000 or less, $10; between
$50,000 and $200,000, $15; between $200,000 and $500 000 $20·
between $500,000 and $1,000,000, S,50; between $1,000 000 anci
$10,000,000, $200; over $10,000,000, $1,000; stock of no par value
being con idered to have a par value of $100 per share. The franchise
tax is payable on July 1 for the succeeding twelve months. If a
corpwation fails to make an annual report within the time required
the Secretary of State assesses a franchise tax on the bes1; available
information, adding a penalty of 10 per cent on the amount of such
assessment. In case a corporation fails to fl.le an annual report or
pay its franchise _tax as requ~~d by the act, the Attorney-General
may take proceedmgs to forfeit its charter. No corporation required
to pay a franchise tax or fee under the laws of this State shall transact
any business in this State or maintain any action at law or suit in
equity, unless such corporation shall have paid such franchise tax or
such fees when 1;he same become due and payable. C:orporations
are taxed on theu· tangible property, real and personal within the
State, and also upon the fair cash value of their capital stock, including
franchises, over and above the assessed value of their tangible property. Sha~es of stoc!r of domestic corporations, whose tangible property or capital stock rs taxed, are not subject to taxation in the hands
of owners.
A corporation org~nized fo~ the purpose of accepting and executing
trusts. may be appomted ~signee or trustee by deed, and executor,
guardian, or trustee by will, and any court may appoint such company receiver, assignee, guardian, conservator, executor administrator, or other trustee, provided such appointment apply to the
estat_e only a!)-d not to the person. Such corporation is not generally
requll'ed _to g_ive bond for the performance of a trust. but it is required
to dep~s1t with t,he Auditor of Public Accounts $200,000 in bonds of
the Umted States, or in municipal bonds of this State, or real estate
mortgages, and to make a statement, and file reports with the Auditor
annu~lly. There are special acts also as to the organization of corp_orl!-t10ns not, for J?ecuniary profit, religious corporations. loan associat1o_ns, co-operative associations for profit, insurance, etc. Oorfgt;;;,.ob~c;f:i!;;fn or domestic, under certain restrictions, may do a
6V
l
. Courts:
1
t.£
~~fl
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
Supreme court (seven j!l,dges); four appellate courts
court of appeals, three Judges each) ; circuit courts (in
gntermediate
ook Co·mty also supel'ior court of equal jm·isdiction) · criminal
!~
°
1855
I
court~; 'JtmtY courts (which also exercise probate jurisdiction in
counties havmg less than 70,000); probate courts (in counties having
over 70,000); municipal courts (Chicago has a municipal court with
~ c~icf justice and thirty a. s.>ciate judges and special practice); and
Justice courts.
Days of Grace are abolished. (See Negotiable Instruments.)
Deed.;; conveying land ~hould ~e signed, sealed,. a!1d ac~cnowledged
by grantor. Scrawl seal 1s sufficient. No subscnbmg witnesses are
required. Statutory forms of warranty and quit claim deeds and
m•)rtgages are provided. The words employed are (1) conveys and
warrants, (2) conveys ~nd quit claims, (3) mortgages and warrants.
No deed r leases the l'l"'ht of homestead unless it contains a clause
substaut.ially as follows: "Hereby releasing and waiving all rights
under and by virtue of the homestead exemption laws of the State
of Illinois," in which case the certificate of acknowledgment should
contain the clause, "including the release and waiver of the right
of homestead." To release dower the husband or wife must join in
the conveyance, except in the case of a mortgage for purchase money·
otherwise the husbanrt and wife may convey as unmarried. Deeds
and other instrwnents affecting real est.ate should be recorded in the
county where the real estate is situated; until so recorded they are
void as to creditors and subsequent purchasers without notice.
Deposition~-. In chancery cases if the witness resides in the
county, depos1t10ns may be taken on five days' notice· otherwise on
ten days' uotice and one day in addition for every fifty miles At
law, on lik~ ten days' notice, where the witness resides in aiiotber
county or 1s about to depart from the state. Where the witness
resides out of ~he county _or_ state, the deposi~i~n may be taken before
a n~tary _PUbhc or c~IDIDJ. s10ner 0!1 a comnuss10n issued on ten days'
not!ce, either <?n wntten or oral mterrogatories; one day additional
notice of the tlllle and place of taking the deposition being required
for e~~ one hundred miles. I~ a witness subpoenaed to give bis
!fepo 1t10n before a notary pubhc or other officer under commission
1ssu~d by a court of t ~ State, or of any other State or countr
declines to appear or testify he may be cited before the circUit coJ't
~~J~r;3~~;~~~:n~;. resides and be compelled to appear, testify,
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
1856
BANKING AND COMMERCIAL LAWS-ILLINOIS
De l'Cnt and Distribution. Property in this State, real and
personal, of re. i<lents or non-re:idents dying intestate, de cends and
1. To the children and their descendants
cquall:r. the descendants of a deceased child or grandchild taking
tbe . hare or their parent; in er111al parts. 2. When there i no child,
nor descendant of a child, and no widow or m•viving husband, then
to the parents, brothers, and si ters and their descendants equally,
allo,,ing lo the parents, if 1i ·ing, a child's part, or the survivor a
double pm-tion; and if there is 110 parent living, then t.o the brothers
and 'istcrs and their descendant . 3. ,vhen there is a , ·idow or surviving husband, and no child or descendant of a child, one half of
i. distributed as follows:
(~:a~
w~~f~
~ts{i;t~ii~;t:u~i~~;!°at,H)Yt~e~;-,t~~a<t~~~~b~tt!1lirtht~
descends as in other case,- wllere there a1·e no children or descendants
of childreu. 4. \\'hen there is a widow or smTiving husband, ancl also
a child or descendants of a child, the widow or surviving husband
receiYe · one-third of the personal estate absolutely (sec Dower and
C'urtesyJ. .",. If there is no child or descendant of a. child, and no
parent,, brother, or. i. ter, or descendant of parent, brother, or . ister,
aud no widow or surviving husband, the estate descends in equal
parts to tlle next of kin in equal de~ee (computing by the C'hil Law).
therp being no representation among collaterals, except "ith descendants of hrother · and sister~. and no distinction heing made between
k:i11d1·ed of the whole and the half blood. 6. In case of a widow or
surviving hw band. and no kindred, the whole estate goes to be widow
or surviving husband.
Dower. A surviving husband has dower (i. e., life interest in a
third part of all lands whereof dect ised was seized of an est.ate of
inheritance during marriage) the same as a widow. Equitable C.'<tates,
and land contracted for before death, are subject to dower. Dow r
may be barred by jointure ru·sented to: by devise, unles.· widow or
surviving husband renounces benefit of devise within one :rear from
date of letters of administration; by divorce as to the party in
fault; and by abandonment coupled with adultery. There is no
dower in land as against a purcha e-money lien. The husband or
wife may renounce any de\·ise under the will of the other and take
if there be children, dower and one-third of personal estate, or, if no
children, one-half of both real and persona.I estate absolutely.
Executions. (.. ee Judgments and Executions.)
Executors and Adn1ini trators. (See Administration.)
Exemptions. There is a home:stead exemption to the extent of
$1000. It may be extinguished by conrnyanee joined in by husband
and wife properly acknowledged. (See Deeds.) The following
personal property is exempt: 1. Tbe necessary wearing apparel,
Bibles, school books, and family pictures. 2. One hundred dollars
worth of other propert:r, to be ~elected by the debtor, and in addition.
when the debtor i. the head of a. family and resides with the .·ame,
$300 worth of other propert.y, to be selected by the debtor. Exemptions can not I.Jc claimed out of partnership property. The wages
of a wage earner being the head of a family and• r sicling "itb the
same are exempt from garnishment to the amount of 15 per week.
Frauds, Statute of. The following co11tracts .·hould be In writ,iuu:
1. A promise of an executor or administrator to answer any cleht or
damages out of his own e ·tate. 2. A promise to an wer for the debt,
default, or miscarriage of another. 3. An agreement made in con·ideration of man-iage. 4. n agreement not to be performe<l within
one year. .3. Any contract for the J'iale of lands, or a11y interest
therein for a longer term thau one year. 6. Expres · trusts relating
to real estate. "A contract to sell or a sale of any goods or choses
in action of the value of five hundred dollars or upwards is not enforcible by action, unle ··the buyer accepts part of tht: goods or cho. es
in action so contracted. to be . old or sold, and actually receiv the
same, or gives something- in earnest to bind the contract, or in part
payment, or unless some note or memorandum in writing of the
contract or sale be signed by the party to be charged or hi· agent in
that behalf. The act applies to sales for future delivery ancl to good.·
to be obtained or manufactured by the seller, but not to sales of goods
to be manufactured on special order if they be not ·uitable for ale
to others in the usual cours of lmsiue._·s."
Garnishment. The fund'> or property of a debtor in the pos c · ion
of a third party may he garnished in an attachment suit, or in a ·eparate
proceeding after judgment has been obtained again ·t the principal
debtor. (See .Attachments.)
HolidaJ·s, Legal. January 1st, February 12th, February 22d,
May 30th. July 4th, October 12th, Decemher 25th, fir 't l\lonclay in
September (Labor Day), Thanksgiving Day, and Tuesdays next after
the first .Mondays in Xovember in even years (election daysJ: also
every Saturday from 12 o'clock noon to 12 o'clock midnight. Where
holidays fall on Sunday, the day following.
Husband and Wife. (.'ee :\larried ·women.)
lnterest. Extreme contract rate, i per cent; legal rate, 5 per cent.
Interest is allowed at the legal rate on moneys after they become due
on any bond, bill, promis:sory note. or other instrument in WTiting;
on money loaned or advanced for the use of another; on money due
on the settlement of an ac ount, from the date of ascertaining the
balance; on money received to the use of another, and retained ·ithout the owner's knowledge; and on money withheld by an unreasonable and vexatiom; delay of payment. .Judgments or decree: draw
interest at 5 per cent. Penalty for contracting for more than 7 per
cent is the loss of the entire interest, and only the principal sum can
be recovered. A written eontract, wherever payable made, in this
State be'tween citizens or this 'tate and of a foreign 'tate (or ecured
by a mortgage on lands in this 'tate) is controlled by the law of this
State as to the rate of intere t, and the penalty for usury. U ury
must be specially pleaded. But corporations cannot claim a forfeiture of legal intere t on aecount of usur~•- In all computations
of time, and of intere t and cU counts, a month is considered to mean
a calendar month, and a year twelve calendar nonth . and a clay
the thirtieth part of a month. A foreign corporntlon i ul.lject to
tate.
the same penaltie · for usury as a citizen of thi
Judgment and Execution . A judgment is a lien on real
estate situated in the county where the jud1:,"lnent is rend• ed, for
seven years from it date. If an execut.ion is not i · ·ued on a judgm nt
tran cript of a
within one year the judgment ce~e. to be a lien.
a
judgmeut in another county may be filed and th reupon b om
lien upon real e::tate of the defendant in the county "here filed, and
a lien on
n execution becom
execution may i: ue thereunder.
personal property from the tfme It i delfrer d to tho officer to be
executed. All goods and chattels, including money and tock in a
corporation. may be levied on. Personal property may be old under
forthcoming bond may be given
execution on ten day ' notice.
third party clairning the property
by the defendant to the officer.
levied on may have a trial as to the right of property in the county
court. Judgments may be conf ed by a debtor or his authorized
attorney without proc&·s in term time or vacation.
landlord has a lien for rent ~pon crop· growing on the
Uens.
have a
keep
demised premises. Hotel, inn, and boarding-hon
table-kee}J rs have
lien upon baggage and other valuables of guests.
a lien upon horse , carriag , and harness for the keeping thereof.
Garage keepers are entitled to lien· on automobiles, part; and accessories, for keeping, repairing, materials fun1ished thereto, and the
penses bestowed thereon at the reque t of the owner. or the p r. on
gisters and persons keeping. yarding,
having the possession thereof.
and feeding domestic animals have a lien therefor. All persons furni h-
Ing supplies, or doing work for any railroad organized under the law.·
of this State, neces'-ary for the con truction, maintenance, operation,
or repair of the road, ha.Ye a lieu therefor 011 all the property of the
company, which is good as against mortga~es and other liens acquired
after the commencement of the delivery of supplies, or the domg of
ttorneys have liens on all demand , claim·, and cau ,es of
the work.
action of their client·, after the . ervice of notice upon the adver ·o
party. Contractors and sub-contractor., including architects, superintendents, timekeepers, etc., have liens on any real estate, interest
therein, or improvement· theroon, for all kinds of labor and services
performed, and materials furnished for the erection of any building,
or the improvement of any real estate, or thh1g connected therewith.
A person furnishing material. appara.tuf., flxtur~ . machinery or labor
to a contractor for a public impro,·ement, has a lien upon the money.
bonds or waJTants due or to become due under such contract.: Provided, the claimant enes upon the municipal' • a notice of his claim
before payment be made to such contractor; hut the lien attaches only
to the portions of the money. bouct;,, or warrants against which no
voucher or other evidence of iudebtedne ·s has been i ued and delivered
to the contractor.
Limitation . In personal actions as follow. : Libel and slander,
one year; action for dama~es for injury o per. on • two years (wht,re
death result:·, one :rear after death); for fa!. e impri onruent, malicious
prosecution, for a statutory penalty, for abduction, seduction, or
criminal conversation, two years; actions on unwritten contracts,
express or implied, on awards of arbitration, to recover damages for
injury to property real or personal, to recover po. 'C,· ion of personal
property, or damages !'or the detention of conversion thereof, and
all civil actions not otherwise provided for, five years; actions on
bonds, promissory notes, bills of e.·ehan1?e, written le~ es, written
contracts, or other eYidences of inclebtednC's. in writing, ten years;
but any payment or ne · promise to pay in writing renews the right of
action on such instnm1ent for ten years from the time of such payment
or promise. .A domestic jud~m nt of a court of record, twenty years;
of a foreign court of record, five years.
Limited Partner hip. Ther nrc st.atutory prO\·isions as to the
formation of limited partnerships, hut uch partnership are not
common in Illinois.
l\farried \\'on1cn. A married woman may. ue. be sued. or defend,
as if she were unmarried. 'When the hw band deserts, the wife may
prosecute or defend in his name. The husband has the same right
upon the desertion of the wife. The husband is not liable for the
wife's torts oxcept in cases where he would be jointly responsible
if the marriage did not exist. The husband or wife is not liable for
the debts of the other incurred hefore marriage, or for the separate
debts of aC'b after marriage, e. ccpt that the husband and wifo are
jointly and severally liable for the e. pen. es of the family and the
education of their children. The wife may contract as if unmarried,
except that ..:he can not carry on a partnership business without the
con ·ent of ber husband. unless he ha· abandoned her. or is insane,
or conflnecl in the peni entiary. :he may receive and use her own
earnings fre • from the interference of tho hu band or his creditors.
Neither the husband nor the wife can recover compensation for anY
he may own
labor performed or s rvices rendered for the other.
in her own right rea.l and personal property obtained by descent,
gift, or purcha e. and manage, ,·ell. and convey it to the same extent
that the husband can property belonging to him; but no transfer of
per:onal property between the hu band and "ife living together is
good as against third person . , unle.s:· aeknowledged and recorded as
chattel mort,mgc;; are required to he. A married woman who without
her fault Ji\· apart from her husband may maintain an action for
reasonable upport. and maintenan • . Th wife may insure her
husband's life. She may become surety for the hu bantl. 8he maY
execute a will, If o\'er eigb een :rear. of age, at which age she attains
majority.
:Uort~al!;c.. Heal e.·tate mortgai; , . hould he o.xerut d and ac-Irnowledged the same as deed·. The ·ife must join to bar dower,
except in mortgage for purcha: e-money. 'l'ru .t deed are often
preferred to mortgaae. becau.·c of the facility in tho transfer of tbe
obtaining a release,
socurity and, in case of non-rc:ident creditor...
tate mortgages
generallv being a re. ident. R al
the trust
he released upon the record or by role c deed. ~lortga~es an
trust deeds must be fore lose<l by ,''ire facias or by regular foreclosure
suit in a court, of chancery. In extreme ca ·c.·, ,,here the mortgaged
property is clearly of le s value than the debt ~ecured and the mortgagor is in<;olvcnt, there may be a ,-.trict foreclosure ·which cuts of! trtbe
right of redemption, in ~·hich case the mortg-agee takes the prope Y
in discharge of the debt. In oth r ca: • after d ·ree of foreclosure,
the ofllcer desi nate<l to execute the decree delh ers a certificate there
of to the ci·oditor and. file, a copy thereof for record. The debtor maY
redeem within twelve month . or if no judgment r,reditor redeems,
then witWn fifteen mouth:'; at tho end of which time tho real esTta~
, with i: p r cent interest.
i,, . old to . atlsfy the d re and co
holrler in due course of a note e ured by a mortga.g or trust deed on
real estate in lllinoi . tands in no b t r position, o far as the enforce:
ment of bi Cf'Urity i concern d, than the payee or or'll,'inal ho~~•
but tbi. do<"trlne doe::. 11ot apply to corporate bond payable to be,..v •
·e,:otiable In,.tru1nent ·. The " nlform .1 •egotiable Inst~
menb La, "adopted in J.·ew York and mot of the other states Is 1
force in Illinoi ·. as to all commercial pap r ex.c ·uted after Jul~es•
HHJ7, with tli following modiflcatioru: 1. 11 Prorni. ory No
Bond , Du Bills, and other iru trum nt in writing, wherehY
, to ray any . um of money or articl~ of perso es
promb or agr
property, or any wn o money in p rsonal property, or acknowledg
any sum of mon y or artkle of p~rsonal prope~y to be due, ai:e.n~
payable 111 money due cl11i1~en1i
tiabl • Exc.cJ)t as to Promi..,,ory o
to
mus be u ed bv the holder a •a.inst the maker, if h l.J a r
and solvent, hy ·ult at tlrst term of ourt aft r maturity, in edord!k,
artY·
hold the endorsor. 2, ccommodation pap r may he issu
maturity, if such , as th int ntlon of the accommodating J) rse3. The addition of words of a ignmen or guaranty to a blank lndowf58
an indo C>ment unle. s oth er lJ1
ment do not affect U1e signature
of fraud and circumvent 1O 0rOS!
expr ly stated. 4. The defen
cution of ne •otiable paper. or hat tho consideration 8 and
the
due
tion 130.
out of a gambling transa tion prohibited by
t •
again t a holder
ert d
136 of our C riminal 'ode, may be
hi note payable_~..lt,
cours . 5. 'l'he fact that a d po itor mak
bank do not authorize the bank t I pay it out of bis fund on dev.;;ior
fi. An alteratfon of an instrument a'. olds it only when it i. mate!::eept
fraudulent, an<l mad by the hold r. 7. A pr mis in "Titing to ceP1ia bill made itb r before or after it i drawn i de m cl an actual rectioll
·thali tbe
ance · to th person receivinJC th bill on the faith thereof.
rum nt J w, providing ~Pti:
137 of the Gniform • ' iabl I
destruction by tho dra" ee of a bill of .·chan~ left '1.ith him for rs ~
ance, or hi r fusal to r turn tne . m ~ ithm twenty-four hOU rnig:bt
tbo J1olddioIJ1 tJl8
deli\ery to him or ithin uch further p riod
allo • hould b deem d an ace ptanc of the bill, i omitte
jf()l'JJI
lllinois act.
t nd the Un
niform Partn hip
Partner blJ,. Th
Limited Partnership ct are In fore in Illlnol .
t~
'l.druini t:ration of .E. tat .)
Probate Lan. (
population of ~r JJJ
ct • In coun I having
Uecordln
ourt i e ofll lo the recb.oat 1nstrll"
60,000, the cl rk of th c.ircul
s to w
oth r COUllti • a "re ord r of cl~ ds" f el t d.
r p ctiv tit!
m n mu t b~ record d.
roaa
fate
13ln
BANKING AND COMMERCIAL LAWS-INDIANA
Replevin. The action lies for personal property wrongfully detained. 'l'he action may be brought in any county where Lhe property
is, or where any of t.he defendants reside or may be found. Before
the execution of the writ. the plaintiff, or some one in his behalf,
must, give the officer a bond with su.llicient security ta real estate
owner of the county is generally required) in double the value of the
property.
Sales. The Uniform Sales Act has been adopted in Illinois.
Sales in Bulle. Sales of the major part or all of a stock in trade,
chattels or fixtw-es not in the ordinary course of business, are fraudulent and void as to directors unless the buyer obtains from the seller
an affidavit giving a list of his creditors with addresse and amounts
due each, and the buyer, five days before payment, gives notice tc
each creditor personally or by mail of the contemplated purchase.
'l'axes. All real and personal propeety in this State, including
moneys, credits, bonds, stocks, investments, shares of stock in corporations (see Corporations), and of banks doing business in this State,
is subject to taxation. Real and personal property is listed with the
County .Aslsessor and assessed between April 1st and June 1st as of
April 1st. The taxes are payable on or before l\1ay 1st of the ensuing
year; after which time penalties are added. There is an Inheritance
Tax Law, the rates varying according to the relationship of the heir,
devi<:ee. or legatee, and the amount of the legacies, ranging from 1 per
cent in the cases of widow and children, as to legacies exceeding $10,000
and not exceeding $50,000, to 15 per cent on large amounts bequeathed
to persons not related to the deceased exceeding ... 100.
Warehouse Receipts. The Uni.form Warehouse Receipts Law
is in force in Illinois.
. Wills. Every male over t,wenty-one, and female over eighteen,
1s competent to make a will. It must be signed by the testator or
by some person in his presence and by his direction. and att,ested in
his presence at his request by at least two witnesses. The witnesses
shoL1ld be disinterest,ed. A clevise to a witness is void unless the will
be otherwise duly attested by two witnesses exclusive of such person.
Where the subscrib:i.n!!; witne.·se are dead, secondary evidence of the
execution is admissible. The will is proved, aner notice to heirs a~d
legatees, in the county (or probate) court,, and may be contested, m
chancery. within one year after its probate. "\,ills or authenticate_d
copies, affectin!!; estate within this State. duly proved outside of this
State, in accordance with the law of the State where e. ecuted. accompanied with a certificate of t,he proper officer of that fact,, may be
recorded here. "\Vills executed and published out of this State may
be admitted to probate in any count~' in this State where the testator
l!ad lands or personal property upon like proof(},; if execnteq. and pubhshed here. whether or not tho ·will bas been first proha~ed. m anoth~r
st~te or county. The Uniform Foreign Probate Act _is_ m force in
lllmois. All originals wills, after being filed, must rern~m m !be office
of the county (or probate) court. Children may be d1s1nher1ted.
f
t
e
t
SYNOPSIS OF
t,
nt
of
THE LAWS OF INDIANA
iS
as
ut
or
er
RELATING TO
aY
BANKING AND COMMERCIAL USAGES
·ns
Prepared and Revised-by Messrs. PICKENS. M_ooRES, _DA vrnsoN
AND PICKENS, Attorneys at ,La;V, _Indianapohs.
(See Card in Attorneys List.)
:\.ll convey:>,nce· of real estate. except leases
Acknowledgn1ents
for le · than tllree yea·r,,,: must be in ~rritin~. and a~k1;1owlec_lg~d and
recorded at once, or they will not bmd third P!lrt1es. .withrn th~
State acknowledgments may be taken b~fore a Judge 01 clerk of. a
conrt of record. justice of the peace, auditor record~r,. notar:1: pu~l1~ 1:
member of the general assembly, or mayor of a CltJ, an~ ~n
dtates and territories before the like officers, or a coa~r'sio1~~ g{
c eects for Indiana. lil an;r foreign coun trf. Y, bi;fo~~owIEd~~~~t or
t tt ·t cl
.
onsular officer of the Umted States. 1 uc a
Proof is in some other than the English hmguage, or is 1.10 a es e
by such ofilcial seal, it must be acrompanie?- PY th~ certificate of a1:
~fficer of the United States. to the e:f!ect that, it is duly executed acclordl
lng to the laws of such foreign country, and that the officer bas e~aaauthority to certif:v to the proof or acknowledgment 3:nd the lll~3:Dll! 0
of his certificate if made in a. foreign language. Wife mu..<:t lom 1.~n
deeds and mortgao-es of husband's lands in order to carry er 1c~oate one-third il~terest in.husband's lands; / ~0 s~pa~~11eai~1~-:-st
. .
o-.gment of wife necessary m order to corn c~ 11er me
in husband's lands, although she must ac~o,~Icdge .. The certifying
.
Officer should state the date when his corunussion expires.
, J\cttons. The distinctions between Jaw and equ~ty are aho~ishe~
1
0
fc;" ~~ui~' ~~~ts.
{yhe statute provides but one form of actti 1!-· e
h. h
code. Non-resident plaintiffs mus giv
Except in Marion County, w 1c
t E t t
·
J\d-•-·.
·t court bas exclusive probate
has ••.uu1strat.lon o 's a es. 1.
ted in following
j . a separate probate court, the c rcm · ·
o~~lSdiction. ~ll cases o.f intestacy l~~e;; t[TcE.an3.' Largest residentr. 1.. Widow or widower .. ~- tration shall he granted in the
cou t creditor. Lett~rs of adnurus. h l ·taut at time of death. 2.
Where
Y. 1. Where mtestate wa.<: m a >~ h 'iea ·es asset
the State,
ll.ll ':ll'et. not, being in!-Jabitan~ of bt~e ~tas~alle die 'out
. he anted in any one
I Ill estate, not bemg an iIJ?a. 1 an ··.~ ·
maJ at ffme of death and
0~a"Ving assets in several counties, letter"
extend to all o'f the
th the counties in which such assets may
tadministration first _la,,fully grant~~cl woman without her busl>a~d~- Letters can:19t 1 ·sue to a rua~/makes husband jointly liable
executor of a decedent
With s <;onsent in Wl'ltlll~- ~uch cons! 1
ranted in this State
.
Preference 1s ~1ven to ,or
• w~fe.
11
it°t Ml mhabitant of State, 1f, before letters ar~t~d in another state,
heh" entitled to disox appeal's that, proper let,ters have been
trib81>~ there be resid_enu c1·editors.fle1;te~~ate. • ·o· action shall be
a-ainst, the decedent; but
hr u,tron, who are mhab1tants O t ~
th~~ht against an estate for an{. clalr:; d~i"e or not. shall file a succinct older th0reof, whether the c a1 1 tbe oillce of the clerk of the
co ·. and •'of\nite statement._ tbereo ~ the estate i · entitled, and
a.c~rt., ~et~mg forth all cre~hts .lo w~icrmant, bis a~ent, or attorney,
thaill1l),true~ b~~ t.l~e a!Ildav1ts ot the cla_d If claim- be secured by a
lien the c_la1m 1s Just and_ who~~ unpai0 rth. Tho claim mu.-.t be filed
•witi-i·the hen shall be part.1cul'.1Il~ fse/ / adminis rator' · appointment,
filed at, le· t thirty days
or ,1n. one year from 1h<1 not.ice O .·10
heri:.aunant must, pay cost.s; alhHl if t~t°et it shall he barred, except
t h c t; he final set,tlemen~ o~ t O es: ii he liahle to the extent of
th~\ 1?em,, de, is~ s and <11str1lmtees.~~fpaid ·reditor "\"\ho six months
an infant. nr ont of the
lll'i 1! 0Perty r0 e1ved by them, to ar~~ __
of J'ClllO\'al of disability,
fit-~ to th11 final set.\,)emont_ "?. 111 " 3
' e,-su lt t.o be brou~{ht w1Lh1n one ,
°
~~~f
wit
of
-t~u
·c·gn
g;;d
c:-;t
r-
~
tbfn
j~stl'll'
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
~:!ar
1
I
18.57
and if upon claim of non-resident creditor, within two years of the
settlement of the esta.te.
Affidavits may be taken before any offlce1· qualified to take ackuowledgments (see above). Date of expiration of officer's commbsion
must be certified.
Aliens. Resident aliens who have declared their .int.ention t,o
become citizens, may acquire, hold, and enjoy real estate, and may
convey, devise. mortgage, or otherwise encumber the same, in like
manner and with the same effect as citizens of this St.ate. Aliens,
whether resident or not, may own real estate not exceeding 320 acres
lands in excess of that amount they must convey within five years or
suffer escheat as to such excess.
Arrest for Debt. Defendant in a civil action may be arrested and
held to bail in the amount claimed, at any time before judgment, or
affidavit t,hat he is about to leave the State, taking with him property
subject to execution, with intent to delay or defraud the plaintiff
Bond is required of plaintiff.
Assi~nments and Insolvency. Any debtor may make a general
assignment of all property in trust for benefit of all bona fide credit;ors
This trus is administered under the direction of the county court.
Dividends are allowed on all claims allowed by the trustee or court.
Debtor is not discharged from his liabilities.
Attachment may issue against the property of a non-resident or
foreign corporation, and against any who may have disposed of, or be
about t,o dispose of, property, to cheat, hinder or delay credi!,01·s, or
against a creditor who conceals himself so that summ011s can n0t be
served upon him. An affidavit is re11uired, and a bond to pay damages if the proceedings be wrongful or oppressive. Creditors who file
under the ori11;inal attachment, before 1i.11al judgment, are required
to furnish a like affidavit and bond, and all share pro rnta in the
proceeds of the attached property. The wages of a resident hou.c,eholder, not exceeding one month at any one time. are exempt, so long as
debto1· remains in such employment. It is a misdemeanor to send
claims out; of the State to be collected by attachment. or garnishment,
when creditor. debtor, and person owing for earnings intended to
be reached are all within the juriRdiction of the court of this State.
The collection of claims so sent may be enjoined.
Banks, Private. Act of 1907 (in effect Dec. 1, 1907), regulating
private hanking applies to any one wno may use the word ''bank"
in his business. Capital must be at least $10,000, not more t,h an onethird of which may be invested in the bank building. All real estate
must bo held in name of bank. Bank cannot invest in real estate
except in realizing on doubtful claim. Statement must be filed with
state auditor showing copy of articles of partnership acknowledged
(one of t.110 partners to be resident of the state); location, amount
of capital. net worth of partners to be <iouhle capital paid in, names
of officers. List, of officers must be posted in bank. Two reports of
resources and liabilities are called for each year by auditor and published in local newspaper. Examination of bank made at, least
annually by auditor. Statement of property held in trust b~· bank
must be filed in county recorder's office. Depositors have lien on
assets. ,Jurisdiction over all persons interested is obtained by
process served on o1Ilcer in charge. Banks can not commence husiness
until chartered by State Charter Board. Banks cannot eslahlish
branches without first having obtained a charter from the State Charter
board.
Banks, Savings. Governed by a general statute which regulates
in minute detail the investments and c6uduct of business. Savings
banks may purchase, hold. and convey real estate for the following
purposes, and none ~tJ:i.er: For _the location of banking house; real
estat,e mortgaged to 1t m good faith for money loaned, or upon which
it shall have purchased a mortgage; real e. tat,e taken upon judgments
and decrees on behalf of the bank, or purchased to prevent loss on
claims hold by tbe bank.
Banks. State. Regulated by a general banking law . The auditor
of the state appoints a state bank examiner who shall not be a
director or other officer of the bank, and shall have power to make
a thorough examination into all the affairs of the bank. and, in doing
so, to examine any of the officers and agents thereof on oath. The
examinel' reports in detail the condition of the bank from time to
time. Tile state banks must make not, less than five reports each
year, verified by the president, or other managing agent, which
reports must exhibit the re ources and liabilities at the close of busine s on any past day to be by the auditor specified. The report so
required must be published in a newspaper where the bank is established, or, if there is no newspaper in the place. then ill one pub1:i.shed nearest thereto in the same county or an adjoining county.
The auditor may require special report: from any bank, whenever
in his judgment, it shall be necessary in order to a fu ll knowledge of
its condition. Any bank failing to make such report shall be suoject
to a penalty of $100 for each day that it delays to make and transmit
the same. All banks are empowered to execute trusts and act as
trustees.
On September 30, 1920 all duties, power and authority formerly
vested in the auditor of State as to banks of all kinds buidling and
loan a sociations, mortgage guarantee companies, rural loan and saving
associati )US, will be lodged in a Banking commissioner appointed by
the Governor and said Commissioner will be at the head of the Department of Banking a. separate branch of the State Government. All
laws relating to above named companies remain in full force and efl'ect.
Bills of Exchange and Promissory Notes. No grace is allowed.
Damages for protest on bills upon any peeson at any place out of
this State, but within the United States, 5 per cent on bills drawn
upon any person at any place without the United States, 10 per cent.
(See Negotiable Instruments.)
Rlue Sky Law (Enacted 1920). Whoever offers or advertises
securities for sale must file affidavit wiLh the Secretary of State of
the following facts: Addresses of all di.rectors and officers or partners,
and of all agents assisting in the sale of secw·ities, and natw·e of the
inte1·est of each; location of applicant's principal office, and principal office in the state; general character of applicant's business:
classes of property proposed to be dealt in, and purpose of the proposed issue of securities; itemized statement of applicant's financial
condition and balance sheet; applicant's proposed program for disposing of securities; copy of any security offered for sale, ancl of all
prospectuses or advertisements: statements of applicant's income,
expenses, and fixed charges for preceding year; detailed statement
of items of cash, property, se1·vices, patents, good will, and other
consideration for which securiUes have been or are to he issued in
payment. together with the amount of commission to be paid, and
how; amount of capital stock set aside as promotion stock, and a
statement from time to time as to the promot,ion stock issued: copy
of articles of partnership or incorporation, and other organization
papers of applicant; statement of the natm·e of trust, if acting as
trustee; copy of articles of incorporation, if incorporated: evidence
of authority to do busine s in the state of it,s organization; \C\Tit ton
consent that. it may be sued in the s1ate com·ts by process serYed on
Auditor of State.
The law extends to domestic as well a foreign investment compani~s. provides. for a st~te comn:ission 9f three to pa. ·s upon all
apphcations and issue certificates oi author1t)· to sell securities within
the state. 'f-he law gives plenary power to the Attorney General to
prevent certificate bolder from engaging in improper transaction -;
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
1858
BANKING A D COMMERCIAL LAWS-INDIANA
pro,ide for registration and license of all a.gent ·. exempt'! from the
proyf.·ions of t-he law municipal bonds and public ecuritie;;, ;ecurities of corporatioru, regulal·ed by a pubUc ,-,enice comm!·. ion or board
of any stato. securiti s of national bank and tho e helou~ing to or
pledged to national banks or other bank._ and trust companie. , building and loan associations or iw; 1rance companies. securities :mid at
judicial sales, bonds or notes .·ecur d by first mortgage upon real
estatl' o1fered for sale in bulk, securities of corporalioru organized
under act of Congres,,. Law doe. not apply to those buying and
selling securities acceptahle to . tate hanking authorities a. collateral
for loan· and appro,·ecl for hanks, trm,1: companies, and lmilding and
loan associations. The act docs not apply to tho disposal of securities
to a corporation or cerLi!lcate holder under the statute, nor to conveyanl'es or real estate. nor to the disposal of one's o\\ n properly, for
the owner's exclusiYe account; when such disposal is not made in
the course or continuing tran ·actions of a similar nature: is made
to an incorporator, anteeedcut, promoter, or one alread;\· holding the
fully paid stock of the Indiana. corporation i.·suing the property so
disposed of by it, or is maJe by the issuer of the 1>rnperty. o disposed
of, or to his transferee. and con ·ist. of nco-otiable notes for full value
for the s >le purpose of evidencing or extending the time of payment,
of the pri<'e of good.·, ware.·, and merchandbe dealt in by the i uer
in the ordinary cour ·e of busine.-s; eommerl'ial paper running Jes
trust company, bank. huilding
than twelve mouths, or is made to
and loan association, or a dealer in sueb property. TJ1e art docs
not apply to one who in a tru ·t capacity created by la\\ legally disposes of any property embraced within such trust: l.o an~: hank or
trust company selling a security for a certificate holclm· othl'r than
the issuer or unden1 rite!', at a commLsion of not over two per eent,
whern ·uch bank or trust company is not a regular cknler in ·uci1
securities: to one not the issuer who disposes of secm·ities to a c-ertiflcate holder under the act, or to a company which a a part of i s regular hm;iness deals in or holds suc.h securities; to pledg-c to ,;ell in the
ordinary course of businc.·s a security pledged to him as °'eeurity for
debt, in good faith and not to eYadc the ac-t: to the issuer under the
Indiana laws where the dispo ·al, in good faith and nut for e\ asion
of the act, is made for the ·ole ar:eount of the issue.1, without c-ommi.·sion, and at a total cxper1-e of not oycr two per cent c,f the proceeds, plus , ,iOO, and where no part, of the issue is in pa;1-,nent for
services, good will. or property located outside of Indiana.
Fees arc prescribed for . ervicos to be rendered and pe11alties for
violations of the act, and definitions of it· tenns are set forth in detail.
See .\cts 1920, Hpecial Hession, pp. 8:3 96.
Chattel :Mortgages. Chattel mortgage on personal property left
in the hands of the mortgagor with power to sell mu ·t stipulate that
the money received by t.he sale be applied to the payment of t~e
mortgage debt, and should be drawn in the form of an absolute bill
of sale. must be acknowledged in the same manner as prescribed for
the acknrnvledgments of deed, and recorded within ten days from
execution, and in the county where the mortgagor resides. An
as. ignment of goods, by way of mortgage. where such goods are not
delivered to the mortgagee. shall not be valid against any other person
than the partie thereto, unless such mortgage shall he acknowledged,
and reeorclecl within ten day after the execution thereof. "'here
delivery of the chattels to the mortgagee occurs at the time. record
is unnecessary. A mortgagee of household goods can not . ell mortgaged property except uucler a judicial proceeding in the circuit or
superior court. For certain re. rictions on the lending of money
on mortgage of household goods, . ee the •tJ.tutei:;.
Con,·evances. All conveyances, mortgages or lease.· for more than
three years shall be recorded a.nd take prioriLy according to time of
filing as against good faith purcha:-er, lessee or morta-agee. Lauds in
this ··tatc may be taken. held, conveyed. devi eel, or pa.·sed hy
descent, by 01· from any citizen of the Cnited States; or hy or from
any alien (see Aliens), with ·ome provided exception as to <tescent
or devise. Lands which may lnve come by clescent or purcha e to
the wife of an alien, may be held, com·eyed. devised and pa . eel by
descent by and from her, notwithstanding the fact of her rc.o;idence
wit,h her husband in a foreiITTI tate or country.
Except bona-fide leas s for a t,erm not exceeding three years, ·onveyance of lands, or of any interest therein, mu t bo by deed, uhscribed, and acknowledi;ed by the grantor or by hi.· a torney in faet.
The joint deed of a husband and wife is sufficient to pa·· the lands
of the wife. };~xcept in a es of mortgages, conveyances i11 trust,
convevancns to hu.·band and wife, and case.- of estates vested in
executors or tl'Ustees. as such, and so held by them in joint tenancy,
all conveyances and deyise · of lands, or of any intere.! t therein, made
to two or more persons, shall be construed to create estates in c:ommon, and not in joint tenan y, unless it shall he e_xpr_e~ed tllercin
that the grantees or deYi ees shall bold the same Ill Jomt tenancy
and to the survivor of them, or it. shall manifestly appear from tenor
of i•strument, that, it was intended to create an estate in joint tenaney.
A deed of release or quit-claim hall p~·s all the ·tate , ·hich the
grantor could convey by a d('ed of bargain and ·ale. If it be the
intention of the grantor to com ey any lesser ·tate i must be so
expre.- ed in the deed. Liability on lineal and collateral wa1Tantie:
is expressly abolished: a covenant, or agreement of an;\· person leav~
heirs and devisees answerable thereon only to the extent of property
descended or de-\ised to them. Any conveyance of land worded" A. B. conveys and warrants to C'. D. (he:e describe the premises)
for the sum of (here insert the consideration)," or" A. n. quit-claims
to C. D. (here describe the premises) for the sum of (here in. ert tbe
consideration), "-the ·ame being dated, and duly signed and ack11owledged bt the grantor,-shall, in the one case. be a com·eyance in fee
simple to t-he grantee, bis heirs and a.,<;signs, with covenant from the
grantor for himself and his heirs and personal reprc entatives that
he is lawfully ·eized of thu premises, has good right to convey the
same, and guarantee· the quiet po. session thereof. that the ame al'e
free from all incumbrances, and that he \\ill warrant and defend the
title of the same against all lawful claims; and shall. in the other
case, be deemed to be a good and sufllcient conveyance in quit-claim
to the grantee, his heirs and assign·. Any mortgage of lands worded
- " .A. B. mortgages and warrant.- to . D. (here deseribe the premi:· :<)
to secure the repayment of (here recite the sum for which the mortgage
is granted or the note or other eYidences of debt, or a de -ription
thereof, sought to be ecure<l, also the date of the repa:ment "-the
same being dated and duly signect and acknowled~ed 1,y the grantor
-is a suJJicient mortgaii:e to the grantee, his heir. , a.·signs, execnt.ors
and administrators, ·w ith warranty from the grantor an<l l.tis le..,.al
representatives of title perfect a.ml unincuwl>ered in th grantur.
When a deed purports to convey absolutely a y e. tate in land., but
is ma.de, or intended to be ma.de, defeai ible by force of a de <I of
defeasance, bon<l or other instrument for that 1mrpo- , tho orirrina.l
conveyance shall not thereby be defeated or affected a· a"'ain ·t any
person otlJer than the maker of the clefea.sance, or his heirs or devl. ees.
or persons ha,·ing- actual notic-e thereof, unle. the instrument of
defoasance shall have been recorded, according to law, witl1in ninety
days after the elate of said deed. Every conveyanc or mortgago of
lands, or of any interest th rein, and every lease for more than three
years, shall be deemed fraudulent and void as against any ub, 1uent
purchaser, leiL.sec or mortgagee in good faith and for a valuable consideration, unle. recorded in the r t·order's office of the count~· where
such lands a.re situated. C:eo Acknowledgments, ~Iarried " 'omen.)
When either the husband or wife is of unsound mind tl)e p· rty
with the ound mind can either Join in the guardian' d ed or make
his separate de d and the effect would he the same s a joint deed of
husband and wife both of whom are of sound mind.
Corporation_. Dome, tic orpm·ations. C'orpora.tlon,; a.re c-reated
only under general statute.-. This is done l y mean,; of article. of
a;..sociation, filed with the secretary of state, and the recorder or clerk
of the county, a provided by statute. The liability of stockholders
varies according to the nature of the corporation in question and the
law under "hich it was organized. In the corporations which were
in e ·istence ~ ovember 1, 1 51, and which accepted the terms of the
act of :\larch G, 1 83, stock.holders are liable, in case of insolYency,
for a sum at, least equal to amount of stock held at time the debt
was contracted. In most corporations, stockholders who haYe paid
for their .-tock are not liable for debts of the company. However,
there is liability in some case: for labor and services of employes.
Shares of capital stock in a priYate corporat-ion are s:1hject to attachment. Annual reports must be filed in .June with tl..c 'ecretary of
State.
Foreign Corporations. Agents of foreign corporations, before
enterin" upon the duties of their agency in this 8tate. shall depo:-it
in the clerk's olllce of the county, where they propose doing business,
the power of att-orney, or appointment, under which they act. They
shall also flle a duly authenticated order, resolution or other sufficient
authority of the board of director. authorizing citizens or residents
of this . tate having a. demand ae:ain ·t such corporation arising out
ith such agents to maintain a
of any transaction in this tate
action in respect to the same in any court of this State of competent
jurisdiction, . nd authorizing service of proce.- · on such a1<ent, and
that such service .-hall authorize judgment and all other proceedings
against uch corporation.-. 13y act of rn1a. foreii:m corporations
must file with auditor of State ce1·tifled copy of vote of direct<n·s
consenting to a<'cept sen ice of summons on auditor of State as summons on corporation. If forpign corporation has no a.gent "ithin
tate, summon: may he served on Auditor of ttate. who shall notify
corporatio'l. ('ontracts made hy . uch azents shall not be enforced
in any court of this 'tate until therP. ha<: been a compliance with
the ahove provisions. Failure of a forel!m corporation to comply
\\it.l1 these pro\'i ions will not har-hut ,\ill ahato su<·h action. Any
person who shall, directly or indirectly, receive or transmit money
or property to or for such corporation, or make any contract. or
tran a<·t any bu •iness for or on account of any .-uch corporation.
shall be deemed agent. Thi.· provi.·lon does not apply, however,
to person acting as agent· for a p clal or temporary purpose or for
purposP.s not within the ordinary busine ·, nor does it apply to
attorneys at law. Any person acting as a.gent of a foreign corpora-
\°;1
1
s
d
d
d
d
ir
0
;cJn~r i~e~~s;' ;~~ n~r1fc _wif:a~he5i~re1~i1li1ir~t
~_ii~?on:.h~ t~1t;/e
was enacted that: gyery foreill,'n corporation now doing or transacting, or that shall hereafter do or transact. any business in this
t.ate. or acquire any right, title or intere ·t in or lien upon real estate
in this State. that shall transfer or cause to be transferi·ed from any
eourt of thi.· ~ tate to any court of the United • tates, save by regular
course of a.pp a.I after trial in the tate courl.. any action commenced
by or against such (·orporation in any court of this tate by or against
any citizen or resident thereof: or that shall commence in any c0tu·t
of the l nited Stat " in thi · 'tate, on any contract. made in this
, tate, or liahllity accrued therein, any .-ult or action against anY
cit.izen or re..;idont of the ta.te of Indiana, shall thereby forfeit all
right and authority to clo or tran. a.ct bu,ine. in Lhh State, or hold
real property or liens thereon, and all contract be ween such corporations and citizPns and r ,ident." of th!· • tato made after the
passage of this act sball be rendered Yoid. as in fayor of such corporations. but enforceable b3• such citizen at hi. election. 'l'he provisions of the foregoing section are made comlitions upon which
such corporations may be authorized to do bu inc··. or hold title.- to,
or liens on, real estate in this .'tate. Dy the act of 1001. foreign
corporations are required to designate an agent in thi.- .'tate upon
whom le•;al proce:.- may he ~erved; to have an office where proper
books of account may be kept. By act of t 07 foreign corporations
de. iring ad mis. ·ion to state mu t make verif!ed tatement to secredtan· of . tate showing: article,-, of incorporation, husiness intende.
to pur.-ue, capital stock, proportion of it bu·lne·,; carried on in this
·tate, amount pa.lei in on capita.I tock, and an wers to other interrogatories propound d hy the ecreta.ry of ,·tale. and .-hall pay ba
fee of 2.; on fir t 10,000 of as'>e used in l 1diana., 10 for eac
nnual report mu he fll d in .January and fee
additional 10,000.
of I pai<I. Foreign corporation.- may not hold real estate oxceptt
imch as may be nee .."ary for proper carrying on of its legitima e
bnsinC! .
Court. . Terms and Jurisdiction. The circuit court is the onlY
court of original general civil jurl diction in the State. It ha.-; rull
probate powers, except in larion <. ounty, ~-here there is a sepa.rate
tahli hed in man 1
probate court. . uperior court· h1n e been
<'ountie ·. .Justice'· juri-:diction, 200. P:1rty may coufe.-s judg111~n~
00. "-hen a written obligatio~1 ,o
before a ju ice of the peace for
mone:r bind more than one party the ju ·tice or the pea<'e ma)' l; 1158
proc~ '> to con table of any cou11ty in the ..::tatc where p,irt.y re<:1t1~ ·
The suprem court has no oriirinal jurisdiction. It. il · at Imlianapolis.
Tl1e appellate court bar final jurisdiction in many ca e .
L
1
na:r.s of Grace are no longer recog'ni,rnd.
Dc1,o ltion"I. Deposition. may be ta.ken ru1ywhere in tile Unit6'!
' ta.tes without a COlllllli. ion, before any judge, justice of the
notary public, mayor, c_, • record •r of a city, !'lerk of a court of rec~ r~
or commls.-ioner appointed by the court to tnke clepo. it ions. 1 ~
, on taking clepo ition 1 ust no he of kin to either party or intcre~all
in the action. When ·taken oub Jde of the l'nited States theY' s 1·tb
be taken pur.-uant to an order of the court, und •r a coomli:sion, : as
such reasonable notice of the time and place of taking the sain bY
the court ·ball require. and hey .·hall be certified and return~d0 tlc6
rse
the cornmiS:donor in ;uch manner ~ the court shall direct.
of the t:aking of the depo ition . hould be . rYed upon tlw adv! of
party or his attorney, .specifyin!? the cau. , the court or tri)?un~
of the w1tne rn·
trial, the timo and place of ta.king, and the nam
Reasonable time .·hall be allow •d for th attorney . o served to coud·
de·
municat.e ilh the cllent, and for travel to tho place of taking, ,
ing the day f rvice. of the taking and lnterv ning ·undays. 1 n1ned
pone.nt. hall be first sworn according to In • H shall tllen be a,caI 011 bY
by the party producin!? him, and then hy the a.dvei. e party, and th t,be
the ofllcer, if he ee cause. The depo ition hall be written down l>~nce
officer, by tho d ponent, or by ·ome di inter t d per ·on, fn the pr~ been
and under the dire tion of the officer, and after the . arne l_ias fa,etB
car fully r ad .·hall h sub erlbed by cl pon nt. The foJ1<nv1ng 'fb&t
hall be ated in a certificate to b annex cl by the oflk •r: hi. depO_;
, orn accorcllng to law. 2. By whom ~ e esfec!
the cl pon nt , a
Titt n, and if written by deponent or ome di~1nt~r011 of
sition m
written in the pr ence and under he d1~fh~ time
person. that It "
·uc&~•
the om er. 3. , 11ethcr tbe ad\er: e p. rty nttendecl. -1.
and plac of ta.kin•, a.n<I the officer ha.II ign and att st the certlai }1iS
and .-ea! tho ame, if he have a eal of office. If he have 110 60 r'
certificate shall be authenticated b • the ertificat and s~ 1 wltlcb
clerk or prothonotary of any court of r cord of the countY 1j of tbe
certificate hall be auth nticated by the certificate and ·e~ wbicb
tbe
clerk or prothonotary of any court of record of the countY
tltc dutie of hi omc~. •r1tc ollkcr ta iinself,
the offic r o.-erci.5
clepo ition hall . al the same in a ufllcl nt cm·clope an1 1-~ wwcb
t.be clerk. of the cour _ of tb 8
po t, or cxpre "· or d Ii 'r th•. am
the ac Ion i p nding, endo lng on th emelope the nam~~ons !ll' 8
, ho~~ deposit;ter tbe
partie;; and of the court rnl of the itn
enclo ed. Adjournm n , may b had from day to daY a
p~~a
1
~t~
1
Int
l n act
Banie
lllore
Contr
~ndh ii
as
on ju
fates
f we
•tno
mng
on de
defe~
Obtain
Court
Of filin
Copy
States
deposition has been begun, and for longer period . upon written consent of the parties, which 'I\ rit,ten consent must be attached to the
deposition. Adjournments should be note<l at the place in the
deposition when they oc~ur. A narrative form may he u. ed. A
w-ft.ness identifying a written in trument should attach it to his
deposition, making it a part of bis ans er.
Descent. The real and per onal property of any intestate shall
de cend to hb or her children equally; and po thumou children
inherit equally with those horn before the death of the ancestor.
Children of deceased children take the hare ~bich would have
de cended to tho father or mother and grandchildren, and more
remote de~cendants, and otl1er relath·es, lineal and collateral, inherit
by the same rule, excepting that if the heirs are all grandchildren
they inherit equally. 1Yhere there are no heirs as aforesaid, onehalf of the estate goes to the father and mother a..,; joint tenants, or
to the survivor, and the other half to the brother and sisters, and
to the descendants of such as are dead, as tenants in common. If
there be neither father nor mother, the brothers and sisters, and
the other descendants, t.ake the estate as tenallt:; in common; or,
pe_r contra, the fat.her and mother as joint tenants of the survivor.
Kmdred of the half-blood inherit equally , ith those of the wholeh looq. in property pw·chased by the ancestor; o her, ie, a to property
acqmred by gift, devise, or de ·cent. Illegitimate cllildren inherit
from the mother same a. if they ,·ere lef?itimatn, and vice versa.
Tenancy by the curtesy and dower are ab )!ished, and widows take
the property i worth
one-third of tho real estate in fee simple, uni
over 10,000, in which case, as against creditor... he take one-fourth
only; and where the real e ·tate i worth ov r 20.000, one-fifth only
!IS against credito~. but as against other heir· she take· one-third
of value, except , here there is but one
m . fee . imple, reg:irdle
C~lld, in which case each inherits one-half. .A sec-ond or ubsequent
wbife, however, takes only a life estate in bet· husband's lan<ls, if there
~ a child or children by a previous marriage, and none by such
Widow. Other special provisions of the statute are too extensive to
set out. The est.ate of a per on dying intcstat without kindred
capable of inheriting will escheat to the State for the support of the
common schools.
Dower. (See :Married "\\'omen.)
Executions may issue at any tin1e within ten years after judgFent and are returnable in 180 days. :From a court of record ma~
~ue_ to any county in the , tate. Are a lien on,P r onal property
WiTtbm the county from the time they are placed m baml:· of officer.
he liens upon pm·sonal property attach in the order in which the
offlc~r receiYe · them. When levy is upon real estate the date· of
tthhe Judgment control the right to participate in the proceeds, and
ey must be applied according to their priority. Personal property
t~k~n in execution may be left with execution _defendant by the
givmg to tbe officer of a delivery bond with sufficient surety; debtor
Inay, by giving sufllcient freehold sureties, hli\·e a stay of execution
on any sum exceeding SlOO, for six months. "There the sum is less
than $100, the stay is not so long, varying with am_ou!'.lt of judgment.
L ands sold under execution may be redeemed wnhm one year by
the o~vner, mortgagee or person havin~ a lien thereo~, th~ owner
retairung possession dw·ing the redempt10n year and bemg liable for
reasonable rents and profits in case of failure to redeem.
Exemptions. Property up to 600 i exempt in suits on contract
Where debtor is a resident householder. R ·ident householder is
entitled to exemption a.s well when in tran it with hi family 1and
Property as when permanently ettled. The dehtor must file a . 1eduhle of·au of hi property an·d select the propP,rty claimed, which is
t en appraised. C'ontra'ct waiving exemption i. void. Ponsi!)n
ID.on~y in transit to pensioner is exempt, but when receiYed by hrm
tnd ID vested in ol her property is no more so than any other property.
ne mouth's wages also exempt if the debtor 1· till employed.
Fraud. Assignments, in writing or otherwise, of an_Y propert.y
lllade or sufl'ered with intent to hinder, or defrau~ are \:01d as to ~he
ro11-~~i,_defrauded. The question of fraudulent mtent IS a quest10n
Frauds-Statute of. The followin~ contract , if enforceable in court,
lllust be in writing and signed by the party to be c9-ar,.\'ed: .1. To
charge an executor or administrator, upon any special promi e, to
&nswer damages out, of his own estate. 2. 'l'o charg-e any pers~n,
Upon any special promise to answer for the debt, default, or nusCal'riage ·or another. :1. To charge any person, upon any agreement
or Promise, made in consideration of marriage. 4. Upon any contract for the sale of land (except, loan not exceeding the terD?, of three
Years). r,. epon any agreement not to be performed ,nthlD_ one
.Year from the making thereof. 6. Sale 9f good exceeding oO in
Yalue, unless part payment or part delivery be made. 7. Up9n
&nby representation made ~oncernmg the character, conduct, credit,
a llity, trade or dealings of any other person.
Garnishment. (See ttachment.) Ga_rnithI!l~nt i · a re1:1edy in
'Upon anv personal action ar1smg out of contract
&id of attachment
&J:ly P~rson may ·be summoned as a garni. he_e defendant upon an
&ffl.davit that official ha.'> good reason to believe t_hat any perso_n
tl&Jn.ed has property of the defendant in hi. poss ion or under h!S
control, or that he is indebted to the defendant, or has control or
8.gency of money, property, credits, or effects; that heh~ any share
or interest in the stock of any association or cor~oration,. and all
0 uey or property in the bands of the garnish~ detend~nt 1s bound
rom the time the summons is served upon him. R~ident householders are entitled to an exemption of 600 in garrushment proC8ed!ngs, as in all other cases. Wages of non-residents, to the amou~t
Of 325, and of resident householders to the extent of one months
:!_ages. are exempt &rom e ecution so long as ,the defendant remains
"" the employ of the 11:arnisbee. Indiana clanns can D!)t ~ega!lY be
mst1tuted
Bent or taken out of the state for pro ecution. and ~u!
eJseffWhere in violation of this prohibition may be enJomed and the
0
ender he criminally prosecuted.
llollday . ( ee Legal Holidays.)
llu band and Wife. (See Married Women.)
Inheritance Tax. (See Taxes.)
The legal rate is 6 per cent, but interest n:iay be taken
1n Interest
advance: No agreement to pay a _hi~er rate is ,·ahd unless the
ll&rn.e he in Wl'itinp;, and in such ca.c;e it 1s not !awful to contract for
tnore than 8 per cent When a greater rate i contract~ for, ,the
interest in exce of 6 per cent, JS usurious
contract is void as to
f'11d illegal, and the excess may be recou~ed,by the debtor whenever
t has been reser ed or paid before the brmgmit,of the suit. Interest
on judgm ts runs from the date of the verdict: or finding, at the
specified in the original contract, n?t exc~mg 6 per cent, and
no contract has been made 6 per cent JS allowed.
d. ludKtnent of courts of record are a lien upon all real e ·tate of
otttaendant ,~ithin the couutv for ten years. Judghm_enbt m1:-y edbe
een serv
a
f the court after proc
ined at tl fl
da' thereof. Jud •mont in justice
le rst f;erm o
on debto
COUrt b r ten day~ prior to the tlrst f ~ dgment defendant from time
A certified
court.
circuit
of
gle~~
e.state
re~l
l_ien.on
a
Of ftltn ecomes
COpy oi a tra~cr1pt m office of the the circ-uit court of the nited
States r any Judgment r~ndered byb filed with the county clerk.
•Or district of Indiana may e
f
all
ftte
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
1
Legal Holidays as to commercial paper are as follows: 'l'he first
day of the week, commonly called Sunday; the 1st day of January;
the 4tn day of .Tuly; the 25th day of December; any day appointed
hy tho president or governor for public fasting or thauksg1ving; 12th
daJ of February; 22d day of February; 30th clay of :\Ia ..-; first Monday of September; 12th day of October: and an:v election day; wh n
any holiday (other than unday) com on Sunday the 1 Ionday next
succeeding shall be the legal holida.; Sat,urday afternoon is a legal
half-holiday in the city of Indianapoli and may he made so by act
of bankers in other cities of over 35,000 population.
Li~n. . ;Liens a_re granted by tatute to attornoys; to p~rsons
holdmg claim.s agamst watercraft on account of supplies furnished or
work done; also for domands for damages arising out of freight contracts, or for willfulness or negligence of the master, o" ner. or agent,
or out of any contract relating to tran portation, and for injuries to
persons or property; also to employes of any co1·poratfon as against
any of its corporate property or earnings for labor done; also to
keepers of livery stables and all pori-ons engaged in feeding stock, for
the feed and care bestowed upon the ~ame, also to blacksmiths; also to
contractors, sub-contractors, mechamcs, journeymen, laborers, and all
rforming labor or furnishing material or machinery for
personi::
erecting, laboring, rPpairing or removing any house, mill. manufactory
or other building, bridge, reserYoir, system of ,~ater-works or other
struct,ure, known as a mechanic'. lien; also to bailees ancl tradesmen
for their yalid and rea~onable charges in the ronstruction, repair,
01· alteration of any article of value; al o to the bailee or keeper of
personal propert,y for any feed or care bestowed by him upc;n such
property; special lien for storage or repair of motor Yehicle ; also to
forwarding and commt· ion merchants on goods which ma,, have
remained in _store for on~ year or _more; also to all persons, firms
and corporat10ns engaged m tbe busmess of storing, warehousing and
forwarding, goods remaining in possession of such person, firm or
corporation for more than six months may be sold at public auC'tion
to pay amount of lien. Persons storing, furnishing supplies or repairing a motor vehicle or garage owners hav:e lien on motor vehicle
l~il~y;:
1
i~~~~~; r~~~~a. ei1;c~~?~Zofi~~t~}n111! ~r~~cotgg~pt;ig~t ~se~rir~;
liens are required to be recorded, and also in ca es where real estate i
nless so recorded the bringing
seized by attachment or execution.
suits does not operate as a con tructive notice.
Limitations to Suits. Actions for injury to person and character
and for statutory penalty or forfeiture, two years; against public
officers relating to their official duties, and on public improvement
assessments, five years; open accounts and contracts not in writing
for use, rents and profits of real est.ate, injuries to and detent,ion of
property, recovery of personal property and relief against frauds, six
years; upon promissory notes, bills of exchange and other written
cont.racts for payment of money, ten years; actions not limited by
statute, fifteen years; other written contracts, judgments of courts of
record and real act-ions, twenty years. Revivor: part pavment or
new promise in writing. Except in fa,·or of sureties, the statute of
limitations doe~ not run against the 'tat,e.
l\larried lVon1en control their real and personal propertv. The
bu. hand is liable for the wife's debts cont.ractecl before ma,riage to
tho extent of the personal property he may receive from her and no
further, and her lands are liable for• such indobtednes:. A 'married
woman may devise her separate estate; m11:y sell and transfer her separate personal property; carry on any busmess, labor, or service and
receive the earnings accruing therefrom; enter into any contract in
regard to her separate personal estate hu~ine. s, labor, or service, and
her separate estate, real and personal, be liable tbeL'efor, the same as a
femme sole; and her husband is not liable for such debts nor for
indebtedness created by the wife for improvement of her' separate
real estate. She can make lea.-;es of real estate for t,erms of three
ye·1r · or less, and execute mortgage to secure purdrns money wit,hout. husband joining. She is bound hy covenants of t.itle in conveyances of her separate real estate. Her deed conveying her real estate
her husband not joining, is absolutely vuicl. She may sue as a femme
sole for any dama"e to her person or character. She is bound in
like manner as principal on her official bond. Disability as to suretyship has been abolished. therefore. in making loans to married women
it is not necessary for her to make an aflldaYit that t e money used
is for her own benefit. She is entitled t-0 hold as oxen pt from ·execution in any suit on contract property to the amount of $GOO. A widow
takes one-third of her deceased husband's real estate in fee, and free
from all demands of creditors, where the estate does not, exceed 10,000;
one-fourth, if under $20,000, and 011e-flftl1, if above that. amount.
Hhe also takes a child's interest, in the personality where the 1mmber
of children does not exceed two, and where there are more than two,
her interest shall not be less than one-third of the waole of personalty
after I ment of debts, and in all cases takes 500 without accounting,
and may occupy the dwelling of forty acres of her husband's land for
a year, rent free. But the one-third of her real estate which the
widow tak~s in fee, can not, upon her marrying again, be effectively
conveyed or mortgaged by her, if there be a child or children, or their
descendants, alive by the previous marriage. Heal estate which
husband and wife bold by title made to them as husband and wife
is held as an estate by entirety; it cannot be taken for the debt of
either: is not subject to the lien of a judgment against either, except
in case of the death of either or upon dhorce granted, when the estate
ic; destroyed and becomes subject to levy and sale; and a mortgage
thereof by them both for a debt of the husband has no legal validity.
Mortga~es. (See Conveyances.)
Negotiable Instruments are defined by Chapter 63 of the Acts
of 1913. Section 1 provides that an instrument to be negotiable must
conform to the following requirements:
1. It must be in writing and signed by the maker or drawer.
2. Must contain an w1Conditional promise or order to pay acertain sum in money.
3. .Must be payable on demand, or at a fixed or determinable
future time.
4. Must be payable to order or to bearer.
5. Where the instrument is addre. ed to a drawee, he must be
named or ot,herwise indicated therein with rea: onable certainty.
Its neiotiability is not affected by a provision which authorizes
the sale of collateral securities in case the instrument is not paid at
maturity, or authorizes a confe · ·ion of judgment if the instrument
be not paid at maturity, or waives the benefit of any law intended for
the advantage of the ohligor, or f(ive: the holder an election to require
something to ,be done in lieu of the payment. of money,
To charge mdorser notice of non-i,ayment mu:t be gh'en to him at
once, unless waived by him.
Every negotiable instrument is payable at the time fixed therein
~ithout g!'$\~e. Where day of maturit_y falls on Sunday or a holiday,
mstrument 1s payable on next succecctmg busine. s day. Instruments
payable on Saturdays are to be presented for payment on next succeed0
1
fl!~
~~~t';n;;~ t~
~vh1;;;:e;~nlu~~~:~iss~~nd~1~i3 g~~x;ago~~~
upon the real estate situated in such count.y for a period of ten years
from the rendition thereof, and judgments rendered in the federal
courts are a lien upon any real ei::tate in the State for the same period.
Provi ·ion is made by statute. however, for the filing in the county
wheL'e the real estate is situated of a transr.ript of any judgment
rendered in the nited States c-ourts. The offke of the clerk of the
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
BANKING AND COMMERCIAL LAWS-IOWA
mg business day, except, that demand instruments may btl presented
for payment before noon 'aturday when that entire day is noL a holiday .
In any case not, provided for in the act the law merchant governs,
and all laws in conflict are repealed.
Act does not apply to negotiable instruments made and delivered
before April, I 9 J 3.
Power of Attorney muc"t, be exec·uted and acknowled~ed, and (if
for the con\'eyance of real estate, or to afl'oct real estate) recorded, in
tbe .·ame manner that deeds are maue.
Probate Law. (See Administration of Estates.)
Protest. The statutory damages on such protest are 5 per cent
on the principal of a bill of exchange, if drawn or negotiated within
this State, upon any person, at any place out of this State, but within
the United 'tates, and 10 per cent if upon any person, at any place
without the United States.
Replevin. 'iVhen any per:,onal property is wrongfullv taken or
unlawfully detained. or, if taken on execution or att achment. is
claimed by a third party, the owner or claimant may hrin" an action
for po ession thereof. Ile ma)· claim immediate d •Ii ·ery upon
affidavit therefor, whereupon the ·uerill take· po-.. f':sion of the
property, and if delivery bond is given on behalf of the def ndant
wit.bin twenty-four hom·s, the property is returned to him, otherwise
the plaintiff may give boud and takl! the property; failing to do so
it is returned to the defendant.. The plaintill has twenty-four hours
in which to file bond. ,Jw;tices of the peace have jurisdiction in
reple\in suits involving prop~rt,y worth 200 or le ·s. Procedure is
samo before ju-.tice of the peace, exrept that the plaintitf must file
bond in all such cases. HcplOYin ma.>" also be had without bond. by
allowing defendant to retain possc-.sion of property pending suit.
Suits. (, ee Actions.)
Taxes. State, cow1ty, town. hip. municipal. school, and road taxes
attach as a lien on real estate on larch 1st of each year, and penalties
attach on fir ·t l\.londa.y in :\lay in the next year. Ono-half of all
taxes may he paid without penalty, if paid before first ~ londay of
::\fay; other half, if paid before flrst ~Ionday of _Tovemher provided
that all war taxes charged shall be included in the first installment,.
Sales of real estate for taxes are held on the econd :\Ionda:r of February, and all lands on which taxes are delinquent for t,\o years are
otrerecl. Owner has two years in whi h to redeem, by paying the
amount set forth in the cerlificate of purchase with all sub.·equeut
taxes paid, and 10 to 25 per cent upon the whole sum, with legal interest
from the date of purchase or payment. Lands are sold for one year's
delinquency, but the following year's ta.· (not yet delinquen';) is
embraced in the amount of the sale. .\n inheritanc tax. graduated
in amount according to the amount invol\·ed, and the relation of the
beneficiaries to the decedent, i:,; levied upon all intangible or tangible
proper of resident decedent. and upon tangible proper of non-resident
decedent. Tax applies as well to crifts made in anticipation of death.
to take effect at that timo. lnlleritance taxes do not apply to the
transfer of the estate of any decedent 1 aving an estate of le,·. than
25,000, dying or who ha,· died while in the military or naval for,·es
of the United States during the World War or within ono year after
the termination of the war. (Revision of the tax laws made hy l!Jl9
Legislature and for further information reference should be made to
the Acts 1919.)
·wills. ... uncupative will-;, where property of more than tht: value
of $100 i bequeathed, are not valid, ec cept iis to the personal property
and wages of soldiers and sailors in actual service. A uuncupative
will must be reduced to writing within fifteen days after it shall have
been declared and proved by two competent witnesses who shall have
heard the testator request . ome of tho ·e pt•esent to bear witne s
thereto. No will in "Titing is ralid unle ·s signed in the pre.-ence of
two or more witnesses b:r the te tator, or by some one for him in his
presence, with his consent, and atte.·ted and subscribed by two or
more witnesses at his reque ·t. and in his presence and that of each
other. ,vrn made hefore marriage become. void on marriage.
ized to adminLter oaths. who may cause th person to come before
him and make ailidavit. This proceedin"' I.· s atutory and must conform strictly to the statute"· of Iowa.
tate of . .. .... .... . . .
Affidavits for proving accounts and form:
County of .. . ... .... s, I. . ... . . .. . being first duly . worn. on oath
1
-m~rt~~
t:ri~~i~ugr;;t{~t~ ~'~~r(~/1l~~l~~~o~~1lhheel~~~ a~~~ched:
exhibit A, and made a part hereof, that the ame is correct in all
particulars and that the articles named therein were sold and delivered
to said .• .. . ... . . at the price· and times therein named and a~reed
upon, and that . aid articles were rea.·onably of the value charged,
and that the said account is due and unpaid. That there is no legal
set o.cr or credit to the same or any part t-h ercof c.rcept as herein stated.
. this ....
Subscribed and s\\ orn to before me, by the said . . . .
day, etc.
1
SYNOPSIS OF
THE LAWS OF IOWA
REL\.TL'G TO
BANKING AND COMMERCIAL USAGES
Revced by B. J. C.Av.A::o..rnu, Attorney at Law, Des
( ee Card in Attorneys' List.)
Sei
Joines.
Ac·counts and Claim-; of. .~tatements of account, for use in
court or for proof in th s tlemcnt of e-.tates of cl · a.scd and in
tatement
guardianship matter.. must b Itemized , nd ,·erilled.
of "balan ·o," or ''goods," or "merchandise" is not. ufficien.
Acknowledgment~. All instruments affeeting real e tato, including mortgages. deeds of trus , powers of attorney relatln~ thereto,
and leases for more than ono year, mus be ackno"le<l"ed or the
execution thereof proved, and the instrument mu ·t, be r 'l' rded in
the prOPL'r ottke, as so to afte ·t third parti s. The ame i - al o
true as to bills of sale. ab·olutc or conditional, and chatt I mortii:ag s
relating to personal property. ArticlPs nl' incorporation must also be
acknowkdged and recorded. 1'he forms of acknowl <kment and
the officer.·, within and \\ithont the :-:ltato, before whom .·uC'.h a ·know!•
edgment. may be made are pr crib d by ·ta.tute.
Actions. The common law form,, of pleading ar' not U;· <I,
although the common law forms the ba. is of pro('cdure. Pleading,
practice, and procedure are tatutory, and accord, in the main,
with what i · known as the reformed, or code pro edure.
Ad mini tration ot Estate . ·where an executor i:· not appointed
by will, administration shall be granted: I. To the pon. of the
deceased. 2. To the next of kin. 3. To ereditors. -1. 'l'o any other
'laims a~ain ·t the e tate of a
person whom the court may .·elect.
deceased person are payable in the follo\\ i11g order: 1. Debt· ontitle<l
to a prefcrenc under the la · of the Unit" " tate . :!. Public
rate · and taxe:". 3. C'laim filed within six 11.onth.: fter tJ1e first
publication of the notice gh en by the exe<'utor. or admini trato
of their appointment. 4 . .1\ll other d •hts. 5. I..ezack· and di. not
tributive shar . All <'!aims of the fourth of tht> above cl s
filed and allowed, or if fllert and 110tice thereof not ..; rvetl , ·ithin
tw Ive months from th i:rh1ng or th , notice of appoint:m nt are
barred, exc pt as to action a ainst dee dent pending in tb di. tri t
or upreme (·nurt at the time of his cfeath, or uni• peculJar circumstances entitle the claimant to quitable relief.
Affid1nits. Aflldavft · may ht' taJ en before any person authorized
to a<lmini<;ter oath.· in the tat "h re taken. If taken without the
State of Iowa, the ofllrial ·haractcr of tho officer admlni rin~ the
oath should be evidenced in th• sam way a-; th ofllcial c 1aractcr of
1ll<la t ma,· be
an of'Ilcer talcing deposi ion . ( e Doposition .)
taken within the State for any lawful purpose, of on• unwilling to
voluntarily make an affidavit, by flllng a petition with an oOlcer author-
on
1n
Of
is
1
BANKING AND COMMERCIAL LAWS- IOWA
Corporations. Pri ate corporations. ,.ole 01· agsregate, may be
.formed for any lawful purpos(i. But there are special statutory
provisions which must be c:omplier1 "ith for the organization and
government of insurance, banking, loan and trust, building and loan,
and railway corporntions. ln all ca ·es, the articles of incorporat,ion
must, be acknowledged aud recorded. in the manner provided by
law, and approved hy the sc ·retary of state. With a fe, except.ions,
an incorporat.ion fee of . 2;;, plus , 10 for each thou ·and dollars of
capital in excess of SJ 0 ,000 must be µaid, upon the organization
or renewal of a private corporation. 'l'he general term of the life
of a private corpomtion is twenty years, renewable for a like term.
Railroad .. savings bank;,, aud a few other. may 1, ,t fifty year ,
also renewable.
Foreign Corporations are required to pay a similar incorporation
fee before doing businc s in the :,;rate. ba ed. ho" ever. upon the
propel't:r of th corporation, within the 'tate of lowa. Foreign public
service corporations, other than steam railroads, doing bu. iness in
Jowa, and holding companies controlling the stodr of such companie ·,
are rnacle subject to many of the laws of Iowa affecting similar domestic
corporations.
Courts. Terms aurl .Turirdiction. Tlle di. trict court ha: jw·i dic~iou of all actions. civil and equital,le, and ha· criminal and probate
Jltrisdiction. ::-uperior courts may be e,.tabli.·hed b~· the vote of
the people in any city of 5,000 inhabitant~. It has jurisdiction to
tr~• all violations of cit.y ordinances, and the ·ame criminal jut'iscliction
a~ ~nstice of t,he peace courts. It ha.s juri. ·rlictlon to try and determine
Ct\'ll and criminal appeal· and chil writ· of error from justice· of
the peace. situated in the town.·hip ,,here the court i. located. Ha
the. ame jurisdietion as the clistrkt court to try all suit.· in law and
equity, except grant diYorces, alimony, and separate maintenance,
~nd it has no probate jurisdiction. Transcripts from superior and
Justice's courts must be filed in district court to creat a lien on real
~state, and are then enforced a judgments of the di trict court;
JUstice's jurisdiction. 100, or. b;\· written con ent of parties, . :mo.
I'be supreme court has ouly appellate juri<:dktlon and holds ses. ions
ptember (les,. ,acaa_t Des .Moines, January to, lay, from ... 1.ay to
t1ou), and from !4eptemhcr to December.
1s pa;rable at the
instrument
ncgot.iable
}<;very
Grace.
. Days of
tune fixed therein without grace.
Depo.,itions mav b. ta!· •n within the state. on II ti e. and vithin
or ,vithout the Staie, on coouni.·sion. i ·,med after notice hy the clerk
of the proper court. "'hen to he taken on commc . ion. defendant
mar elect, in writing, dul~• served, to er .· examine orall~•; thereupon
Plamtifl' may also elect in writing to exami11e orall~·. K·reptions
must be filed within three (3) days, after the flling of the deposition,
but ohjpctions may nevertheless be made on the trial for competency,
materiality, and relevancy.
Dt>scent and Di tributlon of PropertJ. .'ubje t to rights of
qow~'r and other charges thereon, and burden.· impo ed during .the
ht:et1111e of the decedent, and in tlH' abscnee of a valid will, the estate
Obi _one deceased shall descend in equal share· to bi: children. The
en·s of any deceased child shall inherit in same manner a.s though
such child had outlived his parents. If the int <:tate lea, e no issue
the Whole of the •state to the eK1ent of 7,500 aft r payment of debts
an_d administration expense, and one-half of the e·tate in exec.·· of
said 7,=>oo goes to the surd\'ing . pou.· and the other half 1,0 the
I>arcnts. If no urvh in~ !<J>OU ·e, the whole It r of ·hall go to his
Parents or the sun ivor of them; and -.o on through a Cl'nding ancestors and their issue, if hoth parents b dr.ad. Per onal pro erty
riot llr.ccssary to pay dcht.,; is distributed t.o tho ·amP person·, and in
le same proportions as t.hougb it "ere real e:tate.
cd
etl
on
1a.l
ed
ns
ISO
•ial
. nower. Dower in lo\\a L abolbhecl, but the surviving spow •
! · ontitlod to on -third in value of all the legal and equitable estate
tnh real propert,y po. ·se. ·sect by the d cea. ed :pou. e at any time during
• 0 . t!)arria1;e. which have not, been sold on exe<'ut ion o!' a n_y other
JUchc1al sale and to which such survivor has made no rcltnqmi-hment
if r!ght. A'spouse. heir or deviseo f lm'iiousl) aldng or pro<"urin~ the
aking <if the life ol' the other spouse. or de ·ed ~nt, , .. nnot ha, o dower
or l_nherit power or talrn under the ·ill oft e deced nt. ( •c Limitat1011s.)
Rtnplo:rers Liabilit,·. Employer: liabili y and 1orkmen·s comPeusation is governed ·by statute.
. E.·ecu!ions may be stayed, acc?rdin11: to t~1eir amOlmt,_for ni~?ty
days or six month. with a few specified ceptto , and the 1ssnan< e_of
;xecuqon may he' pre,·entPd by f1ling an ~PP al t><?nd. Other!\1:e
. Xecut1on may l ue immediately aft •r 1·end1tion of JUd"ment. I he
{Udgrnent is a lien 011 realty \\itbin tlle cow1ty wh •1· reudered. o~ h)'
Executions
branscript, it mav he mado a lien in any other couut.·
. c_corno liens on 1iersonal prop<fft)· only from the tim • of th(! le, Y. a~d
seizure. H.eal estate is sold 011 oxec-ution nbject to red n_iptwn "it lun
gne Yea!', except in appealoc.l ca ·es, or wher the i•1ter st 1s a Ieaseho\d
f two year.' or I ~ ·. Creditors mn:r redeem from th sale after six
!U()iiths and beforo nino month· from date of sal . Per onal property
is· oll) \\ ithout redempt.ion.
r E emption.. The head of a family i. emit! d t-o Jl h9mestcad of
1?!ty_ ac1·os or le ·s of farm land, or half an acr OI' le. s Ill c1t:i: or to,,n.
<la 11 ·. ion money, its prneeeds, "·ai:te,, of the l1ead ~f ,a fa11!1Iy for !)~
st :\is Past. and numcrou: item,, of personal prop _1t;1 ar exempt b~
arl' •ta utory pro, L-;ion · cone rnmf!' the er at10n of
1.•atute. There
e~n on exempt roal or r,,r·onal prope:rt.·. and thP_ns lgnn!.nt of
.emption unle,s the
to alimony there. rs no
Pa~tnp~ waP; s. 1
t) m whose favor rcndl'rl'd remarr1e .
rl!'raud. In actions for fraud. heretofore ·ololy c11~11izable in a court
~n c_hancery, tho cause of action shall nrit be deemed to ha~-o accrue~
til. the fraud complainod of shall ha, e bePn di cmyred h) the pa~tJ
rP;r1e,·ed bv tho cxercis of clue diligence. Jn act1011 brought b) a
fUdgnient creditor to set aside a fraudulent com eyance of prop<:rty
one spouse to the· other and to :--uhject ,aid 1~ropertr to c.·ccut1on,
Grher husband or wife may be comp_elled. to te,; 1fy a"auLst the other.
oss fraud is p1mish,tl>I lJy fine or 1mprisomnent.
r arnishn1ent~. (See Attachments.)
..,
. ce )1arricd \Yomen.)
IU!iband and Wi e.
F ~ Olidays. Th first da v of tho week, .Tan~ar)· 1. Februar~· 1-,
pt_ ruber, De~emb~r rt~ary 22, , fay 30 . ,July 4 , the flt t; Monday 1!1
rne 2 the day of ge 1wral nlef'tiou and an~· d~~ ap1mmt1d ir r~9u~
St TI< ed by the iro,crnN of this Ht ate or the Ir. 1dent o t e mtc
re~t~s as a day of fasting or thanksu;iving are holidays, for all purpo~es
te !1n~ t.o the present·Hion for panncnt or acceptance. and fot the p10ba t ~1g and gi\'in, n,;; k of urn illshonor of bills of eYchan~e. drafts,
~
' cheeks, ord<>rs and promissor) note_-.
;1
per cent.
By written cont.raet ma.x1111um le~al rntc,
Judntere. l
~>.·.th~ contract
ilxed
i
as.
rate
sucl.1
or
nt.
•
per
on g~1.e;1ts ·,lra\\ (i
1
per
een Yih1ch the jndorm nt or decree 1,.. rende1ed, not c. ceedy1g
fro t Per annum. Opet; accotmts draw 6 per cent alt r s1:i: mo~1tbs
SetP1 date of last itP.m; 11 wni•y loancd,,mone; du . mone~ du[ on
outra.1erneut of account . I •ar int ere t at ti _ncr en P r annum.
.
Jl r cent. forfeits all intercst and cost .
t( for more than
at"i<I.1onenb in the dbtrid and superior cour dm Y b ob~u~d
; a11 9t?1ta. e
a..·t· rst ter1n after ·uit commen1·cd. if und«'I n
or }°11, !-l· cept Oil f;w foreclosuro of mort,:ra"' , or. me ·harm:,: hen
Jud or divor,• is trfohl, ·it th. second term aft r th ('as i at 1. ,ue.
grnents ol 't,iie d.i t ric't c mri ar , lien~ oil r al ,tat own d by
eWm
t•
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
1861
the clebtor at, the time of rendilion, if the lands lie in any other
- count,y,
from the time of filing therein an attested copy of• tbe judgm_ent•• Lion al o covers all la!lds which defendant may acquiro
years from date of Judgment. or upon which a levy i ·
ten
w1thm
I made a_fter ten
or before t, ·enty )' ear from the date of the judgment
ol
but tb1s lien date.' only from the time of the Ievv. Judgmcn
·uperior courts and ju<stir•e of peaee courts hecome liens on ieal estat
by filing transcript in district t·ourt within county where obtained .
and become liens in other counties in the same manner as if rendered
in the district court.
Lien . These are mainly created by statute and are enforf' •able
i!l equity. fn a few case., and under peculiar circumstances, equitahle
hens on real estate are e. tablished and enforced in equity.
~in1itations. .\ctions. according to their subjoc;t matter, ha\'e
various periods of limit.at.ion. fixed by statute, extending from three
~nonths to ten years after the cause of action accrued. Actions upon
Judgments rendered in courts of record have a limitation of t, ent ·
years. Dower rights and mol'tgagc · existing or created prior tc>
January 1, 1 8.5. are barred, unless now properly preson·ecl in the
recorder's ollice .. [mperfect C:1eeds by e.~ecutors. administrators,
trustees, or guardians made pr10r to .January 1, 1 '85, are confirmed
in favor of grantees in pos. e ·sion.
;\,larried \l"omen may own in their own right, real and personal
property, and ma.· manage, sell, convey, and devi e the same by
will. • either husband nor ·wife is liable for the debts or lfa.bilitie.·
of t~e other incurred hefore or after marriage, nor ar the wage ,
earmnir . or propert,y of either liable for the separate debts of the.
'ontracts may be made by a wife, liabilities incurred, and
other.
enforced by or against her, as if unmarried. Both husband and
wife are liable for the expenses of the family, and the education
·
of the children.
::\-loratorium. Soldiers and sailors and other persons in the military or naval service of the government or who may hereafter enter
such service during the present war are exempted while in such service
and fo1· a period of six months after the termination of the war or of
said sen-ice or deat.h, from payment of any bill of exchange or of anv
negotiable instrument, or of an~· other payment in pursuance of any
contract or from any writ of attachment or execution. Any such person who is or hereafter may be a party to litigation may on request
have same continued until the termination of such !"ervice or death.
The. tatute of limitations against such persons is toiled for the ame
period.
~lortgages musi; be subscribed and acknowledged by the partie.
creating the lien and recorded same as deeds are foreclosed by equitable
action. The wife should join in the instrument, except mortgages
for pw·chase money, and mortgages upon non-exempt personal
property. The mort.gagor has one year in which to redeem real
estate after execution sale, except a.s stated under the sub-title·• Executions," When a mortgage is paid off, sati ·faction thereof m1Lst be
made on margin of the record, or by satisfaction piece, acknowledged
and recorded. If no satisfaction is l'ntered within thirty days after
c~i~elr~~~nt~l) the mortgagee forfeits $25. (See Chattel Mortgages.)
. Ton-residents. Action may be brought again. t non-resident. to
enforce liens on any property within the state; to enforce any debt
against a u01~-re>ident where action is a!ded by attachment on propert~· found w1thm. the tate. J>Prsonal Judinncnt. cannot, in any cas
he rendered agamst defendant,.,, not ~ppearing, unle. s per ·oual
service is had on such defendants within the State. J. on-resident.
may not sell at auction unless reciprocal legislation exists in tho state
of their residence.
:Notaries. These officer· aro appointed and commi ioned by the
ii;oYernor. upon filing a bond and paying the fee required bv la\
They have power to administer oaths, take deposition., arid the
usual power of such officer· concerning presentation demand protost
'
'
and notice of protest of negotiable commercial paper.
Pa1:tnerships, _Limited and S1lecial. Limited and special part~
nersb1ps arc permit.ted, ~mt, no~ favored. The statutes on this subject
mus~ be :tnctl;v: r. imp1led nth. A certifkate showing prescribed
details and part1~ulars of the partner hip must he sig1wd, ackno vlodged. ancl llled m ihe oflke of the clerl( of the cli:tri<'t court of the
county i 1 which the principal place of business is situated, to be
there rec(:rd('(l and similarl:1r rccordea iu each county where such
partncrslnp has a plaee of bu iness. Thero must be an afllda vit
that the amount stated in the certificate has been actually contributed
>uhlicat ion 11111st he made of th , c rtiflcat
lly each epa rate partner.
and allldavit for six weeks in two 11ewspapers in each :enatorial
district in "hich the partnership i, to tran. act business.
Powers of Attorney. A power of attorney to c·on,·ey, or jn any
manner affc<'t, real e;;tate, must. be acknowledged and recorded. A
rcYocaiion of such power mw.;t, be acknowledged aml recorded ln the
same omce wherein ibe original power of attorney is recorded.
Rcl·eh·er~. In distributing J>roperty in the hands of a recl•h'er
tlwre shall ho paid in the followin~ order: J. Taxes or dehts due
the United States. 2. Taxes or dehts due the tate. a. Dt'hts owing
to em1 I, yes for labor. not, exceeding. 100.
11 instruments conveying or creating liens upon the
Re<·ords.
real or personal property, all conditional sale. and articles of adoption
of a minor child, must, after ha, ing h en signed and aclrnowledged,
he recorded in the otfke of the re ·ordl'I' of deeds in the proper count.
or countie.· where the propert~• eon,·l•yed i: :ituated. or the mi1101·
child is. Unle..,, so recorded, such instruments are im·alid as to a
bona fide purcha ·er or encumbraneer or as articles of adoption.
RC(fon1pt ion. Redernplion from a ·lleritr's sale of real estate,
Yhethor ~old under a ge~eral or SP<' ·ial execution, ma)· be made
by a creditor .,·ho has a hen on the property sold, at time after six
months from date of sale by pa:ing to the clerk of the court the
amount provided by statute, heing g nerally, the amount of the
purchaser's bid, with interest at the ame rate that the judgment
hears. \Vithin the time named C'reditors may redeem from ea.ch
other. After nine months, and within one yeat' from the date of sale
the owner of the real estate sold has the exclu.·ive right to redeem from
such :all', and. in so doing, the debtor must pay off the claim: of
jud~ment. creditors, who have made redemptions' as herein above
stated, in addition to tho amount originally hid.
Rep lcv in. In actions for the recovery of per 'Onal property, the
petition must, be ,·erif:led; and if plaintiff desir •s immediate delivery
of the prope1·w. ho shall execut.e a hond for'double the value of the
property sought to be recovered. The defendant mav stay all procceclin~. and retain the property h;r executing a bond to the plaintiff
with sureties to be approved by the clerk.
Sales. This tate ha: a uniform sales law.
Sales ?f Goods in Bul_k. Sales, inl'luding exchange and assignments, of the whole or maJor J?art of a :-:tock of goods, or fixtures, or
stock of goods and fixtures, m bulk, 1s presumpth elv fraudulent
uni~. s seven days'. notice in writing is pre,·iously sent by re2;istered
m:i-11 to ea"h creditor of. the seller. 1e:·cribing in general terms, th
p1operty ~ be . old, assigned or dehYered, and the parti s thereto
Bot!~ !1ai:t1cs must! seye~ days pri_or to the sale or transfer make
detailed mventory,. showmg quantity and cost of prico to seller and
giu1!/!~~1;. must, furmsh unc.ler oath a lL"t of his creditor~ aud the amount
0
a
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
1862
BANKING AND COMMERCIAL LAWS-KANSAS
Security for Costs. ~ on-resident plaintiffs may, on motion of
will, unless administration upon tbe e tate ha been granted in this
defendant, be required to file a bond with sureties to be approved for
State: provided that at the time of .such conveyanee an authenticated
security of costs either in justice court or district court.
copy of such will has been recorded in the office of the probate court
in the county in which the land i. situated.
Statute of Frauds. No e"idence except in writing and signed
by the party to be charged or by his aut,horized agent. is competent
Affl,lavits.
ffidavits may he made in or out of the tate by the
relative to tbe following contracts: 1. In relation to sale of personal
same authority and with like authentication, as depositions.
property. when no part of the property is delivered and no part of
Aliens. Law prohibiting aliens from inheriting or holding real
the price is paid. 2. In consideration of marriage. 3. Wherein
estate, repealed 1001. (. ee Foreign Corporations.)
one promises to answer for the debt, default or miscarriage of another,
Arbitrations. Persons having controversies may submit them to
including promises by executors to pay the debt of decedent from their
the arbitration of any person or persons mutually agreed upon and
own estate. 4. For the creation or transfer of any intere t in lands,
may make such submission a rule of any court of record in the 'tate.
except leases for a tenn not exceeding one year. 5. Those not to
Tbe parties may enter into arbitration bonds conditioned for the
be performed \\ithin one year from the making thereof.
faithful performance of the award.
Stocks and Bonds. The sale of stocks and bonds is governed by
Arre ·t. A defendanli may be arrested in a
•ii action upon filing
what is termed a "Blue Sky Law."
an affidavit with the clerk of the court that be bas removed or begun
Supplen1entary Proceedings. When an execution has been
to remove his property out of the jurisdiction of the court with
returned unsatisfied. plaintifl' may have an order for the appearance
intent to defraud his creditors; or has begun to com·ert his property
and examination of the judgment debtor; or such order may be
into cash, for the purpo;;e of placing it beyond the reaeh of bis creditor,;
obtained after execution bas issued upon proof by plaintiff's affidavit
or bas property whkh he fraudulently conceals; or fraudulently conor other proof that debtor bas property which he unjustly refuses to
tracted the debt.
apply to the satisfaction of the judp-ment. If any prnperty be found
Assignments and lnsoh·ency. As: knments must be for the
by such examination it may be levied upon; if in tbe hands of others
benefit of all creditors and only discharge the debtor to the amount
the court may require its delivery to satisfy the judgmeut. and
of payment made.
appoint a receiver of debtors property, forbid the sale t.hercof and
order Equitable interests in realty to be sold.
Attachment. At or after tbe commencement of an action an
attachment ma~· be bad b~• plaintiff. The a!Tidavit- of the plaintiff,
Taxes. Real estate is assessed e ery odd year; personal property
his agent, or attorney must he filed, stating the nature of the claim,
is assessed every year. All property is assessed at its actual value,
that it i just, the amount affiant believe.- ought to be recO\ ercd,
and taxed at twenty-five (25) per cent of the a,;;sessed ,·alue. .All
and the o. istence of some one or moro of the following grounds: 1.
road taxes and one-half of the other taxes levied are payable without
That defendant is a foreign corporation or a non-resident of the State
interest or penalty before April 1st; the balanc-e is payable
(hut in this ca e for no other claim than a dema11d arising upon conbefore October 1st. Delinquent taxes bear interest at, the rate of
tract. judgment. or decree. unle." the cau"e of action arose wholly
1 per cent per month. Taxes upon realty are liens thereon; taxes
within
the limit of the tate). 2. That the defendant absconded
upon personalty are liens upon the owner's realty, except the homewith the intention to defraud hl· creditors. 3. That the defendant
stead, and may be continued at such liens. if the . tatute is complied
has left the county of bis re.·idence to aYoid a . en·ice of summons.
with, from year to year. Taxes on personalty are lieus on the personal
4. That he so concealed himself that summons can not bo served
property on fon-residents, stocks of goods sold in bulk, and buildings
upon him. f>. That he is about to remove his property or a part
or additions made after the asses,,;ment for taxation in the odd years.
thereof out of the jurisdiction of the court with the intent to defraud
Personal property may be levied 011 and sold for taxes by distress
his creditor.-. ti. That he is about to com·ert his property or a
and sale. Roal estate is sold for uupaid taxes, after notice by publicapart thereof into money for the purpose of placing it beyond the
tion, on the first Monday in December of each year, subject to redemprea<'h of his creditors. u. He has property or rights in action which
tion in three years from the date of sale.
he conceals. i--. Has assigned. remoYcd, or disposed of, or is about
Trust Companies. Domestic trust, companies are organized under
to dispose of his property, or a part thereof, with tbe intent to defraud,
and governed by the general corporation laws of the tate. Foreign
hinder, or dela~· his <>reditor ·. U. Or fraudulently contracted or
trust companies doing business in this State are governed and conincurred the deht, on which the suit is broug-ht. 10. Or that the
trolled by the general statutes concerning and relating to foreign
1 suit is brought for dama~es from the cornmi ·:ion of sowe felony or
corporations doing business in Iowa. (See Corporation,;.)
mLdemeanor. 11. Or that the debtor has failei to pay fur anY
article or thing deli crcd for which h~· c;ontract he wa botmd to paY
Trust Deeds. They must be execut,ed and foreclosed. and consl<l·
ered a mortgages. That is, the power of sale on notice is aboli hed, 1 upon delivery. A bond in double the amount of plaintiff's claim is
re<1uired except where by the attachment atT.davit defendant is shown
and they must be foreclo ·ed by equitable action.
to be a non-re,-..idc.nt of the ~ tate.
"\\'arebouse Receipts. Any per ·on, firm, or corporation desiring
Bank. and Bankinll,'. There i. no constitutional prodsion rclat·
to issue elevator or warehotL-;e c·ertiflcates (or receipts must file a
ing to banks, except l>ank-; of i · ·ue. Other banks are org-anized
written declaration with the recorder of deeds in the county where
under a general act. The charter. in acldition t-0 tbe requirementsd
his or its elevator or warehou.-e is situated, setting forth the particuof tbe law relatin" to corporations, .shall contain the names an
lars required by statute, which declaration must be recorder! by the
places of residence of the stockholders and the amount of stock subrecorder of deeds. Thereafter he or it may issue certificates for
·cribed by each, and may contain .,nc.h other provisions, not ineon~
commodities actually in such elevator or warehouse, but the ccrtifi•
11
si tent with law, as the stockholders may deem proper, and shaed
cates must conform to the statutory provisions. A register of
he ubscribcd by at least five of the stockholders of the propos
certificates issued must be kept by the parties issuing them. A
bank who are re,;idents of the ·tate of 1·a11. a.s. Board of directors
violation of these proyi,;ions. issuing double certillcatcs for the same
shall be not le. s than five. nor more than thirteen. a majority of whoDl
property, or selling or encumbering property included in any wareshall be re,-idents of the count~· or adjoinin~ counties to that in
house receipt, is made a criminal offense. There is also a ~rim.inal
which the hauk is loeated. The word'' ~·tatc" hall be included in tb 6
statute against issuing false warehouse receipts or certificates.
"\\"ills. Any person of full age and sound mind may ispose of , title. The fnll amount of the capital stock mu ·t he sub ·cribed before8
the
chart.:~ is filed. The hank shall tran. act no bu ·ines.-. except tb
his property by will, subject to the rights of homestead and exempelection of officer·. the taking and appro,; ing of their ofiicial bo~~
tion created by law and the distributive share ill his estate giYen
and
the receipt· of paymPuts on ac ount of :ub.-cription · to its cap1.,..
by law to the surviving spouse, except su.fllcient to pa.· his debt
_tock, until it has teen authori:l d hy the bank commi ·-.ioner ""
and expenses of administration. "-ms, to be ,alid. must be written,
commence
busin s. The capital stock mu,-t t paid, in full, in casb
witnessed by two competent witnesses, signed by the testator, or
and shall not- be less than 10,000.
·o bank ball employ its moneY
by some person in his presence and by his expre. s direction. Subdirectly or indirectly in trade or commerce bv buying and selling
scribing witnesses can derive no benefit from a will, unle ·<, there be
good
,
chattels.
wares,
and
merchandise,
and shall not 'im·est in tbe
two competent witne. sc;:; be ·ides them. " 'ills executed outside of
stock of auy hank or corporation, nor make any loans on the scct1£itY,
Iowa, in accordance with the laws of the State where executed or
of
the
.
hare
of
its
own
<>apital.
nor
be
the purchaser or holde,- 0
of tbe testator's domicile, if in writing and subscribed by the testator
any such ·hare , execpt to prevent lo. s upon a deht pre iouslY c<?n~
are valid in Iowa. If probated in any other state or country they
tract
cl
in
isood
faith.
All
stwl1
property
coming into the posse.'iSIO:
shall be admitted to probate in this State on the production of a copy
of the banlc in tho i•ollection of debt ,,;hal1 not I e considered asse
of such will. and of the original record of probate thereof, authenticated
after the e:\.---piration of six months. Bank.- must have on hand Af;
by the attestation of the clerk of the court in which .-uch probaa, ailahle funds he following sum. : In citi •s having le· than 5,0
tion was made or of the probate judge, under . cal. if they have one.
population, 20 p r c nt of th ir d po i : in citi s !Javi.J1g over 5. 000
All wills must be probated before they can be etroetual.
popula ion. 25 p r cent, on -half of which may c.onsil>-t of baiauc~
due from g-ood ·oh·ent bank. locat d at comm r ·ial centers
uch other point· a, tile bank commu ion r may approve . . b)e
other half . hall m ist of actual ca: h. Officers are personallY haltal
SYNOPSIS OF
for paying overdraft.. .1. ~ot more than 1;; per cent f the cap or
stock and urplus can be loaned to any one pcr-;on, companr for
corporation. Ponaltio,, are pro idocl for fa! e stat ments an<. te
receh·ing dcpo. it.- wh n the bank is in a failing eonclition. ~'r!" 3 8 r
banks arc uhje t to the pruvi-.;ons of the law. The bank con11111ss10
or deputy, nm t make examination of ear-h bank at least once a Y II
Four reports per annum are required. and the <>,ommbsioner nmY 'ifer
RELATL'G TO
for other.-. Bank,; may purcha:e, hold, and ·on,·ey real csta~e 11and
certain condition.i- to the ext nt of on third of their capita tb6
surplll'-. ~hareholders are "l<lclltionally liable for a sum equal to
BANKING AND COMMERCIAL USAGES
par , alne of. t-OCk m ned and no more.
!US
Depo ·it Ouaranty Vund.
ny bank ha, in · n unimpaired urP tY
equal to 10 per ceut of it capital, may part! ·pat in t!Jc guar~eY
fund a -t. . tl<"h bank mu-st rlepo.'it wi b the ·tate treasurer !~sbiP,
Revised by KRAUTHOFF, 11c Ll."TO x & QUA. T
or bond: of he nit d tate-., tat of Kan. a . or of anY to\\ tb8
_-\.Ltomeys at Law, Kan.-as City.
s<'hool dis rict. board of education or city ithin the tat~. -~e to
( 'ee Card in ttorneys' List.)
amount of 500 for each 100,0 O of it a,·oragc deposi s eltgI sb an
guaranty (I s it capital and "urplu ·,. It 8hall als:.> pa~· in
Joslts
1
amount equal to ono- "en leth of on p r cent of it,; a, ra e
Acknowledgment. . ( ee Deeds.)
eligible to guaranty (le· ih capital and surplus).
. wants
Actions. Civil actions are conducted as required by a code of
In January of each y ar th c omml ion r . hall make asse.s osfts
procedure. Security for co.-ts must be given or re:-.ident plaintifJ,
of onc-t,1 nticth of 0110 per ,. nt of th a· rage guaranteed
may deposit lo in lieu of honds for cost. .. ·on-re ident plaintiiI
of each bank until the ca: h fund a cumulat •cl amounts to J ie size
may be required to give bond for co t ·.
The comm~· loner may make a ldltional a
·1 ent of the :,;a~wtJliSnot more than five in any on ~- ar. If a bank f ii • the uank \ 0 ~
Administration of Estates. Probate co ts in each county haYe
siou1 r tak
charge and wind up it alfalrs. Ho i ·,_ue.-; ce due
jurisdiction of e:-tate.,. Demancls against the esta· e are diviclc I into
depo. !tor a certificate bearing ,1 p r cent int 'rt' t. Any halt; fUJld•
the following clru· ·es: 1. l1'uncral expenses. 2. Expen
of the
after a o
ar
xhau. ted i pa:a.bl • out of the guaranb 1gatiOXl
last siclme.· ·; waµ;es of ·orYant ; demands for medi<"ine and medical
Depo it oth r\\ i e c-ured do not participate. nor a bank's Or 11110~Y
attendanee duri.11µ; the la t sickne s and oxncnse of aclmini tration.
as indor r upon bill re-di oun t>d. not b£11 payable, no
3. Dehts due the
ta e.
. Judgments - rend red a~ain. t th
borrowoo from it 1·orrP pond •nt, or 0U1 rs.
deceased in his lifetime: but if such jurkment arc lien up,,n real
guaran·
Uank ar r.rohibited fr m ad,· rt in, tha depo it are It sr8
estate and the ,-,tato ho iusol\ nt, stwh jucltnnent. "hall b • paid
eed hy the tato but ar p rmitt d to ad,·crti
that depOS
without referenee to ·I siflcation, exccp tho tlrst two \'hlch have
guarante I by the Bank Depo:-.ito · <,uarantr Fund.
precedcnee. 5. 11 demands without reg, rd to quality wl1kh shall
be legally exhihited against the ostate in 011 y ar after granting
Bill. of E.-chan e. (:
• ·ot ~ and Bill of gx:<'hauge.
letters of administration. ti. .\II cl mancls thus exhibit 1 after the
Bilh of L·uling. Th , ar gov i-n d by th common JaW•
of a
end of one year and within two ye·11·s. Dernanil. not c ·hihit1)d within
016
Bulk a.le. "The ale or di po I of any part or tl10 wbtbe~
two years are barred, except a to infant.;;, person of un ·ound mind
stock of ruerchandi
a the fixture p rt iniug th r to. ~ void Ill
or persons imprisoned or al>.- nt from the nitcd . tat . who . hall
than in the ordin ry cou
have one year after the remo\al of their di abilltie.. ForeJ1rn exof hi trade or bu In
, ·ball ~h-es
ecutors, and administrators with tho ""ill annexed may ~11 real
1
1
1
f~!in~f1c~
a
~o/rth~f1!h
m
~,~d uni dr th PJr~~!"~~~itors of
estate In this State in accordance with the power ·ontained in the
an<!i,:e
THE LAWS OF'KANSAS
:ar.
f
:f:
~8800o·
iTt
rro;
Pr~
.A.g
is 0
flrst
For
Sta
one
do
as n
ba
Ole
seer
stoc
but
eve
:tnus
beg·
"co
to b
Ove
ann
hero
:tnen
next
tlzne
each
to a
the c
Oapi.
lf au
<leeJa
The
capit
bu~~
Pay
110,0
anct
over
over
over
and
15,oo
Co
fhree
n law
each C(
te r1ns
Civil a
Person
the co
Cre(
a erect·
~ in 0
Day
Dee
th rUie
e Pa
rhay b1
ew
convey,
i~
er sig
or SCro
ln'antor
f:'tno
'IV"ith th
jlding 1
p~<lgo C
orace, J
sf an in
gggn~~I
tate it
fufflcer l
t¥8tlce
tnllitect
th~rtga~
liUbs~i~:
BANKING AND COMMERCIAL LAWS-KANSAS
or
h8
or
nY
aY
is
wn
seller certified by the seller unde1· oath to be a complete nnd accurate
list of hi · creditors and nnle.-s the purchas •r shall, at least seven days
beforo taking possession of the propert~·. or before paying therefor,
notify in person or by registered mail, every creditor whose name
and address is stated in said list, or of whom he bas knowledge, of
the proposed sale."
In lieu of notice may gi'vo bond twice amount debt. shown by
sellers affidavit signed by two re.·ident suret,ies, who justly for property in excess of the obligation of the bond the bond to he approved
by the clerk of the district court of the county where the property
sold is located.
Chattel l\lortgages. A mortgage of personal property, where the
property is not immediately delivered to the mort"agee who retains
actual and continuous posse"·sion thereof, is void as against creditors
of the mortgagor and as against subsequent purchasers and mortgages
in good faith, unless the mortgage, or a copy thereof is filed in the office
of the register of deeds in the county where the property is situated,
or if the mortgagor is a resident of the state, then of the county of
which be is at the time a resident. A mortgage o filed is invalid
after two years unless within thirty da,:rs next pr eding the expiration
of such two year· and each two year thereafter the mortgagee. bis
agent or attorney. makes an aflldavit exhibiting the interest of the
mortgagee in the property and showing the balanc-e unpaid on the
debt, and files the same in the same manner as the mortgage. In
case of default the mortgagee may ·ell in the manner provided in the
chattel mortgage.
• _A mortgage of exempt personal property is i!IYalid_unle: exe<:uted
JOmtly by husband and ·wife where that relation exists unless 1t be
given for the purcha. e price of the mort.gaged chattel.
Collaterals. Governed by the common law on Bailments and
Pledge.
Conditional Sales. Conditional contracts, by which the own~r~hip remains in the party prnposing to sell until the purchas . price
is paid, are treated a. chattel mortgages and must be filed m the
office of the register of deeds in the same manner as su_ch ch3:ttel
:tnortgages but remain in force without the renewal affidavit reqmred
in chattel mortgages.
Contracts. All contrads which. by the common la,·, are joint
only, shall be construed to be joint and . everal. TJie ill! of p~1vate
seals in written contracts (except seals of corpora.non) 1s abo~shed,
a~q. in suits upon written contracts, as to the performanc~ o! cond1t1ons precedent., it i · sutTicient to allege generally that plamufl' ha
fully performed the contract.
Conveyance . (See Deeds.)
Corporations. Corporations are formed under a c:eneral statute.
Prospective corporations must apply to the chart~r board for a charter.
(I.. $25 application fee must accompany a_n apphc?'t10n. Charter fee
1s one-tenth of one pei·cent of it authorized ca~ntal stock upon the
first $100 000 · one-twentieth of one per cent on all m e ·cess of 100,00.0.
l<'orms for applications and charters furni bed. by the !!Creta:.Y 9f
State. Everv corporation must commence actn e operation .. w1thm
one year afte"r tiling. its charter with the secretarr of state; failure to
do so work it• dissolution. Duration of chart r ~s fifty years. ~r less,
as may be specified in the charter. ~ ~o corporation (ex. ept ra1lr<;>aq.,
banl-ing, and building and loan), can rommencc bw·me ·:- until 1t
file with the sPcretarv of ;;tatc an affidavit made hy It pr ~1dent ~nd
secretary setting forth that not less than 20 p r ce~t of tts capital
stock has been paid in actual cash, or prnperty equivalent theret~.
but a corporation de facto exi ·ts if the 20 per cent ha been p,ud
even though the aflida vit bas not been filed. The name adopted
mu._t indicate the nature of the husine S: The corpor'!-,te name !]-lU .~
~ogm With the word "tho" and end WI.th the W(!rd cocporat10n.
company," "association." or "society," but this does not apply
to banks benevolent or religious societies. There must be at least
five directors three of whom must be re .. idents of the 'tate. The
annual statement shall be made by each c rporatiou for 1>1:oflt or on
before ~larch 3lst of each year, showing a complete detailed ·tateIllent of the condition of such corporation, on tl1_e :l bt ~ay of De~. mber
n_e,ct preceding. Failure to file this report nthln mnety ?aJ,-, [rom
tune fixed works a forfeiture of the charter, and a penali;i; _of • ·> for
each day the rci>ort is delayed. The capital --~~ck can be mcr_eas~d
to an amount not exceeding three time the original an~ount flxe~ 111
the charter and to any further amount of bona fide paid up c~1ntal.
0.apital . tock may also bo deer a. ed. Preferred. s!<Jck can be 1: ·ued
if alt the holders of common stock consent. D1v1dend can not be
~eclared from aiiy source other t.l1an that which re,-,ults from pt·op\ ·
... ht: corporation can borrow money not to exceed the amount o Is
camtal stock
~o~t!'l. (S~e Actions). Corporation:· (excep~ hanks. insuranc!t
btnlclmg and loan companies and those not ?rf!alllzed fo: .?rof\t) m~er
Pay an annual franchi;,e ta: on paid-up captt_al as fo~l~~\,.,,. ~ 0 .}r.0
'l0,000, 10; over J0,000 and not over , 2,),000, 2,'>, o,ei ~,,, 00.
anct not oYer r;o ooo 'lO· over -,o 000 and not, OH'r 100,ooo, lOOt
over . 100,onci"and not"°o{cr 250.000, 5125; over 250,000 and__no.
over ,100 000 250. ()\'Cr . 500 000 and not 0\ er 1.000,0 ,o, . ,:)oogo
over , l.U<J0,000 and not O\. r ' 2,000,000. 1,000; over ,.2,000, . .
a~d not over :'.1,000,000, . J ,.500; ove~ 3,000.000 and not
er
l.>,OOo,ooo, 2 OO'l · over ,;,000,000 ... 2,.,00.
Courts. T~~rm~ and Jurisdiction. District court_. •. hol~in~_ t~vo_ to
~hre' term a Year in e, cr:v count" ha Ye general ongmal Jur1sg1fJ1<?n
in law anci eqi.1it.·. Reguiar term; of tile probate C~!-Jrt are. e i~
each county on the first :\londayin em:h m?nth a nd .P ?a} 01: a~J.o~rnf; 1
~ir!ns may be hold as bn:iness may require. Ju~uco J~1r!-"~ 1
Pev~ a~tions for the reco, en: of _lll~:le)'300 300,h~ s~~~~~e ccfi.u•t, is
th · onaI property not valued tn e. t'r>ss.
·
e court of last resort.
.
.
. r
Creditor.-.;' Rills. Creditors may hriug-_ an act10n m the n_a,t~1e o.
~creditors' bill to marshal assets or :et aside fraudulent con\ e~ ances
1n
other states.
Da;rs of Grace.
bolishcd.
- od As
1
a ~t~\ed.. ~ ~o particula~ forms of con':e~~an~ffi~~cnfr .·c~1 Jbctween
the e 1 \he form u. ed 111 other_ t~t1;0 :is bcin" recordt,'Cl. Deeds
n1a:\.Pt "t1es. conveym_H•es arc n~hd \\ltn •' without hein(l" recorded.
The ~ valid as aii;amst attaclung cre<dl .01 "th, conve,·ancl' and any
conv wife should join with her hnsba_n
'l'iithout hl'r uniting in the
sa111 era.nee
or rnorti;a_ge of the hmIJe te!" no er re. icled in the .'tate
hor .. 1s ah olutoly void. If tho ".Jfe h
cl uot attach am· seal
or s~~gllature
is..no~ ncce~s~r):· (,ran!\1~~
arc nee · ary i.ml~.
&rant O to th 11 ,,1••1mtu1rs. ,ind llO 11.0 1n· conVL''' h,· cl<'rd sPalerl
\Viti ·Ors <11"(' unable to ,Hite. Corpora . _; I 11 YiC' •-president, prcth
1
Sidi~ e c·01·porate seal and s]7nell .> Y10pi
1c'nt must he before a
fod ~ nicm•ler, or trustee .. 1 he ac 1Cl ''.111 ,.,
seal a ju tice of the
riea~e or clc!rk of tho dlstricl c,mrt h~, " ~ d ed mavor or clerk
1st
or ai~\ notary public, count Y cleric
re!: i~ifc ·hall i{cld
his otlicial
stgnatlllcorporated city. gvcry_ 1!0 ~ar) )i· hi c:ommi:· ion a· notary
PUbJ" Ure tho date of the e. piratrnu c1,., nent, i,, made out of the
Stat IC._ 111 eases wh re the arlm,O\\ l_ec
ro ·oril. a clerk, or other
00Ji•e
lll_Ltst lie macle bpfore •1 com t .?. :on r of d ds for Kan a:,
hl!'tic~ 01}' mg the ·cal th •reof.. a cf {!1fm0 / twfore any <'onsul of the
lJnit,
the peace or notar) P11 ? ic,
trY or port. Deed and
tnor ,<.1 ;'tates re·idc•nt in anr foreign c.ou if th regi: tcr of d eds of
tho ~g,t~<'s n_1ust, be rneorded 11~ tl~e ofil~J° ~r thm· "ill be void as to
sub. r>unty Ill which tho land 1:,; s1t~at.e · t • e •
sequent, grantee· in 1sood faith without no ic ·
J
°'
\t1~~ifl~
~t
t~
~~~:i~
to
1t
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
"r
1
1863
Deeds of Trust in the nature of mortgages are not used so far as
sale by the trustee is concerned. (See Trusts, etc.)
Depositions. Depositions are taken upon not,ice to the opposite
party. Courts a.re also authorized to appoint commissioners to take
deposiUons. The depositions may be t.aken before any person authorized to take acl nowledgments. Each witness must sign hi own
depo. ition. The notice must be attached to the depo ition and
incloscd with them. The deposition should be commenced on the
day named. and orue portion of a deposition taken on each successive day. Sundays and national holidays not being regarded. If
taken by interrogatories and cross-interrogatories, under agreement
or otherwise, each interrogatory and cross-intert"ogatory must be
put to each witness and answered o far as he can answer it. and the
answer written down. Uthe depositions are taken before the mayor,
notary public, or commissioner appointed as aforesaid, they must
be certified under bis official seal. If before any officer not possessing
a seal, a certificate must be annexed, under the seal of the county, or
the great seal of the State, that the officer by whom the depositions
were taken was. at the time of taking the same. such officer as he
represents imself to be in bis certiflctae. This should be attached
to the certificate of the otllcer (not possessing a seal) who took the
depositions.
Descent and Distribution. The homestead is the absolute
property of the widow and children-one-half in value to the widow,
and the other half to th children. when b~th survive ... The h<;>mestead can not be dh"ided or sold by an act10n for part1t10n until all
the chilclren attain majority. One-half of all real estate owned by
husband during coverture, and not conveyed by husband and wife,
nor sold at judicial sale, and not necessary to pay debts go~s to the
wife in fee simple; except of land sold by husband whose wife never
resided in the 'tate. Remaining real estate goes to the surviving
children, and living issue of pri9r deceased children, children taking
0 0
11
fvt~i:~pe;o: w~i1ta~1b:f~s,o~r ld ~ ii~~~g'\~~~~ e~1aJ:c~~;dt~~N~
the whole estate goes to the parents. The rules applicable to widow
of deceased husband apply to husband of deceased wife. Illegit~ma~e
children inherit from the mother, and also from the father. 1f hrs
recognition has been general and notorious. or in writing. When a
child would inherit from either parent, such parent will inherit from
the child. Per:onal property descends in t,he same way as real
estate except exempt household furniture is sole property of urviving
spouse. Property descending by law ~r will is s~1bjec~ to an inheritance tax. var. •ing in percentage accordmg to relat10nsh1p and amount.
(See E.·emptions.)
Dower. Dower is abolished by law. (, ec Descent and Distribution.)
Evidencc:-. (See Testimony.)
Executions may be ordered as soon as judgment is obtained .if stay
has not been granted or superseclea.,;; given. Executions running to
the sheriff of tbe county where they levy is to be made, may be levied
011 property in any county of the State and issue only out of court
where judgment obtained except where abstract or transcript of justice
judgment, flied in district court of same county as that of the justice
court execution will issue on said judgment only out of said district
com•t: There is no stay of execution in the di ·trict court except by
supers deas bond which may be given on appeal. In justice's court.,
by filing bond, stays of execution are granted as follows. On any
judgment for $20 and under, thirty days; over . 20 and under 50,
ixty days; over .~50 and not exceeding $100. ninety days; over $100,
one hundred and twenty days. Real estate is only subject to execution issued out of district court of county wherein judgment rendered
or abstract or transcript from justice of the peace flied. Executions
are liens on personal property only from time of levy. Real estate
sold on execution or order of sale, gh·ing the debtor eighteen months
in which to redeem. The debt,or is entitled to possession of the
properLy and rents and profits, during the period provided fo1· redemption, except in case of waste. Rec-eiver may be appointed to pre ·ent
wa te and may use so much of rents and profits as are necessary to
repair waste and pay costs of receivership. Surplus if any to be paid
to judgment, debtor free from the lien of any judgment.
Exe1nptions. Homestead of IGO acres of farming land, or of one
acre within an incorporated town or city, with buildings thereon,
unlimited in value. All how·ehold goods and wearing apparel; two
cows, ton bogs, one yoke of oxen, and one horse or mule or in lieu
of one yoke of oxen and one horse or mule, a span of horses or mules.
and twenty sheep and their wool; necc<;sary food for the support of
such i;toclc for one year; one wagon, two plows, dra"', and other
farming utensils. not exceeding :300; ii:rain, meat, vegetables, groceries, etc .. for the family for one year; the tools and implements of
any mechanic, minor, or other per.:;on, Irnpt for the purpose or carrying on his busines ·, and in addition thereto stock-in-trade not exceeding $100 in value; library, implements, and office furniture of any
professional man necessary for carrying on such trade. Also personal
earnings of the debtor earned during three months prel'eding the
garnishment or attachment, and three mont,hs' pension mon y, where
.-uch earntn"S or pension money is n t'O! sary for the support of the
debtor's family, but 10 per cent of such earnings may be required
to be p, ·, in and applied on the judgment.
J?orcign Corporations. A foreign corporat.ion doing business in
this state must file a certilled copy of its charter or articles of incorporation with the secretary of ·tate and pay to the state trea.,;;urer
the same fees upon the amount of capital invested or used in this
state as a domestic corporation, when it receives a certificate authorizing it to do busine:,;s and is then subject to suhstantially the same
provisions, judidal control, restrictions and penalties as a domestic
corporation. Annual statements must be flied on or before l\'larch
31st, giving condition on the a1st of December preceding. If a
foreign corporation fails to file "ith the. el'retary of state the statement required l>Y law within ninety days aft.er the time provided for,
its right to do btL'-ine. s in the ,'t.ate is thereby forfeited. A penalty
is imposed of 5 for each day this report, is delayed. Foreign corporations must pay an annual franchise tax on tllat portion of their
capital represented b_Y its prop~rty an~! _business in . Kansas on. the
. amc basis as domestic corporations. 1, ailure of foreign corporations
who tran ·act bu.·iness in ransas. other tllan inter ·tate commerce
to comply with thi · law renders them subj ct to ouster and receivership proceedings on ~he part of tbe 'tate and may be plead by a
defendant in suits in tlle state courts of Kansas. brought by the
corporation as a stay of further _Proceedings until such time as the corporation shall ha.Ye comp!Jed with the law.
Fraud. (Ree Attachments, Arre, L, and Assignments.)
Garnishment in District Court11. At or after the time of
beginning an action to recover damages founded upon cont,ract,
judgment or decree, or after the issuance of an execution and before
it is returned. if the plaintiff cause to be filed with the clerk an affidavit
stating th amount of his claim over and ahoYe all offsets, that he
belie\'cs that some per;;on, naming him, indebted to, or has property
in his possession or under his control helon:;?;ing to the defendants and
that such defendant has no property liable to execution sufficient
to satisfy his deht. and that tho indebtedness or pro11erty so hold is
not by law exempt from eizure or sal upon execution, t.he clerk
slJall i. sue a garnbh~ent .sw~mo_ns. ln ju:tice courts the affldavit
differ· from that acqmred 111 district court actions only in that affiant
states _that plainti.fi' is in danger of lo:ing hi claim, in lieu of the
allegations that the defendant has not property ·ubject to e ecution
c~f
I
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
BA KING AND COMMERCIAL LAWS-KANSAS
1864
---I -
sufficient to satisfy the debt. ln thP cUstrict court bo11,1 in double
amount claimed is required on ~arnishmenh befo1 e jud!!:ment, e. cept
where defendant is a 11on-re ident. No bond 1·equired in justice
courts.
Gu, rant) Compnnies.
.'ee Trust Companie·. )
Holidays. The follm,Jno- are legal holiday·: January I t. known
as 'e\1' Years Day. February l:!th, Lincoln'i-: Birthda~· . I• ebruary
22nd, Washington's Birthday. :\lay ~0th, l\Iemorial Day. ,July 4th,
Independence Dav. First .:\tonday in .'eptemher, Lab,,r Day, October 12th, Columbu · Day (hut does not alT:ed commercial mper) .
December 25th, <'hristmas Da . lf any of these cla~. fall on • unday
tho next secular or business da,y is a legal holiday. Lei:::al or business
proceedings had on a holiday, except
undays, arn nilicL
Husband and l\'ife. t.'ee ~Iarried Vomen.)
Injunctions. Injunctio11s may be ITTantell hy a di.·trict court or
by the jndge thereof at the beginning of an action 01· afterwards, in
his discretion. A bond mu_t be given to protert thP clefenclant
against any loss in case tbe injunction is wrongfull~• obtained. In
the absence of the judge from the county tbe probate judge may
i,,rrant, temporary injunc-tions.
Insohenc:r. (Seu Assignment .)
Interest. Lerra! rate, 6 J)Cr •~ent . hut 10 per cent ma~· he agreed
upon. J,~xce~.· of 10 per cent i~ forfeited. and in addition thl!rcto there
shall he deducted from the :~mount duo for principal. with lawful
interest, an aruount equal to the interest contracted for in exr(• ·s of
10 per cent. The legal interest 1·irdnally contra!'lcct for continues
until the debt is paid, and no additional interest ran be cl1ar~ed hy
way or penalty for clefaul except from date of default. A purchaser
of a negotiable note· for value before maturity, without notice, takes
the note free of the usurious 1aint.
Judgments. Judgments of court. of record ar liens on the real
e. tale of the debtor within the county from the flr. ·t da:-, of the term
at which the judgment was rendered; but judgments h:v confe~-;iou
and judgments rendered at the same term dul'ing whi ·h the action
was commenced are liens only from the day on which the jud"ment
was ren1lered. Judg1r.ents lose their priori!~' over :--ub:cquent jml"nents unless execution is is.,uecl and levied within one ypar after
judgment. A certiiled copy of the judgment appearinir of record in
the district court may be tlled in the office of the c!Prk of tile district
c·ourt of any other cow1ty and the judgment \\ ill l h,m he a lien on
real r-statc in that county. .\b..;trac:ts or transcripts of ju tice court
judgments ruay be flied in the district court of the sanw county,
after whicl1 executions i. ·,me only out, of said di trict court on such
judgments.
Jurisdiction. (Hee Courts.)
License. A~ents of insurarn·e companies are reriuired to take out
licen. e from the .·uperintendont or insurance. C'itie are authorizcc.l
to enact license ordinance!' and certain classes of b 1sine are required
t.o take out a license.
Lien<;. ;\Jechank·, material-men. and laborers, hoth ori~inal contractors. and suh-contra tors, and l.i.borer · of ...,ub-contr:wtors a_re
entitled to obtain lien-; u >on real estate for labor performed ot· matc-rml
furnished in Lhe erection or repair of any buildin~. Sworn statements
itemized as fully as practicable as to tuc amount of. the claim, for
what and when it '\\as rendered and by whom, ,zivin" name of contractor and owner and du-;cription of property all(l date of last material
furni. hed. must he filed in the office ot the clerk of the court. Original
contractor's lien !'laim mu ·t he filed within •l montl1,, from date of
last mat~rials, 01· labor furnished and othei·s entitl cl to lien wiLhin
sixtv daF after last materials or labor furnished. Lien c-laimant
other than original contractor:-:, must give imm diate noti e of flllnrr
of Ii •n clain1 to mn1 r or p r. on in po.·se ·sion of the pr ise:-. , h re
that may be done. otherwise must post notice on the nremi ·e .
Supreme court hru rend red notice almost unne<' ·ary. .\c·tion to
foreclo,- lien rnn Ii h begun ·ithin one year after 111ing claim. Lh erystaule keeper.·. forwardin~ rnerclmnt · and common <'arrler. hM lien .
( ·ce Judgment·.)
tborney ha ·e lien on papL•rs and funds in hand
for general balance ot' compensation and have lien OH money· in lm1Jds
clients ach·ersary due client in any matter, action or proceeding, in
which the attorney was employed for services therein from the time
of service on the adverse party. in the manner of a ummorL, of
written notice ot' the lien.
Blacl·smiths, hor.-eshoers, wagon makers and gara' proprietors
given lien for material and labor in their work J>erfocted by tlllng
statement of lien within si. ty day. after the en ic
n th ofllce
ot' the register of deeds of the county where performed forcclo,ed
in same manner as c-hattel mortgage.
Limitations of uits. An action for the recov~ry of re 1 property,
sold on execution or by e ecutor ·. adrnini.·trator .. or guardian~.
brought by the execution debtor, or. the heirs. ward. or 'U!udian .
within five year. after the rleed 1s recorded. Other a t10ns for
recoyery of real property. within fifteen years.
n offl ·ial bond·
and contracts in 'fl.Titing, Ov y ars. Contrac no in 'l'iting, three
years. 'l'respa..,.s, d Unuo. repl \in. injuri ~ not .arh-lu.g on contra ·t,
and relief on tb.c t.rrouncl of fraud, two years. Act10n for libel, 1 ml.er,
malicious transaction, or fal..:;e imprisonment, upon a suit for penalty
or forfeiture, one year. .Action for any other relief not before
provided for, five years. In an)' CMO founded on ron~rac-t, part
1
anTt~P~f~uf! :l~~n rr~~~~~eg~~:;P~u~J-1 ~r~!\~:;?i. rc:1,~\~;:
tractual limitations (!if! ring from the statutes are V<>id.
l\larried \\'omen. The real and p rsonal property owned b)' a
woman at the time of her marria"e, and any property which comes
t,o her by de:,;cent. d vi.-e. or boque L, or gift. of any person exr pt her
hnshand, remains ber sole and . parate property not\\ ithstandin~ her
marriage, and is not uhjcct to the disposal of hor husband or liable
for his debts. .:\larried nome.i1 may sell and convey their real and
per.-onal property and nter into any contract \\itl1 r •ar~ to the
·ame in the same manner and t-0 the sam extent as a 11rnrr1 d man
may in relation to hi' property. ~·he may sue and he sued in the
same manner as if he were single. She may carry on any trade or
business, vcrfor111 labor or ·erviccs for her ·(!parato ac~·ount, and her
earnings or proceeds from lahor, trade. or bu ·me· r mam hor ·eparat
r::~~~~~:a~f.
1
1
~!~Y:
1
ff~P~'J.~ia~ddb ~1~ N:br:1~r ah~~ ~~1t t?r~c~)~e~ei~I te~ e~;~:~d
nes · undertaking hy virtue of the marriagu relati<>n. • h may also
contract with her hu.·band with the. ame effoct ~- hough the married
relation bet ween them did not exbv.
Mines and Minim;:. The law provide., for the appointment of a
min inspcc-tor \\ith authority to require mi11 • o -n rs to provide
certain facilitie:-; for the health nncl safety of Jl r on. em11loyed and
compel proper "entilation, ro~ulate exca\ation .. air cour , tc.
This law i quite elaborat aod violatior~ of the fety provi Ion of
the act-re·ulting in injury to employ s, u ually re ult; In liabilit,y
even where the Kan.·as \Vorkmen':-; Compensation .Act rlo
not
apply, on the part of th, mine operator to the •mploy" h •rans of
the posith·e duty r ting on the operator to comply \\ith ·uch tatutory
provisions.
l\Iortaaare .
mortgage of real e. tatc, to b H1lid a. again. t
subseguent bona-fide purchasers without notice. mu t b rlul)' aclmowledged and r orded in the office of th regi ter of de <.I of tho
-
county where th land i ·ituated • Iortga es may be valid as again. t
attaching creditors without recording. ... fortga~e- may he discharged
on margin vf rec·ord by mortgagee or attorn y or a ·ignee by duly
acl nowledged power of attorney or a ·signment in presence of register.
or L>v ·atisfaction entered on the in trumcnt when copied on the
margin hy the rC!1:i. tPr; or by an imlopondont relca ·e duly a<'knowl •dged
and rerorded. ,vife must join in all mortgages except tho 'l' for
purchase mon •v. except in ca es where. he has never been a resident,
of the ~tatc. · Mortgarres are forerlo.·od by suit only. By an act
of the Legislature which took effect . lay 18, 1893, real estate sold
under foreclosure of mort~ag-e is '-Ubject to eighteenmontbsreclemption.
If the mortgage foreclosed is on abandoned property or not occupied
in good faith and the court so find. ·, six months only is allowed for
redemption. This art doe;. not apply to mortgages executed prior
to . the date the act took effect. "'b , 11 a .mortgage is assig_ned the
assignment hon Id be acknowledged and recofflcd. If the assignment
was exe(,'Uted prior to :!\larch 15, l :9n, it can be recorded wh{:th~r
acknowledged or not, and under the law · must bo recorded w1tl11n
four month· from that date or payment to the recent owner of the
mortl?a"e without notice of the out:tandin0: a.s;dgnm nt, will be a
complete defense to an action thereon. (!<'or Forms. see Dct>d ; co
Exerutions.)
(For • Iortgage.:- on Chattel. , ee ( hattol :.\I ort gage·: see Execution~ .)
. 'otarie-..
·o aries are appointed by the (,overnor and sm•ye for
four year. The;\· give bond in the .,um of. 1,000 and are required
to affix the date o(the expiration or thc•ir commission to all certitlcates.
. ·otc and Bill,; of E:n·hange.
niform -egotiable instrument
Act took effect June ·, 190.3.
Partnership,. Limited or .-pc i: 1 partner.' hips ma)' he rorn~ed
for any le~al purpo.·e except banldog or m. urance. .'uch partn rsh1ps
may cons1 ·t of one or more per ·on "ho aro general partners, and
one or more who ,·ontribute a specitlr amount of ca1ntal and shall
he callecl special partner,;. The special partners are not liahll' for the
debts nf the partner.-hip beyond the amount comribured by the~
respecLi\ cly but the name.· _of the spec al partner· n~u. ~. not, he use
in connection \\ ith the husme . Such a partner ·hip is ft>rm1:d bY
exe!!uting a certificate tatinc: the 11am '. the 11aturo of the bnsrnessf.
the name of the general and s1> ·ial partners. and their place .o
residence. and the amonnt of capital contr!bu_ted by eael, special
partner, and the period wh n the partn >r·h1p 1s t,o commence and
when it will terminate. The c •rtificato 11111st he acknm\ lcrlgecl and
filed and recorded in the oflke of the <·mmty C'lc-rk.
Power of Attorney. (Seu D eds.)
Probate Law. ( 'e ~ cl mini tration. )
Prote-;t. (See :rotes and mil-..)
Records. (::;ee Deed:-.)
Redem1,tion. ( ec fort"ai::e ·. )
Replevin. 1.'he plaintiff in an action to roco, or tlP pos,;e.s. ion of
pecific per;;onal property may daim th imnwdiate deli\·ery of the
same by flling affidaYit and gi\·in~ uond dou ,le tht' sworn Yaluc. of
th property. Property r~ ,Ievin~d m1;1: bo h ld by the otlicer taking
it twt::nty-four hours, durmg 111cl1 time th' party from whom tbe
prop rtv l · tak n ma\' ~h·e bond to tl1e plaintiff for not less than
douhle "the amount of tltt- valuo thereof f'Ond\tioned for the. re.w~~
of the sau!f' or i Yalne in ca,;e it ·hall be aclJud •ed the pla111t1 to
entitled th roto. and her'upon may b ,·c the propert~· rctul'lled
him.
BANKING AND COMMERCIAL LAWS- KENTUCKY
SYNOPSIS OF
THE LAWS OF KENTUCKY
RELATING TO
1865
not invalidate the deed, unless he he solvent, and it appear that the
assignment was made to hinder or dehty creditors. '.rhe deed vesLs
in the assignee the title to all the estate, real and personal, belonging
to the assignor at the time of making the a. sigument, except that
property exempt by law shall not pas unless embraced in the deed.
If the assignor, before making the deed, shall have made a prnferential
or fraudulent trnn ·fer, conveyance, or gift of any of his property,
or fraudulent purchase of any property in the name of another, the
property so fraudulently tran8[erred , conveyed, or purchased shall
vest in the assignee, and it shall be his duty to institute such proceedings as may be necessary to recover same. If, upon demand.
he refuses to do so , any creditor may, and the property so recovered
shall become a part of the estate, and be distributed as other assets.
If creditors representing one-half in number and two-thirds of the
amount of debts against the estate shall so request in writing, the
court ,.;ha.II remove .the assignee and appoint another in his stead.
Attachments. The writ may issue against a defendant who is a
foreign corporation or non-reisdent of the State; or has been absent
from State four mouths; or has left the State with intent to defraud
creditors; or has left his county to avoid service of sununons· or
so conceal him:elf that summons cannot be served; or is about to
remo, 0, or has removed his property or material part out of the
State not leaving enough to sati fy claim of plaintiff or defendant's
creditors: or has disposed or is about to dispose of or sell bis property,
or permitted to be sold or disposed of with fraudulent intent ot cheat,
hinder or delay creditors. Also in action for money due upon contract, judgn,ont or award, if defendant have no property in State
subject to execution, or not enough to satisfy plaintiff and collect.ion
will be endangered by delay in obtaining judgment and return of
nulla bona. Also in action for personal property ordered to be
delivered to plaintifl' which as part thoreof has been disposed of,
removed, or concealed. so that order of delivery can not be executed.
Affidavit as prescribed by civil cocle and bond required, except no
bond requil'eJ in action upon uulla bona return.
Banks. It is unlawful for any person' or persons, either as
individuals or co-partner. to engage in or conduct the business of
pl'ivaie banking in this commouwealth. Corporations may be organized to conduct both a banking and trust company business. The
boards of directors of banks and trust companies doing bu ·iness in
this State have full power and authority to fix the hours of opening
and closing of said banks and trust companies, and may provide
that on Saturday of each week such hour of closing be as early as
twelve (13J o'clock noon. A Department of Banldng, proYiding for a
Banking C'ommissioner, deputy comruis:sioner and examiners of State
hanks, and prescribing their duties and for the examination of all
financial institutions organized and doing business under the laws of
tbe State was created by a law effective July 1st, 1912.
Chattel Mortgages and Deeds of Trust. No deed of t;rust or
mortgage, conveying a legal or equitable title to real or personal
estate, shall be valid against a purchaser for a valuable consideration
without notice thereof or aga.inst creditors, until such deed shall be
aclmowledged or proved according to law. and lodged for record, It
is a penal offense, punishable by line and imprisonment, for any person to sell any personal property, on which there is a mortgage of
~~cJ>r~, ;i~th /~~ein~;g;e;fy.prevent the foreclosure of the mortgage
8
0
Check;.. The issuing of checks in this State upon banks where
the drawer has not sufficient funds on deposit to pay same is now a
criminal offense. If amount under $20.00 it is a misdemeanor and
the penalty ... 190.oq or jail c~mfin:eme~t one to Lhirty days, or both
such tine and imprisonment m discretion of the Court or Jury. If
the checlc be for $20.00 or more, it is a felony and confinement in
penitentiary for not less than one or more. than two years, but if
the .ru:awer o_f tbe check: shall pay same within twenty days after
rece1vmg notice of the d1sbono1· of the check, he shall not be prose~tjfu}~;e~ 1ir"!fi~t~i~ct~s been begun, it shall be dismissed at
0
BANKING AND COMMERCIAL USAGES
Prepared and Revised by MOORMAN & WoooWARD, Esc: ..
Attorneys at Law, Louisville.
(See Card in Attorneys' List.)
u or
tbe
e of
killg
the
tball
turn
jfl' iS
cl to
Acknowledgments. Deeds executed within the State may be
acknowledged before the clerk of a countv court or a notary public,
or may be acknowledged before and proven by two witne. ses. Deeds
executed wit,h out the State and within tbe United States must be
acknowledged hefore the clerk of a court or his deputy, notary public.
mayor of a city, secretary of state, commissioner of deeds, or judge of
a court; if executed without the United tat es must be acknowledged
b. efore a foreign minister, <'onsnl. or .9cretary of legation of t,he United
8}ates, or the secretary of foreign affairs, or judge of a superior court,
ob the nation where the deed shall be executed, attested in either case
Y the officer's seal of office. \Vhen the acknowledgment is taken.
t1!,e officer may 8imply certify that the deed was acknowledged before
h 101, and when it was done.
A<~tions. Actions are commenced by flling in the rlerk's office of
!he proper court a petition setting forth the cause of aC'tion and caus1[1S- a summons 01· ~ warning order to be issued thereon. Non-res~~ ent,s and corporations, ot,her than banks, created by law1; of this
,,tate, a1·e required to give securit,y for costs.
Adn1inistration of Est at.es. Personal estat,es of deceased persons
must be administered by the executors named in the w~lli or if thtJse
refuse to qualify or none are named. then by an adnurustrator apPointed by the county court of t11e county in which the decedent
resided at' the time of bis death. Administrators and executors are
requir~d to give bond for the faith~ul performance ~f their duties
and with surety unle.: nthennse directed by the will. They are
reqUired to file an invenLorv of the estate "ithin three months and
to make settlement within two years from the date of qualification.
Affidavits. All affidavit may be read to verify a pleading, to
Prove the service of a summons, notice, or other proce --, in an action;
to obtain a prO\isional remedy, an examination of. a witness, ~ ta_y
of p1•oceedings or a warning order; or. upon ~ motion. An affidavit
~1a:v: be made: 1. In this State, before a Judge of a court, or a
JU~L1~e of the peace, notary public, clerk of a coui:t, .or master-_com1n1ss1oner. 2. Out of this State, before a commissioner appomted
by the governor of this State; or before any other person e~1powered
by a commission directed to him by consent of the parties or by
Order of the court· or before a judge of a court a justice of the peace,
a mayor of a city,' or notat-y public.
Appeals. Appeals may be taken from. a justice's court to the
quarterly cotu·t rc"'ardless of the amount m controv~r. Y; from the
(]Uarter]y court to "the circuit court when the Yalue U? co_ntroversy,
exclusive of interest and costs, exceeds ;:.'25; from ~he ct_rcmt co~t to
the court of appeals as a matter of right in all cases lll which the title to
Jana, or the right 'to an casement therein, or the righL to enforce a
~tatutory lien is directly ilwolYed. and in all ca:·es wh~n the , alue
ni controversy exclusive of interest and cost . amounts to s.~oo or
1nore, but when such amount in controversy exceerls ~200 and 1s less
than $500, the party deserving the appeal, ma:r upon payment of the
tax and 11ling Lhe recorcl in the clerk's office of the Court of Appeals.
ente_r a motion that the appeal be granted. If the cou1·t upon examination of the 1·ecord decides tbe appe~l shoul9 !) 0 t be granted._ ~he
plotion shall be overruled without a wr1tt.e11 opunon, and no pet;1t\OU
tohr a rehearin"' ·will be cntertaine<l, hut if the court should be of opm10n
.e ends of jt1stice require the judgment be rever.·ed th~n the app~al
t1ll be granted and a written opinion will l;e filed. ~ o 1!,,Ppeal ~ies
r.i°- the court of appeals from any judgment of a qual'terly, city. pollce,
scar or ju.-Lice's cmu·t. nor from any judgment of the county court.
, ~rbitration. All cont;roversies which might be the ,·~bject .?f a
~u_1t tnay be submiUed to the decision of one or rn~re arl?1!,rato1s, or
'\o. and their umpire. The submis;;io11 n~ay be m "-rit~g _or by
0
thnt, Y of record, ancl the awemncnt. of sub1ru · Ion shall _be bmdmg _ou
• e l>arties thereto if it state~ the matter to be subm1tteC;I an~! \\ho
to be the arbitrators. l£ach arl>ilrator and t,he ~1m1?1re, if. on.,e
0. chosen, shall take an oath to decide t_he !natter Ill c.ontr~,ersy
ta 1; 1Y and impartially according to I~w, J.u~tice .:ud th? ~quit_Y (?f
wnt,lllg si,_ned bl each
the Whole case 'fhe awnrd must be
anv and shall be a final settlement o t be
/ator and the· umpil'e
<?ntroversy betweeu the par'ties. ~\ copy _of. the awarcl mnst e
gi,,en within a reasonable time and shall be brndrng upon boL h .
b Arrest. An order for the arrest of the defcndan~ shall l?e made
1 Y th e cou1·t in which tbe action is brought or.12e nd mg, at _it:s ~oy;~le;icemont or at, any time hefo1e judgrneut, it an aftidr·1r ~ft_~,o
(/1:Ultitr be.flied in his omce showing-: t. The natur_ o Pam ,i s
bain1. 2 Th t 1•t . .'. ·t 3 Tlte sum or , alue. which the a_ttiant
t · 1:ecover 4 That the afilant behe,·es,
a . IS
Clie\es th
1
0
11
thatet~ea~~\~~S~fit rs ~hout t,o depar\~;r ~:hto):J f;g!
~ta.te ~~ defraud ttis creditors bas c1nt~!t the proce . of the court
that the defend:~nt has money,
after \1 is property, or so much th~re~
r d bt in the po:session of
01• s ~ <:l.g!lient can not he execqted •,0
hitns~Nttties for money, oi: ev1_denc ed ~- a~out tO depart from this
St.ate '.- ohr of ot,h~rs for his use, a_n. isufficient to satisfJ· plaintifl''s
<:laim Wit out leavmg property thmern :s
to 1'ational Bankrupt
su bject
,
A.s~·
b a debtor o anv person
nts and lnsolvenc.) ·
Law lg,
in trust1;-very_ voluntary assigume;it 11~dgen~fit of all the cre.ditors of
ctive claims, after the paythe a~ s1 or hi~ creditors. shall be (!I' .
lllent piol', m proportion to the~_iespe pt that property con,·eyed
by th O the expen!-'e · of the trus • e~C':)1 ·h there i • a valid lien, shall
be ap~ 1~•ed of assignment, and upop t;h Jicn debt; and except that
debts ied first to the _discba~g~ 0 • . e committee. trustee of an
ll,cpresi.ctre by the assignor as g_uar.r iag;. as personal repre!;entative,
shall ·b ru~t created by deed 01 Wl 1• 1 creditm - receive anything.
'l'he 111 ; Paid in full \)efore the gk~_negt1be deed of as:,ign.mem; shall
ent of the assignor in ma Ul
0
?fro
il
?,\\~~~
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
Ul
JUh '·
;ril-
-~t~
1f
0
g~!t1;r
Contracts. A seal or scroll is in no case necessary to give e:fl'ect
to a deed or other writing. All unsealed writing stand upon the
same footing with sealed writings, having the same force and effect
and the i-ame actions may be founded upon them. 'l'he State or
C01:J{!tY seal, or the . eal of a cou_rt, corporation, or notary to any
wntmg has uot, however, been dispensed with.
Conve:rances. (See Acknowledgments.)
Corporations. formed rmder the general laws for transaction of
any l~wful ~usiness: Sp~cial regulations prescribed for foreign corporat1ons do!,flg busmess m the State, and for banlting, building and
loan, t,rui-t. msurance, and railroad companies. Cumulative voting
prescribed. Stockholders in hanks, trust companies, guaranty companies, investment companies and insurance companies are liable
equally and ratably, and not one for the other, for all contract.s and
liabilit.ios of corporation to eittent of the amount of their stock at
par value in a.clditiou to amount of suer stock; but persons holding
stock, as flduciat'ies, are not per. onally liable, but estate · in their
hands ar0 in same manner and to same extent as otbet· stockholders
and no tran. fer of stock operates as a release, of auy such Jia,bility:
exi8tin"" t time of t,ransfer, proyided action to enforce the liability
be comb encecl within two year>:1 from time to the transfer. Articles
aclmowled~ed and r0corded like deeds in county in which principal
place of business is situated, and a copy thereof filed and recorded
in tlle office of the secretary of State. After such filing and recording,
and payment, t,o State of licen e tax of one-teoth of 1 per cent on
its capital stock, corporation is deemed organized; but, before transacting business other than with its own stockholders, at least 50
per cont of st,ock must in good faith be Sltl.,scribed, payable at such
times as board of directors may require.
In 1\l20 Kentucky adopted a "Blue Sky" law prohibiting the sale
or st;neks or securities (with named oxcopt.ions) unLil apnrovecl by
t-lle .·tat,e Banking Commis iouer, who roquires full iul'ol'Ination on
blanks fumi,,hed by bis office.
Courts. General civil and criminal jurisdiction is ve,;ted in circuit courts which hold t,erms in each county as provided by statute.
Credits. By an Act approved March 14, 1914, it is provided
that a person who shall knowingly in pet·son or through any agency
make any false statement in writing with intent it shall ue relied
upon, respecting his flnal!cial co;11dition, or means Ol' ability to pay,
for the purpose of prncurmg dehv.ery of personal property, the payment of cash, the making of a loan or credit. or extension of credit
and procures upon faith thereof either or any of the things or benetlts
mentioned, shall be guilty of a felony and upon conviction, shall
be confined in the penitentiary not less than one nor more than ftve
years.
Days of Grace. (See Notes and Bills of Exchange.)
Depositions may be taken in all equitable acLions, and in ordinary
or common law actions, where witne s resides twenty miles or more
from place where court is held, or is absent from State, and in many
other cases enumerated in the statute where the witness is privileged.
Depositi<?ns are tak~n either on ~ot1ce to opposite party or upon
written mterrogatones. The ordmary method of ta.king is upon
not.ice, but where place of taking is more than one day's travel by
ordinary ·method and more than one hundred miles from the place
of sitting of court, ~he party receiving notice may require deposition
to be taken upon mterrogatories by giving notice to that effect to
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
1866
BANKING AND COMMERCIAL LAWS-KENTUCKY
adverse part,y or hi attorney upon same day, or day followiug one
(Labor Day), the 12th day of October Columbus Day), the 25th
upon which flr-t not.ice was ,erved. Except in divorce cases, depoday of December of each year, and all day appointed by the president
sitions are requfred to be taken upon interrogatories, If all parties
of the United 'tates, or by the governor oft his tate, as days of fasting
against whom they are to bo read have heen constructively sumand thanks!.!:iving are declared holiday . and ,,hall be treated as Sunmoned and have not appeared, or be dfendants, or under disability
day. If any of those days named as holidays shall occur 011 Sunday,
other than coverture or infancy and coverture combined. Ih ·everal
the ne>.."t day thereafter shall be ob erYed ~ a holiday.
other cases enumerated in the civil code. the court may require
Bu band and ·wue. By an act which took effect June 12, 1894,
depositions to be taken upon interrogatories. and they may always
following important change '\\ere made in the common law of
the
be so taken by consent of all parties. Offlrer. authorized to take ' coverture
which theretofore prevaileu in Kentucky. :',.IatTiage gives
deposit.ions in this State: An examiner appointed by jud!.\'e of cirhushand during the life of the wife no interest in any of the
the
to
cuit court of this district, a judge or clerk of a court, justice of peace,
She has full power to contrnct and to bind herself
property.
wife's
or notary public. Depositions may he taken out of this State before
and her property, except that she can nut hind herself to answer
a commissioner •appointed by governor of this State or before a
misdoing of another. except, as to property
default,
debt,
the
for
judo-e of a court, a justice of peace, mayor of city, notary public,
set apart for that purpose by mortgage. She may sell and dispose
or any other person empowered by a commission i · ued to him by
if unmarried, but may not sell or convey
as
property
per:onal
of
consent of the parties or by order of court. If deposition i taken
on tract. or conveyance
real estate unles · her husband unites in th
upon interrogatories neither parry is allowed to be pre.·ent, eithet"
so by decree or court, in ca e of insanity,
do
to
empowered
u.nle.
state
in per.·on or by a~eut attorney. The officer's certificate mu.·t
husband. After the
the
by
abandonment
or
felony,
of
conviction
when' and where the deposition was taken; that the witne.-; · wa.'I
death of either husband or wife the survivor shall have a life estate
duly sworn before giving it, and that it was ·written and subscribed
wa..o; seized in fee
decedent
the
whlc.b
of
realty
the
all
of
one-third
in
by ,him in officer's presence, or was ~Titten hy olllcer in presence
simple during the covertu.re unles . uch ri~ht shall have been forof witness and reau to and .;ub cribed by witne · in presence of officer.
uch un·ivor has also one-half the personalty
feited or relinqui.·hed.
bandonment and
of the decedent left after the payment of dents.
Descent and Distribution o PropertJ·. The real estate of a
living in adultery by either party, or divorce works a forfeiture of
person dying intestate shall descend in parcenary to his kindred, male
these rights.
and female, in the following- order, viz: (1) To hL chililren and
their descendant : if none, then (2) to his father and mother equally
Interest. The lawful rate of interest is 6 per centum per annum,
if both be living; if either be dead, the whole estate descends to the
and contracts for a greater rate arc void a..c, to the excess of interest.
one livin~; if both be dead, then i) to his brothers and sisters and
A judgment does not, constitute a lien on property
Judg111ents.
their descendants; if none. then (4) one moiety of the e tate shall
in this State. All judgments bear inter ·t from their dates. (See
pass to the paternal and the other to the mtarenal kindred, in the
Limitations.)
and
Executions
following order: (5) to the grandfather and grandmother, or whichThe following are the periods within which actions
ever may be living; if both are dead, then (6) to uncle· and aunt·
Limit tion~.
must be brought, the time commencmg to run from the accrual of
and tneir descendants; if none, then (7) to great grandfather and
the cause of action. Fifteen year : Action t-0 recover real property;
great grandmother, and so on in other cases without end, pa· ing
actions upon jud~ments and written contracts, except negotiable
to the nearest lineal ancestors and their descendant . (8) If there
instruments. .'even years: Action. by . enior patentees against
is no kindred to one of the parents, the whole shall go to the ldndred
junior parentee:·, , ·ho have held po ·se~:ion for seven years. Five
of the other. If there b neither paternal nor maternal kindred, the
ctions upon verbal contra t ; upon a liahility created bY
year·:
whole shall go to the husband or wife of the intestate, or if he or
statute; a<·tions for trespar to real or personal property or for damshe be dead, then to his or her kindred as if he or she had survived
a
same: for the peciflc recovery of persona.I prop•
of
all
or
any
withholding
for
When
ages
estate.
the
to
entitled
died
and
intestate
the
erty: a<"tions upon negotiable •in. trument ·, though a · to tho makers
class first entitled to take are dead, lea-ing descendants such descendof an undi 'Ounted note it is fifteen year.' and as to sureties seven
ants shall take per stirpes, that is to say, b)' representation, the hares
years; actions upon accounts bet\\ een merchants, and actions for
of their respective deceased parents. Collaterals of t.he half blood
relief from fraud or mi ·take. Two years: Actions upon merch nt's
shall inherit only half so much as those of the whole blood. In making
accounts for goods sold. One year: Actions for injury to person or
title by descent, it- shall be no bar to a party that any ance,,tor,
character and for breach of promise of marriage.
through whom he derives his .descent from the intestate. is or has
been an alien. Bastard can inherit in the descending line only from
• ·ote"l and Bills of Exchange. An act relating to negotiable
the mother and her kindred, and can transmit inheritance in the
instruments became a law June 13, 1904, , ection 1 declares that an
ascending line only to the mother and her kindred.
instrument to be negotiable mu t eonform to the following requireDower. (See Husband and ·wire.)
ments. (1) It mu-;t be in v.Titing and shrned by the maker or
drawer. (2) ;\lust <'Ontain an unconditional promise or order to
Executions may issue upon judgment any time until collection
pay a certain sum in money. (3) i lust be payable on demand, or
any
on
b,ue
shall
execution
no
but
limitation,
by
baITed
is
of it
at a fixed or determinable future time. (4) • llL<st be payable t.o the
judgment, unless orde1·ed by the court, until after ton days from
order of a !-pacified person or to bearer. (5) Where the instrument
rendition. Execution constitutes lien on propert.y of debtor from
Is atldres:·cd to a drawee, he mu. t be named or otherwise indicated
time it reaches hands of proper officei. Execution may be replevied
therein with reasonable certainty. Day: of grace aro aboli:bed.
for three months, any time before sale under same, by defendant
The signature of any party may be made by an agent duly authorizedd
giving to tbe officer an obligation (replevin bond) payable t plaintiff,
in ,nlting. Ever)· negotiable in trument is payable at the time tlxe
with good security for the amount thereof, interest and costs. A
judgment to enforce a lien cannot be replevied. No replevy allowed 1 therein: when the day of maturity falls upon Sunday, or a. holidaY,
the instrument is payable on the next succeeding business day.
upon judgment against any collecting officer, attorney at Jaw. or
agent for a delinquency or default in executing or fulfilling duties
Power of AttorneJ·. Power.· of attor-ney to convey real or perof his' o!llce or place, or for failing to pay oyer money collected by
sonal property may be acknowled"ed, proveu and recorded in tbe
him in such capacity, nor against a principal by his surety, nor upon
proper omce in the manner prescribed for recording conveyances. edlf
a debt due by obli1.rn.tion having the force of a judgment, nor upon
the conycyance made under a power is required by law to be record
judgment for speciflc propert~·. or for the property, or its value.
or lodged for record to make the ame valid agairu;t creditors anrl pur·
If land solcl does not bring two-thirds of appraiser's valuation. defendcha.rnrs. th n the power mu. t be lo<lgod or recorded in like manner.
ant and his representatives have right to redeem within a year from
Prote ·t. Where any negotiable in .trument has been dishonored
the day of sale, hy paying purchaser or his representatives original
it may be prote.·ted for non-acceptance or non-payment as the ~,;e
purchase money and te11 per centum per annum intere.·t.
may be; but prote ·t is not required. except in the case of foreign b11ls
of exchange. It i,, the safer practi e to pro t in all case , becat.!se
Exemption~. The following property of person with a far~tlly
in all ca. es notice of dishonor is nece ·• ry to charge parties secoutlarilY
resident in this Commonwealth, shall be exempt from execution,
liable.
attachment, dLtres,;, or fee hill, namely: Two work hearts, or one
work beast and one yoke of oxen; two plow· and gear; one wagon
axation. Taxe due the tate by bank:· and trust companies ar1
and set of gear, 01· cart or dray; two axes. three hoes, one :pa.de. one
payable direPtly into the State treru ury on or before the first daY 0
shovel· two cows and calves: beds. bedding and furniture sufficient
July succeedin~ report by tbeir chiof omcer · required to be made
for fa~1ily use; one loom anti spinning "heel and pair of cards; !J-ll
auditor of public account·, and taxe to countie', cities, towns au_
the spun yarn an<;I manufacture~! cloth manuf~ctu.red by the family
di::;tricts aro paid at the time fixed by law for payment of liko ta:<.es,
necessary for farrnly use; carpetmg for all fanuly rooms in use; oue
\\'ill . Any per ·on of sound mind and over twenty-one years 0
table· all books not to exceed :eventy-flve dollars in value: two
age may make a Yill. 1''ills must be in ·riting with the nameh~r
saddles and their appenda.1?es; two bridles; six chairs: or so many
te tator ub cribod thereto either by him~elf or by :ome 0 \en
the
as shall not exceed ten dollars in value; one cradle: all the poultry
person in hi" pre ence and by hi direc ion. If not wholl:r writ d
on hand; ten bead of she p, not to exceed twonty-flvo dollars iu value;
te;;tator tho -·ubscriptlon must be made or the will acknowled~ge
the
by
and
tufi'
bread.
including
ions,
all wearing apparel: . ulllcient provi.
by the t tator in tho pre ence oft o witne.· es. who shall subscr• n
animal food to sustain the family for one year; provei1der uitahle
ator. The will of a pers~their name In the pre nee of the t
for live stock. if there be any such tock, not to exceed seventy dolh rs
domiciled out of this 'tate is valid ai to personalty, if executed accorbe
in value· and if such provender be not on band, such other property
ing to the law of the domicile; but to be valid as to lauds. it must urt
as shall not exceed such .·um in value; all washing apparatu ·, not to
tale. The county co
executed a required by the la of thi
exceed fifty dollars in value; one sewing machine, and all family
has exclu ive ori •lnal jurisdiction over the probat of wills.
portraits and picture,;; one cooking stove and appentlag s, ancl other
cooking ute11sils not to exceed in value twenty-five dollars; niuety
per centum of the salary, wages, or income earned by labor, of every
person earning a salary, wages, or income of - eventy-llve dollar:; or
less pt:t month, provided that the lien created by service of garni hment exec·ution, or attachment, .·hall only affect ten per centum
of such salary, wag , or income, _earned at the time of sen;:ice of
proce -~; of the ·alary, wa"es, or mcome e?rned by labor, 01 very
of · venty-flve
person earning a . alary, ·a~es or income m exc
dollars per month, ixty- ·even and one-half dollars per month and
no morn shall be e. empt.
Tools of a. mechanic, not exceeding one hundred dolla in value
of lawyer-,:
libraries of ministers of the Go ·pel, profe~ ional librari
professional libraries and instruments of physician,,; and urgeons, not
to exceed in value fl.Ye hundred dollars. In addition to personal ,
property there is for actual bona fide housekeepers. with a family
resident in this Oommonwoalth a homestead exemption of so much
land including the dwelling house and appurtenances owned by
debtor as shall not e <'eed in valm~ one thousand dollars. 'fhi'
docs not extend to a mortgage on or purchase money due for the land
or for debts or liability exi. ting prior to the purchase of the land, or
of the erection of the improvements thereon.
Personal property or money on hand or in bank to the a.mount of
$750.00 shall be e empt from distribution and sale and. ll~ll he et
apart by the appraisers or the e~tate of an intestate to h w1<;10 v and
children or if no widow, to his infant children or chlld urvlvmg him.
The appraisers shall state in their apprai<sement Lhe money or tbe
article and value of eac.h ~et apart by them to the wido , or infant·,
separatel:v to the article ~ apprai. ec: for sale. but if th widow b pr -ent 1
at the time of tho appraisement, or any one authorized by her in
writing, ,.he may make her. election out of the property apprat<; d t,0
the amount of said 750.00 and said apprai:ers shall so r port. The
provision of thi · ection , ball apply to case,, where tho hu band die·
testate. and tne idow renounces the provi. ions of tho will in the
time prescriheti by law.
Holidays. The 1st day of January, the 22d day of 'ebruary, the
10th da.y of day, the 4th day or July, the first_ londay in eptember
tg
i
la
la.
St
Of
b:y
SYNOPSIS OF
state but bond may be increased to amount of claim upon order of
c~mrt at dema1_1n o( debtor. Ga.rnbhn~eut !nay be had a an acces.-;ory
~1ther to a writ. ol attachment or flen fac1as. Attachment may no v
issue for an ofl'en e, quasi offense or tort. if defendant ls non-resident
( ct 215 of 1920).
THE LAWS OF LOUISIANA
IIBLATL -G TO
1
BANKING AND COMMERCIAL USAGES
Revised by Messrs. MERRICK & SCHWARZ, Attorneys at Law,
Orleans. (See Card in Attorneys' List.)
ns
or
y;
ble
lSt
jve
bY
mp--
ers
en
for
1t'S
or
])}6
an
1reor
to
or
tll0
ent
ted
ed,
zed
xed
aY,
er-
the
If
ded
ur-
red
ase
illS
use
rilY
-ew
Accounts. (See Acknowledgments.)
. Acknowledgments or deeds executed within the 8tate may be
made before a judge, notary public, pari.·h n• t·o rdet· or his deputy, in
the presence of two witnesres. These witne ,,es must be over fourteen
years of age. In other States, before a commi::s ion~r of Louisiana,
or any oflicer authorized to take depositions in the :tate where he
reside , but the official character of uch oflicer must be properly
v_erified. A Louisiana commissioner may certify to the ofildal position of any public officer in the tate for which he is appointed. A
deed to be authentic and to be admi,, ible in a court of justice without other proof of signature, must he acknowledged and si1:med before
a notary or commissioner of deeds. In other states any oath or
acknowledgment made before a notary publi . duly appointed in uch
states, when certified und r the hand and ofll ial . ea! of such notary,
s!Jall have the same force and effect "it,hout further proof of the
signature, seal and ofncial character of such notary, as if taken or
made by or before a Louisiana commissioner re ·iding in such State.
Act 140 of 189G. In foreign countries every deed, conveyance, mortgage, i:.ale, eLe., made or talrnn before any ambassador, minister,
charge d'atraires, secretary of legation, consul-general, consul, viceconsul, or commercial agent, and e 'en acknowledgment, attestation,
or authenticat.ion of any of said instrument . oath·, etc., made by
any of . aid otlicer · under their ot!icial seab and signatures shall have
the full force and efl'ect of an authentic art exe uted in this State.
o witnc.·se: !ll'Ces ary. Party appearing before any of said omcers
!}eed not be a re~illent of the place where said ofticer i located.
Totar1al copies of oridnal "hen deposited in hi .;tate in a notary'· office
have full fore and effect of authentic copi · of act executed in this
State. [ \ct 1 G4 of 1 %.]
Actions. Commenced by petition . ettiug forth cau e of action,
articulately in numbered paragraphs, signed by pl: inti.ff or his at,torney
and duly sworn to. Plamtiff must gi\ ~ resident :ecurity for costs or
lllake deposit to cover same if demanded. ( 'co Act 300 of ].914
~eg1;1lating pleadings and pract.ice.) .iµter tll~ng !Jf p_etiti~n. ~efendant
is cited to appear ten days after Fece1pt _of c1tat~on m District Courts
and Justice or Peace courts outside of ctty of • ew <>rleans. In city
courts of ew Orleans defendant. must appear three days after receipt
of citation. • either day of service nor da. _on which ansy,er must
be filed is included in delay. If defendant fail to appear, Jttd~ment
!lY default is 1·e11dcred ae:ainst him. In district courts such judgment
is confirmed two judidal days after preliminary entry of default. In
Justice or Peac court judgment of default i. confirmed the same day
as that on \\hich default i · entered.
Administration of Estates by executor , adminb'1rator ·. or
tutor· who are ex-officio administrators-also by dative executorsWhere there i · no heir pre. ent or ae:ent of heir, public admin.istra~or
takes charge. A non-resident executor of a will m~-;t in all cas_e~ give
bond; a resident does not unle. s required hy creditor:. AdnunIBtra~ors and executor,; of other :-;tates must open ucc1 s.-,ion of deceased
in the courts of this 'tate, ancl be recognJzed? ~uch here befo_re they
cau sue or he sued or transfer property m thi.·. State.
tock m local
Corporations may be transferred by non-resident. e.·ecutors, etc ..
Without the necessity of securing a1~ ord<?r from the__loca~ ~ourt, but
no transfer can he made until the inhentance ta. _t ~dJu ted. No
debts can be paid hy adminhtrator without autbonzatwn of p1•obate
court. The administrator or executor pre. ent. to th court an
account or tableau of distribution ettine:. for_th the payments _and
disbursements he proposes to make. Partie' mtere ted are n_otifled
by ])Ublication to show cau e within ten ~ay: \\hy the ac~ount o filed
should not be approved. Any party inter ;te<;J. ma) '!PPOse the
account b:v oppo •itio in writin , at any time w1t1un the said LC~ days
In absence of opposition account i homolo"ated upon pr uncuon of
satisfactory e\'idcnee bv administrator or ex utor, and the funds
Ordered distributed in accordance therewith. .
. .
.
. Claims against ostat · should be pr scnted m WTlllil": to th.e _admm1strator or e.·ecutor. Should he appro,·e t!_le san~e 1_~ \\Tlt!ng, no
f~rther action i required e ·copt to see that ,h claim i;S placed u ron
his account when filed. :--hould he de-:lin to reco_gmze the c 1~im,
creditor may file •uit against succession ropre e~t~t1ve_and ohta!ll a
~Udgment to be paid in ordinary course f ad!mm: trat10n: If there
ts no danger of prescription, creditor may a"a11 tiling of accomit and
then oppose sa:ue of claim, not induded.
Am.davit . (Seo Acknowledgm nts.)
.
Allen . There is no law excluding th_em from buying or holdmg
lands. The.· are only excluded Crom votm"'. .
.
..
Arbitration. Agreements to submit t~ artt~_twn. r;;gf1t;r;gi~i
1s~Wt.
Arbitrators umst be SI\OI'll, otber\\bJ.le ec1 ignsted
I ct 139
a e board of arbitrat.ion of labor trou e_ e
·
of 1 94.]
.
Arrest for debt may be made on aflida1 it that ,the detbt 1s really
d ue and tb t
t·1 •
-1 . b lie •e that debtor 1 · a 1Jou to remove
0
~ :tts\e St~tJ)~ ~~~~~1~:Et~~.~:ttJ:g~"ol~a~~it~li1£u~~~\~~~r~1~~~~
tion ofv~x~~ ~ 811~\~~dh~f~t:ly in order to. ecw:e.hh demand. D_e~!Or
~y be disc~arg d l>y disprO\_in" fact~; by
t~ ~a~isrtd~~~~l
.A.rr1;;~der, by delivering to sher1fl' prog.~1 Ji.·eut1;ice to an wcr the suit;
1
he c:nn~\ ~~eeh~fjf\~~
ot-"tbe debt. ~linors, interdicted
Person aml women not subject to arre 5t for dcbli.
b A si~nments ancl Insolvency.
tate insolvent laws super ·oded
'ii
ational Bankruptcy act.
.
.
•
tofttachment. Writ: of attachrr~eD;t i~s~~ 1°~tflfeli~~~t°1~ ~fh~~e'f:;
1
Cone u1~er_ oath, wheu_ tho _d.ol>~•i>r
h ha:· mortgaged. ru· ·igned
or diea shim. ·elf to av01d bemg cite · w
ign or di po e of hi: property sp_o.~~d of, or i ~))out to mortf~;h!r~of \'1th int nt to defraud
his • ri!l:li ·. or c1·edits, or some P~\ .
~ome of them; and when
he ~reditor · or g"iv an unfair profei
hb propertv into money
or ~s converted, or i. about to co
'·t hevond the reach of his
cre~yidences of debt ,dth intent obpl;ct; r 1110, e bis property out
of i ors, or, if debt not due, i. a _ou b d qual to the amount
clai~:d State.
rcdi~or
_fu~!~:1:oh:1t; ..urcty, residing \\ithin
the j . to he due, with at aas d. . ed for pavment to any party
lnJur~L'bdic~ion of the co1:1rt,
J.~~ages u--tained b,r him in case
it is
,Y issuance of writ o a
. : wrongfullv obtained. (Act
o. 7de 1cled that the attacb n~e_ntm"ci~t if debtor· resides out ide of
• 18 .) Bond for 250 1s su
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
g~'ig:1i 0
?h !YP~~-c;;,:~~i
J~ g~Il
~J:rio
mtr
/?TT
Bank,;;. Banking corporation organized under banh'i..ug laws
adopt~d in l :i5, amended in 1 ,·, in 1892, and in 1902. ~'M ing ,
deposit, and tru.·t companie· provided for by Act 150 of year 1
.
amended by Act 95 of 1 ·v2, \\ hich is nu v amended by Act I {.I of
1902_. The number of per.·ons or~anizing must IJe five or more.
To
special act of i~corporation can be passed. By Act 1 9 of 1902.
the general ban:·mg act of 1 ,35 and the amendatory acts of 188 and
~f 1 ·u2 are amended a. follows: 1. Period of time must be flxed
m act not to exceed ninety-nine years. 2. Banks can not hold real
estate for lopger time than five years, except such as necessary for
the transaction of their business, or except that held as agent or
trust~o: 3. All managers and directors shall be citizens of Louisiana.
4. Safe deposits and trw,t ban.ks without power to issue bank notes
may ~e orga_nized under this Jaw wit,h a capital of $50,000 or more:
of 1~h1ch cap1t3:I at least $10,000 shall be paid up before commenr'ing
busmess. In mcorporated towns with less than 20 000 inhabitants
must have cash capital of not le.·s than $30,000, which must be paid
up before ~an commenc_e business. It may be made a receiver,
trustee, a. ignee or syndic, and e ·ecute trusts of every description.
:.\.loney or other Yaluables depo ited by married women or minor
may he drawn out , ·ithout the authority of their hw. band. or tutors.
Under Act 45 of 1902, banks or!!;anized to do a savings afe depo it
and trust banking business must be composed of more than five
persons, may be organized for not longer than ninety-nine years,
may not. hold real estate for long r period than ten year·. except,
such as 1s held as a~ent or trw,;te •, or necessary for transaction of
their business; may aceept and execute trusts or agencies of all descrip~ions, may be_ appoin~ed by any person or by court executor, admin1strator, syndic, receiver, curator, tutor, trustee or assignee. Capital stock considered as security for faitW:ul performance of duty
thou~h court may require other security, and may require the state
examiner of banks to investigate the a.ITairs and management of
the bank. Such banks can not issue notes and mu,,t have a capital
not less than 100,000, which must ho paid up in cash. (See Act 121
of l!JlO, amending Act 45 of 1902 a-; to capital requil'ecl in cities of
less than :30.000.) (See also Act 17!) of 1902, aud amendment thereof
Act 1·10 of 190{i and amendment thereof, Act 152 of 1910 and amend~
ment thereof.Act 96 of 1912.) Act 23 of 1910. amending ,\ct 45
of 1902, provides for l>ranches. Act 112 of 1910 create· a State
Banking Department having supervi ion over all state banks. Amended by Act 4 of 1912.
Chattel [ortgages. ~\. pro, ided for by Act 198 of 190,, anv
kind of movable property may bo mortgaged for debts, for money
loaned, future adYances or to guarantee contract ural obligations.
The act of mortgage must be passed before a
otary Public and two
witnesses and must be recorded in Parish where property is situated
and Parisn where mortgagor resides in order to affect third persons
without notice. Chattel so mortgaged cannot be transfened from
one parish of the State into another without written consent of
mortgagee.
Collaterals must be delivered to be effectual. Act 9 of 1914
make.· it a felony for a customer of bank to wrongfully dis po. e of
gi~~fi~~l
to bank. Uniform Bills of Lading law
0
(X~fW ~11i1i~)
1
Conditional Sale. Act 119 of 1918 makes lawful a conditional
sale of tank cars providing for retaking of car by conditional vendor
~~~~oc¥!t~i~~\,~[a~:~~f.:i~n f~;f~fe~~ven to vendee, all payment• of
Con,•cyances. All agreements afl'ecting real property must be
in writing, and transfers and mortgages, etc., must be recorded in
the place where the property is situated to affect the rights of third
persons. Deeds are. ~ade under private signature or by act passed
before a notary public m t,he presence of two witnesses. Both vendor
and vendee sign, th~ugh signature of vendee is not essential, as any
act of accept~n~e will answer. The not.ary in Parish of Orleans preserves the orrgmals of deeds passed before him and certified copies
given by hin1 are received as evidence in the courts. Every notarial
deed should contam (1) elate or act and place where it was pas ·ed. (2)
n_ames and surnames and quali_ties of contracting parties, (3) descript10n of the PJ'.0perty, etc., (4) price of transfer and terms and conditions.
(5) The marital statu. , of all parties mu ·t be given. When a married
woman executes a deed she mu t be authorized by her husband. The
husband acts alone in the sale of community property; tho signature
of the wife being unneces.,ary,
Corporations. Any number of persons, exceeding six, may form
themselves into corporations for literary, scientific, religious, and
charitable purpo·es; for works of public improvement, and generally
all works of public utility and advantage; and any number of persons,
not less than three, may form themselyes into a corporation for the
purpose of carrying on mechanical, mining, or manufacturing business,
except distilling or manufacturing intoxicating liquors, with a capital
not lo than $5,000 or more than $1,000,000. Any number of persons, not less than three, may form then ·elves into a corporation on
complying with the general corporation laws, for the purpose of carrying on any lawful business or enteriJrise not otherwise specially provided for, exeept stock-jobbing. Fifty per cent of capital stock must
be subscribed b~fore flling articles or incorporation and 50 per cent
of all stock subscribed must be paid in before corporation engage·
in busine.-- and the remainder in twelve months under penalty of
dissolution. The legUature can not pa s a special act conferring
corporate power .
'orporation committing a trespas.' or damage
may be sued at place where it occurred. (Act 22 of 1894.)
ll
corporations hereafter organize(! mu«t have their charters, etc.,
recorded in the o1flce of the secretary of state. (Act 59 to 1 9 .)
( ee act 154 of 1902 for formation of corporations for works of public
improvement.) Act 120 of 1902 provides for organization, etc., of
local and foreign building and loan or homestead as ociations. Three
or more persons may form a corporation to carry on any business
pecit1ed in charter that would be lawful for any individual to carry on.
l\.Iav carry on any named business or difl'erent branches of business,
whether related or not. Must have capital of not less than $3,000.
(Act 78 of 1904).
o corporation can declare dividends out of its
capital stock, under penalty of forfeiture of its charter. Meet.ings
of corporat.ions must be held at, domicile (Act 63 of 191/)).
Foreign Corporations may be licensed and taxed by a mode dil?erent from that provided for home corporations.
o domestic or foreign corporations shall do any business in this tate without having
one or more known places of busln · and an authorized agent or
agents in the State upon whom process may be served. All corporation (except mercantile corporations) domiciled out of the 8tate and
doing business in the State in default of filing with the secretary of
state a declaration of the place of ;ts locality or domicile together with
the name of its agent in the tate upon who~ se~vice of process may
be made. may be sued upon any cause of act10n m any parbh where
the right of action arises.
Foreign corporations must file in office of secretary of state a written
def'laration setting forth and containing the JJlace or localitv of its
domicile, the places in the State where it is doing business, and the
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
BANKING AND COMMERCIAL LAWS-LOUISIANA
name of it.-, a"ont or other olflcel· in this. tate upon whom proce,-,. may
be snrve<.l. (Act 5-1 of rno.i amended by _\et 2~4 of 1nos.
ct 2 4
of 19')8 amended by Act 243 of 1912. • ee Act 194 of 1912.)
Act 267 or 1914 relating to corporations repealed several
previous acts and undertake~ to en1body in one act all es ential detail· with respect to th organization, power and dutie
or trading corporations, foreign and domestic. (A. to nontrading corporations see Act 259 of 1914.)
Courts. Terms and Juri diction. In parishes other than Orlean ;
Justices' courts-exclu ·ivo jurisdiction up to 50, and concurrent
with the district courts, between :')Q and $100. 2. District, co_urtsconrurrent with justices' court., betweun $50 and $101): exclusive for
all civil matters over 100, aud in all probate matters and appel~ate
jurisdiction in all civil matters in justices' courts. ln Orleans pa1 ish;
J. City courts-exclusive jurisdiction up to $100. 2. Civil district
courts-exclusive over $101l. Justices and city cow·t: open at all
times. In parishes other than Orleans. district courts ~hall hold continuous sessions during ten months of the year. In parish of Orleans,
civil district court its from October 15th to end of June, but shall
remain open on all legal days during the whole year for granting int.erlocutory ord r ·, issuing writs, trial· of i:ules to quash same. trymg
proceedings instituter!, or on appeal therein by _a landlord for the
po session of leased property, partition proceedmgs, and for such
special probate and insolvency businesS, as the coiµ-ts ei_1 bano may by
rule determine. On all amounts up to $2,000, mclusn:e, an appeal
may be taken to the court of appeal! , from t.he city and district court.s
respectively, and on all amounts over ,..2,000, to the state supre~:ic
court. An appeal lies on uoth law anrJ. facts. Appeals from the c1cy
courts shall be tried de noYo.
Uays of Grace. Abolished.
Deposit.ion~. To take t,estimo_ny of witne.· · re.,;iding <1ut of paris!t
or State it is necessary to flle motion dL1ly sworn to showm~ non-re.·1dence and materiality of eYidencc. Writt n interrogalori<'s are pn•pared and served on oppo. i~e 1Jarty, or l_1is eotm~el, who ha" thre::- days
in which to cross. C~mm1ss10n then is,;ues. directed to ome proper
officer, with interrogatories aml cro ·,-, _interrogatories anne. cl, ,\ho
must cause witne. to appear before him to an:-•ver under oath the
direct and the cro · · interrogatories. He should reduce ans\\er to
writing, read same to witne: · and cau ·~ witne s to sign snm_e. The
officer then prepares a process vorbal ot tho whole, attaches it to the
commis,,ion. interrogatories. etc .. and . hould retw·n same to the c urt
issuing the commisi ion within the time fixed therein for taking t.lie
deposition. The deposition of a fugitive from justice is not admissible
in evidence. (Ali-o see Act 176 of 1910.)
Descent. If one dies leaving 110 descendants, but a father and
mother and a brother and sister, or descendants of these last. tho
succession is divided into two equal parts, one goes to father ancl
mother t.he other to brothers and :-;i:ter · or their desce11daut. . lf
either father or mother of deceased dies before him. the portion which
would have been inherit d b,· ueh decea.c;ed parent foes to the.
brothers and :isters of the deceased. or their descendants. If cle~ea ed
left neither descendants nor brothers nor. isters, nor desrendant from
them, nor father nor mother, but only other ascendant·, they inhe1•it
to the exr.lusion of all collaterals. If ascendants in pafernal ~nd
maternal lines are all of the same degree, the estate b d1v1de<.l mto
two parts one goes to ascendants on the paternal an<.l the other to
ascendants on the maternal side. If there is in the ucal·est d~ree
but one ascendant in the two lines such ascendant exclude. all other
ascendants of a more remote degree. lf one dies leaving no de ·cendants and his father and mother survive. his brothers and sbter .
or their descendants, take half of his estaLe. If the father or mother
only survive, brother· and sisters, or their de cendant , take threefourths. If one dies lea,ing no de.s ·eudants nor father nor mother,
his brothers and si ters, or their descendants. take all the estate.
The partition of the half. the three-fourths. or the whole of a succession falling to brothers and si.ters as above set forth, is maJe equal
if they are oft.he same marriage, if of different marriages th~ sucres ·ion
is equally divided bet.ween the paternal and maternal Imes of the
decea.'ied. If deceased died without descendants, Jeavin,:; neither
brothers nor sisters. nor descendants from them, nor mother nor
father, nor ascendants in the patcrna_l or maternal lines, hi. ~uceession
passes to his other collateral relat10ns, tho one nearest m degree
excluding the others. When tl,e deceased ha· left. neither lawful
descendants nor la"\VfUl ascendant , nor collateral relatious, the law
calls to his inheritance either the surviviug husband or wife, or rus
or her natural cruldren, or the State. If natural mother left no
lawful children or de-cendants, her natural children, acknowledged
by her. inherit to the exclusion of her father and mother and other
ascendants or collaterals of lawful kindred. • :r atural children inherit
from their naturnl fatber, who has acknowledged them, when he has
left no descendants nor a,sccndants, nor collateral relations, nor
surviving wife, and to the e. clu. ion only of tht; tate. Donation:
inter vivos or morti · catL<.a cannot exceed two-third of the property
of tho disposer if be leaves at hi dece~ e a legitimate child, one-half
if ho loani.-.; t,H> children, and one-third if he leaves three or more.
.An inheritance tax is levied upon all inheritance·. legacie and donations provided no direct inheritance or donation to an a cendant or
descendant below 10,000 shall be ta.·e<l. Tax is 2 per cent on c~ir~t
inheritances and donation,-, to ascendants or descendants or sur\'lvmg
wife or husband and 5 per cent for collateral inheritance-.: and donations
to collateralr or . tranger.-. B quests to educational, rc.ligious or
charitable institutions are exempt. Inheritance tax not due when
oroperty inherited, b~queat~cd or donated sl~all have borne It j~ t
proportion of taxes pr10r to tune of such douat1on, I.Jeques , or mheritance. H. '. . 915 amended to read "In all case when either hu. band or wife shall die leaving- no descendants, nor ru cen<.lan and
without having di po.-oJ by last will and testament or his or her hare
in the community property, uch undkpo. ed of :hare ·hall b inherited
by the w·vivor in full ownership." (Act 57 of l!HO ..
Divorce. (Sec eparation from Bell and Board.)
Dower. ( 'ee l\TaITied "'om n.)
Employers Lia bilitJ Act. There is a genPraJ Employer· Liabilit~•
Act in the 8tatc. ett ing forth spe 'ial com pen. ation for various injurie .
Execution. Property 1,aken under a writ of fiel'i aeias mu t be
advertised and appraised, and can not be :-old for le.:s than t\\o-thirds
of the appraised value, until it has heeu re-advertised. .Advertisements of movables three times In ten days-of real estate once a
week for thirty days. If two-third.· of apprai -od value i. not bid,
property must be re-advertf:s d for fifteen days, and old on a c1•o<lit
for twelve months for whatever it will bring. There is 110 redemption
of propert,y sold under execution or mortgagA. ,.. 'o tay of exe ution
is given except on appeal, and execution may issue at any time after
the delay for appealiug stL-;p 'nsively ha expired.
ct 11 :-! of 1906
authorizes sheriffs and coru table· to put purchas r of. elzed prop rLy
in possession.
Exemptions. To head of family, real estate i owned and occupied
as a residence, together with certain furniture, stock. implem nts,
provisions, etc.; the property not to exceed 2,000, an<.l provld d tl1e
person claiming the benefit oft he home. tead execute a writt n declaration of homestead (.\cts 1 80, J. 'o. 114), and no exemption if wife
has separate property worth over S2,000.
o registry re~uired in
~~~~b~fJ1r~n t~vi~r~;ars 'en~~fe6Ja:~ve 1~~86 ~ut ;?~ec~:i~dwhri!
1
band'· estate, if in necessitous circumstancP.;, by preferenco over
e,·en a first-mortgage creditor. Sheriff or constable can not seize
linen and clothe. of debtor or his wife. nor hi:s bed, nor those of his
familv nor his arms and military accoutrements, nor tools and instrument~ 'and boolc,-,, sewing machines necessary for the oxerci ·e of rus
or her c:allim~. trade, or profe. ion, by which he makes a livin~. the
right of personal serYitude. of use and habitation. of usufruct to th
estate of a minor child, the income of total property, money due for
salary of an officer, wage.· or recompense for person~! .·en·ic~ (la)?orers'
wages) cookine; st.°' o. plates, etc., family portraits, musical mstruments played on by family. (Acts L 7G, • ~o. 79.)
Fraud vitiates all contracts. Action barred hy one year imitation
to annual sale on account of fraud. For fraud on part of purchaser:
of goods see Act 114 of 1012 amending _\ct 94 of l 9G.
Garnishment. ""age earned out of thi. Mato and payable out
of this State. shall be exempt from attachment · garnishment in all
cases where cause of a.ct ion arose out of this tatc, and it shall be the
duty of garnishee · in . ucb cases t,o plead such e.·emptions unless the
defendant is actually .erved with proce . (Act 165 of Hl04.) (See
Attachment.)
Holida~·s. . undays, January 1st, January th, February 22d,
Good Friday, .June 3rd. to be known as Confederate ~Iemorial Da)·,
July 4th, the first, :\Ionday of September. to b«; known as Labor Day,
October 12t.h, Christopher Columbu: Day, ... ovomber 1st, Thanks~ivine; Dav, a,; designated by the President of the nited States,
December·2stb. and all general election days, whether Presidential,
Con::,>Tes--ional, . tate. municipal or parochial, in the localilics wherl'
said ele •tions are held; and in tbe Parishes of Orleans. St. Bernard,
Jefferson. 't. Charles. and 't. John the Baptist, .Mardi Gras, and also
in cities ancl town,; when the population shall exceed 10,000, and in
the Parishes of 't.. Bernard, Jellerson, t. ,harlcs. and 't. John the
Baptist every aturday from t.weh'o o'clock no~n unti! ~welve o'clock
midni 6 ht. t,o le known as a half holi<lay; and m all cities and towns
whose population exceed 10,000, whenever January 1st, January 8th.
February 22d, June 3d ..Jul~· 4th, 1'm·ember 1st, Decemher 2,;Lh shall
ran on a unday the succeeding day hall be a legal holiday.
Husband and ,·rtre-. ( ee Married Women.)
Interest. Legal r:i.te is ,> per cent, but per cent may be a~reed
upon in writing. If hirrher than per cent is char!l;ed, it is reducible
to per cent. lf pai<.l, it may be sued for and rcl·overed "\\ithin two
:rears.
Judg,nent · recorded •in the office of the parish r corder become
mortgages from date of record upon all real e ·tate of tho debtor, and
may be thus recorded in any parish wher debt.or owns real estate.
They are valid for ten years, when they must be ren wed.
Liens or Prhilegc-. The follo"im?: have. pecial priYilep;es, viz.:
1. Le sor's privilege. 2. Privilege of the creditor on tho thing
pledged. 3. Privilege of a depositor on the price of a thing dt•po:ited.
4. Privileiw for expenses incurred in pre., en'ing thing. 5. l'rh Hege
of the vendor of movable effect . o long as they are in the po. sc. sion
of the vendee. 6. Privil ge of the innkepcer on the effects of t.he
traveler. Pri\ileges re ting u11on imm°' bles are as follows, viz.:
1. The vendor on the estate by him . old, for tho mtyment of the
price or so much of it as is unpaid, whether It wa,· • old on or without
a ccedit. 2. , rchitects, undertaker:, bricklayers. paintprs, master
bnildc1 ', contractor:,, sub-<:ontractors, journe)'men, Jahorers, cartmon, aud other workmen employed in constructing, reuuilding, or
repairing house .. buildings, or making other works. 3. Those who
hM·e . uppliecl the owner or other per on employed hy the owner,
his agent, or sub-contractor, with materials of any kiucl for the con:truction or repair of an edifice or other work, \\hen such materials
l1aYe been usccl in the erection or repair of uch hou cs or other \\OrkS,
(.Art. 3252.) Pri,·iloge on crop to be recorded (Act of 1 un.) ThE;
vendor of an a11;ricultural product of the nited . tatc. has a five day
privilege for unpaid purcha:·e pric in prcfcrenc w all others. Prividlege granted mployc. in . aw mill,·, etc. ( ct 145 of 1 . s, amende
by .Act 52 of rn 10 and Act 23 of JC 12. ""id.ow and children left in
nece:;sitous cfrcumstanc s are entitl d to an amount in bu ·band's or
father's succ · ion suificient to m ke 1,000 h lusive of property
already po ·so · ed by them. Thu prh·lleg prime all others except
vendor's privilege, that for exp 11! e · of elllng property and conventional mortgages, representing mon y actually loaned for not leSSd
than one year as not exceeding 6 per cent for interest, discount an
charges.
Limitations to
ult .
Pr ·criptiou - .\ccount stated and
acknowledged in writing are prescribed on!~· by ten years. (.Act,. 0 ~
18 S.) Personal action:· one year.
ction for tort. of all kind»: 10
injury to or ll{lll-delivery of merchandi e hipp d on vc.."" els; for fe~
of justice, notary, or constable; for innk pers' accoun s; for accoun
of retailer of liquor. : for wag~ of labor !I' or <:ailo : for freight:
for tuition by month. Three yea : \ction for arrearagc.c; of r~n
charge·. or hire of movables or immovable or moncJ,· l •ut: t'or a_I~ries
of over er, clerk . or tuition by quarter or year; for f e of phys1c1a~
apothec ri . , attorn ~ . sheriff . clerk , nd recorder.: on op
ar-coun of mer •lJan . wheth r who! ale or r tail, and others. F 0
year·:
ctlon by mino agatre t th Ir tutors, counting four yea .
from majority. Fi •e .·ears: .\ction on bill of . cllang or prootlS
sory note . counting from maturity, and for nullity of cont:act or
wills; for rccision of part it ion ; to •t a ide pub II • and ju1licJal
for informaliti . Ten year·. .All oth r actions; tho riid1t to !l. us t
fruct or servitude, all Jmlgm nt ·, \\ll ther render d "ithi..t1 or wnbo~
the .'tate, but judgment, m y be re,·ivcd b for lap. e of ten rea
and are then good for ten year from date of revival. Pre~nipti 00 ~
1
ten and thirty year now runs a~ail
minor , intc.>rdicts and 1narribe
wom n (Act 161 of 1920). Hu. band and \\if can not prescr
against each other.
Limited Partner hips. ( ee Partnership.)
o:\Iarrled Women.
ct 9-! of the Le islative
ion of 1916 prnvide.s that a married, omau of th"
tat hall be competent to .~0 to
tract and bind and obligate h
elf p · onally and '\\ith referent: nd
her oparate and paraphernal property, and to appear in Courte: as
tu ·ue and be ued to the same extcut and in the ame ma1_1n onthough . b were a gomme ol ; pro,ideu that nothing herein c tes
taiued . l1all be de med or con tru
to affe t in any way the stat~i1iY'
of tW~ :state, e ·tahlbhing and r ulating th matrimonial corngi~orn·
of acquets and •ains, and pre -rilling what . hall b de me
use,
munity and ,~ hat be deemed . epara e property of th other po and
Hevbnue · of all parat prop rty adminl tercel hy the bushan~, cePt
all property acquir ·d by ither hw band or vife afu•r marriage, unles&
by donation or inherJtanc constitut part of community, cqui·
bought with th
par· t mean of either and a a cpara~ ?b! ~e
ition. "ife h· no dower in her bu band' re I c ·tare. 1
reJcan have no claim upon th prop rty of the hu baud to th~uses
udic of third partJ , uni
r ord d. Wh r on of the
iJl &
i agent for th other. ho or h may b
!Lu
for the oJh~; lVife
matter conn ·ted \\ ith that tran action, oth r" · hw ban rtiJall
cannot t tify in favor or again.st the other e, en though both fbe 8urcons t. Aft~r di olution of marriage uy d th <•r divorce yip.eJlfi
vivor i entitl d to on half of all prop rty remaining after ~~
of debt", acquir d during maITiage, a.net iu cru of deatl!, tbfe d ~
of the other half, unle thi half i di p
d of by will (o' e , •I,1eJJ8
spouse. , ife cannot be a ·rtn
o h band' will.
e
and Privileg . ")
an1
%
sa!~
r
1869
BANKING A D COMMERCIAL LAWS-MAINE
render annual accounts, and are allowod :l 2 per rent on the iuveH:\IonopoUe or Trusti- are regulated and right are given against
tory as commissions. Attorneys at law aro appointed to represent
them similar to t,ho:,;e exist,i1111; under Federal Law. 'l'lle state authorab,ent heirs. Properties acquired during marriage arc presumed Lo
ities may take action and the individual may re.:uver t.hreefold damages
be community propert~'. and surviving spouse is owner of one-half.
slt',tained. See Huus Bill. ~ ~os. 7 and :s. extra ·c_ ion 1915, approved
\ 1len either husband or wife dies. leaving no a ·ce11da11ts or descendJune 10, l!H5.
ants, and v, Hhout having disposed hy will of his or her share in the
l\lortgages can be foreclosed at, any time after maturity of the
community, the survh·or holds such share in usufruct during his or
debt, by instituting a reµ;ular suit and obtainin~ jud~ment thereon, or
her natural life. (See Succe. sions. l
if the act imports a confession of judgment in fa, or of the holder. he
Protest. (See • Tegotiable Instruments.)
can apply to the cow·\, for an order directing the sherifi to seize and
.·ell the property. All mortgages mu.·t be recorded be1ore they can
Separation from Bed and Board. :\lay be claimed reciprocally
have any effect as against third parties. Trust- deeds al'e not legal,
fur: 1. Adultery. 2. ,vhen spouse cond mned to infamous punand chattel mortgaµ;es arc unknown to the laws of Loui<;iana except
ishment. 3. Habitual intemperance, excesses. cruel treatment, or
as stated under heading "chat.tel mortgage.·." There L no redempoutrages. when such renders living together insupportable. 4. Public
tion of property sold under mortgage. ~\11 tacit mortg-ages haYe
defamation of one spouse by the other. 5. Abandonment. ti.
been abolished since l 670. In making sales or giving a mortgage
Attempt of one spouse against life of other. 7. " 7 hen one spouse
the
obtain
to
husband
upon his property, it is not necesi-ary for the
cha1·ged "ith infamous offense actually JleC's from justice. Divorce
•ignature of the wife. A mort.gage resultin~ from recording a judgment
may now be obtained if both pa1·ties have li,·ed separately for seven
can not have that eil'ect until after adjournment of court. [Act 1888.)
years.
Lessees obligate<l t,o erect buildings, etc., upon leased property, can ,
Judgment of Divorce. "A vinculo matrimonii" can be obtained
mortga!(C the lease, together with the improvements, etc. ( \ct 21
immediately for first two causes. For other causes it is necessary
of 1908., Leases and contract,s to explore for oil, gas and minerals
first to ol:11,ain judgment of separat,iou "a mensa et thoro." After
may be mortgaged (Act 232 of 1010).
judgment. of separation from bed and board, if Lhere has been no
reconciliation, party in whose favor judgment is rendered can obtain
To.
• ·t~~otiable Instrument--. ". Tegotiable Instrument Act ·
64 of 1904) changes in many re;:;pects the la"s formerly applicable to ' final divorce one year after finality of judgment of 1-;eparation. Party
against whom judgment is rendered must wait t·wo years. When
bills and notes. Under it, days of grace, which formerly were custommarriage i celebrated outside of state parties cannot obtain divorce iu
ary, are abolished. ln.-truments are payable to hear r if made payable
state on grounds oceurri11g outside of state.
to the order of a fictitious or non-e. istin•? per:-..on, when such fact is
known to the one makin~ it so payable: when name of payee does
Taxe . Taxes on real estate cannot be enforced until the expiranot purport to be name of any person; or when the only or lru·t indorsetion of the year fo1· which they are leYied and after legal notices to
ment is in blank. ,vhen there i , a discrepancy between the words
delinquents and acl,·erti ·ement. Lands sold for taxes are redeemable
and tbe figures of an in,·trument, the sum denoted by the words is
within one year, by t.he o ~ner, his agent,, 01· heirs, or any creditor,
~he sum payable. Two or more persons signing instrument containon payment of t,he pw·chase money, with 20 per cent interest and
mg words, "I promise Lo pay," are jointly and se,·erally liable thereon.
costs, and all subsequent taxes paid. Lands sold for taxes due prior
Presentment for payment is unnecessary to bind party primarily
to 18 O al'e nut, redeemal)le. State taxes are. 7 mills on actual value,
liable, but is necessary to charge drawer or indor:-er. Notice of disparish taxes at·e exceeding 10 mills. City or rew Orleans taxes are
honor must be given to drawer and indorser ~ hen instrument has
2:n mills 011 90 per cent of actual value. Delinquent state Laxes bear
heen dfa,honored by non-acceptance or non-pa~·ment. otherwise they
iutere ·t at 2 pe1· cent a month, C'it ... taxes, 10 per cent a year.
are dischar~ed. A bill of exchange doe· not operate an assip:nment
Wills. There are four different I-incl of wills, viz.: The olographic, nuncupatiye by public- act, nunc-upative b)· private ar:!t, and
~f funds in hands of drawee available for payment thereof, and drawee
1s not liable till be acce1,ts same. Ilolder may requir • 3:cceptance
mystic (or sealed) will. The olographic will must be wholly written,
to be written on bill, and if refused. may treaL the bill as d1shonoreq..
dated, and signed by the testator, and may be made within 01· with,~u acceptance writte·n on paper other than a hill, and an t~ncond1out tbo State. • uncupath e will by public act as written bJr a notary
in presence of t.hree witne:;ses, over the age of JG years complete,
tional written promise to accept a bill before it b dra~'I!• lnncls the
acceptor only in fayor of a purchaser for ,alue on faith thereof. 1 not insane, dear, dumb or blind, residing in the place where \\ ill
is executed, or five witnesses not residents of th~place, at the dictation
Drawee has twenty-four hours to decide whether he "ill acC'ept or
of the testator. • ·uncupative will by priYate act and mystic will.
not. A drawee who destroys a bill presented to him fo~ acceptance,
or who fails to return the bill wit.bin twenty-four hour.·. 1.- deemed to
are subject to mauy formalities which may ho best obtained l>y roferenco to CiYil Code Arts, 1r.s1-15 7 both inclusiYe. All persons
have accepted the same . \'\'here a signature is so pJacecl upon a
of sow1d mind o, er sixteen years of age may dispose of their proport.y
negotiable instrument that it is not dear in what capa<"Ity the person
1~aking .-arne intended to sign, be L deemed an indor ·er.
Foreign
by will. Will· executed without the state i;.tiven force and efl'ec:t
provided same he in writing and subscribed by testator and follows
b1ll1? must be protested for non-acceptance or. non-payment. \\There
form of place where executed, or of testator's domicile. (See act, 17G
~ bill does not appear on its face to be a foreign bill. protest thereof
of 1912.)
A check must he presented for
Ill case of dishonor is unneccs:ary.
Payment within a reasonable tim(~ or drawer will be discharged from
any lo.-s caused by delay. Bank is not liable to holder or a check
until it accept or certiflc' same. When the la.st day to do an act
rr>r1uired or permitted to be done under the act fall· on a Sunday or
legal holiday, it may be done on the next succeeding .-ecular. or busi!)e. s clav. When day of maturity fall· on a • unday or a hohda~·. the
111 ·trum'ent is payable on next succeeding busincs.· day. In. truments
falling due 01 1 Saturday are to he presented for payment on "~Xt
· Ucceeding businc.-s day, except that instrum nts payable on depiand
lllay, at option of holder, be presented for payment _before 12 o clock
noon on Saturday when that entire clay is not a holiday. 1f the day
or days next . uccceding the protest for non-~cci,ptanee or non-paY:rnent shall be daYs of puhlic rest or legal hohdays or legal half hohdays, then tho day ne.·t following shall he computed 3:s the llrst_ day
a.rtel' the protest,, "Sen iec of citation shall nor he wan·ed, nor JUdgtnont confessed hv any document under private signatur executed
the oh ligation sued on." f rticle !11, C'onPI:ior to the maturity
·t1tutiou 1 '98.J Acceptance must be in wTiting an!1.·ignecl by drawee.
It must not expre.- that drawee "ill perfo1m his promLses hy any
Other mean.· than payment of mone:r. (Act I _!} of HJ0 .)
tip_ulations that o~e sh?Jl
Partner hip Liniited and Special.
~atticipate in the profits and . h,ill uot contrJbutc !? _lo: ·es Is_ ~:01d,
0 th as re~ards partners and third per.-on. .. l artnex. lnps ?re dlVJded
omas to their object into commercial and ordmary partn r.-h1ps.
~erciaJ partnerships are such as are formed: I. . For t_he purchase
f any personal prope1·t:r. and the sale thereof e:1ther m tl~e same
tate or changed bv manufacture. 2. For buymii; or sellmg 3:ny
P~rsonal property whate,·er, as factors or broker,. 3. F9r earry1~1g
Personal property for hire in ships or other ve~ el:-. Ordmary pa! t~erShips are all such as ai:e not commercial. _'fhe~e is als? a species
! J)artucrship which may ue incorporated "1~h either of the other
~ln<ls, called partnership in ("onunendam. It IS fo_rmed b~· contract,
Yy Whtcn one person or partnership agrees to furm h another person
~; Partnership a certain amounL, eith~r in proport~ o_r mo~1 7. to l?e
htPio;recl by the pt•r. on or partner. !up to "bom 1t _1 .. fm m~h;d· !11
LI or their own name or 1lrrn, 011 couditwn, of re en·u1g a .-bare_ Ill
Ii 10 Pl•oflts, in the proportion determined by the co~Itrac-t.. and of bemg
p~lilo to losse~ and e,·iien:,es to the amount furru .h d ~nd no n~ore.
SYNOPSIS OF
n artn r in commendam cannot bind other partners by hi:: act. I art]1ip in commendam must, he niade in writing: l!lU t ex11r ,..,_ amo~nt
. tnshed or agreed to be furnishc:d; the proportion of profits "h1ch
~artner i to receive and cxpen e. and lo ·se · 11 i to bear, 11:.U:t state
p~O~he~ it be received in goods or money, etc.; mu:-..t ~e so.m .9- l~y
[ _rtics m presence of at leasL one witness aucl rocorcled_m full "lthm
<lays in mortga~e office. If branch house,-. are c.stah!J hed the con-:
RELATING TO
/•Pt, lllust he rt corded in parish where bran<'he. ar_e loeate_d. If
1Ji:~tn_er
in commendam allow his na~1o to he. u. eel, .~r 1f he ta,~e any
Part Ill the busin(•:,;s of the partner:-h1p, be w1l! be h:1hlo as a ~en~ral
tnP,r. Ordinary partner. arc not bound m . oildo for debts of
BANKING AND COMMERCIAL USAGES
gartn<'rship and no one or' them can bind bis pa_rtn r. unle:ss they
h~ve 'iven him power 10 do so; each i,; bound/or !us ~!tare of the debt
caJro_portion to the numh r of partners. C;on1:11ercml partner. are
Revised by YDNEY B. LARRABEF,,
1
liable for the entire debts of the partner-.hip.
Attorney at Law, Portland.
;\lay be written or oral. l\lay bo_ eith~r
g 1'o,ler!-I of .\Horney
(.oee Card in Attorneys' List.)
genera1 for all ·afhir. or ~pe"C'ial for one affair only. One conceived rn
0 ~n1raI terms coi;fers 01;Jy power of a<lminbtration; to . ell mortgag
l>e~~l~ny other act of ow11er,,h1p. the PO" or IUUst be expres.s and
Acknowled~ments. (See Deeds.)
Action . At law begun by writ,, under common law pract.ice, bu
ar rrobate Law. There i-; no special probate c:ourt,. Di.-trict cow·ts
uits in equit,y are begun by bill of comcontaining dcclara1ion.
llr/t. ':'estecl with probate jurL diction. :-;ucce,,s1ons are opened 1:}POn
filed with clerk of cow·t and subpoma is ued by him, or may
plai11t,
if h ition of intere ted persons in t-bc parish wher the dee ~ ed r . icl~d,
and served by copy of hill and writ.
attachment
of
writ
in
be inserted
\\·he had ad mi.clle or fl.·ed place of residence in th• :·ta?': Ill tl!~.P:1-rish
On motion non-re ident plaintifl's required to give security for costs.
l>la~ro he let't, his land d property, if he ha~ nenl!~r. ~om1c1! nor
Administration of Estate. (See Estates of Deceased Person .)
fron 1e of r~. idcnce in the state: or in the pa.r1.-h. in "h1_ h it apl?ears
left. th1 , mventory that his principal prop~rt~ ."1; · nuat.c,d, ~f he
Affldal·its. Affidavits may be made before a notary public or
hau J>roverty in several parishes: in the par1sh "here he die~ .. if ~e
jm;tice of the peace. In some court matter· authority of magistrate
do no certain domi ile nor any fl ·ed property. }f pr~. u!11ptn e he~r
mu ·t be proyed by certificate of clerk of a court of record.
ll0t begin legal >roce •dings to .-et I I "·ucce,,1011 w1thm ten da~ s
Aliens. A~iens ma_y hold and convey real estate and per onal
he er <leath of" de cuj~s ... creditor:- may de~and that be tate whether
,y1~l of ahe~ · may be proYed and allowed in thi State.
pr9perty.
~urator
a
that
appf;ar.
heir:s
no
if
or
succession
rejects
or
act hccept,s
,y1dow of_a citizen of Um~ed . tates who was an alien when she married
l\din·o~• be appointed to :ct.tie' th estate .. The JU~ge appomt. an
him has right of descent m h1s e tate (but see Married Women).
lll1strator when deceased leaves no will. ,\dmmi ·trators must
1
<~
of
rJt
THE LAWS OF MAINE
t/
art"
119
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
1870
BANKING AND CO
MERCIAL LAWS-MAINE
a resident of l\faine, having an office or a place of business in the
Arbitration. Judge of probate court may autbori7.e executors or
state, to be its attorne,: on whom proce.·s m.,y be served in any Iep;al
administrators to adju. t by arbitration claims for or against the
proceeding. Corporations may dispo e of their francbbes on majority
estates represented by them. All controver:,;ies which may bo the
vote of the stockholders: may sue and be ued, and haYe 11:enerallv
subject of personal action may be ·ubmitted. by the parties, to referees
the powers of lnclividnaL·. Public ·ervice corporations are subject
for arbitration. l\lajority of referees may make report to upreme
to a Public tilitie Commission.
or Superior Courts.
Arrest. (See Executions.) In actions ex delicto, on mesne procCourt . Terms and Civil Jurisdiction. Supreme judicial court:
ess and execution, as of course without affidavit 01· order; in actions
Two or three term::; a year in each county; unlimited jurisdiction except
ex contractu. on mesne process, upon affidaYit of the creditor, his
as specified belo" ; full jurisdiction in equit)·; appellate jurisdiction
agent, or attorney, that he llas reason to belie,·e aud does believe
en ba!)C on question of law, from trial terms and superior courts.
that the debtor is about to depart and reside beyond the limits of
Superior courts: In Cumberland County except equity, real actions,
the State and carr.v with him means of his owu more than are necesex:traordina~y legal remedies and some others; exclusive jurisdiction
sary for bis immediate supj>ort, and that at least 1 o is due on the
W_!.th oxc_:ept10ns to $500 and in divorce, concurrent jurisdiction above
claim; on execution, only a ter supplementary proceeclin!-!;s and fraud
SoOO; sits first Tue.-day of ever,' mouth, except June. July, and
proven, but if contract judgment or action existing: .:\T:lrch 17. 1887,
Augu. t. Kenuebec County; exclush·e jurisdiction, with exceptions
arrest on execution. Debtors arre ted on mesno nrocess or execution
; sit· second Tuesday
to ~'>00; concur ent in habeas corpus and divo
ma;\· disclose, give up propert;y not exempt from· at.tachmont and he
of .January and flr.·t Tue,,day of April ancl eptember at Augu.sta;
discharged from arre ·t, or may give bond and disclose according to its
second Tne. day of June and .. Tovember at ,vaterville. Courts of
terms. .. To arrest in actions ex contractu for less than . 10, and none
ual jurisdiction concurrent in equity of probate matters:
prob~t~:
of married women in civil actions.
.Municipal courts and trial justices: Exclusive jurisdiction ot forcible
entry and detainer and in other cases up to limited amount· appeals
Assignment<.. Common law assignments for the benefit of
to superior court where establi bed, and elsewhere to 'supreme
creditors may be made, and after four months '"ill be good against.
judicial court.
bankruptcy proceedings. Assigum nt. of wages mu t be recorded
Creditor,-• Bills. Bill in equitv rnav he maintained to reach
in town clerk's office.
property of debtor which cannot be reached hy proco ·_ at law, and
Attachnu-nt. All property not exempt attachable on mesne procn<?t exempt from attachment; also property conveyed in fraud of
1s
ess as of course without afiiclavit; security for cost.., by indorser of
crechtors and property secreted so that it i · not reple, iable.
,vrit only if creditor is non-resident; lien by attachments in the order
in whirh they are made continue for thirty days after judgment
Days of Grace. (See Tegotiable Instrnment.c;,)
(extended where execution is delayed. appeal from taxation of costs 1
D«;ed ·. Any o~vner of real extate having right of entn• may conis taken, or decision of law court certified down in vacation). within
it h? dee<:[._ J. o estate greater than tena.ncy-at-,\ill can be created
vey
which time levy may be made. Personal property may be apprai:ed
except m wntmg. Deeds must be acknowlerlged by a p;rantor or
and sold on mesne proces to avoid expense, depreciation or lo~s.
them or by attorner in fa~t. executing the same, before a justice
of
one
the
of
lieu
in
omcer
hy
held
on request of either party and proceeds
of the peace. notary public havmg a seal, or woman qualified to take
property, foreign attachment (garnishment), known as trustee 2rocess,
acknowledgments; outside the ~tate, and in the nited States. before
attaches property by or debt due from trustee unle.· ·: 1. Due on
a. clerk of a c,0urt of _record bavin~ a .-oal. notary public, or commisnegotiahle paper. 2. ::\Ioncy collected on process by oillcer. 3.
srnn~r of deeds for tlus .t~te, and 111 a foreign country before a notary
In hands of public officer. 4. Due on contingency. 5. Trustee
pul?IJC, or a_consul or m1mster of the. nite<l ,'tates, but if magistrate
liable to execution on same. 6. Twenty dollars wages, for personal
actm~ oub1de of tate has no om 1al seal. his anthorit-v and the
labor of the debtor, wife or minor child within one month, and 10
genuineness of his signature must be authenticated by tlie clerk of
exempt. in all cases. 7. In certain cases money due on life and
a court of record in county where he re,-ide . Unacknowledged deeds
accident policies, and rrom fraternal beneficiary associations. ( ee
cannot be recorded. ~ ·o special form of acknowledgment required.
Creditors' Dills.)
Deeds must be recorded to be valid against narties without, not.ice of
Uanks. Savings bank business and discount banking permitted
the com·eyance. Deeds must be under seal. but witness is not
only undor special charter, and under state supervision. Trust comreQuirecl for validity although usual to have one. I eases for more
panies may be organi~d under g-eneral statutes on obtaiuing approval
than se,·en years must be recorded. Trusts concerning real estate
of state bank examiner. General statutes relating to du·count bankginla~- created only in writing, except tho e arising by implication
in~ rep aled by Laws 1903, c. 166. Foreign banking associations having a branch bore pay a tax of three-fourths of one per cent per annum
Deposition . Depo:ltions may he taken by di:iuterested justice
on the amow1t of business clone in this State. Sa ·ings banks have
when deponent is unable
no capital, and do business only for the benefit of depo. itors, under ' of the peace or notary public; may be taken
age, infirmity, or sickne · to attend at place of trial· when
through
statute re~ulations restricting im·e,,tments, requirin~ report. under
deponent resides out of, or is ab.-ent from the .:::tate· when dei>0nent
oath and examination.-; by bank examiner. ::\lust not pay over 2 1-2
r~s_ides in town other than that in which trial is to be held, etc. Dopoper cent dividend semi-annually. Franchise tax is five-eighth· per
s1t10!1~ so taken may he wsed. in all civil suit· or causes. petitions for
·e of the words ''bank,"
cent, regulated to favor home investment .
part1trn11 of land. libel·· for dn-orce, prosecutions for the maintenance
"trust company," and ·irnilar words in designating a business forof children. petitions for opinions iu trial before courts of arbitrators,
bidden, except by corporations organized as above or under la~vs of
referees and county commL;ioners, and in ca ·o · of contested senatorial
United States. Corporations, if licensed by bank commi ·sioner may
or rep~e ·enta~ ive. elections. I?epo•itions or affidavits may also b~
receive savings deposits from their employees. Dealer.· in securit.ie
taken 111 apphcat10n:S for pensrnns, bount.y. or arrears of pay unde1
must he registered with bank commissioner arid are . ubject to certain
law of the Umted . tat es. Court.'> may i: ·ue commissions to
any
regulations.
take depo.-itlons out of the , tate, or thev mav be taken out of State
by a justice, notary, or other per.'on einpowered but in the latter
Collaterals. (See :\Iortgages.)
ca ·e it is within the discretion of the cour · to adn1it or reject thelll,
Conditional Sales, Consi~n1ents. ... ·o agreement that personal
property bargained and delivered to another sllall remain the property
Descent and Distribution of Property. ( ee E. tates of De·
of the seller until paid for, is valid unle.·s in writing and signed bY the
ceased Person. .)
person to be bound. Such agreement, in whatever form 1t may be.
Dower. Abolished by laws of 1 9,i, chap. 157, taking effect as
the
is not valid except as between original parties. unlP..ss recorded in
office of the clerk of the town in which the purchaser re ides at the 1 to yerson not then married, ... fay 1, 1 U5; as to others, Jan. 1, 1s97,
Wife or husband may bar the right by inheritance to one-third or
time of the purchase. Thi· does not apply to good consigned for
one-half, as the case may be, of realty by joini 1g in the other's deed,
sale.
or by sole deed, or by ante-nuptial :ettlement, or by jointure. Either
Conveyances. (See Deeds.)
refusing to join in other's conveyance (or if incapacitated wit.ti no
Corporations. Three or more person may form a corporation to
~uar~fan in this state,. otl'~er being a non-1:esi~lent) may be barred of
carry on any lawful busine s e. cepting banking, insurance, constructmheritance upon apphcat1on to supremo Judicial court and decree
ing and operating railroads, saving· banks, trust companies, or corafter hearing. ( ee Estates of Deceased Persons.)
porations intended to derive p1•oflts from the loan or tLse of money,
E tates or Decea ed Person ·. Ei"htoen month after notice of
and safe deposit companies, but corporations may be formed under
appointment allo, d creditors to present claims and suit must be
the general law for the con truction and operation of railroads ourside
begun and service of proco.·. made within twenty months after i.ucb
the State of 7\Iaine. Corporation,-, for other purposes, excepting for
notice of appointment. Allowance to widow and minor chilclrellr
municipal purposes, and where the object. of the corporation can not;
made by court from estate. ~ on-re :ident executor or administrato
be attained without, special acts. are also formed under general laws.
mu. t appoint attorney. Time of demand or no ice extended for ab'e~t
Organization becomes void unlC!-- corporation bezins busine ·s within
ets. but prior paymen not disturbed therub,j
creditor if furtl1er
two year.. Corporation may capitalize to an unlimited amount and
'o admini. tration granted after twenty years. The real and perso1~
~
value
par
the
or
capital
their
of
amount
may increase or decrease the
int&.tate (excepting wild land. com e,red 6
deceased
person
a
of
tate
e
of the shares. .. ~o portion of capital is required to be paid in; stock
him) l? ing »ubject to the payment of debt: de ends according ~o t~0
may be i. sued for property or for services and in absence of fraud
leaYes a wi<low and i.- ·ue one-t111rd d
he
If
1.
rules:
followmg
the judgment of the directors as to the value of . uch proport,y or
nd if no kindre 0
the widow. If no i. ue, one-half to the widow.
services is conclusive, the stock thereupon becoming fully paid.
to the widower shall de cend the sar,t~e
And
widow.
the
to
whole
the
Only original sub,cribers and takers of stock are liable on .·ame to
share in hi· wife'. real and per onal ee,tate. '!'here shall UkeWJ~I
extent of unpaid par value and then only for debts contracted during
descend to the widow. or widower, the ame hare in all such r~•b
thoir ownership of stock, and action to enforce such liability mu. t be
estate of ,\hich the deceased was .elzed during coverture and wbt~t,
commenced within two years and can be maintained only by a judgnot been harred, or relea ·ed, as herein provid d. In' anY eve\,~
has
dings
proce
~un
h
have
shall
who
ment cFeclitor of the corporation
one-third hall d cend to tho widow or widower free from the P!'if
to obtain such judgment again. t the corporation during the owne1·ment oi debt. . 2. The remainder of whic.h he die seized. an 11
sbip of such stock or within one year after its tran.;fer by ·uch stcY·ka
no widower, or widow, the whole, to ether ,\ith all wild land.,
holder is recorded on the corporation books. Director· mu ·t be
de. cend in equal ;,bar to lit children. and to the lawful i. ;;u,e at
stockholders or member of another corporation which i a stockholder
re
!Jvinii:
is
child
no
If
repre,-entation.
of
right
by
child
deceased
If corporation fails for six month. to elect directors, court may appoint.
the time of his death, to all hi lineal de~ce11dants; equallY, if allp~cCorporations must pay to the 'tate upon organization, a fee a folthe same de!rree of hindred; if not. iWCQrding to the right of re bCr
lows: '\Vbere the capital stock is 10,000 or less. rn; exceeding
3. If no ·uch i. s·ue, it d c nds to his father and mohalf
sentation.
$10,000 and up through 500,000, 50; above 500,000, 10 for every
ends one·r to
. If no uch i. mo, or father f d
.
in equal sha
100,000 of capital. Other fee· for organization are: attorneyr. Ir no such L.sne or mother, it 'o ,, ends one-baltller
moth
his
to
general's fee 5: re~ister of deeds ;;, secretary of state 5. 'fhe
, the remainder, or if no such issue, f~ and
his father. In eitl10r c
annual franchise tax is ~ follows: ~5 provided autl1orized capital
hole de. end in qual hare to his brot11er"ictrell
or moth r. th
does not exceed ,i0,000; exceeding S50,000 and up through 200.000,
si ·ter , and "hen a br9ther or .·ter hw died, to hb or ller cbl. IJC,
$10; exceeding ·200,000 and up through 500,000, 50; exceeding
e,
by nght or repre entation. 5. If no :such !~,a
grandchildren
or
1 1
$500,000 and up through 1,000,000, 75; and the further . um of
faU10r, brother or ·i, ter, it de:ceuds to hi mother. If uo such ca,.S0,
$50 per 1,000,000 or any part thereof in exce.- · of 1,000,000. Cor1{
mother, brother or si-;t r, it descend to his father. In either
porations which have suspended business temporarily and have been
to the e.·t'lu ion of the i ue of d eased brother and ister:.;.,..2·11 est
excused from filing returns of amount of caJ ital stock, etc .• are not
no .such i ue. fath~r. mother, bro her or i ter, It, de cends to ul . 0 rs,
liable for franchise ta.~. Meeting of stockholders must be held within
kin in eq!1al de r e; when they claim through difterent ancet11ose
or
the State. Clerk mu ·t be resident and keep stockholder ' records in
those daunmg throu~h a nearer anc -.tor, in pr ferencc to dieS
the tate. His records are open lo inspection by tockholders but
throu h an ance. t-0r mor remot . 7. "Then .a 1uin°tts, it
imingcl
not by mere creditors. , ith the exception of banking corporations
of
cl, I :n·in' proper y inherited from either of lus pa~~,,ue
unmarri
no public report· are required except one to the ccrctarv of st ·te
me 1mr nt, and the 11: · c1red;
to the other hlldren of the
cend.
d
tock
capital
of
showing names and residonc s of otlkers and amount
6
tb
lof
degree
m
the
of
ar
nil
If
har
equal
u
i
ed;
ce
d
those
Delivery of certificate of stock to bona fide purchaser or pledge
·, to tl1 8
ntation.
oth rwb • according to tbe right or repr
value torrether with .writt n transfer of same or Hittcn po, or of
arrf;
·ch~atsrn
e
it
:kindred,
or
v
ido
ower,
wi
n
lea
tate
i11te
1
attorney to sell, a· ·i~. and transfer same, .. i"ne<l hy owner of certate. An ille~i irnate child i an heir or it,, par nts w1101ntewJetfges
titlca~e. transfers t_itle against all J?arties. Foreign corpor;atlons have
·o of it moth r, al o of i fath r, ho adop · it or ack. 11Oaa 1cd ttS
practically same r1u:ht · as domestic, but are required to 111 copv of 1 al
wh r the child i tr are11t,
it b fore a magi. trat : and in any c
charter \\:itb secretary of ·tato, also a copy of the by-la" , and· are
an heir it inh rit from the lineal and :ollateral kindred of tbe P
abo req1;11red under sever penalties to flle certificate sho, ing: among
( judg'
and th y from it. ( ee lfill -.)
other tlunu:s the uamos of olllrcr ·, amount of capital tock authoriz ct,
Execution i sue aft.er twenty-four hours from rendition a~s jdtd
amount 1. ·1.1:cd an~ amo~nt paid in; also must Ille cert!fl ate howing
ucb corporatiom mu t a1·o ap 11olnt t ment, roturnabl in three months, r ne able ithin tell ye
any change m ab:n e particular·.
J.
st/
ro;
fr
BANKING AND COMMERCIAL LAWS-MAINE
or
b0
cb
No stay except by order of court for cause and one year against absent
defendants unless bond filed; levied on real estate by appraisal and
extent, also on real estate and interests in the same and franchises
and personal property by sale; money and. by consent, circulating
notes applied directly. Real estate sold on execution may be redeemed in one year. Attaching creditor may within forty-eight
hours after notice redeem personal property of debtor which is subject
to mortgage pledge, or lien; may also redeem real estate subject to
mortgage or other lien. Special provisions for redemption of certain
other special clas es of property. such as buildings on leased lands,
franchises, etc.
Exemptions from Attachment and Execution. Homesteads,
not exceeding in value $500, when duly registered ; dehtor's apparel,
necessary furniture for family, not exceeding in ,alue 100; bed and
bedding for each two persons; family portraits, bibles, school books
in use; State statutes; library, $1.50; regular pew; cook stove and
iron warming stoves; charcoal, twelve cords of wood, five tons anthracite coal, fifty bushels bituminous coal, $10 worth of lumber
wood, or bark; produce of farms till harvested; barrel of flour, thirty
bushels of corn and grain, potatoes for family, one-half acre of :flax
and manufactures therefrom for family; tools of trade, and materials
and stock, $50; sewing machine, $100; pair working cattle, or pair
mules, or one or two horses, $300; bay to keep them; harness for
each horse and mules, $20; horse sled or ox sled, $20; domestic fowl,
$50; two swine, one cow and one heifer, if no oxen, hor. e or mule,
two cows; ten sheep, their wool. their lambs until one year old; hay
to keep them and cattle; plow, cart, truck or expre· wagon, harrow,
Yoke with bows, ring and staple, two chains, mowing machine: fishing boat of two tons; debtor may elect if be has more than is exempt.
Life and accident policies are exempt from creditors, except any
excess of $1.50 per year premium paid within two years. except suits
for necessaries. (See Attachment. )
Foreign Judgment. ,\ction of debt lies on a foreign judgment
and record of it is prima facie evidence of indebtedness. Is conclusive
except for fraud when given by court having jurisdiction of parties
and suhject matter.
Fraucl. Usual common law rules as to what constitutes fraud,
fraudulent representations, etc.; a.so statutory penalties for fraud.
cheats, etc. Court of equity has power to afford relief. Statutory
provisions to prevent sale in bulk of part or whole of stock of merchandise in fraud of creditors.
Frauds and Perjuries. No action shall be maintained upon any
contract to charge an executor or administrator upon any special
promise to answer damages out of his own state; nor to charge
any person upon any special promise to answer for the debi;, default,
or misdoings of another; nor to charge any person upon an agree' ment made in consideration of ma1Tiage nor to charge any person
upon any contract for the sale of lands, tenements, or bereditaments,
or of any interest therein; nor to charge any person upon any agreement that is not to be performed within one year from the making
thereof; nor to charge any person upon any contract to J?aY a debt
after discharge therefrom U11der bankr~pt laws of the Umted Sta:tes
or assignment or insolvent laws of this State; unless ~h~ pro!!U:se,
contract, or agreement or some memoran~um thereof is ID_ .wr1tIDg
~ a~t1on 1?~all
and signed by the party to be charged, or his a_gent.
be maintained on a minor's contract unless ratified by him ID wntmg
after becoming twenty-one years of age, exc~pt th~ contract b~ for
neces aries or real estate where he has received title and ~btamed
benefit. No contract for sale of goods, etc., of $30 or more ID value
is valid unless purchaser arcepts or r:eceive:3 a portion of the goods
or gives something to bind the bargam, or ID part payment th reof,
or some memorandum is made and signed by party charged or his
agent. Contracts whereby one becomes agent for sale of lands become
Void in one year unless time for termination definitely stated.
Garnisb~ent. (See Attachment.)
. Husband and Wife. Each may hold and deal with property
Individually subject to right of descent in real estat,e. (See Estates
of Deceased Persons.) Husband not , liable for debts of wife contracted before marriage nor afterward in her own name, nor for her
torts. Equity• Court Jias special jurisdiction of_ ~isputes between
husband and wife relating to property. Afi;er pet1t1<?n to and decree
°!)Y probate court either may convey real property as _if sole, _and other
lS barred of all right by descent where de~erted ,~1thout. J1;1St cause
apart for just cause, and de ertion or hvmg apart
or if actually livin"'
0
has continued one year.
Interest. Six p~r cent or any other rate agreed. upon in ~iting;
Judgments, same rate; accounts and debts not on time bel!-1' mterest
from demand. Special rate in time ~otes doe~ not con~ue after
maturity, unless so provided; nor after Judgment many case, no usury
laws. On loans for Jess than $200, secured by mortgage or pledge
of Personal propertv the rate shall not exceed 3 per cent per montb
for first three months, and 15 per cent per annum thereafte1;. !,,oans
negotiated in this state by a"'ent of non-resident borrower ~1th mtent
to evade usury laws of state "'where borrower resides are v01dable.
Judgments. At law; by general order at end o~ term on all C8.:36S
Where verdict or default, unle s stare<:!- by_ proce~d~ngs for new trial,
0 r continued for judgment by plamtifl': m eqmts. only by decree
signed by justice. No lien except by ".irtue of attachment on mesne
.
.
Process (q. v.) and where specially provided by Jaw.
,.,..Liens. (Voluminous Statute Provisions, for ~Iec!1amcs, l\1a~e[1al
...,.1.en, Hotel and Boarding-House Keepers, Stable Keeper , gIS er,
etc.).
. L~tation ot Actions. Six years; de~t on unsealed contract or
hab1hty (except judgments) ; actions upon Judgments out of St~te of
court not of record. for arrears of rent; of account, assumps1t, or
casl e on contract or 'ua!Jility express or implied; w:a te; tFrespass qu:
our years,
except slander and libel.
c • and d b
1 • .
against sheriE"; r;~~v;.~a~:.S~ ault and battery, fa.}se imJ?risonmdent,
slander libel ·and enalty · One year: escape, scu-e fac1as an on
0
:Secfjiffst
tecognizance. EigiI'teen niont!is: stolen bonds an:
rl i°wnE?r, TwentY: years: ,V1tnes ed n~es, ba~ nal acticfns. Suit
de~th of either
bejru;c,~~~n ~t~r Jud~J~t i~~at1~i~•
d , after ex.pll'at10n of time, fraudu. ·
rI :"~
Darty b f
State when cause accrues
e ore or w1thm ~hirtY ays f
lsnt
els t·
concealment of act10n absence rorn
1~[.esidence out of the State and _abse1!1? 6da~~~~~er~:~e.
t d
d
ions barred where both part1es n e
f~:iseAmu_st be in writing or padt ~a¥fr~~:-ui~~~~am~n\i;xaf~r
nt of exe·cutor or admingamst executors and a m1ms.
tllin .
istrft of affidavit of not,ice given of p_po~~ ematured. Against heirs
or deo~. Unless further asset. 9r c aunrued. remedv in equity, if not
1 t
ul · ,,
·
Vlsees one year after claun ace
p
rosecuted 'within time limited and if without c pau 1e neg ec ·
nsist of one or more general part.
Lilll.lt
ners and e Partnerslup.i 1~p~ial shall contribute pacific amount
of capitalone or more spec a 1Ii lue and be not liable for debts beyond
that an:io~t property \t c~tn!;s must transact the business.
liabilities as to property
.
. Genera par
l\,f
cont~ried Women have same rig~~.:n~operty not liable for her
_ ,T?:~or i!Ypriof debts, nor for others made
hu ha;<i~s adndbtall suiht~ ::i,s
b sued as if sole. l\lay not be
~ s, nor 1s 11au1
on he
he may su_e and e mil expense except by expre s
Partn r credit.
T>ron:uer of husband and not hable for iao E!itates of Deceased Persons,
al:-;o ie. (See ArreRt-. also Dower, as
Usband and Wife.)
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
i8~
ic I?f:~~:tr.
ffe~
f
1871
:l \lortgages. Of real estate executed and acknowledged as deeds
and must be recorded as to third parties; convey fee with condit,ion
of defeasance. Foreclosed without possession by serving or advertising _notice, or by_ pos.session obtained peac!=lably, or by consent, or
by suit. Redemption m one year from notice or possession; power
of sale mortgages not authorized by statute and not .l!).Uch used
Supreme court may authorize a mortgage by a person in possessiori
of an estate st~bject to a contingent remain?er,. executory devise, or
power of appomtment, and such mortgage 1s bmding on all parties
Chattel mortgages unless and until possession taken and retained by
mortgagee to be good against third parLies must be recorded in town
clerk's office where mortgagor r~sides when ~ortgage is given; or, if
any of mortgagees are non-residents, then m registry of deeds in
county where mortgage~ resides, when mortgage is given. Mortgage on household fur~ture must state amount of loan, interest
rate, and cost of procurmg loan. Agreements, whet,her in form of
note, lease, conditional sale, etc .. or otherwise, that chattels bargained
an~ _delivered shall remain property of seller till paid for, must be in
wr1tmg and recorded as chattel mortgages; such mortgages and notes
foreclosed by sixty days' notice to mortgagor or assignee of record
or, if ou of State, by publication; redemption in sixty days. Col~
laterals pledged on notes, etc., or for the performance of anything
after failure to pay or perform by the pledgor. may be sold by the
pledgee, he first giving written notice to the IJledgor of the proposed
sale, or if his residence is unknown, by publication of notice once a
week for three successive weeks in a newspaper in the city or town
where the pledgee resides, recording said notice and affidavit of service
of same in the clerk's office of city or town where the pledgee resides
~nd after the expiration of the sixty days from the time of said record~
mg.
. Negotiable Instruments. Days of grace abolished except as to
sight drafts. Fallmg due on Sunday or bank holiday payable and
presentable for payment on secular or business day next succeeding
If )?.oliday l'alls on Sunday then following _Monday is deemed bank
holiday. On notes payable at fixed place on demand at or after a
time certain, no recovery unless demand proved there before suits
usual demand and notice to charge indorser; notarial protest proves
it; but one indorsing note at inception before payee does is a maker
,vaiver of demand and notice, acceptance of bill, draft or order must
be in WTiting and signed. Recovery from indorser 'without suing
maker. Rate of damages on protested bills of 100 or more payable
in this country, I to 9 per cent according to place. Negotiable paper
presumed to be taken in payment of debt or liability for which it is
given, unless creditor would thus lose security he otherwise would
have had. Legal holidays are January l; February 22; April 19·
May 30; July •1; first Monday in September; Thanksgiving· Christmas'
and Arbor Day. If note reads "I promise to pay" all' signers are
jointly <1,nd severally liable.
Partnership. Personal property of partnership, or interest of
partner t~erein, exempt fr'?m att1:1-ch~~ent on mesne process, or seizure
on executf~n for any m<µ-v1dual liab1h~y or such partner; but is statutory prov1s10n for reachmg same after Judgment. Partners in mercantile enterprise must file sworn certificate with city or town clerk
where business to be carried on, showing names and residences of
partners, _nature of business and partnership name. (See Limited
Partnership.)
Powers of Attorney. Usual common law rules.
Probate Law. (See Estates of Deceased Persons.)
Protest. (8ee Negotiable Instruments.)
Replevin. Goods or chattels wrongfully taken or detained may
be replevied by owner or party entitled to possession. Replevin bond
must be double the value of property replevied. If dismissed with~;;i!fa/0 ~lli~~~ ~:!~~~~~t on the bond, in which suit title may be
Taxes mar be collecte_d by arrest, distress, or suit. On real estate
they are a _hen; proceedmgs to. enforce by sale begin upon non:payment for mne m~nths; non-resident owners have one year from sale
to redee~ by paymg tax, co_sts, and 10 per cent interest from day of
sale; residents, two years with 10 per cent interest from day of sale
on whole sum of tax: and costs .. Land on which taxes are unpaid,
sold on first Monday m_February m year succeeding the year in which
tax wa.:, assessed; sal~ 1s of smallest fractional part of interest to one
who will pay taxes, IDterest, and costs therefor. State tax asse. sed
by boar? of state assessors on gross receipts _of railroads and express
comparue.s, and telegraph and telephone lines, collected by suit.
Corporations, other thai_i those especially provided for, pay a franchise
tax of _$5.00 _if authorized capital does not exceed $50,000.00; of
$10.00 if capital does not exceed $200,000.00; of $50.00, if capital
does not exceed $500,000.00; of $75.00, if capital does not exceed
$1.000,0~0.00; and t1:J.e further sllln of $50.00 for eacp. $1,000,000.00,
or fraction thereof, m excess of $1,000,000.00. Foreign corporations
-pay annual license fee of $10. Inheritance tax ranging from 1 to 7
per cent, according to degree of relat.ionship and amount of bequest
$500 exempt in all cases, and $10,000 exempt in case of certain near
relatives. Special exceptions and exemptions from assessment and
special provisions for taxing personal propert,y situated here but
i~td. out of the State. Real estate mortgages exempt. (See
Wages. Weekly, payment required in most industries. (See
Assignments, Attachment.)
,varebouse Receipts. Holder deemed true owner so far as to
give validity to rontract for sale of merchandise covered, or to protect
one acting on faith of such ownership; but one taking from agent as
security for antecedent debt gets no greater right than agent. Title
to property passed by endorsement, but not in blank, to purrhaser
or pledgee in good faith. Property in warehouse may be attached
as that of person named in receipt, or of last endorsee shown by books
of warehouseman. Common law rules prevail generally.
Wills. Wills must be in writing signed by tho testator or at his
request by some person in his presence, and subscribed in his presence
by three witnesse in presence of each other, may be made by any
person of age and of sound mind, and may dispose of all property.
Wills executed in another State or country according to laws thereof
may be proved and allowed in this State in the county where the
testator had his residence at time of decease; if proved without this
State (at his domicile), may be allowed in any county here where he
has property. \\Tidow or widower may within six months waive
provision in will of deceased husband or wife and claim same share
in personal property as wo1:11d have had in case deceased died intestate.
(But see Husband and Wife.)
Nuncupative will must be reduced to writing within six days or
proved by testimony within six months, from time words spoken.
No letters in such till fourteen days after decease of testator Not
effectual to dispose of more than 100. 00 worth of property · unless
proved by three witnesses who acted at testator's request.
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
J872
BANKING AND COMMERCIAL LAWS-MARYLAND
SYNOPSIS OF
THE LAWS OF MARYLAND
RELATI TG TO
BANKING AND COMMERCIAL USAGES
revised by T. Ho"ARD E !BERT, Attorney at Law, Baltimore.
(See Card in Attorneys' Li t.)
In ~eneral. Ba:rby's Annotated Code (1911) and ,'UPI>lernentary Volmne (1914) embrace the Public General Laws of l\larylaml.
Dy statute, the Code of Hill
0!. ion.
including tho e of the 191
has been made evidence; ·pecial reference to statute;, in the following
is therefore wmeccssary.
Acknowledgments of conYcyanccs of any interest in real or leasehold property for ahove seYen years, may be made "ithin the tate,
and In the county or city in ,,hich the land, or any part of it. lies.
before a notary public. justice of tbe peace. a judge of the orvhans'
court, a judge of the circuit court of any count.', or a jud~e of tho
:upreme bench of Baltimore city. Tf within the State, but out of
th<l count~' in which the e, tate com·cyed lies, they may be made
before a judge of any circuit court for the circuit where the grantor
may be, or before any jud~e of the orphans' court for the ci y or
<:otmty in which the grantor may be. notary public, or a justice of
the 11eace; the official character of the justice must be certified by
Lhc clerk of the circuit court of the county, or superior court of Baltimore city, under his official seal, 0r any judge of the snpr me bench
of Baltimore city, if grantor be in Baltimore city. If "ithout the
'late, they may be ma,10 before a notary publi<', a judge of any
court of the United State·, or of any Late or territory court ha,1ng
a seal, or a comrni.· ·ioner of deeds for this 'tate. The . al of the
ollicer or court to be aflixed to the certificate of acknowledgment
in all cases. If acknowledged without the Cnitecl , tat •s. the acknowledgment may he made het'ore any minister, consul general, , i<'e or
consular agent or cleput:,.·. or a notary public, or a c1,1mni. · ioner to
t-ake acknowledgments for State of ~Ia1·:rland. "To separate examination of a married woman is required. Defective acknowledgments
cured. ( ee ( 'om e:rance ·.)
Actions. The forms of actions, which still saYor of the common
law are now yer:r •imple. any plain statement of fact· constituting
Amendment i. allowed at
a good cause of action being ufilcient.
11
1
1~~ ~~ t~;~;da~~
m1;fct~e i!e£o~~U1;9rgN~w.Ea1fl~u~~ ~be:·;~s;;e
equity court.· having different and distinct juri diction. .'pe dy
judgment Acts are in force In Baltimore City and in many of the
Counties. ( 'ee Suit .)
Admini. tration of E tate . The orphans· court of the countic
0
1
1
f1 :dc~:s ~~fi~~!lS~e~~d~;1~\e~t !i~~ll~ ~ii~r!r!r~h:1-~~l~~~ t
and e.·ecutrix na.med in the will. In granting letters of admini. tration, where decedent died without leaving will. letter:- are granted:
1. To widow or child or children: 2. Grandchild; 3. Fath r; 4.
Brothers and sisters; o. 1Iother; 6. Text of kin; 7. Large cre<litor
applying (or letters. In each cla .-, males are preferred to fem, I s.
Boucl is required with two Sllr'til .... or one of certain local nr t.·
companies where authorized by th"ir charter to act a· :ol urety.
W"hen t stator requests In will that executor e e. cus ct from ghin
bond, court 011ly require. nominal bond for amount utIJcl nt t.o pay
'ix: months notke to ereditors must b given by
e. timated debts.
publication before c:-tate i · di trilmted. Personal property mu Ii b
appraised, acC'ounted for and dbtrilmtc d through tho orpham ' court
of the county or dty in which decedent resided. All al · mu t
be authorized aud ratified by th orphan:' court. By \ct of rno1i,
Ch. 24ti, above 1mn·i-..ions were made applicable to •·e. ate of por:ons absent and unheard of for aho\ (' sovon year . " Thi: a ·t ha
been held uneonstitutional. R enacted with amendment ·. (Act
1!JOl:S, C'h. 12,,.) This net cort-.:tlt11tional by deci Ion of ourt of
Appeals in ca ·e of , a,·inl"1:s Bank v·. Weeks llO ::\Id. 7 .
o particular fonn necesAffldin-its. ( e Acknowl dgment.. )
ary, but whoever can take an acln10wl d~mont can take an affidavit.
•\ffidavits always required in a nrnrt1?:a11:e as o tho bona fid · of
mort11;age consideration; an<l tho payment of tax on annual interc. t
in certain count-ies. ( ee l\1ortgatre!-i.)
Allens. Aliens. not enemi , may take and hold lands, ten mcnt<:,
and hereditamen · acquired by purcha:-o, or to which tb ':\' rnuld,
if citizens, he entitled hy des ent, and may sell, devi. , or d' po e
of t,he. ame or transmit the ame to their heirs as fully and fl'ectually
and in the same manner as if by birth they were citizen<; of this tat .
Arbitration: J.?i. pute betw en partie. may b conducted by
any judge or Jt1St1ce of the peace mutual1y agreed upon. ·pecial
agreements for arbitration of uch disputes to be valld. Parti may
be represented by an attorney, and award of arbitrator or arbitrators
to be a judgment, and court may p;ive judgment and i. sue execution
on the award. Act 1904, Ob. 671. provides a means for the :ettlement
~~\~~~!.een employers and employees by mediation or volun-
t~Y
:Wu
t rg~.);tt;r
rrest. J. · o arrc-.t for debts in thi · .:;tat,• In ri1uinal ca.es a
;;ente1~ce _may be pas, ed. imposing a .·nm of mouey as a fine. and
~heu _m lieu of payment by party, of flue impo.·ed, he is liable to
unprisonment.
Attach1ncnts for clcht ( ee Aet 1, 90, C'hap . • 1'J ), or for unliquidated damal!es, either in contract or tm-t, can he obtained in all
case:; when the defendant is a non-resident, orb~· ab ·conded affida" it
being first made by the plaintifl' to the correctne ·s of his claim and
the fact that the defendant is a non-resident or has absconded. They
may be also obtained in connectiou with a,n orbdnal process wheu
the creditor or some one in his behalf shall give bond in double tho
amount of the debt, with uretie.· to be approved by the clerk and
make affidavit before the clerk of the court where the suit is brought
that the defendant is bona fide indebted to tl>e plaint.Hf in the sum
claimed, and that t-he plaintill' know. or bas gQQd rea ..·on to believe
that the debtor has ab. conded or is about to ahsaincl from the tat~
~r that the d_efernl!}nt has assigned, disposed of. 01· concealed, o;.
1s about to a. ·,mm, dispose of, or conceal, hls property, or some portion
thereof, with intent to defraud hL<s creditors. or that the defendant
fraudulently contracted the debt or ineu1Ted the obligation; or that
the defendant has rexnoYed or is about to remove his property, or
. ome port-ion thereof, out of this State, , ith intent t.o defraud creditor::and the aUadunent may be maintained, although the debt or obligation upon which the action i: broug-ht mav not ha,·e matured hut
the date of the maturity of the debt or obiiga+ion must be sot forth
in the affidavit <.Act 18!H, Ch. 64.~) . A claimant may have th&
attached property released by nting a bond in double the amount
of the appraisement. Any kind of property or credits hfllonging
to the defendant. in the plaintiff's own bands or in the hands of any
one else may be attached. There is a . pecial provision for capital
stock of a corporation. The certificate it. elf mu.the seized. ('redit ·
not due may be attached, but wage·, hire or ala.ry not due can
not be attached, and 90 per cent of , ages, hire. or :alary due shall
always Le exempt. (Act 1908, <'h, fiti5 ~ Imprisonment for debt
i. aholishe!I. Defendant may be ued wherever he does business.
In acldi•ion to a.ttarhments against non-re.-;ident-.: or ah conding debtors
for debt (i. e., a liqhidated ·um) . as heretofore, attachments may
now be i ·sued ae:ain. ·t such debtor· in case:- arising from contracts
when the damages are unliquidated. nd in actioii-.: for wrongs independent of contract, but in such ca -e: no attachments can be i. ·ued
until a declaration is filed setting out specially and in detail the
hl'eac-h of till contract complained of or the tort actually committed,
YeriOed by the alllda, it of the plaintiff or some one in hi· behalf,
and until a bond shall be flied simila.r 10 the bond required in attachments for fraud. ( ode Art. fl. ) All paper: in attachment prol'eedings can now be amended. a in any other action at law. (Act
1 98, Ch. 44.)
c:ts of 1912 and
BANKING AND COMMERCIAL LAWS -MARYLAND
Any corporation chartered by this State, which for a period of ten
days next preceding is without one resident agent, who;;e name and
post office address is given in cbarter or filed with tate Tax Commissioner, may be deemed a defendant in an attachment in the same
manner as non-residence, unless said corporation shall have been
ncorporated under the laws of thi.· State prior to June, 1Hl6, and
have at least one Director. who is a citizen of this State. actually residing therein.
Courts. Terms and Jurisdiction. The circuit courts in the
counties bave jurisdiction at common la,T .in ea...;es involving more
than $50, and equity in all cases involving more than $20_. They
bold from two to four regular terms in each county at which they
have a jury: there are, however. intermediate terms fixed by the
ft'irfs~
~';;t'cj~~u1I~i~rr~~~s~ b~aia1~~n~~~~i~;t1ii~~b~;;c1R~~ ~~~t\i;
diction in the city. The superior court. the courL of common pleas,
and Baltimore city court have concurrent common law jurisdiction
in cases involving more than $100. The court of common pleas
has exclusive jurisdiction in insol 'ency, and the criminal court in
crin1inal cases. The orphans' courts in Baltimore city, and i~1 t,be
counties have probate jm·isdiction. Justices of the peace have
jurisdiction to the amount of $100. The common law courts have
three terms in the year, and rule day every month in tbe. year to
which process may be returnable. The equity courts have six terms
in the year, beginning the fir t Mondays of January, :March, May,
July. September, and November.
Deposition. When the courts are satisfied, by altldaYi_t ?r ot1?-erwise, that there are material and competent y.--i~nesses _res1d111g without the tate, tbey will direct t,hat a comm1ss1on be issued to take
the testimony of such witnesses. The conunissioners are s_elected
by the court. and must qualify before some per. on authoru:_e~l to
administer an oat,h in the state where they reside. The depo 1t,1011s,
duly certified by the commissioners, shall be. ad1}1-itted as evid~nce
at the trial of the cause. subject to the same obJect1ou.. and exceptions
as the ,ame testimony would be if the witness bad been personally
present in cow·t and °there examined. Parties have the ~ig!rt to be
present when the testimony is taken under the comm1ssJO!), 3:nd
must receive reasonahle notice of the time and place. Ex~mrnat1on
is re ·tricted to the parties and interrogatories and cro · -mter~ogatories annexed to the commission. Testimony of pan-resident
Witnesses can also be taken upon proper notice, as pronded by Sec.
17 of Art. 35 of the Code.
Descent and Di tribution of Property. As to descent, see
Code 1904, Art. 46, and as to distribution. qode, 1904, Art. 93.
An attempt to abrogate the Rule in Shelley s case has been made by
Ch. 14-J., Acts 1912.
Dower. The common-law right of dower exists in ?>Iaryl~nd, and
extends to equitable estates. By act. 18~8, ~h~ husbands _do~~r
wa.., createrl; an est,at,e of the husband m his _wifes e. tates C?f mheritance, exactly equivalent to the wife's dower m her hus_band s estate.
A devise or bequest of real or personal propert:r to the wife or husband
shall be construed to be in lieu of dower m lands _or :-:hare ~f personal
es~ato, respectively, unless otherwise exp:'-'essed_ ~n the "?11. If the
widow or widower renounres formally m writing, ho" ever, such
Provision made for her or him by tho will, within. ix months after ~-he
R"rant of administration on the estate of the deceased 1i1:1shanq or wife,
the dower i·ight and the share of pet ·onal property remam uudtstw·bed.
(See :Married '''omen.)
Executions may issue and judgments may he renewed O!' revived
by scire facias at any time within t\·elve years from date of Judp;m~nt
or from the expirat.ion of any stay, and may. be _thercaftor lened
on any propert.y of the defendant. In the c1rcmt com·ts for ~he
counties there is a stay until Urn first Thursday of the terrn_ succee~mg
the rendition of the judgment, provided: the judgment. ,lS O?t~med
at the second term after the defendant 1s summon~d. rb~rn 15 no
~tay upon judgments rendered in tbe cp-qrts of Balumo_rc U1t Y ~r by
Justices of the peace in the city or counties, but ~xecut1_01~ mar 1s~u~
forthwith The defendant may stay tlle execuuon. b~ upersecling
With sureties for six months. Cop~- of dock~t entries of JUdgme~t
When recorded in another countj· makes the Judgment a. hen the1 e.
(Act 1890, Oh. 314.)
Exemptions. No homestead Jaw. Wearing_ appar!Jl_. boo~s and
tools (not kept for sale) and . 100 of property in _add1t1~1~. ~,~ether
same consists of moneY laml goods. or money pa;val?le as mswance.
benefit or· relief in tJie event of sickness, bur_t. acc1dent, or dea~h.
are exe;npt from exectu ion, except 011 judgments for br~ac\ ob pro~IJ:
to :marry and seduction. not applicab_Je to an.·_ but ?.1,tua ona
.
residents of this Stat,e. Equitable mterests 111 pei:sonal pro~efiY
c_an not be 1,old undo1· oxecutio11, b_ut ma;v be l~vie_r~, 1!POU, _an n le
1
111
hen thu' acquil'ed maY he enfor<'ed 10 eqwty. Choses
action ay
be attached.
·
l<'oreign Corporations. (See Corporations.)
Foreign Jud!l'Illents. Judgments of the court· of ?tber
certified under the act of congress. are proper ca.uses_ of ,acuon a ai
any Person subject to tbe prncess of the courts of thi. tate.
w·Fthraud..
,Vhen any false representatiofn is J11;idepa~fy°nt't]gkt~~tti~
1 ' tbe mtent
to defraud and the de rau e
i. .
d·
alleged fraud to be true, act.· upon it, any contrat:t tuU ~a' e _ca 11
not be enforced
But if the injured party knows s ucJ:1 repre entation~
io be false. it t;an not be said to bave,\tfiuenc11~:vcod\d';.%
ac<';ptance ·is prhua
0°t~ral doctrine in this St~te see ~le .. __eer
fac\ing checks or ~rafts w1thou~ p10V1~1:tis unisbable as a crime
ll.lil O evidence of mtent to de~i f':1-d't a days P Every person buying
sue~ P:t:ovision is made wit 1~1 a~1d re<'e.ive lrom the vendor a
Writte~u~~~e~e~tu~n~~~llo1t'iim~~nt.aining the names and a~dresses
st
i{eall.. cre~itors with amount ~>f indebte~~e~; afel~~ fi~~e
con. sale 1s. consummated. fhe _vfo nd11 of said creditors either per8
• tnumatmg such sale shall_ noti Y a
d urcba: e. A sale
0
0 ~ ;,tlly or by register·od mail. ohf sr~ Jt°d~f~e s~all as to all subSi,
.ransfer of goods in bulk w1t. ou _su
·
8
61.Ug creditors of the yendors be void_. . nal sect ion to Article 27 of
13 ~haptcr =370, Acts or 1916, adds additio son ·shall make or cause to
b~b)· s Code and provides t,hat if any per. h 11 ; a""enrv 'whatsoever.
an;llfd ~. either directly or in~l!rect_lY}1f~~fidi~ion for the purpose of
1 statem~nt as t.o h~~ fi~iancia rtY. et{:., shall be guilty of a
Prof• ~.se
n118 •{llmg the dehvery of pe1:-.on,il probpe · 000 or imprisonment for
l
eineanor
and be fined not more t an 1
·
0 11
~ / ar.
.
. dd new section t,;31 of Bagby's
('oct~apter 371, of the Acts oi 1~16 af t~ck rir'o-oods "ho shall knowu1 ~i a11d l :ovides that any venu~r O
. statement of which any
rn:t~ 1.and willingly urnl<C or deln-e.~t ~11
misdemeanor and upon
c 011 . / ' tU;l portion is false, shall be gu~1111)prisC:mue.nt fol' one year.
ic ion shall be Uncd $1,000, or
·
U:\rnishinents. (. co ttadunents.J_
d '1
·e I w·omen)
llu ·b
D •er Dn·orce. an ·' arr1 t
.
In ti/ and and Wife. <S_en O\}· ble for wife's ante-nuptial debts
Ot• c is State the husband 1~ not ia
,
sarie,,
of
wife.
.\rt. 1-t9
01
11
0h.· ~1;!'ac~s. Husband is hat?le f?r . ce,:ife's e,-1ate a,; wife has in
husb•t.1 gives husband same wtet e st mex:pre. •h· authorized by the
Acts·~}~ s esta1,t'
\lani ct women
·rnd l<l contract with hµsban(j J,,!~00. Ch. oaa. to IJeCO?lO pa~t 1·11 ·other· . . real estate h~· joint
· c.1thcr <·an reli11ql11sh rnteres
;~,~~:i
fu~•
J;i
ine:~h
J1~~-; ~:fg~:
S,
11
50
oO
oJJ
of
ue
cJ.
t0
Jr a
'i,
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
~t:fer~
1873
or separate deed, or by agent m· at.t,or11ey p1·operly constituted. The
wife's property is protected by the Constitution from tho debts
of the husband.
Interest. The legal rate of interest is 6 per cent pet• annum .
Judgments bear interest from their date. A person proved guilt)
of usm·y forfeits the excess over the real sum or Yalue of the goods
and chattels lent, and legal iuterest thereon. Since 187G. where the
whole debt, including the usury, is paid, the USLtrious interest can
uot be recovered back. Since Septembe1· 1st. 1914, judgments
bear interest from the date of the verdict.
Jud~ents are liens for twelve years from date of renditiO!l ~n
any interest of the defendant, in real or leasehold prnperty within
the county where rendered. They can be transferred from onE> county
to another by sending a copy of the docket entries to the clerk for
record. The lien commences from the dat,e of the entry of the docket
entries by the clerk. Judgments are not liens on mortgages. Judgment;s are not liens on personal prnperty until execut,ion has i,;sued
. and the writ is in the bands of the sberifl'. (See .Act 1890, Chap
558, as t
xamination of judgment debtors.) (See Suits.)
Liens. (See Judgments.) Mechanics' Liens. Every building
erected, repaired, rebuilt, or improved to tbe extent of oue-fow•t.h
of its value is subject t,o a lien for work done or materials furnished
for or about the same. Act of l 898, Ob. 502. abolished lien fo1·
r,naterials furnished for buildings in Baltimore city. Every :u,a('hine,
wharf, or bridge. constructed 01· repaired is subject in like manner
as buildings are, to a lien according to the provisions of Code l '8S,
Art. u3, t:lec. 22. A.11 boats or vessels are subject t.o a lien for materials
furnished or work done in building, repairing. or equipping the same.
Garages by Act 1918 given lien for storage aud accessories. To secure
tbe lien and lav foundation for enforring it. the material man must
within six months after the last work has been furnished, file a claim
in the supel'ior.· cow·t for Balt.imore City, or in the circuit court for
the cow1ty. The liens are enforced by 8Cire facias or by bill in equity.
Section r,3 B. Dagby's Code. amended by C'hapter 355, Acts of l '..llG,
entitled "Additional Contracts." Every note, sale, or contract for
sale of goods and chattels wberei!1 the t,itle tf?.erern, or lien therc?n is
reserved until the .;;ame be paid lll whole or 111 part, shall be Yo1d as
to third persons without notice until such note, sale. or contract, be
in writing signed by tbe vendee and be recorded in the Clerlc's office
of Baltimore City, or 1,he countic~. and ~uch rec<?rding s~1all l>e sufl.lcient to give actual. or constructive notice to tlurcl parties.
Limitations of Suits. Accounts and notes are barred after
three years. sealed instruments after twelve years; j_ud_gmt_mts twehe
years except against foreign corporations (no l11rutat1011s). Act
1914, C'h. H46. A verbal promise or acknowledgment will reYiYe a
debt barted by the statute.
Married Women. Act of 1898, Cba.p. 4.37, Code Art. 45, repeals
and re-enacts the entire law in this Stat;e. :Married women may
hold and dispose of their property lawfully as if unmarried, lmt
husband must join in conveyances of 1·eal est.ate to release his intere ·t. :Married women may engap;c in busine:;s, cont.ract, sue, and
be sued upon contracts and for torts, as if unmarried. l\Iarriecl
woman is alone liable for ante-nuptial debts aud contracts. Hu:,;band
is still lialJle for necessaries. "'idow is entitled to dower in real e:-;tate,
and one third of the personal estate if t,here are cbildren, and if no
children 0110-balf of the personal esta e; husband bas same rights
in wife'~ property as wife has in husband"s JJroperty. Where the
wife is adjudgell a lunatic upon inquisition. and the finding remains
in force. husband ma:-;r convey after acqttired property by separate
deed, as if uDmarried.
l\-lortgages are executed, acknowledged, and recorded same as
deeds, and are not valid against creditors unless recorded within six
months. There must be an affidavit, made by the mortgagee or his
agent, at any time befor(: l'ecording, that the consideration is true and
bona fide, and, in the four Count,ies mentioned below. that the mortgagee will not require the mortgagor, or auy otb.er person for him
to pay the tax levied upon the mortgage interest, and upon the assi~nment of any mortgage except for the purpo1-e of f01·eclosure, a like
affidavit must be made by the assignee. lf made hy agent, he must,
in addition, make oath that he is the agent of the mortgagee. A
like atllclavit is required to chattel mortgages, a.ncl absolu~e bills
of sale, both or which must be recorded within twenty days. 'I'he
lien of a mortgage may, by ceasing to pay interest or any installment of the prindpal for twenty years. be barr'ed. They ma~· be
foreclosed at any time aner the debt becomes due and before the
lien is barred. i\1ortgagees are 1•equired to pa;v a tax or 8 per cont
ou the interest convenanted to be paid in the mort,gage, in Somerset,
.Montgomery, ll'rcderick, and Dorclwster counties. ~o tax in Baltiruoro City and other counties. (Code A. rt. 81, Ch. 181 .)
Notes and Rills of Exchange. Ncgotiahle Instrument,,;; are defined by Ch. 119 of the Laws of 1898, which l'epea.Js ~11 Jaws inconsistent with the provisions of this act. Section 20 proVIde. as follow. :
"An instrument to be negotiable must conform to the following
requirements: 1. It must be in writin~ and signed by the maker or
drawe . 2. It must contain an unconditional promiso or order to
pay a sum certain in money. 3. JI.lust be payable on demand, or at a
fixed or determinable future tirnt>. 4. l\ltLo;;t be payable to order or
to bearer; and 5, where the instrument is addressed to a drawee,
be must be named or otherwise indicated therein with 1·easonable
certainty." Its 11egotiabi1ity is not affected_ ~Y a_seal, orby ~ provision
which I uthorizes the sale of collateral securities m case the rnstrument
be n:>; paid at maturity. or authorizes a confession of judgment if
the instnunent be not paid at maturity; or waiyes the benefit_ of any
law intended for the advantage or t,he prot,ect10n of the obllgor; or
gives the holder an election to require somet,I.J.jng to be done in lieu
of payment of money. It is not necessary that paper should be
made payable at a bank or any fixed pla(:e. To clJarge indor~er,
notice of non-payment must at once be g1'1en t,o bun. The tune
of maturity is regulated by Art. 1:3. as follows: "Section l 04: Time
of Matw·ity. Every negotiable instrwnent is _vayabl~ at the time
fixed therein without grace. \\'hen the da:r ol maturity falls upo11
Sunday, or a holiday, the ini;trument is payable on the next succeeding
business day. Instruments falliug due on Saturday are to be presented for payment on the ne. t, i;ucceeding J,u,-iness day, except t,bat
in truments payable on demand may, at th<> option of the holder, be
presented for payment before 12 o'<"lock noon. _on Saturday, wb~n that
entire day is not a holiday." Lee-al holidays are: Christmas,
New Year's Day. February 22. Good Friday, .July 4, :\lay 30, 1st
l\Ionday in September, 12th clay of September. and the 12th dar of
October. all days of general and con;.rres"ional elections throughout
tbe Rtat,e and any day of public thanksgiving or humiliation and
prayer proclaimed by the go,-eruor or legi. latme. and all Saturdays
after 12 o'clock noon are legal half 11olidays. lVI onday is treated
as Sunday when immediately preceded l..ly one of the holidays aforesaid. By act 18H8. Ch. l!)R, it, shall be lawful for banks and hankers
in the city of Baltimore to C'h-;e thei1 doors for business at, 12 o'cloek
noon, on each and evel'y Saturday in the year, and every Saturday
in the yea1·, after 12 o'clock noon, shall be a legal half-holidav, so
far as regard· the pre enting for payment or acceptance, and the
proLest-ing and giv1ng notice of the dishonor, of hills of exchange
and other negotiable paper, and for these purposes shall be considered
as the fil'st day or the week. or Sunday, and all negotiable paper
shall he dr.emed t.o be pre. entahle on the secular day next. sur·cc-edinn:.
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
1874
BANKING AND COMMERCIAL LAWS-MASSACHUSETTS
ote.c;
Bagby's Code amended b~· Chapter 350, Acts of 1016.
wherein reservation of title :u· embodied must be recorded in the
Clork"s ofllce of Baltimore City, or in the counties.
ttoruey. Every power of attorne)' authorizing an
Power of
agent ot attorney to sell and convey any real estate, shall be attest_ed
and acknowledged in the same manner as a deed, and recorded prtor
to or with the deed executed in pursuance of such power or attorney.
A corporation shall havo power to appoint an attorney for the same
uch power of attorney shall be
pur(Jose, by its corporate seal.
deemed to be revoked when the instrument containing the revocation
is recorded in tbe office in which the deed should properly be recorded.
Probate Law. (See Administration of Estates and Wills.)
Protest is usually made by notary public. .Notary must keep
register of protests. A protest of notary public is prima facie evidence
of non-acceptance or non-payment, and of the presentment of said
note for payment, or of said bill for acceptance or paym_ent. at the
time and in the manner stated in the protest, and the protest shall
also be prima facie evidence that such notice ha." been sent or delivered
in the manner therein stated. (See~ ·otes and Bills of Exchan~e.)
Reple"\•in is a remedy to recover specific good and chattels to
whose possession the plaintiff is en• itled. Also the proper 1·emedy
to recover possession of goods rlistramed unlawfully. Bond must be
~iven to the tate of ::\Iaryland, and any party having an interest
in the property, may. upon breach or any covenant in bond, maintain
an action in the name of the State for his or her use.
Sales & Notices. Act 1910, Ch. 3 ~ . provides a Uniform Sales Act.
Taxes. Tho county commissioner. of the several counties of the
State, and the mayor and city council of Baltimore C'ity a.re directed
to levy a tax annually upon real a.n<l personal property situated
within the State, and no pel' ·on ·ho i · not as. es..,ed to the sum of
100 shall be required to pay any tax. Beginning with 1'115. the
State tax is thirty-two anrl one-third cents, beside the County tax.
The County tax on Banks located and in business anywhere in .:\Iaryland is uniformly l per eent. The property of religious, charitable,
benevolent, and educational institutions. and cemetery companies is
exempt, from taxation. On timely application exemption may be
had for manufacturer's tools aud machinery in actual use from .:\lunicipal taxation in Baltimore City and in :-;ome of the Counties, an<l
beginning with 1915, from State taxation. Colle~tors may sell
property to compel payment of overdue taxes, upon giving duo notice
of sale, and complying with other requi. itcs of statute, and any person
interested in property may redeem "itbin tweh-e calendar months
from date, and in default of redemption. title to property vests in
purchaser. Taxes are considered in a1-rears on fir't day of .January
next succeeding the date of their levy, and bear interest from that date.
Trust Companies. Laws of 1920, Chapter 268, Sect ion 46. subsection ninth, provides that trust companiC>', by it.· directors. duly
authorized officers or agents, shall have the powers a· ..-~all be us-ual
in the carrying on of the ban.king busm "S. by buying, cli counting,
negotiating promissory notes. bond.·. draft-,. hills of exchange. foreign
and domestic. and other evidences of indebteclness.
Trust companie, tax one per cent,
Laws of 1920, Chapter 64.
same as state banks.
"Uniform State Laws" intended for adoption by all the ,·tates
and adopted by Maryland: (1) ~ egotiablP. Instruments, (2) Bill: of
Lading, (3) Sales, (4) Warehou ·e Receipts. (5) Stock Transfer, (G)
Probate of Foreign Wills, (7) Uniform Bad Chock Act, provides
that drawers shall be given ten days notice to make good check,
before prosecution.
Certificates of capital stock, bills of lading, and warehouse receipts, roughly speaking. (1) are negotiable, (2) represent the property
certified to.
~·111~ of land or personal property, and any codicil thereto. must
be in writing, ;;igned by the testator, or some one else for him. in
bis presence. at his reque ·t. and witnessed by two or more credible
witne-ses, as and for I~ t will and te ·t.ament of the testator, in tho
presence of all tbe witne.s..-,es thereto. :Nuncupath·e ·wiJL· invalid
except in case of disposition of per ·onal property by soldiers and
marines in actual servicn. Every will or other testamentary instrument executed without thls tate in the mode prescribed by law,
either of the place where executed or of tho testator' domicile. or
according to tbe forms required by the law of this State shall be
deemed to be legally executed. and shall be of the same force and
efl'ect as if executed in the mode prescribed by the law of this State,
provided. said last will and test~mont is in writing and . ub c-ribed
by the te.,ta.t01·; and if the testator was originally domocilecl in .l\Ia.ryland. all hough at the time of mah.--Ing the will or at the time of his
death ho may be domiciled elsewhere. the said last will or te tam utan; instrurnent so e--cecuted shall be admitted to prnbate in any
orphans' court of this State; and when so a'lmitted shall be governed
by and construed and interpreted according to the Jaw of :\laryland,
without re~ard to the le.· domicilii, unless the testator shall expre · ly
declare a contrarv intention in said will or testamentary in,,trument.
Code Art. 0:3, Cb. 33--1. ... 'o will. testament, codicil, or other testamentary paper shall be suhject to caveat or other objection to it·
validity after the expiration of three years from its probate. (Acts
1894, Ch. 40.'3.) ·when a per:-:on is unheard or for a.ho,·e . even years,
and supposed to he dead, the orphans' court, under the provbions
of Act of 1!)0,, Ch. 1~;;. may grant letters testamentary or of administration as the ease may be.
·workmen's Compensation. Dy the Act of 1914. haptor 00,
provision is made for the insurance by employer;; of their employees
enga~ed in e.·tra-hazardous ocl'upations. to provide for comp nsation
for injurie.-- and death. Thi,; .\ct i: intended to .--uper. ede within
it.· scope recovery for injurie" through ueg-liii:enco a.s a tort, and to
do a.way with tich defen. s as "ll!·sumed risk," "fellow ervant ·•
and, to some extent, · ·coutribu ory negligence.'" The extra-hazardous employment sare emunernted at length, and the e ·te~t, of compensation set out. Employer. and employe~·. may by 111mg agr ement, clas.sify their occupation , ,, extra-bazardou., although not so
enumerated in this Act. ,\rtil'le 1111, Amended by < ha.pt r G. \ t ·
of mm. so as to extend benefll to alien non-resident ctel'ondants upon
certain terms.
SYNOPSIS OF
THE LAWS OF MASSACHUSETTS
RELATLTG TO
BANKING AND COMMERCIAL USAGES
Revised by RAYMo.·o T. PARKE, Attorney at Law.
Boston, Mass. (See Card in Attorneys' List.)
Accounts. Ex parte affidavit on claims and accounts is of no
value. They must be establL-.hed by e\'idenco produced in court
after suit brou~ht either hy testimony or deposition.
Acknowledgment'! and Deeds. Ach1owledgments may be made
before anv justice of the peace. notarv public or special commissioner
in the tate; when the acknowledgment L made by any person without this . ta.te and within any other state, territory or district of the
United tates, it may be made before any officer of such state, territory or district authorized by the laws thereof to take the proof and
acknowledgment of deed·. and when . o taken ther shall be attached
to the certificate of acknowledgment a certillrate of tho secretary of
the state or territory in whicll such officer re ·icles, under tho seal of the
state or territory, or a certificate of the clerk of a court of record of such
state, territ0ry or district, in the county in "hich such officer resides.
under seal of said court. cerdfying as to the authority, of such officer
to take acknowlod~monts and as to the e;enuineness of his signature.
In deed. where there is more than one grantor, the acl-mo" lodgment
of one of them i sufficient. Offidal taking acknowledgment should
state date of expiration of his commi.· ion.
No separate examination or acknowledgment of wife joining in a
release of dower necessarv. Conveyance.-; of land are made by deed
under seal executed by ·the grantor or attorney having authority
therefor. A conveyance in fee, for life or for a term exceeding seven
years. shall not be valid except as against the grantor and persons
ha Ying actual notice of it, unl~- · recorded in tbe county in which the
real estate is situated. Deeds mu ·t be under seal, a scroll being
insufficient. .. To subs<'ribing witne.·s is nece .. "ary. Release of dower,
homestead and other interests must be explicitly stated in deed, wife's
1
~~~}~gci~\"~~~c~eritre~fi~gt1~ :u~c~ei!1c\; oV~~~b~~~e~rdb;i(;afatr
mortgage, a.~ if unmarried, but no such com·eyanee shall have anY
efl'ect, either in passing- title or otherwise. until the deed describing
the property to be transferred is duly acknowledged and recorded in
the reg-istrv of deeds for the di ·trict where the land lies. Any interes~
in real estate may l.Je traru·ferred by a person to himself jointly with
another por"on or persons in the same manner in which it might b~
tran.·ferred by him to another person. ~ To intere t in land excep
an estate at will can be created except by instrument in writing or b1
operation cf law.
Actions. There are three classe · of action : contract, tort, and
replovin. Action:-- at law o begun by \\Tisi ued in blank form b1
the clerk of the s 'Veral court ·. ~ 'o declaration need be insertedchiD
the writ. e. cept in case, of arre -t on me ·ne pro e. or of an atta uits in equity are begun by flling a. bill upon wWg11
ment of a. ,·e.· ·el.
a subpama is i. ued by the clerk of the court,. Actions begun 1
trustee proce. must be brought in the county in which the trustee
or one of them re ·ides or has his u ·ual place of bu ·ine~-.
Admini tration of E tate . .Admiui. tration or probate is to !>8
taken out in county where decea.sed la:· r, ·ided. E.·ecutors or admiDistra.tors are required to give a bond of about double the Yaluo of tb1
personal estate. An executor will be e empt from giving sureties ns
testator so direrts. An a.dmlni trator will b ec empt if all perso
intere ·ted in thi.- tate except creditor: con,·ent and all creditors ar;
notified hy publication. In ca - a non-re id n i. appointed execu IC
or admini trator, he mu,,t appoint a r ,-,ident agent. TherP are pub! 0
administrators in eac.h count;\· to whom ad mini ·tration i · granted UP.0
estate· of per:-;on · who die inte.·tate lea,·lng property, and not, ha~~~:
any bu band. widow, or heir in thi 'tat . Ancillary, adminlstra
tUe
may be !?ranted upon the c tatc of a non-re !dent ,,!lo dies lef 1111
property in thi 'tate. Every adminis rator and executor sha 1 tan inventory "ithin three month . and publi h not.lee of his app~~n
ment. ... 'otiee of a debt. and demand for ft.-; payment should be !1:1 tto an executor or admit istrator within .--i. month.· after bis. a~P 0 ~ 8
ment and the deht ·hould ho paid after ·ix: months and w1tJ11n 1. r
year of the appointment. .._'o_ suit can b~ brou!!;ht by a cred
a.gaim·t an ex cutur or admw1 trator withm ix montbs afte~ the
giving bond, except on a claim not atr cted by th in.-ulven!'Y O tor
estate. • ·o ult can ho brought agairu t an e.·ecutor or adnrn1lst~~oill
who ha puhli heel notice of hi,; appointmen . after one yeafr r the
time of ilb gh·ing bond. uni~- he h · re •ivecl ne" a! sets a te urt,
expiration of the on year, or unle further tim i allowed bY coxnaY
!aim doe· no accru ?oithln tho one year tate
A creditor wl10.·
cau ·e a · · ts to be reserved to answer to Ws el aim. ,, lH'll the essbail
is insum lent to pay all claims, the executor or administrator l.nted
repre:;ent the est-ate in oh·ent and c~muni iuner will he appon we
to re eiv proof of ·!aim or the ourt may recehe and act up~e 0 (
, and cJ1arestat8•
claims. < la.itn-, for funeral e.·pen:;e~, I t ick.11
adminL tratiou. ar not affected by the in olven 'Y of the st 00ce
Executors and administrator.- shall rend r an account at lea
d and
a year.
Alien . R ·id nt or non-re.--,iden all n,; may su and be sue
is a
may hold and conv y real e tato.
rre!st. In an a tion of contract, the der ndant unle ~ s~J and
prm1decl the plallltl to tb8
woman, may be arr ·t d on me n proc
except in acliops on ne"otiablo in tr';lm n • the original P~~lt and
contract 1>r !us ex: ·utnr · or adllllnlo.;tra or make.- atll able that
·a.ti factorily prov to th court to hi h th writ ~- retur{;8vcs
iie e p t tor o, r a um amountln to 20; that be be e 1?1ent
not intend to apply to pa 1ea"e
def •ndant h~ property hlch he cl
of plaintifI' debt: that he beli ,e that d f ndant int nds t~pt ror
the ."tato. .Actiu11-, of tort, a~af~- ·om n a well as men, exc 00 tb8
.'lander or libel, may bo hegun by arre or th defenda.~t, A dertain , ffidav 1/apPlY ~
plaintitf or some one in hi, bi half maldng
may ive bail or b ma. the oaCendant arr ted on mesne proc
t.ate, or sed rrotJl
tak an oath that he doe not lnten to I a"\ th
u h ( ath he 1s relf:a.iat,taehed
for relief" of poor debtors; on takin
arrest. ~ ·o arre ·t can b mad if the prop rty of defendant 1 r for iiJJa.me wri . Ou an e · cution, . pt fur co ts .. ? bout t;o
upon th
roony. or one I u I in an action of tort. or \\h r d btor i:; a
1
tL,
w••
BANKING AND COMMERCIAL LAWS-MASSACHUSETTS
No bank shall be liable to a depo·itor, or to t,he drawer of a bill of
e~change 1.J.pon the bank, for an amount chargeu to or collected from
him on a~count o~ payment by such bank of a negotiable instrument
upon which the signature of any party is forged, or which is made,
dra,vn, accepted or indorsod without authority, or which i · materially
altered or the amount. of which is raised; unles .. within 0110 year after
return of s~1ch negotiable instrument to sm:h depositor or drawer,
he shall notify the bank in v.riting t,hat, as the case may he. the instru17:ent was made, drawn !',CCcpted or indorsed without authority, that
signature o~ a party to mstrwncnt is forged, or that instrument has
been materially altered, or that the amount has been raised.
Bills ot Lading. The so-called Uniform Bills of Lading Act b in
force, and ~as. been_ he\d . constitutional by the Supreme Judicial
Co~t. A bill m ~h1ch it 1s stated that the goods are consigned or
d~st!ned t? a _sp~c1fied person is a non-negotiable or straight bill. A
bill m which 1t 1s st,atecl that the goods are consigned or destined to
the order of ~ny pe~son named in such bill is a negotiable or order bill.
A ~on-i:iegotiable bill cannot be negotiated, and indorscm nt of such
a bill _give' 1.raJ1sferoe no additional right. A negotiable bill may be
ncgotiatect Y mdor ·ement of person to whoso ord r goods are deliverab!e by tenor of bi!I. Such indor.-cment- may l,e in blank or t.o a
specified I?Crson. I~ mdorsed to a ·pcciflcd person it may be negot1at~d a~am hy the mdorsement of sucn person in blank or to another
spec1fiod pers~n. S~bsequent negotiation may be made in like manner. A ne1;otiable bill may be negotiated bl· any person in posi-·cssion
of ·ame, howe~·er such pos:session may have been acqUirea 11, oy tile
terms of the l.Hll. the carrier undertakes to deliver the goods tu the
order_ of such person._ or if at time of negotiation bill is in such form
that 1t_ may be ;1c~otiated by dc!l\·ery. Indurscment of bill does not
make mdorscr h3:hle fot• any failure on part of eanier Oi' previous inAny prod~n:scrs. of the lull t:o fulfil their respective obligations.
v1s10n rn an order bill that it is non-negotialJ!o shall be void.
leave the State, ho can not be arrested until ho has first been citeu
before a magistrate for examination, and it appearing that he ha:s
~operty and refuses to assign it, the magistrate may order his arrest.
forh~~u:r~r~~o~ld:brg~~t-ion the debtor may apply t.o t-'lke the oath
Assignments for benefit of creditors. .\. voluntary ~ iii:nment to
trustees for benefit of creditor· can not be avoided by creditors who
assent thereto, except by proceedings in bankruptcy begun within
four m!)nths or b~ proof or fraud. Ii there is property in excess of
the claims of creditors who have a sented, the excess in hands of the
trustee can be reached hy trustee process.
Attachment. All real estate. goods, and chattels not exempt
may be taken in attachment on the original writ and held as ecuritv
for j~dg~ent, _except that lands and tenements can not be attached
in sUits u~volvmg le ~ then $20. Attachments may be made in suits
bNy or aga11;ist non~res1dents as well as in uits by or against residents.
o bon~ IS required t0 make an attachment. 'hare of stock in
corporations cannot be at,tachcd except by bill in equity. Attachment
of share of ~tock is not valid ~gainst, a bona fl.de transfer although
not rec~rd~d m book (?f corpor!',t1on. Debtor may du·. olvc attachment
by furmshmg bond with sur~t1es to pay judgment obtained or value of
propert_y at.tach~d dctermmcd hy apprai ement. Debtor against
WhOII) Ju<:Igment 1s_rend':)red for over. 20 may be. ubjocted to sworn
exammat10n touchmg hL'- property, and if he refuses to delh·er up
such pr9p~rty (not being exempt from at achment), an order for
arrest will 1ss'!e and he can then apply to take the poor debtor's oath
and be e:ca1~11n~d as to bi. property after notice to creditor. An
attachment 1s dis ·olved by d ath of the defendant if adminbtration
lsr gran_ted upon his estate upon application made within one year
a ter hIS death.
Banks. In this S~a;te, safe d~posi~. loan and trust companies arc
governed by the pr0Yis1ons contarned m chapter I Hi, rc\i ed laws, and
:iimC?ndments thereto. Under the law twenty or more per.·ons and
e1r succe:;:ors may for_m a corporation fur the purpo o of carrying
on the bus1ne~s of bnnkmg. The g neral C'ourt may, h, special act,
a.nnu! or dissolve any s~1ch corporation; hut, its dissolution shall not
impair any remedy agamst the same for liability prcdously i'1curred.
ihhe capital stock of ea<·h l1ank s 1rn.ll not be less than ~:wo.ooo nor more
Ill an l,000,0'JO, except in cil,ies or towns who. e population i not
ore than 100,090. the capital may be not le. s than 100,tino. and
~cept ~lso that m towns whose population is not more than 10,000.
e capital stock may be not less than ;;o,ooo. dhided into shares
the par value of SJOO ach. No basin :;s shall be transacted until
e whole amount of its capital stock is actually pail i:1. Before
commencing business the prc:ident and direr·tor. shall maim a certificate ·pecifying the corporate name. which shall he <1i1Terent from
~Y Pre,•iously organized in the commom,;ealth: the location of said
ank; the amount and number of :hare. of its <'apital stock: name
:~ residence anct number of shares of each stockholder, and the
e when it is to ~o into operation: a copy of which certificate
shall be fUcd with tho secretary of the commonwealth. No part
the capital stock can be sold or transferred unt-il the \\ hole amow1t
ereof is paid up. No person can hold mure than half the capital
:~ck, exclusive of that held ac; security. In addition to the <'apital
ck to which a bank is entitled. the commomrnalth may sub ·cribe
thereto an amount not exC'eeding 50 per cent of it auth riz d capital,
aid commonwealth shall
~hen provision is made t.h rofor by law.
non
t: entitled to its proport.ionate share of profits and dividends.
ca.e. vote of three-fourths of its stockholder... a I ank may in<'rease its
ls Pital. stock to an amount not exceeding 1,000,000. The cashier
su;ecimrcd to give bond in not, less than 20,000, "ith two or more
eties, before entering upon his duties. The debts of a bank :;hall
at no time exceed twice the amount of capital . ocJ;: paid in exclusive
deposits not hearing interest, nor shall there he due the hank more
an double the amount of capital stock paid in. Every bank is
tequlred to keep a reser\'e in lawful money of the V-nited States, equal
0 15 per cent of its liability for C'irculation anti deposits in City of
0 ston.
Trust companies doing business in the ity of Boston shall
toekholders of
eep a resen·e equal to 20 per cent of its Iiabiliti s.
bank are liable in their indi\'iclual capacity for the payn.ent of all
e circuJatino- not s remaining unpaict in proportion to the stock they
re~ectively holci when it stops payment.
By Ueneral Acts 191!) c. :mo the ofiice · of bank rommissioner.
~'½_Pervisor of loan agencies, and of insuranC'e commis ioner are. abolued, and their duties are to he performed u~der a newir const1tute_d
3°Partmcnt of banking and insurance estabb:hcd. b.: tl11 a,·t. This
8 Partment i. di\'idcd into divisions under conum 1011 rs, kn_o"~n a
~Inmi_ssioner of banks. commissioner of insurani:e, and coi:nm1ss10~er
savmgs bank life insurance. This act contams e.·tens1ve adm1111strat1ve provisions.
1875
\ bill of sale of personal 1)1'opcrty intended for
Bil.ls of Sale.
security must he recorded, the recording pro lsions as to mortgages of
personal property being applicable. Jee Chattel .:\lortgages.
Chattel Mortgages. Chattel mortgages must be recorded in the
records o~ the city of town where the mortgagor resides when the
mortgage 1s made, and in the city in which he then tran--acts bu ·incss,
e,·e~·y mortgage, rum;t be recorded wit.hin fifteen days of the date,
untll recorded the mortgage is not valid except between the parties
and record_ subsequent to time limited is void. If mortgai;c is given
by non-resident, mortgagor, record must he made in city or town where
property th~n is. If record in two places is required, and mortgage
1s recorded 1~ one place within fifteen <lays, it may be recorded in
other place within ten days after elate of first recot·d.
i!
.. Conditional ~~lcs. If 13: contract for ale of personal property
1s made on cond!t10n t-hat title • hall not pa.ss until purchase money
h~s bee,1 full~· paid, and. ve_ndor upon de''ault take. possession of prop01 t Y, the vendee may w1th111 fifteen days afrnr such taking redeem the
Pt:ope_rty so taken by paying to vendor the full amount then unpaid
w1th mtercst and all lawful charges and expenses due to ve1\dor.
T!Jere are spoeial statut.ory pro,•isions affecting conditional sales of
fmmture or other household effects.
Hy statute no cone.Ii ional sale of heating apparatus, plumbing goods,
ran~es. o~ other articles of per.'onal propcrt,y which are afterwards
wrought, mto or attached to real estate. whether fixtures at common
law or not. shall be valid against any nwrtgagee, purchaser or grantee
of such real estate unless not later than ten clavs after delivery thereon
of such personal pmperty a notice in form prescribed by statute is
reco~ded in re¥"istry of deeds of distr:ct where land lies. Statute also
apphes to regist.ered land.
In the ordinary case, contracts of <'Onditional sale need not he recorded. Se)ling or C!)7:1cealing personal property held by vendee
under .a written co~d1t10nal contract of sale, before performance of
cond1t1on and with mtent to defraud, is a criminal offense.
Corporatl(!DS. By sp~cial act of 1903, chapter ,i37, the law of busin_ess c·orpor!l,tIOn_s wa.~ renscd and as am nded applies to all corporat10~s organ_1ze!1 m this commonwealth for the purpose of carrying on
husme: · wi~hm t,he commonwealth for profit,, except the following:
Ba~ks. sa"'.mgs banks._ co-operative banks, trust companies. suret,y
or ~ndenn_11ty compames, i;~fe deposit companies, insurance compames. _railroad or st.root railway companies. tele,;raph or tel phone
compamcs, gas or electric. light, heat or power C'ompanles, canal,
aqueduct or ~Yater c:ompa111es, cemetery, or crematory companie . or
any corporatH n wluch now have or may her •after ha Ye the right to
t~ke or cone cmn land. or to e,cerC'ise franchi,;e in puhlic ways, proncled that <'orporations. formed for purpose of dealin~ iu real estate
shall state the term of the duration of t,he corporation such term not
'
to exceed fifty years.
Under this act three or more persons may associate together and
not included
business
lawful
anv
on
carrying
for
corporation
a
form
b BUis and Notes. The law of negotiable in ·trumcut · i · go~·erned
in the above provisions. Such a corporation must have a capital
the 1 ·egotiahle Instruments Law, as amend d, where applJcable;
St. 1920 C.
By
limit.
maximum
no
is
There
1,()00.
than
le~s
not
?f
to other ease by tbc Jaw merchant. .\ person becoming _a party
,H9, busmess corporations may create shares of stock with or without
in a non-negotiable promissiory note_ payable 01~ tme, by s1gn.ature
may, b:r
value
par
with
stock
with
corporations
and
val1;1e.
par
ment
'!on-J)al
of
blank on the back thereof. is <•nt 1tlcd to nt\t!Ce
approp 1 Lte proceedings, change such stock to stock without par value.
8
as an iudorser. A depositary of funds. subJeet to "1thdrawal by
The stock may be divided into two or more classes with such
it eek or demand draft. may pay a check or demand draf~ drawn _on
preferences. voting powers restrictions and qualifications as may
bi~Y a depositor having funds on deposit to pay am~. not" 1thstandmi;i:
ho fixed by the ag-reement of a: sociation. Upon due organizadeath, upon pre.'cntation "ithin ten day. after It!' date. .
_of. the _associates anct. f'.lling' a copy of tho agreement of
tion
bi;rotest uf bill. note or order duly ce_rtitle~l hy notary p~bh<' und~r
,nth the comn11s.-1oner of corporations and on payasso<'iat10,1
hand and otncial seal is prima fac.1e e, 1dence of facts, tatcd m
of a fee of one-twentieth of 1 per cent of the capital but
ment
. .
UCb Protest and of giYing not ice to dra\\'er or !udor er.
$50, a cert iflcatc of incorporation is issued bv the
than
less
not
or There arc various st.at utory provisions bearmg upon, the vahchty secretary of state.
The capital stock may be issued for cash pro1ierty
tfathe notes of municipalities of this Commonwealth. \\ here a negoserviC'OS or expen~cs. but not for notes. The
intangible
or
tangible
lna le instrument is not payable on dcmaucl. presentment must be
amount of c~pital stock may be increased from time to time.
tn de on the clay it falls due. Where it is Pl!-Yahle on qen _and present~
have not less than three direC'tors
must
corporat,10n
The
ent 1nust be made within a reasonable ~une af er 1!s 1. ue.
The directors, treasurer and
president, clerk and treasurer.
t 11 accommodation party to a negotia!Jle mstrunwnt 1. liable tI?creon
clerk are elected by the stoekholdors. The president is chosen
~ka holder in due course notwit-hstandmg sudi holder at tJ:ie time of
The clerJ· must t,e a
.
director.
of
hoard
the
from
and
hy
Whing the instrument knew him to be only an accommo~at1011y~rty.
of the commonwealth. Meetings of stockholders must
Ing en the day, or the Ia.st day, for the performan~e or anJ act. !?Clt1Cl- , resident
direct.ors may meet
but
commonwealth,
the
within
helcl
be
re the making of any payment or tender o,f pa) 1~011;t, author!zed ~r
within or without the <'ommonwealth. Voting by pro. y is perd Quired by statute or by contract falls on undM. or on a le~. I hol!mitted, but 110 proxy dated more than six months before the
na.:v, the a.ct may be performed on th next ucceedmg se<:ular or busimeeting named is ~.Jill. Any eorporation may hold, purchase. conday, unless it is specifically authorized or required to be performed
vey mortg<!-~e or lea. c sue~ real or personal property as the purposes
·
fl cl h
•
E: Unday or on a l gal holiday.
the busmess may reqmre.
of
\V1 very negotiable inst.rumont is payable at the time x~ t erem
Every such corporation is rc:-iuirecl to file an annual report, of its
dr tbout grace, except that three days of ~ra<:e shall be allo" c.d up.'?~i a
and if its capi,al stoek is over $100,000, to me a written
C'Ondition,
1ght
.
at
etts
:\lassachu
w1thm
uJft or bill of exchange made payable
statement under oath h · an auditor. It is also required to make
of ess there is an express stipulation to the contra~. \\ _here the dar.
an annual return to the ta:c commissioner.
Pa lllaturity falls upon aturday, sundaY, or a. hol~day, mst1:ument 1s '
Every forcig-n corporation whiC'h has a u ual place of business
r,.!&.ble on next succeeding business day which I not a aturday.
h_ere. or is.engaged h~re permanently 01· temporarily in the construcy at option of holder, be pre ·entecl
d
bl
.....trunient
t10n, erection, altcrat10n or rer,air of a building, bridge, railroad, railSaturday when that entire
s paya eon c1em~~n ,;na •
•or Pay
..
da.:v i ment before twolve o ·lock noon on
way or st,r.uc~ure of any kin,t .. shall. before doing business here appoint
Ch snot, a holiday· J>rovidod however that no person roC'e1vu111; any
the comm1ss1one~ of corpor~t1on'-, 11 s at.t.orney for the servi ·o of procb:fk, draft, bill of ex<·hange or promissory note. payafbldc 011: dell)and,
s1:1<'h aut~oritr t~ con_t.mue a· long as any liability remains outess,
ut:v or mcur
r n:v neglect or omission o
•1t
~ 1 be deemed
stand1_ng-_ a~am. t 1t 111 this cornmom, lalth. ancl shall mo with the
to[ liability, for ~~t [re~e~ing for payment or ac~~~ta?ce or collecof co!·poration. a com· of its charter, articles or certificomm1.-si~)ller
such check d aft 1 'll of exchange, or prom1 ors not-c on at
cate of mc~rporat1on, by-laws, and a_ certificate setting forth it.
l>:tUrday; provtdfd ai ~1 that the same shall l>e duh· pre.sen tee!, for
namE;s and !!,ddre. ·es of Its oltkers, date of its annual
loC'atcd,
nam~.
da.tment, acceptance, or collection on the nei..t uc eedmg busmes
meetmg, amo~.mt of 1t~ capital st.ock authorized and is.;;ued. the numlg1·nal named 1,ayce of order
h
ber and par , alue of its shares. the amount paid th reon •ind cl et.ails
Uncter
certain circumstances t e or
l>&.t\Ar
of any payment thereof not made in lllOlll'y. 1 hey a\, r •quirod
r~ lllay be a holder in due course.
rl
l!
f
ti
hi
ctn1°
o:88
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
1
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
1876
BANKING AND COMMERCIAL LAWS-MASSACHUSETTS
---,-----------~-
to file annual statement. with the commi,;; ·ioner of corporations
showing their condition.
Court . Terms and Jurisdiction. Trial justices may .·overally
hold courts within the countie.-. for which they are appointed. and
shall ha,·e ori!:?;inal jurisdktion, exclusive of the superior court, of all
act.ion, of <'Ontrai::t. tort, or replevin. where the debt, or damage;;
demanded or -...a!ue of the property alle:i:cd to be detained does not
exceed $100, and concurrent, jurisdiction with tbe superior court of
·uch actions where such amount exceeds $100 and is less t.han . 300.
Police and district courts may in tbeir respective cow1ties have original
jurisdiction. exclusive of the 8uperior ( 'onrt. of a<"t.ions of contract, tort
or reple,·in, in which the debt or damages demanded or the value of
the pt•oporty alleged to be detained does not ex<'eed . 100 and ha,·e
ori~lnal and concun-ent jurisdiction with the Superior Court of act.ions
of contract, tort or replevin in which the debt or damage.· demanded
or the value of the property alle~ed to be detained i5 more than 100
and does not ex:reed l ,000. The supreme judicial court has original
jurisdiction in all equity matters and may on appeal hear all matters
determined hy the probate court. and determine questions arising unde!'
wills, Superior court, has jurisdir·tion where the amount claimed exceeds ~20, :.'\Iunicipal court of the city of Bo ton has jurisdiction <'OllcurrenUy wit,h t,he superior court in the county of Suffolk, in actions
where the d ht does not e.·ceed . 2,000, provided one or more of the
defendants resides or bas his usual place of business in the county of
Suffolk. The Land Court has exclusive original jurisdiction for registering titles to real e,-,tate under tho Torrens system.
The Probate Courts han? jurisdict1,m over administration of estates
of deL·eased persons, mat.t.er.: of adoption, guardianship, con. en•ator,hip, t.rusts uncter wills an<I writ.ten instruments, petitions for
separate support, and of partition of land. There is a Probate court
and Hegistry of Probate in each county.
E1Jl1ity jurisdiction is lodged in the nperior Court and in ~·ur,rerne
Judicial Court.
Uepositions . . Taking: of uch is gm•erned by statute and rules of
courts. The commission i sued to take depositions contains full
instructions to magistrate how to proceed.
J)esC'ent an•l Distrihut ion 01' Property of Decedents. After
declucting widow's allowance and allowances for minor <·hilclren,
and payment of debts and expenses of administration, the remaining
personal and real estate is distributed as follows: lf clocenscd lea\·es
no issue. surviving hnsbarnl or widow shall t,ake :3,000 and one-half
of remaining real and personal property. If deceased leave. issue,
surviving husband or widow .·hall take one-third of remaining real and
personal property. If clec·eased leave.· no kindred, surviving husband
or widow shall take vhole of remainin~ real and personal pro1,erty.
A husband on death of wife shall hold for hi,; life one-third of all
land owned hy her at any time during coverture. estate known a.
tenancy by curtesy. "'if<' is entitled to dower at common law. But
in order to be entitled to such rurtesy or dower election and claim
therefor must be flied in regbt ry of probate with six months of approval
of bond of executor or adminbtrator, and such election is a waiver
of the interests on real property ahove mentioned. Probate .,ourt
assigns do" er or cm-tesy. nigh ts of cu,·tesy which exi<:t on FehruarJ·
1, HJ19. ma)· he claimed as above provided, but in such ca. o husband
.shall take 110 other interest. in real or personal propert~- of wife, and
except as above preserved cnrtes:r at common law is abolished.
SuhjPl't to all the above, the rest and residue of intr•,tate property
is dist rihnted as follows· 1. ln equal share<: to childrnn and i ,me of
any deceased r.hild by right of representation; if thore b no surviYing
child, then to the other lineal descendant if all a1·e in am dt>,gree of
kindred, otherwise by right of r presentation. 2. If iute,tatc leave::no issue, then in equal share:-. to father and mother. a. If no i ·sue
nor mother, then t.o father. 4. If no issue or father, then to mothor.
5. lf no issue, father or mother, then t-0 brothers and si t TS and to
issue of de ·eased brothers or bter. · by right of rcpr .·en tat ion: if
no surviYing brother or sister, then to issue of such equall. if all in
same degree of kindred to intestate. otherwise h~· right of representation. G. If he leav no i. 11e, no father, mother. brother or si. ter
or issue of deceased brother or si ter. then to next of ldn in equal
degree, but, if there arc two or more collateral kinctr •d In equal de~ree
claiming throu!-(b different ancestor·s, tho.·e claiming through 11ear st
all<'0slor are preferred. If intestate le:n·es no kindr 'd, hu. band or
widow, estate escheat:-. to commonwealth.
Executions can not i. sue until twenty-four hours after judgment
rendered, and an original execnr ion must be hst1l'd \\ithin one year
after plaintiff is entitled to sue out the same. Ori •inal executions iu
all courts are returnable within ixty days alias e ecution<: five year·.
En•mptions. Homestead. if rel'orded, to tho ,·alue t>f • ·oo .
• ·eces,;ary wearing: apparel or family, certain specifle<i art ides of
bou. ehold furniture, and 300 \Orth in addition thereto. library, i'iO;
tools all(l implement . lOO; stoc-k, 100: boats and llshin~ taeklc,
et·., 100: onP cow, sh-: sh ep, one swine, and twv ton of hay .. ·awing
machine. lll'Cessary wearin" apparel, pew in church, etc.
Iatorials
and stock designed and n c~ ary for ca1-rYing on hi-; trade and intended
to be used or wrought tbet·t i11, not excecdin«, 100 in value. Sha.re in
co-opcrath-e a.·soc-iations not exl'eedin" 20 in \'alue. fund,-. of.railroad
relief sodeties a~se.-sment ins11rann1 benefit,-:, uniforms, arms, ancl
equipments of militia o!Ti<'er-,.
:Fa<·tor's Act. The Fa tor'-; A,•t, Rev. Laws c•. 6~ has been materially a, octed hy other statute, 1; laling to sales, \\arehou l' rcx.·eip ·
and bills of lading.
Frauds. Statute of.
·o action can t e brought to chargo an
exe<"utor or administral-Or on a sp cial promise. to charge any per ·on
upon a special promise to answer for debt, default or misdoinis of
another, u1,011 an agreement. made 011 1:on,,icleration of rnarria!{ . upon
a contract, for sale of any iuterc-4 in land. upon nn agreement not to
be porforn1Pd within a year. to charge a discharged dohtor, uni .. the
promise, contract or agreement or some memorandum thereof is
sigm,d by the party or hy his authorized agPnt. • 'o agre •ment, to
make a will, or to devise or to g-i\·e a legacy is hindiu" unit- in ~riting.
To contra.ct of ::ale of personal property of 500 or <>Yer is actionable
unlc.·s there is part payment. acceptanl'e and reeeipt of part of the
goo~s. or some memorandum in writing signed by party to be charged
or his agent.
Insoh·ency. Tllere i an in. oh ent. law. but it i uper ded by the
1¥ational Bankruptcy Act of 1 98. As to i1L-;ol ent e.-.-tat of deceased
persons. ee Admini-;tration of Estates.
Gifts between Hu band and \\' lfe. Gifts of personal property
husband and wife shall be vali•l to same extent as if they wore ole.
.'t. W20,
• 47 .
Holidays. Januarv 1st, • 'cw Year'· Dav-: Fchruar~· 22nd,
·hfngton's Birthday; April 1 th, Patriot's Day: :\lay 30th. Decoration
Day: July 4th, Independence Day: .Fir t .Monday in :ep emhe.r. Labor
Day: Octoher 12th, C'olumhu Day; • ¥ovember 11th, Armi ticc Day:
Thanksgiving Day: December 25th, Christmas Day.
Interest. L "al rate i , por 1· •nt. There arc no u ury law .
~~lr~~~~:,re certain tatutory provisions relath • to int r • t upon
,v
Lbnltatlon or. uits. Contract expre. or implied aucl not unclcr
I and not otherwi e limited, ·i,c ;1,·oar. ; real acti n:-.. tbo e upon an
ted note, If suit is brought by original payee or bu· e. ceutor or
administrator, and personal actions on contra,;ts not limited, twent~·
years. Absence from the State prevents the running of the statute
of limitations as to a defendant until he r.ome into the State. If
the per. ·on entitled to bring an action L a minor or i · insane or imprisoned when the right to brin~ ,_urh action llr:,t accrues. such action
may be commenced within the time hereinbefore limited after the
disabilit)r is remoyed. The statute does not run against those residing
out of the State. See also Administration of Estates.
:Married '\\"omen. The real and personal e ·tate of a married
:ir~~bj~~it~0 itet to~~~;~in~j- \i:a;~f-;~;:;d~1~;t1ia~r:r;,~e ill~0 I't!t\{:
:Married women may carry on trade or busine ·s. make contracts. sue
and be sued. in all matters relating to their separate property, and
such contracts are not binding upon the husband. Wife carrying
on business on own account must record certificate wit.h city or town
clerk: neglect to do this renders her property :so employed liable for
husband'· debts, and renders husband liable for her debts thus contracted.
:\Iechanlc's Lien . Subject covered by statute.
:\lortgages of Real E. tate. Power of sale mort!:!:a!?:e is universally used. Foreclosure is regulated by statute, requiring publication
prior to sale, and sale bars redemption. Mortgages may aLo be foreclosed by entry and peaceable possession for three years.
Sales of Personal Property. Uniform . ales a\.ct was adopted in
1908. As to documents of title certain pro ·isions of the Sales .\et
are afl'ected by the Bills of Lading A<'t.
.. <: to sales of 500 or over,
see Frauds, tatute or. ~·ales of rnerchandi. e in bulk are fraudulent
unless the provision of the Bulk .Act are complied with. Delivery
of a bill of sale is not constructive delivery of the goocL-;. Delh-ery
of po<::e slon of good'> sold i e.· ential a-; to third persons without
notice who purchase sa.me goorl.· for value, or a.s to attaching r.rcdito1
without notice. \'endor's retention of po. ,-,ession after sale is prima
fade evidence of fraud. As to conditional sales, see that topic supra.
Stock Tran-.;fer. Tbi. subject i covered by Stock Transfer L\ct
of 1910.
Suit:,.. Civil actions in general, oxcep those concerning land (if
one of P1e parties lives in the State). mu ·t be brought in the cuunty
where one of them liYes or has his usual place of business. But in
lower courts Yenue depends on re.,idence or place of busine<: of d<>fendant. "'her all parties are non-resident., a ·tion may be brought in
any county.. Attachment of property owned by defendants residing
out of St.ate may be made sufficient to give jurisrliction in suit after
notice publi:ohed hy order of court.
uch notice to he given within
one year from the entry of the suit. Persons eommorant in :-tate
may al o be arrested on men ·e procc. · and held to bail. A nonresident plaintiff is usually required to furnish indor er for <'O t. , :-ee
also Action .• suµra.
'I'axes are a.-;sessed as of the tlr. ·t day of April in each :rear, and on
real e -tato are a lien for two years after t!iey are committed to t11e
collector; but tho collect.or may . ell real state for taxe · after two
year, have clap.eel. unles,- the estate has been alienated prior to the
giYing of the notice of s1.1ch sale. If not paid on demand, collector
may sell after adve11isement .
'I'ru. tee Proce · . All per onal action· except replevin, and actions
of tort for maliciou prosecution, slander, libel, or a.·sault and hatterYr
may he begun by trustee proce ·s and ~oods, o1Iects, or credits o
defendant in hand of a third pe1.... on may be attached and held to
satisfy tlnal jud ment.
ee al,.;o ctions, supra.
'\\'arehou.·eman nnd '"'arehou~e Receipts. The ,Yarehou e
Rer.eipts ct, Acts 1907, c.h • .; 2 \\ith amendments is in force.
'\\·tns. Every person of full age and :ourn.l mind ma_, make n will,
·wm must e -;ignecl by te.stator. or by omc per ·on in his behalf. bf
his express direetion, and bo atte;·tecl and ub erlbc<I by three or more
competent witne: .e in his pre e.nce and in the pre once of each other.
A will executed in mode pre~cribcd by the law either of place wher~
will is ex cut cl or of place of te tator'~ cloo1icil. shall be deemeed
legally executed and hall be of same force ant effect as if execut
in mode pre:-crih d hy la, s of l\las. acJmsett provided will is in writlbng
and .-ubscribecl by te ·tat or. ~~- to waiver of provi:ion,- of will, Y
husband or , •ife, . ee De-cent anrl Di ·tribut ion, supra. abo Rev1sed
La ~-s ch. 13,i. s ction lti and General Ac 191:-., ch. 257. section 3c 5·
BANKING AND COMMERCIAL LAWS-MICHIGAN
SYNOPSIS OF
THE LAWS OF MICHIGAN
RELATI TG TO
BANKING AND COMMERCIAL USAGES
Revised by HE ." RY Wu. SCH and EDWARD F. Wu
Attorneys at Law, Detroit, .d1chigan.
(See Card in Attorneys' List.)
•scH,
Acknowledgments of real e--tate instrument. may be before one
of the following officers: 1. \Yithin this .'tate: Any judge, cle:·1-:
or conunissionor of an~· court of record, notary public, justice of the
Peace or master in chancery. 'l'he official should certify that "On
thi · day before me personally appeared .. .. . .. ... , to me known
to be the person or person who executed the foregoing instrument
and acknowledged that he (or they ) executed the ame as hi. (or
-otary' · certificate must show date. of
their) fr<>e act and deed."
expiration commission. , uch instrument mm,t ha ·e wo suh. cribmg
Witnesses. 2. In any other state. erritory, or district of the Uf1!ted
States: Hame ofilcials as described abo\·e <1r any ofiicer authorized
by the laws of such state, territory, or district, or before a commissioner appointed h:\· the Governor of this f-;tate for that purpose .
Any such instn1ment may be executed according to the, law.· of any
such other state or territory. If officer ha; no :,;eal, certificate of tf?.e
Clerk of the count.y or district, or of the Sec-rctary of ~ta e w1thm
which taken shall be attached. 3. In any foreit,'11 ~untn•: i:io~ary
PUhlic, or minister plenipotentiary, minister extraordmar~·. mm1:>ter
resident, charge d'afiairs. or conuni.· ·ione1· or con:ul of the emted
States, appointed to reside therein.
Action·. Common la\Y form: of pleadings ar ~- e_d. but in O!lle
respects modified by statute. ... Ton-re ident plamt1ff: must g1 e
security for costs.
Ad1ninistration of Estates: In probate court !)f each county.
Olaim. are pas. ed on by judge of probate or commi. 10ner · appoin~ed
for each estate; within such time allowed by the court, not exceedmi;c
in first instance one year nor less than four month:; may _be extend~d
n_ot to exceed two :-,·ears from date; the court m~y revn ~ comm 1ss1011 any time before estate is closed and 3:llo"': further time three
months to examine any claim: an appeal to.c1reml eourts from allm\lany c:laim. All clann barr d, not pres nted
anr-e or disallowance
hefor administration is clos cl:estates is granted: 1st. to s~n ivintestate
of
Administration
.
Ing husband or wife, or kin or grantee. or such one of them as Judµ;e
m~y appoint, or as they may reque t. 2nd. to one. or more of !be
Dr111ci])al creditors. 3rd, to such other person a.'> the JUd~e ID?-Y th~k
-on-resident administrator and executor.· appomted !n
Proper.
Otl_ler states. ten·itories, or foreign coun~rie. l'anno~ '-UC as such m
this State without procuring administration m thl · tate.
Affilla,it.· may be taken by any_ judge, ?laster in cha~ce1·y. _clerk
Of court, justice of the peace, police mag1str_ate. notarJ public, or
Circuit court commissioner. Any oath autbonzed,. or required to be
Illade, without the State for use in judidal proc edmgs here. n:iust be
authenticated by judge of a court having a . cal, and the genmn~ne ·
of such judge's signature. existence of the court, and that :,;u('h Judge
Is a. 11tember thereof certit1ed by the clerk of the court under the seal
thereof. If in any 'other state or tcrrit-QrY, ma~~ b taken ';>cfore a
Comint·sioner appointed by tbe g-ovcrnor of this • tat : or au~ notary
PUhlic or Just.ice of t,he peace authoriv.ed by the law of any such state
.
or territory to administer oaths th rei'l.
In actions at law a!lldavits of amount due on open and stated
ac~ounts, atctached to and served with process a! commen,ccmont ,C?f
111t n1ake a prima facie ca ·c, unle.· denied by the defendant :s afllcla\ 1t
6
leri and served with plea.
Aliens. May inherit or purchase and hold and convey per:onal
.
.
and real estate.
.Arbitration. Competent partie to any c_on_trover:·Y. ,\h!c? 1!.or
right he the suhjcct of an action at law or slllt Ill eqmt~ • lll,lJ a,.,ire
0 arbitrnte and judgment of any circuit court rendere<l upo_n } ie
any person to nny e tate lll ee
arbitration of claim
award.
.
.
or for life in real estate.
f Arrest. 13y writ of capias in perso1ml action in tort a_nd m ac'! 10•1~~
air Jnoney coli ct eel bY any public 0l1icer: or upon prom1 e. t~ marp •
<' 0so hy ,varrnnt allo,ved fiy any justice of ~he pea,ce or JU( 7e ~1 0 ~
ti. Urt or reeor<l, under the fraudulent debtor. ac . \\ll 11 t}ie JF.ed ; d
~o
o:8 conunenced snit or obtained judgment aud the d htorP~t\.
e or r-oncealed or is about to di. pos of or concea 1 prop .
ltecution or the debt was fraudulentb contracted.
•~i~ uni ·rt
W'iA i~nments ror the benellt of creditors ~'.
e th0 ut preferences: must comprise all of ~ signor pr~>e_ ~u erP ·
./,'001Pl,. from exel'ulion. The f'ir<"nit court m chancer'~ a
.
.
1. nry Jurisdiction of :ucll as.·ignmcnts.
on ~ttucbt:n(.>nt,-i,. Writs may be bsm:d _fro;n ju ~~c~l~rlc6~~~~~ro~~{d
eith~_fllda.v1t showrng; debt, flue on e~ptess,1 0 ~ 1~01 lt to ab:r'OIHi from
the ,t.hat the dcht?r has abs(·onde d of ~ 'i ·,bout to a:.s !.m and
r°aud hi. er clitors; or i. a
clispc 1,tte or. has ass1g-11ed. or _dispose
of
0
1.
of
No'
n1::l:~
t~~i
g
d
~itf:~:;~t ~fE!;~~:i rt1r~~~~./~i:~:i~J:~,Iif(~
~riJ-~~iA}Li~ti'
hf
1
0
1
tsiowmg to tlrn C'~rcmt JUdf1 ' bf -fie ·in act ion of tort ngain ·t
not
non-re. iJc~;! \1~t~l
11; ~a.~~1._. . ay • sher or per:,;on. not 1 ·s than
Rallk
flvf! ni· :- . Inrorporation u_f: .A~Y mu,n <l not to exceed thirty years,
crin 1 n1·~:1 .-~" ·oc1att to e::tnbli:h to~ ~ perw nks ha\"ing for both da . "·
(,ar>it•\ c1al banks, saymgs hanl., and b~. 0 000 ac· rdinc: to popula'1 •• 011 fllin article,., of as. oti()11 '' ~o_quirccJ is graded- ·20.ooo to
er tan· of • tale
P nd
Ciati 0 f Cities or viJla:.i:es ,, here cmH.lU<'ted.
by the
I !SU~lll.' <'<?lllmi ·sioner of b!lnk!n,;_ dep,at-:imor~li~ector. d10
t in ad.-ance
inter
of
,
~t
l
oar
1
1ou.
or~am1:at
of
s
tflcat
tor.kJ;on
1
o more than ~ho cga -~holder: 11 ith eommi.. ioncr
hal) i; , < cri;._
. time a vear to he puhof ban°. received: fll correct 11st of ,-,toe
, td county <'lt>rk and r~port ff~~ted. c_ oiumerdal loan,:,
li11het1 kin'.
ll<it to 011 _newspaper \\hen• _bank ,'· _coiiC0 11 real ructate r•uri i ·, hy
• ecure debt du the hnnk.
hvo-tl . xccec1 !i0 P<'J' cent o1 tho ca11ita
• av1 11 ~•~us vote of diroctor:s, < ·c ,pt 10 · ibe· ,·ornmercial deposits
l>a:va1~~ deposits para hie as director: l?r~-.;c~·onlmerclal and :-;.'l\ in~s
\lep 0 it ?n <lc1!1an<I. Hank.~ _corn >!ntr! ill or not or certificatr a
lnoney · ci,tnn_ot issue pot notes nor .in) ,b1 di tribution of ·a\lll!\'S
lle11arin1 • avmgs deposit.ors prPfci:re1\ lJuall\" Ii· ble equally and
l'atani . nt funds. Stockholder me ' mouiit of the par , alue of
rs of prop rt,· and
tO<•k ~ an,1 not one for anoth r to th a .
prella-y 1n'e~~t: the henoflt, of deposiwr. · . Atl~~t,~,1!"~ed in olvency
or money after actual or con
i~;:
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
1
ea
to
1877
vent legal application of a.set· null and Yoid; total liabilities or any
borrower shall not exceed one-tenth part of tho whole capital and
surplu', may be incre ed to one-fifth by two-third' vote of directors;
not to i sue certificates of deposit for borrow d mon y nor make
partial payments on such certillcates: not liable to depositor;; for payment of a forged or raised check unles · notified within three months
after return of voucher.
All shares of bank stock shall be a. se:sed against their owners m
the township, village, or city, where the hank is located, taxes not
paid by stockholders, bank's duty to pay.
Trust depo.-it and security companies may be incorporated under
even or more
the general laws of the State applicable thereto.
peri;on. may associate to establish--capital graded from 100,000 to
$5,000,000 accoriling to population of cities where conducted; deposit
with the . t.ate treasurer 50 per cent of the capital stock in bonds
or real estate mortgage worth double the amount secured; powers
such as are customary for trust companies. They cannot do any
.
banking business.
Collaterals. Stocks, bonds or other personal property pledged
as collater I security for payment of money or the performance of
any obligation, upon default may be sold at public (or private ·ale
if so authorized by the contract) to satisfy the debt: but before public
sale. t u daY' notice must be giYen and served on pledger or legal
representative personally or b;\' mail; such sale must be between
nine o'clock forenoon and sunset, at a public place in the township,
city, or , 1llage wh re held.
Conditional 'ales. Are Yalid between the parties: if consii;rnee
or purchaser, on condition title i · retained by seller, i · authorized by
the contract io sell. all such sales are Yalid. The consignee or purchaser cannot make , alid sales again t th<' legal owner without the
authority of consif!,"11or or legal owner. (See Liens.) (See Frauds.)
Con,evanees. A11y person or f'nll age or otherwise capable may
convoy· by deed any interest in lands, w11ether in actual possession
or not. All grants and devises of lands to two or more persons create
estates in C'ommon; no joint tenancy, tmless expressly so declared,
exC'ept such as are made in trust or to exeC'uiors, and except such as
are made to husband and wife, who take as "tenants by entirety."
The word,: "conveys and warrants" in tho deed describimr the premise.'
and specifyinµ; the consideration, dat~d. ~uly sig!1cd and acknowledged
by grantor are sufficient to convey title m feo c·unple _and ~o W!)-rrant.
that grantor and his heirs and personal representatives 1. ~ized of
tbe premi o:, has good right ~o convey ame, guarant.ees. (llllet J?Osses.siou thereof, and that he will warrant and d_efen<!, tb~ title a~arnst
all lawful clai1ns. Th<' words "conveys an qmt claims duly signed,
sealed and acknowledged by grantor are sufficient tu convey gran~or':
intere. t. The words "mortgages and wa1·rants" and duly described
premises, specifyini.t "to secure the payment" and recitin~ the sum
for ,\hich mortgage is given and the notes and other evidences of
debt secured tberehy, mortgage being elated, signed, sealed and
acknowledged hy grantor, is sufficient aull warrants perfect, title in
the granior and against all previous incumbrance:; omitting the
word ·• ,•.arrants" sufficient, but without any warranty. Dower and
homestead rights not waiYed unless wife joins in the mortgage. ... -o
home. tead right will avail against tho mortgagee if there is no wife,
nor if wife joins in the mortgage. Mal.Tied women of full age joining
with bu ·bands in any deed, mortgage. power of attorney or other
writing, shall be bound in respect to their own title.
Corporations. Bank . mining, mauuf cturing, insurance-fire,
marine. accident, hurislary-printing and puhlishing, manufacturin~
and mercantile, or a union of the two, partnership a;sociations, real
estate associations, real e:tate, railroads, street railways. co-operativ
benefit assoeiations, co-operative savings associations, and religiou.
societies are re. pect,iYely or.e:anized under St.ate general laws; required
to tile with the secretary of state. articles of association.
Three or more persons may or~anize.
Busine:ss Corporations,
One half of capital must be actual)~, . ubscribcd and at, least, 10 per
C'ent either in money or property must be paid in; if in property samo
must he for the purpose of the bu;;ine.· .. and de.~cribed and its valu
spccitle<I in the articles. Stockholder vote in person or by pro.·y.
Rach share has as many Yotes for directors as directory numbers.
and the aggregate \·ote may be distributed for one or more of directors. May i.-sue preferred and common stock of the par value of
, 10 or .~100. Preferred entitl d to di ·idcnd not to exceed 8 per cont
quarterly, semi-aunually or annually and if not paid be accumulated,
and paid. before any dividend paid on the common. Articles of
a ·socialiun lo be recorded in the county clerk's office of county wberu
operations <·arried on. and office of the se<'r tary of state. ::\'Ia:i,· hold
real estate for the purpose of the col'poration and such as acquir '<i
as security or in payment uf debt:, mana~ed by not less than_ three
directors chosen hy the stockholders annually hold office until successors are chosen; make duplicate r ports in January or February
annually for the fiscal year last ending, of the financial condition and
property of the corporation to soC'rC'tary of state: sto~khol<lers ?-r
liable for labor debts; they make all hy-laws for corporation. Foreign
corporations organizer! under the lawi-. of any other state of the United
States or of any foruie:n country, unla'I\ ful to carry on busines.- in
this stat c until cert iflcat e of authority J)l'Ocurcd from secretary of
State; n t cay,able of making valicl contracts in thi: state until authorized to C'arry on busine. ·; unlawful for any person to act a. agent of
ales of goods or merr-handise by
until authorized to do business.
the right of inter-state commerce not affe<'ted by state laws.
Courts. Tenns of Jurisdiction. Circuit eourt.-.;, holding two
or more terms anuuaUy in each county_ have original jurisdiction in
ail cases of la,\ aml equity wberPin tho amount in controversy i · 100
and upwa1·tls: and haYc appell:._ltc j~1risdi_ction from ju.~tice of t~
Tl<'aC'e prol,ate courts, and other mfer1or tr1hunals. Justice courts m
each comity ha, e jurisdiction of cases at. law hn oh·ing from ~ 100 to:500. In c'irand Rapids is a "Superior Court·· for civil cases, limited
to parties resident of the city. Probate courts in each cou,nty ha\e
jurisclktion of estatP. of deceased per:,;ons and testamentary trust.·
,'uprcme court has final appollate jnrisdict ion from C'ircuit, munciipal and recorders' courts.
UaYs of Gr:1<.·o. Abolished.
ne~ositions. •restimony of any wilnc·: "ithout the 'tate ol
more than flft:v miles from th• court, ma)' b taken d l>enc esse,
heforc anv jwlie of an. :tate or of tlw nited Rtates, or of any foreign
hefor<' any 1•ircuit court comn1is,.;ioner in this or anJ· other
1·ount1T
state 01: of the United tates. or any comrni.-.'ioner of thb Stat , any
C'On.·ul or consular ollicer, jtL'>tice of the peace oflicer, or notary puhlic
authorizC'd to admini t 'r oaths in the state or county where t.a.ken
an<! not inten•sted as attorney or c·ounsel or in the C'\:ent of the <'ause,
1·easonable 10tice l(iven in writing b~· part,~, or his att.or1wy proposinv;
to take to opposite party or bis attorney of record, stating name.,; of
witncss('s. time and place of taking and oflicial before whom to ht•
ak\'n. Commi. sions to take depositions of any witnesses may b
is. ued by circuit cow·t wherein the suit is pending or by the juclgo or
re:rist.er thereof, or hy a justic<' of tlie peaee in a . uit before him on
written inlPrrogatiycs. Fees for takir g, ccrtifyrno-, scaling and for" ardina: . 2; for <'ac·h 100 \\ords in cl<'position ten cents and c·opie
thr • cents. gach party pays for hi.- own examination or cro. s
cxaminat ion in the fir:,;t instanre.
cal estate aud per, onal prop rty of int state after
ne cent.
paynwnt of debt.- and administration exµense · and allowance , a
follo"s:
or
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
1878
BANKING AND COMMERCIAL LAWS-MICHIGAN
. Heal. Property. One-t.11ird to widow, remaining two-third: to his
same as if unmarried. ~ ·eith r liable for th debt.· of the other before
issue; if no widow the '\ hole to his issue to share equally if of same
marriagfl, nor earning- or property of either nor the income thereof.
~egree of kindred t~ iutestate, otherwise by repr ·entation; if no
nor shall either he liable to make compen ·ation for labor or se1·, ice·
issue, husband or 1dow to the father and mother in equal ·hare·,
rendered for the other. Hu ·hand i · liable after marriage for family
if only one living to the st1n ivor alone. If surviving husband or
expenses, and for debt incurrert by he \\ife ,·itb hi express or
widow and no issue, one-hnlf to such survivor, remainder to father
implied authorit~•. .Either may constitute the other an attorney in
a??d mother or their survivor. If no issue or parents, htLsbands or
fact to dispo e of property. Expen ·es of family and children's eduwidow, equally to brothers and sisters and the children of deceased
cation are not chargeable upon the property of the wife but are
brothers and sisters: if none such relatives, to next of his kin in equal
chargeable against the husband and he ma.r be sued therefor.
degree through nearest ancestor; if any unmarried child dies under
Interest. Legal rate 5 per cent but by \Titten agreement may be
age, his or her inheritance from any parent, to other surviving children
charged
not to exceed 7 per cent. Forfeiture of all interest is penalty
of same parent and their i. ·ne by representation. If hu band or wife
for
usury. "'hen any installment of interest upon any note, bond,
survive and no issue, parents, brothers or sisters, or their children to
mortgage
or other written contract shall become due and remains
husband or wife, and if D'l foregoing relatives whomsoever e ·tate
unpaid, intere-;t i · allowed on uch installment from the time it became
escheats to State. Illegitunates heir to mother:· dying intestate
due at same rate specified in the obligation or
the legal rate. Legal
estate descends to mother or her relatives if she be dead: become
rate collectable on all moneys due on any ,vr1 en obligations and on
legitimate by parents, intermarriage or father's written acknowlall
mc;meys
due
on
all
contract~
expre.
or
implied,
whether verbal
ment. The foregoing provisions for the widow are in Ii u of dower
or written; and on settlement of accounts from day of ascertaining
and homestead right unless one year after administration granted
~alance
due;
and
on
judgments
from
day
of
entry;
and
on verdict of
she applies for assignment of dower and homestead in which case
Jury from date to date of entry of judgment· thereon. In computing
her interest in deceased husband's lands is limited to the dower and
time of interest and discount on negotiable paper. a month means
homestead right and the residue shall descend as above provided for
a calendar month and a year a calendar year of twelve momhs.
that portion not taken by her.
Judgments of courts of record are not liens on real e ·tate or
Personal Estate. Re ·idue - one-third to widow, two-thirds to
personal
property until by levy thereon of execution issued from the
children or issue by repre·entation: one child; one half to child and
courts upon ·uch judgments. Liens under execution leYied upon
one-1:Ialf to widow; no widow.or child, to all lineal descendants equally
real estate exist five years from and after tho !<'VY. Judgments expire
If widow and no children or issue, to widow, not exceeding a,000;
by limitation in ten years from date of entering in courts of record
estate excess of that, one-half exce: o widow, other half to surviving
and six year,; in justice couru, and cannot be renewed e ·cept by action
parents, and if none such to brothers or sisters: and none such, all
at law thereon before e.-piration. Judgments of the justice of the
such excess to widow. J\'.larried women intestate. one-third to huspeace m_ay p entered In the circuit court.. on ranscript dub· taken
band, two-thirds to her children or their issue by representaLion,
to the c1rcu1t court and thereupon become Judgments of such circuit
only one child or issue of deceased child; to husband and such child
courts.
equally; if no child or issue of dece~ ed child, one-half to hw,band
and other half to surviving parents, and if none. to brothers or sisters
Liens. Any person. who pur·uant to a contract with an,; owner,
or issue of them and if none, all to husband. In any other case same
part owner or lea:·ee of any land, furnishes li~hor or materials in the
as for real property. Estates by curtesy abolished.
construction of a building, etc .. on such land, shall have a lien 011 sucb
structure and land to the extent of one quarter ·ection or if in a citY
Dower. Wife entitled to use of one-third part of all land owned
or villaae. the lot or lots upon which ·urh trn ture i · situated. And
by her husband. as estate of inheritance any time during marriage.
any sub-contra<'tor, who furni. !Je. materiab or labor in carrying fore1 o dower as. agamst mortgages for purchase price, or mortgages made
ward or completing such contract shall have a lien upon uch building
before marriage, except in surplus. .c lust exercise option to take
and land to the extent of the interes of 'lll'h o n1er, etc. ,\.n~· person,
dower in lieu of rights under will or statute within one year after
artisan, 01 tradesman for labor and :kill applied upon any propertY
administration; residing in this State and eighteen years of age and
delivered for that purpo e shall hM·e a prior lien for amount due for
upwards may bar by joining in husband's conveyances and mortuch labor. Hotels, boardin~ houses and lodging hou:·es have a lien
gal!,'es or by deed alone to one who has husband's title, intent to bar
upon baggage and other valuables of ~nests, boarders or lodger for
being expressed; or by jdlnture secured as bar.
accommodations. Any person keeping and caring for dome.,tic aniExecution. May issue to any county at once, unless stayed after
mals intrusted to them for that purpo:-;e have a lien for proper <'harges.
judgment in circuit court, in justice courts, expiration of five days;
Limitation of Suits. .Tudgments of c urts of record and sealed
not liens on real estate or personal property until le\,Y by proper
instrument·
t n year:, justice court ju(lgmen · six years; aceounts
officer. Real estate is sold without appraisement to the highest
and notes and other simple contracts and f ,r tatdmi;, detaining or
bidder, except home tead, to determine exce · of value above Sl,500
injurin2;
good
and chat'tels, sbc year: from the clatf' the action accrued;
redemption claim. Defendant or bis heirs or assigns may redeem
revivor: part payment, or prombe in writing to pay. .\.l:>sences frolll
'Yfthin ~w~lve months, his judgment creditors and others having valid
the State deducted from the period of limitation. :\Iortgages fifteen
hens Wlthin fifteen months from date of sale. Execution against the
years a.fter due or after la, t payment thereon. For tre.-,passes on
body may be issued on all judgments in actions of tort. Per onal
lands, assault and battery, false imprisonment, slanderous words or
property levied on, after setting off exemptions, may be sold on sL~
libels
and mal-practice against phy. ician:, surgeon·, and ct ntists,
days' noti.ce at public sale, to highest bidder to a sufficient amount to
two years. I•'or misconduct of sheriff or their dcputie . three years,
satisfy the debt and costs; no redemption after such sales. Execuand
for
per. onal injuries three year:. For the recovery of real proJ)·
tions from justice courts do not run against real estate.
erty, five year where the claim ari. e. again.·t executors. guardian's
Exemptions. Homestead-selected by the owner and occupied
or sheriff's deed; five year· where the defendant claims and is in posby him; not exceeding forty acres of land and dwelling thereon: or one
se ·ion of lands under deed made by auditor general of thi-; State for
1qt with dwelling _ther:eon within any recorded town plat or city or
taxes; and by minor· and others und~r legal di.::abilities
years
village not exceeding m value $1,500. Same cannot be alienated or , after removal of such dirnbilities; in all other cases fifteenthree
years.
incumbered without, consent of wife or sold on any execution or any
Limited
Partner
hips.
.
iay
consi.
t
of
one
or
more
general
and
other final process from any court, unless appraised to e. ceed the
one or more special partners. Specials contribute specific amou1;1t
value of 1,500 and that amount i paid or realized on sale under
of capital in cash or property at ca:h value, and if actually paid in
such process. Exemption of homestead continues during its occupation by the widow or minor children of deceased person who when 1 not liable for firm'· debts in exce of n<'h special capital. General
partners tran~act the busine, · of the firm.
living occupied the same.
. tarried ·women. :\lay mako contracts in respect to their o1
Fraud. Criminal fraud--obtaimng the signature of any person,
property
and may hold and enjoy, and ha, the same rights an
firm, or corporation with intent to defraud. Fraudulently i uing or
remedle
regarding their property a. if unmarried. 1'hey maY carrY
selling or duplicating and dispo,ing of any stock, s::rlp, or evidence of
on
busines
in their own name. with their mn1 property by consen:
debt of any bank or other incorporated company of this tate: i ·sue
of their hu band. : cannot ent r into partner hip , ·ith husband ~
of any false receipts by warehousemen, merchants, or their agent·any
other
per
on and b come liable for the 0rn1 contracts. 7\Iarr1
receipt: or to wrongfully dispose of or convert property to their own
women's contracts to pay or to become llablo for debts of husbands~
use after is uin~ receipt; wrongfully removing or dispo.·lng of anv
other
per
·on
voidable,
may however charge their real estate or P8 r
personal property by any agent delivered upon written agreement o·r
sonal property to secure such indebtedno. by de l, mortgage oil'
instructions; wrongfully to di'pose of property covered by chattel
contract.
•
Tarriecl
women
are entitl ct t-0 haYe and to hold t 11e
mortgage by mortgagors or of property held by contract of purchase
earnings made by their own per ona.l effort, and may make anY con·
without legal title by uch purchaser or of property held under any
tracts relative thereto.
lease by le.sor. For any officer or .-tockholder of any bank or any
8
~fort1.;a~e on real e tate, executed and acknowled eel the "3lll t
other person for such bank; to ·ign, issue or knowingly put in circulaas deeds; ma'y be foreclosed under power of :ale by aclvertbeinenf
tion any note or bill of any such bank, before the capital ·tock is
or
in
circuit
court
in
chancery
of
the
county
wherein
the
prope~a
paid in, or before the pre -ident and director thereof have complied
is situated. Tru t deeds not in cust-0marv us but may he made 8
with the law; for any officer or agent of any bank knowing uch bani,
executed and will he treated as mortgag :-.·.
p,
to be insolvent or in contemplation of insolvency, or for any arsitmee
( hatt-01 mort age. and bllb of a.le: in ncted as . ec rity hY 1110
of the property of such bank to sell or dispose of any money or property
gagor,
·igned
and
delivered
to
the
mortga
e,
uffldent
between
•
of such bank with intent to defraud, delay or hinder creditor· thereof,
parties, but voill N to creditor·. ;uh, quent purcha.,er: and enc~d
or for any agent or person to fraudulently obtain or di po. e of any
brancer in good faith and without notk . uni · .-u h rnortµ:ages roce
money belonging to any insurance company organized in this ~tate.
bills of sale or true co )ie are flied in the city or township clerk's O -wn·
Frauds-Statute of.
ro executor or admini trator is liable on
where mol'tg-a!l;or reside , or if 11on-re :ident of 'tate, in city or t~r
any special promise to answer damages out of hi own estates.
ship wher the propc ty is ·ituated; and uni .- affidavit of mortg to
or of ome one for him having knowled re of the facts is anne~e~d
Fraud, Civil. Sale:. transfer-., and assignments of ·to<·k · of goods,
the mortgage or bill of . ale, howing con ·lderation is actua a,de
wares, merchandise. and fixtures in bulk, pertaining to conduct of any
adequate and in good faith. -without . u h aflldavit omcer:, ror_b rs,
business, otherwL·e than in ordinary cour ·e of trade of seller, etc.,
t-0 receh e and Ille such mor garre ; cea.; e to be valid against creclJp~ravoid a~ against creditor·, unle ··the .eller: et<'., five day before sale,
subse 1uent purcha! rs, and encumbrancer: in good faith, on ex 0 ~
make inventory of the goods and cost price to seller of each article
and unless the purcha: r demands from seller list of names and
tion or year from filing date. unle - renewed within thirty d~Ylerest,
preceding expiration by allidavit o!,)llor gagee . bowing his 11?kewlS8
addre. ses of creditors and hi indebtedne. "· and within five day
before taking PO"-'>e .. ·ion and payment notifies every creditor of such
etc., flied and annexed to the mortgage in aid clerk's office; 11
sale.
eac.h. uc ceding year while the mortgage exi t.-·.
n&l
• ·egotiable Instrument3.
promi ,ory note is an uncondlti~ 8 ti
. G_arnishment. Proces · may i · ·ue in any action brought in any
promi
e
in
writing
t-0
pay
a
·um
certain
in
money,
on
demaedndp,
~rsOll
Justice court or circuit court on contract expre · ·ed or implied, judga fixed and determinate future time, to th order of a specifi
ment or decree, to hold whatever property any person may own or
or to boarer.
have belonging to the debtor. Bills of exchange and prorui · ory
0 wel'
,\. bill of exchanrre i. an unconditional order of one person to a;er oll
notes due in the garnishee's hand at the time of serving . ummons
rcquirin" the drawe to pay to a c rtain p r on, or order, or_be uIJl of
~re garnisbable. Property, real, or personal, things in action, equitable
demand or ali a fix d or det nninate future time a certa:u~ s t}l&ti
mterests, held I,y fraudulent transfer from the debtor and any propmoney. Ma:r be payable in in'>tallmen and contain pronsions8 nge•
erty liable to execution or to the payment or the dobts of the debtor
on default the whole. um of money hall become due with_excb ,l\'f&>'
in the garnishee's hands may be recovered; wages of any householder
fixed or current rate, int r ;t and attorney' f e for collectlOf\t r ~
not more than 30 and le.-- then
for hi personal labor, and of any
authorize
ale or collateral and
nf . Ion or judgments
I
1'fUS'
other person for labor not more than 15 and not le than 4: and
"I pro mi.· to pay," all makers are jointly and everally Uabl!:• n rrotJl
benefits payable by fraternal beneficiary ocieties, hare~ in building
not b payable upon conting ncy.
annot waive e.xcmP ti 0e wbere
and loan association of any debtor, except as to one having a home1
e. e ·ution. .,_ ~e d not ·peci.ty "for value r eived" nor Pac
011er
stead exemption, are exempt from garnishment.
drawn or payable. If i sued, accep ed. or inclor~ed. whe~8 yeeS
Holidays. (Legal) January 1 ·t, February 12th, February 22d,
du I payable on demand. _ 1ay be payable to t o or more of c0n·
May 3~th, July 4th, first ::\Ionday in eptember, Thanksgiving Day
jointly or one or more of . evoral payee·. \Yam or failure partial
as specified by the Governor of tale, December 25th; e,·ery ... aturday
sideration, a defen_e again t one not a bolder in due cours00 of tb,!
from 12 o'clock noon to 12 o'clock midnight, all ·ational, tate
failure
a defen e pro-tant-0. One not a party, or the payebec<'JJljj
County, or City election days.
'
paper placing a hmature in blank on the pap r before deliverYper sb8r
Husband and Wife. If sued together she may def nd and if
an endorser. lndo r engac:
n due pre ntment the P3 . 0 dors8'
either neglect to defend the other may be ordered to defend for both.
be honored and that he will pa~· to hold r or any ·ub, equ_entd~" or~
If he deserts her she may be authorized by the probate court to pro. e,\bO may h comp lled to pay; wh r maturity fall. on ::;un u'of~11.
cute or defend.in his name. If either wrongfully retains the other's
a holiday, payment du on th no. bu in
d y; but,\ here a ,re nUV""
property, acqwred before or after marriage, the O'l'tner may sue for
day no a holiday ma.• if payable on d mand b 1ire~ented hcf(
Jie
Ofs
SOzn
cozn
atte
Sha!
tor
:g~
C0Ur
sani
8 crib
!uld
Prob
coun
dUiy
sanie
!>etiu
be al
orob
Other
ror e
BANKING AND COMMERCIAL LAWS-MINNESOTA
Fraud in procuring signatures and delivery defense against any
holder.
Presentment not necessary to charge anyone primarily liable. If
not payable on demand preseut on the day due; if on demand present
within a reasonable time after issue; bill of exchange payable on
demand present reasonable time after la.<;t negotiation.
Fraudulent or material alterations do not affect the original instruments in the bands of innocent holder in due course.
Unconditional promise in writing to accept a bill of exchange,
given before or after drawn, valid in favor of all who take it upon
faith thereof for value; holder may decline qualified acceptance ; if
he takes qualified acceptance, drawers and indorsers are discharged.
Protest of foreign bills of exchange may be made by a notary public
or any respectable resident of the place of payment in the presence of
two or more creditable ,ntnesses; drawee is not liable 1mless he accepts.
Check or a bill of exchange on a bank payable on demand, must be
Presented reasonable time after issue, and if dishonored notice must
be given or drawer is discharged to extent of loss caused: does not
!)Perate to assign any part of dl'awer's funds: bank is not liable unless
;t accepts or certifies. If holder has check certified drawers and
mdorsers are discharged.
The present negotiable instruments law of :Michigan took effect
~ept. 16, 1905, and repeals all acts or parts of acts inconsistent with
its provisions; but does not apply to instruments made prior thereto:
materially changes the law in this State and should receive special
examination in every doubtful case.
Power of Attorney. Almost every act that any person. firm or
corporation may perform, may be performed by an attorney i1;1 fact.
Conveyanc~s. mortgages. or leases for more than three years term
by attorney in fact, the power of attornev must be in writing signed,
sealed and acknowledged same as a deed ·or lands, to be admitted for
record or to proof thereof.
Probate Law. (See Administration of Estates.)
Protest. (See Negotiable Instruments.)
Reple in. Goode; or chattels wrongfully taken or detained may
bAe replevined by ov,11er or part ow11er or party entitled to possession.
.ffidavit of plaintifl' or agent neces!:>ary for issue of WTit. If from
circuit courts plaintiff required to give bond with sufficient so/eties
~h the officer within t, enty-four hours after seizu~e ~nd ~P"QraIBal of
. e property which must not be deli-vered to plailltiff w1thrn fortytight hours; and in the meantime if the de:endant shall give sufficient
ond to the officer he shall return the propert.y to the same per on
from whom he took it· in that case if plaintiff recovers he may recover
0 :n the defendant's bo'nd · if he fail'> defendant may recover on plain~ff's bond according as tbe judgment may warrant. I_n justice courts
Fnd with sufficient sureties must be given and filed m double value
0 the property before writ issues.
Taxes. State and county payable ever:v year after December 1st,
deiiv~red to county treasurer March 1st, thereafter, an<;i if delinquent
~ear interest J per cent per month. Returned to audJtor general of
tate, if not paid, and by him enforced by foreclosure in chancery in
every county, and the taxable property sold under decree of tbe
court hy county treasurer each parcel for the amount of taxes and
~harges against same; redeemable one year thereafter and does. not
e<:ome absolute until proceedings taken by purchaser for w;·1t of
ass_1stance, which must be instituted within five years ~Y ser\'lce of
Wr~tten notice upon owners six months before appl!eat 10_11 f~)l' ~uch
'Writ. If decree regular and property taxable, and due 110tice 1s g!ven
anq serve<.l, purchaser is entitled. upon due proof. thereof to ?Tit of
assistance and possession unless redeemed pendmg t,he notice oy
Payment of double the amount paid by purchaser and $3.00 for each
Parcel redeemed. City taxes are goYerned by ch_arter or by the
general act under which cities and village are orgaruzed.
f 'Wills. Codicils. Every person of full age (twenty-one years) and
0
sound mind may make· must be in writing, signed by testator ot· by
some person in his or her'presence duly authorized by him or ~er and
attested and subscribed in his or her presence by two or more w~tne.,:-;es
competent as such at he time. If one of the sub~cribiug witnesses
ihal! testify to the execution of the will in all particulars and testaor :''as of sound mind at the time will was made, tl~e <:<?urt may
tdm1t. the will, in case 110 person appears to conte~t it: 11 n?ne of
he Witnesses reside in the State at the time of provmg the will, th;e
~ 0 1.l.!-'t rnay admit the testimony of other. witnes. es to !?rove testators
a°:1t;v and execution and proof of t,he s1gna~ure of ~e,,tator and s~b8
cr1b1ng witnesses. Probate of will concl.usn e. of its due ex_ecut1on
and cannot be assailed collaterally. Foreign wills, duly aclm1~ted to
~~obate without the SL:i.te. may be admitted and recorded__m any
d Unty of the state in which testator left. real or personal e,,ta~e _by
Uly filing, an exemplified copy of said will and of the record adnnttmg
ba:ine to probate. A nuncupat,ive w:ill in which the value of t~e estate
bequeathed does not exceed $300, duly proved by two .witnesses, I!3-aY
0
all!)wed. Wills may be revoked by burning, teal'lng, canc~l_ling,
gihObhterating with intention of revoking same b. · testator. or bJ s9me
r er writing si"ncd att.e:-1t,ed and subscribed in the manner pl'ov1ded
or execution or"'wm~ but shali prevent revocation implied by law.
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
187g
SYNOPSIS OF
THE LAWS OF MINNESOTA
RELATING TO
BANKING AND COMMERCIAL USAGES
Prepared and Revised by MOORE, OPPENHEIMER & PETERSON
Attorneys at Law, St. Paul. (See Card in
Attorneys' List.)
Acknowled_l!ments may be certified by the following officers:
1. ·within the State by a resident judge, clerk or deputy clerk of
any co~rt of record therein, a notary public, justice of the peace,
town, city or villa"'e clerk, or recorder, court commissioner, re;;ister of'
deeds, or county auditor, or their deputies, county commissioner. or
member of the legislature. 2. Out of the State but in the United
States by a judge of the supreme, circuit. or district courts of the
United States, or of any court of record of any state, territory, or district, the clerk or a deputy clerk of any such court, a notary, a justice
of the peace, or any commissioner appointed by the governor of tWs
State for that purpose. 3. In foreign countries by a notary public,
or by any minister, charge d'afraires, commissioner, consul. commercial
agent or other consular or diplomatic officer of the United States~
appointed to reside in such country, and deputies or other representa~ives of such officers. The form of the certificate may be, '' On
this .......... day of ........... . , 19 .... , before me personally
appeared ............ to me known to be the person described in,
and who executed the foregoing instrument and acknowledged that
he executed the same as his free act. and deed." In case of corporation it may be, "On this .......... day of . ......... 19 .... , before me
appeared A. B. to me personally known, who being by me duly sworn
did say that he is the president (or other officer) of (name of corporation), that the seal aflb:ed to the foregoing instrument is the corporate
seal of said corporation and that said instrument was executed in
behalf of said corporation by authority of its board of directors, and
said A. B. acknowledged said instrument to be the free act and deed
of said corporation." If made outside the Staie the impression of the
official seal of the certifying officer must be affixed, or there must be
attached the certificate of the clerk of a court of record of the county
or district in which it is made under his seal that the signature of the
certifying officer is genuine.
Actions. The distinction between actions at law and suits in
equity is abolished. There is only one form of action. It is called
a civil action and must tie prosecuted in the name of the real party
in interest except that executors, administrators, trustee of an express
trust and persons expressly authorized by statute may sue without
joining the person for whose benefit the suit is brought.
Administration of Estates. Estates of decea.<;ed persons are
administered in probate courts of which there is one in each county
presided over by the probate judge of the county.
In granting letters of administration preference is given: 1. To
the surviving spouse or next of kin or such suitable person as thev
or either of them select. 2. If no application is made for thirty
days after death of intestate, to principal ci·editor or creditors or
some person interested, and if deceased was native of foreign country
to the consul or other representatiYe of that country reRiding in this
State, or to su~h competent and suita))le person as he may select.
Upon granting letters the court makes an order limiting the time
within which creditors may present their claims. This time must
not be Jess than six or more than twelve months; but may be extended
for good cause to a date not more than eighteen months after notice
given of the order. On proof by affidavit that there are no debts
the tim~ li~ted may ,be three months. Notice of the order is given
!>Y pubbcat10n thereof once each week for three weeks in a newspaper
m the c~unty. Claims not presented within time limited are barred.
Non-restdent executors and administrators may sue in this State.
Aliens. (See right to hold property.)
Arbitration. All controversies which can be the subject of a civil
action may be submitted to one or more arbitrators for decision.
except a claim to an estate in foe or for life in real estate.
Arrest. There is no arrest for debt.
As!ti~ents. Statutes relating to assignments for the benefit of
gfe~\fJ'~ are in force ex~ept as afrected by the U. s .. Bankruptcy Act'
Practically they may be said to be superseded by that act.
Attaeh nent. Before allowing a writ of attachment, the court
must require of the plaintiff a bond in the sum of at least $250, and
an affidavit of the plaintiff, his ag-ent or attorney. (1) That the debt
was fraudulently contracted or (2) the defendant is a foreign corporation or non-resident or (3) has departed from the State as he believes
with intent to defraud or delay his creditors, or to avoid (.be service of
a summons or keeps himself concealed therein with like intent or (4)
has assigned, secreLed, or dispo ed of his property with intent to delay
or defraud his creditors or is about to do so.
Banks. Three or more persons may incorporate as a bank. They
must first secure from the state securities commission a certificate of
authorization, which is granted or denied after a hearing and introduction of evidence. Capital required is $10,000 in towns of 1,000
or Jess 11opulat-ion; $15,000 in towns of 1,000 to 1.500; $20,000 in
towns of 1,500 to 2,000; and $2/5,000 in towns exceeding 2,000 population. Capital stock must be fully paid in cash before bank can do
business. Stockholders are individually liable for debts of bank in
an additional amount equal to the par Yalue of stock owned by them.
and this liability continues one year after any transfer of the stock.
At least one-fifth of t ne net profits must be placed in surplus fund
before any dividend iR paid until the surplns amounts to 20 per cent
of the capi1 al, and this surplus must he maintained unimpaired.
Evel'y bank mu'it make to the superintendent of banks not less tban
four reports each year which must he published. Liabilitie,; to a bank
of any person, corporation or firm, for money borrowed. including
therein llauilities of the se,·eral members thereof, shall at no time
exceed l 5 per cent of its capital and surplus. It must have a reserve
equal to one-fift.h of all its matured or deruandable liabilitie ·, one-half
or which must be cash, and the remainder may be balances due from
solvent hanks. In case of insolvency or violation of tbe banking la,vs,
the superintencl~nt of banks may take possession, and apply to the
court for a receiver.
Bills of Lading. The Unifonn Bills of Lading AcL became effective April 20, 1917 .
. In!tial Carrier re<;eivi.ng property for trnnsportation .between points
w1tbm tb<; State, liable for loss, damage or injury caused by it or
~~IJ~ carrier en route. and all contrary provisions in Bill of Lading
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
~----------~·---------·1880
BANKING AND COMMERCIAL LAWS-MINNESOTA
E, ory mortgage of personal property whlch
Chattel :\lortga,:e
in part by debtor not o. ceeding in value 400; library of profe.· ional
ls not accompanied b immediate delivery and followed by a<:tual and
man: presses. type, and tools of publisher of n w. paper, not exceeding
cont.inuecl change of po:-s~ · ·ion is void as to creditors and subsequent
2,000. and his stock in trade not exceeding ,.-lOO: watch, sewing
purchasers and mortgagees in good faith, unlcsc;; it is made in good
machine, typewriter, bicycle. :eed for u e of debtor for one season not
faith. attested by two witne. ses, acknowledged and !lied with the
exceeding certain amounts. library and apparatus of college or school;
register of deeds of the county in which the mortgagor resided at
money payable to \\ife or chlld from insurance on life of deceased husbau<i or father nor exceeding 10,000; money or relief from benefit
the time of its execution, is a resident of the State, or of that in which
association; money from insurance on exempt property; wages not
the property was then situated if a non-resident. If the mortgagor
resides in St. Paul, Minneapolis or Duluth or iS a non-resident, and
exceeding 35 for services rendered during preceding 30 days; but all
the property is situated there, the mortgage must be flied with the
wages paid and earned within said thirty da.y period shall be concity clerk of such city instead of t,he register of deeds of the county.
sidered a part of (or all) of said exemption (Uhap. 202, Laws 1915.)
Duplicates or copies certified by any officer wHh whom the mortgage
lloli<lays. January 1st, February 12th and 22d. Good Friday,
has been properly flied. may be flied in other places wherein any part of
:-.ray 30th, July 4th. first ).londay in eptemher, Tuesday after first
the property was situated when the same was made. As against
in ~ ?ovember each even-numbered year {election day), and
::',Ionday
creditors of the mortgagor and subsequent purchasers aud mortgagees
Decemhcr 2;'ith are leg:i.J holidays. Thanksg· ··ug day is so far that
in good faith the lien doc not, continue beyond the term of ix year
instruments or contra.ct · due that ay are payable ne. t
negotiable
not
from th date of filing tbe mort1m,ze unless the indebtedne.. s is
succeeding business day.
then due and payable b.v its term. , in which case it continues two :rears
after tho maturity of the cloht and no longer.
Interest. Six per cent i legal rate, but by special contra<:t any
Chattel mortgages given by a married man or woman on property
rate not exceeding 10 per cent may be exacted. Usurious contracts
exempt from execution must be executed by both husband and wife ' are Yoid.
if living.
Judgments may be entered by default iu dbtrict courts at expiraCon,·cyancec;;. Deeds and mortga.?:es of real e:tatc must he cxotion of twenty day· after service of sun1mons. When docketed in tho e
cuted in the presence of two s11h.·cribin:?; witnesses and to entit,le them
courts they become liens upon all real estate of the debtor in the county
to record must be acknowlo igocl hy the person e ecuting the same.
where docketed then owned by him or afterwards acquired, and the
Conveyances made out of the State, may be executed a.s aboYe, or
lien continues for ten years after t,he entry of the judgment. Tranaccording to the laws of the place of execution.
scripts of judgments in justice and municipal courts may be flied in
district court and there docketed, and then become lien on real e tate.
Corr>orations. :\fay be organized by any number of persons, not
lens. To pre erve a mechanics lien a verified statement must
less than three. for the purpose of engaging in any lawful bw·inoss.
he Oled by the lien claimant within ninety days after furnishing the
The amount of capital stock: shall in no case be Jes· than . 10,000,
item of labor or material in the ofllcc of the reµ;i.-tcr of deeds of
la.,;;t
The
100.
tllan
more
or
00
"l.
than
!es'>
not
of
shares
clh·ided into
the county in which the improved premises are situated, or if claimed
incorporators must sign and acknowledge a certificate :peeif)-ing: 1.
upon a line of railway or it.; appurtenan,· ,, with the . ecretary of state.
the name. general nature of business, and principal place of transacting
the . ame. 2. Period of it duration, if limited. 3 .• 'a.me and place:
ctions. On contrac · express or im1,liecl six
Limitation of
of residence of incorporators. 4. In what board management is
years: judgments ten years; to foreclose mortgages fifteen years; to
vested, date of annual meeting at which such board shall he elected,
year:. But no action shall be maintained
fifteen
estate,
real
recover
names and addresses of persoru composing board until first election.
on a judgment note, or other instrument authorizing Confe-.. ion of
."i. Amount of capital stock. how the same is t,o be paicl, number of , Judgment unless begun within one year aft.er ('a use of .Action a,·CTued;
share.· and par values of ea<'h, and if more than one clru,;,-;, a de:cripand no action shall be maintained upon any judgment of any court of
tion, and terms of issue and method of voting of each. fi. Highest
the U. S. ur of any State or Territory entered by Confession under a
amount of indebtedness to which corporation shall be subject. This
'arrant of attorney, unless the action upon .-uch judg-ment be hegun
certificate is filed with the secretarv of state and with the register
within one year after the rendition or entry thereof.
of deeds of the county in which tile principal place of busincs.- is
:\larrie(l fl'omen. Property acquired by" ife b fore or aft r marlocated and published in . uch county two successive da.y in a daily
riage remains her separate estate. It i:-. liahle for her debt · and torts
ncw:,;paper, or two successive weeks in a weekly.
to tho same e. tent as if ·he were unmarried, and she may make an:V
Every stockholder in any corporation. except those ore:anized for
contract which she could make if unmarried , except t.ha.t no conveythe purpose of carrying on a manufac·turing or mechanical business
ance or contract for ·ale of her horn >stead or any interest therein ls
is liable to creditors of the corporation in an amount equal to the par
1
1
0
value of the stock owned by him.
~~db~!~i1cj~~~., ~bl~ fo;'~g,. · ·aric.-; furnished to and
vall~t~
Foreign Corporations. Every foreign corporation ora:anizcd for
u:·ed hy tho family.
pecuniary profit before it can tran. ac>t or continue busines. in this
State, acquire. bold or dL,;;po. e of 11roperty or bring suit hero must
appoint an agent residing in the . tate, authorized to ac•cppt .·en·ice
of p1·ocess, and must file with the secretary of state an authenUcated
copy of such appointment and of ib; charter and a Yerilled statement
·
showing the proportion of its capital stock repre:entetl by its property
and businc.. s in this State. and upon that it must. pay a foe. This act
does not apply to exclusively manufacturing corporations, traveling
salesmen soliciting business for non-resident corporations, nor to those
engaged only in the busines. of loaning money or investing in :e ·urities,
nor to those organized to raise and improve live st,ock. cultivate farms,
can fruits or vegetables, nor to those whose sole busine is tran:portation of freight or passengers by water.
,;.,;.
Courts. District court bold one or more terms a Y<', r in each
organizeci rounty, have original jurisdiction in all ci\•il a<·tions at Jaw
and in equity. and in all criminal cases where tbe punishment exceeds
three months' imprisonment or a fine of more than 100.
1'he supreme court has appellate jurisdiction in all ea· s, hut there
i.' no trial by jury i11 that court. It ha.-; original jurc dktion in such
remedial cases as arc prescribed hy law.
Probate rourts have exclusive jurisdiction of mal tors connect· d
with the settlement of estates of deceased persons, minors, and insane
persons. Terms are held on the ftrst J\:londay of each month in each
organized county.
l\Iunicipal courts exist in certain cities, and are courts of rcl'ord with
limited jurisdiction in civil and criminal actions.
Justices of the peace have no jurisdiction in ch11 actions whore tho
amount involved exceeds 100.
UaJ·s of Grace arc aboli. heel.
Depo. ition,; may be taken at any place within or without the
State upon notiC'e in wri in!!, tating the reason for taking the same,
the t,ime and place, and giving the opposite party one day for proparation, anrl one dav for everv 100 miles, exclusive of Sunday.· and
the day of service, hefore an~; officer authorized to administer oaths.
Descent a.nd Ui. tribution or Property. Homestead descends
to surviving spouse for life, remainder to children and l uo of decea eel
children. If no children or b,ue or deceased child, then to surviving
spouse in feo, exempt from debts not a valid charge thereon at time of
fter payment of debts and certain allowances to
intestate' death.
the surviving spouse out of the per onal propert,y, t.he re: idue of tl:o
estate -descends a,., follow. : I. One-third to the . urviving pouse,
balance in equal share;; to children and lawful i ue of deceased c-hild
by right of representation. 2. Ir no :urviving child or lawful ·.- uo
of deceased child the whole estate descends to surviving . pouse if
any. 3. If no Lsue or. ·urvhin" pouse, to father and moth r in e•1ual
. If no .mniving
shares, or if hut one survive, to ;·uch . urvivor.
issue. spouse, father or mother, in equal share to broth rs and ·istcr
and lawful ic;;:ue of <leceru ed brother or si tcr. 5. If no i.. ue, . pow c,
father, mother, brother. i tor, or living is.,;;ue of d ea: d brother
or sister, to noxt of kin, in equal degree, but tho:e who claim through
neare,~t ance ·tor preferred to those claiming through ance tor moro
remote. G. If no ·polL',0 or kindred, to the State.
Dower is abolish ~ct.
Employer. Liabllit)· A t. E!l'e ·t.ive since April 24, mm.
J<~xN•utlons issue from district courts any time within ten yea
after judgment and may run to any county whore judgment is docket d.
, : :,;.•,
are returnable in ·ixty day- and may he r01:ewed for ixty day· at a
time on roucst of judgment creditor or his attornPy. l'e1.'onal propert.y is sold on t n day ' po ted notice: real e tate on L w k • published notice, a.nd subjec to redempt.ion by judgment d btor ot' hi
as Igus within one year from date of .·alP..
Exem1>tton,. Home t ad outside of incorporated municipality
may include eighty ac-r s. If in in orporated place containing le·
than 5,000 inhabitant·, it area ·hall not e:ceed one-half aero, and in
larger incorporated plae , ono-thir<l of an acre without regard to value.
Family pictures, library, mu ical in truments for u e of family, wearing apparel, beds, tovc , c-ooki~ uten ·ils w·od hy family, other household furniture not exceeding ;;oo in value, threo cow , ten ine, one
ff.\:
Yoke of oxen, and a hors , or in lil'u thereof. a span of hors · or mules,
tiwenty sheep, the wool therefrom raw or manufa tured, food for
such stock for one year' - upply, one wagon, cart or dray, one leigb,
plows. one drag, and other farming uten ·ii not exceeding 300 ln
,. ue, provt ions for debtor' family for one year' ·uppc,rt,, tool kept
•Or P\11'P088 of carrying on trade, and stock manufat>tured in who! or
~~i~b~~~
if
:a
h
. ...
••:.,
I ~ I
I
....
twf
,.·,)
I
'11
I
'
'I
I
I
Ill
I
.
'
BANKING AND COMMERCIAL LAWS-MISSISSIPPI
SYNOPSIS OF
THE LAWS OF MISSISSIPPI
HBLATL"G TO
1881
he conceals aucl unjustly refuses to apply t,o (,he payment of hJs debt.::;
or who has converted or is about to eonvert, hb property into money:
or evidence of debt, with the intent to place it be~·ond the reach of
creditors: or who has fraudulently contracted the debt or incurred
the obligation for which suit has been or i about to he brought, may
be attached. In addition to tbose named above, the following grounds
exist: "9 . That the defendant, is buying, ·elling, or dealing in, or
has within six months next, before the suing ont of the attachment.
directly or indirectly, bought, sold, or dealt in future contracts, commonly called 'futures.' 10. That be is in defaulL for public money,
due from him as a principal, to the State, 01· some county, city, town, or
village therpof. 11. That defendant, is a banker, hanking comany,
or corporation, and received deposits of money, knowing at lhe time
that he or it wa · insoh nt, or bas ma.de or published a false or fraudulent statement as to his or its financial condit.ion." Attachments for
debts not due allowed for last six grounds- or when the creditor has
just ci.use t,o helicve that the debtor will remove himself or his effect·
out of State before debt, will be due, wit,h intent to defraud. Nonresident creditors haYe the same rights of attac:hment as resident
creditors, hcther the debtor be resident or non-resident. Plaintiff
must furnish hond douhlP- the deht and make affidavit as to 0110 or more
grounds. , uit does not abat.e on, erdict, for defendant, on a plea denying grounds: but judgment, on the debt, to be offset by damag-es in
favor of defendant for wrongfully suing out attad1ment. Any creditors may intervene and contest ground of attachment.
Attach1nent in Chanct•ry on bill against the property, or debts
of an absent, non-resident, or ahscondini:i: debtor. A lien is acquired
by the suit,. Jf a writ, for the seizure of goods is obtained, bond i
required. Available to non-residents.
Banks. Required capital stocks as follows: In cities, villages,
and communities with population 1,000 or less, $10,000; population
1,000 and not more than 2,500, lfi,000; population 2,,300 and not
more than u,1)00, 25,000; population from Ci,000 to 10,000, $:3,,,ooo·
10.000 or more. $:30,000. This docs not apply to existing hanks of
(191'1). There shall he a board of bank examiners of three men to
be elected, duties to enforce banking_laws and examine banks periodically. I>epo<;its guaranteed: depositors n~mcs not to be din1lged:
Banks penalized for failure to comply with orders of examiners·
Banks must have at least three directors: unlawful for any banks
recei\·c. clepo.·its for six months in excess of ten _times its paid up
capital aud ·urplus; Hanks officers must not. contnbute to campaign
fund of candidates.
All, except naLional banks. are requirec_l t_o make a report, not less
than four times each year, to the conm11ss1011er. And the cornmi sioner shall maim requisition on all banks for these reports to be
made as of dates prior to the date of tbc requisition. and such date
to be known only to himself. Such reports shall he veril1ed and shall
he published in full in a newspaper of the town or city where the
bank is lo<'ated. Resources and liabilities shall be stated in such
reports. Banks. collecting drafts with bill of lading attached mu t
hold funds at least ninety-six hours. Banks must give notice to
administrator or execut-or of deceased persons of deposits of money
and papers held for the decea.sed. Directors of every bank to hold
at lea.st three regular meetings each year and keep a complete record
of all proce dings. Every bank with paid up capital of as much
as $100.000 may do bu iness a.<; trm;~ company: may_ act as a guardian,
receiver, etc.: may execute bonds m legal proreedmgs and generally
perform the duties of a trust company: mo.y establish a special mutual
loan department in such department interest on loans not to exceed
8 per cent per an~um. ~auk not permitted to allow t-he use of
it~ name by others m making loans.
Banks are authorized to charge exchange of not exceeding onetenth of one per cent on "cash items " and nover less than ten cents,
and shall charge exchange on checks and drafts payablt'l to nonresidents, except the United States. Ca.-;h items shall not be protested for non-payment of exchangn, but. payment may be refused
unless exchange i.· paid.
Chattel Mortgages and Deeds of Trust may be executed and
recorded as other mortgages. Forec:losure is usually by trust,ee's sale.
If property be remo ed to another county, mortgage must be there
recorded within twelve mont-hs to affect purcha.s;ers without notice.
Mortgages on property to be acquired are valid, but not on a changing
stock of goods if the mortgagor remain iu possession and continue
busines.s. Heservation of title by the .·cller of a chattel to secure
purchase money is valid without record, even against purchasers
"ithout, notice, except as to chat.tels u.s;ed or acquired in t-he business
of a ''trader.·· llauks, prot'es.-;ioual men and manufacturers, are not
traders .
Collaterals. General law prevail<;.
Contra,·ts for sale of land, or for lease fo.r more than one year.
to be in writing. Same in regard to sale of chat.tels of the value of
more than $fl0, unless delivery in whole or in part is made. or payment, in whole or part is made. DPaling in futures is forbidden and
a ground for attachment. Gambling contracts and ordinary contracts made on Sunday void. Contracts by foreign corporations
who hav not complied with registration of charter law are void.
Con ·ances. May vest title presently or in future. All estates
in land greater than for one year must be by deed. and to affect purcha.-;crs without notice must be recorded. Corporations must file all
deeds to them in sixty days. Estates tail prohibited, except that a
deed or devise may be made to a succession of living donees not
exceeding two and to the heirs of the body of the remainderman, or,
in default thereof, to the right heirs of the donor in fee. Corporations
convey under seal. In all other ca.'les private seals abolished. Oonveyan·ces or devises to two or more. or to husband and wife, creat,e
tenancy in common. Rule in Shelly's case abolished. Remainder
good without particular estate. The words "grant, bargain, and
sell" operate as a covenant that grantor is seized of some estate or
inheritance. Words "convoy and warrant" operate as a general
covenant of warranty. Tho words "convey and warrant specially"
operate as a warranty only against the grantor or those claiming
under him. A quitclaim deed has practically the same effect. Husband and wife. if living together must join In conveyance or incumbrance of homestead of either, or it will be void as to au under $3,000.
Corporation . Corporations except for the construction and
operation of a railroad _other than street railroad~. and the carrying
on of au insurance busmess. oth~r than mutual msurance, may be
created under a general charter.
Applicat.ion for c·barter signed by each of the incorporators and
acknowledged. Jt, must than be publish<'d three consecutive weeks
in a newspaper published at the domicile of tho proposed corporation .
The application. with proof of publication. mnst be forwurded to the
•ecretary or state together with the fee for recording, and he must
refer the same to the attorney general for his opinion as to the constitutionality and legality of the proposed corporation, after which
it is referred to the governor for his approval or disapproval. The
governor then returns it to t-he secretary of state with his act.ion
endorsed thereon. If he approve it, the secretary of state shall record
it 111 his office and certify to the same and transmit it to the applicants.
It mu...;t be recorded in the oflice of tho clerk of the chancery court of
the county in which the corporation shall c.lo bu.">ine~ '. Within thirty
days after the organization, the corporation must make report of
the organization to the secretary of state. If such r 'port be not made
the charter granted shall be void, and all p 'r. ons doing busiue
thereon shall be deemed partne1·: in the businc · ·, and liable as such.
tl>
BANKING AND COMMERCIAL USAGES
Prepared and H.e,iscd by HAMDERS & TRB:rnour.
Attorneys at Law, Jackson.
( ee ard in Attorneys' Li rt. )
Accounts. sworn to entitles plaintif!' to judgment, unleS;<; d_efendant files atndavit denying. The affidant must be by the creditor \lr
his agent.. All accounts must be itemized.
Acknowledgments hefore any judge, clerk ~f a court of record
'Under his seal, justice of the peace, _not~ry yubhc, or ,member ?f _the
board of supervisors before any pohcc Jush ·e. or maJor of an~ city,
town, or village.' Acknowledgments in another s~at~ m~y ~e before
any of the judge. of the supreme court. or any _d1stnct J!-1-d,..e ?f the
United .'tates, or a judge of the supreme or rupen?r. court m an) tate
or territory, any justice of the peace. whose ollic1al c~1ar3:cter sha~l
be certified to under the s al of some court of recor~ m his co1:mt:v.
or by any commissioner re.·iding in such tate or territory._ appo1fi e~
by the governor of Mississippi, or a notary public or a clerk of a cow~
or recoi·d having a seal of olllce. Ack!]OWledg~nents or proof_ o
deeds to property in t-his State by persons rn a foreign c~untry
~e
lllade before any court of record, or the mayor or chief m~1s ra e
or any city bortmgh or corporation where the grantor or witnesses
reside, or may b , or' before any commissioner app<;>inted b3: the gov:
ernor of this State, or before any ambassador, fonegnT~nlS~;fl~[e
retary of lea-ation or consul of the United States. .
e_ ce
·
shall show that this artv or party and witne were 1dent1!}ed before
oftlcer, and tl~aP the part_y ackn_od~~gp:~"~:de 1~;~1i~t\~Ytnoisst~~
__,ttrument, or that the execution ·twast te that party "acknowledged
"' nesses. Acknowledgment mus s a
that he signed and delivered" instrument.
.
Actions.
11 distinction as to forms aboli. he~. • erv1ce fh:e days
::rore return day. All action triable in th,e ·1rcudt cft\1[~:;c~\~~
~- Which the defendant has been personally serve. w to mechanics'
._ys before the return day. Mandamus, quo V1arran • fl
d s
Uens, attachments and repl6\'in triable at return term on 'e ay
notice.
·
.
Aclmtnlstratlon of E tates. Had in chancery co1;1rt. acco'.~u~g
to Will, if any. c Jahns against deceased I?USt b~ relP st ~':ed '\~\~~
Six tnonths after the first publication o~ notice to cred~tor • rrg
'd
tt.?n stops the general ·tatute of 1imitat10ns. -~ll _dehts.~i ti>n ~~l~~!~t
_;'fore heil-s, distributors, 01· legatee:s.
lann:s agai
states are paid pro rata.
Affidavit or Oath· before a judge of any court of ref 0 ~•e~1;[~~~
j ch court, master in chancery, member of th e b~r':l O •• Pf a cit
~tice of the peace, notary public, mayor, orffl•pohc!J~t
of tlie
lJ Wn or village: in another tat(: ])Y any o cer
·
nited States authorized to admmu,1:er oaths.
.
Alt
•
.
· ht - f resident aliens to acquire
l>rop ens. ,. _o restrict.1ons ~n the :i:dg
~·en
can not hold land. but
1
:in erty or dispose of 1t.
on-resi en a nd
chase at foreclosure
tbay take liens thereon to secure debts a
pur '. t ,
with
l>o~eof, and thereaf~~t· ho!d i! f~r nothlonge~
J:~~iing a
1
1litt er to sell to a c·1t1zcn m tee, ~r e ma~
n_ur
f~
gr
i"
}~f~1 :~;tl
zen. Hee tit!~ .. ~ 'orporat ions:. .
.
"·ithin ten days. From
c~.PeaI. from Justice C'ourt to ~ncuit co1;1i~rt \\ithin one year, hut
not1 It and chancery court. to s1:1prem~\wn ten dav after adjourn:tnenie }o stenographer urn.~ t~e give~ "~vid(•nc:e in record.
ppeals
~ 1
011ft, m order to mi:orpofr?' een isors and municipal courts.
n certain cases from board o sup
.
rbt
· t
rbltrat10n of one or more
clistnt t:-atton. l'art,ies may ·ubimt
t~at proper court shall enter
Juctin:!:lted arbitrators, with agreemen
:Arr
·
·vate person may arrest for
-<>ftens ests made by C(lrtain omcer .. or yr~rre t or impri omnent for
debt. e committed in hb presence. ,. o
A 1
·nsoh·ent law. An assign:tnen 8 lnlmentl'! and In olvency. • 0 1 ditors Debtor, though
fnsoit may be made for t,he b(;'nl;'tU of <f~th and no heneflt, direct
or lnct~t, may pr fer credit-ors. 1f !~. g~~~r ~he discharge or a debtor
on hi II ect., I resen·ed. ,. o prov 1 101
where the
1 assignments.
\?atu makrng an a.r ignmont:, In ge~eraive
bond and administer
the thextc.eeds . 1,000, the assignee rntup:o~ibited. Practically superOded ~ lll chan<'ery. Preferences no
Y bankrupt la VI.
•
a non-r !dent or who
1',ni~tacbment.
gainst a deb.tor who 1~ 0 ertY out of the tate:
\Vho
obr is about to removt: h~mlf~l~ ir c!nnot be ·erved with a
~ a sconds or conceals lnmse
. a nductin the busin~ of a
lhtp ons; or who incurred the debt .m co e of the nai.igable waters
Wtlit!~amt boat or other w-a.ter ci:aft
property, or <;>me part
ther
ate: or who assigns or d1 pos f his ropertY with mtent to
ohisris ah~ut to assign or dispo e irty
rights in action which
creditors; or who has prop
°(
f
:s
~etra~a
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
lie
~!!sS::fhi
oi
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
BANKING AND COMMERCIAL LAWS-MISSISSIPPI
1882
Corporations thu created po e s tho powers usual and incident
to private corporations genoralll•, but existence is restricted to fifty
yea1·s. C'orporations ('1•eated as ahovo named ma) hold r al property
ne<'es ary for t-heir purpose ·, not exceeding one million dollars, manufacturin~ <"ompanics and banks excepted, which may hold porperty
to the amount not exceeding two million dollars. Corporations may
own sueh personal propert as may be necessary to their busine · ·.
Under the laws passed by the Le"islature of 1V12 all corpornt,ions,
whether domestic or foreign, are not allowed to acquire title in fee,
or for a term of years, to, or own land for agriculturnl purposes, in
this State outside of an incol'porated city, town, or villa"'e. A corporation may be lessor or le· ·ee for not more than twenty years of
as much as 10,000 acres of land to be used for a~ricultural purposes,
but any such leMe or contract shall not be l'enewed or extended so
as to authorize the holdings of said lands for anothel' peri.ocl.
This law does not prevent corporations from taking deeds of trnst,
or mortgages on real estate to secure loans or debts, or from acquiring
title thereto upon foreclosure of such securities or from acquiring
title to land by deed for the collection of debts. and that all lands so
acquired may be used and operated after foreclosure for all a!!;ricultural purposes duri.ng the ime so held for not longer tlian twenty
years.
It is also the duty of every corpo,:ation that shall acquire intel'Cst
in or title to land in this 'tate to fllo the deed to same in the office
of the Chancery ~Jerk of the <"ounty in which such laud, or a part of
it. is located within sixty days after the date of the deed.
If any corporation or other perso11 shall have acquired any right,
title or interest in any land in violathm of this Act, they .·hall be dissolvecl by a suit brought hy the Attorney General of the State or hy
the District Attorney, if it j,., a domestic corporation, and if a nonresident corporation they shall not he permitted to do business in
this State, and the <'ourt shall thereafter appoint a receiver to take
charge of all propert~· in this :--ta.te belornting to such corporation or
so held in trust and to dispose of the same under order of the court,
and after paying all debt,; of the corporation and all costs and charges
incident to said suit, the remaining ·hall be paid and distributed to
the stockholders.
This Act does not affect tl;e right' of existing corporations in thi:
State, but is passed to prevent a monopoly in agricultural lands.
8toekbolders indiYidually liable for the debts the corporation contraded during his owner.·hip or stock for the balance that may remain
unpaid for stock subscribed for and may be sued by :my creditor.
Directors are liable for the wilful mismanagement or for allowing
capital \I ithdrawn while deht,., exist. Corporations unde1· the laws
of other s,atcs or of foreign <"ountries may sue in this ...·talc, and have
the .·amc ri.~hts in the ~tatP ns 11011-resktent incliYiduals. Tho legi.·lature ma~· repeal or amend charters grant dafter ... ·ovember 1, 1 !JO,
All foreign co1·lH'O\ ided rights of stockholders are not infringed.
porations doing busine.·s in thi · ·tate shall file a c rtiflod and duly
authenticated copy of it· charter or certiflcato with the secretary of
state. Charter must be eertified by the president and .·ecretary or
other chief executive under the corporate seal. Fees are to be paid
according to capitab,tock, Yiz.: 10,000 and under, 20. 00. Between
$10,000 and 30,000, JO. o J. Between ao,ooo and 50,000, 110. oo.
,vhcn over. ,)0,000, one-t-Onth of one per c:ent and not Lo c.·ceed 250.
Costs. ... ~on-resident or insolvent plaintiff required to gi\ e -;ecurity
though an insoh·ent may sue in forma pauperis.
Courts. Term.. and Juri:diction. Justices' courts meet, twice each
month; circuit and chancery courts in each county twi ·e a year;
supreme coul't twice a yea!' in October and l\larch. Jm,tices' courts
have jurisdiction up to 200. Circuit courts baYe general juri. thction
of all common law actions where the amount or value e.Teeds 200,
and jmi'-diction of appeals from justice.·' and mayors' courts, and
boards of supervisors. Chancery court:- have juri.·cliction of the
administration of estates of deceased persons, of mi.nor.·' husincs · and
other probate matters, ~nd of all matter.~ in equity, .Appeals may be
taken t.o the supreme court from any ilnal judgment of the circuit
court, and from the chancery com·t. except in suits for not more than
50 originating in the justice's <·ourt. Suits of equitable cognizance
improperly brought in the circuit court are transferred to chancery
court, and vice ver ·a. ~ ·o .,uit dLmL ed because being or an equitable
nature it is improperly brought iu the circuit court and e converso.
Creditor's Bills may be filed under general Laws to • ubjeet equitable a ets and in aid of execution at law. 8uch ults may, under the
statute, be flied to subjt•ct property of a debtor fraudulently conveyed
without a judgment and return of nulla bona; and this whether complainant's debt is due or not. 1 ·o bond i required unle ·a. equ ~tration is desired.
Curte
Deeds.
:r and Dower.
Both aboli:hed since 1
0.
E. t·rnptions. The follo ·ing per. oual pr pert~ i.: exempt from
seizure und r execution or attachment, to-wit.
The tools of a mechanic neces.·ary for carr)~ing- on hi-. trade.
The a •ricultural implements of a farmer necessary for two male
~~re~.
.
The implements of a laborer necessary in his usual employment.
The books of a student, required for tho completion of bis education.
The wearing apparel of every person.
The librarie,.; or all persons, including pictures, drnwi.ngs, and paintings, not exceedin~ five huncked dollars in value: also the instruments
of sw·geons and dentists, used in their profession, not exf'eeding two
hundred and fifty dollar in value.
The arms and accoutrements of each person of the militia of the
tate.
All globe· and map.· used by the teachers of sc ools, academies, and
colleges.
The following property or each head of a family, to be selected by
the debtor, is exempt.
'fwo work-bor ·e · or mules, and one yoke of oxen.
Two head of cows and calves.
Ten head of bogs.
Twenty bead of sheep and goats each.
All poultry.
All colts under three years old rahed in this "'tate by the debtor.
Two hundred and lifty bu. hels of corn.
Ten bushels of wheat or rice.
Five hundred pounds of pork, bacon, or othe1· meat.
One hundred bu. hels of cotton seed.
One wagon, and one bu~gy or cart, and one et of harness for each.
Five hundred bundles of fodder and one thousand pounds of bay.
Fortl· gallons of ·or~hnm or mola 'O.' or cane ·yrup.
One thousand talks of :mgar cane.
One molas,-,es mill and equipment·, not exceeding one hundred and
fifty dollars in value.
Two bridle. and one saddle, and one side saddle.
One sewing machine.
Hou,-eholfl and kitchen furniture not exceeding in value two huodred dollars.
All family portrait,.;.
One mo er aJ1d rake for cutting and i?atherin~ hay or grain.
And the following property shall be exempt from garnishment or
other legal proce..;s, to-,,it:
The ,,·ages of e, cry laborer or person workin"' for wages, heing t~e
head of a family, to the amount of fifty dollars per month, buL this
parairaph shall not apply to a debt for board and lodging or a judgment founded on a d bt for board and lodgin::.
The proce · ds of i11,-,urance on property, real and persona~. exempt
from execution or attachment, and the proceeds of the sale of ·uch
property.
Payatile to Executor. Life insu!'ancc policy not exceeding flve
thou. and dollar . payable to the e .. ecutor, or administrator, sha.l1
inure to the heirs ur legatees, freed from all liability for the debts of
the dee dent, except premium· paid on the policy by anyone other
than the in ·ured and debt · due for xp nses of last illucs. and f~r
burial; but if the life of tho deceased be in ured for the benefit of ws
heirs or legatees at the time of hi death otherwise; nnd they sba.11
collect the . ame, the um collected hall be deducted from the five
thousand dollars, and the excess of the latter only shall be exomptt.
Life insurance policy to amount not exceeding 10,000.00 goos 0
partie, named a beneficiaries froe from liability for debts of insured. d
Home.-tead in Country. Every citizen being a householder, l!-n
having a famil:r. hall be entitled to hold exempt the land and bmlding: owne l and oceupied a-. a re; idence, but the quantity shall I)Ot
exceed cm, hundred and sixty acr' , 1101· the value thereof, inclusive
of improvemen~, save a-; hereinaft r provided, the sum of three
thow and uollar ..
Home tcad in <'itie:;. E\ery dtizen b lug a householder, and
ing a family r . idi.ng in ruiy city, torn. or villirge, ·hall h ent1t 6
to hold, the land and ,uildlng owned and occupied as a re idenc_ed bJ
·uch person. not to exceed in value .. a, e a~ ereinaf er prov, e •
three thou. and dollars, and por.·onal propert)', to be elected bY
him, not- to exc ed in value t,wo hundred anti fifty dollar , or t,be
articles . pecified a xempt to the head of a family.
Hom tead e. emption may be in reased to 3,000 in val\te b}'.
fl.ling for record in chancer)· clerk's office n declaration claimuig a;;
perexempt certain property.
s
To property 1 , exempt a:· again .t pure.ha money or for labor
Ioney loaned aL rate
formed on it or material furnbltod therefor.
of iutere ·t not exeeecling 6 per cent i.s exempt from taxation.
!1f'ci
and sue and be ued as
I~oreii:m Corporation may do busln
orporations. . Fore.~
( ee
corporations doing busine s in the tate without reoordmg tbe
charters are subject to fine; and all contracts are null and void.
in case of d m stic corporations.
(."ee Couveyance.-.)
Dl'I)Ositions in civil ca-.; "· on wtitt6n or verbal interro atori ;
ten clays· notice to opposite party. If such party i · ab cnt and has
no aUorneJ·, fili11g hllerro~acorie: ten days suftlcieut. 'L he otncer
shall swear the itue..:.-; to te.,,tify the truth, and shall irupa.rtially
examine him on the interrogatories. 'rhe testimony . ·hall be fair!~·
written down by t.he omcer or\\ itncs., or b:r a di iutere ted p rson iu
the presence of and shall be ubscribecl by the \\ itne · . Deposition
then ce•·J.,iJletl, and tran~mitted by mail or other . af'e and < 011venient
manner to the court whPrc the same are to be used. Officer' certificate prima facie evidence of his character.
Descent and Distribution. E tate of inheritance, real and
personal descend. 1. To children and their de:cendan por stirpe.'<.
2. To brot.hers and si.·ters and father and mother in equal part· and
their descendants by repre nto.tion. 3. 'l'o the next of kin according
to the civil law. Except among broth r · and .·btcrs there i. no
re pro ·entatiou among collateral. . .Ad, ancements must be b1· ugbt
-o distinction b t ,; en children of the '"hole blood
into hotchpot.
and those of the half hlo d, except that children of tho '"hole blood are
preferred 1o tl10se of the half blood in equal degree. Wh r there i ·
no one to inherit prnperty e ·cheats. Illegitimate inh rit from the
,hildren of
mother and from lier oth •r children and her kindred.
illegitimates aud their de:ccndant · inherit from brother· o.nd .-i. t rs
of their father or mother and from grand parents. But children of
illegitimates do not inherit from any ance ·tor or collateral kindr cl if
there be legitimate beil'ti of uch ancestor or c llateral kindred, In the
same degree. Exempt property or husband or , ifo d cend · to .·urvi.vor and children as tenants in common.
Dower and Curtes:r have b en abolished since 1 0.
E,·idence. ln tbe main common law rule apply. Partie and
interesteri per ons competent; except against decedent. Affidavit to
open account entitles to judg-men , unless defendant deuJc· under
oath. Warehou.-e receipts and bill.· of lading conclusiv evict nc in
favor of a bona fide bolder that the property was received by the
issuer. (, 'ee also Account· and ffidavits,)
Executions in circuit court i sue within twenty days after the
adjournment of court unle:s other\\ise ordered by the plainWf. and
in justices courts after the lapse of ten days from judgment rendered,
unless recovering party makes affidavit that be i: in danger, by delay,
of losing his debt or demand, in which case execution i sue· forthwith.
o redemption of property old under execution or mortgage.
0
:Fraud and Fraudulent Con,·cyanl:e . (~ee ttachrnent-. UUIS
of Lading. Limitations. Creditor'· Bill.)
1d
ales of m rcho.ndi e otherwise than in usual course of busin '\j1as
sales of entire tock of good in gro. , pre umed"fraudulent at!d ~01torY
to creditors, unle; 5 da before sal , seller make com pie e 1m en nt
and the purcba r made demand of seller for name. a<.ldr ·. and ani~ubY
of claim of each creditor. and the purcha er notil..le<.l personalli ~dise
mail each of credit-0~ of propo ed sale and of co t price of mere 1~ bcld
and the price to be paid therefor. Purchaser viola.ting this ac 0 of
to be tn.1 t e for eller's er ditors to e ten of rea.-.;on_abl~ hal_llpaid
good and required to pay th m to hat amount, oven 1f he 35
, h there
seller in full.
ln case of de ruction of tock of merchandise by fire. on ,, hic banhe o\\ es for mere
i. in:·urance, bolder of policl t-0 notify credi
dise of hi lo and amount of irumran · • carri d, "!thin 5 claY-Bincls debts or
BANKING AND COMMERCIAL LAWS
lnsolvencY. ~ ·o g- neral insolvent laws, but in olvent c tates of
•
dece<lent.· are divided among crcrlitor pro rata.
In ca ·e of insolvenc~· partnership propert:i,• is applied fi~t to partne1·ship debts, and e convcrso.
Intcre-.t. Legal rato It 11cr cent per annum, and money loaned at
not i:xc eding that rate is ·em11t from an.• taxes, but parties may
contracL in writing for · per cent; when more Ls tipulatcd or collected
all interest, is forfeited. WhPn above 20 µer cent rnter 't and pl'incipal forfeited and payments forfeited.
Jud~1nents enrolled l,ecome liens on defendant'. property "ithin
the county. A junior jud~ment creditor may obtain pl'lority a· to
property levied on hy him, if, after ten day-' notice. the senior judgment cre<litor · fail to issue e ·ecutions. Li •n of judgment continues
seven years.
Jurisdiction. (~ee Courts.)
Liens. Lien of an enrolled judgment. of me<'hanics and material
men, of landlord and laborer on agricultural pre ducts, innkeeper's
and stablekeeper's lien. The seller of goods may enforce lien for the
price of the same, provided the goods are still in the hand,; of the
purchaser or one having notice. The procedure is by afllda, it, filed
at the commencement of the suit, stating that the purchase money is
unpaid. A writ of seizure i. · ·ues, and the goods are taken. • o
bond required of plaintiff unle. third pers0,1 claim the property.
Title to personal property may be re ·erved by the . ellcr as security
for the price, and thh is gooct even a against a ub:equent bona fido
purchaser, without auy 1H·iting 01· record, except wber, acquired or
used in the business of a trader.
Lin1itations. Open accounts, accounts ·t. ted. and verbal contracts, expres or implied, three years; all other eomracts, six years
awards of arbitnitors, six years; judgments and decrees rendered in
another !'.tate against, resident of this, three years; r ndered in thi ·,
seven years, real actions, ton vear . Actions to re<'nver property
sold under order of chancery cou"rt must he brought within two years,
whore possession is taken and purchase money paid in good faith.
When tl t) legal title to property m· right in action is in an exeP-utor,
guardian, or other tmstee, beneflcian', though lWder ~li:-ability, is
barred wlien trustee is barred. . ction again, t admuustrator or
executor on claim against per.·on <lec ,ased limited to four years from
dat.e of qualiflcat,ion of such adrninis'trator or exeC'utor. ,'tatute does
not apply to uits on not.e"' or e1·idence of debt of hanks or other
moneyed corporation.· cil"<'ulating a money. .An acknowle~gment or
'tature does not run durmg frau~ne" promise mu ·t be in writing.
Ulent concealment, nor against infant or person non ~ompo. ment1s,
nor ayainst a convict in actions for a sault, etc., until after release
nor against Stat.e, county, muni •ipalit;1:. or a.uy political nbdivision
of State, nor in favor of persons who rerno, e from he ·tate.
:\tarried "'onwn retain theil' estate, common law cii abilities of
cove1:turn abrogated; have capacity to make contraC't~ and do all
a.ct· m r forence to property. Dower and curte. )" al?oh. ·hed. Husband and wife must join in conveying or encumbermg llome:tead.
( ee also Husband and Wife and Des ent.)
i\Iort~a~es and Trust Deeds do not take effect as to credit_ors or
Purchaser. in good faith anci without notice until they are cleln-er~<i
to .the clerk for record: with power of ,ale are foreclo .ed by sale m
I>a1s; without power of. ale, by suit in chancery court. and after foreclosure there is no redm,1ption. (See hattel I\Iortgag ·. l
• 'otaries. Have power to administer oath , take a ·know! dgments
and to protesi; notes and bill-;. ( ·ee Conve,an s.
• ·otel> and Bills. rniform • ~egotiable In trument,, Law adopted
and now operative. (See Holidays.)
Partnershit>. Few ta.tutory provisions. Governed by general
law. In case of insolvency, partner,.,hip property .m~u t go to P~Y
Pro,·ision made for hm1ted or ,pec1al
flr111 <lebts, and e con1·erso.
Partnerships.
J:>owcrs of Attorney. :\lay he acknowl d •eel or proved and
rec-orcled as deeds. • lay be revoked in ~ik manner. < 0!1v •yance ·
Of land or other property under powers of attorney are Yalid.
Redemption. . 0 redemption frolll sales umler mortl!all: , ~xecu•
tion, or other judicial sale. 'fwo :vears allowed for redempt,1011 (?f
Ian.ct sold for ta.·es, saving to minoi·-. and per,-,on, non comp ment1s
a hke period after removal of di. abthty.
Rc11levin lies to recover personal property , rongfully "ithlield
from the owner. The property may be restored t:<> def ndant on _bo;11d.
Ir he decline• to bond. plaintiff may do so. ~f neither do , a cJ_aun,rn~
or the r>ropert ma~• gi the hond and r <'en e po . slon. D.unage
lllay be asse. sod for wrongful taking or dctcntwn.
Taxes. Personal property is assessed <,nee a year; real_ estate
every two years •rnd ta.·e constitute a prior lien. Land delmquent
Sold on ilrst io,;dav of April. Hedea1ption within t~o Y ar ·, on
Paynicnt of all taxc.S: costs, 2/'i per cont damage , a!1d .., P r cent on
a 1)1o~mt paid. Infants and per ·on: of unsound m1~1,l may redeem
Within two vears al'ter remo, al of disi bility, on pa~•m·~ the 'alue 0 .f
Permanent iinnrovcments put on tlle land af er two year .. from date
•
or :Sale.
"it_h general
Provision for such compani
'rrust Companies
towers to admini ·te~ all tru ts, make bonds and the llke. (See
anks.)
.
Warehou e Rcceii>ts. (. ee Bills of Lading.)
'\. Will-; exef'uted bY anyone twenty-one year old, of sound
to land, if noL wi101ly "ritten and subscrih cl by . ,tato.~j n:rtper~
.
)
s e st ed h.r t 11 o subscril>ini "it ne .·e. . \ nun upatn e \\1
°naJty) 1 iay he made durin"' la t :ickne: of testator a liabltat101?,
0
/ ,~·here testator has resided ten clays next befor, death, or '~ hei e
11
~\~-~:r~\<;~~~
hon_rn an\l dit>:-, l>efohre re t_1
.t-akon sicl,
.
·uneupatl\ e 11·11l. not io e e 1a u 1
b wo witnesses
b:quen.thect exccccls 100. S ldiers aud .'ailor. i!1 actu· I_ 0;(' 1
U1>i~cr1th per.·onalty_frcc from stat~t?'l r .ffle ~o~t· tha.toreligiou. or
cbarit · le power to dispose of pro,1ie1 t)p Y)'•1! n xmarle for renouncing
·Pro! tecl in comro'_~ ~
\Viii b a ))e t~·u:-ts or bequests :01d.
·h0 kill: another
e ·
1110 1Y un 1vm" husband or wife in certam
can •Jrm may be contest d within two year,-,. One
nnot take und r hi· will.
mmg.
~t;
b~~on Js
or
from
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
bf-· !
f:-ld~~~
MISSOURI
188,
SYNOPSIS OF
THE LAWS OF MISSOURI
RELATING TO
BANKING AND COMMERCIAL USAGES
Prepared and Revised by SAN'FORD B. LADD, EsQ., Attorney at Law
'
Kansas City. (See Card in Attorneys' List.)
Acknowledgment<;. Acknowled!!;rn<.'nt!'. of in. 1.ruments afT'cting
real estate may be before one of thP following courts or otriC'ers. 1.
'\Vithin this State, some P-ourt ha\·in' a seal, or some judge, just.ice or
clerk thereof, a notary puhlic, or some justice of the peace of the
count.y in whkh the real estate is situat.ecl. 2. Outside of this State
and wit,hin the United ~tatcs, any notary public, any court. having a
seal or the clerk of' uch court. or cc,mmi.·sioner of deeds. a. Yithout
the nited States, any court 11:wing a seal, tho mayor or chief oflker
of any city or town having an oflicial seal, auy minister, consul or
officer of the United States. or notary public haYing a s al. The
official ·lJould certify that "before me personally appeared . . . .
and ........ , his wife, to nrn known t,o he the persons described in
and who executed the t'ore.1;oing instrument and a<'lrnowledged. that
the~· executed the same as their free act and deed."
Actions. There is in this State but one form of civil action the
practice being under a code. A non-re id nt plaintiff mu. ·t file the
written undertaking of some resident for costs.
Admlui tration of Estates. The prohat.e court in each county
bas jurisdiction of the settlement of the estate-.; of deceased persons.
Claims presented to t.he court for allowance \\ ithin six months after
the grant of totters are preferred over those prei::ented later. Claims
not pre.·ont,od within one year from the granting of letters are barred.
Letters are granted: 1. 'l'o the husband or wife. 2. 'ro Lhose entitled
to distribution, or one or more of them. lf after the exviration of
thirty clays after death of deceased, such persons do not on five
days' notice. appear and.qualify. letters may bo granted to ;~ny other
on-residents cannot be ex C'utors or admini:-trator.· nor
person.
may non-residem executors or admini trators maintain an acti~n in
this State.
Aliens. Aliens or alien corporations may not acquire, hold ot· own
real e ·tate except such as may be acquired by inheritance or in the
orcliuary course of justice .in the collection of debts. Heal estate
acquired by a'n alien c1·editor at. foreclo m·e sale must be dispos d of
within lh·e yea.rs.
Arbitr1ttlon. Parties to a controver,·y may submit the same to
court and judgment
t!~~t~·;;~\h~~~;_heir award be confirmed by
a
Arrest. .To person can be ar;e,.ted under civil pro<'ess.
Assignn1cnts. V~lw1tary assignments must be for the equal
benefit of all the creditors of the assign01· and are administered in the
circuit court. • ·o such as ·ignment operates as a discharge of the
assignor from his debt·.
Attachments. The writ may issue when tl!e debtor is a non-resident; or com:eals himself o thaL t.lie ordinary process of law cannot
be served_; or,. lias al>sC'ouded or absent et! him ·elf from his usual place
of abode m tills tate, so that process cannot be sen ed, or, is about to
remove his m·operty out of the ,'tatc with intern, t,o defraud. hinder, or
delay his creditors; or, is about to rem°' e out of the State and change
his domicile; or, ha.· fraudulently c•om·cyed, concealed, or removed
his property, or is about to do so, to hinder or delay hi.' creditors; or,
has failed to pay the price of auy article ,,hich he ,1as hound to pay for
upou its de!lver~r, or has fraudulelltly contracted the debt; or, , ·here
the cause of act.ion accrued out of this :-Hate and the defendant h~·
ahsconcl •d or secretly removed hi.· 1,ropPrty into this ,'Late; or, where
the <lama ,es sued for arise frott1 the commission of a felony or 1nisdemcam r or the seduction of a female; or, the defendant is a corporation whose chief oflice or place of busine. ·s is out of this Stat,e. The
plaintitr, his a"'CQt. or attorney must make alfidaYit to one or more of
these grouncJs, an<l the plaintilr. e - ept where tho fedendant is a nonresicleut, must ghe bond for double the amount of the debt.
Bank!', are organized under a general law. The cash capital mu t
not he le:-.s than . 10,000 nor more than , 'i.000,000, and in cities of
150,000 or more. not less than 100,000. The entire capital must be
sub:cribe<I, one-half thereof paid up on or~anizatiou, and the other
half within oue year. Directors must. be residents of this State. The
reeeipt, of deposits with knowledge of tho fact that the bank is in failing
circumstanc: s, is punishable by fine or imprisonment, and ollicers
and a!?Cllts consenting to the creation of debts , it,h such knowledge,
are individually responsible therefor. • 'ot more than 25 per cent of
its C'apital stocl;: must be loaned to any individual or corporation.
Large powers of ,-uperyi ·ion and control are YO ·ted in the l>ank commis. ion r. Private bankers must ha,e a paid-up capital of not le
than ·10,000, and in cities of 130,000 population or more, not less than
$100,000.
EYcry firm or indh'idual a' well ao; eYory col'poration that engages
in th business of banking . hall be subject to the strict supervision of
the ·tate Banking Department.
Conditional Sales of personal property, unless recorded, are void
as to subsequent purchaser in good faith and creclito1·s.
Conveyances. ~\ person may convey title to lands although not
in possession. and although the same be in ad, erse possession. The
signa1,ure of the grantor in a deed need not 1 e attested by a subscribing witness. A deed by a natural person need not be under his soal.
The corporate . cal mu ·t be amxed to deeds of corporations. The
u. e of the word "heirs., in a d d is not necessary to create a fee
simple. 'l'he statute aboli hes e. tate: tail and converts an estate
tail into 3: life es~ate for the first, taker. \I it h remainder in fee simple
to the he1!'s of his bo~y. The words "grant, bargain and sell" are
employed m. the grantmg clau e of a warrant~· deed; by statute tho. e
words C(?nst1tute e~pre. ~ov nants that the grantor was eized of an
;ndcf as1ble estate m fee simple; that t,he real e. tate was free from a.II
mcumbrances done or suffered by him or any person under whom he
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
1884
BANKING AND COMMERCIAL LAWS-MISSOURI
fi
11
1
~i~i{i1Ci;•/ ~{ft~~~~q~~~[i~.ni~~1i~!~ehvtiiiog~en~7-1~ ~\~1~a;
clced, will Immediately pass to the ~rantee without further conveyance. An estate of freehold may be made to commence in future,
by deed. An int rest in rt'al e"tat,e. granted or deYised to two or
moro persons, otber than executors or trustees, or h11sband and wife,
l. a tenancy in common un!e. ·sex pres ly declared to be 11 joint tenancy.
A conveyance to husband and wife creates an estate in entirety, as
at common law. Females of eightecm years are considered of full
age for the purpose of conveying real est-ate.
Corporations are formed under general law. In the ca. e of manufacturing and most other busine. s corporations. the capital must be
not less than $2,000 nor more than i:i00,000,000. One-half must be
subscribed and actually paid up in money or property of the full
value thereof, if part of the capital stock is paid in property. there
must be an itemized description, the actual cash value of each item
being shown. Part of the stock may b<' pi·eferred, p:i.ying not, to
exceed G per cent annual cliYidends. l'uumlative voting is permit,ted.
Dire<·tors must not he le.·· than three nor more than twenty-one: three
of them must be citizens and rc.·ident · of the State. A ,'tockholder
having pa.id for his stock in full is subject to no further liahility. The
amount of the bonded indebtedness cannot, in any event, exceed t,he
amount of the authorized capital stock. The bonded indebtedness
cannot be increased nor the capital stock increased or diminished
except with the consent of persons holding the larger amount, in ,alue
of tho stock. Two-thirds in 'value of the stock may apply to the circuit court for a decree for the winding up of the business.
Corporations owing no debts may also be dL' olved by unanimous
vote of all shareholders.
A corporation pays an annual franchise tax equal t,o one tenth of
one per cent of the par value of its out.·tanding capital stock and
surplus.
The General Assembly of 1013 enacted what is popularly known as a
"blue sky law," placing under strict supervision of the Bank 'ommissioner, corporation and partnerships carrying on the business of
selling and negotiating stocks. bonds and securities (a few securitie·
excepted.)
Ample powers of visitation and summary action are conferred upon
the Hank Comm.i'>Sioner, and penalties of fine and imprisonµient
Imposed for Yiolation of the Jaw.
A foreign corporation must tlle in the office of the secretary of state
a copy of its charter with a statement of the proportion of its capital
stock invested in Missouri, and pay certain fees. It then receives a
license to do business in the Rtate. It must also maintain an office
1n the State. Its personal property in this State may not be inr:umbered to the injury of any creditor who is a citizen of thi,;; 'tate. and
no mortgage by a forei~n corporation except a railroad or telegraph
company, to secure a debt created in another 'tate is effective as
against any citizen of this ~ tate until its debt,-. due to resident citizen.
at the time of recording the mortgage, have been paid. .A <'orporation
failin~ to comply with these provi ions is . ubject t.o a fine and cannot
maintain a suit in a court of this State. A corporation of any country
outside of the United States hefore being authorized to tran. a~t bu-;ines · in this tate mw;t ha,·e a public ofllce in the tate. wh re books
shall he kept. showing in detail its as.·ets and liabilitie,;. the names
and residences of its shareholder·, officers. directors. and manager·.
None of these requirements apply to insurnnce companies.
Courts. Oircuit Court. have ori~inal jurisdiction in all ca:·e:s of law
and equity and hold two or more terms in each year in each count~·.
Jurisdiction of the settlement of estates of deceased per.·on i vested
in a Probate Court in eaeh county. .Ju tices of the Peace have jurisdiction up to 250: in countie,; and cities having over 50.000 and Jes,'
than 200,000 population up to 300; in townships havin~ moro than
200,000 and less than 400,000 population, up to -'>00; in cit·es of oYer
300 000 population up to 500; in cities of more than 300,000 in some
cases 5U00. Appeal, lie from judgment: of Justice and the I'robat-e
Court to the Circuit Court. There are three appellate court· in the
state to which appeals lie from the·Circuit C'ourts in all case, (with
certain exceptions), involving not more than 7,500: in all other ca-;es
appeals lie from the Circuit Court to the Supreme Court.
Days ot Grac-e are aboli hed. (See • egotiable Instruments.)
Depo'litions. :\Iay be taken on notice of at least three days and
one day additional for even· fifty miles of the first 300 and beyo!1d that
one additional day for each 100 miles from the place of scrvmg the
notice. If taken outside of the ~ tate a commission is.mes from the
court in which the suit is pendine:. They may be taken within
the state by any judge, justice of the peace. notary public. clerk of a
court mayor or chief officer of a city or town having a seal of office;
and if out of the 'tate bJ· any otlker appointed by authorit:r of the la.ws
of thi. • tate to take deposition·, a con•ml or commerdal reprC! cntat1ve
of the United ·tates having a. eal, or mayor of any city or town h:n;m:
a seal, or any judge, justice of the peace. or other judicial officer, or a
notary public. They ma.:,.· be taken upon written interrogatories. hut
this is not customary. The name of the witnesses or of the officer
need not be mentioned in the notice. Objections to the competency
or relevancy of the testimony need not be noted, but can he first made
when it is offered at the trial.
Descent and Di. tribution of Property. The real and per'onal
estate of an intestate descends and i distributed as follow~: 1. To
bis chilQ.ren or their descendant! in equal parts. 2. If there ho no
children or their descendants, then to his fathe1>, mother, brothers, and
sisters, and their de cendants in equal parts.
3. If there be no children or their descendants. father. mother, brother or .i t r, nor their
descendants, then to the husband or wife: if there be no hu haml or
wife then to the grandfather, grandmother, uncle and aunt.-;, and
their descendants in equal part. . •!. If there be no children or their
descendants, father, mother, brother, i ·ter, or th ir descendants,
husband or wife, grandfather, grandmother. uncl s, aun ", or their
descendants. then to the great-grandfathers. great-grandmothers, and
their desc-endants, in equal part·, and .·o on. in other ('ase \\ithout end
passing to the nearest Jin al anc · stors and their cbildr 11, and their
descendants in equal par-ts. l'os"thumous chilclren inherit. When
there are collaterals of the half blood, they inherit J1alf as much n.s tho:of the wholo blood. Lineal descendant· in equal de"r e t.ako per
capital: but where part of them are dead and part lh·in~. the i sue of
those dead take per. tirpe ·. When a wife shall die without any ·hild
or other descendant in bein". rapahle of lnher·tin , her widower hall
be entitled to one-half the r al and per onal estate belonging t-0 the
wife at the time of her death, ab olutely, suhjcct to the payment of
the wife's debt . and the widow take· a like share of tho c tate of h r
hu. band on hi. death without lineal de· ·endants.
n ille!!itlmate
child inherits from ils moth r, and ,·ice ver a.
n ille"itimate child
become legitimate if the parent· intermarry.
Dower. Dower in real e ·tate i
· at common la,·. bu th widow
has the rl11:ht, at her election, to choose certain portior of h r bu band's estate absolutely, in lieu of dow r.
widow may renounce
provisions in a will in lieu 0f dower and elect to take ab olut ly ~ertain
portions of the estate. . . ·o conv ya nee by the husband or sale under
Judgment or decree will bar dow r. The estate by th curt y xi ti
"at common law.
E e cu tlon . Unle s motion for new trial is filed within four da~
after judgment, execution I ues immerliately. Heal tate must b
aold during a session or the court which rendered the judgment.
al ·
of real e·tate mu,-1, be adverti ed for twenty uays; of personal property
for ten day . E. ecution sale.· are for ea...;h,
To execution is a lien
upon personal property until actual seizure thereof. It may i ·sue at
any time within ten years from the rendition of the judgment.. Deeds
to the purchaser are made at once by the shorlfT, no confirmation of
sale being required.
1
Exemptions. The homestead of the head of a family is exempt
in the country to the extent of 160 acres not exceeding in value. 1,500,
in cities of 40,000, ei11:hteen square rods, not exceeding in value $:i,000
in cities of 10,000, thirty square rods not e.·eeeding in value 1..iOO, in
towns of less than 10,000, ten aeres, not exceeding in value 1,500.
The exemption continues to the widow and to the children until their
majority. There are also e-.:empt, when owned by the head of a family,
ten hogs, ten . heep, t,wo cows, and certain farm implements; two work
animals. spinnin~ wheel, loom. and small qua 'ty of hemp, flax. and
wool: wearing apparel; . 100 in household ancl kitchen furniture:
mechanic's tools; provision on hand for family use: Bibles and other
books used in the family. Lawyers, physicians. ministers, and
teachers have the right to . elect profe.·.·ional books in lieu of other
property allowed to them and doctors may. elect m dicines. In lieu
of certain of the exempted articles any other property, not exceeding
300 in value, may be selected.
Frau,l<1 and Perjuries. ... To executor or administrator is bound by
bis promise to pay any debt or damage- out of his own estate. and no
person is liable upon any agreement to answer for the debt, default, or
miscarriage of another, or made in con ·ideration of marriage, or for
the sale of laud" or any interest in or leaso thereof for a longer time
than one year. or on any a<.n"eernent that is not to be performed wi~hjn
one year unles' the a'l,'reement sued on, or a memorandum thereof 1s 1ll
writing siimed hy the party to be charged or his authorized agent: and
no contract for the sale of lands hy an agent is valid unless the author•
ity of the a•.!'ent is in writing. Every gift, com·eyance, or assignment
of or charge upon real or personal prop •rty made with intent to hinder,
delay, or defraud creditors or defraud or deceh'e person.· who shall pur•
cha. e the same lands, is void against creditors and purchasers. prior
and subsequent. The dispo·ition of the larger part or the whole of a
stock of merchandise pertaining to venclor's bu ·ine ·s otherwise thap
in the ordinary cour ·e of trade, is fraudulent and void a. against, creditors of the vendor, unle.· · t-he vendee shall, at lea t seven days hefore
the sale furnish to the creditors a statement of the con.,ideration for
the sale. the amount of the indebtedne. ·s of the vendor. and the names
of his creditor·. All creations of trust in lands mu ·t be in writing
except those resulting by implication of law.
Garnishment. Garnishees may be summoned under writs of
attachment or execution. A ~arni bee ma:,.· discharge himself bY
delivering UJJ the property or paying the d bt to the officer under order
of court. Credit. or property attac-hed in the hands of a garnishee
may be claimed by a third person, who may a sert his title by i ter·
pleader. ~ ·ot more than 10 per cent of the wages due for the Jast
thirty d:i.y ·' 'CrYice of the head of a family and _re. ·ident of this ,. tat!
can be 'l,'arni.·hed. Public corporations and their officers are exemP
from garnishment. a, are also admini.:trators and executors prior to
an order of distribution.
Holidav . January 1. February 22, :\fay 30. July 4, the first
1Ionday of September. any general primary el ction day, any geperal
state election tlay, any tbanks'l,'iving day appointed by the PresideD}
or Governor. and December 2,> are public holidays; and when any~
them fall on 'unday, the next day i: such holiday. Fehruar:r 1 ,:
known a "Lincoln Day," and October 12, known ac; "Columbus DaY
are also holidays, bu are not uch as re ;poets commereial paper.
Hu band and Wife. (, ee :vran·icd Women.)
lncorue Ta ·. A tax of one and one-half per centum is levied upon
the annual income of individuals and corporations, \\ ith provisions
for certai deductions and exemptions.
Inheritance Ta. .
tax i,; levied upon the e~ates of decea.c;ed
persons varying from on. to five p r cent, depending on the relat~
of the beneficiary to the deceased, and exceedin , those rates when b
Yaluc of the property received hy a bcneficiar)· e.-ceed.- 20,000,.
certain exemptions in favor of cliff rent cla; se of persons mentll)ll
in the la, .
Interest, Legal rat;e 6 per cent, but by ae:rcement in writing an~
1
rate not exceeding per cent. The legal rate is collectible on moneY9
after they become due: on wri ten contracts or accounts. after d~d
and demand made: on money recovered for the use of another a n
retained without the owner', lmowledge. 1f usuriou ·· intere ·t hM b~ft-paid that part in exce. · · of the legal rate is deemed payment an~ err gal
ed on the debt, tho holder of which recover. the debt only w1t-!1, d~ed
interest after dedu~ti.ng 'UCh payment:, and costs are adJU bt
a!?ain t him. The r ceipt or exac Ion of u:uriou in ere;;t upon ad r1i.-ecured hy lien upon personal prop r y rend r. the lien in,·alid. Pa er
ie,, may contract thnt intcre ·t may he compounded. but not, often
than once in a year.
d
Judgment . Judgments and de re rendered by a c ,urt ofrec<>~are lien. on the real e. ·tate of the person again t whom thev are ref of
erect ·ituate in the cmrnty for "hich the court i. held. Tran~cr?'anY
a judgment filed in the office of the clerk of the cin·uit court O Tbe
other county becomes a lien upon real estate in such cou1JtY, tan
lien of a judgment contmue · for tbr e year:. and ma~.- be rev1v~ :e at
Lime within ton y ars from i rendition. B ·ecution maY 1 ;vbeD
any time within ten yea.rs from the rendition of a judgment.h
two or m01· judgments are rendered at the same term as et daY
partie entitled to the judgment·, the licru commence on the 1a.se,5t at
of tho t rm at which they arc rendered. Jud~m<.'nts hear intert tb8
r, per cent, but If upon contract bearinu mor than G per cen •
judgment bear the rate of the contrac .
or
Lien .
tatutory provisions exist for mechanic's' liens .. lie~use
keeping bor · and other animal , lien. of inn au<l hoard1n~t
keepers, lien· of contractors, matori 1-m n, and laborers
railroad.
~·
Limit tion . A tion. mu. t b commenc d wi hin ten ye
1.
pon any wrltin"' for th pa.mi
of money or prope~• 3,
On any covenant! of warranty or e.izin Mntain d in anY ,c!ded · rorFor rel'overy of land . 4. J< or r lief n•>t othen ·i . pr~n 1 e.itcept
Within tlve years: 1. Upon contract·. e pre· or 1mpllf:fi,y 0 wet
jud"'men or d er
of court. 2. l pon a tatut-0ry l\ab 11 and ror
than a pen lty or r rf itur . 3. 'l'r p
. 4. Heple_v1_n. n conam· oth r injury to the pc on or rights of another not ari. mg gund or(
tract am! not oth rwi. enumerat d. 5, .For relief on the gr cts o
fraud. Within thr e y ar . 1. \gain t public offic r· for: \'Vbere
ofllcial commi ion or omi ion. 2. For a penalty or forfe{}'!fhin t\'VO
the al'ti n j gi\ u o a party or a party and the . tatc.
J 0 rnent,
year :
ction for libol. land r,
ult, b, tt ry, false irnpr~lnst! IS•
or c-rlminal 01w
tion. 'ta uto do
no b gin to run • ntll b
re: !dent of tl1i
tat \·ho i ab n at t11 time it accru • 0 iS not
return; if h depart ar r it accru • h p riod of hb ab enfrolll
tb8
count ct.
clrnowledgment- or prom
. to take a ca! e are preoperation of th . atute, m t b in Titin . Judgmentsed bY tb8
:umed to uc paid after ten y ar .
cau of a tion. barr e
law. of the • tate in, hicb it orlglnat d i arred in tl11
tat · &Jld
1
Limit d l'artnt-rship.
lay con I t of one or !ll\1 re tf;;~e:.a=~bt.B
1
one or more .·p ial partn r . 'p i l part.n
cont-r1 1u
t,he <febf.B
fled amount inc
to the cap! 1 arc no p
onally liable for
wi!i
:ween
L
2:
g
BANKING AND COMMERCIAL LAWS-MONTANA
1885
-of the partnership and have no power to transact its busiuess.
A
verified statement of the terms of the partnership must be filed with
the recorder of the county, There can be no limited partnership for
the business of insurance or banking.
J:\,larried Women. A married woman is deemed a femme sole so
far as to enable her to carry on or transact business on her own account,
to contract and be contracted with, to sue and be sued, to enforce or
have enforced against her property such judgments as may be rendered
for or against her. and may sue or be sued at law or in equity, with or
•without her husband being joined as a party. Her real estate and
personal property cannot be taken by any process of law for the debts
of her husband. Neither the rents, issues, or products of her real
~state, nor the interest of her husband in her right in any real estate,
<:an be levied on for his debts.
J:\,lortgages. Mortgages on real estate are executed like deeds.
Husband and wife must join to bar dower or homestead, except to
secure purchase money. The common form of real estate securi~Y
is a deed of trust with power of sale in the trru,tee upon default m
the payment of the debt. Sale is at public auction upon twenty
or more days' public notice, as may be provided in the instrument.
The trustee executes deed to the purchaser. There is no redemption
from sale unless the holder of the debt is the purchaser. in which case
the debtor may redeem within one year if he gives written noti~e ~t
the sale or within the preceding ten days of his purpose, and within
twenty days after sale give security for payment of internst _ot accrue
within the year and all interest on prior incumbrances paid by th_e
<:reditor and taxes and a.<;sessments accruing during the year. Ev1<lences of debt secured by mortgage or deed of trust must be produ~ed
to the recorder when satisfaction is entered. .. To foreign corporation
,or individual may act as trustee in any deed of trust unless ~~ere be
named as co-trustee a Missouri corporation or individua! C!tiz~n of
this state, and the resident trustee must be a party plamtifl' m an
r
e
e
t
0
t
1
t
f
n
s
d
D
e
b
d
acgi1;,t!~/:;;;1~£~!:es are invalid except as between the parties unless
possession of the property be taken and retained by the mortgagee
,or tbe mortgage be acknowledged and recorded in the county of the
mortgagor in the same manner as conveyances of real estate, or unless
the mortgage or a copy thereof be filed on the office of the recorder of
the county of the mortgagor, or, where he is a non-re~ident. of the
State, then in the office of the recorder of the county m wh:fch the
property is situated. Every such mortgage ceases to be valid after
the expiration of five years from the filing of the same.
Negotiable Instruments. The General Assembly of this ~~ate
bas codified the law of negotiable instruments by t~e passage 9f An
act relating to the negotiable instruments, to reVISe. and co<;J.ify the
law concerning the same, and to establis;h a law uniform with that
,of other states on the subject." The act IS the same as tha~ adopted
by many other states in accordance with tbl'.l re~o~euda~10n of the
American Bar Association. It became effective m Missouri, June lG,
1905.
Power of Attorney. An instrument of writing containing a power
to do any act or business, including the conveyance. of real estate, as
agent or attorney for another, when ack!1owledge_d m the same form
as !equired for deeds, may be read in eV1dence without further proof
of its execution.
Probate Law. (See Administration of Estates.)
Protest. (See Negotiable Instruments.)
Replevin. Goods or chattels wroni,rfully taken or re.ta.ined may l~e
i·eplevied by the owner or party entitled to po ·ession. _Affl av1t
1nust be filed and bond in double tbe value of the property given._ . In
certain cases defendant may retain possession of the property by g1vmg
a bond in double its value. If plaintiff fail in Jlis suit, defendant
l'ecovers judgment against plaintill and the sureties on the bond for
the value of the property and damages.
Taxes. State and county taxes are usually pa!d in November
or December. If not paid, they are regarded a delrnquent from the
first day of the succeeding January. Slate and county taxes for each
Year are a lien upon the real estate from the first day of June of the
:Preceding year Delinquent state and county taxes are ~<?llected by
Suit. Municipal taxes are payal)le according to the provisions of the
charters or general laws by which they may be goYerned. In so~e
eases the payment of delinquent city taxes ~ay be enforced by a
e
of the property without suit; in others,_ sw~ must be brought b.e or~
Sa.le can be made. Tb ere is no redemption f!om. a sale under a Jud~
rnent for state and county taxes. Hedemptwn is us_ually allowed m
a sale for city taxes under the provisions of t,he particular charter.
Wages. (See Garnishments; Exemptions.)
.
,Wills. Every male person twenty-one years o~ age may, by his lit
Will, devise all of his estate, real, personal, and mu:1:d, and every ma e
<>ver the age of eighteen years may bequeath h1~ personal est~t~'Women of eighteen years of age and upward_, married or unmarrie •
ln~y devise their real est.ate and bequeath their personal propertfi' h !>,
'\V_ill must be in writ.ing, signed by the testator or some person Y 18
<'hrection in his presence and must be attested by two or more comf
l>etent witnesse subscribin"' their name to the will in the presence f!
the testator. If after mak~g the will the t_estator ~hall marry a nd di~
lhieaVing issue of Lhe marriage living at the time of~ death · or J>i0 rf t
O
tn after his death the will shall be deemed revoked.. The
~~
~arrted woman is revoked by her subseq!1ent rmchll~~ in ;a,;e or
thecihildren, or the descendants of _sucdhfchi;ld t'1.e will the testator is
,. r death are not named or provide or lll .
•.
th ir
"'88lned to 'have died intestate as to such child or chi1dren or
e
~esurcetndants. Wills _must . be presented for Or~~~~
t~~r~~~~
W· of the county m which was the P1ace
t th
f by
I>eil.Itsi
lllay be COJ?,tes~ed within two yearst afte1:~r
fn t~egtate
1 on
to the circmt cow·t of the coun y.
di t th I ws
~aihi~e devised by last will executed anb dbpro;:it~~Jo~cc~~d~g fo ~he
s State. Personal estate may e eq.
b
d
1aws of
the state or country in which the will shall e ma e.
1
if
~1 t~:
fs~~~:
SYNOPSIS OF
THE LAWS OF MONTANA
RELATING TO
BANKING AND COMMERCIAL USAGES
Revised by CHARLES E. PEW, Attorn'\3y at Law, Helena.
Abstractors. Must give $5,000 bond to state and shall receive
certificate from State Treasurer authorizing him to do business.
Abstract furnished by authorized abstracter admitted in court has
prima facie evidence of contents.
Acknowledgments of instruments may be taken in this State.
1. Before supreme court justice, district judge, justice of the peace,
clerk of any court of record, county clerk, notary public, or U. S. Commissioner. 2. Outside Montana in the United States. Before the
justice, judge or clerk of any court of record of the United States or
any stat,e or teITitory; a commissioner appointed by the governor for
that purpose, a notary public, or any other officer authorized to take
acknowledgments. 3. Out.side United States before minister. commissioner or charge d 'affairs, consul, vice-consul or consular agent of
the United States, a judge of court of record, commissioner appointed
by governor or notary public. In all cases acknowledgment must be
taken within jurisdiction of officer taking,
Must be in substantially following form: "State of ........... .
county of .......... s. s. On this ........ day of .... 19 .. before
(name of quality of officer) personally appeared. . . . . . . . . . known
to me (or proved on oath of ...... to be the person whose name is
subscribed to the within instrument, and acknowledged to me that
he (or they) executed the same." San1e for married women. In
case of corporation same to star, then "president or vice-president
(or secretary or assistant secretary) of the corporation that executed
the within instrument and acknowledged to me that such corporation
executed the same," and in case of attorney in fact, "whose name is
subscribed to the within instrument as attorney in fact of .... , .... .
and acknowledged to me that he subscribed the name of ......... .
thereto a,<; principal, and his own name as attorney-in-fact." Outside
the county must be accompanied by certificate of county clerk.
Administration of Estate is had in district courts. Notice to
creditors published four weeks. Claims not presented in four months
after first notice, if estate$10,000 or less, or ten months if over $10,000,
are barred.
Letters of ad1ninistration granted to: 1. Surviving husband or
wife or competent appointee. 2. Child. 3. Father or mother. 4.
Brother. 5. Sister. 6. Grandchild. 7.
ext of kin who inherits.
8. Public administrator. 9. Creditor. 10. Any person legally competent. When several claim right and equally entitled, court appoints.
preferring males to females and whole blood to half blood.
Affidavits may be taken or oaths administered before any judicial
officer, clerk of any court, county clerk or notary public in this State;
in any other state before a commissioner appointed by the governor,
notary public, or judge or clerk of any court of record having a seal;
in a foreign country before an ambassador, minister, consul, viceconsul, or consular agent of the United States, or judge of a court of
record having a seal.
When taken before a judge in any other state or foreign country,
the existence of the court, signatm·e and official character of the judge
must be certified by the clerk of such court, under its seal.
Alien'! and Denizens have same right as citizens to acquire, use
and disvose of mining property and real estate in connection therewith.
Arbitration. Any controversy except over title to real property
may be submitted to arbitration by a written agreement to that effect
filed in court and may be made an order of court. When made an
order of court is irrevocable; otherwise it is revocable at any time
before award. An agreement to arbitrate cannot be specifically
enforced.
Arrest. Defendant in a civil action may he arrested when about
to leave the State or conceal his property, with intent to defraud
creditors, and in certain other action where fraud, wilful injury, or
wilful violation of duty, or wrongful conversion of money or property
by a public officer or a fiduciary, or for fine or penalty.
Assignments. Voluntary assignments for benefit or creditors
allowed if without conditional preference, not coercive, impartial,
without reservation for fraudulent benefit of assignor, and does not
confer power upon assignee to delay execution of the trust, nor exempt
him from liability for negligence or misconduct. Is under partial
supervision of the district court.
Attachments. Writ of may be had at the time of issuing summons or any time thereafter in actions upon unsecured contracts
express or implied for direct payment of money, or if contracts originally secured, when security has become worthless without plaintiff's fault. Is issued upon affidavit on behalf of plaintiff, after filing
bond ln double amount of claim, if under $1,000; if over, in amount
of claim; bond never to exceed $10,000. Any property, real or persona.I, or debt due from or money or personal property held by third
person, including judgments, may be attached.
Banks. No special provisions regarding national banks except
that all banks, organized un<;J.er laws
this State or the United States,
shall be taxed for value of its stock m county, town, city or district
where located and not elsewhere, regardless of residence of stockholders.
Banks of discount and deposit, i~c~rporated under laws of Montana
for no~ less than $20,009, all pa1? m cash, may do business when
authorized by state auditor, certificate of auditor to be published
ot
120
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
1886
BANKING AND COMMERCIAL LAWS-MONTANA
I
-------------------~~
vice-consul or consular agent of the United States in such country,
rour times in town or county where located. Each director must
own at least ten shares of the bank's stock. Bank may deal in real l or to such person as may be agreed upon. Examination of nonestate only as is necessary to the proper transaction of its business
residents unles-s otherwise agreed, mu t be by written interrogatories.
or in realizing upon securitie . Directors must declare semi-annuai
Descent. Intestates' real and personal property, subject to paydividend out of net earnings, .1nd at same time make report to State
ment of debts, descends as follows: If widow or sw'Yiving husband
auditor of ai-sets and liabilities, and publish once. Stockholders are
and one child, half to each; if widow or surviving husband and more
liable for banks' debts to extent of stock held by them. Their liathan one child or one child and lawful issue of one or more deceased
bility continues six months after a transfer of the stock. Failure to
child, one-third to husband or wife and two-thirds to such children
comply with requirements for sixty days forfeits franchise.
issue per stirpes; if no child living, two-thirds to lineal descendand
to
company
or
corporation,
firm,
person,
any
of
liability
The total
ants, equally if of same degree, if not, per stirpes; if issue and no husany such bank for money borrowed shall at no time exceed fifteen
band or wife, whose estate to issue if such issue consists of more than
per cent of paid In capital and permanent surplus: this does not apply
one child living and lawful issue of deceased child or children. then
to discount of bills of exchange drawn upon existing values or of comin equal shares to living children and i · ·ue of deceru ed children per
mercial paper owned by person negotiating same.
if no issue, one-half to husband or vife and one-half to father
stirpes:
Each such bank must keep on hand funds equal to 20 per cent of
and mother in equal shares. or if either be dead, the whole half goes.
its immediate liabilities half cash and half balances due from solvent
to the survivor. If no father or mother one-Tialf in equal shares to
bank. One hundred dollars to five hundred dollars penalty for
brothers and . isters or their children per stirpes. If no issue nor
making new loans while reserve below the proportion. Laws provide
husb_and or wife, _entire estate to father and mother equally, or to
for state examiner, who visits and examines financial condition of
If no issue father, mother, husband, nor wife in equal
surv1vor.
banl<s yearly. Banks charged certain fees for State examiner fund.
shares to brothers and , isters and to children of any decea,;ed brother
Any employee, officer, or agent of any bank or person doing a bank
stirpe . If surviving husband or wife, and neither issueper
sister
or
know
to
reason
having
or
knowing
deposits
bu iness, who receives
father, mother, brother, nor sister, entire estate to husband or wife;
that such banking institution is un afe or insolvent, is guilty of felony,
1f none of above mentione~. to next of kin in equal degree, claiming
and is liable to imprisonment for one to twenty years.
through neare t ancestor; 1f leaves more than one child or one and
Banks may be dissolved by district court upon voluntary applicathe issue of one or more deceased children, and any such child dietion, or when declared insolvent by state examiner. Saving bank
under age, his share goes to children of same parent or
unmarried
corporation may be organized with not less than $100,000 nor more
their issue per stirpes. If no husband, wife or kindred, the property
than $500,000 capital divided into shares of $100 each, $100,000 to
escheats to • tate. Illegitimate child is heir of person who acknowlbe subscribed in cash before beginning business. lV[ay do a general
edges himself, in writing before a competent witne , to be its father
deposit and loan business. Stockholders liability to samo extent as
and is an heir of his mother; if parents intermarry, i'> legitimatized.
in other banks.
Foreign banking corporations may establish branch banks in this
Dowt>r. Curte y abolished. Wife endowed of third of lands
State upon compliance with certain special laws.
owned by husband during marria~e. Equitable e tate. and cont,racts
Bank is not liable for payment of forged or raised check, unless
included. .tTo dower in lands mortgaged for purchase price as against
claim is made within one year aft.er check is retw·ned paid to deposimortgagee, not in lands conveyed to him by wav of mortgage unless
tor. (Session 1909.) Liable for non-payment of check Without
be acquire ab. olute title during lifetime, Devise or bequest bars
malice only to amount of damages proven.
widow's dower unle otherwise e:cpre,· ·ed in will, but she may elect
between ded. e or bequest and dower, within one year in writing.
Contracts. Contracts of conditional sale retaining title in vendor
If husband die leaving no children nor descendants of children, widow
must be filed with county clerk or are void as to bona fide purchasers,
have, absolutely, one-half of all his e tate after payment of
may
mortgages or attaching creditors prior to filing.
debts, if she elect \\ithin two month after payment of debts. A
Conveyances. Title to property of any kind (except a mere poswoman ILay be barred of dower by jointure with her assent, before
sibility not coupled with an interest). including a right of re-entry for
marriage, consisting of freehold in lands of life, at least, beginning at
breach of condition subsequent, and property in the adverse possession
death of husband. Dower i not affected by wife's deed.
of another, may be transferred. Deed to several persons, except to
Execution unless stayed by order of court, may issue at once upon
executors and tru tees, creates tenancy in common, unless expressly
rendition of judgment; becomes lien on personalty, upon seizure bY
declared a joint tenancy in the deed. The fee simple title passes by
officer 1?,olding writ. All property sold to highest bidder. Defendant
a grant, unless expre ·ly limited to a less title in the deed. Coveor creditor may redeem from sale of real e tate within year or sixtY
nants that the grantor has made no previous deed to any other per'
days after previous redemption.
son, and that the premises are free from encumbrance by the grantor
Exemptions. To head of famlly, homestead to value of $2,500.
or any one claiming under him are implied from use of word "grant."
and descend· as . uch to surviving wife or husband and children.
A married woman joining with her husband in any instruments
Read of family allowed wearing apparel, chairs, table , books, at
affecting real property is bound thereby the same as though single
$200, all nee --ary household goods and certain domestic animals and
if duly acknowledged by her. Instruments affecting real property
provisions for three months; forty-five days earning exempt where
may, if acknowledged, be recorded, and such record imparts notice
nece.'iSary for support of family, except one-half such earnings maY
to the world. (See Acknowledgments.)
be taken for debts for necessarie.. Generally, tools and implements
Corporations are found under the general statute, except bankof trade. libraries, etc., of profes ional men who are heads of families,
ing, insurance and railroad corporations, and corporations not for
are exempt.
profit, which are governed by special laws. Stockholders have one
Fraud. It is criminal fraud to attempt to obtain insurance moner,
vote for each share, may vote in person or by proxy, and may cumuwrongfully; or fraudulently de ·troy insured property; to issue, sel,
late votes in director elections. Articles of incorporations filed in
transfer or pledge any false, fraudulent or simulated stock certificate
county where principal office located, and copy filed with secretary of
or evidenco of shares of any corporation, or any officer to sign anY
State, many hold only necessary real estate: from three to thirteen
such certificate; unauthorized use of another·s name in selling stock;
directors, who may be empowered to make by-law ; may classify
a director, officer, or agent of corporation to publish false reportfor
directors; control busine. : stock i ued for money or property: stock
of its affairs; to falsely represent one's self a,· competent to sell or
liability limited to unpaid portion, directors as:·enting to creation of
real e tate when ignature of husband or wife is necessary;
mortgagd
of
out
dividends
making
or
debts beyond sub cribed capital stock
to get money or property by fa! e representations as to wealth or
capital stock are jointly and severally liable therefor; stockholder may
mercantile character; to ell any land after having once sold or
examine books; written transfer or power of attorney to ell, and
agreed in writing to , ell the same to another: to convey any real or
delivery of certificate passes title, between parties and against credideceive others or to
personal property with intent to defraud a
tors; may be attached on books of corporation. Every domestic
or delay creditors; to wilfully certify any false aclu1owledgment
hinder
corporation having a capital stock must file report in county clerk's
receipts or ~
warehouse
e
fa!J
any
issue
to
defraud:
to
intent
wit,h
office, within twenty days after December 31st of each year, showing
wrongfully remove or dispose of any property for which a wareboUS
amount of capital stock, amount paid in cash, and amount paid in
any manner
in
dispose
to
mortgagor
the
for
·ued,
is
been
has
receipt
property, amount of existing debts, and names and addresses of
of any property covered by chattel mortgage. Any negotiable instrudirectors, pre ident, vice-president, general manager and secretary;
void even
i
executed
be
to
circumvention
or
fraud
by
procured
ment
directors neglecting to file are jointly and seyerally liable for debts
in hands of innocent holder.
existing during failw·e to file, director may exonerate himself by filing
trator to
admini
or
executor
of
Agreement
of.
Statute
Frauds,
within ten days after default affidavit showing that during the twenty
answer for obligation of decedent out of bis own estate: agreeD1 811 ~
days he asked president or. ufficient directors to file, and that. default
obligation~
for
answer
to
promi!"e
year;
one
in
performed
be
to
not
net
on
cent
per
one
of
tax
tate
to
ubject
is not due to his neglect.
it is made an original obligation of promi sor . ·
another, unl
income over Sl0,000.
agreement upon consideration of marriage. except mutual pronnse ~
Foreign corporations, except in. urance companies and corporations
marry: for ale of per ·onalty at a price of over 200, unless parten
otherwise provided for, may do busine:- after filing with ·ecretary
price paid or part of goods accepted. except at auction . ale w r
of state and in county where intend to do busine ·. copy of charter
auctioneer enter ·ale in sale book; lea,·e for over one year; for salr ~and verified statement of president and secretary, ·bowing name,
realty, or authorizing broker or agent to ·ell land for compen at 0 11i
capital stock, amount paid in money or property, a. et. and of what
i void unle in writing signed by party to be charged or his agte)
consist, and their actual cash value, and amount of liabilities; also a
duly authorized (in writing in ec-c e of agreements a:fl'ecting real esta
consent to be sued and appointment of agent for sen-ice of proce ·s
Every tran. fer of property or charge thereon made, every obligat~
and acceptance of same. .Must pay to Secretary of State filing fees
incurred, every judicial proceeding taken, and every act perforf bJs
upon proportion of bm;iness and a sets in :Montana to total busine. ·
_
with intent to delay or defraud any creditor, or other person. 0
and assets of corporation. If capital increased or dimini. bed mu t file
demands. is void against all creditor.· of the debtor and their repr~~
certifeate thereof with ecretary of state and county clerk and refusal
tatives or succe ors in interest, and again. t anv person upon w all
to do so forfeits right to do busine. sin tate. ~lust within two months
the estate of the debtor devolv · in trt.r ·t for the benefit of others ~pt
after April 1st, file report like verified statement ju t mentioned, in
debtor. All declaration· of tru, t in land~ hall be in wriqng, efla'II,
county clerk's office, and copy with secretary of state. Can have no
trust· or trusts created by implication or operation
resulting
greater rights or privileges than domestic corporations.
tate are made subForeign Corporations doing business in thi
Husband and wife. Hu band mu. t support wife if able; if1
ject to the juri diction of the courts f this State the . ame as dome tic
she must a:· ·i t; husband bas no cw :,y; wife ha dower: ne0 her,
tate. ( e corporations and their tock is made attachable in thi
can be excluded from other dwelling; may contract with eac\ 1ter
sion 1909.) 1\1:ay be. erved, if no officer, agent or other representaor any other persom·, the . ame as though unmarried; canno ion.
tive can be found in :Montana, by leaving proc - with ~ecretary of
legal relation hy contract, except may agr to immediate separ~ert!
State. (Laws 1917.)
mutual con ent being sufficient con,ideration: may hold prortY 0 (
net
on
cent
per
one
of
tax
Foreign incorporations subject to tate
jointly or in common; wife may ue and defend alone; all prope er of
Income over $10,000 on business done in l\Iontana. (Laws 1917.)
wife is her .eparato property, and h can convey, or execute po:t i,e
attorney thereon without husband'· cons nt. Her deed nn IDPts
Courts. District courts have original juri diction in law and
acknowledged. F Hing inventory of her personal property exe rseJC
equity where over $50 involved; have probate and criminal juri. same from claims again ·t husband, except for necessaries for ~;ertY
diction. City police courts of petty criminal jurisdiction. Justices
and her children. Wife must upport hushand out of her pr t tbat
of peace limited to 300, petty criminal case,; cannot try title to land,
if he i infirm. Wife may di,·po, of her property by will, exc';fand ()(
nor questions of constitutionality. Appeal lie from justice to dissuch will mu, t not. ,v:ithout his written con nt. deprive bUS ertY:
upreme court appellate
trict and from district to supreme court.
o,·ertwo-third ofherreal tateortwo-third of her personalfpb~band
court of last resort, except bas original jurisdiction in applications for
uected
wife may make contract, etc., the ame as though ingle. I
habeas corpus and similar writs.
stfpU•
rie. -Old her can be
neglect to support hi< wife, billi for nee:·
from him, but not when eparated by consent, uni~ suppor
Days of Grace.
tber
lated in such agreement.
Depositions of resident may be taken ~hen witne is a party in
Intere t. Eight per cent on Judgment and damages. Int
Interest, or re ides out of the county, or 1s about to leave and will
case· per cent in ab. ence of agreement. • lay contract for no
probably continue ab. ent, or is too infirm to attend; or the t ·timony
untY>
than 12 per cent p r annum.
Is to be used on a motion, or when witness is only one who can e tab.Judgment of cour of record (including federal courts 0 ~ Wen
trial.
the
at
llsb a material fact and hLs presence cannot be procured
if tran. •ript of such judgment if fl.led in district court ar es sUv
Examinations may be upon oral questions or by ak'Teement upon
realty in county for L"C years; realty in another county becgn::0 untY•
written illterrogatories. In case of non-resident within nited tates,
ject to lien upon filing of transcript of judgu ent in sue ID aJI1
judge may issue commission upon tlve days' notice, if parties do not
Abstract of ju· ice court judgment b come· lien on realtY
agree upon person, to any judge, or Justice or commissioner. If out
county where fl.led in di rtrict court.
of United States, may be directed to a minister, ambassador, consul,
n
°
fg;r
!
er
':nore
f
BANKING AND COMMERCIAL LAWS-N'SBRASKA
!
e
t
n
1
t
1
Liens. Laborers and materialmen have lien. for labor or material,
on property. Must file in county clerk's office within ninety days
and suit must be brought within a yea.r a!ter filing. Hotel, boarding,
and lodging house keepers have lien on baggage of guests brought
into such house. One performing service with respect to personal
property, including feed and care of animals. has a lien upon such
personalty or animals. Person furnishing another seed grain has lien
upon crops produced thereby up to 700 bushels, to secure payment of
purchase price. Verified lien must be filed in the office of the Clerk
and Recorder. Such lien is prior to all other encumbrances.
Threshennen have lien upon crops threshed for services in threshing
subject only to seed lien. Verified lien must be filed in the office
of the Clerk and Recorder.
Limitations of Actions. Action upon judgment of any court of
record, action to redeem from mortgage when mortgagee is in possession, ten years; actions for recovery of real estate or mesne profits
thereof, ten years, but in such cases statute oes not run against
Person who at the time title first descends or accrues is a minor, or
insane, or imprisoned on criminal charge for less than life, until such
disability ceases; upon contract, account or promic;e, in writing,
~ight years; to establish lost, concealed, or destroyed will. or upon a
Judgment of a court not of record, tlve years; against sheriff. coroner.
or constable for breach of official duty, action for damages for wrongful
death, or for obligation not in writing, other than a contract, account
of promise, three years, upon statutory liability for waste or trespass,
detainer of or injury to chattels, for relief on ground of fraud or mistake. or for libel, slander, assault, battery, false imprisonment or
seduction against a railroad for killing or injuring live stock two years.
Against a sheriff or other officer for escape of civil prisoner; against
municipality for violation of ordinance, against officer for money or
property taken as such, one year; to recover stock sold for delinquent
assessment, and actions against a county after rejection of claim by
county commissioners, six months.
All cases not specifically mentioned, five days. Statute does not
run during absence of defendant from this State.
Loans. Farmers loan department established.
Married Women. (See Husband and Wife.)
1\-Iortgages of real estate are executed same as deeds. Husband
and Wife must join to bar dower or homestead, exc~pt pu~chase money
D?-ortgages. Non-judicial sale under power vahd. Lien good for
eight years after maturity of debt, and may be renewed by affidavit
fc;>r eight years more. As to any mortgage now existing as to which
eb1gbt years or more elapsed same may be renewed for eight years
Y tiling affidavit in six 1nonths from February 17, 1913.
Chattel mortgage must be duly a.c!mowled~ed and b~ accompanied
hr affidavit of mortgagee that same is mad~ m good faith and not _to
hinder, delay or defraud creditors; not valid except between parties
until flied in' county where property is situated. Lien good until
maturity of debt not exceeding two years and sixty days. May be
renewed by filing affidavit within sixty d~ys after expiration of two
Years, stating amount still due, and allegmg goo~ fa.1th, etc.
Negotiable Instruments. Must be payable m money and must
contain an unconditional promise to pay a. ·um certain on demand or
at a fixed or determinable future time; must be payable to order or
to bearer· may be in installments and contain provi ion that on any
default the whole shall become due; with exchange fixed or current
rate, interest and attorney's fees for collection may authorize sale
of collaterals and confession of judgment; if it reads "I promi"e to
Pay" a.U signers are jointly and severally liable; may be payable at
fixed time after date or sight or after specified certain event, but not
~pon a contingency; need not specify value given nor place w}?.ei:e
ura.wn or payable; if issued, accepted, or endor. ed when overd_UE_l it is
Payable on demand· may be payable to two or more payees Jomtly.
odr one or more of several payees; absence or failure of con;sider~tion a
efense against one not a holder in due course and partial ~allure a
dinefense pto tanto. One not a party to instrument placing a signature
blank before delivery becomes an endorser. Every endors~r
engages that on due presentment it shall be honored or that he will
Pay the a.mount to holder or any subsequent enqorser who may be
compelled to pay· no days of grace; when maturi_ty falls on Sunday
or holiclay pa.yme'nt is due on next business day; if due on Saturday
rnhUst be presented on next business day, but if payable on dema1;1d
Older may present same before noon on aturda_y. Fraud and _cu-cumvention in procuring execution of instrument I a defense agamst
any holder
Presentment. It is not necessary to charge one primarjlY liable if
Payable at special place; ability and ·willingn . to P.aY it there at
maturity is equivalent to a tender, if not on demand 1t must be P,resented on day it falls due. if on demand then within a. rea.-<onable _tu:x?-e
~ter its issue, except a bill of e~ch?,nge must be presented w1thlil
.
. .
easonable time after its last negotiation.
.Alterations. Fraudulent or material, do not affect or1gmal mstru.
lllent in hand of innocent holder in due. cours~..
b .Acceptance. Unconditional promi. e m wrmng to !lccept af l?tilhl
efore or after drawn is good in favor of all who take it upon ai
:ereof for value The holder may decline a qualified acceptance and
eat the bill as dishonored; if he takes qualified acceptance drawer
an~ endorsers are discharged, unless they consent there~,o.
r l rotest of foreign bills may be made by notar:y pubhc or by ~ny
.:i8Pectable resident of the place in presence of tW!) or more. credibJe
or tnesses; bill of exchange does not operate to a.-ssign funds lD han s
drawee and he is not liable unless be accepts.
I> Prolll.issory Not,o. Must be unconditional l?romise in writi~g ~o
ay on demand or a.t fixed or determinable time a ~um certalil 1?:0oney to order or bearer, and where drawn _to _makers own order lS
t C~tnplete until endorsed by him; may be in mstalhnents. .
be.A Check is a bill of exchange on a bank p~yable on d_em~1~d, musj
~it~~th~~~~~s
notfc~esented wit!iin rea.c;ona.blf,l ~ime. afth er 1
,
f dr
must be given or drawer 1s disc a.rge
ca
~ed by delay· does not operate to assign any part o . awer s
ho1ada in bank and bank is not liable unless it accepts o.r__ cert1fieds. If
er has check certified the drawer and endorsers a.re discbar~e. ·
19lhe P!esent negotiable instrument law ?f ~1~ta.na,.~rii1S~gn~i
materially
app1;ectot1ons went into force M~ch 7, lt903. The
'al
f .
.
Instruments made prior there o.
Cha
ela nges the law In this State a.s to suggest the propriety 0 speci
·
· f
Trnhitnation in any doubtful case.
~e s law is nearly if not quite identical with that now m orce m
.
w York, Illinois, and other states.
The plaintiff in an action to recover po. E:' ion of per80nllelplev:tn
t the time of i · mng summons
a Prop "t
affidavit showing that the
or at any ir Y may replovy the same a k'
I>la.tntiff i me before answer, upon ma mgt'tled to po ession thereof,
that it iss the owner of thE: property or enn~t been taken for a tax,
0
1
~~ s:~tt~~r seizeq ~d;hJni:~~~1!i~~~t
~~1!1ent ~
d f the
d
8.nd I! xecut1on against the plaintiff, or if 80 seiz
th! a3{{t;~it a'i;d a.n
deu-v!;~ s}<\\ing the actual value o~ t~e
given
be
must
rtY
:tllldertaJcln e property should be lD or e
plaintiff's sureties:
'l'ii:e defenl in double the yalue ohf /he
ivinit a.n undertaking
or be Illa ant ha.~ two days in whic o ex
in doub)€ t~qulre the return of tho pr1¥ertYhb~~erta.king is not given
%~!~7'the p~~~erty must be turned over
:t~~ tt ve
0~
P1aintur.
~i5~~ ;g~
~t~o
cre~~~:~i
3a;3;-1: \t~
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
p~Pi;~~g;gf!o
Taxes.
1887
All kinds of property, except public property and property
PtWe°i ~p;!et~~bJ~~1e~i.a;~th ~Ye~11~urg~s:ffe~f~r
tan;Je~6x~;e~:e
execution levied on all such as are delinquent a!ter the 30th day
0
6
of November, after which a penalty of 10 per cent is added. '.rhe
delinquent tax list is published in some newspaper on or before the
last Monday of each year. and in not less than twenty-one and not
more than twenty-eight days after the first publication sale of the
real estate is made, subject to redemption within thirty-six months
from date of sale. The purchase money draws interest at 1 per cent
a month from the date of sale. The purchaser is entitled to a tax
deed at the end of the thirty- ix months but must give thirty days'
notice to the owner or occupant of the property. Taxes are assessed
to the party in whose name the property stands of record on the first
Monday in March of each year. An inheritance tax of S5 for every
$100 worth of property must be pa.id by anyone, not a blood relation.
inheriting such property; and blood relati011S and adopted children
pay a tax of $1 for $100 worth of property inherited. Estates under
$7,500 nqt; liable for inheritance tax.
Redemption may be made before deed by payment of taxes, 10 per
~g~tg~nalty, 50 cents for publication, and interest at 1 per cent per
Action to annul tax deed must be brought in two years after date
of issuance. rsession 1909.]
Wills. Every person over eighteen years of age and of sound mind
may dispose of all his estate, real and persona.I, by will. All wills
except nuncupative, must be in writing. And all wills, except nun~
cupative and holographic, must be executed and attested as follows:
1. Must be subscribed by the testator himself, or some one in his
presence and by his direction, must subscribe his name thereto. 2.
The testator's signature must be made in the presence of the attesting
witnesses or acknowledged to have been made by him or by his authority. 3. The testator must declare to the attesting witnesses that
the instrument is his will. 4. There must be two attesting witnesses
who must sign the will at the testator's request, in his presence. An
holographic will is one entirely written by the testator himself and
subject to no form. The estate bequeathed by a nuncupa.tive will
must not exceed $1,000 in value, must be proved by two witnesses,
must have been made in actual contemplation, fear, or peril of death,
and must be proved within six months after stating the testamentary
words unless the substance thereof was reduced to writing within
thirty days a!ter they were spoken. A will executed according to
law of the State where the testator was then domiciled may be probated in this State.
SYNOPSIS OF
- HE LAW S OF NEBRASKA
RELATING TO
BANKING AND COMMERCIAL USAGES
Revised by MONTGOMERY, HALL & YOUNG, Attorneys at Law, Omaha.
(See Card in Attorneys' List.)
Acknowledgments. (See Deeds, Notary Public) may be made
in this tate before a notary, judge or clerk of anv court just.ice of
the pea~e._ co"1nty clerk or deput~. register of ?eed::, ·01: deputy, deputy
clerk of d1str1c1, or.county court m name of his prmc1pal, secretary of
state, under seal, if the officer have one. If acknowledgment taken
in any other state or territory, it must be in accordance with the laws
of this State or of tho state or territory where taken, ;ond must be before
some court of record or clerk or officer holding seal thereof or a
commissioner of deeds appointed by the governor of this State for
that purpose, or notary public, or justice of peace, if before justice
of the peace, ack-nowledgment must be accompanied by certificate
of his official character under hand of clerk of some court of record
to which the seal of such court shall be affixed. If the officer have
no seal, then the acknowledgment must have attached thereto a
certificate of the clerk of a court of record, or other proper certifying
officer of the district or state where taken under the seal of his office
showing that the person taking the acknowledgment was at the
da.t~ thereof, su?h officer as he is tnerein represented to be, that
he 1s well acquamted with the handwnting of such officer· that he
believes the s~id signatur_e of the officer to be genuine, and' that the
deed er other m~tr~ent 1s ac~owledged in accordance with the laws
of such state, d~trict, or territory. If acknowledgment taken in a
bl'
fore~gn count_ry, it I?ay be acknowledged before any nota
minister. plerupotent1arY:, extraordinary or reE ident, charge
commissioner, commercial agent or consul of the United States. In
1J:~~ir;;•
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
1888
BANKING AND COMMERCIAL LAWS-NEBRASKA
executing_ ackno\\:Je~gment1 notarle public must write in the date
wh~n their commission expires or else said date must be imprinted on
heir seals. Ackn(!wledg~ents. attestations, and affidavits before
~w~·ofll1riit~?ie{!t~~- foreign places are valid of officer authorized by
AC?t~ons. Must be brought by real party in interest, except as to
ad:r~unIBtrator, trustee, etc. ~owever, assignees of choses in action
asl'_i~ed for purpose_ of collect10n may sue on any claim a...;signed in
wr1tmg; but such ass1gnees must give security for costs. Non-resident
plaintiff must give security for costs.
Administration of Estates. (See Decedents.) County courts
have exclusive jurisdiction over e tates. Administration is granted
to widow or next of kin. or both, or ·ome one selected by them. but if
unsuitable, or if they fail for thirty days after death of a party to apply
for letters, same may be issued to a creditor, or to some one selected
by ~he judge. Executors and adJ!1i~istrators must give bond, as
reqmred by the court, and must. within three months after appointment, make report of all property belonging to deceased. General
letters of administration are only i. sued after due notice to parties
interested, and if case is urgent a special administrator may be appointed who shall make report within wo weeks. Personalty is di'>-
flg;~~e
~b:i~~d
1
g>eb!~ ir~e~:it:i
o~~dg~
?r~::~;i~J&i~t~Jurt t
are a lien upon all real estate. If no administration, within two years
any heir of deceased or any person having acquired real estate from
deceased or heirs may obtain from cc, nty court determination of
~tdegi~~:~~ed degree of kinship and right of descent of real property
showing tbe a1~10unt loaned upon bonds and mortgages, amount loaned
upon note , bills of exchange, overdrafts, and other securities, with
the actu<!-1 market value thereof, tne amount of rediscounts and of
commercrnl paper pa.<;t due, the amount in\'e tect in real estate at
cost, th~ am~unt of. cw h on hand and on deposit in banks or trust
compames, with their names and the amount deposited in each and
the amount. of all other assets. together with such other information
as tbe l~ankm!:t board may require. A summary of such report must
be pub~1shed
some local newspaper and proof of such publication
transnnt,ted to the department of trade and commence and such
department may ~-all for special reports at, any time. ·Failure to
make repo:ts entails a penalty of .:;o for each day's delinquency and
those makmg false .·tatements in such report.' or in the book'> of the
bank l'l:lay be punished as . elons. It is Ukewi! e
felony for a bank
to rec!)rye moneys or permit same to be received on deposit when the
bank i. m ·olvent:. to loan t? an officer or employe of the corporation;
o: to loan to a director mthout the approval of a majority of the
dtrectors; to carry
a.s;~e~s any note or ohlhrntiou of the partnership,
member thereof, or md1v1dual where such partnership or individual
do a banking busine.: ·: to permit hareholtlers where the bank is a
corpor~tion, to l?ecome indebted in a, sum exceedinll' 50 per cent of
the paid-up capital of such bank. h\'ery sto<"kholder is liable for
debts acc:uing during his owner_hip of stock, for an amount equal
to the p~1d-up value of the shares held, and all shares of stock are
assessed m. the place where· the bank i. · located, whether the owners
thereof re. 1de t~ere or. not, and taxe.· are a lien upon the stock. A
guaranty fund 1s pronded by asse sment.--; on all ·tate banks based
upon the average daily deposit.. Claims of depositors and of holders
of 1::xchange have priority_ over all otber claims, except taxes. and,
subJect to ta,ce ·, are_flrst hen on all asset of bank when hank closed.
Bank ~ther than savmgs bank_ ·hall not permit loans and investments,
e;'CclusH"e of re erve and banking house and fixtures to exceed fifteen
tnne. amount of capital and surplus. All state banks in cities of
over 25,000 must keep a reserve of 20 per cent and two-fifths of the
20 per cent shall bo ca h in vault , but two-fifths of ,,aid two-fifths
of 20 per cent may be in Liherty or other . S. war bonds. Rediscounts and hill, payable must not exceed paid-up capital and surplus
except for payment of depositors. State banks and trust companies
may become members of federal re.erve bank. It is unlawful to bid
or ~olicit for_ purcha,.;e of bank stock ab9ve par until banking corporation organized and actually engaged m banking busine. . EverY
~~ ~uf~
f:s~i~t~foi1bf~k.cent. One-third of the 15 per cent
m
a::
Affidavits. (See Depositions.) Affidavits may be made before
anyone authorized to take depositions, and must be subscribed in
presence of the officer and sworn to before him, and this fact must be
stated in the affidavit. If made out of ~tate and the officer bas no seal,
affidavit must have attached thereto a certificate of clerk of a court
reciting authority of such officer.
Aliens. Non-resident aliens and foreign corporations may not own
or hold real estate in .i: ~ebraska, but the widows and heirs of such aliens
who held lands prior to March 15, 1S89. have ten years to di pose of
their interests, and those who acquired their ownership prior to that
date may dispose of same during their life. If not so di-,po ed of, the
lands escbeat to the :State. However. non-resident aliens may acquire
a lien upon real estate, and, pursuant or subsequent to such, may purchase such real estate, but shall dispose of same within ten years from
Bills of Exchange. ( ee • -otes and Dill of Exchange.)
time of acquiring title. The·e provisions do not apply to railroads,
telephone, and telegraph companies, nor to real estate within the
Blue Sky Law. Prohibits sale of mo. corporate securities except
corporate limits of cities and towns. Only persons po: ·esscd of full
upon
permit by :tate Bureau of ecuritie ·. Detailed sworn statecitizenship are eligible to vote or to hold public office or official position.
ments required. Permit fee 10. if capital doe not exceed $25
Arbitration. Instead of submitting a controversy to a court,
otherwise 25; for each agent, one permit one dollar per year. state
parties may agree in writing to arbitrators, whose decision, after confirtrade commi sion investigates and give information but doe.s not
mation by the court, shall stand as a verdict. Judgment may then
recommend securities. Commi.~ ·ion mu. t not exceed 15 per cent of
be entered and execution i ·sued.
par value, organization and promotion not more than 2½ per cent.
Preferred stock must have equal voting power with common stock.
Arre ts. Arrest and imprisonment in civil actions for debt are
abolished.
Bulk Sale . Ceo Sales.)
Chattel :.llortgages. Every chattel mortgage. if not accompanied
Assignments.
(See Exemption. , Acknowledgn10nts.)
Every
by an immediate delivery of the goods aud be followed by an actual
assignment for benefit of creditor. . hall bo made t the shcrlfl' of the
and continued change of po.· 'e., ·ion thereof, i · b. ·olutely void as
county, and shall include all property of the assignor, except such a.c;
against creditor· of the mortgagor and a.s again ·t subsequent pur·
may be exom1,t. Assignments hall be executed and ackum, !edged
chasers and mortgagee in good faith unle
the same as a deed to real estate, and within twenty-four hours after
uch mortgage, or a coPY
thereof, be filed in he county clerk' office where the morti?agor r ides,
its execution shall be filed for record in the county clerk' omc-e. and
and if he be a non-resident. then in tho cl rk' office of tho countY
if real estate is mentioned therein, it ·hall also be recorded in the
where the mortgaged property be . ituated.
register of deed's office, and within thirty days it shall be recorded in
uch chat tel mortgage
need not be acknowledged unle it convey ho ehold good · u,.;ed in
any other county where property conveyed be situated.
er ditor
the family by the husband and , ·ffe, or either, in which case it must bale
may file and prove a claim and concw·rent therewith, may p i.rsue a
signed and
rnowledged by both husband and IC , the ·arne as re
sepnrate remedy ~ainst the w ignors for tbe collection or such claim.
e ·tate conveyance. . Verbal mortgai:te · ar good b l ween the partfesd.
Conveyances, preferences, payments, pledges or transfers of property
It i. a felony to transfer or dhpos of ve nal property mortgage
ma.de by an in. olvent debtor in contemplation of sucb insolvency,
without procuring the vritten con.~w1t of the mortgagee, or to remo~e
within thirty days prior to making an as. ignment, are void, except
same out of the county with intent to defraud U e mortgagee of hiS
that the assignor may pay or ecure clerk! ' or ervants' wages, not
exceeding $100 to any one person, and may pay or secure any debt , ·ecurity. Mortgag >r requireu to gh• accounting for mortgaged prop·
erty from time to time on demand of mortga.,.ee, and to give mortcreated ,vithin nine months prior to that time and may ·ecure any
ga~ee notice in wrltin,..,. within 10 day after lo. ·s or death of mortgaged
debt contracted simultaneously with the giving of such security.
article:. or animal·.
Ai-signments of wages of head of family void unless executed and
acknowledged by husband and wife.
Claln1s. ( ·ee .Accounts, Administration of F.stat .)
Attachments. The plaintiff at or after the commencement of an
Commercial Traveler . (See License!.)
action may ha.Ye an attachment against the defendant's property,
Conditional ale . A sale or lease of personalty may be made
when the amount is due, by filing an affidavit showing any of the
and title thereto retained in the vendor until the purchase price b8
following grounds: 1. That the defendant is a foreign corporation
fully paid, or condition complied with, by having the contract of sale
or non-resident of the ta.ta. 2. Has absconded with intent to
or lease in writing . igued by tbe vendee or l ee, and then filing coP1t
defraud creditors. 3. Has left tho county of his residence to avoid
of same in the comity clerk' office. with affidavit of vendor, his age:t
the service of summons. 4. . . .o conceals himself that a summons
or
attorney attached thereto, gh'ing names and full and true int1f b8
cannot be served upon him. 5. Is a.bout to remo,·e hi property,
of partie · and d cription of the property.
'uch sale or lease sha . h
or a part thereof, out of the jurisdiction of the court with the intent
invalid at expiration of five years
again. t purcha.: ers ln good
to defraud his creditors. 6. Is about to convert hi<; property, or
or judgment or attaching creditors. unle. s the vendor or Jessor t the
part thereof into money for the purpose of placing it beyond the
within thirty day prior to the expiration of the five years, repea lid
reach of his creditors. 7. Has property or rights in action which he
filing, which must be made annually thereafter. These sales aredie
"::,rs
conceals. 8. Has assigned, removed, or disposed of, or is about to
as between the partie and as again. t jud~ent or attaching er
dispo e of his property, or a part thereof, with intent to defraud his
and
sub
equent
purchasers
and
mortgagees
with
notice.
creditors. 9. Fraudulently contracted the debt or, incurredtbe
obligation for which suit Is brought. The affidavit must further
Con lgnments. It is a felony on the part of a factor or !fien;.:g
show the nature of plaintiff's claim, that it is just and the amount
whom goods have been consigned to ell or a: 'iITTl such go 6 oodS,
which affiant believes plaintiff ought to recover. No undertaking is reintent to defraud the owner. Is also a felony for the owner or gnsfet
quired where the defendant is a. foreign corporation, or is a non-resiafter receiving an advancement upon the ·hipment, to sell or traigile6•
dent of the State but in such cases no attachment can be had for claim
such goods contrary to the agreement between him and the cons
t
other than debt or demand arising upon contract, judgment or decree,
Contracts. Every contract for the purchase or sale of real estate~
unless plaintiff has been bonaflde resident of state for six months
any
interest
therein,
except
a
lease
for
a
period not exceedin~1f,e/·t,he
preceding filling of petition. In all other cases plaintiff must give an
from the makin~ thereof, must be in writing and subserib be ~r-undertaking in double the amount of his claim. If property cannot be
party to be charged. Every agreemen by its terms not to
jnJS8
seized by the officer it may be reached by garnishment process. To
formed within one year from the making thereof. every special
obtain attachment in an action not founded on contract, original
to
answer
for
the
debt.
default
or
misdoing.
of
another,
ever~~
petition must be presented to judge of supreme, district or county
ment, promise, undertaking made upon consideration of ~ of an
court who shall make an allowance thereon of tne amount in value
except mutual promise to marry, and every special proID se est;ate,
of the property that may be attached, and the amount of bond, if
executor or administrator to answer damages out of his 0 ~ 100 tot
any, to be given by plaintiff.
and every contract for the sale of good and things in ac
dUIJI
Banking, Only National banks and state banks which are inthe price or 50, or more, hall be void unless note or mexnoraJle\fet,
corporated under the laws of Nebraska, can transact ban.king busibe made in writing by the party to be ~barged thereby. If, h 0 50 or
ness here. Department of Trade and Commerce has general superwhen contract for sale of goods and chattels of the value 0~d or a
vision and control of all state bank . Every st te bank must obtain
more is made. and a part of the purchase price thereof is P eniota.11•
charter from this department. Department appoints examiners who
part or the good and chattels are delivered, to the buyer, no ID
investigate affairs of each bank. After each examination bank must
dum ls necessary. (See tatute or Fraud.)
pay to state treasurer fee of $15 or more, according to capital.
avConveyance . ( ee Deed . Mortgag • Conditional Sale&) }Jl1
tngs banks must have at least $15,000 capital; if in city of 50,000
Corporation . (. ee Foreign Corporations. Blue kY La~toJl
to 100,000, $35,000; 100.000 or more, $75,000. Other banks must have
number of persons may a: ociate and incorporate for the rail1'11ys.
0
0
1
0
of any lawful busin~, including the construction of cana1 • co~
~•~
bridges, and other work· of internal improvements. ft!~~rpora!,!
3,000 to 25,000~$50,000; 25,000 to 100,000, Sl00,000; 100,000 or more,
ration, as such, has power: 1. To have ucce ion bY
ofequfu,1
$200,000. Suen capital shall be in money, credits, national, state,
name. 2. To sue and be sued, to complain and defend inbco~e at ple&S"
county or municipal bonds, bank furniture, and the bank building and
and law. 3. To make and use a common seal and alter t 8
be n ~
ground on which situated, which ground shall be unincumbered, but In
ure. 4. To bold personal estate and all such real estate as maYrendet .,.
no case shall the bank building and ground, together with furniture and
sary ror the legitimate business of the corporation. 5. To such
fixtures, exceed in value one-third or the furniture and fixtures alone
Interest
of the stockholders transferable. 6. To appo~~t1on
10 per cent of the national, state, county and municipal bonds one-half
ordinate officers and agents as the business or the corp fi r 7.
of the paid-up capital. Before commencing business the bank shal
require, and allow them a sultable compensation there:0 - ~
make a detailed statement of the proposed business to the Department
make by-law not inconsistent with any existing Jaw, for~encernell
of Trade and Commerce which, after approval, shall issue a charter.
Bvery bank must make at least quarterly detailed reports under oath,
mentor its affairs. Every corporation previous to the co
~!~:
ooo,
~!u•
f~
1
r~? ;roorf.~wro i~J>o&? k~~~~1oi 2oti.888: ½t888i
!
!!?!ti
5'¥o
s
t
n
1889
of any business, except its own organization, when the same is not
formed by legislative enactment, must adopt articles of incorporation
and have them filed in the office of the secretary of state; and domestic
corporations must also flle with the county clerk in the county where
their headquarters are locat,ed. Banking corporations. insurance
companies, holding companies, and building and loan associations
must also file with Department of Trade and Commerce. The articles
of incorporation must fix the highest amount of indebtedness of
liability to which the corporation shall, at any one time, be subject,
which must in no case exceed two-thirds of the capital stock. (Exceptions made for insurance companies, deposits in banks. loan and
trust companies.) lviust incorporate within one year after organization, or power ceases. Notice must be published in some newspaper
near the principal place of business, for four weeks. Such notice
shall contain: 1. The name of the corporation. 2. The pdncipal
place of transacting its business. 3. General nature of the business
to be transacted. 4. The amount of capital stock authorized, and
the time and conditions on which it is to be paid in. 5. The time of
commencement and termination of said corpoL·ation. 6. Highest
amount of indebtedness or liability to which corporatio~ is at any
time to subject itself. 7. By what officers the ai!air,-s of the corporation are to be conducted. The notice required must be published
within four months from the time of filing such articles. Two-thirds
of its members may dissolve corporation unless otherwise adopted
in articles of incorporation. Copy of by-laws of the corporation, wlth
the name of all the officers appended there must be posted in some
conspicuous place at the place of doing business. subject to public
inspection. Shall give notice annually, in some newspaper printed
in the county or counties, or in State if none in the county, of the
amount of all existing debts of the corporation. signed by the president and a majority of the directors. If corporation shall fail to do
so, stockholders of corporation shall be jointly and severally liable
for all the debts of the corporation after exhausting its assets, and
for all debts contracted before said notice is given, to the amount
of the unpaid individual subscription of any stockholder to capital,
stock, and in addition thereto the amount of capital stock owned
by such individual.
All corporations, whether incorporated under laws of Nebraska or
any other State, must procure a state occupation permit from secretary of state, annually, before they may do business here. Annual
fees for such permit as follows based upon capital s~ock on ho~e
companies, or on that portion of capital stock of foreign comparues
Which represents Nebraska business: Capital of $1,000 to $10,000.
fee of $5; $10,000 to $20,000, $10; $20,000 to $30,000, $15; SR0,000 to
$40,000, $20; $40,000 to $50,000, $23; $50,000 to $60,000, $30;
$60,000 to $70,000, $35; $70,000 to $80,000, $40; $80,000 to $90,000,
$45: $90,000 to $100,000, $50; $100,000 to $125,000, $60; $125,000
to $150,000, $70; $150,000 to $175,000, $80; Sl 75,000 to $200,000, $90;
$200,000 to $225,000, $100; $225,000 to $250.000, SllC; $250,q_oo to
$275,000, $120; $275,000 to $300,000, $130; $300,000 to $320,000,
$140; $325,000 to $350,000, $150; $350,000 to $400,000, $160; $4(?0,ooo to $450 ooo $170· $450 ooo to S500.000, 8180; $500,000 to
$600 000 $200· $600 060 to $700 000, $250; $700.000 to $800,000,
$300°; $800,000 to $900,000, $350°; $900,00<? _to s1,ooo,ooo, ~490;
$1,000,000 to $10,000,000, $400, and $75 add1t10nal for each million
or fraction thereof over $1,000,000; $10,000.000 to Sl~.000.000,
$1,200; $15,000,000 to $20,000,000, $1,500; $20,000,000 to 520.000,090.
S2,000; over $25,000,000, $2,500. These fe~s. taxes and penalt1E:S
are first lien on all property of the ~orporat1on. . Fee for_ domestic
corporations payable July 1st. for foreign corporations: during mouth
of July. Fifteen per cont penalty for 30 days delinquency after
3 months wilful default, attorney g_eueral on request_ of secretat"Y. of
state must bring action to forfeit charter. Foreign corporation
must appoint resident agent on whom process may be served.
Costs. (See Security for Costs.)
Courts. (See Actions, Appeals.) Juvenile courts are est3:blished
for treatment and control of dependem;, neglected and delinquent
children. Justice and county courts are f(!r ~ll .Pr?-c~ical. purp~ses.
open at all times except holidays, but their Jur1sdict10n lS ll~1t~d.
~istrict courts have general jurisdiction, and p.av_e exclusiv_e JUr1Sd1ction in certain cases. The terms of the dis~ric_t court m each
county are fixed by the pre~iding judge at t-!'le begwlllllg of ea~h year.
The supreme court has orie;inal jurisdiction ma re,~ ca_ ·es proyi~ed by
statute, but its work is principally confined tq reV1ewu1~ _dec1s10ns of
the district court. :Municipal courts are provided for c1t1es.
Cu.rtesy. Abolished 1907. (See Decedents.)
Days or Gn,ce. (Seo Notes.)
Decedents. (See Administrat_ion of E)states.~ If a P~1'.ty leaves
no Will his property descends subJect to his deb.ts as_ follows•
. t
1. One-fourth to the husband or wife if surVJvor i_s nqt the }?aten.
of the children 2 One-third to the husband or wif~. 1f. survivor lS
Pa~ent of the cb.ildi·en. 3. One-half to husband or w1f~. 1~ one or ~o
Child living Residue to blood relatives. 4. If no _child1en or W1 e
8~viving, to the children in equal sh~·es and lawful issue of di~:~~~
Child by representation. 5. If no issue, to father and mo
8Urvivor.
6. lf no issue nor parents, in equal shares t~ brothers
and sisters and children of such deceased. by rer?re~entat1op.d
If
no Parents nor bi·othcrs nor sisters. to next ?f km ~n equa d e,..ree,
but Where there are two or more collateral kindred i~ e~1ual ~gret
but claiming through dillorent ancestor·. tho e claimmg t_ . ou~
nearest ancestor are preferred to those more remote. .PJocr~ is
also made for surviving childreu dying under age unmarne ·
allllS
a~aini,t est.ate must be presented within time fixe~ hy plobatii cour~.
~oii'ftihs"ch notice is given by adver[rifeeti~rsag? a~;~t~!~ionil~s~t
l)
nor more than two years a er
0 wer and curtesy are abolished.
. Deeds. (See Acknowledgments, Married Women.) Mu~t be
signed in presence of one witness and acknmvledged. Grant.or s seal
not required. Deed conveys all intere t of the ~ran tor. unless 3: coptary intention is expressed. Deeqs and co:iveJ ances must correct Y
state actual consideration, where it exceeds lOO.
nep ·t·
t k
t any time after service of summons,
and
~s!J11:J e~Tde~c:no~ly when the :'·itness does not reside in
the county Oft . 1 . b ent thet'efrom, or 1s una~le to atten~ co~rt,
or is d
na or is a s
.
· - required mstead of 1t, bemg
oral· ead, or when written t~st1rnonY !" but are usually taken before
a no't may be ~aken before var10us ofilie~! a relative or the attorney of
eithe1~ry public. The_ o~cer must ~~ the event of the action. and this
fact sla1 ty or othenV?,se i:1Leres~ed I
ttached w the deposition. If
tal{en Olllc.l be stated m his cert1fifif"te t_ • no seal a certificate under
the g. out of the State. and t,he O ctr k
cow·t of record under seal
shou1~eabt s al of the Stat_e, or of ahc erffi~er was at the time of t,aking
th
e _appended, stating tha_t t e o
•
e deposition, proporly authorized,
Descent and Distribution. (See Decedents.)
Distress for Rent. No authority for it.
nower. Abolished 1907 (See Decedents.)
Etnpl
. f e Applies to employers having
five or OYer Liability Act I-!1 ori . medical and ho pital services
0
t~ddine~~ees~n~~!f~~tect~i1~ ~ft~ni!ts paystile weekly. Maximum
eath, $5,250; for injuries not fatal. s4 •
·
!·
lll:;\;~0
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
3r
Estates. (See Decedents.)
Executions. (See Judgments, Proceedings in Aid of Execution.
Mortgages.) May issue at any time after judgment, if no stay bond
be filed, and until five years thereafter. Land sold upon execution or
decree of court may b·e redeemed by the debtor at any time hefore
confirmation of such sale. A stay of executi.on is allowed by giving
bond with approved sureties as follows: In district court within
twenty days, on judgments not exceeding $50, three months; $50 to
$100, sb: months; exceeding $100, nine months. In justice and
county courts, within ten days. as follows: $10 or under, stay of
sixty days; $10 to $50, ninety days; $50 to $100, six months; over
$100. nine months.
Exemptions. A head of a family has exe:".llpt from levy anfi sale
certain personal property and household fw•ruture enumerated rn ~he
statute, and in addition thereto has exempt a homestead no~ e~ceedmg
in value $2,000, exclusive of the mortgage thereon, cons1stmg of a
dwelling in which the party resides and appurtenances ~nd 160 acres
of land on which same may be situated, or, at the option of the party
two contiguous lots in any incorporated city or village. Such exempt
property s"hall he free from all judgment liens and from sale on execution, except that the homestead may be sold on foreclosure of ~echanics' liens, and of mortgages executed by both husband and wife.
If party bas no homestead as above stated, he shall have exempt the
sum of $n00 in personal property in addition to the articles enumerated
by statute. Mechanics, miners, or other persons, whether heads of
families or not, have their tools and instruments exempt, and a professional man's library and implements are likewise exempt. All
pension money, and property purchased and improved therewith, Qc>t.
exceeding $2,000 in value. is exempt. Exemption law does not apply
to claims for clerks, laborers or mechanics' wages, nor can an attorney
plead exemption in a suit for money or other valuable consideration.
received by him. Only 90 per cent of wages are exempt as against
a debt for necessaries of life.
Foreign Corporations (See Corporations, Aliens.) may becomedomestic by filing with the secretary of state a true copy of charter or
articles of association, together with a certified copy of resolution
adopted by the board of directors accepting the provisions of the
act of the legislature of Nebraska, Chapter 42. Laws of 1889; must
make written report to Secretary of State annually in July in form
prescribed by secretary of state and pay fee same as occupation tax
for domestic corporations; must on or before September 15th, of
each year, flle a statement with attorney-general of State, sworn to,
showing capital stock, its market value. how paid, names of officers,
directors and agents, amount paid in dividends and rate of percentage
thereof, all stock held in other corporations and value of such stock,
amount of its own stock held by other corporations and value thereof,
and amollilt of trust stock held by other corporations. Does not
apply to insurance companies or common carriers. Must appoint
agent and file name with secretary of state and with register of deeds
in county of principal place of business. Service may be had on
such agent or on state auditor, Secretary of state charges fee or
$,50 for keeping record of agent. Penalty $1,000 fine. Agent or
representative doing business here for corporation that has no resident agent, subject to $25 fine. Does not apply to insurance companies and railroads. Any corporation whose products are sold
in Nebraska must have a resident agent on whom service in legal
action can be had. Sale by jobbers of goods of foreign corporations
not so represented is prohibited.
Fraud. (See Statute of Frauds, Limitations, Consignments.)
Oonveyances made for the purpose of defrauding creditors are void
and intent is deemed a question of fact, not of law.
Garnishment. (See Attachment.) Writ may be issued before
judgment in attachment proceedings. After judgment and after
execution returned unsatisfied, ,wit will issue by filing affidavit for
same. No bond required after judgment.
Holidays are January 1st, February 12th, February 22d, April 22d,
May 30th, July 4th, first Monday in September, October 12th, Thanksgiving, and December 25th. No court can be open, nor can any
judicial business be transacted on a holiday or Sunday, except first,
to give instructions to a jury then deliberating on their verdict;
second, to receive a verdict or discharge a jury; third, to act as magistrate in a criminal proceeding; fourth, to grant or refuse a temporary
injunction or restraining order. If any such fall on Sunday, the next
day shall be a holiday.
Homestead. (See Exemptions.)
Husband and Wife. (See Decedents, Divorce, Evidence, Exemptions, Married Women, Marriage.)
Infancy. Males under twenty-one and females under eighteen
are infants. County court appoints guardians, but if infant over
fourteen yea.rs, may nominate his own. Infants' real e tate may be
sold or mortgaged to obtain funds for maintenance by permission of
district court.
Insol.ents. (See Assignment,s.)
Interest. Legal rate is 7 per cent and contract rate 10 per cent.
Judgments draw same rate as specified in the in ·tru.ment on which
judgment obtained, otherwise 7 per cent. A contract is not avoided
by usw-y, but in action thereon all payments are ct.educted from the
principal and plaintiff recovers only the balance, without interest and
pays all costs.
Judgments. (See Actions, Appeals, Exemptions, Executions,
Interest.) '!'hose recovered in district court are liens upon real estate
of debtor from first day of term at which rendered, except those by
confession and those rendered at the same term at which action commenced are liens from date of rendition. Judgments of county
and justice courts become liens from date of filing transcript in the
office of the clerk of the district court. Judgments may be made a.
lien upon lands in other counties by filing transcripts in the office of
the clerk of the district court in . uch counties. A judgment becomes
dormant in five years and lien upon real estate is lost if execution not
issued within that time. After dormancy may be revived by certain
proceedings. Dormant judgments cannot be revived unless action to
revive be commenced within ten years. In judgments by confe 'ion
cause of action must be stated in the judgment or in a writing filed as a
pleading. Deficiency judgments may be recovered in mortgage foreclosure cases, if the deficiency be such that it may be recovered at law.
Jurisdiction. (See Actions, Judgments.)
Justices of the Peace. (See Courts, Judgments, Actions.)
License. (See Insurance, Agents) Commercial travelers are not
required to take out a license. There is a provision in the code
requiring peddlers and commissioI! merchants to take out a license.
Does not apply to persons selling their own works or productions or
books, charts, maps or other educational matter, or fresh meats,
fruit, farm products, trees or plants exclusively.
Liens. (See Judgments.) Material men and laborers and mechanics are entitled to liens upon the building or improvements for
material furnished and labor pe1'formed, by filing in the office of the
register of deeds an itemized statement of account duly verified by
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
1890
BANKING AND COMMERCIAL LAWS-NEVADA
affidavit of party, showing a.mount due, nature of the contract,
description of property, names of the parties, and if the claim arise
out of a. written contract. or if a note or other written evidence has
tieen taken in payment of the account, copies must be attached. An
original contractor must file such statement within four months from
the time of furnishing such material or performing the labor; a subcont,ractor within sixty days. Lien dates back to commencement of
work or labor and is valid for two years from date of tiling. All
mechanics' liens on the same promises are of equal priority and prorate in the proceeds of sale of property. if solcl under foreclosure thereof.
Limitations. Actions brought to recover real property or foreclose mortgages thereon must be commenced within ten years after
c.ause of action accrues. Actions for forcible entry and detention,
libel, slander, assault and battery, malicious prosecution, false imprisonment, and those to enforce penalties or forfeitures, must be commen~e~ withi? ?n~ year. Actions for trespass to real property, taking,
detammg or mJurmg personal property, upon contracts not in ·writing
upon a liability created by statute other than a forfeiture or penalty
for injuries to rights not a.rising out of contract, for relief on the
ground of fraud, and all other actions not specially limited by
statute, must• be commenced within four years. Actions upon a
specialty, agreement, contract in writ·ng, promissory notes, etc .. and
foreign judgments, must be commenced within fl
years. Actions
upon official bonds of executors, administrators, guardians, sheriffs,
or other officers, and upon statutory bonds, must be commenced within ten years. If parties under disability, cause of action does not
commence to run until such disability r oved. Actions for damages
for causing death must be brought within two years.
Limited Partnership. (See Partnerships.) Articles thereof
must be in writing, acknowledged by the parties and recorded in the
office of the county clerk of every county where partnership shall have
a place of business. The special partner is not liable beyond the
amount contributed to the partnership funds, but has nothing to do
with the management or conduct of the business; otherwise is liable
as general partner. Special partner's name shall not appear in the
ve
November Lt of year of levy. Tax deed may usue after two years
from da.to of ·ale certificate. Inheritance tax runs from 1 per cent
upward. For all real estate taxes delinquent one year or more. the
county may sell the property by action in court.
Torrens System. Provi. ion is made for registration of land
title, under Torrens ystem, upon application or owner.
Trust Companies are authorized to act as executors, administrators, receiver, agents, etc.
Trust Deeds are seldom used and are treated as mortgages.
Wills. (See Decedents.) Every per ·on of full age and sound
mind may dispose of his property by will, which must be signed by
the testator, or under his expres.r; direction, by some one in his presence
and subscribed in his presence and in the presance of each other, at
his request. by two or mo"e competent ~it.ne. ·e · 1~uncupative wills
are valid when approved by the oath of three witnesses present at the
making thereof, and when the testator, at the time ~ked the persons
to bear witness that such ·was his will. or words of like effect. ~ o will
shall be effectual to pas,; title to any property unless probated. Foreign wills duly pl'Oved and allowed in any state or foreign country
may be probated in this State in any cotmty wherein the testator shall
have real or personal property, on which the will shall operate.
Witnesse . (See Evidence.)
Workingmen's Compensation. ( ee Employers Liability.)
firm.
Married Women. (See Decedents, Evidence, Exemptions, Marriage.) May contract, bargain, sell, and convey their separate proPerty in the same manner as may a married man, and retain ownership
and control of their own property notwithstanding the marriage.
May sue and be sued, carry on trade or business a.s if unmarried, and
earnings of any married woman are her sole and separate property.
Mortgages. (See Actions, Acknowledgments, Courts, Dower,
Limitations, Chattel Mortgages.) Mortgagor, regardless of stipulation contained in mortgage and in the absence of special agreement,
which must be in a separate writing, retains legal title and right of
possession of property. In case of assignment of mortgage it is safer
to record the assignment. If note secured by morto-age is negotiable
assignment need not be recorded. Relea e may be by separate instrument or upon the mortgage records in register of deeds office. and if
mortgagee, after mortgage fully paid, neglects or refuses for seven
days to discharge such mortgage, he is liable to a penalty of $100 and
all actual damages suffered by the other party. Mortgages can only
be foreclosed by suit, and after foreclosure suit commenced no action
can be maintained at law upon the debt, unless authorized by the
court and if action be first commenced at law, cannot forecJose the
mortgage until judgment obtained and execution returned thereon
unsatisfied. After decree of foreclosure of mortgage obtained, defendant may stay further proceedings for nine months by filing a
request for stay in the office of the clerk of the court within twenty
days after such decree entered. Such stay is equivalent to redemption
period allowed ln other states, and owner may redeem at any time
before confirmation of sale. Deeds are held to be mortgages when
intended only a.s security, and must be foreclosed same as mo~tgages.
Mortgage must state actual consideration where it exceeds SlO0.
Negotiable Instruments. (See Notes.)
Notary Public. General comm! ion may be issued by governor,
authorizing notary to act in any county of state in which he files
certified copy of his commi Ion and bond with county clerk.
Notes and Bills. All notes, bonds, or bills of exchange, except
bank checks and instruments payable on demand, are payable at
times fixed therein, without grace; are not negotiable unle s drawn
payable to a person, bearer, order. or assigns. If date of maturity fall
on Saturday or Sunday, or a holiday, are payable on the next business
day. Party purchasing negotiable paper before maturity, without
notice, take same free from equitie between original parties. Uniform
negotiable instrument law is in force.
Partner hip. (See Limited Partnerships.) · Must adopt and sign
articles of partnership agreement showing firm name, nature and place
of business, name and re idence of each member, and file same in the
office of the county clerk of the county where busine s is located.
Neglect or refusal to comply with this requirement entail<; penalty,
but does not affect legality of business transacted. Partnership may
sue and be sued in the firm name, and it is not neces.-;ary to set forth
in the pleading, or prove at the trial, the name of the persons composing thti rlrm, but in such event plaintiff must give security for co ts.
Pleadlngs. (See Actions.)
Power of Attorney to convey real estate must be executed and
acknowleli.ged same as deeds and may be recorded.
Practice. Regvlated by code which is patterned after Ohio.
Probate. (See Courts, Decedents.) County court has exclusive
original jurisdiction of ail probate matters.
Promissory Notes. ( ee Notes.)
Proof of Claims. ( ee Decedents, Accounts.) Same rules of
evidence govern as in civil action .
Protest. (See Notes.)
Replevln. Party may recover possession of persona.I property
within four yea.rs after cause of action accrued by filing petition and
affidavit of himself, agent or attorney, giving a description of the
property, stating the facts connected with the ownership, and that he
is entitled to the immediate po esslon, etc., of the property. It is
then seized by the officer and duly appraised, and within twenty-four
hours thereafter plaintiff must give bond in double the appraised value,
conditioned that he will duly prosecute the actlon and pay all co ts
and damages that may be awarded against him, and return the property or its reasonable value to the defendant in case judgment for a
return be rendered.
Revenue. (See Taxes.)
Sales. (See Conditional ale .) Bulk sale of a tock of good by
merchant void without notice to crerUtors.
Security for Costs.
on-resident plaintiff must give security for
costs or furnish ca.sh bond.
Statute of Limitation . (See Limitations.)
Stay. (See Executions, Judgments, Mortgages.)
Suits. (See Actions.)
Summons. (See Actions, Attachments, Divorce, Service.)
Taxes. Taxes on real property are a lien thereon from October 1st
of year of levy. Taxes on persona.I property are a lien thereon from
p
t
t
.A.
SYNOPSIS OF
a
THE LAWS OF NEV ADA
~i
p
cl
I'..ELATLTG TO
BANKING AND COMMERCIAL USAGES
Prepared and Revised by AYRES & GARDINER, Attorneys and counselors at Law, Reno. (See Card in Attorneys' List.)
Acknowledgment . Every mortgage, deed, or other conveyance,
conveyin~ or affecting real estate, hail he acknowledged or proved
and certified a.s follow. : If within this tate it may be a judge 1 =
clerk of a court having a . eal. notary public, county recorder, or
justice of the peace. If without thi • tate. and within the United
tate , by a judge or clerk of a tate. nited . tat s. or territory court
having a. seal. a commi.· ioner of d eds for this .'tatc. or some notarY
pu'?lic or ju:stice of the peace in his county. A justice' certiflcat.i
which is attached to a deed to be recorded out of hi county,
have a certificate of a clerk or a court of record of his county, as ?
hi ignat uro and official character. If out id of the nited state~
the acknowledgment can be had before a judge or clerk of a cour
having a. eal. or a notary public or a mini ·ter. commissioner. or couns_y1
of the United 'tates, th<' certificate of the olllcer taking the ackno,\ 1
edgment shall be annexed to or endorsed on the instrument. and sb;ah
be under hand and . eal except in ca.'-O · of ju ·tice.· of the peace wbd1~
shall be under the hand of . uch justice or the peace and certifle
above stated. 1'he party executing and acknowledging the iustr~;
ment must be b.'llown or proved by oath of witu
to be the prop
party, and the certificate must state .·uch fact.
,
Conveyance by a married woman i. a knowledged in the same
and form a that of a man and ha: the ame eH'ect as if she 8 e
unmarried. The form of acknowledgment by an individual shall b
substantially _a. follow. :
..
. daY
State of • e~ada, County of . . . . . . . . . . . . On this .. • · · red
of. ........... , A. D. . . . . . . . . . . . . . . . . . . personally appe~aY
before me. a notary public (or judge or other officer as the ca 8
be) in and for the ounty of . . . . . . . . . . . . tate of ...... · ·.· · c1·
.......... known (or proved) to me to be the person described to
and who executed the foregoing iru trument, who acknowledge for
me that he (or . be) e. ecuted the same freely and voluntarily a nd
the use· and purpo·e · therein mentioned.
y
In witness wh reof I have hereunto . et my han'1 and affixe1 ~n.
official seal the day and year in this certificate fir ·t above wntt .
. ............... ·otary Public in and for the ( ounty of ... takes
tate of. . . . . ...... , . tor other official name of the officer who
the acknowledgment).
Form of acknowledgment of a corporation.
daY
tate of ~evada. ounty of ............ On this .. · · · · · · ' tarY
of. . . . . . . . . . . D. . . . . . . personally appeared b fore me a fr0 th6
public (or other officer or Judge ao the case may be) in and
wbO
ounty of . . . . . . . . . . . . tate of. . . . . . . . . . (name of par llle to
executed and acknowledge. in trument) known (or proved) to t!lat
be the president (vice-pre. !dent or ecretary) of the corporat!ibat b6
executed the for going instrument and upon oath did deposebe fs aei the officer of aid corporation ~- above designa.t d. that
ed to
quainted with the s al of said corporation and that the s al affl!ignasaid instrument is the corporate seal or aid corporation; that the
mu;
w~!
"°
in
t:
1891
BANKING AND COMMERCIAL LAWS-- NEVADA
tures ~o said instrument were made by officers of said corporation
designated after said signatures; and that the said corporation
executed the said instrument freely and voluntarily and for the uses
and purposes therein mentioned.
Ill; witness whereof I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
.as
~i~l~c im~~1
J~in~hif
~ ~~acir
State ·
the acknowledgment).
Form by attorney-in-fact:
State of Nevada, County of . . . . . . . . . . . . On this .. . ..... day
of.·.· .... ·.· .A. D ......... personally appeared before me a Notary
Public (or Judge or other officer as the case may be) in and for the
County of ......... . .. State of Nevada (name of person who executes and acknowledges instrument) known (or proved) to me to be
the person whose name is subscribed to the wit.bin instrument as the
att9rney-in-fact of .......... and acknowledged to me that he subscribed the name of said .......... thereto as principal, and bi<; own
name as attorney-in-fact, freely and voluntarily and for the uses and
purposes therein mentioned.
In witness whereof I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
of :·. ·. :·. ·. ·.
~g~df1ic~~- who takes
state oi::::::: ~~~~c~/:,1~~; im~~1if~~~1 &~~Jlcirwtio takes tite
acknowledgment).
By the laws of the State of Nevada, any acknowledgment heretofore or hereafter taken or certificate thereof made without this State
~hither in accordance with the laws of this State or in accordance with
t e laws of the State, Territory, or Country where the ack:nowledgmhent is taken, shall be sufficient in this State. Nevertheless a Notary
s ould affix his seal even in those states which do not require it.
The certificate of acknowledgment of conveyance:
A certificate of acknowledgment of any conveyance or other instrument in any way affecting the title to real estate or personal property,
or the proof of execution thereof as provided in tbe laws of Nevada,
signed by the officer taking the same and under the seal of such
Office, shall entitle such conveyance or instrument with tbe certificate
or certificates of acknowledgment to be recorded in the office of the
recorder of any county in this State provided that any State of United
States contract or patent for land may be recorded without any such
acknowledgment or proof.
Actions. (See Suits, Limitations.)
Affidavits. Affidavits ta.ken out of this State but within the
nited States to be used before any court or officer in this State must
e taken before a notary public, a commissioner appointed by the
governor of this State, or a judge of a court having a seal attested by
the clerk. If in a foreign country such affidavits shall be taken before
an !J,mbassador, minister, consul, or vice-consul _of the United States,
0 ! JU.dge of a court in such foreign country havmg a seal.
The genUineness of the signature of the judge, the existence of the court
r~d the fact that such judge is a member thereof shall be certified by
e clerk of the court, under the seal thereof.
Aliens. Persons and corporations, except subjects of the Chinese
E lll.pire, have the same rights as resident citizens and domestic cor.orations, except that foreign corporations must comply with corporaion laws of this State.
_Appeals. Actions tried in justice court may be appealed to distrISt courts where trial is had de novo and can proceed no farther.
Actions in which the district courts have original jurisdiction may be
appealed to the supreme court.
Arbitration. Provision is made by law for the settlement of disP1Utes by arbitration the award of the arbitrators to be filed with the
c .et:k of the district' court and docketed the same as a judgment in
1:ivu action.
h· Arrest. A fraudulent or absconding debtor. or one who concea!s
is J?roperty, or removes or disposes of it with intent to defra1;1d his
rreditors, may be arrested on affidavit of the fact made. surety m not
ess than $500 being given by the plaintiff'. (See Attachlnent.)
~ssignments and Insolvency. Except as aff'~cted _by the
!la~ional bankruptcy act of 1898, the statute respectmg ass~gnment
~ 1D force: Insolvent debtors may be discharged from ~hell' debts
Y complying with provisions of insolvent laws. An a.ss1~nme~t of
iUSolvei:it debtor, not in compliance with insolvent laws. is void as
0 creditors.
Attachment. Writ of attachment may be issued with S?-mmons,
~r. at any time afterward on affidavit and bond. In an action upon
or upon a contract for the direct paymen~ of .money, made,
Judgment
0
br by the terms thereof payable, in this State, which 1s not ~ecured
Y In!)rtg!J,ge, lien, or pledge upon real or personal pr(?perty, s1~uated
0 being m the State; if so secured, when such security n!IS wit~out
ar
· ct or Plaintiff or person to whom given become valueless or 1~ufflcient
~ Value to secure sum due in which case atta.chlnent m~y issue for
ns_ecured portion or excess of debt over value of !>ec~rity._ In an
ftion upon a contract against a defendant not residing m this state.
an action by a resident of the State for the recovery of the v;lu!
"11 Phroperty where such property has been converted by a defen a~
s t out the coru,ent of the owner. Where the defenda;nt h~ a ~nded, or is about to abscond, with intent to defraud his creditors.
not ere the defendant conceals himself so that _erv1ce of summons c~
be made upon him Where a defendant 1s about to remove
ei:ihPerty, or any part thereof, beyond the jurisdiction of tl'!e cour:
t; the intent to defraud his creditors. Wh~re a defendan~ is _abou
to con~rt his property or any part thereof, mto money with mtent
h Place it beyond the' reach of his creditors. ~ere a defendant
e:t ll.Ssigued, removed, disposed of, or is about to dispose _of bfs l?ropW]i' or any part thereof with the intent to defraud his creditors.
o . ere a defendant has fraudulently or criminally contracted a debt
nlsh~~Urred the obligation for whfch sufitttb~~e~i co~e~re~- or°t1i;
ru·
Process may be had in aid o a a.cilli-'e ·. .
co
a.m~rt shall issue the writ of attachlnent upon receivmg a nd mg in
!-tc~aw:-ee
showini
Platn~Y~. by or on behalf of ~he. plaintbur,
beli LU s claim that same is Just, t e amoun
on eves the plaintiff is entitled to recover, and the existence 9f any
'Une of the grounds for an attachment above enumerated, with an
or derta.king not less than $500, and an amount equ~l to one-fourth
(See
Co:~:n)and, but not exceeding $5,000. In Justtice ~ C$o~rs
""" bond must be in amount sued for but no un er O •
f
f
Q1
~!nt
~tate-are regulated and c)otntroll~tb§t!t;t~~:\~j~~
.8'6:e~tkg,
Federal Ranking law. Amended (1915 o per
eserve Bank System.
0
The husband has ~~: ;¥t~r~a~tfs~fu!~t ;a°:e~
8
~ Posttione tY.i°e~?!t,rcePt~rferei~~fter provided, as of nis own
o,Parha.te estate· provid:f. that no deed of conveyance, or mortdgagle,
rdle.'!S of whether a ec a·
'
a. ozne t
ration thes ea.cl as now defined by law,shegJ' be valid for any purpose
~.r
tr~o~v!hances.
:!'nd Wlha·fe oe~:~uy~~~~,~~r:~iii~
~~a~~!· as~~~~a.bo~~efht~1si!n~
now provided by law for t e c
0
~ Ctohll>orauons
The laws of this State a.re substantiallytthbe slll_a.messe
us
to transac
t·ons
.
ose of N ·
1
TK- thi~o~i~\~ ~~Et°&te certified COPY of articf6s
1ninstitute
Qe,'>ig~~Wo0 ra.tion with the secretary of sta.tli~ eansn~ r~t~t~~~~ld~;:,
·
n of resident agent. There is no c
~r
:Jd:-
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
and directors' meetings of Nevada Corporations may be held in or
out of State. There is no "Blue Sky" law. The laws of this Htate
are generally regarded as most desirable in every way for the formation
of corporations to do business in other states.
Curtesy is not recognized in this State.
Courts. Juris<:Jic~io~ .. D~trict courts have ori~inal, statutory,
and common law Jur1sd1ct10n m all cases at law and m equity, also in
!aw, when the title or possession of land or mining claims may be
lllvolved, or legality of any tax, etc., also in actions t,o foreclose
'!'.flechanics' lien; and in all cases in which the demand, exclusive of
mterest, or the value of the property in controversv exceeds $300
and in probate in all cases relating to estates of deceased persons, and
persons and estate of minors, insane persons. Justice's jurisdiction
'
$300, e,cclusive of interest, and attorney's fees.
Deeds. A deed of quit-claim passes all the title that the grantor
has at the date of the conveyance. A deed of grant, bargain and sale
carries with it the statutory covenant that at the time that the
grantor executed the deed, he had not conveyed it to any other
person and had placed no encumbrance upon it. This form of deed
conveys any title that the grantor shall afterwards acquire. A
warranty deed contains a covenant: "The grantor herein will foreve: warrant and defend the title to the premises herein described
a.gamst any and all persons whomsoever claiming the same."
The law governing and form of acknowledgments is titled under
"Acknowledgments."
Depositions. Depositions may be taken within this State before
any judge, clerk, justice of the peace or a notary public, upon notice
to the opposite party of the time and place of taking. Depositions
may be taken out of the State upon commission under the seal of the
court upon proper application, or by stipulation of the attorneys.
Divorce. Divorce from the bonds of matrimony may be obtained
by complaint under oath to the District Court, of the county in
which the cause therefor shall have accrued, or in which the defendant
shall resid~ or be found, or,. in which the plainttlr shall reside, if the
lat~er be eith~r ~he county m W:hich ~he parties last cohabited, or in
which the plamtiff shall have resided six months before suit be brought
for the following causes:
First: Impotency at the time of marriage continuing to the time
of the divorce.
Second: Adultery, since the marriage, remaining unforgiven.
Third: Wilful desertion, at any time, of either party by the other
for the period of one year.
Fourth: Conviction of felony or infamous crime.
Fifth: Habitual gross drunkenness, contracted since marriage of
either party, which .shall incapacitate such party from contributing
his or her share to the support of the family.
Sixth: Extreme cruelty in either party.
Seventh: Neglect of the husband, for the period of one year to
provide the co=on necessaries of life, when such neglect is not 'the
result of poverty on the part of the husband which he could not
avoid by ordinary industry.
Residence is defined as follows:
"The legal residence of a person with reference to his or her right
of suffrage, eligibility to office. right of naturalization right to maintain or defend any suit at law or in equity, or any other right dependent
on residence, is that place where he or she shall have be8'D actually
physically and corporally present within the state or county as the
case may be, during all of the period for which residence is claimed
by him or her; provided, however, should any person absent himself
from the jurisdiction of his residence with the intention in good faith
to return without delay and continue his residence, the time of such
absence shall not be considered in determining the fact of such
residence."
Dower is not recognized in this State.
Executio~s. Stay_of_Execution; Judgments. The laws of Nevada
on these pomts a.re s~a.r to those of California. (see ante), except
that when r~dei:nption .1~ made of real estate, one per cent per month
must be paid m addition to purchase money. When property is
r~deemed fro:m a previous. redemption, which may be done within
sixty days,. his purchase price plus two per cent thereon is required.
Exemption. Homestead, $5,000; the earnings of the debtor tr
earned thirty days preceeding, if it is made to appear necessary 'for
the ~upport of the debtor, ~x!3mpt where debt is for necessaries, or his
family; persona) and_ Illl?mg property, tools, implements, etc.,
exempt same as m Califorrua (which see).
Garnishment. (See Attachment.)
Holidays. Sunday, New Year's Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Fourth of July, Labor Day, October 12th (Columbus Day) and 31st (Nevada admission day). Thanks•
giving, December 25th, and all days of which a primary or a general
election is held, are non-judicial days and are termed legal holidays
and generally observed as such. Also Arbor day fixed by proclamation of governor one month before fixing such date, and is only a
holiday for public schools. Bills of exchange, checks, promissory
notes, and other negotiable instruments falling due upon any ll,oliday
are payat le the day previous.
Husband and Wife. (See Married Women.)
Interest. The legal rate is 7 per cent per annum, but parties may
contract in writing for the payment of any other rate not in excess of
12 per cent per annum. After a judgment on such a contract, only
the original claim shall draw interest, and the rate of interest must
be mentioned in the judgment. Unadjusted accounts do not bear
interest.
Limitations of Suits. Open or store account and contra.ct not
in writing, four years; upon contract or instrument of writing, six
years; actions concerning real property, except mining claims, five
years; mining claims two yea.rs. Judgment, or decree of the district
court, six years; of the justices court, five years. Revivor: Acknowledgment or new promise in writing or payment on account. Judgments become a lien upon real property for two yea.rs.
Married Women. All property of the wife, owned by her before
marriage, and that acquired afterward by gift, bequest, devise or
descent, her segarate property. In Nevada, under the statute of
~I;•
E~~E!~l,•
8ft1
d1~io~f~f tt"e ~~:~u~it\~~!r tg;e~~:nie~t\~!~
other property acquired during coverture by husband or wife, common
property, but controlled by husband. Upon a dissolution of the community by the death of the husband, the homestead set apart by the
husband and wife, or either of them, goes to the wife and minor
children, and if there are no minor children, to the widow. The hus•
band may dispose of one-half of the common property by will, exclusive of the homestead. The other half of the' community property
goes to the wife, subject to administration and debts of the husband
Separate property of wife should be inventoried and recorded. Fan:
:ial~.to do raises prima fa.cie presumption property is not her separate
Mortgages must be recorded. No mortgage of personal property
is valid unless posse'ISion is delivered to and reta.ined by the mortgagee, or unless the mortgage be accompanied by the statutory affidavit of the mo~gagor and mortgagee or some person on their behalf
;,:s1dl~ recorded m the county where the mortgagor and mortgagee
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
BANKING AND COMMERCIAL LAWS-NEW HAMPSHIRE
1892
:Sotcs and Bills of Exchange. The uniform negotiable instrument law has been adopted in t,his State.
Probate. All claims against estat~s of deceased persons must be
filed within three months after the first publication of the notice of
appointment of the executor or administrator. Estates not exceeding
2,000 in value, in the discretion of the judge, may be summarily
administered and in case of summary administration all regular proceedings and notices are dispensed with, except the notice of the
appointment; of the executor or administrator. Creditors of such an
estate must file their claims within forty days.
All estates of husband or father of $500 or less are distributed to
widow or children under age without probate, not subject to any debts.
Sales. The uniform sales act is in force in Nevada. There is
also a "bulk sales" act.
Suits. Practice is under a code, and there is but one form of action
known as a civil action, and commenced by flling complaint, with the
clerk of the court and the issuance of a summons. Service on nonresidents may be had by publication. Per onal service of a copy of
summons and complaint is equivalent to the publication of the summons,
Ta. es are a lien upon the property asses ed and the real estate of
the owner thereof from the firt 1\Ionday in March in each year.
Suits for delinquent taxes may be commenced by direction of the
county commissioners, and there is ri:idemption of real estate sold at
tax sales in the same manner as realty sold under ordinary execution.
·w n1s. WiJJs executed out of Nevada art good here if good where
made.
SYNOPSIS OF
THE LAWS OF NEW HAMPSHIRE
RELATI, 'G TO
BANKING AND COMMERCIAL USAGES
Revised by JoHN R. SPRrno, Attorney at Law, Nashua.
(See Card in Attorneys' List,)
Bank. Banks can bo chartered only by a special act of the legislature. Building and loan a: ociations may be organized a voluntary association·. Once every year a thorough examination sball be
made into the condition and mana!?:ement of every bank, building
and loan association, and trust company in the tate by one of the
three bank commissioners. The commL,;sioner shall on or before
the 1st day of October, annually, file their report with the secretary
of state. They shall ~ive in their report a detailed statement of alt
the items of expense of each institution, with the name of the treasurer and clerks, the salary of each, with the kind and amount of stocks
and bonds held by each, with the par value thereof. ancl the cost and
the market value at the date of examination. The cashiers of every
state bank, and every association or partnership formed for the purpose of transacting uch bu.·ine.' as is u ually tran:acted by banks,
tshall, on the first :\:Ionday of • I rch, June, .::eptembcr nd Derember
in each year, make a statement of it ' condition on sa1 day, specifying in 1-eparate columns the capital stock actually paid in: d 'bts due
the bank secured hy plC'dire of its stock; value of real estate belonging to the banks, amount of debts due from directors; amount of ·pecie
in the vaults; amount of bills of other banks on band , amount or
deposits in the bank; amount on depo It in other banks for the
redemption or its bills; and the amount of bills or the bank then in
circulation; which statement shall be igned and sworn to by thecashier, and returned to the secretary of state. The trustees of savings banks shall make a thorough examination of the affairs of their
respective banks once in every six months. and a report of such
examination, signed by a committee of the trustees, shall be t·eturned
to the bank commissioners, and a copy of the report published in a
newspaper published in the place where such bank is established;
or, if there be no newspaper in such place, then in a newspaper at
the nearest 1>lace.
Bills of E. change. ( ee :Notes, and Bills of Exchange.)
Chattel l\Iortgages. (See :Mortgages.)
Collateral. There have been no statutorv enactments on this
subject. Pledges of stock is not liable as a sto"ckholder, but the general owner is.
Conveyances. Every deed, and lease for more than seven years,
shall be signed, sealed, attested by one witnes acknowledged beforea justice of the peace, notary public. or commi. ioner, and recorded
in the registry of the county wherein the real e::,1ate is situated. Every
power of attorney to convey real estate must be executed with the
same formalitie . Conditional conveyances must state the ·um to
be secured, or the thiug to be performed. Administrators, guardians.
and trustees can convey only by virtue of a license from the probate
court. Sheriff'. deed · ball give full particulars a.,; to the action, and
shall covenant that he has observed all the requirements of law.
Corporation . Voluntary corporations can be formed for any
purpose excepting banking, the construction and maintenance or
railroads, insurance, busine · of making contracts for the payments
of money at a fb:ed date, or the busine of a trust company, surety
i:-iN~~~~ity company, a safe depo'it company, or a trading stamp
Three or more per.·ons may associate themselves by art,icles of
agreement. which must contain the name of the corporation, object
or objects for which it is establiJ bed, city or town in whkh its principal
place of busine. ·s i · to be located, the amount of its authorized capital
stock with nominal or par value, and in the case of a corporation ,vit,b
capital stock or any class thereof without nominal or par value the
total number of shares authorized, and any other provision not
inconsi. tent with law for i dl~solution or for limiting, defining, or
regulating the powers of the corporation, it directors, stockholders,
or any class of tockholders, and shall he . igned by the associates with
the designation of the po ;t office addre~, of each.
Any name may be adopted not in use by any other~ Tew Hampshire corporation or foreign corporation doing bw in · in the ~ tate.
Such corporation may I ue ·t ck with or without nominal or par
value, share being not le: · than ten in number, which may be il sued
from time to time in such amount and for . uch con id ration as roa Y
be authorized by vote. Two or more kind or cl e of stock wit11
preferences may be provided.
, 'tock with nominal or par value shall be not less than $1,000 in
amount, par value or the share· shall not be le.. than 5.00 or more
than 1,000.
After the organization meeting the trea.c:urer and a majority of the
directors. hall make, . ign and make oath to the re ord of organization,
which ·hall contain the original or a true copy of the articles of agree-d
ment, the date or date· or the organization meeting, the names an
addre:s of the officer. and directors, and the original or trne copy of a~
votes pru sed determining the amount of capital stock, the kinclS an
Acknowledgment of deeds or other conveyances of real estate
must be made before a justice, notary public or commissioner, or in
foreign countries before a minister, ambassador, envoy or charge
d'affairs, or before any consular officer of the U. S.; a notary public;
or any of the following officers ha vim~ a eal: a commissioner or otl r
agent of this State having power to take acknowledgments of deed·.
The signature of the grantor must be attested by one witnes,-,.
Certificates of acknowledgment outside U. S. must contain name of
persons making the acknowledgment: date and place; statement that
signers knew the contents of instrument and ach.iowleclg •d a.me
to be his; name of person taking acknowledgment, tltle and eal and
be substantially in form prescribed by statute.
on-re iActions. The common law prevails as to procedure.
dents can institute suit. a re ·ident becoming responsible for costs hy
indorsing the writ or giving bond. Transitory action may be brought
in the county where one of the partie · re ides. If both are nonresidents the action may be brought in any county.
Administration of Estates. Ad1ninistration shall be granted in
the following order of precedure: 1. To executor named. 2. To
widow, husband, or any of next of kin, or their nominee. 3. To one
0
of divisees or creditors. 4. To any other person judge may think
~~~1!i~n~ ~~~ ~~ \1~~tdthe con...,;cleration for
cl~~h [ect~c/,
proper. A non-resident shall not be appointed unless urgent neceswhich stock with nominal or par value is to be issued is of actual
sity demands. An ample bond with resident sureties .·hall be tlh'ld,
0
No suit shall be brought against the administrator within the first
t?ub~lt~v:~uti~rl~~r~~\}eneral, app 0 ':ed
va}t~j~e~o
year of his administration. Claims shall be presented within one
by him and fl.led with the secretary of tate, together with the
year after his appointment, and no action can be brought after two
fee, which is 10 where the capital . tock docs not exceed 10, •vv1
years. Actions are not maintainable against an administrator or an
25 when it does not exceed 50,000; 100 when it doe, not ~xceea
estate, after a decree of insolvency. Estates may be administered
$250,000; $150 when it does n0t exceed 5()(,,000; 250 when it
in the insolvent course, and then a commissioner shall be appointed
not exceed SI,000,000; and IO for each 100.000 above s1,900, 0 f
to examine and allow claims. Preferred claims, to be settled in ru11
The clerk of eYery corporation . hall be and continue a resident
are: Expenses of administration, widow's allowance, charges of burial.
.
the 8tate.
and taxes. Claims for the last sickne shall be paid in full if there
tock may be i, ·ued for Ca!'h, property, real or personal, rigt~,:,'le
remains anything after paying the preferred claims. (See Arbitration.)
,_,_
to
tune
from
ued
i.
be
mav
and
,
e.
expen
or
ervices
es,
franchi
Affidavit.. Affidavits are not admis ible in e idence, bel111~ ex
~
in accordance with the provbions of the :tatute.
pa.rte, but motions are heard upon affidavits presented to the court.
of
~
of
1st
March
before
or
on
return
a
render
must
Corporations
May be made before an officer authorized to administer oaths. ( 'ee
year, ta.ting the amount of its authoriz d capital, the amoun btAttachments.)
stock i 'Ued, number of share , par value thereof, amount of indeedAliens. They are not entitled to vote. An alien may purcha. e,
edne s, value of all it - property and a, et as of the fir ·t of the_pr e c or
hold and convey real estate, and it will descend in the same manner
ing January, and shall pay a filing fee of 5.00. I• ine of .>:00 0
as if he were a native born citizen. When the wife of an alien has
im-prisonment ror five years, or both, or failure of treasurer or director&
resided in the tate six month . separate from her husband, she
eneglecting to file.
acquires all the rights of the wife of a native born citizen.
ll corporations shall annually pay to the ta.to a fee equal .to onn
za~k•
orgam
of
record
original
its
filing
upon
paid
amount
the
fourth
Arrest. No female can he arrested in any action founded upon a
'
plus one-fourth of additional payment! for increases in capita1 8
contract or upon a conditional sale of clothing; nor can a voter on
fee to be not less than 5.00 nor more than 100.
election day, or a defendant in a real action. The sheriff is exempt
from arrest. (See Attachments.)
Courts. The uperior court bas original juri. diction over all c~fo~
Assignments and Insolvency. A ignments for benefit of crediThe supreme cour decide,,. qu ·tions of law upon bilb of, exce~verY
tors to be fl.led in the probate court of the county ,n which debtor
• tioD
101~
tran ·rerred from the uper1or court, and it hold. it
resides. The provision of the law upon thL subject are suspended ' month, except July and Augu ·t. Probate cour · have jurJ.S~~ane •
by the United tates bankruptcy law.
tates, mip(?rs, \ real
over es tat es of tlec ed per. ons. iru;oh·ent
persons, adoption::s, change of nam , trw;te , and partmon rrent
Attachments of all real and personal property may be made on
estate. Dbtrlct police couru and justice of the peace have.con~(!es of
the original writ, and constitute a valid lien on the property for thirty
jurisdiction with the uperior oourt up to 100 (e;·cept m ~ti 5()0)
days after judgment, within which period the execution mu. t be levied
ent
50,000 or more population they have civil jurL<;dlction up.
to preserve and perfect the lien. All attachment. take precedence
when the title to real tate i not invoh•ed, and can render J~all
in order or priority, except in case of liens of bt ·1cters, contractors,
upon confe ·ion up to 200. The term! of the superior co ount1
etc., when they take precedence in the order or priority of the lien.
be held in each year at the time. and place following: For th :~d tbe
Trustee process (analogous to garnishment in other states) may be
or Rockingham, at, Exeter, on the thll'd Tu day of Ja!}uai;f esdaY of
used to reach money or credits of the defendant in the hands of
third Tuesday of April. and at Port mouth on the third Ihn second
another. Save as against claims !or necessaries the wage of the
For
October. For the couuty of trafford, at Dov r, on t e
defendant up to $20 are exempt from such process. In action on
Tuesday of February, and the third Tuesday of esdepte 01 ~fr.Marcb
contracts where debt exceeds 13. 33. defendant may be arrested on
property
his
at
arroll
concealed
a{
has
Tu
first
affidavit of plaiDtiff that he (defendant)
the county or Belknap, at Laconia, on the
and the first Tuesday of ·ovember. For the county do T esdaY of
leave the State to avoid payment of his debts. (See
u
Ossipee, on the third Tuesday or May, and the secon
:~11
/:{;11~(lft~
tlJWo~
g~
°
~:3
BANKING AND COMMERCIAL LA WS- - NEW HAMPS!-!IRZ
November. For the county of :M errimack, at Concord, on the first
~uesclay of April and the first Tuesday of October. For the county
of ITillsl>orou~h. at l\lancbester, on the first Tue. day of January, and
t he tlrst Tuesday of May, and at Nashua tht1 third Tuesday of Sept eml>er. For the county of Cheshire, at Keene. on the first Tuesday
of April and the first Tuesday of October. For the county of Sullivan,
:at ~ ' ewport, on the second Tuesday of :\Iay and the . econd Tuesday
-Of ~ Tovember. For the county of Coos, at Lancaster, on the third
Tuesday of April; at Colebrook, on the flrst Tuesday, of eptember,
nd at Berlin, on the first Tuesday of December. For the county
of Grafton, at Plymouth, on the second Tue ·day of ,:\lay and the
econd Tuesday of _ ovember; at Haverhill, on the third Tuesday
of March and the third Tuesday of September; at Lebanon, on the
third Tuesday of April and the third Tue day of Oct,0ber.
Days of Grace. None except on sight drafts.
Depositions. The party proposing to take depositions shall give
the opposite party a four days' notice, of which the following is a form.
"To A. B. C., of etc., or ........ att'y of record: Depositions will
be taken at the office of . ....... , in . . . . .... . . , in the County of
. . ...... , and State of ........ , on the . . ... . day of . .... ... . . 19 ..
at ..... o'clock in the ...... noon, in which action . ... .. is pl.fr.
nd .... . . is deft., to be heard and tried at the ........ .. Court to
be holden at ........ , in the County of . ....... , on the ...... day of
.......... , 19...... Dated at ........ this ........ day of ... . 19 ..
....................................... Justice of the Peace."
One extra day's notice to be given, up to twenty days, for each
twenty additional miles. They are taken before a justice of the
peace or a commissioner. They can only be taken by written questions
and answers proposed by counsel and administered by the magistrate. Objections are minuted on the deposition by the magistrate,
but he does not pass upon the validity of uch objections. Depositions shall be signed by the deponent, and he shall be sworn to testify
to the truth, the whole truth, and nothing but the truh. They must
be enclosed in an envelope and sealed up by the magistrate, with the
following endorsement:
'' To the Supreme Court:
Enclosed is the deposition of .......... to be used in the action
of .......... vs ............. .
Sealed up by me ........... .
Justice of the Peace."
They should then be mailed to the clerk of the court where they are
to be used. No deposition can be used in a jury trial unless taken
before the Tuesday next preceding the Tuesday on which the term
<:ommenceti.
A copy of the notice with the affida,·it of service must be annexed
to the deposition. The following is a fonn for the caption of the
~eposition:
" State of ...... • • • • · · • } ss
·
County of............
Persona.Uy appeared before me, a Justice of the Peace within and for
said County the within named .............. , on the ........ day of
.......... ,' 19 ... , at .... . o'clock in the ...... no.on, a~ the office
of .......... , .......... Street, in ............ , m said County,
and made oath that the annexed deposition by him ub cribed contains the truth the whole truth, and nothing but the truth relative
o the cause for which it was taken. Said depo ition is taken at tbv
...... request of .......... of ....... . ............ , to be used
in the ................ Court, in an action now pending (or to be
~ntered) in said Court, wherein of, etc., is pl.fr. and of, etc.. i~ deft.
The taking of said deposition was begun. at ......... o'e:lock m the
• . . . . . . noon of said day, and was contmued until finished. The
said ... .'...... was (not) present and did (not) object.
Dated at said .......... this ........ day of .......... 19 ..... .
.................. Justice of the Peace"
f
Descent of Property. The real estate ubject to dower or curtesy
and homestead shall descend in equal shares as follows: 1. To the
Children and to the legal representatives of such of ~hem as are dead.
2. If there be no issue, to the father and mo~her m equal s~ares, if
both are living, and to the father or mother, if one of them 1s dead.
.3. If there be no issue or father or mother, m equal shares to t~e
brothers and sisters or their representatives. 4.. To the ne~ of kin
in equal shares. If a person dies under age, his e tate. derived b_y
descent or devi. e from bis father or IJ?,Othe~. shall descend to ?,IS
brothers and sisters or their repre entatives, if any, to the exclusion
Of the other parent'. No representation allowed beyond the degree
of brothers' and si1:;ters' grandchildren. The personal estate sl?,all be
distributed as follows: 1. To the widow, her shar~ according tof
law. 2. To the same persons who would take as m the case o
realty, The widow is entitled, in addition to her dower and hometltead, to one-third or one-half of the per onalty, 9:5 she do.es or does
not leave issue surviving, and she bolds the same mterest i~ ~he real
~state, by- releasing her dower and homestead, and by waivmg _any
Provision in the will in her favor. In case the real e ta.ta (prov1_ded
no Issue survives) does not exceed $5,000 in value, th~. urv1yor
husband or wife, take the whole thereof. The same prons~on eXISts
as to distribution of the personalty. As to any bala.J?c.e abo,e 5,000,
the distribution is made according to the other provi ions _of th~ la;',
A surviving husband has the . ame rights m S 1s
~ above set forth
estate that ·a wife would have in her husband's estate. ( ee
ower.)
Oower. A widow is entitled to <3:ower in the real estate ?f :Which
husband died seized, excepting m l~nd not under cult!, ~tion or
bn a wood lot not used in connection with a ~arm. hThe dow: ~aa
8 assigned by metes and bounds, and the widow . as aJ?, un v1 e
he
tlet third part of the rents and profits until dower i assigned.
lllay be endowed with so much of the real estate of her late l!usband
as Will prociuce a. yearly income equal to one-third of_ th~ total mcomef
ln:Vldence. Persons are not exc!uded from t~e;ti~'J~n~!~!:: ~r
d d •
•
gu rest, except where the party lS an execu
th:rman of insane, and the subject of ~he;::i~Y~r~I1~~rr~l~g~.!
the in ane person elects to
e1ecu~ of the. qeceased, or pnoclir. to t
h t • •ust·ce may be
testify r, adnun1strator or guar an o
done b' or, when it. is clearly sho~n to tbfe cof~!rs~nlilJ Hdsband and
t as to
wu Y the exclusion of the testunony o sue h 0 h
violai:natt:re co"?,pet~nt witne_ss~s for or againit :i~ht !e!~·
dent may
tio rs, which m the op1mon of the cour •
tesiirir ;n~al confidence. In crimintl rrii:~ffr~f~~poConviction
ir au in&.mo~~i::i:hd::esi~~f :!~cihe p~rty from giving e,idence but
t~:rs Upon his credibility. The rules of common law govern generally
adriilssibllity of evidence.
r}fe's
rer
2
;!tt8ife
tt:~J;~~;!1tefi~
at
of
ar~~![Utions may be taken twenty-four hours
8UJ:>erfournable before justice' _and policer co~ \Vrit of possession
ranted by the
Issued r court, at the next trial term O . co ·· b
ttr~ugh accident,
COurt ,:~ty da;ys after judgment. A_ re;ie;
ken under execution may
~take en in.Justice appears to have
be l'ed • or misfortune. Real property a
eemec1 within one year.
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
f :f:Je
1893
Exemption-. . Homes1,ead to t lrn value of $/'iOO; necessary apparel
and bedding and household furniture to the Yalue of $100: tlihles and
school books in use in the family, libra1') to the value of $200; one
cow. one hog, and one pig, and porl, of same when slaughtered; t-ool::i
of occupation t,o the value of $100; six sheep and their flecr·e ·. one
cooking stove and its furniture, provisions and fuel to the value of
i50, and one sewing machine; one .•oke of oxen, or a horse, when
required for actual use; domestic fowl· not exceeding . 50; one pew,
one lot in a cemetery, and hay not exceeding four tons.
Fraud. Aside from criminal frauds, the superior court, in the
exercise of its equity functions, has jurisdiction over frauds.
Garnishment.. Known to our law as trusteeing. Any personal
action except trespass, defamation of character. and malicious prosecution , may be begun by trustee process. Trustees are not cha1·geable upon default. Wages earned after the service of the writ are
not held by the process. Twenty dollars in wages are exempt as
against all claims except for necessaries. (Subject to passage of
penuing legisljLtion-l!H3.)
Holidays. (See table, page 13.)
Husband and Wife. They may make ante-nuptial agreements
which can be in lieu of dower, homestead, and distributive share. (See
Arrest, Aliens, Descent of Property, Dower, Divorce, Married \Vomen,
and Wills.)
Interest. At the rate of 6 per cent per annum. If an~• person,
upon any contract, receives at a higher rate than 6 per cent, he forfeits three times the excess paid, to the person aggrieved and suing
therefor; but no contract is invalidated by reason of any stipulat.ion
for usurious interest; the money actually advanced may be recovered
with legal intere, t. Interest upon all judgments is at the rate of 6
per cent per annum. Interest upon unpaid taxes is at the rate of
10 per cent after the first day of December following their assessment,
until sale of property taxed, and 12 per cent thereafter until time or
redemption. Upon current accounts interest commences from date
of demand for payment, unless controlled by the custom of trade,
which is a Question of fact to be determined by a trial thereof.
Judgments are not a lien upon real estate, except when attachment is made on the original process, when a lien exists for thirty days
after judgment. Six per cent annual interest allowed on judgments.
In actions on mortgages the judgment is conditional, that if the
~~~t~~irs~!l!
t~e v~hl~unju~~~n{~~~~~~d~~¾i~:1ge°t~tt~~/~1
the term of the court where the action has been disposed of.
Liens. Besides the common law lien the legislature bas provided
for a lien upon all the effects and baggage of a boarder; also liens or
the pasture of horses, cattle, sheep, or other domestic animals. A
person who may have performed labor or furnished material toward
building, repairing, fitting or furnishing a vessel shall have a lien
thereon for the space of four days after completion. A person who
may have furnished a monument or tablet, or curbing, shall have a
lien thereon. And a person having a lien on personal property, when
no time is limited for the payment of the debt, may sell the same at
auction, fourteen days' notice of the sale being required, if the value
of the property exceeds $100, and a sworn return of said sale shall be
recorded in the office of the town clerk.
Limitations of , uits. Accounts and simple promissory notes six
years after maturity; judgments, sealed instruments, and notes secured
by mortgage, twenty years. Time of debtor's absence from the State
is excluded. Verbal acknowledgment and promise to pay is sufficient
to revive the debt. Action against administrators limited to two
yea.rs.
Married Women retain all property owned by them before marnff~ui~a~i~~~~iet:t:~i':8;;":di~~;.t!~e~~eNtu!~~~~~lroimhe~~
contracts in relation to such property are valid and binding, and all
their other contracts are binding, except those as sureties or guarantors
for their husbands, or for and in behalf of their husbands. Upon the
death of wife, the husband is entitled to substantially the same share
of her estate as she would be of his estate in case of bis death. (See
Descent of Property.) They are liable for debts contracted while
single, and their property may be attaohed to pay them. They are
also liable for their torts before marriar(e in relation to their separate
property. The husband is not ia ble for the wife's ante-nuptial debts .
and cannot convey his improved real estate so as to bar bis wife's
right of dower and homestead without her consent. Married women
of the age of twenty-one years may dispose of their property by will,
but not to affect husband's rights, nor can they convey so as to deprive the husband of his right.
Mortgages. Real Estate. A conditional conveyance shall be
ineffectual unless the sum to be paid, or the thing to be done, Is stated
in the conveyance. All mortgages shall be signed in the presence of
witnesses and acknowledged before a justice of the peace or a. notary
t°n.S:
i~r!f!g~~e~[esb~J~reg~~iT~uel'acf!a1e~~~e~g~r
year. 2. ily peaceable entry in the presence of two witnesses
and continued actual possession for one year. 3. By the mortgagee
in po es ion ta.king formal possession under the second method. 4.
By a ale under the provisions of a power of sale mortgage. Mortgages
of personal property, to be effectual, the mortgagor and mortgagee
must take and subscribe the following oath: "We severally swear
that the foregoing mortgage is made for the purpose of securing the
debt specified in the condition thereof and for no other purpose whatever, and that said debt was not created for the J?urpose of enabling
the mortgagor to execute the said mortgage, but is a just debt, honestly due and owing from the mortgagor to the mortgagee." The
mortgage must be recorded in the office of the clerk of the town where
the mortgagor re'ides, and in case of the non-residence of the mortgagor, it must be recorded in the office of the clerk of the town where
the property is situated.
Notes and Bills of Exchange. An instrument to be negotiable
must conform to the following requirements: 1. It must be in writing and signed by the maker or drawer. 2. It must contain a.nunconditional promise or order to pay a sum certain in money. 3.
Must be payable on demand, or at a. fixed or determinable future
time. 4. Must be payable to order or to bearer; and 5. Where the
instrument is addressed to a drawee, he must be named or otherwise
indicated therein with reasonable certainty. Its negotiability is not
affected by a provision which authorizes the sale of collateral securities
in case the instrument be not paid at maturity, or authorizes a confession of judgment if the instrument be not paid at maturity; or
waives the benefit of any law intended for the advantage or the protection of the obligor; or gives the holder an election to require something to be done in lieu of payment of money. To charge indorser,
notice of non-payment must at onco be given to him. Time of
Maturity: Every negotiable instrument is payable at the time fixed
therein without grace, except sight drafts. When the day of maturity
falls upon Sunday, or a holiday, the instrument is payable on the next
succeeding business day. Instruments falling due or becoming payable
on Saturday are to be pre ented for payment on the next succeeding
business day, except that instruments payable on demand may, at the
option of the holder, be presented for payment before 12 o'clock noon
on Saturday, when that entire day is not a holiday. (See Holidays.)
gr~~;
?o~
0
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
BANKING AND COMMERCIAL LAWS-NEW JERSEY
1894
Power of Attorney. (Seo Conveyances.)
Probate Law. The ~robate court is a county court, and holds
numerous sessions in various places. Proceedings are beb'Ull by petition and citation issued. The citv.tions are served twelve days before
tho return day. The court may proceed without notice in the following cases. In the probate of wills in the common form; in the appointment of an executor nominated in a will; in the appointment of
appraisers of an estate; in licensing the sale of real estate under $200
in value, or where tho heirs consent in writing; in appointing guardians
and commissioners; in granting allowances; in assigning dower and
homestead, in making orders for suits upon bonds, in changing names;
in appointing trustees nominated in a will. (See Administration of
Estates, Courts, Descent of Property, Dower, Married Women, and
Wills.)
Protest. Notaries public are the proper protesting officers.
Notice of tho non-payment or tho non-acceptance upon residents by
mail is sufficient. (See Notes and Bills.)
Reple,in may be brought to recover goods or chattels in specie.
The question of right of po. ession being in issue, the plaintiff shall
give bond to tho sheriff in a sum not le" than double the value of
tho property to be replevied, to pay surh ctamages as may be awarded
against him. If the defendant shall prevail he shall have judgment
for the return of the goods, and other damages, or for their value.
Taxes become a lien upon the realty simultaneously with their
assessment (April 1st of each year). One year from the day of sale is
allowed in which to redeem land sol( for taxes, costs of sale and
interest at the rate of 12 per cent per annum being added. A succession or inheritance tax of 5 per cent upon inheritances by collateral
heirs, is collected through tho probate courts.
Wills. Every person, including married women, of the age of
twenty-one years, of sane mind, may dispose of their property by will.
No will is effectual to pass property unless it is in writing, signed by
the testator or by some person in his presence and by his expre ·
direction, and attested in his presence by three or more credible witnesses. Can be in typo writing. A seal is not necessary. Foreign
wills valid in the state whore executed may be allowed hero. Every
child or grandchild, or every child born after the decease of tho testator, shall be entitled to his distributive share in tho estate, if not
named in tho will. A foreign will is proved here by the production of
e.n authenticated copy thereof, together with an authenticated copy
of the probate thereof.
THE LAWS OF NEW JERSEY
BANKING AND COMMERCIAL USAGES
Counselor at Law, ... Tewark and
East Orange.
(Seo Card in Attorneys' List.)
Questions in regard to. Tow Jersey law will be cheerfully answered
by this attorney.
MCGLYNN,
AcknowledgIDents of deed are made within the State before tho
chancellor or a ju tico of the supreme court, a ma ter in chancery,
attorney 2t law, judge of the court of common plea , commissioner of
deeds, surrogate of county, or a deputy surrogate, or rc~ister of deeds,
county clerk, or deputy county clerk during his continuance in office:
without the State, before a justice of the supreme court of tho nitecl
States, circuit or a district judge of the same, or a judge or ju,;tice of
tho supremo or superior court or chancellor of the 'ta.to, dhtrict, or
territory, or before any mayor or chief magistrate of any city, borough,
or corporation. duly certified under tho seal of such city, borough, or
corporation, or before a jud!!;e of tho court of common pleas or county
court of such state, district or territory. or com.mi'sioner for • ~ew
Jersey, duly certified, under tho official. eat of such commi.· ioner. or by
a master in chancery. or attorney at law of this. tato. notary public, or
by any officer authorized at tho time of such proof or aclmowledgruent,
by tho laws of the State wherein the same shall be made or taken, to
take the acknowledgment of deeds of lands lying and being in . uch
state. In case the acknowledgment is made before a mayor or chief
magistrate. tho certificate must be attested by the seal of the city; if
before a judge of the court of common pleas or mnty court, or other
officer, it must be atte ted by . eal of such court, and ertiflod by tho
clerk of tho court. If before an officer not enumerated but authorized
as above stated, it must be certified that he ls such officer and
authorized, under tho laws of such state, district or territory, at tho
time of taking such acknowledgment to take acknowledgment· and
0
a ~a!r!~if: c~~c~i;. !~~ng~\~l~fa~!. :of~~i\~~Gc~~~gr~
or chief magistrate. or any ambassador, r,on ul, con ·ular agent.
or other representative of the United States; if before foreign officer
then the proof or certificate must be accompanied by a certificate
under the great seal of such roreign kingdom, etc., that the officer was
authorized. under the laws of such kingdom, at the time, to take
acknowledgments and proofs or deeds or conveyances of lands, tenements or hereditaments ln such kingdom, etc.
Actions. All common law actions are now denominated ·• action
however, does not apply to proceedings upon Preroga-
:i;.:~~ts.thls,
1
of any county, clerk of a court of record, notary public or comnlissioner
of deeds.
Aliens. .. ·o restrictions as to holding property. Foreign corporations, other than municipal, may purchase, use, and convoy roa]
estate in ... Tow Jersey. (1'. L. 1903, Chapter 22.)
Appeals. From justice's court to court of common pleas of county.
From district court to supremo court on question of law or evidence.
From common pleas or circuit court to supremo court. From circuit
or supremo court to court of errors and appeals. Except in first two
or supreme court to court of erTors and appeals. From orphans'
court to prerogative court. From prerogative court, or court of chancery to court of errors and appeals.
Arbitrations may by the submission be made a rule of court, concluding the parties, by the award.
Arrests. In civil actions, upon contract, a debtor may be arrested
under the following circumstances: 1. ·when ho is about to remove
any of his property out of the juri diction of tho court in which an
action is about to be commenced with intent to defraud creditors.
2. When the defendant ha-; property or rights in action which he
fraudulently conceals. 3. When he has assigned, removed, or disposed of, or is about to ac;sign, remove, or dispose of, any of his property with intent to defraud creditors. 4. When ho fraudulently
·o capias will issue except by order
contracted tho debt in question.
of court, judp;_o, or court commissioner.
Assignments and Insolvency. Tho insolvent laws provide for
the discharge of a per 'OD under arro ·t for debt or damages on hisdelivering up all his real and per ·onal pro.11erty to his creditors.
Assignments by debtors for tho bonef!L of creditors must be without;
preference, and all others are void. Debtor must annex sworn inventory. ·wage· of servant , clerks, and laborers up to $300 each
are preferred claims. Assignee must mo list of creditors at the end or
three month , and make dividends at tho next term of court. Creditor
not presenting claim does not share iu tho di\•idend, but retains hisright of action against tho debtor. Corporation may make assignment for tho benefit of its creditors.
Attachment. A creditor may attach the property of a nonre'ident or ab;;conding debtor by making oath to tho fact, and to the
amount of his claim, before any officer authorized to administer oatbS
or aillrmations. Attachments are for tho benefit of all applying
creditor·, but the plaintiff or plaintiff· are to be flr;;t paid tho amounts
duo him or them before division with other creditors. Debts not due
may be proved under any attachment i 'sued, and receive their pro
·o attachment can i..- ·uo against tho members of~
rata dividend.
co-partnership, where one of them reside iu the ·tate, nor againS•
wages or personal property of non-r&ident when said property i.S
exempt by laws of the :::.tato where debtor re·ides, at tho suit of a nont
resident creditor. Garnishment can I.Jo effected only in attach.men
cases. \Yhere capias ad respondendum will issue in an action upon
contract, an attachment will lie; awarded by court or a jud~e there~
Id·ua: !:i~~;df:~1~le,
r!i~ug;l~:~ ;31::o~;g:;:i~~~r
corporation or organization as if such defendant were liable to arredst).
(In actions of tort attachment will i ·uo if summons can be serve ·
(Seo Arrest.) An action may be commenced by attachment up(?ll
proof to court, judge, or court com.mi. ·ioner: 1. That the plainth1
has a cause of action, stating nature a.ud particulars. and that t
defendant absconds from his creditors or is not resident and that sure;
0
11
c~~ti~c~~?e~ ~} a~~~:e~e;t~~ or
~~~taf?o tro~tb~er;~~~k
against the goods of a non-resident in tra.ru;it in tho custody of a courillmon carrier of this or another tato.) 2. That cause of action s •
vivos against heir· or devil:ioes of decedent, and that some of ·uch ai:ewllrnowu or non-resident and there i property of decedent in tb.iS
State liable to answer tho cause of action.
Banks are incorporated under . pecial act. Under cert.1.in condl;
tions may purcha.: e, hold, and convey real e. tate. Have tho salll
general power· and are subject to tho re ;trictions and liabiliti~:; cie,tained iI1 tho general corporation act, so far a· the .·ame are pp!Jc~
EYery bank shall make at lea.:·t four report each year to commiss10~:of bank.in" and insw·ance. These report shall be published in ne are
paper where bank is located. Individual or private banke~ 1, 1 g
subject to the supervision and control of tho department of ba~0
and insurance. ( eo P. L. IbU9, p, 431.)
Chattel :\lortgages. Chattel mortgages to be valid must be j;
knowledgod as deed· and affidavit of tho con.•idoration must be Ill tY
by the mortgagee. They must be rocorded immediately in the cdoi~rewhere tho sale or t ran fer take: place. Jn case how;chold goo
mortgaged, the wife mu. ·t also join.
Collateral.,. A· ecurity for loan , re mlatod by conunorcial Ia"•
Pledges of propert:r to pawnbrokers rcgulat d by statute.
Contracts. The following must be in ritin!!;: Leases for a 10: :
term than three year.·. As igument,·, grant., or surrender. of 1~ d or
Declarations or creations of tr t (do not interfere \\ith 11111~:eci!J
constructive trust ), gran! . and a, ignments of tr1:15ts. ~ tate•
pro~1. e of ox~eutor or adllllllJ"trator to an· er out of h~ own.es e of
Special pronusc to answer for tho debt, d fault, or m1scarria~adeany other person. To charge any person upon any agree111e 1~ot or
upon pronli. e of marriage. Contra.ct or le of lands, tononl nient
heroclitamen or any intere. tin or concerning them. AnY ar~tr&et
not to b performed within one year of th making thereof. tance oC
for the . le of good... of tho value of :;oo or upward (accep ces.sit1'
part of tho goods or payment of part of the price obviates 11:e ch are
of \\Titing); applies to sales for good to be made a· well as ~ch~r
in e. istenco, uul ,; goods are to be made e ·peclallY for Pf sell~~1
and are not uitable for sale to other In ordinary course O tr&C~
bw,incs. . l'romf. e made after coming of age to pay debt conxnis6 to
in infancy. Promise of bankrupt to pay after discharge. P~ brok!~
ommis,;fons d rate ~
pay <'iaim barred by ta.tut of Limitatforu .
or real estat~ agent, authority t-0 ll murt be in writing a~ted sUft
no~
commi. ion ·tated. In case of deb fraudulently c~ntr~
may be brought for recovery as . oon as tho fraud is d1 ove
Must bet
with tanding debt may not be due.
sually bargain and sale or warrantY·ay be takeJI
Conveyance .
acknowledged to be recorded. Acknowledgment of wife Ill
oral ~;.
in presence of husband. ( ee ... tarried Women.)
cori>Orv
Corporation . Corporations are formed under th~1
however, insurance, saro deposit or trust companies, ba~
!
JP~t
RELATLTG TO
g~ig;:·
b~~~~~h~fs~~~eRi6:~~u~a~~~~~g::,• c~iy a~1;;ffe...ac~or1! ;; ~u~~~ai~
i~?:c::~;;-;~til1
SYNOPSIS OF
Revised by EDWARD R.
Administration of El!ltates. Wills are proved before tho ordinary
of the Sta.to, or tho surrogate of the county, and letter· to ·tamentary
are granted. In case there is no will, lotter' of administration are
granted. Should there be a. contest of tho will or dispute as to theright of administration, tho orphans' court has power to act. This
court is also the proper tribunal for all di,putes in matters of estates•.
ls tho auditor of all accounts, and ha varied powers in matters regarding estates, such as the right to appoint trustees under a will, partition
whore minors are interested in lands, etc.
Affidavits in tho state may be taken before the Chief Justice.
of the United States or any associate Jw tico of the Supreme Court
of the United States, tho Chancellor, Vice Chancellor, a judge of any
court of record, master in chancery, attorney at law of .1.~ew Jersey,
r
rec1:
J;;
BANKING AND COMMERCIAL LAWS-NEW JERSEY
tions, savings banks, railroad companies, or turnpike companies, or
such other companies which intend to derive profit from the loan or
0
~~~
0
~:~t
;;;~h
1~tc!~~~~t!ctpu°n~~~s~eecf~f1;.~i~t;~Jn°:
Pa'iici.
companies. The certificate of incorporation shall be signed personally
by all subscribers to the capital stock and set forth : 1. 'l'he name
of the corporation. 2. The location of its principal office in the State.
3. The object or objects for which the corporation is formed. 4. The
!~t
~1fi~~
0
if
J~~e;Y;~gr;~;h
s1~ioo~aE!afu~i~~
bti\:~s
;~°c1ti°!h~ii
same is divided. and the par value of each share. The amount of
capital stock with which it shall commence business to be not less than
$1,000, which may be paid either in cash or property, and if there be
more than one class of stock created by the certificat e of incorporation,
a description of tho different classes with the t erms on which tbe
respective classes of stock are created. 5. The names and post-office
address of incorporators and the number of shares subscribed for by
each, the aggregate of which shall be the amount of capital stock with
which the company will commence business, and shall be at least
$1,000. 6. The period, if any, limited for the duration of the company. 7. The certificate of incorporation may also contain any
provision as to the regulation of the bu iness and conduct of the
affairs of the corporation, and any provision creating, defining, limiting, and regulating powers of the corporation, the directors and the
stockholde!'s, or any class of stockholders, provided such provision
be not inconsistent with the act concerning corporations. Every
certificate and report must give address of .i. Tew Jersey office and name
of agent in charge thereof, upon whom process against the corporation
may be served. Directors shall be stockholders. and shall be chosen
annually by the stockholders. They must be three in number, at
least. The officers are chosen annually, president must be a director.
One director must be a resident of the State of Tew Jersey. By chapter 197 Laws of 1916, rule is changed and none of directors need be
residents of New Jer:,;ey. By chapter 168, Laws of 1920, corporation
may now issue stock without any nominal or par value. Change in
the nature of corporation's business name, amount of capital stock,
classes of stock, etc., may be made by vote of two-thirds of stockholders. (P. L. 1920, p. 343.) Corporation may determine the
manner of calling and conducting all meetings, and what number of
shares shall constitute a quorum. (P. L . 1901, p. 260.) When corporation is insol1ent, remedy is by bill in chancery, the application for
and appointment of receiver of such insolvent company. Laborers
and workmen have first lien upon assets to a limited amount. Liability of the stockholder ceases when shares are fully paid for, or in
other words, a stockholder is only liable to the amount of his unpaid
suhbscription to the capital stock. Foreign corporations are subject to
t e provisions of the general corporation act in so far as the same are
~Pplicable; the provisions of which having been complied with, there
ic~s:~ii~yi~hi~ s:~~~~~re~f :~a~~a~!~t~~f~l~~ r~rr;;ri,a~i~.a c;rf;
Unlawful for a foreign corporation to transact business in this State
until such certificate is obtained. Foreign corporations, other than
municipal, may pm·chase, use, and convey real estate in Now Jersey.
Associations not for pecuniary profit may incorporate under special
1aw providing for such incorporation. A copy of the corporation law
o~ the State. with full forms and instructions for incorporating, is sent
W1t~out expense by the secretar;v of state, Trenton, N. J., upon application. A copy of the corporation act may be bad free upon applicaton to New Jersey Registrat.ion and Trust Company, 525 Main Street,
ast Orange, N. J.
Courts. 'l'erms and .Jurisdiction. Circuit courts and courts of
~Y:~l!_'fi~1~?~:.S.t~~ette~~rt !o~fs
e,
er
s-
re
g
c-
d8
t1
re-
P:~i irot
~~i~gg,~t!i
except that the court of common pleas has no jurisdiction where title
to lands comes into question. The supreme court, holding three
terms a year at Trenton, has also original jurisdiction in all cases, but
must recover $200 to carry costs. Courts of chancery has exclusive
equity jurisdiction, and sits at Trenton. District cour_t jtl!isdiction,
~o-extensive with county, in amounts $500 or under; Justices' court
Jurisdiction co-extensive with county, in amount $200 or less. In
cities where district courts are est blished and defendant or justice
of the peace reside within the limits of said c~ty _the justices' C:O!}rt
has no civil jurisdiction whatever. (See district COUF~ re".}Si~m
P_. 1:,. 1898.) The court of errors and appeals has no origi!Jal Jurisdiction but hears appeals from court of chancery, prerogative court,
supreme court and circuit courts."
Curtesy. (See Dower.)
Days of Grace. Abolished since July 4, 1895, unless stipulated
t 0 the contrary.
Depositions of material witness residing in the State, who is
ancient or very inflrm, sick. about to go out of t,he _. ta~e. or absent
from the State. may be taken de bene esse before a Ju:,;tice of the supreme_ court, judge of the court of comm~>n pleas,. supreme court
co~ssioner, or ma.c;ter in chancery, on notice ~o ad-verse party: _Of
~ater1al witness residing out of tbe State by vu:tue of?, COIJ'!llllSSion
!SSUed out by the court before which the action IS pe~1dm~. either on
lllterrogatories or orally upon notice. The C0!11filISSl!)ner must first
take and sign an oath, "faithfully, fairly, and 1!11Part1ally_to execute
the said commission" before any officer author_ized to take an ~ath.
Such depositions may also be taken before a Judge of tb~ f!Upreme
court, or district court, or court of common pleas, commISs1on~r of
deeds appointed by the governor of the tate of N~w JersfY resident
Where the witness is. on notice of one day, exclusive ~f Sunday, for
ev;ery fifty miles of travel and not less than ten days m all. If the
Witness resides on the Pacific coast, the court fixes the length of
notice. It in a foreign state or kingdom, not less than forty days
notice must be given. (See Jeffery's Law Precedents, p, 260, et seq.,
~nd Dickinson's Ohancery Precedents, p. 217, et seq .. for forms and
instructions.)
~esccnt and Distribution. Descent: ~- T~ children and grandchildren, and so on that is. lineally, ad mfimtum. 2. In .d~fault
of class 1, to brothers and sisters of the whole blood. and then- issue.
3 - In default of classes 1 and 2, to the father and mothi:ir as tenants
bt '.I tJ:ie entirety, and if the mother be dead to the father i~~ fee, unl~ss
he Inheritance came from the mother by descent •. deuse, or gift.
4 · In default of classes 1 , 2. and 3, to the mother m fee unless the
Property came through the father. 5. In default of th~ former
clas..,es, t, 0 the brothers and sisters of the half blood and children of
Stlch, provided the inheritance came from the common blood or by
DUrc.b.ase. 5. In default of all of these to the persons of equal degrees
of c~nsangujnity. 7 _ In default of all above cla~ses to the !3.USb~nd
or Wife if any in fee simple Escheat to State atier all above c~arms
;re. ex.h'austed.' Distribution: 1. One-third to the ht¥lband or widow,
ehil~1due to .!hildren and legal representatives of children. 2. ~f no
dren or legal representatives whole of estate t'? husba~d or widow.
· If no husband or widow all to children, and if no child, nor representative of child equally among parents and brot!1er~ 3:nd s~ters,
rx~ept where intestate a minor then all to parents If livlllg, 1f not
l'7fng, then to brothers and sisters equally. 4. If no hu band or
;ido:", Child, legal representative of child, nor parent, brother or
ste1 • than all to next of kin in equal degree.
»ower. Widow entitled to one-third for life of all t?e lands of
"'.hiCh her husband was seized during coverture, for which she has
fWken no relinquishment or release by deed, properly executed an
c nowledged.
(See Descent and Distribution.)
3
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
l&!:15
Executions issue immediately upon a rendition of judgment, and
are returnable either in term or vacation. An execution and levy
~¥i1~han~~~~Jt~g~:3\et::t8af~1!!t~~J!: a
to the payment of the execution upon which the sale is had. There
is no stay of execution, -except on those which are issued out of justices'
courts. In these comts thirty days are allowed on sums up to $15;
three months up to $60, and six months on all sums over $60, and this
only case of judgment by confession and defendant giving good and
sufficient freehold security. There is no redemption after sale in any
case. Where an execution has been returned unsatisfied, the court
out of which it was issued may, on application of the judgment creditor, make an order compelling the debtor to appear before the officer
named and make discovery on oath concerning bis property. The
judgment creditor shall present to the court a petition verified by
oath, in which he shall state the amount due on said execution, the
return made, and his belief that the debtor has property in his own
right over and above that which is reserved by law. Court may make
order forbidding debtor from receiving or transferring property where
it is sho n he has property or rights in action. Order may also bt,
made against third person owing debtor or having his property in
control, custody, or possession. Arrest on a capias can only be had
in case of fraud or attempted removal or disposal of property with
intent to defraud creditors. Creditor may proceed upon unsatisfied
judgment at law by bill in chancery; court has power to compel discovery, examine debtor, and to preserve and make disposition of
'.l!g~~~j~~~~!;~1:J
e't~rn:
J~l~:1irls ;::~·:~ ~~~aJl~
the~°:!!it ~xe~~~1~
attach the salary up to 10 per cent thereof where it is under $1,000
per annum. But if over $1,000, the judge may ord~r a l&.rger percentage thereof to be attached.
Exemptfons. The lot and building thereon, owned and occupied
by the debtor, being the head of a family, to the value of $1 000 providing that in the debtor's deed it is set out that the property is·
intended for a homestead, or else that notice to such effect is fl.led in
the_ county c!erk's office. Personal propE:rty to the amount of $200,
besides wearmg apparel, owned by a resident head of a family appraised by three persons appointed by the sheriff; and the widow of
family of a deceased person may claim the same exemption of $200 as
against the creditors. Family of absconding debtor may claim exemption of $200 as above.
Frauds. (See Contracts.)
Garnishment. (See Attachment, also Exemption.)
Holidays. Legal holidays are: January 1st, commonly called
New Year's Day; February 12th, called Lincoln's Birthday; Febrqary 22d, known as Washington's Birthday; Good Friday; May 30th,
known as Decoration Day; July 4th, called Independence day; first
Monday of September, known as Labor Day; October 12th, known as
"Columbus Day"; December 25th, known as Christmas Day; Thanksgiving Day, and any general election day. If any of these days
happen on Sunday the holiday is kept Monday. Every Saturday
from 12 o'clock at noon to 12 o'clock at midnight is a half-holiday.
Husband and Wife. (See Married Women.)
Inheritance Taxes-Transfer Taxes. Property in excess of
$5,000 passing to father, mother, brother, sister, wife of son, widow
of son, husband of daughter is taxed at the rate of 2 per cent up to
$50,000; 2½ ptir cent between $50,000 and $150,000, etc.; passing to
a husband, wife, child at the rate of 1 per cent up to $50,000; 1 ½ per
cent between $50,000 aud $150,000, etc. All others, except churches
hospitals, charitable institutions and the like, organized under the laws
of and operating solely within this state, are liable to a 5 per cent tax
on amounts of $500 or more.
All taxes imposed by the act are due and payable upon death of
t~e l?erson from wh~m the property passe~ or is transferred. If paid
w1thm one year a discount of 5 per cent 1s allowed, and if not paid
within one year interest at rate of 10 per cent per annum is added.
,
(See P. L. 1914, Ohap. 151.)
Interest. Legal interest on debts and judgments, 6 per cent.
Usury is punishable by forfeiture of all interest and costs. Interest
on an open account accrues on each item from its date, as at common
law. No corporation can make defense of usury.
Judgments become a lien on lands from time of actual entry, and
so remain for twenty years. Where there are several judgments, that
under which the first levy is made takes priority. Judgments recovere
under which the first levy is made takes priority. Judgments recovered or docketed in the supreme court are a lien on all lands of
defendant within the State. Judgments recovered before a justice
of the peace may be docketed in common pleas. so as to be a lien upon
lands. Decrees in chancery may be enrolled in supreme court; when
so recorded. have effect of judgment recovered therein.
Limitations of Suits. Contracts not under seal, six years; Tort
actions, two years; real actions and judgments, twenty years; notes
secured by mortgage and contracts under seal, sixteen years. Revivor:
Part payment or new promise or acknowledgment in writing. Where
the defe..idant leaves the State the running of the statute is suspended
during such absence.
Married \Vomen hold and control their property, real and personal, precisely as if unmarried. But a ma1Tied woman cannot become an accommodation indorser. guarantor, or surety, except under
certain conditions. (See P. L. 1895, p. 821.) She cannot convey or
encumber real estate without her hmiband, except she is living in a
state of separation from her husband, and there has been no issue of
such marriage, or her husband is unable to join through lunacy or
other mental incapacity, or in case an assent to the same has been
signed and acknowledged by the husband. A married woman may
make a will of her separate estate as if she were sole, but cannot defeat
her husband's interest in her real estate (see note under Dower).
although she can make absolute disposition of her own private personal
property without regard to her husband. A married woman who i an
executrix or trustee may convey lands of testator without husband
joining. A married woman may execute a valid conveyance of life
estate. (See Dower.) A married woman may sue, or be sued, ·w ithout
joining her husband, in any case in which he would be an unnecessary
party if not her husoand.
Mortgages. Unless to secure purchase money, wife must join
(safer to follow this rule. See note under Dower.). A married
woman cannot execute any mortgage ,vithout husband. Foreclosure is by action in equity. Chattel mortgages are absolut,ely
void as agaiust creditors and subsequent bona fide purchasers and
mortgagees, unless the mortgage is acknowledged or proved according
to law and recorded, or unless the mortgage is accompanied by immediate delivery and followed by continued change of possession of mortgaged property. Foreclosure of chattel mortgages is usually eft'ected
by seizure and sale, although may be foreclosed in equity. Chattel
mortgages must have an affidavit alll!exed. setting out the interest of
the mortgagee, consideration of the mortgage, and the amount due
and to grow due thereon, said affidavit to be made by the holder or
his agent or attorney. Chattel mortgages upon household furniture
in the use of the famlly, unless given for the purchase thereof, must be
executed and acknowledged by both husband and wife.
Negotiable Instruments. Regulated by an act entitled. "A
Gener~! Act relati?,g to J?,egotiable instruments (being an act to
establISh a law uruform with the laws of other states on that sub-
N~~P!;f
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
1896
BANKING AND COMMERCIAL LAWS-NEW MEXICO
ew York:
ject)." The act is quite identical with that passed in
Massachusett,s, Connecticut. Rhode Island, Pennsylvania., Maryland,
Virginia, North Carolina, Tennessee, Florida, Wisconsin, .1. orth Dakota
Virginia. North Carolina, Tennee ee. Florida, Wisconsin, North
Dakota. Colorado, Utah, Oregon, and Washington.
Pow<'rs of Attorney for sale of land in which married woman
joins, must contain a full and particular description of the lands, tenements. or hereditaments authorized to be conveyed.
Probate Law. (See Administration of Estates and Wills.)
Replevln requires bond from party issuing the writ. Officer holds
for twenty-four hours, during which defendant may give bond and
retain the goods, when the case proceeds. In the same suit damages
:;~ be recovered. If no bond is given, goods are delivered to plainSuits are commenced by writs of summons, capias, warrant, or at~achment. Service by publication may be made in equity only, and
m common la.w courts, in case of a. foreign corporation, if service cannot be made on officers or agents, directors, clerks or engineers.
Taxes are and remain paramount liens, except as to taxes subsequently assessed. from and after Decemher 20th following asse sment.
Taxes due and in arrear September 1st next after assessment may be
collected by sale of land. Right of redemption extends two years
from sale. Taxes payable one-half on April 1, which if not paid on
June 1, become delinquent on that day. Remaining half to be paid
on or before December 1st, after which ate becomes delinquent.
Transfer of Corporation Stocks. Shares of stock are personal
property, transferable on books, but cannot be voted on if transferred
t"\ienty days before election. Subject to attachment and levy of
e~ecution.
Wills. There are four requisites to make a valid will in this State.
They are: 1. That it be in writing. 2. That it be signed by the
testator. 3. That such signature shall be made by the testator or
the making thereof acknowledged by him in the presence of two witnesses, who shall at his request sign their names as such in the presence
of the testator and of each other. 4. That it shaJl be declared to be
his last will in the presence of these witnesses. Sealing is customary.
SYNOPSIS OF
THE LAWS OF NEW MEXICO
RELATING TO
BANKING AND COMMERCIAL USAGES
Acknowledgnients. (See Conveyances.)
Actions. The practice in this State is the code modified by
rules of court. All civil actions in district courts are brought a
follows: All transitory actions shall be brought in the county where
either the plaintifl', or defendant, or some one of them, resid . or in
the county where the contra.ct sued on was made, or is to be persued
formed, or where the cause of action originated, or indebtedn
on was incurred or in any county in which the defendant, or either
ol them, may be found. in the Judicial district where the defendant
resides. When the defendant has rendered himself liable to a civil
i:1~
th:~ff~~ins.;:!u:1rn:ttt::t
=~~a~{ :.urhe~:~
which the defendant may be found, or in the county where the plaintiff
l'tl8ldea. When suit is brought for the recovery of personal property,
other than money, it may be brought as herein stated, in the county
where the property may be found. When lands, or any Interest
in part, such suit
in lands, are the object of any suit, in whole
shall be brought in the county where the land, or any portion thereof,
i8 situated. Suits for trespass on land shall be brought as provided
for in tramitory actions, or in the county where the land, or any
portion thereof, is situated. Suits may be brought against transient
persons or non-residents in any county of this State.
Admlnl tration of E tates. Letters of administration arc
00
~~~~E1f;:~f !fr.!:
0
Attachment. Creditors may sue their debtors in the district
court or justice of peace court for amounts less than two (2) hundred
dollars, by attachment in the followin~ case:·. to wit: 1. ·w hen the
debtor is not a resident of nor re.c;ides in the tate. 2. ·when the
debtor has concealed himself or ab. conded . or absented himself from
lus usual place of abode in this tate, so that the ordinary process of
law can not be passed upon him. 3. When the debtor is about to
move his property or effects out of this State. or has fraudulently
concealed or disposed of his property or effect ,. so as to defraud. hinder,
or delay his creditors. 4. When tho debtor is about to fraudulently
eJe~:Sw~ 8;o~~
f:l.::J!!, ~e~;i~~· ~~fr<;;JJ, gfsd~~fil'to~t ~~\~J?i°:J\g~
conded or secretly
tracted out of the
tate, and the debtor ha ab
i~:'\J~:n ~~}:;r;~t
it~n~;~p~:~~~~
t}r~~1~!Yc~~d~~~~
whose principal office or place of business is out of this State, unless
such corporation shall have a designated agent in the State, upon
may be made in suit. against the corporation.
whom service e,f proc
7. When the defendant fraudulently contracted the debt or incurred
the obligation, respecting which the suit is brought. or obtained credit
from the plaintiff by false pretenses. An attachment may issue upon a
demand not yet due. in any case where an attachment is authorized,
in the same manner as upon demands already due. The attaching
creditor must fl.le with the clerk of the court a bond with two or more
sureties in double the amount of the claim, and an affidavit sworn to
by plaintiff or some per on for him, setting out the amount of the
claim, that it is due after allowing all just creditors and offsets, and
on what account; and that afflant bas good reason to believe, and
does believe. in one or more of the causes for attachment hereinbefore
set forth. Any person having property or effects of defendant in his
hands may be garnished. The attachment may be dissolved bY
denying and successfully contesting the truth of the ground of attachment specified in the affidavit, and then the suit proceeds as an
ordinary action.
Banks. Any number of persons not less than three may incorporate
a banking company, the capital of which shall be a. pa.id up minimum
of not less than 25,000 cash (not applicable to trust companies,
however). Every bank must maintain a reserve of 12 per cent of Its
deposits, at least 40 per cent of which reserve shall be in cash in its
own vaults.
Bills of Exchange. All bills of exchange shall be due and payable
as therein expressed, and shall have the. ame effect and be negotiable
in like manner and shall have days of grace according to the custom
of merchants. Damage for non-acceptance or non-payment by p_ersons outside the United States 12 per cent upon the principal speclfled
in the bill, with interest on the same from the time of the protest:
if drawn upon a person at a. place in any of the United States, or
territories thereof, 6 per cent with interest. ( ee Bills and Notes,)
Bills and Note are as ignable as at common law, and the assignee
thereof can bring suit in his name. On a Joint and several note,
any one of the makers may be sued. Indorsers are subject to the
same liabilities as at common law. Interest is limited by statute .t~
12 per cent per annum. Days of grace are allowed. Commercia
paper falling due on unday or any legal holiday is, under statute,
payable on the next business day thereafter.
Chattel Mort~age . Personal property of every descripttont,
including growing crops, are ubject to mortgage. All instrumen 8
having effect of chattel mortgages must be acknowledged and recor11
as are conveyance.s affecting real estate. Every mortgage so fl~
becomes void as to ub oquent creditors. purchasers or mortgage
at the expiration of . ix year from filing. In ab ence of contra.rY
stipulation mortgagor retains possession.
!aims must b properly entitled
Claims Ai:: inst I~ tate .
the name of the claimant against the executor or administrator 0 t
the estate, and must be filed within one year from the appointmen
of the executor or adminil trator or they will be barred. The proba~
judge hears and determines claims against the clecedent's estate. ~r
claims filed ancl not xpr(•s. ly admitted in writing by the executor eal
admini. trator . hall be considered as deniod. Claimant· may aPP b8
from the probate court to the di.c;;trict court, which appeal must nd
taken within YO days from the d i,;ion of the probate court, a r
within eighteen months after the appointment of the executo~ ~
administrator. Claim have prefer nee as follows: 1. Expc~Uo1"·
~~f!~v~
"I
Revised by A. B. STROUP, Attorney at Law, Albuquerque. (See
Card in Attorneys' List.)
~\vii'it~
Affidavits. Affidavits to be used In court may be taken before
any person authorized to take acknowledgment .
Alien~. By statute of the Stnte foreigners have the same right
to own and di ·pose of real estate that citizens of this country enjoy,
and property descends to their heirs and is controlled by their executors and administrators lo precisely the same way.
Arbitration. All litigants shall have the right to terminate their
suits. in whatever condition they may be. by means of arbitrators,
the litigants shall enter into an a~reement in ,vriting (the form of
which is provided by statute) to submit their differences to arbitration and the arbitrators shall receive proofs and hear arguments of
counsel, and render judgment as the majority of the arbitrators may
decide, and any of the courts will enforce the decision of the arbitrators
by issuing execution thereon.
A<1sii:nments. Insolvent debtors may make assignments for the
benefit of their creditors. _ o pre ·ercnces are allowed, but the assignment insures to the benefit of creditor· ~enerally, pro rata. The court
may upon proper application compel the ru signee to surrender the
property to a receiver to be appointed b)· the court. Tbe claims of
creditors to be verified by the oath of the creditor, his agent. or attorney. Assignee is required to settle up the estate within twelve months.
~ ~ d ~ ~!ftu1:~~~~ te th:~i~il
decedent are located, and in the absence of all these, in the county
where the deceased died. Letters are granted, first, to the husband
or wife 8Ul'Viving; secondly, if there be no husband or wife surviving,
to those who are entitled to distribution of the estate, or one or more
of them, as the probate Judge shall believe will best manage the
estate; thirdly, to any creditor thirty days after the death; fourthly,
~ t e Judge may select a BUitable person. The probate court has
:ve Junadictlon. and from all its acts an appeal
@FedFRASER