dred dollars, the mortgage, with affidavit annexed stating the amount due and where the property is, may be filed with, and execution issued by, a justice of the peace of the county where the property is found; which justice shall give notice to the mortgagor of the proceeding, and the constable may sell after advertising sale at three or more public places in his district.

Sales to secure Debts. A mortgagor may avail himself of the homestead and exemption laws, and have the mortgaged property set apart, as against the debt secured by the mortgage, unless the debt be one of those which are specifically excepted by the Constitution. Debtors may, however, make securities which pass the title, and which therefore preclude the possibility of defeating the debt by taking homestead, etc. The debtor may now make a deed, with or without consent of his wife, to his creditor, and take from the creditor a bond for title, conditioned upon the faithful payment of the debt. Such a deed passes title into the creditor; and upon failure to pay the debt this title becomes absolute until the debt is paid; but usury avoids the deed.

A party may execute a mortgage to secure a debt, and waive in said mortgage the right of homestead, and the waiver will defeat the claim of homestead as against the debt.

By act of 1881, wherever personal property is sold with condition that the title remains in the seller till the purchase-price is paid, such sale to be valid as against third persons must be in writing, executed, attested, and recorded, as in case of chattel mortgages.

Notaries Public. The power to appoint notaries public is vested in the judges of the superior courts, and may be exercised by them in term-time or vacation. Before entering on the duties of their office, notaries public must take oath before the clerk of the superior court. They hold their offices for four years, revocable at any time by the judges of the superior court, at the end of which time, if continued, they must be renewed on the minutes. The clerk issues to them certificates of their appointment, and keeps a register of their names.

Their notarial acts can only be exercised in the county of their residence and appointment. Removal from the county vacates the office.

For the authentication of their notarial acts each notary must provide a seal of office. No seal is required to his attestation of deeds. He must keep a fair register of all his notarial acts signed by him, together with the date of the transaction.

The fees of a notary public are fixed by law.

They have authority

1. To take the acknowledgments of all writings relating to commerce or navigation, and to witness such deeds and papers as they are permitted to by law.

2. To demand acceptance and payment of all commercial paper, and to note and protest the same for non-acceptance or non-payment.

3. To certify to all official acts when required.

4. To administer oaths in all matters incident to them as commercial officers, and all other oaths which are not by law required to be administered by a particular officer.

5. To exercise all other powers incumbent upon them by commercial usage or the laws of this State.

Notes, Bills of Exchange, etc. Promissory notes are negotiable by indorsement of payee or holder, or, if payable to bearer, by transfer and delivery only. All bonds, specialties, or other contracts in writing for the payment of money or any article of property, and all judgments and executions from any court in this State, are negotiable by indorsement or written assignment in the same manner as bills of exchange and promissory notes. Any person indorsing or transferring a negotiable instrument may limit his liability upon such indorsement or transfer, by express restrictions therein. Acceptance of bills must be in writing.

Every transferer of a negotiable instrument, whether by indorsement or delivery, warrants (by implication) that he is the lawful holder and has a right to sell, that the instrument is genuine, and that he has no knowledge of any fact which proves the instrument to be worthless, either by insolvency of the maker, payment, or otherwise.

The bona fide purchaser of a negotiable paper not dishonored, or of money or bank-bills or other recognized currency, will be protected in his title though the seller had none. If the bona fide holder for value received the negotiable instrument before due and without notice of any defect or defense, he is protected from any defense set up by the maker, accepter, or indorser, except, 1. Non est factum; 2. Gambling, or immoral and illegal consideration; 3. Fraud in its procurement [by the holder thereof). (37 Ga. 66.) The holder is presumed to be such bona fide and for value. If the holder of the negotiable instrument receives it after due, its non-payment at maturity is notice to him of dishonor, and he takes it subject to all the equities existing between the original parties. If there be several notes constituting one transaction, the fact that one is overdue and unpaid shall be notice to the purchaser as to all.

No days of grace are allowed on sight papers.

It is not necessary to protest any commercial paper in this State, for non-payment, in order to bind the indorser, except in the following cases: 1st. When a paper is made payable on its face at a bank or banker's office. 2d. When it is discounted at a bank or banker's office. 3d. When it is left in a bank or banker's office for collection. And in all such cases days of grace must be allowed. (Acts 1876. p. 18.)

The legal holidays are the 1st and 19th days of January, 22d of February, 26th of April,

3d of June. 4th of July, 1st Monday of September, and 25th of December, and other days appointed by the president or governor. Bills maturing on these days are to be presented on the business day next preceding the holiday, except when the latter falls on Sunday, in which case Monday next following is a holiday, and papers maturing on the Sunday before are payable on the business day next succeeding. Those maturing on Monday must be presented on the Tuesday suceeding. When any one of these holidays falls on Saturday the papers due on that day or on the Sunday following, shall be payable on the business day next succeeding, and when they fall on Monday the papers payable on that day are payable on the Tuesday next succeeding. (Acts 1876, p. 18.)

Days of grace are abolished in Georgia. (Acts, 1903, p. 84.)

Practice. The first Code comprising the laws in force in Georgia was prepared by David Irwin, Thomas R. R. Cobb, and Richard H. Clark, and adopted by the legislature of Georgia, to go into operation on the 1st of January, 1863; which Code was revised by David Irwin in 1867, and adopted by the Constitution of the State in 1868. (See Code of 1873, § 5145, Acts of 1858, 1860, 1861, title Code.) In 1873 said Code was again revised and annotated by David Irwin, George N. Lester, and W. B. Hill, and a more elaborate Code was prepared by Lester. Rowell & Hill, and published in 1882. The latest Code was prepared by John L. Hopkins, Clifford Anderson, and J. R. Lamar, and was adopted by the legislature and approved 16th December, 1895. Latest session laws, Acts of 1899. Proof of Claims. Unliquidated demands of non-residents sued must be proved by evidence taken by commission. See Depositions. Claims against existing persons sent to this State for collection by suit should be accompanied by the full name of each plaintiff. If plaintiff be a partnership, the full name of each partner should be given; if a corporation, the precise style of the corporation as appearing in its charter.

No affidavit or deposition of any kind, other than as above, is necessary (except in the case of claims against deceased persons, which see under that head), and no security for costs is required. Accounts and unliquidated demands should always be itemized.

Records. Deeds should be recorded in the office of the clerk of the superior court of the county where the land lies. By act of October 1, 1889, deeds, mortgages, and liens of all kinds take effect only from the time they are filed for record in the clerk's office as against third persons acting in good faith and without notice. The clerk is required under this act to note on the instrument to be recorded the day and hour in which it is filed for record. Mortgages should be recorded in the office of the clerk of the superior court; if on realty, in the county where the land lies; if on personalty, in the county where the mortgagor resided at the time of execution, if mortgagor was resident of this State; if not, then in the county where the mortgaged property is.

Where the mortgage is upon personal property located in some other county than that of the mortgagor's residence, it must be recorded in the county where the property is located at the time of the execution, in addition to the record in the county of the mortgagor's residence. (Acts, 1876, p. 34.)

Mortgages not recorded within the time required remain valid as against the mortgagor, but are postponed to all other liens created or obtained, or purchases made, prior to the actual record of the mortgage. If, however, the younger lien is created by contract, and the party receiving it has notice of the prior unrecorded mortgage, or a purchaser has like notice, then the lien of the older mortgage shall be held good against them. As to requisites for record of deeds and mortgages, see Deeds and Mortgages.

Every marriage contract, and every voluntary settlement made by the husband on the wife, whether in execution of marriage articles or not, must be recorded in the office of the clerk of the superior court of the county of the husband's residence, within three months after the execution thereof. Otherwise bona fide purchasers, creditors, and sureties without notice, who become such before the actual recording of the same, may proceed against the property. If such contract or settlement is made in another State, and the parties subsequently move into this State, the record must be made within three months from such removal. If the property settled be in this State, and the parties reside in another, then the record must be made in the county where the property is, and within the time specified

above.

Redemption. There is no redemption of property sold under execution in Georgia, except in case of tax executions elsewhere referred to.

Replevin. There is no action of replevin in Georgia. Instead, we have an action by possessory warrant, in which the right of possession of personal property is the only issue tried; and the common law action of trover, in which the plaintiff may have an alternative verdict in damages to be discharged on delivery of the property. Upon affidavit by a party, his agent or attorney in fact or at law, that a personal chattel has been taken, enticed, or carried away by fraud, violence, seduction, or other means, from the possession of the party complaining, or that such chattel, having recently been in his quiet, peaceable, and legally acquired possession, has disappeared without his consent, and, as he believes, has been received or taken possession of by the party complained against, under some pretended claim and without lawful warrant or authority, and that the complaining party does in good faith claim a title to or interest in such chattel or the possession thereof, a judge or justice may issue a warrant for the apprehension of the defendant and the seizure of the chattel. On the hearing the judge or justice may award the property to the plaintiff or defendant showing the best right to the possession, requiring good bond and security in double the

value of the property, and hire, if any, for the production of the property under judgment or decree of the court in a suit at law or in equity therefor commenced within the next four years. The defendant, failing to produce the property upon the issue of the possessory warrant, may be committed to jail unless he satisfies the court the property has been in his quiet and peaceable possession for four years. See Arrest.

Reports. - There are one hundred and sixteen volumes of the Reports of Decisions rendered by the supreme court. The first three volumes are known as Kelly's Reports; the rest, from the 4th to the 116th, are cited as "Georgia Reports." These reports were published by the following reporters: Kelly, Kelly and Cobb, Cobb, Martin, Lester, Bleckley, Hammond, Jackson, Lumpkin, Peeples, Peeples & Stevens, and Stevens & Graham. They increase at the rate of about two volumes per year. In addition to the above, the following reports have also been published: Charlton's (T. U. P.) Reports, from 1805 to 1810, 1 vol.; Charlton's (R. M.) Reports, 1811 to 1837, 1 vol.; Dudley's Reports, from 1821 to 1832, 1 vol.; Georgia Decisions, parts I and II, 1842 to 1843. These latter reports comprise the decisions made by the district judges previous to the establishment of a supreme court. Digests of the reports have been published by the following gentlemen: Cobb and Lumpkin, 1 volume, comprising 1 to 3 Kelly and 4 to 10 Georgia Reports, with the two Charltons' and Dudley's Reports, and the Georgia Decisions, parts I and II; John M. Millen, Esq., of Savannah, 1 volume, comprising 10 to 20 Georgia Reports; A. O. Bacon, Esq., of Macon, 1 volume, comprising Georgia Reports from 21 to 30, inclusive; also by the same author, in two volumes, a complete digest of the reports from 1 Kelly to 40 Georgia, inclusive; N. F. Harris, Esq., of Macon, 1 volume (continuing Bacon's Digest); from 41 to 50 Georgia, inclusive. An Analytical Index to the Reports from 1 Kelly to 40 Georgia has also been published by Henry Jackson, Esq., the late supreme court reporter, and another by N. E. Harris from 40 to 62; also Van Epp's Digest, from 61 to 82, and Van Epp's and Aiken's Digest from 1 to 100.

Revision. See Practice.

Service. -If returnable to the superior courts, the sheriff or his deputy shall serve a copy of the petition and process (which shall be filed in office twenty days before court) upon each defendant residing in the county, at least fifteen days before the first day of the term, and within five days from the time of receiving the same, and make an entry of such service upon the original petition, and return the same to the clerk.

In the court of ordinary, notice is usually given the defendant by published citation; but if, under the law or in the judgment of the ordinary, other notice is necessary, then the ordinary shall cause a copy of the petition, with a notice of the time of hearing, to be served by the sheriff or some lawful officer, at least ten days before the hearing, and an entry of such service shall be made on the original petition.

In the justices' courts, suit is commenced by written summons, a copy of which shall be served by any constable of the county in which the suit is brought, at least ten days before the first day of the term.

In all cases, leaving a copy at defendant's residence shall be sufficient service.

The defendant may acknowledge service and waive process, in writing, signed by defendant, or some one by him authorized.

Stay of Execution.- Execution issued from the superior court may, within four days after the adjournment thereof, be stayed for sixty days, by defendant giving bond with good security for the payment of the amount and costs within that time.

Execution issued from the justice's court may, within four days after the adjournment thereof, be stayed by the defendant paying all accrued costs, and giving bond and good security for principal and interest due; said stay to be for sixty days, if the principal be more than thirty dollars, and for forty days if the principal be less than thirty dollars. Constables may sell property levied on by them on regular justices' court days, after advertising ten days.

Supplementary Proceedings - Are unknown.

Tax Law. - Property is liable for assessment for state and county taxes on a day between the first days of January and April, fixed annually. Taxes are payable on the first of October, and lien therefor attaches from prior date. Liens of municipal corporations attach from time of assessment. The returns of all railroad and insurance and express companies, and agents of foreign companies, authorized in this State, shall be made to the comptrollergeneral by the first day of May in each year, and the taxes thereof paid to the state treasurer by the first day of October, and not later than December twentieth of each year. All other companies or persons taxed shall make their returns to the receiver of tax returns of the respective counties. Real estate is returned in county where located; other property at taxpayer's domicile. Sales of property for taxes are regulated by the same rules governing judicial sales. Owners of wild or unimproved lands are required to make returns to the comptroller-general or to the tax receiver of the county where the land lies. If the tax on such lands is not paid, the comptroller-general, after giving sixty days' notice by newspaper publication, is required to issue execution for such tax, under which the sheriff of the county where the lands lie is required to sell the same. In other cases tax sales must be advertised thirty days; and in all cases, whether for state and county taxes, or for municipal taxes, tax assessments for paving streets, laying sewers, etc., one year is allowed the owner to redeem the land sold; he paying the purchaser the purchase-money and ten per cent. premium thereon and costs.

Testimony. The rules of evidence are ordinarily the same as those at common law. The only difference worthy of remark is, that parties to suits and persons interested are permitted to testify, except where one of the original parties to the contract or cause of action is dead or insane, or where an executor or administrator is a party, on a contract of deceased, in either of which events the opposite party cannot testify.

Trust Deeds-Are executed and recorded as other deeds. See Mortgages.

Wills. All wills (except nuncupative wills) disposing of realty or personalty must be in writing (typewriting is sufficient), signed by the testator or by some person for him, in his presence and by his express directions; and must be attested and subscribed in the presence of the testator by three or more competent witnesses. A witness may attest by his mark, provided he can swear to it; but one witness cannot subscribe the name of another, even in his presence and by his direction. Wills executed by persons residing without this State, disposing of real or personal property in Georgia, are admitted to probate in any county in which such property is situated, provided the will is in writing and executed according to the laws of Georgia, the probate being subject to the same defenses and objections as in cases of domestic wills. Any foreign will, which has been admitted to probate in the State of the United States where the testator resided, may be admitted to probate in this State upon production of the probate proceedings certified according to the act of Congress, subject to the right of parties interested to resist probate on any proper grounds. A foreign will properly probated in a country without the United States, where testator resided, may be admitted to probate in this State, subject to the right to resist probate, upon production of a certified copy of such will and authenticated copy of the proceedings, under the seal of the court. A foreign will is not valid as to realty in Georgia unless executed as required by the laws of Georgia. Such will executed according to the law of the place of execution is valid as to personalty in Georgia. A minor over fourteen years of age can dispose of property real and personal by will. Nuncupative wills must be proven by the oath of at least three competent witnesses present at the making thereof. Testator must have requested the persons or some of them to bear witness that such was his will. The will must have been made at the time of the last sickness of the testator, and at his home or where he has resided for at least ten days before making the will, except where he was surprised by sickness away from his home and died before returning. Application for probate of such a will must be made within six months after the death of the testator, and the substance of the will must be reduced to writing within thirty days after the speaking of the same. Any person leaving a wife or child or descendants of children may not devise more than one third of his estate to any charitable, religious, or civil institution, and such devise must be made and executed at least ninety days before the testator's death. A testator, by his will, may bequeath his entire estate to strangers, to the exclusion of his wife and children, but in such case the will should be closely scrutinized, and, upon the slightest evidence of aberration of intellect, or collusion or fraud, or any undue influence or unfair dealing, probate should be refused.

LAWS OF IDAHO

RELATIVE TO THE

COLLECTION OF DEBTS,

TAKING OF DEPOSITIONS, ETC.

REVISED EXPRESSLY FOR HUBBLIL'S LEGAL DIRECTORY, DECEMBER 1, 1906, BY WOOD AND WILSON, OF BOISE, IDAHO.

[NOTE. The references are to sections of the Revised Codes of Idaho, 1901.]

Acknowledgments.

See Deeds.

Actions. An action must be prosecuted in the name of the party in interest save where a guardian, executor, administrator, trustee, or party authorized by statute, sues. (Code Civ. Proc. §§ 3155-3157.) Assignee sues in his own name.

A married woman may sue and be sued in the same manner as if she were single, and the husband is not chargeable in any manner with the wife's costs or other expenses of suit, except in actions between the husband and wife. (Session Laws 1903, p. 344.)

Practice is under a code, and all actions are instituted by filing complaint. Any person interested in the result of the action may be made defendant. Summons issues at any time within one year after the complaint is filed. If summons is served within the county where issued, the defendant has ten days in which to appear and plead; if served without the county but within the judicial district, twenty days, and if served elsewhere within the State, forty days. In case of service by publication, defendant has forty days to appear after the service is complete. If a domestic corporation is defendant, service is made on the president, secretary, or business agent within the State. If a foreign corporation is defendant, service is made on a resident agent, appointed for that purpose by the company, and in case no resident agent has been appointed, or, in case of such appointment, he has removed from the State, or has removed from or ceased to be a resident of the county designated, then the auditor of the county is made the authorized agent of such company, upon whom process may be served. Summons may be served by publication, on order of the judge of the court, or of a probate judge, when it is shown that the defendant is without the State, or has concealed himself to avoid service. Publication is made in a newspaper, "designated as most likely to give notice" to the defendant, "at least once a week" for not "less than one month." After an order for publication, personal service without the State is equivalent to publication and deposit of the summons and complaint in the post-office directed to the last known address of the defendant.

The pleadings are complaint, demurrer to complaint, answer, demurrer to answer. Administration of Decedents' Estates. See Claims against Estates of Deceased

Persons.

Affidavits. Affidavits to be used before any court, judge, or officer of the State may be taken before any judge or clerk of any court, justice of the peace, or notary public within the State. If taken in another State or Territory, they may be taken before any commissioner appointed to take affidavits and depositions, or before a notary public, or before a judge or clerk of court. Affidavits taken in a foreign country may be taken before an ambassador, minister, consul, vice-consul, or consular agent of the United States, or before any judge of a court of record having a seal, in such foreign country.

When an affidavit is taken before a judge of a court, the genuineness of the signature of the judge, the existence of the court, and the fact that such judge is a member thereof, must be certified by the clerk of the court, under the seal thereof.

Aliens.There is no statute as to the rights of aliens to convey real estate. Persons not citizens of the United States, or who have not declared their intention to become such, cannot acquire land or title therein, other than mineral lands, or such as may be necessary for the actual working of mines and the reduction of the products thereof, except alien heirs, who hold title for a period of five years, but must dispose of the same within that time, or the land and title revert and escheat to the State.

Appeals. Appeals lie from justice and probate courts to district courts in civil cases, if taken within thirty days after judgment appealed from is rendered, and from the probate court in probate matters if taken within sixty days after entry of order. Appeals lie from district to supreme court from final judgment in action or special proceeding commenced in district court within one year after entry of judgment. When judgment is rendered on an appeal from an inferior court, appeal must be taken within ninety days after entry of such judgment. Appeals must be taken within sixty days from an order granting or refusing a