) to

the officer), personally appeared known to me (or proved to me on oath of be the (insert title of officer) of the corporation that is described in and that executed the within instrument, and acknowledged to me that such corporation executed the same. [Seal.] (Signature and title.)

For an acknowledgment by an attorney in fact, use the general form to the words "described in," then add "and whose name is subscribed to the within instrument as the attorney in fact of and acknowledged to me that he subscribed the name of thereto as principal, and his own name as attorney in fact." Acknowledgments may be written or printed, or both, and may be on separate paper securely attached to the instru

ment.

Depositions. The deposition of any witness may be used only in the following cases: 1. When the witness does not reside in the county where the action or proceeding is pending, or is sent for trial by change of venue or is absent therefrom. 2. When from age, infirmity, or imprisonment the witness is unable to attend court, or is dead. 3. When the testimony is required upon a motion, or in any other case where the oral examination of the witness is not required. Either party may commence taking testimony by depositions at any time after service upon or appearance by defendant.

Depositions may be taken in this State before a judge or clerk of the supreme court or district court, or before a justice of the peace, notary public, United States district court commissioner, or any person empowered by a special commission. If out of the State, by any judge, justice, or chancellor, or clerk of any court of record, justice of the peace, notary public, mayor or chief magistrate of any city or town corporate, a commissioner appointed by the governor of this State to take depositions, or any person authorized by a special commission from any court of this State.

The officer before whom depositions are taken must not be a relative or attorney of either party, or otherwise interested in the event of the action or proceeding.

Prior to taking of any depositions, unless taken under a special commission, a written notice, specifying the action or proceeding, the name of the court or tribunal in which it is to be used, and the time and place of taking the same, shall be served upon the adverse party, his agent or attorney of record, or left at his usual place of abode. The notice shall be served so as to allow the adverse party sufficient time, by the usual route of travel, to attend, and one day for preparation, exclusive of Sunday and the day of service, and the examination may be adjourned from day to day.

When the summons in an action has been served upon all the defendants, and the time allowed for answering has expired, and the defendants have not appeared, the plaintiff may take depositions in the action without notice.

When the party against whom the deposition is to be read is absent from, or a non-resident of, the State, and has no agent or attorney of record therein, he may be notified of the taking of the deposition by publication or by personal service out of the State. The deposition must be written by the officer, or in his presence by the witness, or some disinterested person. The deposition so taken shall be sealed up and indorsed with the title of the cause and the name of the officer taking the same, and by him addressed and transmitted to the clerk of the district court of the county in which the action or proceeding is pending. It shall remain under seal until opened by the clerk by order of the court, or at the request of a party to the action or proceeding or his attorney. It shall be admitted in evidence on the trial of any other action or proceeding upon the same matter between the same parties. Depositions taken in pursuance of this chapter by any judicial or other officer authorized to take depositions, having a seal of office, whether resident in this State or elsewhere, shall be admitted in evidence upon the certificate and signature of such officer, under seal of the court of which he is an officer, or his official seal; and no other or further act or authentication shall be required. If the officer taking the same bave no seal, the deposition, if not taken in this State, shall be certified and signed by such officer, and shall be further authenticated, either by parol proef, adduced in court, or by the official certificate and seal of any secretary or other officer of state keeping the great seal thereof, or of the clerk or prothonotary of any court having a seal, attesting that such judicial or other officer was at the time of taking the same authorized to take the same. But if the deposition be taken within or without this State under a special commission, it shall be sufficiently authenticated by the official signature of the officer or commissioner taking the same.

The officer taking the deposition shall annex thereto a certificate showing the following facts: That the witness was first sworn to testify the truth, the whole truth, and nothing but the truth; that the deposition was reduced to writing by some proper person, naming him: that the deposition was written and subscribed in the presence of the officer certifying thereto; that the deposition was taken at the time and place specified in the notice. Depositions may be type-written.

Any court of record of this State, or any judge thereof, is authorized to grant a commission to take depositions within or without this State. The commission must be issued to a person or persons therein named, by the clerk, under the seal of the court, granting the same, and depositions under it must be taken upon written interrogatories, direct and cross, which must be attached to the deposition. Depositions that are not taken under a commis sion need not be taken upon interrogatories.

Every deposition intended to be read in evidence on the trial must be filed at least one day before the trial. Exceptions on the ground of incompetency or irrelevancy may be

made when the deposition is offered. Other exceptions must be in writing and filed before the trial commences.

Forms and instructions for taking Depositions:

[Caption.]

Depositions of witnesses taken before me (name of officer and style of office) within and for the county of in the State of on the day of in the year pursuant to the annexed notice (commission or stipulation), in an action pending in the (name the court), wherein is plaintiff and is defendant, on behalf of said plaintiff (or defendant as the case may be). (Here state which of the parties was present.) A. B., of the county of of lawful age, being first duly sworn (or affirmed) by me, as hereinafter certified, deposes and says: (Here insert the deposition, either by stating the facts in a narrative form, or in form of answers to questions first written down.)

If more than one witness, the next deposition may be commenced below the preceding, as follows:

Also C. D. of the county of, etc.

At the end of the depositions the certificate of the officer must be annexed, and may be as follows:

I., E. F. (style of office), do hereby certify, that the above named (naming all the witnesses who have testified) were (each) by me first duly sworn (or affirmed) to testify the truth, the whole truth, and nothing but the truth, in the above entitled action, and that the foregoing depositions by them respectively subscribed were reduced to writing by me (or if by any other person name him, and say "by who is not interested in said action, in my presence"), and were respectively subscribed by the said witnesses in my presence, and were taken at the time and place in the annexed notice specified; that I am not counsel, attorney, or relative of either party, or interested in the event of the said action; (if there be adjournments add) and said depositions were commenced at the time and place in said notice specified, and continued by adjournment from day to day, at the same place, and for the reasons (which should be stated).

The sealed package containing the depositions should be addressed to the clerk of the court in which the action is pending, and indorsed as follows: A. B. vs. C. D. (giving title). Depositions in said action on behalf of the taken, sealed up, addressed, and transmitted by me. Sign with official character.

Descent. When any person dies intestate, his property, except the homestead and certain personal property, after payment of debts and expenses of administration, unless limited by a marriage contract, is distributed as follows: If the decedent leaves a surviving husband or wife, and only one child, in equal shares to each; if more than one child, one third goes to the surviving husband or wife, and the remainder to the children in equal shares. If the decedent leaves no surviving husband or wife the whole estate goes to the children in equal shares. The children of a deceased child take by right of representation. If the decedent leaves no children and the estate does not exceed in value five thousand dollars, all the estate goes to the surviving husband or wife, and the excess over five thousand dollars, if any, one half goes to the surviving husband or wife, and the other half goes to the decedent's father, and if he have no father living, then to the mother, and if both father and mother are dead and the decedent leaves brothers and sisters or children of a deceased brother or sister then in equal shares to the brothers and sisters of decedent and to the children of any deceased brother or sister by right of representation. If the decedent leaves no issue, nor husband nor wife, the estate goes to the father, and if there be no father, to the mother. If decedent leaves no husband, wife, father, brothers, or sisters living, the estate goes to his mother, to the exclusion of the issue of any deceased brothers or sisters. If the decedent leaves a surviving husband or wife, and no issue, father, mother, brother, or sister, or children of a deceased brother or sister, the whole estate goes to the surviving husband or wife. If there be no issue, nor husband, nor wife, nor father, nor mother, the estate goes in equal shares to the brothers and sisters and to the children of any deceased brother or sister by representation. If the decedent leaves none of the aforementioned, the estate goes to the next of kin in equal degree; if there are two or more collateral kindred in equal degree, but claiming through different ancestors, those claiming through the nearest ancestors must be preferred; and if a surviving child dies under age and unmarried, his share goes to the surviving brothers and sisters, and to the children of deceased brothers and sisters by right of representation. If the decedent leaves neither husband, wife, nor kindred, the estate escheats to the school fund of the State for the support of common schools. The degree of kindred is established by the number of generations, and each generation is called a degree. Kindred of the half blood inherit equally with those of the whole blood, unless the inheritance came to the estate by descent, devise, or gift of some one of his ancestors, when those of the half blood are excluded.

A homestead estate, which is the right to the possession. use, control, income, and rents of real property, occupied or held as a homestead, descends to the surviving husband or wife, or, if neither, to the decedent's minor child or children till the youngest reaches majority. When the homestead estate is fully satisfied, the property is distributed as other

property.

Inheritance Tax. All property within the State must pay a tax of two per centum of its valuation above the sum of twenty-five thousand dollars, after the payment of all debts, when it descends by succession or passes by will to the possession and enjoyment, after the

death of the grantor or donor, to any person in trust or otherwise, other than to, or for, the use of the father, mother, husband, wife, lineal descendant, adopted child and lineal descendant of an adopted child, or to or for charitable, education, or religious societies or institutions within this State.

The term debts includes the debts owing by the decedent, taxes due from the estate prior to his death, reasonable sum for funeral expenses, court costs, costs of appraisement, statutory fees of executors, administrators or trustees, provided such debts are approved and allowed within fifteen months after the death of the decedent.

It is the duty of the executor or administrator or trustee, immediately upon his appointment, to make and file a separate inventory of all the real estate of the decedent liable to such taxes, and to cause the lien of the same to be entered upon the lien book in the office of the clerk of the court in each county where any of said real estate is situated. Divorce. Divorce may be granted for any of the following causes: Adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, conviction for felony. Willful desertion, willful neglect, or habitual intemperance must continue for one year before either is a ground for divorce. Habitual intemperance includes the use of intoxicating drinks, morphine, opium, chloral, cocaine, or other like narcotics. A divorce must not be granted unless the plaintiff has, in good faith, been a resident of the State for one year next preceding the commencement of the action.

A divorce must be denied when there is an unreasonable lapse of time before the commencement of the action.

No divorce can be granted by default, nor on the uncorroborated statement, admission, or testimony of the parties. Service of summons is made as in other civil cases, and judgment may be taken on default of appearance by defendant, at the expiration of the time required in other actions. See Actions.

A marriage may be annulled by either party for any of the following causes, existing at the time of marriage: Former husband or wife living; unsound mind; fraud, force, or physical incapacity; and where the moving party was under age of consent (which for males is eighteen years, and for females is fifteen), and the marriage was contracted without consent of parents or guardian.

Dower.-Dower and curtesy are abolished.

Evidence. See Testimony.

Executions.- Executions issue of course at any time within ten years after judgment. Land levied upon need not be appraised. Lands cannot be sold until the officer causes public notice to be given at the time and place of sale once a week for at least thirty days before the day of sale, by advertisement in some newspaper printed in the county, and, if no newspaper is printed in the county, by advertisement in a newspaper of general circulation in the county, and by posting a notice upon the court-house door and in five other public places in the county. Sales made without notice must be set aside.

Execution must be returned within sixty days from the date thereof. Lands sold on execution may be redeemed at any time within one year from time of sale. Executions issued by a justice of the peace must be returned within thirty days, and may be issued at any time within five years of entry of judgment.

Exemptions.-The following property is absolutely exempt to the head of a family from attachment or mesne process, and from levy and sale on execution, and from any other final process issued from any court: All family pictures; a pew or other sitting in any house of worship; a lot or lots in any burial-ground; the family bible, and all school books used by the family, and all other books used as a part of the family library, not exceeding in value one hundred dollars; all wearing apparel and clothing of the debtor and his family; the provisions for the debtor and his family necessary for one year's supply, either provided or growing, or both, and fuel necessary for one year; the homestead, as created, defined, and limited by law. In addition to the above mentioned property, the head of a family may, by himself or his agent, select from all other of his personal property, not absolutely exempt, goods, chattels, merchandise, money, or other personal property, not to exceed in the aggregate one thousand dollars in value, which is also exempt. Instead of the one thousand dollar exemption, the head of a family may select and choose the following property, which shall then be exempt, namely: All miscellaneous books and musical instruments for the use of the family, not exceeding five hundred dollars in value; all household and kitchen furniture, including beds, bedsteads, and bedding, used by the debtor and his family, not exceeding five hundred dollars in value; and in case the debtor shall own more than five hundred dollars' worth of such property, he must select therefrom such articles to the value of five hundred dollars, leaving the remainder subject to legal process; three cows, ten swine, one yoke of cattle, and two horses or mules, or two yoke of cattle, or two span of horses or mules, one hundred sheep and their lambs under six months old, and all wool of the same, and all cloth or yarn manufactured therefrom, the necessary food for the animals herein before mentioned for one year, either provided or growing or both, as the debtor may choose: also, one wagon, one sleigh, two plows, one harrow, and farming utensils, including tackle for teams, not exceeding three hundred dollars in value; the tools and implements of any mechanic, whether a minor or of age, used and kept for the purpose of carrying on his trade or business, and in addition thereto, stock in trade not exceeding two hundred dollars in value. The library and instruments of any professional person, not exceeding six hundred dollars in value.

No personal property is exempt (except that absolutely exempt) from execution for laborer's or mechanic's wages, or physician's bills, or for a debt incurred for property obtained under false pretenses.

Except those made absolute, the exemptions do not apply to a corporation for profit, to a non-resident, to a debtor who is with his family removing from the State, or who has absconded, taking with him his family. A partnership firm can claim but one exemption of one thousand dollars in value, or the alternative property, when so applicable, instead thereof, out of the partnership property, and not a several exemption for each partner, and such exemption will constitute a part of the exemption to which each partner is entitled from his property. After the debtor's death, such exempt property is set apart for the benefit of the surviving wife or husband, or the minor children, and is not liable for any prior debts or claims against the decedent, except when there are no assets available for the payment of the necessary expenses of his last illness, funeral charges, and expenses of administration.

No property is exempt from execution for the purchase-money of the same property or any part thereof. Homestead. A homestead to every head of a family, not exceeding in value five thousand dollars, and if in a town plat not exceeding two acres, and if not, not exceeding one hundred and sixty acres, to be selected and appraised as provided by statute, is exempt from judgment lien and execution or forced sale, except, 1. On debts secured by mechanic's or laborer's liens, for work or labor done or material furnished exclusively for the improvement of the same; 2, on debts secured by mortgage of the premises, executed and acknowledged by both husband and wife, or by an unmarried claimant; 3, on debts created for the purchase price thereof, and for all taxes accruing and levied thereon.

The head of a family" is, first, the husband or wife, when the claimant is a married person; but in no case are both husband and wife entitled each to a homestead; second, every person who has residing on the premises with him or her, and under his or her care and maintenance, either, 1, his or her minor child, or the minor child of his or her deceased wife or husband whether by birth or adoption; 2, a minor brother or sister, or the minor child of a deceased brother or sister; 3, a father, mother, grandfather, or grandmother; 4, the father or mother, grandfather or grandmother, of a deceased husband or wife; 5, an unmarried sister or any other of the relatives mentioned in this section who have attained the age of majority and are unable to take care of or support themselves.

The homestead of a married person cannot be conveyed or incumbered unless the instrument by which it is conveyed or incumbered is executed and acknowledged by both husband and wife.

Garnishment.-A creditor may proceed by garnishment in any court having jurisdiction of the subject of the action against any person, including a public corporation, who shall be indebted to, or have any property whatever, real or personal, in his possession, or under his control belonging to the debtor. The proceeding may be commenced at the time of the issuing of the summons in the original action, or at any time thereafter before final judgment in any action to recover damages founded upon contract, or at any time after issuing of execution in any case. The proceeding is commenced by an affidavit to which is attached a garnishment summons, which is served upon the party garnished, who may, in an action in the district court, within thirty days after such service, file his affidavit that he is in no manner indebted to the defendant in the original action, and has no property of his under his control. The plaintiff in the garnishment proceeding may then take issue upon such affidavit, and the question will then be tried in the usual manner. Unless the garnishee files his affidavit of denial, he must within thirty days after the service of summons file an affidavit stating the facts with reference to any liability on his part to defendant in the original action, and with reference to any property of such defendant under his control. If he fail to file an affidavit, as required, judgment may be given against him for the amount of the judgment in the original action. His answer may be traversed, in which case the issues must be tried as in ordinary civil actions. The liability of the garnishee is for the amount of his indebtedness to the original defendant or the property of the original defendant in his hands at the time of the service of the garnishee summons. All property, money, or credits held by him by a conveyance or title, void as to creditors of the defendaut, is embraced in such liability. In a justice court the garnishee is summoned to appear and answer under oath touching his indebtedness to the defendant in the original action, and the property belonging to such defendant in his possession or under his control, before the justice issuing the summons, on a day named in the summons, which must be not less than seven nor more than fifteen days after service of the garnishee summons upon him, but such garnishee may answer by affidavit the same as in the district court, in which case the affidavit must be filed by the garnishee with the justice before the time fixed in the summons for him to appear. Judgment cannot be rendered against the garnishee by reason of his liability upon any negotiable paper or for money in his hands as a public officer, or for any sum which is not due at the time of judgment. And no judgment can be rendered against the garnishee in a justice court where the judgment against the defendant is less than ten dollars exclusive of costs, nor where the indebtedness of the garnishee to the defendant or the value of the property belonging to the defendant in his hands or under his control is less than ten dollars.

Insolvent Law. There are no laws on this subject in this State. Bankruptcy Law of 1898.

See the National

Interest. The legal rate of interest is seven per cent. Parties may contract for a higher rate, not to exceed twelve per cent. A person taking, receiving, retaining, or contracting for any higher rate of interest than at the rate of twelve per cent. shall forfeit all the interest so taken, received, retained, or contracted for, and if paid double the amount may be recovered back. The usury law is the same as the national bank act on usury. Unless there is an express contract in writing fixing a different rate, interest is payable on all moneys at the rate of seven per cent. per annum after they become due on any instrument of writing, except a judgment, and on moneys lent, or due on any settlement of accounts, from the day on which the balance is ascertained, and on moneys received to the use of another and detained from him.

Interest is payable on judgments recovered in the courts of this State at the rate of seven per cent. per annum.

Every person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in him upon a particular day, is entitled also to recover interest thereon from that day, except during such time as the debtor is prevented by law, or by the act of the creditor, from paying the debt.

Judgments. - Á judgment of a court of record, or of a justice's court, is a lien on real estate of the defendant except the homestead, in the county where the same is docketed, for ten years from the time of docketing the judgment in the county where it was rendered. Judgments recovered in other States and Territories are proved by an exemplification of the record, attested by the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the attestation is in due form.

Judgments may be obtained after thirty days after service of summons and complaint in actions in a court of record, and within four days after service of summons in actions in a justice's court, if there be no answer interposed."

Attorneys' fees cannot be taxed in judginent. District courts are always open for the rendition and entry of judgments by default. Judgments obtained at the same term of court have priority according to docketing. Judgments may be renewed by filing an affidavit of renewal with clerk, within ninety days next preceding expiration of ten-year period.

Liens. Mechanic's Lien. Any person performing any labor or furnishing any material, machinery, or fixtures for the construction or repair of any work of internal improvement, or for the erection, alteration, or repair of any building or structure on land, or in making any other improvements thereon, including fences, sidewalks, paving, trees, drains, grades, or excavations under a contract of the owner, his agent, trustee, contractor, or sub-contractor, or with the consent of the owner, has a lien for such labor, materials, machinery, or fixtures upon such building, and erection or improvement, and upon the land belonging to such owner on which the same is situated, or to improve which the work was done, or things furnished. When materials, etc., are furnished to contractor or sub-contractor, person furnishing same must notify owner of land by registered letter of such furnishing to entitle him to file such lien. The owner is presumed to have consented to the doing of any such labor or making of such improvements, if he has knowledge of the same and does not give notice of his objections thereto. This law does not apply to the furnishing of lightning-rods. The person claiming such lien must file with the clerk of the district court of the county, within ninety days after all the things have been furnished or labor done, a just and true account of the demand due him, but a failure to make such filing within the ninety days does not defeat his lien except as against purchasers or incumbrancers in good faith and for value, whose rights accrue after the ninety days, and before any lien is filed, or as against the owner, except the amount paid to the contractor after the expiration of the ninety days, and before such filing. Such liens have priority in the following order: 1, for manual labor; 2, for materials; 3, sub-contractors, other than manual laborers; 4, original contractors. A mechanic's lien may be enforced by suit at any time before the statute of limitations runs against the debt it secured, but a suit to enforce such a lien must be commenced within thirty days after a demand by the owner of the premises upon the holder of the lien that it be so enforced.

Limitations. An action by the State of North Dakota or its grantee respecting real property must be commenced within forty years. An action for the recovery of real property or the possession thereof must be commenced within twenty years. Actions other than for the recovery of real property can be commenced only within the following periods after the cause of action shall have accrued. Within ten years: an action, 1, upon a judgment or decree of any court in the United States, or of any State or Territory within the United States: 2, upon a contract contained in any conveyance or mortgage of, or instrument affecting the title to real property, except a covenant of warranty, an action upon which must be commenced within ten years after the final decision against the title of the covenantor. Within six years: actions upon a contract, obligation, or liability, express or implied, excepting those herein before mentioned; actions upon a liability created by statute other than a penalty or forfeiture; for trespass on real property; for taking, detaining, or injuring any goods or chattels, including actions for specific recovery of personal property; an action for criminal conversation, or for any other injury to the person or rights of another, not arising on contract and not hereinafter enumerated: for relief on the ground of fraud, in cases which heretofore were solely cognizable by the court of chancery, the cause of