action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud; and an action for the foreclosure of a mechanic's lien. Within three years: an action against the sheriff, coroner, or constable, and a liability incurred by the doing of an act in his official capacity and by virtue of his office, or by the omission of an official duty, including the non-payment of money collected upon an execution; and upon a statute for a penalty or forfeiture, when the action is given to the party aggrieved, or to such party and the people of this State, except where the statute imposing it prescribes a different limitation. (But the provision does not apply to an action for an escape.) Within two years: An action of slander, libel, assault, battery, or false imprisonment; actions upon a statute for a forfeiture or penalty to the State; actions for the recovery of damages arising from malpractice. An action for injuries done to the person of another when death ensues from such injuries; and the cause of action shall be deemed to have accrued at the time of the death of the party injured. Within one year: all actions against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process. In an action for a balance due upon a mutual open and current account, when there have been reciprocal demands, the cause of action accrues from the time of the last item proved in the account on either side. All other actions for relief, in ten years.

These limitations do not affect actions to enforce the payment of bills, notes, or other evidences of debt issued by moneyed corporations, or issued or put in circulation as money. No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of the statute of limitation, unless the same be in writing, signed by the party to be charged thereby; but this does not alter the effect of any payment of principal or interest. A payment of principal or interest, or acknowledgment in writing, signed by the party to be charged, will revive a debt or claim.

An action is commenced, as to each defendant, when the summons is served on him, or on a codefendant who is a joint contractor or otherwise united with him. An attempt to commence an action is deemed equivalent to the commencement thereof, when the summons is delivered, with the intent that it shall be actually served, to the sheriff or other officer of the county in which the defendanst, or one of them, usually or last resided. If when a cause of action shall accrue against any person he shall be out of the State, such action may be commenced within the terms herein respectively limited after the return of such person into this State; and if, after such cause of action shall have accrued, such person shall depart from and reside out of this State, or remain continuously absent therefrom for the space of one year or more, the time of his absence shall not be deemed or taken as any part of the time limited for the commencement of such action, but this exception does not apply to the foreclosure of real estate mortgages by action or otherwise. If a person die before the expiration of the limitation, an action may be commenced by his representatives after such expiration, but within one year from his death; or any action may be commenced against his representatives after such expiration and within one year after the issuing of letters testamentary or of administration.

Married Women. A married woman nay own, in her own right, real and personal property, acquired by descent, gift, or purchase, and manage, sell, convey, and devise the came to the same extent and in the same manner as if she was unmarried. Contracts may be made by a married woman, and liabilities incurred, and the same enforced by or against her, to the same extent and in the same manner as if unmarried. Neither husband nor wife has any interest in the property of the other, but neither can be excluded from the other's dwelling. Either husband or wife may enter into any engagement or transaction with the other, or with any other person, respecting property, which either might enter into if unmarried; subject, in transactions between themselves, to the general rules which control the actions of persons occupying confidential relations with each other as defined by the law of trusts. A husband and wife may hold real or personal property together, jointly, or in common. Neither husband nor wife, as such, is answerable for the acts of the other. The earnings of the wife are not liable for the debts of the husband; and the earnings and accumulations of the wife, and of her minor children living with her or in her custody, while she is living separate from her husband, are the separate property of the wife. The separate property of the husband is not liable for the debts of the wife contracted before the marriage. The separate property of the wife is not liable for the debts of her husband, but is liable for her own debts, contracted before or after marriage.

A wife's separate property is not liable for debts contracted for the support of herself, her children, or the family, as her husband's agent.

A married woman may buy and sell goods, give notes or other obligations, and sue and be sued, same as if unmarried.

Women attain their majority at eighteen.

Mortgages. A mortgage of real property can be created, renewed, or extended only by writing, with the formalities required in the case of grant of real estate; the wife need not join, except in mortgage of homestead. Mortgages containing power of sale may be foreclosed by advertisement, without the intervention of the court, and the premises sold at public auction to satisfy the mortgage debt. Mortgages may be foreclosed by action and a judgment obtained in the same action against the mortgagor for the mortgage debt, and execution issued for any deficiency in the debt and costs arising from the sale of the mortgaged premises. A recorded mortgage may be discharged upon the record by a certificate duly executed, acknowledged, or proved and certified and recorded, same as the mortgage. The mortgagor has possession of the premises during the year of redemption after the sale.

The purchaser at foreclosure is entitled to the rents and profits or value of the use of the land during the year of redemption. The homestead of a married person cannot be mortgaged unless the husband and wife both execute and acknowledge the mortgage. The same right of redemption exists as in the case of sale under execution. Real estate of decedents, minors, and incompetents may be mortgaged by order of county court for any purpose for which it might be sold.

A party foreclosing a mortgage is allowed an attorney's fee as follows: If debt does not exceed five hundred dollars, twenty-five dollars; debt over five hundred dollars, and not exceeding one thousand dollars, fifty dollars; over one thousand dollars and not exceeding two thousand dollars, seventy-five dollars; exceeding two thousand dollars, two per cent. additional on the excess, and any agreement for attorney's fee in such mortgage is void. Such attorney's fees are allowed only when proceedings are conducted by attorney authorized to practice in courts of this State. Agent or attorney foreclosing must file with register of deeds power of attorney from owner of mortgage to foreclose, otherwise sale is invalid. Notaries Public-Are appointed by the governor for the term of six years, and must have a seal containing the words "State of North Dakota, Notary Public," which shall be one and five eighths inches in diameter. They have power and authority anywhere in the State to administer oaths and perform all the duties required of them by law.

Notes and Bills of Exchange. The Negotiable Instrument Law is now in force in this State. An acceptance of a bill must be made in writing by the drawee or by an acceptor for honor. To hold the indorser, the instrument must be duly presented for payment upon the day of its maturity and payment refused and notice of dishonor given to the indorser. If it is a foreign bill of exchange, by notice of its protest; and other negotiable instruments either by notice of protest or by a notice which describes the instrument with reasonable certainty and substantially informs the party receiving it that the instrument has been dishonored.

No days of grace are allowed on any negotiable instrument.

Negotiable instruments payable to order are transferred by indorsement, and those payable to bearer by delivery. Non-negotiable instruments are assignable by indorsement thereon or by other writing, and the action by the assignee is without prejudice to any setoff or other defense existing at the time of or before notice of the assignment. A negotiable note made after July 1, 1899, payable at a bank, is equivalent to an order on the bank to pay the same for account of the maker.

Obligations in writing for lightning-rods, patent rights, stallions or jackasses, or for any patent medicine, or for which the whole or any part of consideration shall be the future cure of any disease, must, before being signed by maker, have stamped or written in red ink across its face the words, "Given for a lightning-rod," or otherwise, as the case may be. And any such obligation so stamped is non-negotiable and subject to defenses in hands of every holder or owner. Violation of this provision is a misdemeanor.

Damages are allowed at prescribed rates as a full compensation for interest accrued before notice of dishonor, reëxchange, expenses, and all other damages in favor of holders for value only, upon bills of exchange drawn or negotiated within this State and protested for non-acceptance or non-payment.

Judgment notes are not allowed.

Practice. The civil practice of the State is regulated by the Code of Civil Procedure, and the criminal practice by the Code of Criminal Procedure.

Proof of Claims. Claims sent for collection may be proved by deposition or by oral examination in court. See also Claims against Estates of Deceased Persons.

The

Persons sending claims to North Dakota for collection should be careful to furnish their attorney with the full name, christian and surname, and residence of the party in whose name the suit is to be brought. If the claim belongs to a partnership, the full name, christian and surname, and residence of each member of the firm should be furnished. attorney should be furnished with the names of the witness or witnesses by whom the claim can be established. The affidavit of the party is not admissible evidence to prove any fact. If the claim is disputed, it must be proved and established by the testimony of witnesses taken upon deposition after notice, or by oral examination of witnesses in court. Records. Every conveyance of real property, other than a lease for a term not exceeding one year, is void as against any subsequent purchaser or incumbrancer, including an assignee of a mortgage, lease, or other conditional sale of the same property, or any part thereof, in good faith and for a valuable consideration, whose conveyance is first duly recorded. All instruments of conveyance of real property must be recorded with the register of deeds of the county in which the real property affected thereby is situated.

Redemption. All real property sold on execution, foreclosure of mortgages, or under decree, is subject to redemption, or any part sold separately, and may be redeemed by the following persons or their successors in interest: 1. The judgment debtor or his successor in interest. 2. A creditor having a lien by judgment or mortgage on the property sold, or on some share or part thereof, subsequent to that on which the property was sold. The persons mentioned in the second subdivision of this section are, in this chapter, termed redemptioners.

The judgment debtor or redemptioner may redeem the property from the purchaser within one year after the sale, on paying the purchaser the amount of his purchase with twelve per cent. interest thereon, together with the amount of any assessment or taxes which the purchaser may have paid thereon after the purchase, and interest at the same rate on such

amounts; and if the purchaser be also a creditor having a prior lien to that of the redemptioner, other than the judgment under which such purchase was made, the amount of such lien, with interest. If property is so redeemed by a redemptioner, another redemptioner may, within sixty days after the last redemption, again redeem it from the last redemptioner, on paying the sum paid on such last redemption, with a like interest in addition, and the amount of any assessment or taxes which the last redemptioner had paid thereon after the redemption by him, with like interest on such amount, and in addition the amount of any liens held by said last redemptioner prior to his own, with interest; but the judgment on which the property was sold need not be so paid as a lien. The property may be again, and as often as a redemptioner is so disposed, redeemed from any previous redemptioner, within the same time after the last redemption and on the same terms. See also Tax Law, for redemption from tax sales.

Replevin.- Personal property may be replevied at the time the summons is issued, or at any time before answer, upon plaintiff, or some one in his behalf, making an affidavit stating that the plaintiff is the owner of the property (describing it), or is lawfully entitled to the possession thereof by virtue of a special property therein; that it is wrongfully detained; the alleged cause of detention according to his best knowledge or information and belief; and that it has not been taken for a tax, assessment, or fine pursuant to a statute, or seized under execution or attachment against the plaintiff; or, if so seized, that it is exempt from such seizure, and also stating the actual value of the property. An undertaking approved by the sheriff must be given in double the value of the property, executed by one or more sufficient sureties, resident of the State, and the sureties to justify the same as in undertakings in action of arrest. At any time before the delivery of the property to the plaintiff, the defendant may require the return thereof, upon giving security in double the value of the property.

twelve.

Reports, Judicial. - Dakota Territorial Reports, six volumes; North Dakota, Revision. The entire laws of the State were compiled under the direction of the secretary of state, under act of Legislative Assembly of 1905, and are embraced entirely within the Political Code, the Civil Code, the Code of Civil Procedure, the Probate Code, the Justices' Code, the Penal Code, and the Code of Criminal Procedure of the State. Latest edition of Revised Statutes is "Revised Codes, 1905;" latest session laws, 1905.

Service of Summons.

See Actions.

Stay of Execution. There are no stay laws except as to judgments in justices' court; but an execution may be stayed by order of the court, for reasonable time to move for new trial or perfect appeal or by bond on appeal.

Supplementary Proceedings. When an execution has been returned unsatisfied, plaintiff is entitled to an order for the appearance and examination of debtor; or it may be obtained at any time after the issuing of execution, upon proof, by the affidavit of plaintiff or otherwise, that any judgment debtor has property which he unjustly refuses to apply towards the satisfaction of the judgment. If any property is thus discovered, it may be levied upon, and if property of the debtor is in the hands of others, the court may order it delivered up and applied towards the satisfaction of the judgment, and may also appoint a receiver of debtor's property, forbid the transfer or other disposition of the same, and may order equitable interests in real estate to be sold.

Tax Law. All taxable property shall be listed and assessed each year at its actual cash value at the place of listing on the first day of April. The taxes on personal property become due and payable on the first day of December and delinquent on the first day of March, when a penalty of five per cent. attaches, and one per cent. interest per month thereafter on the original amount of the tax, The taxes on real property become due and payable on the first day of December, and become delinquent on the first day of March following. A penalty of three per cent. is added to taxes on real property when they become delinquent, and also, if unpaid, an additional penalty of three per cent. on the first day of April following, and an additional penalty of three per cent. on the first day of June following, and a further penalty of five per cent, on the first day of November following. No deed of real estate can be recorded until all taxes on it are paid.

All real estate is sold for non-payment of taxes on the first Tuesday of December each year. Redemption from tax sale may be made within three years with interest at the rate bid by purchaser and a penalty of five per cent., together with all subsequent taxes that may have been paid by purchaser up to the time of redemption, with interest at two per cent. per month on such subsequent taxes. Taxes are a perpetual lien upon real estate after they become due. A tax deed is conclusive evidence of the truth of all the facts therein recited, and prima facie evidence of the regularity of all the proceedings, from the valuation of the land by the assessor up to the execution of the deed.

All taxes, as between vendor and purchaser, become a lien upon real property on and after the first day of December each year.

Real estate is sold to person who bids the lowest rate of interest, which in no case can exceed twenty-four per cent. per annum.

Testimony or Evidence. A party to an action is a competent witness, both in his own behalf and at the instance of the adverse party. A husband or wife cannot be examined for or against the other without his or her consent; nor can either, during the mar

LAWS OF NORTH DAKOTA.

riage or afterwards, be, without the consent of the other, examined as to any communica tion made by one to the other during the marriage; but this section does not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other. In civil actions or proceedings by or against executors, administrators, heirs at law, or next of kin, in which judgment may be rendered, or order entered, for or against them, neither party shall be allowed to testify against the other as to any transaction whatever, with, or statement by, the testator, or intestate, unless called to testify thereto by the opposite party.

Trust Deeds.Trust deeds are not in general use in this State.

Trusts. Express trusts may be created by written instrument for any of the following purposes: To sell real property and apply or dispose of the proceeds in accordance with the instrument creating the trust; to mortgage or lease real property for the benefit of annuitants or other legatees, or for the purpose of satisfying any charge thereon; to receive the rents and profits of real property, and pay them to or apply them to the use of any person, whether ascertained at the time of the creation of the trust or not, for himself or for his family, during the life of such person, or for any shorter term, subject to the rules of chapter 26 of the Civil Code; or to receive the rents and profits of real property, and to accumulate the same for the purposes and within the limits prescribed by the same title.

Wills. Every person over the age of eighteen years, of sound mind, may, by last will, dispose of all his estate, real and personal. An olographic will is one entirely written, dated, and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of this State, and need not be witnessed. Every will other than a nuncupative will must be in writing. The words "writing" and "written" include "printing" and "printed," except in the case of signatures, and where the words are used by way of contrast to printing. Writing may be made in any manner, except that when a person entitled to require the execution of a writing demands that it be made in ink, it must be made so. This applies to all instruments and papers. Every will, other than an olographic will and a nuncupative will, must be executed and attested as follows: It must be subscribed at the end thereof by the testator himself, or some person in his presence and by his direction must subscribe his name thereto; the subscription must be made in the presence of the attesting witnesses, or be acknowledged by the testator to them to have been made by him or by his authority; the testator must, at the time of subscribing or acknowledging the same, declare to the altesting witnesses that the instrument is his will; and there must be two attesting witnesses, each of whom must sign his name as a witness at the end of the will, at the testator's request and in his presence.

A witness to a written will must write, with his name, his place of residence, and a person who subscribes the testator's name, by his direction, must write his own name as a witness to the will. But a violation of this provision does not affect the validity of the will.

A will of real or personal property, or both, or a revocation thereof, made out of this State by a person not having his domicile in this State, is as valid, when executed according to the law of the place in which the same was made, or in which the testator was at the time domiciled, as if it were made in this State and according to the provisions of this chapter. No provisions made for proof of wills made out of this State different from those made within.

Wills must be probated within six years from death of testator, or if not made known within one year from the discovery.

A married woman may dispose of all her separate estate by will, without the consent of her husband, and may alter or revoke the will in like manner as if she were single. Her will must be executed and proved in like manner as other wills. A will executed by an unmarried woman is revoked by her subsequent marriage, and is not revived by the death of her husband.

A foreign will may be admitted to probate upon the production of a copy of the same, and the probate thereof duly authenticated with a petition for letters, and anciliary letters may thereupon be issued to the executor, or any other person interested in the will, by the county judge, and the same proceedings must be had for the settlement of the estate as in the probate of a domestic will.

Wills are recorded in the office of the county judge.

If after making a will the testator marries and the wife survives him, the will is revoked, unless provision has been made for her by marriage contract, or in the will, or it is apparent therefrom that it was not his intention to make provision for her. If a child be born to the testator after making of his will, and is not mentioned in his will or provided for therein or by any settlement, or if the testator omits to provide for any of his children, or for the issue of any deceased child, unless it appears that such omission was intentional, such child or the issue of such child succeeds to the same portion of the testator's property that he would have succeeded to if the testator had died intestate. When property is directed by the will to be sold, or authority is given in the will to sell property, the executor may sell any property of the estate without the order of the county court, and at either public or private sale, and with or without notice, as the executor may determine; but the executor must make return of such sales as in other cases; and if directions are given in the will as to the mode of selling, or the particular property to be sold, such directions must be observed. In either case no title passes unless the sale is confirmed by the court.

Subject to the foregoing conditions, testator may will his property away from his family and disinherit children.

LAWS OF OHIO

RELATIVE TO THE

COLLECTION OF DEBTS,

TAKING OF DEPOSITIONS, ETC.

REVISED EXPRESSLY FOR HUBBELL'S LEGAL DIRECTORY, DECEMBER 1, 1906, BY HARMON, COLSTON, GOLDSMITH AND HOADLY, OF CINCINNATI, OHIO.

Acknowledgments.

See Deeds.

Actions. There is but one form of action, which is known as a civil action. (R. S. § 4971.)

The action must be prosecuted in the name of the real party in interest, except that an executor, administrator, guardian, trustee of an express trust, a person with whom or in whose name a contract is made for the benefit of another, or a person expressly authorized by statute, may bring an action without joining with him the person for whose benefit it is prosecuted. (R. S. § 4993.)

Administration of Decedents' Estates. ceased Personis.

·See Claims against Estates of De

Affidavits - May be made in or out of this State before any person authorized to take depositions, and must be authenticated in the same way as depositions (R. S. § 5264), except that to affidavits verifying pleadings the certificate of the officer, signed officially by him, shall be evidence that the affidavit was duly made, that the name of the officer was written by himself, and that he was such officer. (R. S. § 5107.) See Depositions.

Aliens-Can hold, possess, and enjoy real estate as fully and completely as any citizen of the United States or of this State can do, subject to the same laws and regulations, and not otherwise.

No person who is capable of inheriting shall be deprived of the inheritance by reason of any of his or her ancestors having been aliens. (R. S. § 4173.)

Appeals. An appeal will lie from any justice of the peace to the court of common pleas of the same county, in all civil cases where either the plaintiff or defendant claims more than twenty dollars. But if neither demand a greater sum than twenty dollars, and the case is tried by a jury, there shall be no appeal. (R. S. § 6562.)

From the court of common pleas to the circuit court of the same county an appeal will lie upon the same pleadings, unless amended by leave or order of court, from a judgment cr final order, in a civil action, rendered by the court of common pleas and of which it had original jurisdiction, if the right to demand a jury in such action upon the trial thereof in the court of common pleas did not exist. (82 . L. 32.) (In courts of common pleas in this State the right of trial by jury in civil cases exists in like cases as at common law.) Appeal from the court of common pleas to the circuit court also lies from an interlocutory order dissolving an injunction. A party desiring to appeal to the circuit court from the common pleas shall, within three days after the judgment or order sought to be appealed from is entered on his docket by the trial judge, file a written notice of his intention to appeal; and within thirty days after the judgment or order is entered by the trial judge, he shall give an undertaking, with sufficient sureties approved by the clerk or a judge of said court of common pleas, in a penal sum provided by law for different cases, conditioned to the effect that the party appealing shall abide and perform the order and judgment of the appellate court, and will pay all money, costs, and damages that may be required of or awarded against him by such court. (R. S. § 5231; 82 O. L. 32, §§ 5226, 5231; 89 U. L. 148; 95 O. L. 66; and 96

0. L. 12.)

Appeals also lie from the probate court to the court of common pleas in certain cases. (R. S. § 6407.)

To perfect appeal from a justice of the peace, the party desiring to appeal must, within ten days from the rendition of the judgment, enter into an undertaking to the adverse party, with surety to be approved by the justice, in a sum not less in any case than fifty dollars, nor less than double the amount of the judgment and costs. The condition of this undertaking is: 1. That the party appealing will prosecute his appeal to effect and without unnecessary delay; and, 2. That if judgment be rendered against him on appeal, he will satisfy such judgment and costs. A transcript of the proceedings before the justice of the peace, together with all original papers, must be filed with the clerk of the court of common pleas on or before the thirtieth day from the rendition of the judgment. The case then proceeds in the court of common pleas as if originally begun there. (R. S. §§ 6583-6585.)

Arrest. Arrest in civil actions before judgment is provided for. (R. S. §§ 54915493.) This practice is practically obsolete. For arrest after judgment, see Executions.