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Evidence.-Party in interest may be a witness, and each party may compel the other to testify. The following are not competent witnesses: Insane persons; children under ten, who cannot understand the facts to be elicited; attorneys, as to confidential communications from, or advice to, a client; physicians, as to matters confided in the course of their profession; clergymen, as to confession made to them in the course of church discipline; husband and wife, as to communication to each other during marriage; wife, in suit by husband for seduction of wife; neither party where executor or administrator or guardian is a party and suit affects the estate, unless called by opposite party or the Court, or unless on contract made by such executor, etc.; neither party in suits by or against him on demand against ancestors, where the ancestor's property is in question, as to any matter prior to death of ancestor, unless called by opposite party or by the Court. Experts may be compelled to testify without extra pay.

Stay of Execution.-When judgment has been rendered against any person for the recovery of money, or sale of his property, he may, by procuring one or more sufficient freehold sureties to enter into a recognizance, acknowledging themselves bail for the defendant for the payment of the judgment, together with the interest and costs accrued and to accrue, have a stay of execution from the time of the judgment as follows: If the sum for which the judgment was rendered, inclusive of costs, does not exceed $6, for thirty days; if such sum and costs exceed $6 and do not exceed $12, sixty days; if such sum and costs exceed $12 and do not exceed $20, ninety days; if such sum and costs exceed $20 and do not exceed $40, one hundred and twenty days; if such sum and costs exceed $40 and do not exceed $100, one hundred and fifty days; if such sum and costs exceed $100, one hundred and eighty days.

Exemptions.-The property of a resident householder, either real or personal, is exempt to the amount of $600. The debtor claiming the exemption must give a sworn schedule of his property to the officer.

Garnishment.-If at time, or before or after, an order of attachment issues, plaintiff, or some one in his behalf, shall file an affidavit that he has good reason to believe that any person (naming him) has property of the defendant in his possession or under his control which officer can

not attach, or that such person is indebted to defendant, or has the control or agency of any property, moneys, credits or effects of defendant, a writ of garnishment shall issue against such person, and he shall be accountable to plaintiff for the amount of money, property or credits in his hands, or due from him to defendant, from the time of service of the summons in garnishment, except that the wages of all persons in the employ of any person or corporation shall be exempt from garnishment and proceedings supplemental to execution in the hands of such person or corporation so long as such employee remains in such employment, not exceeding one month's wages at any one time.

Interest. The legal rate is 6 per cent.; by agreement in writing any other rate, not exceeding 8 per cent.; on all judgments the rate agreed upon in the original contract, not exceeding 6 per cent.; on an account, interest runs from the day of settlement or from the day of an itemized bill rendered and pay demanded. Interest may be taken yearly, or for a shorter period, in advance. For usury all interest over 6 per cent. is forfeited.

Judgments before justices of the peace are no lien upon any kind of property, and only become a lien upon goods and chattels from the time the execution is placed in the hands of an officer; in no case are they a lien upon real estate, until a certified transcript of the judgment has been filed and recorded in the Circuit Court of the county. All final judgments in the supreme, superior, and circuit courts, for the recovery of money or costs, are a lien upon real estate, and chattels real, liable to execution in the county where the judgment is rendered, for the space of ten years after the rendition thereof and no longer exclusive of the time during which the party may be restrained from proceeding thereon, by any appeal, or injunction, or by the death of the defendant or by the agreement of the parties entered of record.

Limitations.-Accounts and unwritten contracts, six years; notes, bills and other written contracts for payment of money, ten years; other contracts in writing, judgments of courts of record, and recovery of possession of real estate, 20 years.

Married Women.-The real and personal estate acquired either by descent, devise, or gift, before or after

marriage, is not liable for the debts of her husband, but is absolutely her own separate property, as if she were unmarried. But if the personal property be reduced to possession by the husband during coverture, it vests absolutely in him, subject only to debts contracted by her before marriage. Tenancies by curtesy and in dower are abolished. At the death of the husband, one-third of his real estate descends to his wife, in fee simple, free from all demands of creditors; except where the real estate exceeds in value $10,000, the widow shall have one-fourth only, and when it exceeds $20,000, one-fifth only, as against creditors. If she marry again, holding such real estate, she cannot, either with or without the assent of her husband, alienate the same, but at her death, it descends to the children of the husband from whom it was derived, except she have a child or children by such or subsequent husband, then to all of her children in equal shares. If a husband or wife die intestate, leaving no child, and the whole amount of property, real or personal, does not exceed $1,000, the whole shall go to such widow or widower. If the husband's estate does not exceed in value $500, it descends to the widow without administration. The widow is entitled to one-half of the personal property of the husband, if there be but one child, and one-third if there be more than one.

Married women can carry on business in their own names and bind their property, both personal and real, for their debts, but they cannot mortgage their property to secure their husband's or any other person's debts.

Qualifications for Voting.-Every male citizen of the United States, every one who has declared his intention, residence in the United States one year, and in the State six months, in township sixty days, ward thirty days, and is twenty-one years of age.

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Wills. All persons over the age of 21 may make a will of all their property. Wills must be signed by the testator, or by some person in his presence by his direction. There must be two witnesses who must subscribe their names in his presence. Wills are recorded in the office of the County Clerk.

SPECIAL LAWS OF IOWA.

Arrest.-No person shall be imprisoned for debt in any civil action on mesne or final process, unless in case of fraud.

Assignments.-Preferences not allowed. The assignment must be for the benefit of all the creditors. The debtor should annex to the assignment a sworn inventory of all his property, and a list of his creditors, and the debts owing to them.

The assignment must be acknowledged and recorded in the county where the debtor resides. The assignee should file a full inventory and valuation of the property with the Clerk of the District or Circuit Court. He must give a bond in double the value of the property with one or more sureties. Notice to the creditors to present their claims should be published for six weeks, and a copy should be mailed to each creditor. The claims should be sent to the assignee within three months.

Chattel Mortgage good for ten years. In the absence of any provision to the contrary the mortgagee is entitled to immediate possession.

Descent and Distribution of Property.-Estate descends to children in equal shares, subject to right of dower on the part of widow. The heirs of a deceased child take their parent's share. If there are no children, one-half goes to the parents, and the other half to the wife; if no wife, the whole estate goes to the parents or the survivor of them. If both parents are dead, their portion will be distributed among next of kin.

Divorce.-Causes: (1) Adultery; (2) willful desertion for two years; (3) conviction for felony; (4) habitual drunkenness; (5) inhuman treatment; (6) pregnancy at time of marriage, unless known to the husband.

Marriages may be annulled for (1) marriage within prohibited degrees; (2) impotency at time of marriage; (3) where either party had a husband or wife at time of marriage.

Plaintiff must have been a resident for one year.

Evidence.-Interest does not disqualify any one from being a witness. The testimony of any one residing in a county, other than that wherein the suit may be brought, may be taken by deposition, and thus used on the trial.

Executions May issue immediately upon the rendition of a judgment, and at any time before it is barred. No execution operates as a lien on personal property until the actual levy thereof. The sale of personal properties on execution is absolute; but the defendant may redeem from sale of real estate on execution at any time within one year from the date of sale.

Exemptions. A homestead, if within a town plat, must not exceed one-half an acre; if without, not more than forty acres, without limitation in either case as to value.

The personal property of a person not the head of a family is not exempt, except his ordinary wearing apparel and trunk. If he is the head of a family, his property is exempt as follows: Wearing apparel, and trunks; one musket, or rifle, and shot-gun; all private libraries, family Bible, portraits, pictures, musical instruments, and paintings not kept for sale; a pew in church; a lot in a buryingground, not to exceed one acre; two cows and a calf, one horse, fifty sheep, six stands of bees, five hogs, and all pigs under five months; necessary food for these animals for six months; flax raised on less than one acre; one bedstead and necessary bedding for every two in the family; household and kitchen furniture of $200 in value; all spinning-wheels and looms; one sewing-machine, and other instruments of domestic labor; tools, instruments or books, of a farmer, mechanic, surveyor, clergyman, lawyer, physician, teacher or professor; the horse or two horses, or mules, or yoke of cattle and the wagon and harness of a physician, public officer, farmer, teamster or laborer, earning his living by their use; a printer's press and type and material of the value of $1,200; earnings of debtor within ninety days.

Garnishment.-Any one supposed to be a debtor of the defendant, or holding property of his, may be garnisheed by service of written notice thereof. Garnishees may be summoned either under writ of attachment or on execution.

Interest. In the absence of a written contract, the rate is six per cent.; parties may, however, stipulate in writing

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