SPECIAL LAWS OF NEW HAMPSHIRE.

Arrest.-A female cannot be arrested or imprisoned upon any writ in an action founded on contract; nor can any male be arrested on such a writ, unless the debt or damage, for the recovery of which such action may be brought, shall exceed $13.33, exclusive of all costs, and unless the plaintiff, or some person in his behalf, shall make an affidavit before a justice, on the back of such writ, that in his belief the defendant is justly indebted to him in a certain sum exceeding $13.33, and that he conceals his property so that no attachment or levy cau be made, or there is good reason to believe he is about to leave the State to avoid payment of his debts.

When the defendant is arrested, he may, if he desire it, be taken before two justices, and if he make affidavit and produce evidence that he does not conceal his property, and has no intention of leaving the State to avoid the payment of his debts, said justices, if satisfied with such affidavit and evidence, may order his discharge.

Assignments.-Preferences are not allowed. The assignment must be under seal and be sworn to and acknowledged. Within ten days after the date of the assignment the assignee must file in the office of the Register of Probate a copy of the assignment with a schedule of the property, and a list of creditors, and the debts owing to them. Both debtor and assignee must swear to this schedule. The assignee must give a bond to the Judge of Probate with sureties, within five days after filing the schedule. The assignee must give notice of the assignment by publication. The creditors have six months to file their claims under oath in the Probate Office. One year from the time of appointment the assignee is required to settle his account in the Court of Probate, and a pro rata distribution of the assets is ordered.

Chattel Mortgage must be recorded in the Town Clerk's office. It will not be valid as to creditors unless both parties subscribe and make oath to the following

affidavit, which must be made on the mortgage and recorded with it:

"We severally swear that the foregoing mortgage is made for the purpose of securing the debt specified in the condition thereof, and for no other purpose whatever, and that said debt was not created for the purpose of enabling the mortgagor to execute said mortgage, but is a just debt, honestly due, and owing from the mortgagor to the mortgagee."

The mortgagee may sell the property at auction at any time within thirty days after the mortgage is due, posting notices of sale in two public places and giving written notice to mortgagor at least four days before the sale.

Descent and Distribution of Property.-Real property descends subject to dower and curtesy, as follows: 1st, to the children; if none, to the father; if none, to the mother, and brothers and sisters; if none of these, to the next of kin. The widow is entitled to dower of one-third of the real estate for life.

Personal property goes to the widow in the share assigned by law. The residue goes to the same persons as the real estate.

Divorce.-Causes: (1) Impotency; (2) adultery; (3) extreme cruelty; (4) conviction of crime punishable by imprisonment for more than one year, and actual imprisonment on such conviction; (5) treatment seriously injuring health; (6) treatment endangering reason; (7) absence for three years without being heard of; (8) habitual drunkenness for three years together; (9) refusal to cohabit for six months together; (10) when wife has resided out of the State separate from her husband ten years without his

consent.

The defendant must be served personally with the papers if the parties are residents of another State. If only one party, as the plaintiff, resides in the State, he must actually reside there one year.

Evidence.-Interest in the result of an action, or conviction of a crime, does not disqualify a witness from testifying, but the same may be shown as affecting his credibility. No person shall be compelled to give evidence tending to criminate himself, but may testify in his own behalf in criminal proceedings. The wife may testify for

or against the husband, and the husband for or against the wife, but not in violation of marital confidence.

Exemptions, wearing apparel; household furniture, worth $100; necessary beds and bedding; one cooking stove and furniture; one sewing-machine; Bibles and school-books; library, to value of $200; one cow, six sheep and their fleeces; one hog, one pig and slaughtered pork; four tons of hay; provisions and fuel, to the value of $50; tools of trade, worth $100; a yoke of oxen or a horse; uniform, arms, etc., of militiaman; pew in church; lot in cemetery.

Å homestead of the value of $500 is exempt.

Interest. The legal rate is six per cent. per anuum, and if more is taken, the party forfeits three times the amount so unlawfully taken.

Judgments bear interest from the date of their rendition, and are good for twenty years, but are not a lien on property of the debtor.

Limitations.-Actions upon contracts under seal, judgments, or recognizances, and actions on notes secured by mortgage on real estate, may be commenced at any time within twenty years. If the person entitled to bring a real action be an infant, married woman, or an insane person, the action may be brought within five years after such disability is removed, or if a personal action, within two years. Actions for libel and trespass to the person must be brought within two years. Actions upon promissory notes, not under seal, book accounts, etc., and all other personal actions, must be brought within six years. Where the defendant is absent from the State at the time the action accrued, the time of such absence shall be deducted from the time limited in bringing action. No action can be commenced against an administrator or executor within one year after his appointment; or until a demand is made; nor after two years from the original grant of administration; nor for any cause of action against the deceased after three years, unless by order of court; and where there is estate for the payment of such demands.

Married Women.-May hold property in their own right, excepting such as may be acquired by the payment of the husband or the pledge of any of his property. They are also entitled to dower in the improved real estate of the husband, and, jointly with the minor children, to a

homestead not exceeding $500 in value. They may make contracts, and sue and be sued in all matters, as if sole and unmarried; excepting as to contracts and conveyances between the husband and wife; and that no married woman shall be liable as surety or guarantor for her husband, nor any undertaking by her for him, or in his behalf. They may also dispose of their property by will, if of full age and sound mind, but cannot deprive the husband of his distributive share in her estate or his right of curtesy.

Qualifications for Voting.-Every male inhabitant twenty-one years of age.

Wills. Persons over the age of 21 are competent to make wills. A will must be signed and sealed by the testator, or by some person in his presence by his direction. It must be attested and subscribed in his presence by three or more witnesses. Married women may make wills. Nuncupative wills can only be made by the testator in his last sickness and in his home. There must be three witnesses, who must be requested to bear witness that such is his will. It must be reduced to writing within six days and proved within six months. Wills are recorded in the office of the Register of Probate.

SPECIAL LAWS OF NEW JERSEY.

Arrest.-Imprisonment for debt is abolished, except in cases of fraud in the contract, or in the debtor's removal, transfer or concealment of his property, to prevent its being reached by his creditors.

Assignments-Preferences are not allowed. The assignment must be acknowledged. The debtor must annex to the assignment an inventory under oath of his property, and a list of creditors and the debts owing to each. This must be_proved before the Surrogate and recorded in his office.

The assignee must give three weeks' notice by publication in two papers for creditors to present their claims. He must present an inventory, under oath, of the property to the Surrogate, and give bonds in double the amount of the valuation to the Ordinary of the State.

After all this is done, the assignment may be recorded in the office of the County Clerk or Register.

The creditors have three months to present their claims; if they do not present them they are not entitled to share in the assets after that time. The assignee must render his final account within one year. Wages of clerks, minors, mechanics, and laborers are preferred debts not exceeding $300 to one person. The landlord's claim for rent for one year is also preferred. If the debtor have a family, goods to the amount of $200 are reserved to him. There are also Insolvent Laws.

Chattel Mortgages.-Usual provisions as to recording with the Clerk or Register of the county. It is prudent to annex to the mortgage an affidavit made by the holder of the mortgage, stating the considerations of said mortgage and the amount due.

Descent and Distribution of Property.-Real estate descends, first, to children and their descendants; if none, then to brothers and sisters of the whole blood and their issue; if none, to the father; if no father, to the mother for life; if no mother, to the brothers and sisters of the half blood or their issue. The widow has dower, and the husband curtesy.

Personal property goes: one-third to the widow, if there are children, and the residue to the children in equal shares; if no widow, the children take all; if no children, the widow takes one-half, and the other half goes to next of kin; first, the father; if the father be dead, to the mother, brothers and sisters equally.

Divorce.-Causes: (1) Adultery; (2) bigamy; (3) willful desertion for three years; (4) within prohibited degrees. Partial divorce is granted for extreme cruelty. Plaintiff must reside in the State three years.

Execution.-Issues at any time within the period of limitation against the body, goods and chattels, lands and tenements, to be made first out of goods and chattels. From Supreme Court executions may issue into several counties at once. Public notice must be given of sale of chattels five days, of real estate two months, before sale. Execution may issue immediately, except in Justice and District Courts where defendant may procure good and sufficient freeholders, residents in the county, to join with the defendant in confessions of judgment to the plaintiff,