the rule of the common law as amended by our general laws and Civil Code. The printed statute books and reports of the United States, and the several States and Territories, may be had as evidence of such acts and decisions. In actions by copartners, it is not necessary to prove partnership, or christian names or surnames of partners, joint payees, or obligees; in such cases misnomer, misjoinder, or non-joinder must be pleaded in abatement in the answer by defendant. Contents of lost instruments may be proved by parol, after making proof of loss. Witness is not disqualified by reason of interest in event of suit or conviction of crime, except where the adverse party sues or defends as trustee or conservator of an idiot, lunatic, or distracted person, or as the executor or administrator, heir, legatee, or devisee of any deceased person, or as guardian or trustee of any such heir, legatee, or devisee, except under certain conditions named in the statute. In proving items contained in books of account, it must appear that it is a book of original entry; that the entries testified to were made by the witness, and are true and just; or that the same were made by a deceased person, or by a disinterested person, a non-resident of the State at the time of the trial, and were made by such deceased or disinterested person in the usual course of trade, and of his duty or employment to the party testifying; and upon such showing the account book and entries are admitted as evidence in the case. A husband cannot testify for or against his wife without her consent, and the wife cannot testify for or against the husband without his consent; nor shall either, during the marriage or afterwards, without the consent of the other, be examined as to communications made by one to the other during the marriage; but this exception does not apply in the case of civil actions or proceedings against each other, nor in criminal proceedings for a crime committed by one against the other.

A party to any civil action may be examined at the trial by the adverse party as if under cross-examination, and the party compelling such testimony is not bound thereby.

The following persons shall not be witnesses: 1st. Those who are of unsound mind at the time of their production as witnesses. 2d. Children under ten years of age who appear incapable of receiving just impressions of facts respecting which they are examined, or of relating them truly. Attorneys, clergymen, or physicians shall not be examined as to communications made to them while engaged in their professional employment, without the consent of the persons by whom such communications were made, nor shall public officers be examined as to communications made to them in professional confidence when in the judgment of the court public interests would suffer thereby. If a person offers himself as a witness, such offer shall be deemed consent, also the offer of a wife, husband, attorney, physician, or surgeon as a witness shall be deemed a consent to the examination of such person. Judgments of foreign countries may be proved by a copy of the record thereof certified by the clerk with the seal of the court annexed, if there be a court and seal, or by the legal keeper of the record with the seal of his office annexed, if there be a seal, together with a certificate of a judge of the court that the person making the certificate is the clerk of the court, or the legal keeper of the record, and that the signature is genuine; and also with a certificate of the minister or ambassador or consul of the United States in such foreign country that there is such a court, with the nature of the jurisdiction generally, and verifying the signature of the judge and clerk, or other legal keeper of the record.

Judgments of other States or Territories may be proved by a copy of the record thereof certified by the clerk or other person having the legal custody thereof, under the seal of the court, that the same is a true copy of the record.

Disputed handwriting may be proved by comparison by witnesses with handwriting proved to the satisfaction of the court to be genuine.

A mortuary table, established by statute, is admitted as evidence of the expectancy of life, to be taken in connection with evidence of the health, constitution, habits, and occupation of the party. Executions. Executions may issue to any county in the State on judgments in courts of record, and shall be made returnable ninety days after date. They are a lien on the goods and chattels of the defendant in the county from the time they are delivered to the officer to be served, who shall indorse such time of receipt on the execution. The plaintiff in execution may elect upon what property he will have the execution levied, except that the land on which the defendant resides shall be taken last. Sales of real estate levied on by virtue of a writ of execution must be had at public vendue, after advertisement of such sale for twenty days. The sheriff must execute to the purchaser a certificate of purchase. The defendant, his beirs, executors, administrators, or grantees, may redeem such real property in six months after the sale by paying the amount bid therefor, with interest at ten per cent. per annum from such sale. After the expiration of six months and before the expiration of nine months from such sale, a judgment creditor may redeem such property by causing execution to be issued to the sheriff on his judgment and paying the amount bid by the prior purchaser thereof, with ten per cent. interest thereon, to the sheriff for the use of such purchaser. The property shall be readvertised for sale by the sheriff, and at such sale the last judgment creditor so redeeming said lands shall be considered to have bid the amount paid by him to the sheriff, and if no higher amount is bid at such last sale a deed shall be executed to such last judgment creditor by the sheriff, and no other redemption shall be allowed. If at said last sale a higher bid shall be made, the sheriff shall execute to such higher bidder a certificate of purchase for a deed within sixty days from such sale, unless such land shall be redeemed by some other judgment creditor within sixty days

therefrom. Said land may be successively redeemed by judgment creditors within every period of sixty days in the same manner and form, but if sixty days shall elapse without redemption, the last purchaser shall be entitled to a deed therefor. Certificates of purchase are assignable. Ten days' notice must be given of the sale of chattels on execution in the same manner as in sales of real estate.

Exemptions.

Executions from justices' courts may issue at once after judgment (except that in cases of unlawful detainer or forcible entry or detainer a writ of possession cannot be issued until after the expiration of forty-eight hours after judgment), and are returnable in thirty days. They may issue to any other county than the county in which the judgment was rendered, provided it appears by the return of the execution issued from the justices' court that the defendant has not personal property within the county sufficient to satisfy the debt. They become a lien on the personal property of defendant in the same manner as executions from a court of record. Execution may issue on judgments to enforce the same at any time within twenty years from the entry thereof, but not afterwards unless revived as provided by law; and from and after twenty years from the entry of final judgment the same shall be considered as satisfied in full unless revived as provided by law. See Supplementary Proceedings; Judgments. Every householder, being the head of a family, is entitled to a homestead of the value of two thousand dollars exempt from execution and attachment while such homestead is occupied by the owner or his or her family. Entry of homestead is made by writing the word "homestead" on the margin of the recorded title thereof, attested by the recorder with date of entry. There is also exempt from execution and attachment the necessary wearing apparel of every person, and the following property of a person being the head of a family: Family pictures, school-books, and library, a seat or pew in any house of public worship, the sites of burial for the dead, all wearing apparel of the debtor and his family, all beds, bedsteads, and bedding, kept and used for the debtor and his family, all stoves and appendages kept for the use of the debtor and his family, all cooking utensils, and all the household furniture not above enumerated not exceeding one hundred dollars in value, the provisions for the debtor and his family necessary for six months, and fuel necessary for six months. The tools and implements or stock in trade of any mechanic, miner, or other person not exceeding two hundred dollars in value, the library and implements of any professional man not exceeding three hundred dollars in value, one bicycle, one sewing-machine, working animals of any person to the value of two hundred dollars, one cow and calf, ten sheep, and food for same for six months, one farm wagon, cart or dray, one plow, one harrow, and other farming implements, including harness and tackle for team not exceeding fifty dollars in value. If the head of the family dies the family is entitled to the exemption. There is also exempt from levy on execution, attachment, or garnishment sixty per cent. of the amount, due at the time of levy, of wages or earnings of the head of the family or his wife, when such family resides in the State and is dependent, in whole or in part, upon such earnings.

Pension money received from the United States is exempt from all legal process, whether in the actual possession of the pensioner, deposited, or loaned, and whether the pensioner be the head of a family or not. This exemption runs to the pensioner's wife and children, or either of them, in case of his death or absconding.

Garnishment.-Upon the issuing of a writ of attachment, or at any time thereafter, the plaintiff may have a writ of garnishment issue. Garnishment proceedings may also be had after execution has been issued. Whenever a writ of attachment has been issued from a court of record and delivered to the proper officers, and after diligent search sufficient property has not been found to satisfy the claim of plaintiff, the officer shall summon such person or persons as plaintiff may direct as garnishee, to appear before the court to answer as to the property or effects in his hands belonging to the defendant. Judgment may be rendered against the garnishee according to the facts shown. No person garnisheed is required to plead any exemption in behalf of the defendant or judgment debtor; nor is he required to protect any assignment of property in his possession; in the latter case it being sufficient for the person garnisheed or attached to interplead, showing that the property is claimed by some other person by virtue of an assignment. The court will then order the assignee to defend his claim.

Inheritance Tax. See Descent and Distribution of Property.
Insolvent Laws. See Assignments.

Interest. In the absence of any agreement or contract, the legal rate of interest is eight per cent. per annum, but any rate may be agreed upon. All county, town and city, and school orders and warrants and other like evidences and certificates of municipal indebtedness bear six per cent. interest from presentation. There are no usury laws. Judgments. Judgments are liens on all the goods and chattels of the debtor from the time the execution is delivered to the officer. By filing a transcript of the judgment of a court of record in the office of the clerk and recorder of a county, the judgment becomes a lien on the real property of the debtor in such county for six years from entry of the judgment. Judgments of justices of the peace may be made in effect judgments of the district court by filing with the clerk of the district court a transcript of such judgment, duly certified by the justice. If the judgment creditor is enjoined either by chancery or by the order of any judge or court from issuing execution, or selling thereon, the time during which he is enjoined is taken from the six years above stated. Judgment may be ren

95

dered without action upon an agreed state of facts, provided it appears by affidavit that the controversy is real and the proceedings are brought by the parties in good faith to determine the rights of the parties. The defendant may at any time before trial or judgment offer to allow judgment to be taken against him for a sum of money, for property, or to the effect specified in the offer. If the offer be not accepted within five days, and the The proplaintiff do not recover more than the offer, he shall pay the defendant's costs from the time of offer. Judgments by arbitrators appointed by the parties are valid. There is no judgment by ceedings to obtain such judgments are regulated by statute. confession. Judgments rendered in cases where personal service has not been had on a defendant may be set aside at any time within six months from the rendition thereof on the application of the defendant or his legal representatives, on such terms as may be just, and an answer to the merits may be filed. Judgments by default are entered on failure to appear or plead. In pleading a judgment or other determination of a court or officer of special jurisdiction, it is not necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly made or given. The court may upon affidavit or notice, payment of costs, and just terms, relieve a party or his legal representatives from a judgment, order, or other proceeding taken against him through mistake, inadvertence, surprise, or excusable neglect. Application for such relief must be made at the same term in which such judgment, etc., was rendered; but if the party has not been able to apply therefor at the same term, he may upon showing be allowed the relief within a reasonable time, not exceeding six months after the adjournment of the term or, on terms, within one year, if the defendant was not personally served. When a judgment remains unsatisfied in whole or in part, it may be revived by petition. Judgments may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants, and it may determine the ultimate rights of the parties on each side as between themselves. On trial by jury judgment must be entered by the clerk within twenty-four hours, unless the court orders otherwise. A judgment rendered upon a verdict or decision of fact, where the defendant has died between the rendition of the verdict or decision and entry of judgment, shall not be a lien on the real property of the deceased defendant, but shall be payable in the course of administration of the estate, and becomes a claim of the fourth class against said estate. See Claims against Estates. Satisfaction of a judgment may be entered on the clerk's docket upon an execution returned satisfied, or upon an acknowledgment of the judgment creditor filed with the clerk, made in the same manner as an acknowledgment of a deed, or it may be made within one year after the judgment by the attorney unless a revocation of his authority has been filed previously with the clerk. The court may compel satisfaction of judgment to be entered upon When an action is against two or motion, when a judgment has been satisfied in fact. more defendants jointly indebted, the plaintiff may recover judgment against all the defendants jointly indebted and bind the property of the defendant or defendants served and the joint property of all. When the action is against defendants severally liable, the plaintiff may proceed against the defendants served in the same manner as if they were the only defendants. When a judgment is recovered against defendants jointly indebted, a summons may be issued against those defendants not served, to show cause why they should not be bound by the judgment, and in such case a new complaint is not necessary; the summons must be accompanied by an affidavit that the judgment or a part thereof remains unsatisfied. The defendant may in answer to such summons set up any defense except the statute of limitations.

Domestic A judgment may be revived as provided in chapter 19 of the Civil Code of 1887. License. Commercial travelers are not required to take out a license. corporations having a capital stock of twenty-five thousand dollars or over are required to pay a license fee of two cents upon each thousand dollars of stock, and all foreign corporations must pay a fee of four cents upon each thousand dollars, except that when the par value of the shares of a foreign corporation is less than one dollar per share, the fee is two and one half cents per thousand shares. The right to do business is forfeited while such tax (which is due on the 1st of May of each year) is unpaid, and the failure to pay the tax may be pleaded as a defense to any action at law or in equity brought by the delinquent corporation. These provisions do not apply to educational, religious, benevolent, or fraternal societies.

Liens. Mechanics' and others. All persons (including architects, engineers, and artisans) performing labor or furnishing materials for any structure or improvement upon land at the instance of the owner or his agent, shall have a lien upon the property upon which they have bestowed labor or furnished material, together with so much of the lands on which the structure or improvement is situated as may be necessary for its convenient use and occupation. The rank of liens is as follows: First, sub-contractors, being laborers, or mechanics working by the day or piece; second, other sub-contractors and material-men; third, original contractors. The lien shall extend to the entire contract price. If the amount to be paid under contract exceeds five hundred dollars, the contract shall be in writing and filed for record, and, if not so filed for record, labor done and materials furnished by all persons except the contractor shall be deemed to have been done and furnished at the personal instance of the owner, and the lien shall be for the value thereof. The contract price cannot be paid in advance, and at least fifteen per cent. of the whole price shall be made payable at least thirty-five days after the final completion of the work under the

contract. As to all liens except that of the contractor, the whole of the contract price shall be payable in money, and cannot be diminished by claims of the owner against the contractor. The original contractor is allowed three months, material-men two months, and laborers by the day or piece one month, after the completion of the structure or improvement, within which to file for record with the county recorder a claim of lien containing a statement of demand, showing just credits and offsets, the name of the owner or reputed owner, the name of the person by whom employed, to whom materials were furnished, with statement of terms and conditions of the contract, and a description of the property to be charged with the lien sufficient for identification; the claim to be verified by oath; and in case of a sub-contractor written notice of the intention to file must be given to the owner, his agent or architect, at or before the filing. Suit to enforce the lien must be instituted within six months after filing the statement in order to hold the property. Cessation of work for thirty days shall be deemed equivalent to a completion. If the contract be in writing, the liens relate back to the commencement of work under the same. If not in writing, the liens relate back to the commencement of the work upon the structure or improvement, and have priority over intervening incumbrances, or prior incumbrances not then recorded, and of which the lienor did not have actual notice. The right to a lien upon mining property extends to those working for a lessee, with a proviso that the law shall not apply to the owner or owners of mining property who shall lease the same in small blocks of ground to one or more sets of lessees. A party claiming a lien may assign in writing

his claim and lien, either before or after filing statement of lien.

Liens are given for feeding, herding, pasturing, or ranching cattle and horses; upon the baggage of a guest or boarder, for board and rent of rooms in a hotel; boarding-house or house for the rent of rooms; to common carriers of goods and passengers upon goods carried or transported on request of the owner, for the price of transportation and storage; to mechanics, upon articles of personal property, for the repair, making, or alteration thereof at the request of the owner; and attorneys at law have liens on all papers in their hands for attorneys' fees.

Limitations.-- Actions for the recovery of lands are to be brought within twenty years after the right of action accrues. Actions for the recovery of lands which have been in actual occupancy of another under a connected title deducible of record from the State, the United States, or from any officer or person authorized to sell for taxes, or on execution, or under order or decree of court, must be brought within seven years after the possession has been taken; but if the title is acquired after taking possession, then the limitation runs from the date of acquiring such title. As to persons under disability, the time is extended for two years after disability is removed. Persons and their heirs, devisees, and grantees, having been in possession of lands for seven years under claim and color of title, and having paid all legally assessed taxes for that period, are to be deemed owners according to the purport of their paper title. So, also, as to vacant and unoccupied land held under claim and color of title, on which legally assessed taxes have been paid for the same period, unless some one having a better paper title should pay the taxes for one or more years in such term of seven years. Actions founded upon contract, express or implied, upon judgments of courts not of record, for rent, for waste and trespass on land, for taking, detaining, or injuring personal property, and assumpsit, must be begun within six years after cause of action accrued; actions against sheriffs or other officers for escape of persons imprisoned on civil process, within six months from time of escape; actions for assault and battery, for false imprisonment, for slander, for libel, and actions against sheriffs and coroners for misfeasance or nonfeasance, except for escapes, within one year after cause of action accrued. On an account current, the cause of action accrues at time of the last item proved. All other personal actions, not above enumerated, must be begun within three years after accruing of action. The above limitations apply to set-offs on behalf of defendant in actions on debts or contracts. Actions for penalties or forfeitures of penal statutes brought by the State, or by any person to whom the penalty or forfeiture in whole or in part is given, shall be commenced in one year after the offense is committed, unless the time is otherwise limited by the terms of the penal statute upon which the forfeiture is based. Bills of relief on the ground of fraud shall be brought within three years after the discovery of the fraud by the party aggrieved, and, in cases of trust, not cognizable in a court of common law, bills for relief must be brought within five years after the cause has accrued. Actions concerning water rights must be brought in four years; actions brought on account of injury or death of employee must be commenced within two years from the date of accident. Actions to recover lands sold for taxes must be brought within five years after delivery of treasurer's deed. (Part of Revenue Act of 1901 declared void.)

Persons under the age of twenty-one years, married women, persons insane, imprisoned, or absent from the United States, may bring any of above actions, within the times respectively limited, after the disability of such infancy, coverture, imprisonment, or absence is removed. That the cause of action accrued without the State upon a contract or agreement, express or implied, or upon any sealed instrument in writing, or judgment or decree of any court, more than six years before the commencement of the action, may be pleaded in bar of the action. If the cause of action arose outside of the State more than six years before, and was put in judgment out of the State more than three months before, the bringing of action thereon in this State, the statute may be pleaded in bar, provided that the defendant is a bona fide resident of this State. A cause of action arising in this State against

a bona fide resident cannot be revived when the statute has run by placing it in judgment in another jurisdiction and making that judgment the basis of an action here. Executors and administrators may bring their actions to recover demands due decedents within one year after the granting of letters testamentary or of administration, if demand is barred at the date of such letters, and decedent died before it was barred.

In case of abatement of action begun within the period of limitation, new action may be begun in one year thereafter. The new promise of one coöbligor will not render the others liable upon such promise. The effect of payment by defendant is not impaired, but no indorsement of such payment by or on behalf of the plaintiff shall be deemed sufficient proof of such payment. Payment by one coöbligor will not take the case out of the statute as to the others.

Redemption of property sold at tax sale is limited to three years. Redemption of property sold under a decree of foreclosure of a mortgage is allowed in the same manner and time as the redemption of lands sold under execution.

Married Women.

A married woman may transact business the same as if sole; may dispose of her personal and real estate, or make any contract in relation to the same without her husband's consent, and may sue and be sued in all matters as if sole, and may convey her real estate without her husband's joining in the deed with her; and her acknowledgment to such deed may be taken in the same manner as her husband's. Executions may issue against her property on judgments obtained against her. In a proceeding to condemn the lands of a married woman under the State's right of eminent domain, the husband is a necessary party defendant.

Her separate property acquired by her, or left to her by will before or after marriage, is not bound for her husband's debts. She can make contracts in her own name, buy goods, give notes in settlement of purchases, and do any business the same as if sole, and bind her own separate property, real and personal. See Chattel Mortgages; Deeds.

A married woman is joint guardian of her children with her husband, with equal powers, rights, and duties. Upon the death of the father or mother of a child under twenty-one years of age and unmarried, the surviving parent may, by deed or will, dispose of the custody and tuition of such child during its minority, or for any less time, to a proper

person.

A female may marry at the age of eighteen without the consent of parents or guardian. She may choose her own guardian at the age of fourteen years. Women have the right to vote at all elections, subject to the same qualifications as to age, etc., required by law to entitle males to vote. See Evidence.

Mechanics' Liens. See Liens.

Mortgages. Trust deeds with power of sale to the public trustee are generally in use. Mortgages may be released by entry of satisfaction or receipt on margin of record. Mortgages are foreclosed by suit brought for that purpose. See also Chattel Mortgages; Trust Deeds.

Notaries Public. - Notaries public are appointed by the governor and hold office for four years, unless sooner removed. They can only exercise their notarial functions in the county for which they are appointed. Their powers are to administer oaths, to "receive the proof of acknowledgment of all instruments of writing relating to commerce and navigation, receive and authenticate the acknowledgments of deeds and powers of attorneys, make declarations and protests, and do all acts usually done or performed by notaries public in other States and Territories, and certify the truth of all their official acts under their official seal." They must give notice in writing of protests of promissory notes, etc., to the makers, indorsers, etc., within twenty-four hours of the time of such protest. They must personally serve the notices of protest, unless the parties protested against reside more than a mile from the town in which the protest was made, in which case the notice may be forwarded by mail, or other safe conveyance. They are required to keep a record of their official acts, and to give certified copies of such records upon request on being paid their fees therefor. Their record must show the time and manner in which the notice of protest was served, the names of the parties to whom it was directed, and the description and amount of the instrument protested, and is competent to prove such notice. They are required to take oath and to give bond in the sum of one thousand dollars for the faithful performance of their duties, and the sureties must be certified to by the county clerk as being worth more than the penal sum of the bond over and above their just obligations. Actions on notarial bonds are limited to three years. Official acts performed by notaries of the Territory of Kansas are valid if otherwise correct. Acknowledgments may also be taken before any judge or justice of any organized court of Colorado. A notary's official acts must be attested by his notarial seal, which shall consist of an impression upon paper or wax setting forth the name and residence of the notary, and the notary must also designate in writing on all his certificates the date when his commission as notary expires. Either the secretary of state or the county clerk and recorder of the county, within which the notary public is authorized to act, may certify the official character of the notary.

Notes, Bills of Exchange, etc.- Promissory notes, due-bills, bonds, and other instruments in writing, may be made for the payment of personal property or money, and are negotiable by indorsement. If inade payable to a person, they do not pass by delivery alone, but must be assigned by indorsement, under the hand of the payee and of his assignee, so as absolutely to vest the property thereof in each and every assignee successively. The