CHAPTER XIV.

DESCENT OF REAL PROPERTY.

When any person dies, seized of any real property, or any right thereto, or any interest therein, not having lawfully devised the same, such real property descends, subject to his debts, as follow:

1. In equal shares to his children and to the issue of any deceased child by right of representation; and if there be no child of the intestate living at the time of his death, such real property descends to all his other lineal descendants; and if all such descendants are in the same degree of kindred to the intestate, they take such real property equally; or otherwise, they take according to the right of representation.

2. If the intestate leaves no lineal descendants such property descends to his wife; and if he leaves no wife it descends to his father.

3. If the intestate leaves no lineal descendants, wife nor father, such real property descends in equal shares to his brothers and sisters, and to the issue of any deceased brother or sister by right of representation; but if the intestate leaves a mother also, she takes an equal share with such brothers and sisters.

4. If the intestate leaves no lineal descendants, wife, father, brother nor sister living at his death, such real property descends to his mother, to the exclusion of the issue of his deceased brothers or sisters.

5. If the intestate leaves no lineal descendants, wife, father, mother, brother nor sister, such real property descends to his next of kin in equal degree, excepting that when there are two or more collateral kindred in equal degree, but claiming through different ancestors, those who claim through the nearest ancestor are preferred to those claiming through a more remote ancestor.

6. If the intestate leaves one or more children, and the issue of one or more deceased children, and any of such surviving children shall die under age, without having been married, all such real prop

erty that came to such deceased child by inheritance from such intestate, descends in equal shares to the other children of the intestate, and to the issue of any other children of such intestate who shall have died, by right of representation; but if all the other children of such intestate are also dead, and any of them shall have left issue, such real property so inherited by such deceased child descends to all the issue of such other children of the intestate in equal shares, if they are in the same degree of kindred to such deceased child; otherwise they take by right of representation.

7. If the intestate leaves no lineal descendants or kindred, such real property escheats to the State of Oregon.

CHAPTER XV.

DESCENT OF PERSONAL PROPERTY.

When any person dies possessed of any personal property, not having lawfully bequeathed the same, such personal property is applied and distributed as follows:

1. If the intestate leaves a widow, she is allowed all her articles of apparel and ornaments, according to the degree and estate of the intestate, and such property and provisions for the use and support of herself and minor children as shall be allowed and ordered.

2. The personal property of the intestate remaining after such allowance is applied to the payment of the debts of the intestate, and the charges and expenses of administration.

3. The residue, if any, of the personal property is distributed among the persons who would be entitled to the real property, except as otherwise provided,

4. If the intestate leaves a husband, such husband is entitled to the whole of the personal property.

5. If the intestate leaves a widow and issue, such widow is entitled to receive one-half of such personal property; but if there be a widow and no issue, she is entitled to the whole of such personal property.

6. If there be no husband, widow or kindred, the whole escheats to the State.

CHAPTER XVI.

HOMESTEADS AND DOWER.

HOMESTEADS.

There is no homestead law in this State.

DOWER.

The widow of every deceased person is entitled to dower, or the use during her natural life of one-third part of all the lands of which her husband was seized of an estate of inheritance at any time during the marriage, unless she is lawfully barred thereof.

CHAPTER XVII.

DEPOSITIONS.

The deposition of a witness out of the State may be taken upon commission issued from the Court, or without commission before a Commissioner appointed by the Governor of this State to take depositions in other States or countries. The commission may be issued by the Clerk of the Court, or the Justice in a cause pending in a Justices' Court, on the application of either party upon five days' previous notice to the other. It is issued to a person agreed upon by the parties, or if they do not agree, to a Judge, Justice of the Peace, Notary Public, or Clerk of a Court selected by the officer issuing it. Such interrogatories, direct and cross, as the parties may prepare may be annexed to the commission.

Deposition of E F, a witness on behalf of the

-in the

above entitled action, taken before me, a Commissioner named in the attached commission, and a (Notary Public) in and for

my office, at the city ofin said county and State, who being first duly sworn in answer to the direct and cross interrogatories attached to said commission in their order, testified as follows: 1. To the first direct interrogatory he answers, etc.

When completed the deposition should be read to the witness, and then subscribed by him.

The following form of certificate should be added to the deposition : STATE OF

I,

COUNTY OF

SS.

a (Notary Public) in and for said county and State, and Commissioner, before whom the foregoing deposition was taken,

do hereby certify that the deposition of said witness, E F, was takeņ me, at my office in the city ofin said county and 18-, between the hours of

before
State, on the day of

o'clock A. M., and- -o'clock M. of said day; that before proceed

ing to the examination, the witness was duly sworn to tell the truth, the whole truth, and nothing but the truth; that at the same time and place I propounded to said witness the interrogatories attached to said commission in their order, and reduced his answers thereto to writing, and that when completed, the deposion was carefully read over by me to said witness, and then by him subscribed. In witness whereof, I have hereunto set my hand and official seal, day of 187-.

this

[SEAL.]

Notary Public, etc.

and Commissioner.

Indorse upon the envelope the title of the Court and cause, and the words "deposition of

officer issuing the commission.

," and forward by mail to the

CHAPTER XVIII.

JUDICIAL RECORD.

The judicial record of a sister State is proved by the production of a copy thereof, certified by the Clerk or other person having the legal custody of the record, with the seal of the Court affixed thereto, if there be a seal, together with a certificate of the chief Judge, or presiding Magistrate, that the certificate is in due form, and made by the Clerk or other person having the legal custody of the original.