CHAPTER VI.

PROCEEDINGS SUPPLEMENTARY TO EXECUTIONS.

When an execution is returned unsatisfied, the judgment creditor may compel the debtor to appear before a Judge and answer concerning his property, and upon such hearing witnesses may be examined. If any property is found, the Judge may order the same applied on execution.

CHAPTER VII.

SECURITY FOR COSTS-APPEALS.

SECURITY FOR COSTS.

Security may be required in all cases where suit is brought by a non-resident; and where such security is required, all proceedings are stayed, and the action will be dismissed unless an undertaking is filed in such an amount as may be fixed by the Court within thirty days.

Same as in California.

APPEALS.

CHAPTER VIII.

ESTATES OF DECEASED PERSONS.

The widow or minor children of a deceased person are entitled to remain in possession of the homestead, of all wearing apparel and household furniture of the decedent, and are also entitled to a reasonable provision for their support.

The wife and minor children are entitled to the homestead, if there be one, and to all personal property of the decedent exempt from execution. If upon the return of the inventory it appears that the value of the whole estate does not exceed $1,500, it must be assigned for the use of the widow and minor children, after the payment of the expenses of the last illness, funeral charges, and the expense of administration.

Every executor or administrator must immediately after his appointment publish a notice to the creditors of the estate requiring them to present their claims to him with proper vouchers. If the value of the estate exceeds ten thousand dollars, such claims must be presented within ten months; if under that sum, within four months; and unless they are so exhibited within the time aforesaid they are barred. Every claim must be supported by the affidavit of the claimant, or some one in his behalf, setting forth that the claim is justly due, that no payments have been made thereon which are not credited, and that there are no offsets to the same. If the claim is not due when presented, or is contingent, the particulars must be stated. When claims are thus exhibited, the administrator must, within ten days, indorse upon it his allowance or rejection, with date thereof. If he allows the claim, it must be presented to the Probate Judge for his approval, who must in the same manner indorse upon it his allowance or rejection. A failure by either of said officers for a period of ten days to make such indorsement is equivalent to a rejection.

When a claim has been rejected either by the administrator or

Probate Judge, the holder must bring suit within three months from the date of such rejection, if it be then due, or within two months after it becomes due, otherwise the claim is barred.

CHAPTER IX.

DEPOSITION - JUDICIAL RECORDS - ACKNOWLEDG

MENTS.

DEPOSITIONS.

Same law as in California, from which our code was taken.

JUDICIAL RECORDS

Of another State or Territory are proved by the production of exemplified copies.

ACKNOWLEDGMENTS.

Every conveyance affecting real estate must be in writing and acknowledged, or proved and certified. The following is a general form of acknowledgment, viz:

Be it remembered, that on this day of, 187-, before the undersigned, a (title of office) within and for the county aforesaid, personally appearing, came- -to me, personally known to me to be the same person mentioned in and who executed the foregoing instrument, and he acknowledged to me that he had so executed the

same freely and voluntarily, and for the uses and purposes therein expressed.

Witness my hand, etc.

If a married woman is a party, the certificate must state that the officer examined her apart from and without the hearing of her husband, and that she then acknowledged that she executed the same freely and voluntarily, without fear of or under compulsion of her said husband, and that she did not wish to retract the execution of the same.

CHAPTER X.

LIMITED PARTNERSHIPS

May be created by two or more persons who shall be responsible as general partners, and two or more persons who shall contribute to the common stock a specific sum in actual cash payments.

The special partners not to be liable for any debt of the partnership. In order to create such partnership it is necessary that a certificate, stating the name of the partnership firm, the place of residence of each of the general and special partners, the amount of the capital which each special partner has contributed, the general nature of the business, the time when the partnership is to commence and when it is to terminate, shall be made, acknowledged and recorded in the office of the County Recorder of the county in which the principal place of business of the partnership is located. Any false statement in such certificate subjects all, parties to liability as general partners.

CHAPTER XI.

MARRIED WOMEN

Are liable on their contracts made for benefit of or with reference to their separate property. They may become sole traders by filing a certificate in the County Recorder's office, and conduct business as a femme sole.

All the property owned by a married woman, before her marriage, and all that she may acquire after her marriage, by descent, gift, grant, devise, or otherwise, and the increase, use, and profits thereof, are exempt from her husband's debts, unless for necessary articles procured for herself, and her children under eighteen years of age; but in order to secure such exemption, such property must be mentioned in a list of her separate property, which list must be of record in the office of the County Recorder of the county in which she resides.