Every claim presented to the executor or administrator shall be supported by the affidavit of the claimant, that the amount is justly due, that no payments have been made thereon, and that there are no offsets to the same to the knowledge of the claimant or other affiant; provided, that when the affidavit is made by any other person than the claimant, he shall set forth in the affidavit the reason it is not made by the claimant.

The affidavit may be sworn to before any officer authorized to take oaths.

When a claim is presented and allowed by the executor or administrator, it shall then be presented to the Probate Judge for his approval, and within thirty days thereafter filed with the Probate Court.

If a claim be founded upon a bond, note, or other instrument, the original instrument shall be presented. If the claim be secured by a mortgage or other lien, such mortgage or other evidence of liens shall be attached to the claim, and filed therewith, unless the same be recorded in the office of the Recorder of the county in which the land lies, in which case it shall be sufficient to describe the mortgage or lien, and refer to the date, volume and page of its record. In all cases the claimant may withdraw his claim from file on leaving a certified copy, with a receipt indorsed thereon by himself or agent.

After a claim is rejected, suit must be brought thereon within three months, or it is forever barred; if it be not then due, suit must be brought within three months from the time it falls due. An outlawed claim must not be allowed.

When a judgment has been rendered against the testator or intestate in his lifetime, no execution shall issue thereon after his death; but a certified copy of such judgment shall be presented to the executor or administrator, and be allowed, and filed and rejected, as any other claim, but need not be supported by the affidavit of the claimant; and if justly due and unsatisfied, shall be paid in due course of administration; provided, however, that if the execution shall have been actually levied upon any property of the deceased, the same may be sold for the satisfaction thereof, and the officer making the sale shall account to the executor or administrator for

any surplus in his hands, The executor or administrator may, how

ever, require the affidavit of the claimant, or other satisfactory proof, that the judgment, or any portion thereof, is justly due and unsatisfied.

CHAPTER XII.

AFFIDAVITS AND DEPOSITIONS.

An affidavit taken in another State or Territory, to be used in this Territory, shall be taken before a Commissioner appointed by the Governor of this Territory to take affidavits and depositions in such State or Territory, or before any Judge, or Notary Public, or Clerk of a Court having a seal; when taken before a Judge the genuineness of the Judge's signature, the existence of the Court, and the fact that such Judge is a member thereof, shall be certified by the Clerk of the Court under the seal thereof.

The deposition of a witness out of the Territory may be taken in an action at any time after the service of the summons or the appearance of the defendant. It shall be taken under a commission issued from the Court under the seal of such Court. It shall be issued to a person agreed upon by the parties, or if they do not agree, to any Judge or Justice of the Peace selected by the officer granting the commission, or to a Commissioner appointed by the Governor of this Territory to take affidavits and depositions. The deposition must be returned in a sealed envelope, directed to the Clerk or other person designated or agreed upon, by mail or other usual channel of conveyance.

CHAPTER XIII.

ACKNOWLEDGMENTS.

The proof or acknowledgment of every conveyance affecting any real estate shall be taken by some one of the following officers:

1. If acknowledged or proved within this Territory, by some Judge or Clerk of a Court having a seal, or some Notary Public or Justice of the Peace of the proper county.

2. If acknowledged or proved without this Territory, and within the United States, by some Judge or Clerk of any Court of the United States, or of any State or Territory having a seal, or by any Commissioner appointed by the Governor of this Territory for that purpose.

3. If acknowledged or proved without the United States, by some Judge or Clerk of any Court of any State, Kingdom, or Empire having a seal, or by any Notary Public therein, or by any Minister, Commissioner, or Consul of the United States appointed to reside therein.

Every officer who shall take the proof or acknowledgment of any conveyance affecting any real estate, shall grant a certificate thereof, and cause such certificate to be indorsed or annexed to such conveySuch certificate shall be:

ance.

1. When granted by any Judge or Clerk, under the hand of such Clerk or Judge.

2. When granted by an officer, who has a seal of office, under the hand and official seal of such officer.

The certificate of such acknowledgment shall state the fact of acknowledgment, and that the person making the same was personally known to the officer granting the certificate to be the person whose name is subscribed to the conveyance as a party thereto, or was proved to be such by the oath or affirmation of a credible witness, whose name shall be inserted in the certificate.

A married woman may convey her real estate, her husband joining in the conveyance, No acknowledgment to be made by a married

woman unless she be personally known to the officer taking the same to be the person whose name is subscribed to such conveyance as a party thereto, or shall be proved to be such by a credible witness; nor unless such married woman shall be made acquainted with the contents of such conveyance, and shall acknowledge on an examination, apart from and without the hearing of her husband, that she executed the same freely and voluntarily, without fear or compulsion, or undue influence of her husband, and that she does not wish to retract the execution of the same.

CHAPTER XIV.

MARRIED WOMEN.

All property, both real and personal, of the wife, owned by her before marriage, and that acquired afterward by gift, bequest, devise or descent, shall be her separate property, and is not subject to the debts of her husband.

All property acquired after marriage, by either husband or wife, except such as may be acquired by gift, bequest, devise, or descent, shall be common property.

The separate property of the husband is not liable for the debts of the wife contracted before marriage, but the separate property of the wife shall be and continue liable for all such debts.

CHAPTER XV.

CHATTEL MORTGAGES.

Chattel mortgages may be made on the following property, viz: Upholstery and furniture used in hotels and public boardinghouses, when mortgaged to secure the purchase money of the identical articles mortgaged, and not otherwise; saw-mill, grist-mill, and steamboat machinery; tools and machinery used by machinists, foundry men and other mechanics; steam boilers, steam engines, locomotives, engines and the rolling stock of railroads; printing presses and other printing material; instruments and chests of a surgeon, physician or dentist; libraries of all persons; machinery and apparatus for mining purposes; growing crops, grain in store or field; teams and implements pertaining to farming; stock of all kinds on farm.

No chattel mortgage made shall have any legal force or effect, (except between the parties thereto) unless the residence of the mortgagor and mortgagee, their profession, trade or occupation, the sum to be secured, the rate of interest to be paid, when and where payable, shall be set out in the mortgage; and the mortgagor and mortgagee shall make affidavit that the mortgage is bona fide, and without any design to defraud or delay creditors, which affidavit shall be attached to such mortgage.

Mortgage not valid as to third parties, unless duly recorded, or unless the mortgagee receives and retains the actual possession of the property.