CHAPTER V.

JUDGMENTS AND JUDGMENT LIENS.

A judgment binds the lands of a debtor when registered. It also enables a creditor to seize the goods of his debtor, or to compel payment of debts due to the debtor, to himself, under what are called garnishee proceedings; but a judgment does not bind the personal property of the debtor until the writ of execution is in the hands of the Sheriff.

CHAPTER VI.

EXECUTIONS, EXEMPTIONS, REDEMPTION, SALE.

Executions are enforced against the land and personalty of the

debtor.

The debtor is entitled to an exemption of five hundred dollars in personalty.

For homestead exemption, see "Homesteads."

The debtor may redeem his property at any time before sale. Personal property has to be sold without any delay, and by public auction. Real property is advertised thirty days.

CHAPTER VII.

SECURITY FOR COSTS

Is always required when the plaintiff is resident out of the jurisdiction of the Court, in an amount of five hundred dollars; but if within the jurisdiction, he may commence actions in forma pauperis. if he is not in a position to pay fees.

CHAPTER VIII.

APPEALS

Are allowed from the County Courts to the Supreme Court, if made within forty-eight hours after the decision is objected to; from the Police and Magistrate Courts to the Supreme Court, if applied for in four days; from the Supreme Court to the Privy Council of England, or the Supreme Court of Canada, if the amount in dispute is over fifteen hundred dollars. Security required is five hundred dollars in the two latter cases.

CHAPTER IX.

ESTATES OF DECEASED PERSONS.

Intestate estates, where there is no next of kin or creditor who desires administration, are managed by the registrar of the Supreme Court as official administrator. There is no statutable time for sending in claims, but every estate is advertised and a time fixed. The claims have to be sworn to--if from a foreign country, before a Notary Public, attested by the British Ambassador, Consul, or Charge d'Affaires. Twelve months is the time allowed to settle the estate, whether the deceased died intestate or not. If the deceased left a will legally executed, his executors manage the estate without filing any security, and only file accounts at the end of the twelve months. If they neglect their duty, the devisees have a legal remedy, but the Court does not control them.

By a Provincial Statute, lands of an intestate descend to the same persons who would be next of kin of personal estate, but in such a case the widow is only entitled to dower, which is a life interest in one third.

A testator may devise lands as he pleases by his will. Neither the widow or children are entitled by law to any interest..

Wills of foreigners which have been duly proved in any foreign Court are admitted to probate on production of a duly certified record of the proceedings.

CHAPTER X.

HOMESTEADS

Land to the value of twenty-five hundred dollars may be made a homestead, if duly registered as such at a time when the owner was free from debt, and everyone is entitled to claim $500 on chattels to this value against any executive creditor.

CHAPTER XI.

DEPOSITIONS.

For matters in civil suits, evidence abroad is generally taken by Commissioners appointed by a Judge of the Supreme Court. In other matters, affidavits can be taken before any Minister, Ambassador, Consul, Vice-Consul, or Consular Agent, and if there is no one representing these functionaries, then before a Notary Public duly certified to be such by the Governor or Secretary of State.

CHAPTER XII.

JUDICIAL RECORDS-ACKNOWLEDGMENTS.

Judicial records of foreign States can be proved by examined copies, sealed with the seal of the State if relating to State documents, or the seal of the Court if relating to judicial records.

Acknowledgments of deeds can be taken before a Notary Public, duly certified to be such by the British Consul.

CHAPTER XIII.

LIMITED PARTNERSHIPS.

Joint-stock companies can limit the liability of their shareholders to the amount subscribed for by each, by registering under the

statute.

The law of private partnerships now allows a person to invest money in a business concern and receive a share of the profits, without being liable as a partner.