Non-resident aliens or corporations incorporated under the laws of any foreign country, or corporations organized in this country one-half of whose stock is owned or controlled by non-resident aliens, are hereby prohibited from acquiring title to or taking or holding any lands or real estate in this State by descent, devise, purchase or otherwise, except that the widow and heirs of naturalized citizens and of aliens who have heretofore acquired lands in this State under the laws thereof may hold such lands by devise or descent for a period of ten years and no longer.

Any non-resident alien may acquire and hold real property to the extent of three hundred and twenty acres, or city property to the amount of ten thousand dollars in value, provided that within five years the same is placed within the actual possession of a relation of such purchaser, within the third degree, and further provided that such occupant becomes a naturalized citizen within ten years

This act does not apply to aliens who are residents of the State of Iowa, who shall have the same right to acquire, hold and dispose of property as natural born citizens of the United States.

II. ASSIGNMENTS:

No insolvent law. Assignments are not valid unless for the benefit of all creditors, when the assent of creditors is presumed. The debtor must furnish a sworn inventory and list of creditors; and the assignment, which vests in the assignee title to all property of the debtor, must be recorded. Assignee must give bonds, prepare an inventory and valuation, and notify creditors by mail to file claims within three months. All claims filed must be sworn to, and all claims not filed within three months after notice is published cannot be paid until all claims filed within said three months are paid. Claims objected to may be passed upon by a jury, and the assignee is in all respects subject to the order of the court, and renders a final account thereto. All personal property must be disposed of within six months and all real estate must be disposed of and final settlement made within one year from date of assignment, unless otherwise ordered by the court. An assignment does not discharge the debtor from his debts and liabilities, but only entitles creditors to share equally in his estate. Wages due a creditor for personal services rendered at any time within ninety days preceding the assignment is a preferred claim, and to be paid in full. The assignment is docketed as a case in court. Special assignments under the common law are

III. ATTACHMENT:

Process will issue against all property not exempt from execution on the filing of a sworn petition, alleging: 1. That the defendant is a foreign corporation, or acting as such. 2. That he is a non-resident of the State. 3. That he is about to remove his property out of the State, without leaving sufficient remaining for the payment of his debts. 4. That the defendant is about to dispose of his property with intent to defraud his creditors. 5. That he has absconded so that ordinary process cannot be served upon him. 6. That he is about to remove permanently out of the county and has property therein not exempt from execution, and that he refuses to pay or secure the plaintiff. 7. That he is about to remove permanently out of the State, and refuses to pay or secure the debt due the plaintiff. 8. That he is about to convert his property, or a part thereof, into money, for the purpose of placing it beyond his creditors' reach. 9. That he has property or rights in action which he conceals. 10. That the debt is due for property obtained under false pretenses.

Attachment may be brought before the debt is due when the fourth, fifth, seventh or tenth of the above causes can be alleged under oath. The first attachment levied becomes the first lien, and there is no pro rata. The penalty on an attachment bond is three times the amount of debt. No person may be imprisoned for debt in any civil action on mesne or final process, except in case of fraud. No judgment shall be rendered in any garnishment proceeding condemning the property or debt in the hands of the garnishee until the principal defendant shall have ten days' personal notice of such proceedings in a court of record and five days' personal notice if before a justice of the peace.

IV. CLAIMS AGAINST ESTATES:

Statement of Claims: Must be clearly stated, sworn to, and filed, and ten days' notice of the hearing, accompanied by a copy of the claim, shall be served on one of the executors in the manner of commencing ordinary proceedings, unless the same has been approved by the clerk, in which case it may be allowed without notice. All claims filed and not expressly admitted in writing, signed by the executor with the approbation of the court, shall be considered as denied without any pleading on behalf of the estate. The court may hear and allow claims or may submit them to a jury. In matters of accounts of executors the court shall have authority to appoint one or more referees. Demands not due may be presented, proved, and allowed as other claims. Contingent liabilities must also be presented and proved, or the executor shall be under no obligation to make any provision for satisfying them. Priority: Claims shall be satisfied in the following order: 1. Debts entitled to preference under the laws of the United States. 2. Public notes and taxes. 3. Claims filed within six months after the first publication of notice of the appointment of executors. 4. All other debts. 5. Legacies. All claims of the fourth class not filed and proven within twelve months of the notice of appointment, are forever barred, unless the claim is pending in the District or Supreme Court, or unless peculiar circumstances entitle the claimant to equitable relief.

V. COURTS:

There is no Circuit Court. The District Court has and assumes jurisdiction of all suits, civil and equitable, and has criminal and probate jurisdiction.

A Superior Court may be established by the vote of the people in any city of seven thousand inhabitants, and, when so established, shall be a police court, with jurisdiction to try all violation of city ordinances, and with the same criminal jurisdiction as Justice Courts. The Superior Court has no probate jurisdiction, but has the same jurisdiction as the District Court to try all suits in law and equity, save and except divorces. The judgments of Superior and Justice Courts have to be filed in the District Court to create a lien on real estate, and are then enforced as judgments of the District Court.

Terms of the Supreme Court are in January, May and October of each year.

The Justice's Court has jurisdiction of all civil causes in which the amount in controversy does not exceed one hundred dollars, but may, by consent of parties in the suit, extend jurisdiction of such to the amount of three hundred dollars. No appeal is allowed from a Justice Court unless the amount exceeds twenty-five dollars.

No appeal lies to the Supreme Court unless the amount in controversy exceeds one hundred dollars, unless upon certificate of the trial court.

Probate; for appointment of administrator.

3.00

Acknowledgments of deeds to land made within the State, must be made before some court having a seal, or judge or clerk thereof, or their deputies, or before some justice of the peace, notary public, county auditor or his deputy. In the United States or its territories, must be made before some court of record, or officer holding the seal thereof, or by a commissioner of deeds, appointed by the governor of the state, notary public, or justice of the peace. In the case of the latter official, his authority to take the acknowledgment should be certified to by a clerk of a court of record, under seal of the court, as also his official character, and the genuineness of his signature. In foreign countries deeds may be acknowledged before any officer authorized by the laws of such country to certify to acknowledgments, or any ambassador, minister, consular agent, or other officer of the United States properly authorized to receive acknowledgments of deeds, but the certificate of acknowledgment by a foreign officer must be authenticated by one of the above named officers of the United States, by his official written statement that full faith and credit is due to the certificate of such foreign officer. Witnesses are not required.

No instrument affecting real estate is of any validity against subsequent purchasers for a valuable consideration, without notice, unless recorded in the office of the recorder of the county in which the land lies. The recorder must endorse upon every instrument properly filed in his office for record the time when so filed, and forthwith make above entries. And every instrument shall be recorded as soon as practicable, but no deed of real property shall be filed by the recorder until the proper entries have been made thereon by the auditor. VIII. DEPOSITIONS:

After the commencement of a civil action or proceeding, if the witness resides within this State but in a different county from the place of trial, or is about to go beyond the reach of a subpoena, or is for any other cause expected to be unable to attend court at the time of trial, either party may take his deposition in writing before any person authorized to administer oaths.

Reasonable notice, the name of the witness, and of the time and place when and where the same will be taken, must be given the opposite party. Where the witness resides out of the county, his deposition may be taken on notice or on commission, as the party desiring his testimony may elect. The commissioner may be selected by the party desiring the deposition, and may be the clerk, or any judge of any court of record, or any commissioner appointed by the Governor of this State, to take acknowledgments of deeds in another state, or any notary public, or any consul or consular agent of the United States. A commission directed to "Any notary public within and for" any certain county and state is sufficient to comply with the requirements of the statute. [Sheriff vs. Hull, 37 Ia., 174.]

Reasonable notice must be given the adverse party of a time when a commission will be sued out of the office of the clerk of the court in which the action is pending, accompanied with a copy of the interrogatories to be asked such witness. At or before the time thus fixed the opposite party may file cross interrogations. The notice, if served on the party, shall be at least five days; if on the attorney, ten days, and served in the same manner as an original notice. The commission issues under the hand and seal of the clerk of the court, and the depositions shall be taken by the commissioner writNeither ing down each interrogatory and the answers. party nor their attorneys are permitted to be present. When so taken, the depositions shall be securely sealed and transmitted by mail to the clerk of the court from which the commission issued.

IX. DESCENT:

The personal property of deceased not necessary for the payment of debts, and not otherwise disposed of, shall be distributed to the same persons and in the same proportion as though it were real estate. Subject to the interest of the widow and the rights and charges growing out of the settlement of the estate, the remaining estate shall, in the absence of other arrangement by will, deScend in equal shares to his children. If any of his children be dead, the heirs of such child shall inherit his share in accordance with rules herein prescribed. If intestate leaves no issue, one-half of his estate shall go to his parents, and the other half to his wife. leaves no wife, the portion which should have gone to her shall go to his parents. If one of his parents be dead, the portion which would have gone to the deceased parent shall go to the surviving parent, including the portion which would have belonged to intestate's wife had she been living. If both parents be dead, the portion which would have fallen to their share shall be disposed of in the same manner as if they had outlived the intestate

If he

and died in possession and ownership of portion falling to their share; and so on through ascending ancestors and their issue. If heirs are not thus found, the portion uninherited shall go to the wife of intestate, or to her heirs, if dead, according to like rule; if he has had more than one wife, who either dies or survives in wedlock, it shall be equally divided between one who is living and heirs of those who are dead, or between the heirs of all, if all are dead, such heirs taking by right of representation. One-third in value of legal or equitable estate in real property possessed by the husband, at any time during marriage, which had not been sold on execution, or other judicial sale, and to which the wife has made no relinquishment of her rights, shall be set apart as her property in fee simple if she survives him. The same share of real estate of a deceased wife shall be set apart to the surviving husband. The law in regard to widow of deceased husband shall be applicable to surviving husband of deceased wife.

X. EXECUTIONS:

May issue immediately upon the rendition of judgment, and are returnable in seventy days from the date of issue. On the judgment debtor entering good and sufficient security on the proper court records for the amount of such judgment, interest and costs, accrued and to accrue, he can have a stay of execution for three months on any sum under one hundred dollars; and on any amount above that sum for six months, by giving a bond, which shall be filed and recorded and have the effect of a judgment. The stay must be taken within ten days from the date of entry of judgment, and the party taking such stay, if he has been personally served with process, shall not afterward be allowed to appeal. If the judgment is not fully paid at the expiration of the stay, judgment is entered against the surety, and execution may be issued forthwith. After stay, a judgment draws ten per cent interest by operation of law. There can be no stay for wages due a mechanic or laboring man, nor by a surety on stay bond.

Redemption: Defendant may redeem real property sold under execution at any time within twelve months, meantime remaining in possession of the property, but where he has taken an appeal or stay of execution he cannot redeem. During the first six months he has exclusive right of redemption, but after that time, and before the expiration of nine months, any creditor having a lien can redeem. XI. EXEMPTIONS:

Homestead of forty acres in the country and half an acre in city or town, with buildings, without regard to value. Homesteads are exempt to any widow of a soldier or sailor who died of disease or wounds contracted. while in the service of the United States, or after discharge. Pension money, or a homestead procured by pension money, is exempt from attachment or execution. Pension money, whether in possession, or loaned or invested, is exempt. Personal property exempt includes tools, instruments, library, necessary team. etc., of a mechanic, farmer, teacher, or professional man; wearing apparel, household and kitchen furniture to the value of two hundred dollars; certain farm animals, and necessary food for six months. The foregoing relates only to residents being heads of families; unmarried persons and non-residents being only entitled to retain their own clothing and trunks, save and except pensioners. Where the debtor is a printer, the printing press and types, furniture and material, up to one thousand two hundred dollars, are exempt. One sewing machine is exempt to a seamstress. No exemption is waived by failure to except to levy of execution or to designate or select exempt property.

XII. HOMESTEAD:

Where there is no special declaration of the statute to the contrary, the homestead of every family, whether owned by the husband or wife, is exempt from judicial sale. A widow or widower, though without children, shall be deemed a family while continuing to occupy the house used as such at the time of the death of husband or wife. A conveyance or encumbrance by the owner is of no validity unless the husband and wife, if the owner is married, sign the same joint instrument.

The homestead is liable for the taxes accruing thereon, and, if plotted, is liable only for such taxes; and subject to mechanics' liens for work, labor, or material, done or furnished exclusively for the same. The homestead may be sold for debts contracted prior to the purchase and occupation thereof. It may be sold for debts created by written contract executed by the persons having the power to convey, but only to supply any deficiency after exhausting other property pledged for such debts.

The homestead must embrace the house used as a home by the owner thereof; if he has two or more, he may select which he will retain as his homestead. It may contain one or more lots or tracts of land, with the buildings thereon and other appurtenances. If within a town plot it must not exceed one-half an acre in extent, and if not within a town plot, it must not embrace in the aggregate more than forty acres. But if, when thus

limited, in either case its value is less than five hundred dollars, it may be enlarged till its value reaches that amount. It must not embrace more than one dwelling house, or other buildings except such as are properly appurtenant; but a shop used and occupied in his ordinary business by the owner, and not exceeding three hundred dollars in value, may be deemed appurtenant. The owner, or husband or wife, may select the homestead and cause the same to be plotted. The owner may from time to time change the limits of the homestead. The new homestead, to the extent of the old, is exempt from execution in all cases where the former would have been, but in no greater degree.

Upon the death of either husband or wife, the survivor may continue to possess and occupy the whole homestead until otherwise disposed of according to law. The setting off of the distribution share of the husband or wife in the real estate of deceased shall be such disposal. But the survivor may elect to retain the homestead for life in lieu of such share in the real estate of deceased. Subject to such rights the homestead descends to the issue of either husband or wife, according to the rules of descent, unless otherwise directed by will; and is to be held by such issue exempt from any antecedent debts of their parents or their own. If there is no such survivor or issue, the homestead may be sold for payment of debts to which it might at that time be subjected, if it had never been held as a homestead. Subject to the rights of the surviving husband or wife, the homestead may be devised like other real estate.

XIII. INTEREST:

The legal rate is eight per cent. Parties may contract, in writing, for eight per cent. Judgments draw six per cent, or such rate as is fixed by the contract on which judgment or decree is rendered, not exceeding eight per cent per annum. Open accounts draw six per cent after six months from date of last item. A contract for more than eight per cent forfeits ten per cent on the amount of contract, and all interest and costs.

XIV. JUDGMENTS:

In the District and Superior Courts judgment may be obtained at the first term after suit is commenced, if undefended.

Judgments of the District Court are liens on real estate owned by the debtor at the time of such rendition. If the lands lie in the county where judgment was rendered, the lien attaches from its date; if in any other county, from the time of filing therein an attested copy of the judgment. Lien covers all the lands which defendant may acquire within ten years from the date of judgment. Judgments of Superior Courts and Justices' Courts become liens on real estate by filing transcript in the District Court within the county where obtained, and become liens in other counties in the same manner as if rendered in the District Court.

XV. LIENS:

Judgments in the courts of this State are liens upon the real estate owned by the defendant at the time of such rendition, and also upon all he may subsequently acquire for the period of ten years from the date of the judgment, as set forth above. When a judgment is paid or satisfied, the plaintiff must acknowledge satisfaction on the docket or by a writing duly acknowledged and filed with the clerk.

Every mechanic or other person who shall do any labor upon, or furnish any materials, machinery, or fixtures for, any building, erection or other improvement upon land, including those in the construction of railway grades, shall have a lien upon the same and on the land on which the same is situated. Such work and labor, or materials, must be done or furnished by virtue of a contract with the owner, his agent, contractor or sub-contractor. In order to preserve such lien, the statement of account and affidavit claiming the lien must be filed in the office of the clerk of the court within ninety days, in case of a contractor, and in case of a sub-contractor or laborer within thirty days after the last work was done or materials furnished. This lien is prior to that of a mortgage on the building or improvement.

There is no special statute by which a miner mining coal can, under the general mechanics' lien law, avail himself of a lien, except for the construction of works, erection of machinery or material furnished, which is covered by the mechanics' lien laws, available for any and all laborers and material men who perform work upon or furnish material for the construction or improvement of property.

XVI. LIMITATIONS:

Actions for injury to person or reputation, or to cover a statutory penalty, must be brought within two years; to enforce a mechanics' lien, two years; on unwritten contracts, five years; on written contracts, ten years; on judgments of courts of record, twenty years; to recover real estate, ten years. Revivor is contained in an admission of debt or a new promise to pay, which must be in writing, and signed by the party to be charged.

XVII. MARRIED WOMEN:

May own in their own right real and personal property acquired by descent, gift or purchase, and may manage, sell, convey and devise the same by will in the same manner as the husband can him. property belonging to Neither husband nor wife is liable for the debts or liabilities of the other incurred before marriage, and, except as herein otherwise declared, they are not liable for the separate debts of the other; nor are the wages, earnings or property of either, nor the rent or income of such property, liable for the separate debts of the other. Contracts may be made by a wife and liabilities incurred, and the same enforced by or against her, to the same extent and in the same manner as if she was unmarried. They may be sued jointly or separately therefor. Dower and the estate of curtesy are abolished, but the surviving wife or husband takes one-third in value of all the legal and equitable estate possessed by the other during marriage.

XVIII. MORTGAGES:

Mortgages must be signed by the parties, acknowledged and recorded same as deeds. Mortgages of real estate are foreclosed by equitable action, and mortgagor has one year after sale within which to redeem. Subsequent lien holders have nine months after sale withi. which to redeem.

Chattel mortgages must be executed same as mortgages on real estate, and in order to be valid against subsequent purchasers without notice must be recorded in the county wherein the mortgagor resides. Chattel mortgages may be foreclosed by notice and sale or by action in court. No redemption is allowed. All kinds of personal property may be pledged in a chattel mortgage, but the description must be specific, and sufficient to enable third persons with the suggestions on the face of the mortgage to identify and locate the property. In the absence of stipulations to the contrary, mortgagor is entitled to the possession of the property until default is made. XIX. NOTES AND BILLS:

Grace is allowed on all negotiable bills or notes payable within the State according to the law merchant, except those drawn payable on demand, and notice of non-acceptance, or non-payment, or both, is required according to the rules of commercial law. Damages allowed on protested paper are from three to five per cent. To hold indorser, the note must be duly presented, payment refused, and indorser notified. Open accounts are assignable. Paper falling due on Sunday, the first day of January, 30th of May, 4th of July or the 25th of December, and any day appointed by the Governor or the President as a day of fasting or thanksgiving, shall be considered and treated as falling due on the preceding day. Defenses to non-negotiable paper and accounts accrued after notice in writing of assignment to maker are valid as against assignee; providing that if negotiable paper be obtained by fraud, the holder thereof shall recover no greater sum than he paid, with interest and costs.

XX. SUITS:

There is but one form of action in this State, known as a civil action and regulated by a code of procedure. Actions are commenced by serving the defendant with a notice stating clearly the nature of the claim, and filing a petition in court, ten days before the term. Actions generally are prosecuted in the name of the real party in interest, and in the county where defendant resides, or property in question is situated, or the cause of action

arose.

Process must be served in Justices' Courts on a debtor at least five and not more than fifteen days preceding hearing of cause, and in the District Courts and Superior Courts at least ten days before the first day of the term. If the defendant is served outside of his county, but inside of a judicial district, process must be served fifteen days before term; elsewhere there must be twenty days' service for every one thousand miles or fraction thereof. Service short for the first term is good for the next term. XXI. TAXES:

Taxes become due and payable on the first Monday of January in each year, and one-half thereof may be paid before the first day of March succeeding the levy, and the remaining one-half before the first day of September following: provided, that where the half has not been paid before the first day of April succeeding the levy, the whole tax shall become delinquent from the first day of March following the levy. If the second installment be not paid before the first day of October succeeding the levy, it shall be delinquent. All delinquent taxes draw interest at the rate of one per cent per month until paid. Personal property is liable to distress and sale for all taxes, and the tax list is the warrant thereof. Taxes on personal and real property are made a perpetual lien on real property.

Lands are sold on the first Monday in December after taxes become delinquent. Three years are allowed in which to redeem by payment of the amount for which the lands were sold, with ten per cent penalty, and ten

per cent per annum interest upon the whole amount; provided, that after two years and nine months from date of tax sale notice must be given to the person to whom the said land is assessed, and the person in actual possession, that deed will be taken ninety days thence. Where land is assessed unknown and is unoccupied, no notice is necessary; provided, that a non-resident may file with the treasurer of the county a written appointment of some resident of the county where the land is situated, upon whom service shall be made. Taxes may become a lien as between vendor and vendee after December 31st of each year.

XXII. WILLS:

Any person of full age and sound mind may dispose by will of all his property except what is sufficient to pay his debts, or what is allowed as a homestead, or otherwise given by law as privileged property to his wife and family.

All other wills must be in writing, witnessed by two competent witnesses and signed by the testator, or by some person in his presence and by his express direction. No subscribing witness can derive any benefit from the will unless there be two disinterested witnesses to the

same.

Personal property to the value of three hundred dollars may be bequeathed by a verbal will, if witnessed by two competent witnesses. A soldier in actual service, or a mariner at sea, may dispose of all his personal estate by a will so made and witnessed.

Posthumous children unprovided for in the father's will shall inherit the same interest as though no will had been made. The word "devisee" shall embrace "legatees," and the word "devised" shall have the force of the word "bequeathed." If a devisee dies before the testator, his heirs shall inherit the amount so devised to him. But the widow of a deceased husband cannot inherit property devised by him to a child who died before the death of the husband.

Any person having the custody of a will, shall, as soon as informed of the death of the testator, file the same with the clerk of the local court, who shall open and read the same. Should such person fail to produce the will after reasonable notice, he may be committed to jail until he comply. After the reading of the will a day shall be fixed by the court or clerk for proving the same. Whenever the proving of a will is contested either party may demand a jury. Notice of hearing shall be given by the clerk publishing a notice in some newspaper conveniently

near.

Foreign wills probated in any other state or country shall be admitted to probate in this State without the notices required in the cases of domestic wills.

CORPORATIONS.

1. CONSTITUTIONAL PROVISIONS:

The constitution provides that no corporation shall be created by special laws, but the general assembly shall provide by general laws for the organization of corporations. The property of all corporations for pecuniary profit shall be subject to taxation the same as that of individuals. The State shall not become a stockholder in any corporation, nor shall it assume or pay the debts or liabilities of any corporation, unless incurred in time of war for the benefit of the State.

II. ORGANIZATION:

Any number of persons may associate themselves and become incorporated for the transaction of any lawful business. Among the powers of such body corporate are the following: 1. To have perpetual succession. 2. To sue and be sued by its corporate name. 3. To have a common

seal, which it may alter at pleasure. 4. To render the interest of stockholders transferable. 5. To exempt the private property of its members from liability for corporate debts. 6. To make contracts, acquire and transfer property, possessing the same powers in such respects as private individuals may enjoy. 7. To establish by-laws, and make all rules and regulations deemed expedient for the management of its affairs in accordance with law.

The articles of incorporation must fix the highest amount of indebtedness or liability to which the corporation is at any time to be subject, which must in no case, except in that of risks of insurance companies, exceed twothirds of the capital stock. A notice must also be published for four weeks in succession in some newspaper as convenient as possible to the principal place of business. Such notice must contain: 1. The name of the corporation and its principal place of transacting business. 2. The general nature of the business to be transacted. 3. The amount of capital stock authorized, and the times and conditions on which it is to be paid in. 4. The commencement and termination of the corporation. 5. By what officers or persons the affairs of the corporation are to be conducted, and the times at which they will be elected. 6. The highest amount of indebtedness

to which the corporation is at any time to subject itself. 7. Whether private property is to be exempt from corpo

rate debts.

The corporation may begin business as soon as the articles of incorporation are filed in the office of the recorder of deeds, and the doings shall be valid if the publication in the newspaper is made and articles recorded in the office of the Secretary of State within three months from such filing in the recorder's office.

Any of the provisions of the articles of incorporation may be changed at any annual meeting of the stockholders, or a special meeting called for that purpose, but are not valid unless recorded as the original articles are required to be. Said changes need only be signed and acknowledged by the officers of the corporation.

No corporation can be dissolved prior to the period fixed in the articles except by unanimous consent, unless a different rule has been adopted in the articles. The same newspaper publication must precede a premature dissolution as required at its creation.

III.

LIABILITY OF STOCKHOLDERS:

A failure to comply substantially with the requisition in relation to organization and publicity renders the individual property of the stockholders liable for the corporate debts, but this provision is not applicable to railway corporations and corporators, and stockholders in railway companies shall be liable only for the amount of stock held by them in said companies.

Nothing in the law nor in the articles of incorporation shall exempt the stockholders from individual liability to the amount of the unpaid installments on the stock owned by them, or transferred by them for the purpose of defrauding creditors, and execution against the company may, to that extent, be levied upon the private property of any such individual.

The private property of the stockholders cannot be levied upon for the payment of corporate debts, while corporate property can be found with which to satisfy the same, but it will be sufficient proof that no property can be found, if an execution has issued on a judgment against the corporation, and no property found, or pointed out on which to levy. Before any stockholder can be charged with the payment of a judgment rendered for a corporate debt, an action shall be brought against him, in any stage of which he may point out corporate property subject to levy. When the private property of a stockholder is taken for a corporate debt, he may maintain an action against the corporation for indemnity, and against any of the other stockholders for contribution.

The franchise of a corporation may be levied upon under execution and sold, but the corporation shall not become thereby dissolved, and no dissolution of the corporation shall affect the franchise, and the purchaser becomes vested with all the powers of the corporation therefor. Such franchise shall be sold without appraisement.

IV. FRAUDULENT PRACTICES:

Intentional fraud in failing to comply substantially with the articles of incorporation, or in deceiving the public or individuals in relation to their means or liabilities, shall subject those guilty thereof to fine and imprisonment, and damages may be recovered by any person who has sustained injury from such fraud.

Injury to any person by the diversion of the funds of the corporation to other objects than those mentioned in its articles and in notices published, and the payment of dividends which leave sufficient funds, will subject those therein concerned to the penalties of the preceding section.

Either such failure, or the practice of fraud in the manner mentioned, shall cause à forfeiture of all the privileges conferred and the courts may proceed to

wind up the business of the corporation. Dividends by insurance companies made in good faith before their knowledge of the happening of actual losses are not intended to be prevented or punished.

V. DURATION:

Corporations shall not exist for more than twenty years, except those for the construction of any work of internal improvement, or for the business of life insurance, which may exist for fifty years; but may be renewed from time to time, except that corporations for agricultural or horticultural purposes and cemetery associations may be formed to endure any length of time.

Any corporation organized in accordance with the provisions of this chapter shall cease to exist by the nonuse of its franchise for two years at any one time, but shall not forfeit its franchises by reason of its omission to elect officers. Corporations whose charters expire by their own limitations, or the voluntary act of the stockholders, may, nevertheless, continue to act, for the purpose of winding up their concern.

For the purpose of repairs, rebuilding, or enlarging, or to meet contingencies fund, the corporation may establish a sinking fund.

A copy of the by-laws of the corporation, with the names of all its officers appended thereto, must be posted in the principal places of business, and be subject to public inspection. A statement of the amount of capital stock subscribed, the amount of capital actually paid in, and the amount of indebtedness in a general way, must also be kept posted up in like manner.

The transfer of shares is not valid except as between the parties thereto until it is regularly entered on the books of the company, so as to show the names of the persons by and to whom transferred, the numbers or other designation of the shares, and the date of the transfer.

In any proceedings by or against a corporation, or against a stockholder, the court has power to compel the officers to produce the books of the corporation.

A single individual may entitle himself to all the advantages of the law, provided he complies substantially with all its requirements.

VII. FOREIGN CORPORATIONS:

No foreign corporation which has not in good faith complied with the provisions of the law, shall hereafter be authorized to exercise any of the powers of eminent domain, or exercise any of the rights and privileges conferred upon corporations.

Any foreign corporation sued or impeached in any of the courts of this State upon any contract made or executed in this State, or to be performed in this State, or for any act or omission, public or private, arising, originating, or happening in the State, who shall remove any such cause from such State court into any of the federal courts shall forfeit and render null and void any permit granted for the pursuit of its business in this State.

Any foreign corporation that shall carry on its business without having complied with the provisions of the law shall forfeit and pay the sum of one hundred dollars for each and every day in which such business is transacted and carried on.

[This statute is unconstitutional for the reason that it makes the stipulation not to remove cases to the federal courts a condition for obtaining the permit to do business.]

MINING.

I. INSPECTION OF MINES:

The State is divided into three mining districts, and there are three mine inspectors, one for each district, appointed by the Governor, and holding their office for two years. Their duties require them to examine the mines of their respective districts, and see that the mining laws are complied with.

The owner or agent of every coal mine shall make, or cause to be made, an accurate map of such mine, and on or before the first day of September of each year report all progress in working said mine. When a mine is worked out and abandoned, the owner or agent shall deliver a correct map of the same to the inspector, to be filed in his office.

II. MEASURES OF SAFETY:

There shall be in every mine at least two separate outlets, separated by natural strata of not less than one hundred feet in breadth, by which shafts or outlets distinct means of ingress and egress are always available to the persons employed in the mine. In no case shall a furnace shaft be used as an escape shaft, unless the furnace shaft is large enough to be divided, when a partition shall be placed therein to fully protect the half thereof from heat and smoke. The distance from the main shaft shall not be less than three hundred feet, without the consent of the inspector, and no building shall be put nearer the escape than one hundred feet, except the house necessary to cover the mouth thereof.

The owner or agent of every coal mine, whether it be operated by shaft, slope or drift, shall provide and maintain for such mine an amount of ventilation of not less

than one hundred cubic feet of air per minute for every person employed in said mine, and not less than five hundred cubic feet of air per minute for each mule or horse employed in the same. When the inspector finds men working without sufficient air, or any unsafe conditions, he shall give the owner or agent notice to rectify the same, and if such is not done, he may order the men out until the defect is rectified.

The most approved methods of safety appliances are required to be used, subject to the approval of the inspector. None but experienced engineers shall be employed in charge of the engines. A failure to comply with the law in regard to the appliances and other provisions of the law makes the owner or operator of a mine liable to be enjoined, and liable for all damages which may accrue by reason of the failure to comply with the provisions of the law.

The owner, agent or operator of any coal mine shall keep a sufficient supply of timber to be used as props, so that the workmen may at all times properly secure the workings.

III. MISDEMEANORS:

Any miner, workman or other person who shall knowingly injure or interfere with any air-course or brattice, or obstruct or throw open doors, or disturb any part of the machinery, or do any act whereby the lives and health of the persons employed therein, or the security of the mines and machinery is endangered, shall be deemed guilty of a misdemeanor. Any person willfully neglecting or refusing to comply with the provisions of this act, when notified by the mine inspector to comply with such provisions, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars or imprisonment in the county jail not exceeding six months.

IV. WEIGHT OF COAL:

The owner or agent of each coal mine within this State at which the miners are paid by weight shall provide at such mine suitable scales of standard make for the weighing of all coal mined. The owner or agent of such mine shall require the person authorized to weigh the coal to be sworn, and the oath posted in a conspicuous place.

The miners employed and working in any mine may furnish a competent check-weighman, who shall at all proper times have full right of access to and examination of such scales, machinery or apparatus, all measures and weights of coal mined and the accounts kept of the same. Fraud in weighing committed by the company, check-weighman or any person shall be punished by fine of not less than two hundred nor more than five hundred dollars or imprisonment.

All coal mined under contract for payment by the ton or other quantity shall be weighed before being screened, unless otherwise agreed upon in writing. Eighty pounds of coal as mined shall constitute a bushel, and two thousand pounds of coal as mined shall constitute a ton.

Any person damaged by reason of coal mined not having been weighed and credited to him in accordance with the provisions of this act may recover his damages in a civil action against the employer, but such action must be commenced within two years after the right of action accrues.

V. WAGES:

It shall be unlawful for any person, firm, company or corporation to sell, give, deliver or in any manner issue, directly or indirectly, to any person employed by him or it, in payment for wages due for labor, or as advances on the wages of labor not due, any scrip, check, draft, order or evidence of indebtedness, payable or redeemable otherwise than in their face value in money. VI. COERCION:

Whoever compels or in any manner seeks to compel or coerce an employe of any person, firm, company or corporation to purchase goods or supplies from any particular person, firm, company or corporation shall be guilty of a misdemeanor, and punished by fine or imprisonment.