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money secured by mortgage, judgment or lien may be brought, but within ten years after the right to receive the same accrued, or within ten years after part payment, or acknowledgment of the debt in writing.

XVI. MARRIED WOMEN:

A married woman can hold for her own separate use all property owned at the time of marriage or subsequently acquired, but such property is liable for her own separate debts. In every respect a wife can deal with her own property, can sue and be sued as if she were unmarried. A man may convey land to his wife directly or vice versa. No dower law exists now in Manitoba, so that a widow is not entitled to any dower in the real estate of her husband which he dies possessed of. A married woman's property is liable for any of the ordinary or necessary expenses of the family, unless specially charged by her.

XVII. MORTGAGES:

Chattel mortgages are good as against an innocent purchaser for value when registered in the office of the County Court within which the goods or chattels are situate. Chattel mortgages expire unless renewed, within two years from date of registration.

Mortgages on real estate bind lands against innocent purchasers only when registered. They are good for ten years from the date of registration, part payment or acknowledgment of debt made by the mortgagor in writing. XVIII. NOTES AND BILLS:

Are the ordinary forms of commercial paper in this Province. Three days of grace allowed, except when payable on demand. If a bill or note falls due on a legal holiday it must be presented on the following day. In order to hold indorsers liable the bill or note must be Propresented and protested, and notice duly given. duction of the protest is prima facie evidence of presentment and dishonor. The stamp duty is required on bills or notes.

XIX. SUITS:

Actions and suits are in common law begun by a writ of summons; in equity, by a bill of complaint. If defendant does not appear, judgment by default may be signed against him. If defendant is within Manitoba the time for appearance to the writ of summons is eight days; to a bill of complaint, it is four weeks. Said time, when defendant is without the Province, is regulated by the distance of his then domicile therefrom. The Court of Queen's Bench is resorted to in all actions when the debt or damage exceeds four hundred dollars, or where the unsettled account to be investigated exceeds five hundred dollars.

[On October 1st, 1895, the new "Court of Queen's Bench Act" came into force in the Province, materially altering the practice in this court. All actions are now commenced by statements of claim duly filed and served.] XX. TAXES:

Lands may be sold for taxes, when in arrears for one year or upwards, by the treasurer of the municipality within which the lands lie; and may be redeemed at any time within two years from date of sale, upon payment of the sum paid by the purchaser, with ten per cent interest if redeemed within one year, or twenty per cent if redeemed within two years from date of sale.

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All companies, except railway and insurance companies, are created either by special act of parliament or by letters patent issued under the provisions of the "Manitoba Joint Stock Companies' Act" by the LieutenantGovernor-in-Council. Unless special powers are required, the latter course is always adopted.

The applicants for letters patent must give one month's previous notice, to be inserted once in the Manitoba Gazette, of their intention to apply for the same, stating therein: 1. The proposed name of the company, which shall not be that of any other known company. 2. The ob

ject for which incorporation is sought. 3. The place within the Province where its operations are to be carried on. 4. The amount of the capital stock. 5. The number of shares and the amount of each share. 6. The name in full, address, and calling of each of the applicants with special mention of the names of not less than three, nor more than nine of their number, who are to be the first directors of the company.

The application is made by petition of not less than five persons, stating the facts required to be set forth in the notice; the amount of stock taken by each of the applicants; and also the amount, if any, paid in upon the stock of each applicant, and whether in cash, transfer or property, or otherwise.

From the date of the letters patent the persons therein named and their successors shall be a body corporate and politic by the name therein mentioned; and the powers therein mentioned shall be exercised subject to the provisions of the said act. The company must go into operation within three years after the charter is granted, and in the event of non-user during three years at any one time the charter is forfeited. No company shall commence business until at least ten per cent of the capital stock shall have been subscribed, and at least ten per cent of the stock subscribed actually paid up.

Upon resolution of not less than two-thirds in value of the shareholders present at a general meeting, and upon one month's previous notice given in the Manitoba Gazette, the Lieutenant-Governor may direct the issue of supplementary letters patent, embracing the following matters: 1. Extending the powers of the company to any objects within the scope of the act which the company may desire. 2. Limiting or increasing the amount which the company may borrow upon debentures or otherwise. 3. Providing for the foundation of a reserve fund. 4. Varying any provisions contained in the letters patent, so long as the alteration desired is not contrary to the provisions of the act. 5. Making provision for any other matter or thing in respect of which provision might have been made by the original letters patent.

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Every company may, subject to any limitations contained in the letters patent, acquire, hold, alienate and convey real estate requisite for the uses of the company, or of the undertaking; and may take and hold such lands and tenements, real and personal property as may have been mortgaged or conveyed to it by way of security, and may retain the same for a period not exceeding ten years. III. DIRECTORS:

There shall be not less than three nor more than nine directors. The persons named in the letters patent shall be the directors of the company until replaced by others who shall be duly elected by the shareholders at a general meeting held at some place within the Province, at such time, in such wise and for such terms, not exceeding two years, as the letters patent or the by-laws of the company may prescribe.

The directors shall have full power: to administer the affairs of the company; to make contracts authorized by by-laws of the company; to make by-laws not contrary to law or the letters patent regulating the allotment of stock, making of calls and payment thereof, the issue and registration of certificates of stock, the forfeiture of stock for non-payment, the disposal of forfeited stock, the transfer of stock, the payment of dividends, the number of directors and their terms of service, the amount of their stock qualification, the appointment, functions and removal of all agents, officers and servants of the company, the security to be given by them to the company and their remuneration, the time at which and the place where the annual and special meetings of the company or the board of directors shall be held, the quorum, the requirement as to proxies and the procedure in all things at such meetings, and the conduct in all other particulars of the affairs of the company; but every such by-law and every repeal, amendment or re-enactment thereof, unless confirmed at a general meeting called for the purpose, shall have effect only until the next annual meeting of the company. Directors shall not declare a dividend when company is insolvent or which renders the company insolvent or reduces the capital stock.

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In case a by-law authorizing the same is sanctioned by a vote of not less than two-thirds in value of the shareholders at a general or special general meeting to be called for the purpose, the directors may borrow money upon the credit of the company, and issue the bonds, debentures or other securities of the company, and may sell the same at such prices as may be deemed expedient or necessary.

IV. CAPITAL STOCK:

The capital stock of the company shall not exceed five hundred thousand dollars. When the whole of the stock has been subscribed and fifty per cent thereon paid in. but not sooner, the directors may make a by-law for increasing the capital to any amount which they may consider requisite, not exceeding one million dollars, but no by-law for increasing or decreasing the capital stock shall have any force or effect until sanctioned by a vote of at least two-thirds in value of the shareholders at a general

MANITOBA LAWS.

meeting duly called for considering the same and it shall afterward be confirmed by supplementary letters patent. Books must be kept wherein are entered all transfers of stock as presented to the company, with the date and other particulars of each transfer. The directors may refuse to allow the entry in such book of any transfer of stock whereon any call has been made which has not been paid in.

V. CALLS:

The directors may call in all subscribed stock in such manner as the letters patent or by-laws of the company may require or allow. Interest at six per cent is added to unpaid calls, from date fixed for payment. Not less than ten per cent shall be payable within one year from incorporation. The company may enforce payment of calls by action in any competent court, or the directors may summarily forfeit any shares for non-payment, and the same shall thereupon become the property of the company. Shares shall not be transferable until all unpaid calls are fully paid, or until declared forfeited; and no shareholder, in default for non-payment of calls, shall be entitled to vote at any meeting of the company. VI. LIABILITIES:

Each shareholder, until the whole amount of his stock is fully paid up, shall be individually liable to the creditors of the company; but shall not be liable as such for any act, default or liability whatsoever of the company; or for any claim, engagement, payment or other matter or thing relating to or connected with the company beyond the unpaid amount of his respective shares in the company. Trustees or mortgagees of stock or persons holding stock as collateral security shall not be personally subject to liability as shareholders.

Directors for service performed for the company while holding such office, shall be jointly and severally liable for the wages of all servants, laborers and apprentices, excluding the officers of the company, not exceeding in amount the value of such for one year.

All contracts, agreements, engagements or bargains made, and every bill of exchange or promissory note drawn, accepted or indorsed on behalf of the company by any agent, officer or servant in accordance with his powers under the by-laws of the company, or otherwise, shall be binding upon the company, and in no case shall it be necessary to affix the seal of the company.

Every company shall on or before the first day of February in each year make a duplicate list showing:

1. Names, addresses and callings of all shareholders on the thirty-first day of December preceding, with the number of shares held by each. 2. The names and addresses of the directors, secretary and treasurer of the company. 3. The amount of the capital stock and the number of shares into which it is divided. 4. The number of shares subscribed for and taken from commencement of business to December 31st preceding said report. 5. The amount of stock issued free of call, if any. 6. The amount of stock issued subject to call. 7. The amount of calls made on each share. 8. The total amount of calls received. 9. The total amount of calls unpaid. 10. The total amount of shares forfeited. 11. The total amount of shares which have never been allotted or taken up. 12. The total amount for which shareholders are liable in respect of unpaid stock respectively.

The said list must be verified by the oath of the president and secretary, and one copy posted up in the company's head office in Manitoba and the other deposited in the Department of Agriculture and Immigration.

I. TITLE:

The absolute title to all the vacant and unsurveyed lands in Manitoba and the North-West Territories of Canada is vested in the Crown, represented by the Government of the Dominion of Canada, and all mining rights and locations in the Province of Manitoba are regulated and controlled by the Department of the Interior at Ottawa and by an officer known as the Superintendent of Mines, resident at Calgary, N. W. T.

may or may not cover the mineral rights. In many cases
such rights are reserved. Although the practice at the
present time is to make all Crown grants absolute and un-
conditional, and to cover both surface and mineral rights.
to H. H.
All communications respecting mining and the regula-
Winnipeg,
tions affecting same, in Manitoba, should be addressed to
the Minister of the Interior, Ottawa, Ontario;
Smith, Commissioner of Dominion Lands,
Manitoba, or to William Pearce, Superintendent of Mines,
Calgary, N. W. T.

Any person may explore vacant Dominion lands within the Province of Manitoba not appropriated or reserved by government for other purposes, and may search therein, either by surface or subterranean prospecting, for mineral deposits (with the exception of coal), with a view to obtaining a mining location for the same; but no mining location or claim shall be granted until actual discovery has been made of the vein, lode or deposit of mineral or metal, within the limits of the location or claim.

III. LOCATION AND RECORD:

A location of mining, except for iron, on veins, lodes or ledges of quartz shall not exceed fifteen hundred feet in length and six hundred feet in breadth.

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The claimant may at any time before the expiration of the five years purchase the location at the rate of five On making the dollars per acre cash, after filing with the agent proof that he has expended not less than five hundred dollars in actual mining operations on the same. application to purchase, he shall deposit with the agent fifty dollars for the survey of the location by the government: and upon the receipt by the Surveyor-General of the plans and field notes, and his approval thereof, a patent shall issue to the claimant. Priority of discovery

shall not in all cases give the right to acquire if the original discoverer has failed to comply with the government regulations, but the first discoverer shall in all cases be entitled if he can prove possession by demarcation in the manner prescribed.

No more than one location shall be granted to any individual on the same lode or vein, or in the same locality, but any number of locations may be had by purchase. V. ABANDONMENT:

A claim shall be deemed abandoned when the same shall have remained unworked on working days, by the grantee thereof, for seventy-two hours, unless good cause be shown or unless the grantee is absent on leave. The agent in each district shall declare the close season, and each holder of a mining location or a grant for placer diggings shall be entitled to suspend work thereon during such close season. The agent may grant leave of absence pending the settlement of disputes, or where there is insufficiency of water. The Superintendent of Mines may also grant leave of absence for one year, upon satisfactory proof that the miner has expended at least two hundred dollars on his location without any return of gold or other minerals in reasonable quantities for such expenditure. VI. ASSIGNMENT:

An assignment of the right to purchase a mining location shall be indorsed upon the back, and the execution thereof attested by two disinterested witnesses. Upon the deposit of such receipt or certificate with the agent, accompanied by a fee of two dollars, the agent shall give to the assignee a certificate which shall entitle the assignee to all the rights and privileges of the original discoverer in respect of the claim assigned. All assignments must be unconditional and executed strictly in accordance with the regulations.

VII. DISPUTES:

The Superintendent of Mines shall hear and determine all disputes in regard to mining property, subject to an appeal by either of the parties to the Commissioner of Crown Lands at Winnipeg.

No forms of procedure are necessary, but the complaint must be reduced to writing, and a copy served on the opposite party not less than seven days before the hearing.

The complaint may be amended at any time by leave of the Superintendent of Mines. A bond fee of twenty dollars shall be deposited by the complainant at the time of filing his complaint, which shall be returned to him if he succeeds, but not otherwise. If the decision of the Superintendent of Mines is appealed from, a notice to that effect must be drawn up, stating the grounds of such appeal, and filed with the Superintendent of Mines not more than three days after his decision is communicated to the parties interested; and a bond fee of twenty dollars deposited with the agent at the same time, which will be returned to the appellant if successful, but not otherwise.

VIII. COAL LANDS:

Lands containing anthracite coal are sold at twenty dollars per acre; and coal other than anthracite at ten dollars per acre, cash; or they may be sold at public competition, if the Minister of the Interior shall so decide. Not more than three hundred and twenty acres may be sold to one applicant.

The minister may grant permission to prospect for coal for a period of sixty days on any single piece of land not exceeding three hundred and twenty acres in extent. The person to whom such permission to prospect is given shall within one month thereafter commence operations and carry on the same, continuing throughout the remainder of the period, and shall expend not less than two dollars per day from the time of commencement; such permission to become void if operations cease for one week. The Minister of the Interior may on application extend the time limited for prospecting.

If the lands be not included in any surveyed township, the applicant shall stake out the same by placing at each angle or corner a stake or post four inches square and standing not less than four feet above the ground, and on each post he shall inscribe his name and the angle represented thereby, thus: "A. B. N. E. corner," or as the case may be; and with his application he shall forward to the Minister of the Interior, a map or sketch of the land as staked out, specifying metes and bounds, and showing thereon the best information in his power respecting the same; and all boundaries so staked out shall be due north and south and east and west lines, and the length thereof shall not exceed twice the breadth.

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be made before either a justice of the peace for such city or county, a judge of the Orphans' Court of such county or city, a judge of the Circuit Court for the county, a judge of the Supreme Bench of Baltimore City, or a notary public.

If acknowledged within the State, but out of the county or city wherein the real estate or any part of it lies, such acknowledgment may be made before a notary public, any judge of the Circuit Court for the circuit in which the grantor may be, any judge of the Orphans' Court for the county in which the grantor may be, any judge of the Supreme Bench of Baltimore City, or any judge of the Orphans' Court of said city, or any justice of the peace for the county or city where the grantor may be at the time of the acknowledgment, the official character of the justice being certified to by the clerk of the Circuit or Superior Court under his official seal.

If acknowledged without the State, but within the United States, the acknowledgment may be made before either a notary public, a judge of any court of the United States, a judge of any court of any state or territory having seal, or a commissioner of this State to take acknowledgments of deeds.

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If acknowledged without the United States, the acknowledgment may be made before either any minister. consul-general, consul, deputy consul, vice-consul, consular agents or consular officer of the United States, or any notary public, or a commissioner of this State to take acknowledgments of deeds.

The certificate of acknowledgment may be indorsed on or annexed to the deed, and it must contain: 1. The name of the person making the acknowledgment. 2. The official style of the officer taking the acknowledgment. 3. The time when it was taken. 4. A statement that the grantor acknowledged the deed to be his act, or made an acknowledgment to the like effect. ("VIII. Deeds.")

Any corporation may acknowledge any deed which such corporation has the power to make, by attorney, appointed by such corporation under the seal thereof, and such appointment may be embodied in the deed. II. ALIENS:

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MARYLAND LAWS.

chose in action for the payment of money, or any legacy or distributive share of the estate of a deceased person bona fide entitled thereto, by an assignment in writing, signed by the person authorized to make the same, may by virtue of such an assignment maintain an action or issue an execution in his own name against the debtor therein named, in the same manner as the assignor might have done before the assignment. Any defendant may make the same legal or equitable defenses as might or could have been had or maintained against the assignor at the time of such assignment and before notice thereof, and to the same extent.

Every trustee to whom any estate, real, personal or mixed, shall be limited or conveyed for the benefit of creditors, or to be sold for any other purpose, shall file with the clerk of the court in which the deed or instruments creating the trusts may be recorded, a bond in such penalty as the clerk may prescribe, being as nearly as can be ascertained double the amount of the whole trust estate; and with sureties, to be approved by the clerk, conditioned for the faithful performance of the trust reposed in such trustee, which bond shall be retained and recorded in the office of said clerk; but when the sale is to be made in a contingency, no bond need be given until the contingency happens. No title shall pass to any trustee until such bond shall be filed and approved as aforesaid; and no sale made by any such trustee, without such bond, shall be valid to pass any title to such property or estate, or of real and personal property. Of real property situate partly in the county or city in which the grantor resides, and partly in one or more other counties, it shall be sufficient that a bond has been accepted and filed in the county of the grantor's residence. If the trust estate consists entirely of real estate in a county or counties other ("XIV. Inthan of the grantor's residence, it shall be sufficient that a bond has been accepted and filed in the county in which the deed has been first recorded. solvency.")

Every person and every body corporate that has the right to become a plaintiff in any action or proceeding before any judicial tribunal in this State shall have the right to become a plaintiff in an attachment against a non-resident of this State, or against a person absconding. Every person who does not reside in this State, and every person who absconds may be made a defendant; and any corporation not chartered by this State, or any corporation chartered by this State but not having the president or a majority of the directors or managers thereof residing in this State, may be made a defendant, as other non-residents.

Any person secretly removing himself from his place of abode, with intent to evade payment of his debts, or to injure or defraud his creditors, may be considered as having absconded, and an averment in the oath of the plaintiff against a person as having absconded is a sufficient proof of such conduct.

Before attachment can issue, the plaintiff must produce the bond, account or other evidence of debt, and make affidavit before any officer having authority to take acknowledgments that the debtor is indebted in the amount claimed, over and above all discounts; also that he knows or is credibly informed and verily believes that the debtor is not a citizen of this State, and that he doth not reside therein, or if the debtor resides in this State, that he doth know or is credibly informed and verily believes that the said debtcer hath absconded. The affidavit may be made by the creditor or one of them, where there are more than one, or by his or their agent; by the president, cashier or other officer of a corporation; by any executor or administrator; by the guardian of an infant, or the infant himself; by the husband of a feme covert, or committee of a lunatic.

The attachment issues against the lands, tenements. goods, chattels and credits of the debtor, upon making the affidavit, and producing the proofs of same before the clerk of the court when said affidavit is not made before him; and there issues at the same time a writ of summons against the defendant, with a copy of the short note or declaration expressing the cause of action. kind of property or credits belonging to the defendant, in the plaintiff's own hands or in the hands of anyone else, may be attached, and credits may be attached which shall not then be due. Money may be attached.

Proceedings by attachment are authorized in the following cases, upon the conditions and in the manner provided: Before any such writ of attachment shall be issued, the plaintiff or some person in his behalf shall make an affidavit before the clerk of the court from which said attachment shall issue, or before some officer authorized by the laws of the State of Maryland to take affidavits. Before issuing an attachment as above, the clerk shall take from the plaintiff or some person on his behalf a bond to the State of Maryland, with security to be approved by said clerk, in double the sum alleged to be due, conditioned for satisfying all costs which may be awarded to such defendant or defendants, or any other persons interested in the proceedings, and all damages which the defendant or defendants or any other persons interested in the proceedings shall suffer because of the wrongful suing out of said attachment. Every attachment issued

without a bond and affidavit is declared to be illegal and
void, and shall be dismissed.

Although the debt or obligation upon which the action
is brought may not have matured, the creditor may never-
theless proceed by attachment, as heretofore provided, in
the following cases: 1. When the debtor absconds. 2.
When he has assigned, disposed of or concealed, or is
about to assign, dispose of or conceal his property or
some part thereof, with intent to defraud his creditors.
3. When he is about to abscond from this State. 4. When
he has fraudulently contracted the debt or incurred the
obligation respecting which the action is brought; or, 5.
When he has removed or is about to remove his property
or some portions thereof out of this State, with intent to
defraud his creditors. The date of maturity of the debt
or obligation shall be set forth in the affidavit upon which
the attachment is to issue, and the plaintiff shall not be
entitled to judgment either in the short note or in the
attachment case until after the maturity of the debt or
obligation.

When two summonses have been returned non est against
the defendant in any of the courts of law of this State,
the plaintiff, upon proof of his claim as herein before re-
quired, shall be entitled to an attachment, and the judge
of the court where such action is pending shall order such
attachment to issue, and the same proceedings shall be
thereupon had as in attachments issued against absconding
debtors.

Attachments on judgments or decrees by way of execution may be obtained against the lands, tenements, goods, chattels and credits of the defendant in the plaintiff's own hands or in the hands of any other person, which attachment shall contain the clause of scire facias required in an attachment against a non-resident or absconding debtor.

No attachment of the wages or hire of any laborer or employe in the hands of the employer, whether private individuals or bodies corporate, shall affect any salary or wages of the debtor which are not actually due at the date of the attachment, and the sum of one hundred dollars of such wages or hire due to any laborer or employe by any employer or corporation shall always be exempt from attachment by any process whatever. The wages or hire of non-residents shall be subject to attachment in the same manner and to no larger extent than the wages or hire of residents.

Attachments may also be issued against non-resident or absconding debtors in cases arising ex contractu, where the damages are unliquidated, and in actions for wrongs independent of contract, upon filing a declaration setting out specially and in detail the breach of contract complained of, or the tort actually committed, verified by the affidavit of the plaintiff or some one on his behalf, and a bond similar to that required in cases of attachments on original process for fraud, the practice and pleadings conforming in all other particulars to the practice and pleadings against non-resident and absconding debtors in actions ex contractu for liquidated damages.

The plaintiff may have more than one attachment to be laid in the hands of different persons, or levied on other property or effects than that taken under the first, though the first be still outstanding, provided that but one satisfaction of the debt or demand shall be made. Where property is attached which may be claimed by a person or corporation other than the defendant, the claimant, upon filing a petition setting forth the origin and character of such claim, and establishing its validity, may recover his costs and damages for the wrong and injury done him; and upon a bond being filed by or on behalf of such claimant, in a penalty double the value of the property, the same will be discharged from the levy and surrendered to the party in possession thereof when attached. Creditors first attaching have priority. Where garnishee fails to appear and plead, plaintiff must prove his case before judgment of condemnation nisi is made absolute. V. CLAIMS AGAINST ESTATES:

No administrator shall discharge any claim against his decedent, otherwise than at his own risk, unless the same be first passed by the Orphans' Court granting the administration, or unless the said claim be proved according to the following rules:

The voucher or proof of a judgment or decree shall be a short copy thereof, under seal, attested and certified by the clerk of the court where it was obtained. There shall likewise be a certificate of some person authorized to administer an oath endorsed on or annexed to a statement of the debt due on such judgment or decree, that the creditor, since the death of the deceased, hath taken before him an oath "that he hath not received any part of the sum for which the judgment or decree was passed, except such part (if any) as is credited:" and if the creditor on the judgment or decree be an assignee of the person who obtained it, he must further make oath "that to the best of his knowledge or belief no other person hath received any parcel of the said sum, except such part (if any) as is credited:" and an assignee shall also produce the assignment under the hand of the assignor, and if there be more than one, said assignment shall be produced under the hand of the party.

In case of a speIf there be more than one creditor, the whole oath, with the other vouchers, shall be sufficient.

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MARYLAND LAWS.

cialty, bond, note or protested bill of exchange, the voucher shall be the instrument of writing itself, or a proved copy in case it be lost, with a certificate of the oath made as aforesaid since the death.

If the creditor on such instrument be an assignee, there shall be the same oath of the original creditor with respect to the time of each respective assignment; and in case of successive assignees there shall be the same oath taken by each with respect to the time of each respective assignment. In case of a bill of exchange, the protest and other things which would be required (if the deceased were alive) shall be necessary to justify an executor or administrator in making payment or distribution.

The vouchers or proofs of any claim on open account shall be a certificate of an oath taken by the creditor since the death, substantially as before given, and endorsed on or annexed to the account. does not exceed fifty dollars, the oath of the creditor will Where the account be sufficient, and the affidavit may be made by one of several plaintiffs, or by their agent, if all are absent from the State, or by the agent of a corporation or partnership, the person making such affidavit stating therein that he is such agent, and that he has personal knowledge of the matters therein stated, which affidavit shall be prima facie evidence of said partnership and of the persons composing the same; and when made by a person alleging himself to be a charter officer of a corporation, shall be prima facie evidence of its incorporation.

It is not considered to be the duty of an administrator to avail himself of the Act of Limitations to bar what he supposes to be a just claim; nor is he obliged to discharge any claim of which vouchers and proof are exhibited, but may reject the same; and in no case shall an order of the Orphans' Court that an account or claim will pass when paid be deemed of validity to establish such claim or account. An administrator shall pay all just claims known to him, or to each claimant his just proportion of the money then in his hands, within thirteen months from the date of his letters, or within such further time, not exceeding four months longer, as shall be allowed by the Orphans' Court; and where a claim is known to exist, the amount thereof or a proportional part may be retained, etc. administrator is answerable for any claim of which he had no notice, provided at least six months before he makes distribution he publishes a notice in as many newspapers as the Orphans' Court shall direct, warning all persons having claims against the decedent to exhibit the same with the vouchers thereof, legally authenticated, on or before a date specified.

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After claims for taxes, rent in arrears, for which a distress may be levied, judgments and decrees, all other just claims shall be on an equal footing without priority or preference.

VI. COURTS:

The judicial power is vested in a Court of Appeals, Circuit Courts for the counties, and Orphans' Courts; and for the City of Baltimore, in the Supreme Bench of Baltimore City, consisting of the Superior Court, Court of Common Pleas, Baltimore City Court (law courts), the Circuit Court, Circuit Court No. 2 (equity courts), Criminal Court, and the Orphans' Court. These foregoing are courts of record. (Const., Art. 4, Sec. 1.) Jurisdiction in certain cases is also vested in justices of the peace.

The Court of Appeals has appellate jurisdiction only, and its decisions are final, except in such cases arising under the constitution and laws of the United States, in which an appeal is given to the Supreme Court of the United States. The regular terms are the second Monday in January and the first Mondays in April and October in each year, and the sittings are at Annapolis.

The Supreme Bench of Baltimore City is composed of a chief judge and six associate judges, who are assigned respectively to the Sperior Court of Baltimore City, Court of Common Pleas, Baltimore City Court, Circuit Court, the Circuit Court No. 2, and the Criminal Court of Baltimore. The Supreme Bench sits in banco to hear motions for new trials in criminal cases, to pass upon applications for admission to practice as attorney at law, and exercises a supervisory jurisdiction over the several courts of Baltimore City.

The Superior Court, Court of Common Pleas, and Baltimore City Court have concurrent jurisdiction in all civil common-law cases, except that exclusive jurisdiction is conferred upon the Court of Common Pleas in cases of insolvency, and upon the Baltimore City Court in cases of appeals from justices of the peace.

The Circuit Court and Circuit Court No. 2 have concurrent jurisdiction in equity, but not in applications for the writ of habeas corpus in the case of persons charged with criminal offenses.

The Circuit Courts for the several counties are the highest common-law courts of record and original jurisdiction within this State, and each has full common-law powers and jurisdiction in all civil and criminal cases within its county. As courts of equity they shall be deemed and taken to be always open for the transaction of business therein. The several regular terms of said courts for the return of process and other practical purposes shall be of two months' duration, and shall commence in the counties on the first Mondays of January, March, May, July, September and November of each year. (In Baltimore City

the terms commence on the second Monday instead of the first.) (See Art. 16, Sec. 117, Code Public General Laws, and Chap. 424, Acts of 1890.) Process to compel appearance may be made returnable on the first or second Mon day (as the case may be) of the ensuing month. (Art. 16, Sec. 121, Code Public General Laws.)

The Orphans' Courts of Baltimore City and of the several counties have full power to take probate of wills, grant letters testamentary and of administration, direct the conduct and settle the accounts of executors and administrators, superintend the distribution of the estates of intestates, secure the rights of orphans and legatees, and to administer justice in all matters relative to the affairs of deceased persons. (Art. 93, Sec. 230, Public General Laws.) They also have full power, authority and jurisdiction to examine, hear and decree upon all accounts, claims and demands existing between wards and their guardians; and between legatees or persons entitled to any distributive share of an intestate's estate, and executors and administrators; and may enforce obedience to and execution of their decrees in the same ample manner as the courts of equity.

The civil jurisdiction of justices of the peace extends to all cases for the enforcement of contracts, to obtain redress for wrongs, and to suits on bonds, actions of replevin, attachment against non-resident and absconding debtors, where the amount involved does not exceed one hundred dollars, and other cases of attachment. See "IV. Attachments." Art. 52, Sec. 6, Code Public Gen(Art. 9, Sec. 35. eral Laws.) Also they have no jurisdiction in cases where the title to land is involved, nor in actions for slander, for breach of promise to marry, or to enforce any lien for work done or materials furnished. tends to cases where administrators are parties, plaintiff Their jurisdiction exor defendant, except that no administrator can be sued before a justice within twelve months of the date of his letters, or within three months in Baltimore City. (Chap. 619, Acts of 1892.) In cases where the amount involved exceeds the sum of fifty dollars, the Circuit Courts for the counties have concurrent jurisdiction with the justices. VII. FEES:

Acknowledgment before notary public

justice

.$.6212 .30

Attachment and Appeal: Contingent; costs of court as taxed by clerks.

Commencement of suit in Justice Court and courts of
record: Contingent; no fees required in advance.
Incorporation:

Recording certificate, per 100 words..
Acknowledgments

Mandamus: Contingent; costs of court.

Probate

Protest

Record: Per 100 words....
Sheriff: Contingent.

Transcription: per 100 words
Witness:

In Circuit Courts, per day.
In Justice

VIII. DEEDS:

.10

1.50

.75

2.00

.10

.10

1.00

.33

All deeds conveying real estate, which shall contain the names of the grantor and grantee, or bargainor and bargainee, a consideration in cases where a consideration is necessary to the validity of a deed, and a description of the real estate sufficient to identify the same, and the interest or estate intended thereby to be conveyed, with a reasonable certainty, shall be sufficient, if executed and acknowledged as required by law, and duly recorded within the time fixed by law.

Every deed conveying real estate shall be signed and sealed by the grantor and attested by at least one witness, a scroll seal being sufficient. No separate examination is required in the case of married women.

Deeds must be recorded within six months from date. in the county or city in which the land lies, and where it lies in more than one county, or in the city of Baltimore and a county, they must be recorded in the several counties and said city in which the land lies. Every deed of real property, when acknowledged and recorded as directed, takes effect, as between the parties thereto, from its date.

Where there are two or more deeds conveying the same lands or chattels real, the deed or deeds which shall be first recorded according to law shall be preferred, if made bona fide and upon good and valuable consideration. This applies to all deeds of mortgage, and to all other deeds or conveyances to the validity of which recording is neces

sary.

No words of inheritance are necessary to create an estate in fee simple, but every conveyance of real estate shall be construed to pass a fee simple estate unless a contrary intention shall appear by express terms, or be necessarily implied therein. The word "grant" in a deed

is sufficient to convey the whole interest and estate of the grantor, and the words "bargain and sell" are sufficient in a bill of sale or mortgage of personal property.

(Art. 21, Code Public General Laws.) No estate of in

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