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heritance or freehold, or any declaration or limitation of use, or any estate above seven years, shall pass or take effect unless the deed conveying the same shall be executed, acknowledged and recorded as herein provided; and all such deeds shall be acknowledged. Any unmarried woman between eighteen and twenty-one years of age shall have power to make a deed of trust of her property, real, personal or mixed, provided the same shall be approved and sanctioned by a court having equity jurisdiction in the city or county where the grantor resides, upon the petition of the said grantor, and such proof as the said court in its direction may require. (Chap. 210, Acts of 1890. See title "Acknowledgments.")

A power of attorney authorizing an agent or attorney to sell and convey any real estate shall be attested and acknowledged in the same manner as a deed, and recorded with the deed executed in pursuance of such power. The person executing a deed as agent or attorney must describe himself in and sign the deed as agent or attorney. Any bond, writing obligatory, or contract for the conveyance of real estate, or any interest of, in or relating to real estate, or for the leasing or demising of real estate for any term of years, may be executed, acknowledged and recorded in the same manner as are deeds,

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Commissions for taking the testimony of witnesses residing beyond the limits of this State, to be used in the law and equity courts, may be issued by the respective clerk of the court in which such testimony is desired. The commissioners may be agreed upon by the parties, or they may agree upon one commissioner; otherwise either party may enter on the docket a motion for a commission to be issued to two persons named in said motion, and unless the opposite party shall name as commissioners on his behalf two other persons, within ten days after service of a copy of said motion, a commission will be issued to the two persons named. If the party served names to commissioners, each party may strike out the name of one from the two named by the other; or if either party neglects to strike, the court will strike for him, and the commission will issue to the two remaining commissioners. The parties have a right to be present at the execution of a commission, and to reasonable notice of the time and place, but they may agree to dispense with such notice, and the witnesses may be examined on interrogatories annexed to the commission. In the latter case, the party asking for the commission, and before taking out the same, must file his interrogatories and serve a copy of the same on the opposite party, who must, within ten days, file cross-interrogatories, and also interrogatories for the witnesses proposed to be examined on his part. Copies of all such interrogatories and cross-interrogatories shall be annexed to the commission, and the examination shall be limited to the same and to the witnesses named therein. The carriage of the commission is entrusted to the party applying therefor, and he will be held responsible for the return thereof, which should be within thirty days. Several commissions may issue for the examination of witnesses in different places.

In addition, the testimony of non-resident witnesses may be taken by either party to any case in any court of this State, or before any justice of the peace of this State, upon giving notice of not less than five days to the opposite party of the time and place, when and where, the testimony of such non-resident witnesses is proposed to be taken, and the name of the commissioner, notary public, or justice of the peace before whom the same is proposed to be taken, together with the names of the witnesses proposed to be examined. The deposition of any such witnesses taken pursuant to such notice, signed by such and duly certified by the officer taking the same, under his hand and seal, shall be admitted as evidence at the trial of the case, as fully to all intents and purposes as if the same had been taken under a commission. The parties may dispense with formal notice of time, place, name of officer, etc., and by agreement provide for the taking of such depositions. (Art. 35, Sec. 16, Code Public General Laws.)

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If any person seized of an estate in lands, tenements or hereditaments lying in this State, in fee simple or fee simple conditional, or of an estate in fee tail general, shall die intestate thereof, such lands, tenements or hereditaments shall descend in fee simple in the following order: To the child or children and their descendants, if any, equally. If no child of descendant, and the estate descended to the intestate on the part of the father, then to the father. If no father living, then to the intestate's brothers and sisters of the blood of the father, and their descendants, equally. If no brother or sister or descendant from such brother or sister, then to the paternal ancestry and descendants of such, equally. If none such living then to the maternal ancestry and descendants thereof in each degree equally. If no paternal ancestor or descendant from such ancestor, then to the mother of the intestate. If no mother living, then to the maternal ancestry and descendants thereof in each degree, equally.

If the estate descended to the intestate on the part of the mother, and the intestate shall die without any child or descendant, then the estate shall go to the mother.

If no mother living then to the intestate's brothers and sisters of the blood of the mother and their descendants in equal degree equally, then to the maternal male ancestry and descendants thereof in each degree equally. If no such maternal ancestor as aforesaid, or descendant from any maternal ancestor, then to the father of the intestate. If no father living, to his descendants in equal degree, equally. If no father living or descendant from the father, then to the paternal ancestors and their descendants, in the same manner as hereinbefore directed as to the maternal ancestors.

If the estate shall be vested in the intestate by purchase, or shall descend to or vest in the intestate in any other manner than hereinbefore mentioned, and if there be no child or descendant of such intestate, then the estate shall descend to the brothers and sisters of such intestate of the whole blood, and their descendants in equal degree equally; failing these, to those of the half blood; thereafter to the father, mother, grandfather on the part of the father, descendants of such grandfather in equal degree, equally; and failing such grandfather, to the maternal ancestry, ad infinitum. (See Art. 46, Code P. G. L.)

XI. EXECUTIONS:

On all judgments or decrees in any court of law or equity, and on all judgments of justices of the peace recorded in the clerk's office of any court of law, an execution or attachment may issue out of such court or by the clerk thereof at any time within twelve years from the date of the judgment or decree.

In case of the death of a plaintiff, his executor or administrator may be made a party, and have execution or attachment, and in case of marriage of a female plaintiff, she may upon proper suggestion of the marriage, have execution or attachment in her new name; and in case of death or marriage of defendant, plaintiff upon proper suggestion of such death or marriage, may have execution or attachment against defendant still living, and at any time before the expiration of twelve years the plaintiff may have the writ of scire facias to renew or revive said judgments. ("XII. Exemptions.") Art. 26, Code, P. G. L., Sec. 20, Chap. 114, Acts of 1892.

Upon all judgments rendered at the second term after defendant has been summoned, a stay of execution is allowed until the first Thursday of the ensuing term, with privilege of superseding same, right of appeal or writ of error after the expiration of said stay. (This applies to the counties only.) In Baltimore City, execution may issue at any time after the rendition of judgment, or on judgments by default, when extended according to law. On judgments of justices of the peace execution may issue forthwith, unless superseded. Execution may be stayed by supersedeas with security for six months. XII. EXEMPTIONS:

One hundred dollars' worth of property of each defendant therein shall be exempt from execution issued on any judgment in any civil proceeding whatever, except on judgments for breach of promise to marry or for seduction. Defendant may select property, real or personal, to the value of one hundred dollars, to be ascertained by appraisers summoned and sworn by the officer at the time of levying the execution. All wearing apparel; mechanical text books, and books of professional men; tools of mechanics; and all tools or other mechanical instruments necessary to the practice of any trade or profession, shall be exempt from execution in addition to the property hereinbefore exempted; not to apply to books, tools, mechanical instruments or appliances kept for sale or barter.

Exemptions enumerated do not impair the lien of any vendor for the purchase money of land, nor of any mortgagee, nor of any mechanic or other person, for any debt contracted for or in aid of the erection of any building, nor do they apply to any levy for non-payment of taxes, or to any persons except actual bona fide residents of Maryland. A defendant may, however, waive his claim to exemption in an original contract or cause of action or by subsequent contract in writing.

A chose in action or other intangible property cannot be taken in execution. Equitable interests in personalty may be reached by proceedings in equity, after the return of writ of execution at law.

There is no homestead exemption.

XIII. INTEREST AND USURY:

The legal rate of interest is six per cent per annum. No plea of usury is available against any legal or equitable assignee or holder of any bond, bill, note or other negotiable instrument where such assignee, endorsec, or holder shall have received the same for a bona fide and legal consideration, without notice of any usury in the creation or subsequent assignment thereof.

The penalty for usury is a forfeiture of all the excess above the real sum or value of the goods or chattels actually lent or advanced, and the legal interest on such sum or value. Usury is not a cause of action in any case where the evidence of indebtedness has been deemed or settled in money or other valuable consideration, except that of a renewal in whole or in part of the original indebtedness.

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XIV. INSOLVENCY:

Voluntary: Any person being insolvent may apply for his discharge in insolvency, by petition to the Circuit Court for the county where he resides, or to the Court of Common Pleas if he resides in Baltimore City, stating that he is insolvent, and offering to deliver up for the benefit of his creditors all his property real and personal, at the same time exhibiting a schedule of his property, and a list of the debts due from and owing to him, with the names of his debtors and creditors, and their respective places of business or residence, so far as known to him, verified by affidavit. He must also annex to said petition an affidavit that he will deliver up to such trustee as may be appointed all his property, etc. (the necessary wearing apparel and bedding of himself and family and such property as may by law be exempt from execution excepted), and that he has not at any time sold, lessened, transferred or disposed of any part of his money or other property for the use or benefit of any person; or intrusted any part of his money or other property, debts, rights or claims, thereby intending to delay or defraud his creditors or any of them; or to secure the same so as to receive or expect to receive any profit, benefit or advantage himself therefrom; always provided, that said applicant has at no time within two years previously been discharged under any insolvent law of this State.

The court will then appoint a preliminary trustee, who is required to give bond, etc., to whom the insolvent must immediately convey all his property of every kind; and all the property rights and claims of the insolvent will vest in such trustee; who is required to give due notice to the creditors of the proceedings, and to call a meeting within not less than five or more than ten days to choose a permanent trustee. At such meeting the creditors having proven their claims, elect a permanent trustee, who, upon giving bond, is vested with all such estate, property rights, etc., and the same must be conveyed to him by the preliminary trustee. The creditors may also propound to the debtor at such meeting any interrogatories touching his property, and the disposition of the same; his indebtedness; the judgments and suits against him, and as to any matter relating to his business, to be answered by him under oath to be administered by the clerk or deputy clerk.

If the proceedings are determined in favor of the insolvent, he is discharged from all debts and contracts made before the filing of his petition, which extends to all cases where he is endorser or surety. The estate of the insolvent is distributed by the court according to the principles of equity, and no creditor shall acquire a lien by fieri facias or attachment, unless the same be levied before the filing of his petition.

No deed or conveyance executed, or lien created by any banker, stock broker, merchant, manufacturer or trader being insolvent, or in contemplation of insolvency, save as hereinafter provided, shall be lawful or valid if the same shall contain any preferences save such as result from operation of law, and those for wages or salaries to clerks, servants, and employes, contracted not more than three months anterior to the execution thereof; and all preferences, with the exceptions aforesaid, shall be void, howsoever the same may be made; provided the grantor shall be proceeded against, or shall apply for the benefit of the law within four months, and shall be declared or become an insolvent under the provisions of the law. (Art. 47, Sec. 14, P. G. L., Chap. 364, Acts of 1890.)

Involuntary: Any person who shall depart from or remain absent from this State with intent to hinder, delay or defraud his creditors, or conceal himself to avoid service upon him in any action for the recovery of a debt; and any person who conceals or removes any of his property to prevent the same from being taken under legal process; or makes an assignment, gift, sale, conveyance or transfer of all or part of his estate or property, with intent to hinder, delay or defraud his creditors; or belonging to any of the classes mentioned in Sec. 14 (ante) of this article, when insolvent or in contemplation of insolvency, executes a deed or conveyance giving preferences, creates a lien making any unlawful preferences, or otherwise makes such preferences; or, belonging to the said classes, when insolvent or in contemplation of insolvency, confesses any judgment or allows any judgment to be entered against him by any connivance, or fraudulently stops or suspends payment of his negotiable paper and fails to renew payment thereof within twenty days; or, being a banker or broker, shall fail for twenty days to pay any depositor on demand lawfully made, shall be deemed to have committed an act or acts of insolvency, as the case may be; provided, the petition against him is filed within four months after the act of insolvency is committed.

Such petition may be filed by any one or more creditors the aggregate of whose claims amount to at least two hundred and fifty dollars, and should set forth the facts upon which the application is grounded, pray for process, etc., and an adjudication of insolvency, and be verified by the affidavit of petitioner, whereupon a summons issues against the debtor to show cause, etc., within not less than five nor more than ten days; and the proceedings thereafter are substantially the same as in cases of voluntary application. (Art. 47, Sec. 23, P. G. L.)

The provisions of the insolvent law apply to co-partnerships, but not to married women or corporations. By Chap. 568, Acts of 1894, deeds of trust for the benefit of creditors are not to be affected or impaired by the provisions of the insolvent law, if bona fide, and the trustee may administer the trusts created by such deeds, and make distribution under the supervision of a court of equity, notwithstanding the grantor may apply for the benefit of or be proceeded against under the insolvent law.

XV. JUDGMENTS:

Judgments of a court of record, or of a justice of the peace, if recorded, become a lien upon the real property of the defendant in the county wherein the judgment was rendered, and said lien continues for twelve years. (Chap. 114, Acts of 1890.)

In order to acquire a lien upon personal property, it is necessary to issue a writ of execution, when the lien will attach from the delivery of the writ into the hands of the sheriff.

A judgment may be made a lien in a county other than where rendered by recording in such county a certified copy of the docket entries, and if execution is desired at the same time, by sending a writ of fieri facias directed to the sheriff, with such docket entries. (Chap. 314, Acts of 1890. See "IV. Attachments.")

XVI. LIENS:

Every building erected, and every building repaired, rebuilt or improved to the extent of one-fourth its value is subject to a lien for the payment of all debts contracted for work done or materials furnished for or about the same, and if a building is commenced and not finished, the lien will attach to the extent of the work done or materials furnished. The lien is not waived by granting credit, or receiving notes or other security, the effect thereof being only to prevent the institution of proceedings to enforce the lien until the expiration of the time agreed upon. The lien extends to the ground covered by the building and to so much other ground immediately adjacent thereto, and belonging to the owner of the building, as may be necessary for the ordinary and useful purposes of such building.

Where a building is erected by a lessee or tenant for life or years, or by an architect, builder or other person employed by the lessee or tenant, the lien will only apply to the extent of interest of the latter.

If said building is erected on a lot belonging to a married woman by her husband, or some person employed by him, notice in writing to such married woman must be given within sixty days after doing the work or furnishing the materials, and if the contract for work or materials is made with any person other than the owner of the lot, or his agent, a similar notice must be given within sixty days of an intention to claim such lien.

The lien is preferred to all mortgages, judgments, liens and incumbrances which attach upon the building or grounds, subsequently to the commencement thereof, and such liens are postponed unless recorded prior to the commencement of the building.

In order to establish such lien, the claimant must file a statement of his claim in the Circuit Court for the county, or the Superior Court of Baltimore City, setting forth: 1. The names of the party claimant, the owner or reputed owner of the building, and the contractor or architect, or builder; when the contract was made by the claimant with such contractor, architect or builder. 2. The amount or sum claimed to be due; the nature or kind of work, or the kind and amount of materials furnished; and the time when the materials were furnished or the work done. 3. The locality of the building, the number and size of the stories of the same, or such other matters of description as may be necessary to identify the same. If the claim is against several buildings, the amount claimed against each must be designated. The claim must be filed within six months from the time the last work was done or materials furnished, and will expire in five years, but may be renewed by scire facias. The lien also applies to every machine, wharf and bridge erected, constructed or repaired, as well as to all boats and vessels, and will expire in cases of boats and vessels at the end of two years.

The proceedings to enforce mechanics' liens are by bil in equity for sale and distribution, or by writ of scire facias. (Art. 63, Code, P. G. L.)

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this State at the time of the accruement of the right, title or cause of action. (See Chap. 661, Acts of 1894.) Where a party has been kept in ignorance by fraud of the adverse party, the right to bring suit shall be deemed to have first accrued at the time at which such fraud shall or with usual or ordinary diligence might have been known or discovered.

Twenty years adverse possession gives title to land. Actions to set aside conveyances from husband to wife by creditors of the husband, must be brought within three years.

XVIII. MARRIED WOMEN:

The property, real and personal, belonging to a woman at the time of her marriage, and all property which she may acquire or receive after her marriage, by purchase, gift, grant, devise, bequest, descent, in a course of distribution, or in any other manner, shall be protected from the debts of her husband, and not in any way be liable for the payment thereof; provided that no acquisition of property passing to the wife from the husband after coverture, shall be valid if the same has been made or granted to her in prejudice of the rights of his subsisting creditors, who, however, must assert their claims within three years after the acquisition of the property by the wife, or be absolutely barred, and for the purpose of asserting their rights, claims of creditors of the husband, not yet due and matured, shall be considered as due and matured. (Chap. 267, Acts of 1892.)

The property acquired or owned by a married woman she shall hold for her separate use, with power of devising the same as fully as if she were a femme sole. If she die intestate, leaving children, the husband has a life estate in her property real and personal; if no children, he takes a life estate in her real property and the personal property absolutely. She may be sued jointly with her husband, on any note, bill, bond, contract or agreement which she may have executed jointly with her husband. (Chap. 394, Acts of 1890.)

Any married woman, who by her skill, industry or personal labor, shall earn any money, or other property, real, personal or mixed, shall hold the same and the fruits, increase, and profits thereof, to her sole and separate use, with power as a femme sole, to invest, re-invest, devise, bequeath, sell and dispose of the same; provided that such money or property shall be liable for the payment of any claim or debt incurred by such married woman in and about the business, occupation or enterprise in which said money or other property shall be earned or invested; and for any such debts she may be sued as if she were a femme sole, and any such property may be taken in execution, to satisfy any judgment rendered on such cause of action; provided, that the husband shall have the right to appear and defend in her name, and no judgment shall be entered in any such suit without proof, unless by joint consent in writing of herself and husband; and provided further, that any married woman may sue in any court of law or equity, upon any cause of action in her own name, as if she were a femme sole. She may insure the life of her husband, and the policy becoming due and payable, may receive the amount for her own use free from the claims of the representatives of her husband, or his creditors.

Any married woman having arrived at the age of eighteen years, may convey her real or personal property, if her husband joins in the conveyance, whether the conveyance be absolute or by way of mortgage; and she may execute and acknowledge any deed, mortgage or bill of sale, or other instrument of writing, in the same manner as other grantors or bargainors, without any private examination or other ceremony; and she may at whatever age, relinquish her dower in any real estate by the joint deed of herself and husband, or by her separate deed. (Chap. 326, Acts of 1894.)

The husband is not liable for his wife's debts before marriage. The wife may bind herself in deeds relating to real estate or chattels real, by covenant, as if a femme sole. XIX. MORTGAGES:

Mortgages shall be executed, acknowledged and recorded, as absolute deeds of the same interest are required to be executed. etc. No mortgage shall be valid except as between the parties, unless there be an oath or affirmation endorsed thereon of the mortgagee that the consideration in said mortgage is true and bona fide as therein set forth.

An assignment of a mortgage may be made and such assignment shall be recorded by the clerk at or near the foot of the original mortgage in a blank to be left for that purpose, and such assignment endorsed on the original mortgage, conveys to the assignee every right which the assignor possessed under said mortgage at the time of the assignment.

Release of a mortgage may be written by the mortgagee or his assignee upon the record in the office where the mortgage is recorded, and attested by the clerk; or such release may be endorsed on the original mortgage and filed with the clerk for record at the foot of the mortgage, when the same will be retained in the clerk's office and not allowed to be withdrawn. Such release may also be made by an executor or assignee under a series of assign

ments.

Bills of sale and mortgages of personal property are to be executed, acknowledged and recorded in like manner as deeds of real estate. Bills of sale and mortgages of personalty must, however, be recorded within twenty days from the date thereof in the county or city in which the vendor resides, but if the vendor resides out of his State, then in the county or city where the property is located. Mortgages of personal property shall be valid and take effect, except as between parties thereto, only from the time of recording, and in case of more than one mortgage, the one first recorded has preference. They may be assigned and released in the same manner as mortgages of real property. No bill of sale or mortgage of personal property shall be valid except as between the parties thereto, unless the bargainee, or vendee, or mortgagee, or some one of them, or his agent, shall make the affidavit required to be made of mortgagees of real estate, and such affidavit may be made at any time before recording and before any person authorized to take the acknowledgment of such bill of sale or mortgage. Where a bill of sale, which according to the true intent of the parties thereto is a chattel mortgage, is taken on personal property upon the payment of the debts named in said bill of sale by the vendor, it shall be the duty of the vendee to release said bill of sale or re-transfer the property mentioned therein to the vendor, which may be endorsed on the original bill of sale, and the same returned to the record office, and the release of re-transfer entered on the record book, where the bill of sale is recorded, at the end of the record thereof; or the said release or re-transfer may be made in the presence of the clerk with his attestation thereto in the record book.

XX. NOTES AND BILLS:

Negotiable paper is regulated in this State by the law merchant. Bills, drafts or notes payable at sight or at presentation are deemed to be payable on demand without grace. (Art. 13, Code P. G. L.) Bills of lading, warehouse, elevator and storage receipts are negotiable instruments. (Art. 14, Code P. G. L.)

The following are legal holidays: January 1st, New Years' Day; February 22nd, Washington's Birthday; July 4th, Independence Day; December 25th, Christmas Day; Good Friday; May 30th, Decoration Day; all days of general and congressional elections throughout the State; all special days of thanksgiving, fasting and prayer, or other religious observance, appointed or recommended by the Governor of this State, or the President of the United States; and as regards presenting for payment, or acceptance, and protesting, and giving notice of dishonor of bills, checks, drafts and notes, are to be considered and treated as the first day of the week, Sunday. When either occur on Sunday the Monday next following is treated as a holiday, and in such case paper presentable on such Monday is deemed presentable on the Saturday preceding. (Art. 13, Code P. G. L.)

XXI. SUITS:

Suits are still as at common law, though simpler forms of pleading are used. Whatever facts are necessary to constitute the ground of action, defense or reply, as the case may be, shall be stated in the pleading and nothing more. Any declaration which contains a plain statement of the facts necessary to constitute a ground of action or any plea necessary to form a legal defense, shall be sufficient without reference to mere form. (Art. 75, Code P. G. L.)

The writ of summons applies to all actions for the recovery of money, whether founded in contract or in tort. The writ of ejectment applies to all actions for the specific recovery of real property. The writ of replevin applies to actions brought for the recovery of personal property.

Amendment of the pleadings is allowed at any time before the verdict, so that the case may be tried on its real merits and the purposes of justice subserved.

XXII. TAXES:

The law provides for the assessment and taxation of all property of every kind, nature and description within this State, except the same be exempted from taxation. (Art. 81, Code P. G. L.) No person who is not assessed to the amount of one hundred dollars is required to pay any tax, and there is no poll tax. The county commissioners of the several counties, and the mayor and city council of Baltimore City are required to make the annual levy of the State taxes.

All certificates of indebtedness or evidences of debts in whatever form, made or issued by any state, territory, county, public corporation or foreign country, shall be subject to valuation and assessment to the owners thereof in the county or city in which such owners may respectively reside.

Taxes are considered in arrears on the first day of January succeeding the date of their levy, and bear interest from that date at six per cent per annum. A tax of one-tenth of the commissions of executors and administrators, and a collateral inheritance tax of two and one-half per cent is also provided for. Collection may be enforced by sale.

XXIII. WILLS:

(Art. 93, Code P. G. L.) All lands, tenements and hereditaments which might pass by deed, or which would in case of the proprietor dying intestate, descend to or devolve on his or her heirs or other representatives, except estates tail; and all goods, chattels, monies, rights, credits, or personal property of any kind which might pass by bill of sale, assignment or delivery, shall be subject to be disposed of, transferred and passed, by his or her last will. (Sec. 307.)

It is required that the person making the will be of sound and disposing mind, and capable of executing a valid deed or contract. (Sec. 309.) Males must be twenty-one and females eighteen years of age. The will must be in writing, and signed by the party making the same, or by some other person for him in his presence and by his express direction, and must be attested and subscribed in his presence by two or more credible witnesses. (See 310.)

No will is revocable, otherwise than by some other will or codicil in writing, or other writing declaring the same; or by burning, canceling, tearing or obliterating the same; by the testator himself, or in his presence and by his direction and consent. (Sec. 311.) No nun-cupative will is valid, but any soldier in actual service, or mariner at sea, may thereby dispose of his movables, wages, etc. (Sec. 318.)

Every will or other testamentary instrument made out of this State shall be held to be valid in Maryland, if the same be made according to the forms required by the law of the place where the same was made, or by the law of the place where the testator was domiciled when the same was made; or according to the forms required by the law of this State; and if the testator was originally domiciled in Maryland, although at the time of making the will, or at the time of his death, domiciled elsewhere, the said will or testamentary instrument then so executed shall be admitted to probate in any Orphans' Court of this State, and when so admitted shall be governed by and construed and interpreted, according to the law of Maryland, without regard to the lex domicilii, unless the testator shall expressly declare a contrary intention in said will or testamentary instrument. (Sec. 319, Chap. 15, Acts of 1894.)

The Orphans' Courts, and in their recess the registers of wills, are authorized to take the probate of any will, testament or codicil, whether the same relates to real or personal estate or both. (Sec. 323.) No caveat will lie after three years from probate. Wills may be deposited with the register of wills in the Orphans' Court for safe keeping on payment of a fee of fifty cents, to be kept until death of testator unless withdrawn on his order and receipt given. (Sec. 340.)

CORPORATIONS.

I. CONSTITUTIONAL PROVISIONS:

(Art. 23, Code P. G. L.) Corporations may be formed in this State, for the purposes specified in the general law, by any five or more persons, citizens of the United States, and a majority of them citizens of this State, or if alien, residents of this State, making oath that they bona fide intend to become citizens of the United States without unreasonable delay. Corporations for purposes not specified in the law can only be created by the Legislature. II. ORGANIZATION:

The incorporators are required to make, sign, seal and acknowledge before some officer competent to take the acknowledgment of deeds, а certificate in writing in which shall be stated: 1. The names in full, and places of residence of the applicants. 2. The proposed corporate name of the corporation, which shall always include the name of the county or city in which it may be formed. 3. The objects or purposes for which incorporation is sought; the time of its existence, not to exceed forty years; and the articles, conditions and provisions under which it is formed. (By Chapter 557, Acts of 1894, the limitation of forty years does not apply to gas light companies, cemeteries, educational associations, universities, colleges, academies, hospitals or asylums, and they may provide for perpetual existence.) 4. The place or places where the operations of the corporation are to be car

ried on, and the place in this State in which the principal office of the corporation will be located. 5. The amount of capital stock (if any). (By Chapter 114, Acts of 1894, a bonus of one-eighth of one per cent on capital stock, must be paid the State, before the corporation can act, except by cemetery companies, benevolent and charitable companies, railway companies and building or homestead associations.) 6. The number of shares of stock (if any) and amount of each share. 7. The number of trustees, directors or managers, and their names, who shall manage the concerns of the corporation for the first year. When the certificate is duly executed, it must be submitted to one of the judges of the judicial circuit within which the office of the corporation is located, if in one of the counties; or to a judge of the Supreme Bench of Baltimore City, if the principal office is in Baltimore City, for his certificate that the same is in conformity with the law. The certificate must then be recorded in the clerk's office of the County or Superior Court of Baltimore City. The persons therein named are thereupon a body politic and corporate by the name stated in the certificate, with the usual powers.

No corporation shall possess or exercise any corporate powers, except such as are conferred by law, and such as shall be necessary to the exercise of the powers so acquired.

III. LIABILITY OF STOCKHOLDERS:

Stockholders are liable under the general law to the creditors of the corporation to the extent of their unpaid subscriptions to the capital stock; but in case of safe deposit, trust, guaranty, loan and fidelity companies, etc., receiving money on deposit, or assuming obligations in this State, they are made liable to depositors and creditors for double the amount of stock at the par value, held by them in such corporation. (See Chapter 109, Acts of 1892.)

IV. FOREIGN CORPORATIONS:

All foreign corporations (except insurance companies) may do business in this State, and hold property therein. Process against them may be served on any agent or attorney. (Chapter 601, Acts of 1892.)

MINING.

I. MINING CORPORATIONS:

Corporations may be formed under the general laws for conducting any kind of mining business in this State, for selling or otherwise disposing of the products of said business where the principal office of said corporation is located in this State: for washing, dressing, smelting and otherwise preparing for and bringing to market and selling the ores of all kinds of metals; for opening and working quarries of marble, slate or other economic minerals or mineral substances in this State and for the transportation or exportation and sale thereof; and for operating petroleum, salt or other mineral springs.

The quantity of land which such corporations may hold is restricted to one thousand acres in Allegany county and five hundred acres in any other county.

Capital stock of such corporations may not exceed three million dollars, and the presence in person or by proxy of a majority in interest of the stockholders is required at business meetings. Ibid.

Under proper regulations such corporations may construct railroads with necessary appurtenances beginning at or near the mines or works and running to convenient points.

II. INSPECTION OF MINES:

Under local acts applicable to Allegany and Garrett counties, a mine inspector, appointed by the Governor, is required to make monthly inspection of mines in operation and to report annually to the Governor on the condition of said mines.

Mine owners and operators are required to keep accurate maps of workings of their mines; to provide proper means of ventilation; and generally to observe such protective regulations as obtain in other states. The mine inspector is also the inspector of weights. (See Art. 1. Sec. 196, P. L. Laws, Allegany county, and Art. 12, Sec. 145, P. L. Laws, Garrett county.)

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Acknowledgments may be made before any justice of the peace or notary public in the State; or before any justice of the peace, magistrate, notary public, or commissioner appointed for that purpose by the Governor of this State within the United States or in any foreign country; or before a minister or any consular officer of the United States in any foreign country. Where acknowledgments are taken out of the State by a justice of the peace, there should be appended a certificate of his appointment and authority made by the Secretary of State or the clerk of a court of record.

II. ASSIGNMENTS:

The insolvent law is in many respects similar to the United States bankrupt law, repealed in 1878, and has no jurisdiction over debts contracted outside the State unless the same are proved in the insolvency proceedings. But an assignment to trustee to divide property among creditors can not be avoided by attaching creditor and only by assignee in insolvency. Any person owing two hundred dollars or more may obtain relief; and any creditor to the extent of one hundred dollars or more may apply within ninety days after commission of act of insolvency for seizure and distribution of estate. Assignee is chosen by majority in value, and may be required to give bond. Proof of debts must be substantially according to statute form; mere affidavit of indebtedness is not allowable. Original notes and bills of exchange must be annexed to proof, and in case of an open account an itemized statement must be attached. The oath may be made before a justice of the peace, notary public or commissioner. Assent of majority in number and value of creditors filed within six months from date of assignment necessary for discharge if assets do not pay fifty per cent or more, otherwise discharge is granted without such

assent.

The insolvent may file an offer of composition with creditors, and will be confirmed therein if assented to by a majority in number and value of creditors, if it be for payment of not less than fifty per cent; or if less than fifty per cent, of three-fourths in number and value.

III. ATTACHMENT:

All real estate, goods and chattels not exempt, may be taken in attachment on the original writ and held as security for judgment, except that lands and tenements can not be attached in suits involving less than twenty dollars. No bond is required to make an attachment. Debtor may dissolve attachment by furnishing bond with sureties to pay judgment obtained, or value of property attached, determined by appraisement. Upon affidavit by the creditor or some one in his behalf, that he has reason to believe that the debtor intends to leave the State and has property not exempt from attachment which he does not intend to apply to the payment of plaintiff's claim, the debtor may be arrested and held to bail. Debtor against whom judgment is rendered for over twenty dollars may be subjected to sworn examination touching his property, and if he refuses to deliver up such

property (not being exempt from attachment), an order for arrest will issue, and he can then apply and be examined to take the poor debtor's oath.

IV. COURTS:

Trial justices may severally hold courts within the counties for which they are appointed, and shall have original jurisdiction, exclusive of the Superior Court; and of all actions of contract, tort or replevin, where the debt or damages demanded or value of the property alleged to be detained does not exceed one hundred dollars. Police and District Courts may in their respective counties exercise the same powers, shall have the same jurisdiction, civil and criminal, and shall perform the same duties and be subject to the same liabilities as trial justices.

The Supreme Judicial Court has original and concurrent jurisdiction with the Superior Court, in actions for recovery of debt to the amount of four thousand dollars or over in Suffolk county (Boston) and one thousand dollars or over in the other counties of the State. The Superior Court has jurisdiction where the amount claimed exceeds twenty dollars.

The Municipal Court of the city of Boston has jurisdiction concurrently with the Superior Court in the county of Suffolk, in actions where the debt does not exceed two thousand dollars, provided one or more of the defendants, or in trustee process, one or more of the persons named as trustee, resides or has his usual place of business in the county of Suffolk. The other Municipal, District, Police and Justice Courts throughout the State, as a rule, have concurrent jurisdiction up to three hundred dollars.

V. DEEDS:

In deeds where there is more than one grantor, the acknowledgment of one of them is sufficient. Deeds must be under seal, a scroll being insufficient. No subscribing witness is necessary. Release of dower must be explicity stated in deed, wife's joining in the deed merely being insufficient. Acknowledgment must be taken of all deeds, conveyances, transfers, mortgages, etc., as prescribed by statute. ("I. Acknowledgments.")

VI. EXECUTIONS:

Executions can not issue until twenty-four hours after judgment is rendered, and an original execution must be issued within one year after plaintiff is entitled to sue out the same. Executions from all courts are returnable within sixty days. There is no stay of execution except by special order of court.

VII. EXEMPTIONS:

Homestead, if recorded, to the value of eight hundred dollars. Necessary wearing apparel of family, certain specified articles of household furniture, and three hundred dollars' worth in addition thereto; library to value of fifty dollars; tools and implements, one hundred dollars; stock, one hundred dollars; boats and fishing tackle, etc., one hundred dollars; one cow, six sheep, one swine and two tons of hay; sewing machine, necessary wearing apparel, pew in church, etc.

VIII. INTEREST:

Legal rate, six per cent, which is allowed on judgments. There are no usury laws, except on loans less than one thousand dollars, and any rate may be reserved or contracted for in writing, and rate reserved in note is payable after maturity of note as before. Loans less than one thousand dollars, shall be dischargeable upon payment or tender of the sum actually borrowed and interest at the rate of eighteen per cent per annum, together with a sum for actual expenses of making the loan, not exceeding ten dollars; and all payments in excess of said rate shall be applied to discharge of the principal.

IX. JUDGMENTS:

Judgments may be entered within four days of default, but do not constitute a lien upon realty or personalty of debtor not attached on the original writ. Are not outlawed for twenty years.

X. LIENS:

Any person to whom a debt is due for materials furnished and actually used in the erection, alteration or repair of a building or structure upon real estate, by virtue of an agreement with or by the consent of the owner or his agent, shall have a lien on such building and the interest of the owner in the land upon which such building is situated. But no lien shall attach if these be purchased by a person other than the owner, unless a written notice be previously given of the intent to claim such lien. The owner of such building, if he be a person other than the party by whom or in whose behalf a contract has been made, may prevent the attaching of a lien for materials not then furnished, by a notice in writing given to the person furnishing such materials. The lien shall not avail against a prior mortgage duly recorded. A statement of a just and true account of the amount due, a description of the property and the name of the owner must be filed in the registry of deeds within thirty days

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