able times by night or by day, but in such manner as shall not unnecessarily obstruct the working of the mine, and the owner or agent of such mine is hereby required to furnish the means necessary for such entry and inspection. The inspection and examination herein provided for shall extend to fire clay, iron ore and other mines as well as coal mines." (Acts of Alabama, 1894-95, Sec. 2.) The inspector of mines shall give directions to the mine operators, owners and general managers as to the method and manner of working gaseous mines and the manner of working and propping the roof in any and all mines, and shall examine the machinery and appliances used in working the same, and give directions as to the examination of the same. All such directions shall be given in writing, subject, however, to the approval of the board of examiners as herein provided.

The inspector of mines shall biennially, prior to the convention of the General Assembly, make a written report to the Governor of the condition of the mining interests of the State, with such suggestions as may be of advantage thereto.

III. MAPS AND REPORTS:

An accurate and exact map of each underground mine in the State shall be made by a competent engineer, showing the exact position of the mine in relation to section lines, any branches, creeks or rivers under which said mine may extend, and as near as possible the position of any old or abandoned mine near by. This map must be corrected every twelve months and filed in the office of the inspector.

On or before the twenty-fifth day of January in each year the operator or superintendent of every coal, iron and clay mine, or limestone quarry, shall send to the mine inspector a correct report, specifying with respect to the year ending with the thirty-first day of December preceding, the name of the operator and office of the mine and the quantity of coal, ore, clay or limestone mined. The report shall be in such form and give such information regarding such mine or quarry as may be from time to time required and prescribed by the mine inspector. Blank forms for such reports will be furnished by the mine inspector.

IV. BOARD OF EXAMINERS:

The inspector of mines shall, together with two mining engineers and one practical miner, to be appointed by the Governor for two years, constitute a Board of Examiners. The said board shall be empowered to grant certificates of competency of two grades, namely: Certificates of the first class to persons who have had experience in mines generating explosive gases, and who shall have the necessary qualification to fulfil the duties of mine foremen in such mines; and certificates of the second class to persons who give satisfactory evidence of their ability to act as mine foremen in mines not generating explosive gases. Applicants for first and second class mine foremen's certificates shall be at least twenty-three years of age and shall have had at least five years' practical experience after having attained to the age of fifteen years, as miners, superintendents, at or inside of any iron ore or coal mine in this State, and shall be citizens of this State and men of good moral character and of known temperate habits. No person shall act as mine foreman in any iron ore or coal mine in this State generating explosive gases unless in possession of a first-class certificate of competency.

V. ACCIDENT:

When an explosion or other accident causing loss of life shall occur in a mine it shall be the duty of the person in charge of the mine to give immediate notice to the mine inspector, who will repair at once to the scene and make such suggestions as may appear necessary to secure the safety of any persons who may be endangered. He shall also investigate the cause of the accident and keep a record thereof on file.

VI. MEASURES OF SAFETY:

Ventilation: Every coal mine, whether worked by shaft, slope or drift, shall be provided with sufficient ventilation for each and every person employed therein, and ventilating doors shall be so hung as to close automatically.

The cages used for the purpose of hoisting and lowering persons in and out of the mine must be provided with sufficient cover and with improved safety catches. An adequate brake and a proper indicator showing the position of such cage shall be attached to every drum or machine used in operating such cages.

When a place is likely to contain a dangerous accumu

lation of gases or water, approaching works shall not exceed eight feet in width, and there shall be constantly kept at a sufficient distance ahead, not less than three yards in advance, one bore hole near the center of the working and sufficient flank bore holes on each side.

When gas is known to exist, the owner, agent or operator of any coal mine shall employ a competent fire boss, whose duty it shall be to examine every place in the mine before the men are permitted to enter for work. Said fire boss shall be at some convenient place each day to inform every man as to the state or condition of his working place before entering. Said works shall be carefully examined every morning with a safety lamp by the fire boss before the workmen are allowed to enter therein. No woman shall be employed to labor or work about any mine in this State, nor any boy under the age of ten

years.

Whenever required by the inspector, two openings shall be made to a mine within a reasonable time, one to be used as an escape way.

Owners, agents and operators of any coal mine shall keep a sufficient supply of props and other timber used in the mines, so that the workmen may, at any time, be able to prop their working places, and the owner, agent, or operator shall afford the miners working in their mines proper facilities for the delivery of props and other timber needed by them in their respective working places. An abstract of the rules relating to mines enacted by the State shall be posted in some conspicuous place at or near the mine, and any person injuring or defacing such abstract shall be guilty of a misdemeanor.

VII. MISDEMEANORS:

Any person or persons who shall intentionally or carelessly injure any shaft, safety lamp, instrument, air course or brattice, or obstruct or throw open airways or take matches for any purpose, or pipes or other smokers' articles beyond any station inside of which locked safety lamps are used, or injure any part of the machinery, or open a door in the mine and not close it again immediately, or open any door the opening of which is forbidden, or use any oil not known to be the best miners' oil in lamps, or do any act whatsoever whereby the lives or the health of persons or the security of the mines or machinery is endangered, shall be deemed guilty of a misdemeanor, and upon conviction thereof by a court of competent jurisdiction be punished by a fine not exceeding two hundred and fifty dollars, or imprisonment in the county jail not exceeding six months, or both, at the discretion of the court.

VIII. ENGINEERS:

The owner, agent or operator of any coal mine shall place in charge of any engine used for conveying into and hoisting out of such mine, none but an experienced, competent and sober engineer. No engineer in charge of such engine or machinery shall allow any person-except such as may be deputed for that purpose by the owner, agent or operator-to interfere with it, and no person shall interfere with, or in any way intimidate the engineer in the discharge of his duty.

IX. WEIGHT OF COAL:

The mine inspector, miners employed in the mines, and owners of lands, or persons interested in the rental and royalty of such mines, shall at all proper times have full right and access to all scales used at said mines, including bank book in which the weight of coal is kept, and to examine the amount of coal mined for the purpose of testing the accuracy thereof. In all mines where miners or laborers are paid by weight of coal or ore mined or cut, said weighing is to be done honestly and carefully, and the mining inspector must test the scales at least once every six months; oftener if complaint in writing be made to him.

X. ENCROACHMENT:

Whenever the owner or lessee of any land, adjacent to other lands upon which any mine is being worked, has reason to believe that his land is being encroached upon by said mine, he may, after notice to the mine owner, upon making affidavit to the Probate judge, procure an order from said Probate judge to enter said mine with a competent surveyor for the purpose of inspection of the same, and if admission be refused to said adjacent land holder or engineer, the owner or operator of the mine shall be guilty of a misdemeanor and fined not exceeding one hundred dollars for each offense. (Acts 1892-93, p. 331.)

The right of eminent domain may be exercised in behalf of canals, ditches, flumes, aqueducts and pipes for public transportation, supplying mines and farming neighborhoods with water, etc.; roads. tunnels, ditches, flumes, pipes and dumping places for working mines; also outlets, natural or otherwise, for the flow, deposit or conduct of tailings or refuse matter from mines; also an occupancy in common by the owners or possessors of different mines of any place for the flow, deposit or conduct of tailings or refuse matter from their several mines. III. LIENS:

All persons who may labor or furnish material of any kind in the construction, alteration or repair of any canal, water-ditch, flume or aqueduct, or reservoir, bridge, fence, or other structure or improvement, and to whom money or wages are due or owing therefor, shall hereafter have a lien upon the same for such sums as are unpaid. All miners, laborers and others who may labor, and all persons who may furnish material of any kind, designed or used in or upon any mine or mining claim, and to whom wages are due for such labor or material, shall have a lien upon the same for such sums as are unpaid. The word agent, as used in this act, shall be construed to include all contractors, sub-contractors, architects, builders and persons who have the charge or control of any mine, mining claim, canal, water-ditch, flume, aqueduct, reser

voir, fence, bridge, mill, manufactory, hoisting-works or other property or thing upon which labor had been performed or material furnished. The liens provided for in this act are preferred to all liens, mortgages and other incumbrances which shall have attached upon the property subsequent to the time when the labor was commenced or the material commenced to be furnished. Also to all liens, mortgages and other incumbrances of which the lien-holder had no notice, either actual or constructive, at the time he commenced the labor or commenced to furnish the material.

No lien created by this act shall continue for a longer period than six months after the filing thereof in the county recorder's office of the proper county, unless suit is brought within such period in the proper court to enforce the same. In suits to enforce liens all lien-holders interested may be joined as plaintiffs where their interests do not conflict, and in case of conflict of interests a part may be joined as plaintiffs and a part may be made defendants. The assignee of any contract or account for material furnished or labor performed may attest, file, record and enforce the same as if he had been the original holder thereof.

The procedure to enforce the lien provided in this act shall be the same as in other civil cases.

CORPORATIONS.

I. ORGANIZATION:

Any number of persons may associate themselves together and become incorporated for the transaction of any lawful business. Articles of incorporation must contain: 1. Names of corporators, name of corporation and principal place of transacting business. 2. General nature of the business proposed to be transacted. 3. Amount of capital stock authorized, and times when and conditions upon which it is to be paid in. 4. The time of commencement and termination of corporation. 5. By what officers or persons affairs of corporation are to be conducted, and times at which they are to be elected. 6. Highest amount of indebtedness or liability to which the corporation is at any time to subject itself. 7. Whether private property is to be exempt from corporate debts. Unless so exempted, stockholders are liable for debts of the corporation, in the proportion which their stock bears to the whole capital stock.

Every corporation shall publish, for at least six days, in some newspaper published in the county in which its principal place of business is located or works established, if there be one, and if not, then in some newspaper having a general circulation in such county, a copy of its articles of incorporation.

Corporations for the construction of any work of internal improvement may be formed to endure for fifty years; those formed for any other purposes shall not exceed twenty-five years in duration, but in either case they may be renewed from time to time for a period not greater than was at first permissible, when three-fourths of the votes cast at any regular election held for that purpose shall be in favor of such renewal.

Before commencing any business, except that of their own organization, they must adopt articles of incorporation, which shall be signed and acknowledged by them, as deeds are required to be acknowledged, and recorded in a book for that purpose, in the office of the county recorder of the county where the principal place of business is to be. The corporation may commence business as soon as the articles are filed for record in the office of the county recorder, and their acts shall be valid if the publication in a newspaper is made, and the copy filed in the office of the Secretary of the Territory where such filing is necessary, within three months from such filing in the recorder's office. No change in any of the foregoing particulars shall be valid unless recorded and published as the original articles are required to be; nor shall any change be made at any time or in any manner which would be inconsistent with the provisions of this act.

II. DISSOLUTION:

The corporation shall not be dissolved prior to the period fixed upon in the articles of incorporation, except by majority of stock of its members, unless a different rule is adopted in the articles. And no such premature dissolution shall take place unless preceded by the newspaper publication required at its organization.

Any corporation organized or attempted to be organized in accordance with the provisions of this act shall cease to exist by non-user of its franchises for five years at any one time; but such body shall not forfeit its franchises by reason of any omission to elect officers or to hold meetings at any time prescribed by the by-laws. Corporations whose charters expire by their own limitation, or by the voluntary act of the stockholders, may, nevertheless, continue to act for the purpose of closing up the business, but for no other purpose.

misdemeanor, and, upon indictment and conviction in a court of competent jurisdiction, the party or parties so offending shall be punished by a fine of not less than one hundred dollars or more than one thousand dollars, or imprisonment for not less than three months nor more than one year, or a fine and imprisonment both, at the discretion of the jury; and any person who has sustained injury from any such fraud may also recover damages therefor against those guilty thereof. The intentional keeping of false books or accounts by any corporation, whereby anyone is injured, shall be a misdemeanor on the part of those concerned therein, and they, upon trial and conviction, shall be fined any sum not less than one hundred dollars nor more than one thousand dollars.

IV. TRANSFER OF STOCK:

Transfers of the stock shall not be valid, except as between the parties thereto, until the same are regularly entered upon the books of the company, so as to show the names of the persons by whom and to whom the transfer is made, the numbers or other designation of the shares, and the date of the transfer. The books of the company shall be so kept as to show intelligently the original stockholders, their respective interests, the amount which has been paid thereon, and all transfers thereof; and such books or correct copies thereof, so far as they relate to the items mentioned in this section, shall at all times be subject to the inspection of any stockholder desiring the same. Mortgagees of shares of stock in any company are prohibited from voting at any election, general or special. The right to vote is restricted to the owner of the shares. V. LIABILITY OF STOCKHOLDERS:

Nothing herein shall exempt the stockholders of any corporation from individual liability to the amount of the unpaid installments on the stock owned by them or transferred to them for the purpose of defrauding creditors; and an execution against the corporation to that extent may be levied upon the private property of such individual.

VI. FUNDS:

For the purpose of making repairs, building or enlarging or extending works, or to meet contingencies, or for the purpose of providing a sinking fund for the payment of debts, the corporation may establish a fund and loan the same out from time to time, taking in all cases a good and sufficient security for the payment of the same. VII. IN LEGAL PROCESS:

In any proceeding by or against a corporation, the court shall have the power to compel the officers of the corporation, on motion of either party, upon proper cause being shown, to produce the books of the corporation, and when so produced either party may use the same in evidence. Persons acting as a corporation under the provisions of this act shall be presumed to be legally organized until the contrary is shown, and no such franchise shall be declared to be actually null and forfeited, except in a regular proceeding brought for that purpose. No persons acting as a corporation under the provisions of this act shall be permitted to set up or rely upon the want of a legal organization as a defense to any action brought against them as a corporation; nor shall any person who may be sued on a contract made with such corporation, or sued for an injury done to its property, or for a wrong done to its interests, be permitted to rely upon such want of legal organization in his defense.

VIII. CONSTRUCTION OF WAYS:

No corporation organized under the provisions of this act for the purpose of doing a mining or manufacturing business shall have power to construct or operate any railroad, tramway, turnpike or canal, except such as may lead from its principal works or place of business to some navigable stream or to some existing railroad, turnpike or public highway.

IX.

FOREIGN CORPORATIONS:

Any company organized under the laws of any other state or territory, for any enterprise, business, pursuit or occupation proposed to be carried on, or the principal office or place of business of which is proposed to be located within this Territory, shall make and file certified and duly authenticated copies of their articles of incorporation with the Secretary of this Territory and the county recorder of the county in which its business or principal office is located. Such company, or a company organized in a foreign country for like purpose, shall file with the Secretary of this Territory and the county recorder of such county the lawful appointment of an agent upon whom all notices and processes, including service of summons, may be served, and when so served shall be deemed and taken and held to be a lawful personal service for all purposes. Every act done by such corporation prior to the filing of the articles of incorporation and the appointment of such agent shall be utterly void. Such agents must be bona fide residents of the county; the appointment shall be by resolution of the company, signed by its president, manager or secretary, stating the full name and residence of such agent. Should any agent

so appointed absent himself from the county in which his appointment is filed for a period of two months consecutively, and no other agent be appointed for such corporation within four months after the commencement of such absence of such agent, the right to transact business by the corporation represented by such agent shall cease, and all acts or contracts performed or made thereafter shall, at the option of any person interested, be declared null and void. Compliance with these provisions confers all rights and privileges enjoyed by any company organized under the Territorial laws; provided, that a corporation organized under the laws of any foreign country shall take, receive, possess, hold, acquire or own at any one time not more than three hundred and twenty acres of real estate, exclusive of mines and mineral lands and land necessary or convenient for milling, smelting, reducing or working ores, or for manufacturing or commercial purposes.

The mining districts heretofore or hereafter created in the several counties of this Territory are hereby authorized and empowered to make all necessary rules and regulations for the location, registering and working of mines therein; provided, that all locations and registrations of mines and mineral deposits hereafter made shall be filed with the county recorder for record within sixty days after the same shall have been located.

III. LOCATION AND RECORD:

The size of claim, annual work required to be done thereon, and the manner of location are regulated solely by United States statutes, but the following regulations imposed by the Territorial Legislature must be observed: Every notice of location of a mining claim shall contain: 1. The name of the claim located. 2. The name of the locator. 3. The date of location. 4. The number of feet in length of said claim and the number of feet claimed on each side of the center of the discovery shaft, lengthwise of the claim. 5. The general course of the lode deposit or premises located. 6. The locality of the claim with reference to some natural object or permanent monument, such as will identify the claim.

All mining locations shall be absolutely void unless the certificate of location thereof shall contain: 1. The name of the lode or premises. 2. The name of the locator or locators. 3. The date of location. 4. The number of feet in length of said claim and the number of feet claimed on each side of the center of the discovery shaft, lengthwise of the claim. 5. The general course of the lode or premises, as near as may be. 6. The locality of the claim with such reference to some natural object or permanent monument as will identify the claim.

Before filing such location certificate with the county recorder of the proper county, the discoverer shall locate his claim by: 1. Sinking a discovery shaft upon the premises so claimed, to a depth of at least ten feet from the lowest part of the rim of such shaft at the surface, and deeper if necessary, until there is shown by such work a lode deposit or mineral in place. 2. By posting at the point of discovery, on the surface, a plain sign or notice, substantially conforming to the location certificate. 3. By marking such claim or premises on the ground, so that its boundaries can be readily traced. Such surface boundaries shall be marked by eight substantial posts, projecting at least three feet above the surface of the ground, or by substantial stone monuments at least three feet high, to-wit: One at each corner of said claim, and one at the center of each end and side line thereof.

Any open cut, cross cut, adit or tunnel which shall be made as above provided for, as a part of the location of a mining claim, and which shall be equal in amount of work to a shaft ten feet deep and four feet wide by six feet long. and which shall cut a lode or mineral in place at the depth of ten feet from the surface, shall be equivalent, as a discovery work, to a shaft sunk from the surface."

The discoverer shall have ninety days from the date of discovering the lode, and the posting of the notice thereon, to perform said discovery work thereon. If at any time the locator of any mining claim heretofore or hereafter located, or his assigns, shall learn that his original certificate was defective, or that the requirements of the law had not been complied with before filing, or shall be desirous of changing his surface boundaries, or of taking in any additional ground which is subject to location, or in case the original certificate was made prior to the passage of this law (July 1, 1895), and he shall be desirous of securing the benefits of this act, such locator or his assigns may file an amended certificate of location, subject to the provisions of this act regarding the making of new locations.

IV. ASSESSMENT WORK:

The amount of assessment or representation work or improvements to be done or made during each year, after the completion of the location as heretofore provided, and the time for doing the same, shall be as provided by the laws of the United States. Within three months after the expiration of the period of time fixed for the performance of annual labor, or the making of improvements upon any mining claim or premises, the person on whose behalf such work or improvement was made, or some person for him, knowing the facts, may make and record in the office of the county recorder of the county wherein such claim is situate, an affidavit setting forth the name and location of the lode or claim, the name of the owner or owners, the extent, nature and value of the work done, and the names of the men performing the same for the said owner.

Such affidavit shall be made before a notary public, under his official seal, and when so recorded shall be prima facie evidence of the performance of such labor or the making of such improvements, and said original affidavit, after it has been recorded, or a certified copy of record of same, shall be received as evidence accordingly by all the courts of this Territory.

The re-location of forfeited or abandoned lode claims shall only be made by sinking a new discovery shaft and fixing new boundaries in the same manner and to the same extent as is required in making a new location; or the re-locator may sink the original discovery shaft ten (10) feet deeper than it was at date of commencement of such re-location, and shall erect new, or make the old monuments the same as originally required. In either case a new location monument shall be erected, and the location certificate shall state if the whole or any part of the new location is located as abandoned property. VI. DELINQUENT CO-OWNERS:

Whenever a co-owner or co-owners shall give to a delinquent co-owner or co-owners the notice in writing or notice by publication provided for in Section 2324 of the Revised Statutes of the United States, an affidavit of the person giving such notice, stating the time, place. manner of service and by whom and upon whom such service was. made, shall be attached to a true copy of such notice, and such notice and affidavit must be recorded in the office of the county recorder of the county in which the mining claim is situated, within ninety (90) days after the giving of such notice; or, if such notice is given by publication in a newspaper, there shall be attached to a printed copy of such notice an affidavit of the editor, publisher or foreman of such paper, stating the date of the first, last and each insertion of such notice therein, and when and where the newspaper was published during that time, and the name of such newspaper.

Such affidavit and notice shall be recorded, as aforesaid, within one hundred and eighty (180) days after the first publication thereof. The original of such notice and affidavits, or the records thereof, shall be the evidence that the delinquent mentioned in said Section 2324 has failed or refused to contribute his proportion of the expenditure required by that section, and of the service or publication of said notice; provided the writing or affidavit hereinafter provided for is not of record.

If such delinquent shall, within the ninety days required by Section 2324 aforesaid, contribute to his coowner or co-owners his porportion of such expenditure, such co-owner or co-owners shall sign and deliver to the delinquent or delinquents a writing, stating that the delinquent or delinquents, by name, has, within the time required by Section 2324 of the Revised Statutes of the United States, contributed his share for the then year upon the said mine, by name, and further stating therein the district, county and territory where the same is situate, and the book and page where the location notice is recorded. Such writing shall be recorded in the office of the county recorder of said county.

If such co-owner or co-owners shall fail to sign and deliver such writing to the delinquent or delinquents, within twenty days after such contribution, the co-owner

or co-owners so failing as aforesaid shall be liable to a penalty of one hundred dollars, to be recovered by any person for the use of the delinquent or delinquents, in any court of competent jurisdiction. If such co-owner or coowners fail to deliver such writing within said twenty days, then the delinquent, with two disinterested persons having personal knowledge of such contribution, may make an affidavit, setting forth in what manner, the amount of, to whom and upon what mine such contribution was made. Such affidavit or a record thereof in the office of the county recorder of the county in which said mine is situate shall be prima facie evidence of such contribution.

In all actions, proceedings, judgments, grants, notices, conveyances or writings it shall be a sufficient description of a mining claim if it can be intelligently learned therefrom the name of the claim, the district, county and Territory where same is situate, and the book and page where the notice thereof is recorded.

VII. MANIPULATION OF ORES WITH INTENT TO

DEFRAUD:

Every person who shall mingle or cause to be mingled with any sample of gold or silver bearing ore any valuable metal or substance whatever that will increase or in any manner change the value of said ore, with the intent to deceive, cheat or defraud any person or persons, shall, on conviction thereof, be punished by a fine not less than five hundred nor more than one thousand dollars, or by confinement in the penitentiary for a term of not less than one nor more than ten years, or by both such fine and imprisonment.

VIII. DRAINAGE:

Whenever adjacent or contiguous mines, whether worked upon the same or separate lodes, have a common ingress or common drainage, they shall bear their proportionate share of such drainage expense to prevent the flowing of water upon neighboring mines. In case of failure to drain, whereby occupants of adjacent or contiguous mines are compelled to provide for water flowing in from firstmentioned mine, parties in default shall pay their proportion of actual and necessary cost of providing for said water, to be recovered by action. Common interests may unite in draining such mines, as a corporation, with all the rights, incidents and liabilities of a body corporate, so far as the same may be applicable. Failing to agree as above indicated, one or more of said parties, after reasonable notice to others interested, may drain, dividing and recovering by action the proportionate expense thereof. In an action to recover such expense, examination of the mines may be had before trial, under order of court, upon at least three days' notice; provided defendant has refused plaintiff or his agent the privilege to make said examination. These provisions do not apply to unopened or undeveloped mines.

IX. SALE BY PROBATE COURT:

Mines or interests therein belonging to estates of decedents may be sold by order of Probate Court having jurisdiction of the estate, upon petition by party in interest, and personal service on all persons interested in the estate of order to show cause, etc.

X. WATER RIGHTS:

The common-law doctrine of riparian rights is abolished. All rivers, creeks and streams of running water are public and applicable to the purposes of irrigation and mining. Rights in acequias, or irrigating canals, heretofore established, shall not be disturbed, nor the course of such acequias be changed without consent of the proprietors of such established rights. Right to irrigate shall be preferable to all others, and shall not be obstructed or impeded by the erection of any dam, mill, machinery, or by any sluice or dyke, except for mining purposes or reduction of metals as hereinafter provided. When reduction works or other mining apparatus shall be placed upon lands previously held for agricultural purposes, the holder thereof shall be entitled to a remuneration to be fixed by appraisement of damages.

I. ACKNOWLEDGMENTS:

Acknowledgments of deeds within the State may be taken before the Supreme Court, the Circuit Court, or either of the judges thereof, or the clerk of any court of record, or any justice of the peace or notary public. Anywhere else within the United States, or their territories, before any Federal, State or Territorial Court having a seal, or the clerk of any such court, notary public, mayor of any city or town, or chief officer of any city or town having a seal, or a commissioner appointed by the Governor of this State. Out of the United States, before any court having a seal, any mayor or chief officer of any city or town having a seal, or any officer of any foreign country, authorized by the laws of such country to take probate of conveyance of real estate of his own country, having an official seal, or before the clerk of any court of record of the Indian country, embracing the five civilized tribes.

II. ALIENS:

Aliens may own, devise, transmit, inherit, or in any way acquire or dispose of lands or other property. III. ASSIGNMENTS:

Assignments for the benefit of creditors may be made. with or without preference, with the exception that no preferences are allowed among creditors of insolvent corporations, except for wages and salaries of laborers and employes. Assignee must give bond in double the amount of property assigned, and must sell at auction within one hundred and twenty days, all the property assigned to him for the payment of debts. Proof of fraud on the part of the assignor is sufficient to invalidate the assignment, whether the assignee knew of it or not. IV.

ATTACHMENTS:

Plaintiff in civil action, arising on contract, may at or after commencement thereof have attachment against property of defendant where said defendant is non-resident of the State, or foreign corporation, or has been absent four months from the State, or has departed from it with intent to defraud his creditors, or has left the county of his residence to avoid service of a summons, or conceals himself so that a summons cannot be served upon him, or has transferred, sold, conveyed or removed his property out of the State with fraudulent intent, or is about to sell, remove or dispose of the same with such fraudulent intent, not leaving enough to pay all his debts. Under a writ of attachment debts due the defendant may be garnisheed. Plaintiff must give bond with sureties, conditioned to pay all damages defendant may sustain if the order of attachment is wrongfully obtained.

V. CLAIMS AGAINST ESTATES:

Claims not exhibited within two years after the grant of letters are barred. Claims in favor of the executor or administrator, against the estate of his testator or intestate, must be established by competent testimony in the Probate Court; and the executor or administrator must make the same affidavit to his claim which is required of other persons. Claims against estates are payable in the following order: 1. Funeral expenses. 2. Expenses of last sickness, wages of servants and demands for medicines and medical attendance during last illness. 3. Judgments rendered against deceased in his lifetime which are liens on his lands. 4. All other demands exhibited within one year after the grant of letters. 5. All such demands exhibited after the end of one year from the grant of letters, and within two years thereafter. All actions pending against deceased at the time of his death, and revived against his personal representative, are considered as legally exhibited against his estate from the time of such revival. All actions commenced against an executor or administrator are considered as demands legally exhibited against his estate from the time of service of process. Claims are exhibited by delivering to the executor or administrator a copy of the judgment, note, or other written contract, and exhibiting the original; or if the claim is on an account, an itemized account must be delivered. The claimant must append to his demand an affidavit that nothing has been paid or delivered toward the satisfaction of the demand except what is credited thereon, and that the sum of dollars above demanded is justly due. The affidavit may be made by anyone acquainted with the facts. If not made by the claimant, it must state that the affiant is acquainted with the facts sworn to. The administrator may allow the claim by indorsing his approval. If the claim is approved it shall be by the claimant returned into the Probate Court for allowance and classification. If rejected, the claimant must give the administrator ten days' notice of the presentation of the claim to the Probate Court for allowance. That court will hear and determine all such demands; and its concise entry of the allowance of a claim has the same force as a judgment.

VI. COURTS:

Circuit Courts with original jurisdiction over all civil cases exceeding one hundred dollars excluding interest, are held twice a year in each county. In Pulaski county, in which Little Rock is situated, suits may be commenced at any time, and if service is had twenty days before the term adjourns, defense must be filed, or judgment by default may be taken. Justices have original jurisdiction in matters of contract up to one hundred dollars, and concurrent up to three hundred dollars, excluding interest. Where there are two or more defendants, living in different counties, suit may be brought before a justice of the peace in the county in which any one of the defendants resides, and summons issued to the other counties for the other defendant or defendants. Courts of Common Pleas are authorized by the constitution, and are established in a few counties, with specially defined jurisdiction in matters of contract, etc., varying from five hundred to one thousand dollars.

The husband must join in conveyance of wife's lands, acquired before October 13th, 1874. In case of lands acquired since that date, the wife may convey as a single person, or in the statutory form for conveyances by married women. Wife must join with husband in deed of his lands or her dower does not pass-and the certificate of acknowledgment must show that the wife acknowledged her relinquishment of dower. Deeds and mortgages are not required to be filed for record within any specified time. Mortgages are not liens until filed for record. IX. DEPOSITIONS:

Depositions may be used on the trial of all issues in any action where the witness does not reside in the