DISTRIBUTION OF INTESTATE'S PERSONAL ESTATE-Continued. (f) In Alabama, if there is but one child, the widow takes one-half and the child onehalf; if there are more than one child and less than five children, the widow takes the same share as each of the children; if there are five or more children, the widow takes one-fifth and the children or their descendants share equally in the residue. (g) In Georgia, if there are less than five children, the widow takes the same share as each of the children; if there are five or more children, the widow takes one-fifth and the children or their descendants share equally in the residue. In Nebraska if widow is not the parent of all the children of the deceased and there be more than one child, widow takes one-fourth and children the residue. If widow is parent of all children of the deceased, she takes one-half if there be but one child and the child the residue; if there be more than one child the widow takes one-third and the children the residue. (h) In New Mexico, the widow takes one-half of the estate acquired during marriage, otherwise than by gift (by purchase, for example) and the children or their descendants share equally in the residue; the widow also takes one-fourth of the estate acquired before marriage, or by gift or legacy during marriage, the children or their descendants taking the residue. IV. (a) When the deceased leaves no widow, children or descendants, the parents take the entire estate in equal shares in the following States: Alabama, Arizona, California, Colorado. Connecticut, Idaho, Iowa, Kansas, Kentucky, Maine. Massachusetts, Michigan, Minnesota, Montana, Nebraska. New Hampshire, Oklahoma. Pennsylvania, Texas, Utah, Vermont, Washington, Wisconsin and Wyoming. In all of the States just mentioned, except Alabama, Arizona, Maine, and Texas, if one parent is dead, the surviving parent takes the entire estate, to the exclusion of brothers and sisters. In Alabama, Arizona, Maine, and Texas the surviving parent takes one-half and the brothers and sisters, or their descendants, take the residue. In all of them, if both parents are dead, the brothers and sisters and their descendants take the entire estate. (b) In the following States the father, if living, takes the entire estate; if the father is dead, then to the mother and brothers and sisters, or their descendants equally; and if both parents are dead, then to the brothers and sisters, or their descendants: Florida, New York, North Carolina, Oregon, Rhode Island, South Dakota, Tennessee, Virginia and West Virginia. (c) In the following States the father, if living. takes the entire estate; if the father is dead, then to the mother; and if both parents are dead, then to the brothers and sisters or their descendants: Arkansas, District of Columbia, Nevada and North Dakota. (d) In the following States the parents, if living, and the brothers and sisters, or their descendants, take the entire estate, sharing equally. Georgia, Illinois, Mississippi, Missouri, New Jersey and South Carolina. (e) In Delaware, Ohio and Maryland (where the property did not descend to intestate from either parent), the brothers and sisters, or their descendants. take the entire estate in preference to the parents, who only inherit if there are no brothers or sisters or lawful issue of any deceased brothers or sisters. DISTRIBUTION OF FEMALE'S ESTATE. In the following States, if the deceased was a married woman, the rights of her surviving husband in her personal estate differ from the rights of a widow in the estate of her deceased husband as shown in the above synopsis. (a) In Delaware, District of Columbia, North Carolina, Rhode Island, and Virginia the husband takes the entire personal estate, whether there is any issue of the marriage or not. (b) In New York, if there are no children or descendants of children, the husband takes the entire estate. (c) In Florida, Georgia, and Pennsylvania, if there are no children or descendants, the husband takes the entire estate; if there are children, the husband takes the same share as each child. (d) In Ohio the husband takes the entire estate if there are no children or descendants; if there are children or descendants, they take the entire estate. (e) In Alabama the husband takes one-half of the estate, the children, or descendants, taking the residue. (f) In North Carolina, where surviving husband is not also the father of all the children of decedent. if there be one child the husband takes one-half and the child one-half; if there be more than one child, husband takes child's share. LAW EXAMINATIONS IN NEW YORK STATE. To entitle an applicant to an examination as an attorney and counsellor he shall pay to the examiners a fee of $15, and he must prove (15 days in advance) to the satisfaction of the State Board of Law Examiners: 1. That he is a citizen of the State, twenty-one years of age, and that his residence for six months prior to the examination is actual and not constructive, which proof must be made by his own affidavit. 2. That he has studied law in the manner and according to the conditions prescribed for a period of four years, except that if the applicant is a graduate of any college or university his period of study may be three years instead of four, and except also that persons who have been admitted as attorneys in the highest court of original jurisdiction of another State or country, and have remained therein as practising attorneys for at least three years, may be admitted to such examination after a period of law study of one year within this State, 3. That the applicant, if not a college graduate, has passed the regents' examination or its equivalent must be proved by the production of a certified copy of the regents' certificate filed in the office of the Clerk of the Court of Appeals. Address communications concerning law examinations to F. M. Danaher, Secretary, Albany, N. Y. ACKNOWLEDGMENT OF DEEDS. AN ACKNOWLEDGMENT is the act of declaring the execution of an instrument before an officer authorized to certify to such declaration. The officer certifies to the fact of such declaration, and to his knowledge of the person so declaring. Conveyances or deeds of land to be entitled to be recorded must first be acknowledged before a proper officer. Most of the States have forms of acknowledg ments, which should be followed. Acknowledgments may be taken in general by Notaries Public, Justices of the Peace, Judges or Clerks of Courts of the higher grades, Registers, Masters in Chancery, Court Commissioners, Town Clerks, Mayor and Clerks of incorporated cities, within their respective jurisdictions. The requisites to a valid deed are the same in general as other contracts, but the appointment of an attorney to execute a deed for another person must in general be executed with the saine formalities requisite to the deed itself. SEALS or their equivalent (or whatever is intended as such) are necessary in Alaska, Connectient, Delaware, District of Columbia, Florida, Idaho, Illinois, Maine, Maryland, Massachusetts, Meni gan, Minesota, Missouri, New Hampshire, New Jersey, New York, North Carolina, Oregon, Pennsylvania, South Carolina, Vermont, Virginia, West Virginia, Wisconsin, Wyoming. In almost all the States deeds by corporations must be under seal. FORMS are prescribed or indicated by the statutes of most of the States except Connecticut. Florida, Louisiana. SEPARATE, ACKNOWLEDGMENT by wife is required in Alaska, Arkansas, Delaware, District of Columbia, Florida, Georgia, Idaho, Kentucky, Louisiana, Montana, Nevada, New Jersey, North Carolina, Oregon, Pennsylvania, South Carolina, Tennessee, Texas. ONE WITNESS to the execution of deeds is required in District of Columbia, Mainé (customary), Maryland, Nebraska, New Jersey (usual), Oklahoma, Utah, Wyoming. Two WITNESSES to the execution of deeds are required in Arkansas, Connecticut, Florida, Georgia, Louisiana, Michigan, Minnesota, New Hampshire, Ohio, Oregon, South Carolina, Texas, Vermont, Wisconsin. PROMISSORY NOTES AND CHECKS. Negotiable instruments, the common forms of which are promissory notes, checks, or other bills of exchange, while having the same general requisites as other contracts, have certain distinct features. The purpose of the law is to facilitate as much as possible their free passing from hand to hand like currency. The assignment of an ordinary contract leaves the assignee in no different position for enforcing his rights than that of his assignor, but one who takes a negotiable instrument from a prior holder, without knowledge of any defences to it, before its maturity, and gives value for it, holds it free of any defences which might have been set up against his predecessors, except those defects that were inherent in the instrument itself. To be negotiable an instrument must be in writing and signed by the maker (of a note) or drawer (of a billor check). It must contain an unconditional promise or order to pay a sum certain in money. Must be payable to order or to bearer. In a bill of exenange (check) the party directed to pay must be reasonably certain. Every negotiable instrument is presumed to have been issued for a valuable consideration, and want of consideration in the creation of the instrument is not a defence against a bona-fide holder. An instrument is negotiated, that is completely transferred, so as to vest title in the purchaser, if payable to bearer, or indorsed simply with the name of the last holder, by mere delivery, if payable to order by the indorsement of the party to whom it is payable and delivery, One who transfers an instrument by indorsement warrants to every subsequent holder that the instrument is genuine, that he has title to it, and that if not paid by the party primarily liable at ma turity, he will pay it upon receiving due notice of non-payment. To hold an indorser liable the holder upon its non-payment at maturity must give prompt notice of such non-payment to the indorser and that the holder looks to the indorser for payment. Such notice should be sent within twenty-four hours. When an indorser is thus compelled to pay he may hold prior parties through whom he received the instrument liable to him by sending them prompt notice of non-payment upon receiv ing such notice from the holder. One who transfers a negotiable instrument by delivery, without indorsing it, simply warrants that the instrument is genuine, that he has title to it, and knows of no defence to it, but does not agree to pay it if unpaid at maturity. The maker of a note is liable to pay it if unpaid at maturity without any notice from the holder or indorser. Notice to one of several partners is sufficient notice to all. When a check is certified by a bank the bank becomes primarily liable to pay it without notice of its non-payinent, and when the holder of a check thus obtains its certification by the bank, the drawer of the check and previous indorsers are released from liability, and the holder looks to the bank for payment. A bona-fide holder of a negotiable instrument, that is, a party who takes an instrument regular on its face, before its maturity, pays value for it and has no knowledge of any defences to it, is entitled to hold the party primarily liable responsible for its payment, despite any defences he may have against the party to whom he gave it, except such as rendered the instrument void in its incep tion. Thus, if the maker of a note received no value for it, or was induced to issue it through fraud or imposition, they do not defeat the right of a bona-fide holder to compel its payment from him. The following States have enacted a similar Negotiable Instrument law: Alabama, Arizona, Colorado, Connecticut, Dist. of Columbia, Florida, Idaho, Iowa, Kansas, Kentucky, Louisiana, Maryland, Nebraska, Nevada, New Hampshire, New Jersey. New York, North Carolina, North Dakota, Oregon, Pennsylvania, Rhode Island, Tennessee, Utah, Virginia, Washington and Wis consin-and the same general rules apply in all the States. LAW OF CONTRACTS. A contract is an agreement of two or more parties, by which reciprocal rights and obligations are created. One party acquires a right, enforceable at law, to some act or forbearance from the other, who is under a corresponding obligation to thus act or forbear. Generally speaking, all contracts which are made between two competent parties, for a proper consideration, without fraud and for a lawful purpose, are enforceable at law. To the creation of a valid contract there must be: 1. Precise agreement. The offer of one party must be met by an acceptance by the other, according to the terms offered. 2. There must be a consideration. Something of value must either be received by one party or given up by the other. 3. The parties must have capacity to contract. The contracts of insane persons are not binding upon them. Married women are now generally permitted to contract as though single, and bind their separate property. The contracts of an infant are generally not binding upon him, unless ratified after attaining his majority. The contracts of an infant for necessaries" may be enforced against him to the extent of the reasonable value of the goods furnished. It is incumbent upon one seeking thus to hold an infant to show that the goods furnished were in fact necessary to the infant, and that he was not already supplied by his parents or guardians. 4. The party's consent must not be the result of fraud or imposition, or it may be avoided by the party imposed upon. 5. The purpose of the parties must be lawful. Agreements to defraud others, to violate statutes, or whose aim is against public policy, such as to create monopolies, or for the corrupt procurement of legislative or official action, ar void, and cannot be enforced by any party thereto. Contracts in general are equally valid, whether made orally or in writing, with the exception of certain classes of contracts, which in most of the States are required to be attested by a note or memorandum in writing, signed by the party or his agent sought to be held liable. Some of the provisions, which are adopted from the old English Statute of Frauds, vary in some States, but the following contracts very generally are required to be thus attested by some writing: Contracts by their terms not to be performed within a year from the making thereof. A promise to answer for the debt, default, or miscarriage of another person. Promise of an executor, or administrator, to pay debts of deceased out of his own property. Contracts for the creation of any interest or estate in land, with the exception of leases for a short term, generally one year. Contracts for the sale of goods above a certain value, unless a portion of the price is paid or part of the goods delivered. The required value of the goods sold varies in different States from $30 to $200. In a number of the States no such provision exists. In many of the States declarations or conveyances of trust estates. In many States representations as to the character, credit, or responsibility of another person. Partial performance of the contract is generally held to dispense with the necessity for a writing. If the damages liable to result from the breaking of a contract are uncertain the parties may agree upon a sum to which either may be entitled as compensation for a breach, which will be upheld by the courts, but if the sum so fixed is not designed as a fair compensation to the party injured, but as a penalty to be inflicted, it will be disregarded. A party is generally excused for the failure to perform what he has agreed only by the act of God or the public enemy. Except in cases involving a personal element in the work to be performed, such as the rendition of services, when the death or sickness of the party contracting to perform them is a valid excuse, or contracts for the performance of work upon a specified object, when its destruction without the fault of the party sought to be held liable is a sufficient excuse. ARREST IN CIVIL ACTION. WHILE imprisonment for debt as it formerly existed in English and American law, by which a debtor might be arrested and imprisoned for mere inability to pay his creditor, no longer exists in the United States, the statutes of the majority of the States provide for the arrest of a defendant in a civil action under varying conditions. A large number of States determine the right of arrest by the character of the claim on which suit is brought, allowing in it actions for fraud or the injuries known in the law as "torts," such as an injury to the person or property, conversion or embezzlement, libel, slander, or the like. In the following States o civil arrest is allowed-Arizona, District of Columbia, Florida, Maryland, Minnesota, Mississippi, Missouri, Nebraska, New Mexico, Tennessee, and Texas. In the following States the right to arrest depends upon the nature of claim in suit: In actions for fraud or torts, Connecticut; for fraud, libel, slander, or violent injury to person or property, Delaware for fraud only, Iowa and Kansas; only after verdict of jury, finding malice, fraud, or wilful deceit, Colorado; for torts, breach of promise to marry, misconduct or embezzlement in office or professional capacity, Michigan, Pennsylvania, and New York (also for fine or penalty or to recover property concealed from Sheriff). In the following States arrest is only allowed against a defendant about to remove from State or about to conceal, transfer, or remove his property to avoid plaintiff's claim or defraud creditors, irrespective of the nature of the claim: Indiana, Kentucky, Louisiana, New Hampshire, Utah, Virginia. In the following States arrest is allowed in contract actions where the defendant is about to depart from the State, or conceal or remove his property, and also in actions for fraud or torts of various kinds, though the provisions are not identical: Arkansas (fraud only), California, Idaho, Illinois, Maine, Massachusetts, Montana, Nevada, New Jersey, North Carolina, North Dakota, Oregon, South Carolina, South Dakota, Vermont, Washington, West Virginia (fraud only), Wisconsin. In Georgia arrest only allowed against attorneys, Sheriffs or other officers of the court for failure to pay over money collected and in certain circumstances against defendant who conceals property from Sheriff. The drawer of a check, which on presentation to the bank payment is refused, is guilty of a misdemeanor. Criminal prosecution cannot be instituted, however, until after an expiration of thirty days, and not then if the drawer makes good the invalid check. In Wyoming (only after judgment) in actions for fraud, or money lost at gambling, or where defendant has removed or concealed property to avoid judgment. In Rhode Island, allowed in all actions except to recover debt or taxes. In Ohio, when an affidavit is filed showing: About to remove property to defraud creditors, convert property into money for same purpose, conceal property or rights in action fraudulently, assigned or disposed of property with intent to defraud creditors. Fraudulently contracted the debt, or incurred the obligation. Money or property sought to be recovered was in gambling on a bet or wager. MARRIAGE AND DIVORCE LAWS. Marriage Licenses.-Required in all the States and Territories except Alaska. California, and New Mexico require both parties to appear and be examined under oath, or submit affidavit. Marriage, Prohibition of.-Marriages between whites and persons of negro descent are prohibited and punishable in Alabama, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Nebraska, North Carolina, Oklahoma, Oregon, South Carolina, Tennessee, Texas, Utah, Virginia, and West Virginia, Marriages between whites and Indians are void in Arizona, North Carolina, Oregon, and South Carolina; and between whites and Chinese in Arizona, California, Mississippi, Oregon, and Utah. Marriage between first cousins is forbidden in Alaska, Arizona, Arkansas, Illinois, Indiana, Kansas, Missouri, Nevada, New Hampshire, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Washington, and Wyoming, and in some of them is declared incestuous and void, and marriage with step-relatives is forbidden in all the States except Florida, Hawaiian Islands, Iowa, Kentucky, Minnesota, New York, Tennessee, Wisconsin. Connecticut and Minnesota prohibit the marriage of an epileptic, imbecile, or feeble-minded woman under 45 years of age, or cohabitation by any male of this description with a woman under 45 years of age, and marriage of lunatics is vold in the District of Columbia, Kentucky, Maine, Massachusetts, Nebraska; persons having sexual diseases in Michigan. California prohibits divorced persons from marrying anywhere within a year by granting only an interlocutory decree at first and final decree one year later. For age of consent see end of this table, second page following this. STATES. Alabama. Residence Required. 1-3 yrs. Alaska Arkansas..... 1 year. California.... 1 year. Colorado...... 1 year. Connecticut..3 years. Causes for Absolute Divorce. In addition to adultery, which is cause for divorce in all the States.* Abandonment two years, crime against nature, habitual drunkenness, violence, pregnancy of wife by other than husband at marriage, physical incapacity, imprisonment for two years for felony, if husband becomes addicted to cocaine, morphine or similar drugs, Felony,physical incapacity,desertion two years,cruelty,habitual drunkenness, Felony, physical incapacity, desertion one year, excesses, cruelty, neglect to provide one year, pregnancy of wife by other than husband at marriage, conviction of felony prior to marriage unknown to other party, habitual drunkenness. Desertion one year, felony, habitual drunkenness one year, cruelty, former Cruelty, desertion one year, neglect one year, habitual drunkenness one Delaware.... 2 years. Desertion two years, habitual drunkenness for two years, cruelty, bigamy, felony followed by a continuous imprisonment for at least two years-aud at the discretion of the Court, fraud, want of age, neglect to provide three D.of Columbia 3 years, Georgia....... 1 year. Hawaii....... 2 years. 6 mos. Illinois......... 1 year. Indiana....... 2 years. years. Marriages may be annulled for former existing marriage, lunacy, fraud, Cruelty, desertion one year, neglect one year, habitual drunkenness one year, felony, insanity. Desertion two years, habitual drunkenness two years, former existing marriage, cruelty, felony, physical incapacity, attempt on life of other party, divorced party cannot marry for one year, Abandonment two years, cruelty, habitual drunkenness, failure to provide two years, felony, physical incapacity, Desertion two years, felony, habitual drunkenness, cruelty, pregnancy of wife by other than husband at marriage, unless husband has illegitimate child or children living of which wife did not know at time of marriage. The marriage may be annulled for the following causes existing at the time of the marriage: Insanity physical incapacity, former existing marriage, consanguinity. Kansas.... 1 year. Abandonment one year, cruelty, fraud, habitual drunkenness, gross neglect of duty, felony, physical incapacity, pregnancy of wife by other than husband at marriage, former existing marriage, Kentucky.... 1 year. Separation five years, desertion one year, felony, physical incapacity, loathsome disease, habitual drunkenness one year, cruelty, force, fraud or duress in obtaining marriage, joining religious sect believing marriage unlawful, pregnancy of wife by other than husband at marriage or subsequent unchaste behavior, ungovernable temper. Louisiana..... Felony, habitual drunkenness, excesses, cruelty, public defamation of other party, abandonment, attempt on life of other party, fugitive from justice. Maine........ 1 year. Cruelty, desertion three years, physical incapacity, habits of intoxication by liquors, opium, or other drugs, neglect to provide, insanity under certain limitations. Maryland 2 years. Abandonment three years, unchastity of wife before marriage, physical incapacity, any cause which renders the marriage null and void ab initio, Exclusive of South Carolina, which has no divorce law. § Not required for offence within State. STATES. Residence MARRIAGE AND DIVORCE LAWS-Continued. Causes for Absolute Divorce. In addition to adultery, which is cause for divorce in all the States. Mass'chusetts 3-5 yrs. Cruelty, desertion three years, habits of intoxication by liquors,opium or other Michigan. 1 year. Minnesota.... 1 year. Mississippi.... 1 year. drugs, neglect to provide, physical incapacity, imprisonment for felony, uniting for three years with religious sect believing marriage unlawful. Felony, desertion two years, habitual drunkenness, physical incapacity, and in the discretion of the Court for cruelty or neglect to provide. Desertion one year, habitual drunkenness one year, cruelty, physical incapacity, imprisonment for felony. Felony, desertion two years, consanguinity, physical incapacity, habitual drunkenness by liquor, opium, or other drugs, cruelty, insanity at time of marriage, former existing marriage, pregnancy of wife by other than husband at marriage. Missouri...... 1 year. Felony, absence one year, habitual drunkenness one year, cruelty, indig nities, vagrancy, former existing marriage, physical incapacity, conviction of felony prior to marriage unknown to other party, wife pregnant by other than husband at marriage. Montana...... 1 year. Cruelty, desertion, neglect one year, habitual drunkenness one year, felony, innocent party may not remarry within two years and guilty party within three years of the divorce. Nebraska..... 1 year. † Nevada....... 1 year. § Abandonment two years, habitual drunkenness, physical incapacity, felony, New Jersey.. 2 years. Desertion two years, cruelty. No divorce may be obtained on grounds New Mexico. 1 year. New York.... (4) N. Carolina... 2 years. arising in another State unless they constituted ground for divorce in the State where they arose. The marriage may be annulled for the following causes existing at the time of the marriage: Want of legal age, former existing marriage, consanguinity, physical incapacity, idiocy. Abandonment, cruelty, neglect to provide, habitual drunkenness, felony, physical incapacity, pregnancy of wife by other than husband at marriage. Adultery only. The marriage may be annulled for such causes as rendered the relationship void at its inception. Pregnancy of wife by other than husband at marriage, physical incapacity, husband and wife living apart for ten years and having no issue. Cruelty, desertion one year, neglect one year, habitual drunkenness one year, felony. The marriage may be annulled for the following causes existing at the time of the marriage: Former existing marriage, insanity, physical incapacity, force or fraud inducing the marriage, or want of age. Ohio........... 1 year. Absence three years, cruelty, fraud, gross neglect of duty, habitual drunken ness three years, felony, former existing marriage; procurement of divorce without the State by one party, which continues inarriage binding upon other party; physical incapacity. Oklahoma.... 1 year. Abandonment one year, cruelty, fraud, habitual drunkenness, felony, gross Oregon................ neglect of duty, physical incapacity, former existing marriage, pregnancy Felony, habitual drunkenness one year, physical incapacity, desertion one Rhode Island. 2 years, Cruelty, desertion five years, habitual drunkenness, excessive use of morphine, opium, or chloral, neglect to provide one year, gross misbehavior, living separate ten years, physical incapacity. Either party civilly dead for crime or prolonged absence. The marriage may be annulled for causes rendering the relationship originally void or voidable. S. Carolina.... No divorces granted. South Dakota 1 year. Cruelty, desertion one year, neglect one year, habitual drunkenness one year, felony. The marriage may be annulled for the following causes existIng at the time of the marriage: Want of age, former existing marriage, insanity, physical incapacity, force or fraud inducing marriage. Texas 6 mos. 1 year. Tennessee.... 2 years. Former existing marriage, desertion two years, felony, physical incapacity, attempt on life of other party, refusal of wife to live with husband in the State and absenting herself two years, pregnancy of wife by other than husband at marriage; at the discretion of the Court for cruelty, indignities, abandonment, or neglect to provide, habitual drunkenness. Abandonment three years, physical incapacity, cruelty, excess, or outrages rendering life together insupportable, felony, Desertion one year, physical incapacity, habitual drunkenness, felony, cruelty, permanent insanity. Vermont.... 1 year. Imprisonment three years, intolerable severity, desertion three years, neglect to provide, absence seven years without being heard from. Virginia Insanity at marriage, felony, desertion three years, fugitive from justice two years, pregnancy of wife by other than husband at marriage, wife a prostitute, or either party convicted of felony before marriage unknown to other, physical incapacity. Utah........ 1 year. • Exclusive of South Carolina, which has no divorce law. Two years for carees arising out of State. 1 Actual residence. § Unless both parties reside in the State at time cause of divorce accrues. |