Mode of Collecting Debts.

the plaintiff recovers judgment, execution will be granted against the real estate attached as aforesaid. And in all cases where execution is issued on any judgment where real estate was not attached on the original writ, if no personal estate can be found, nor the debtor's body, the party obtaining judgment may cause execution to be levied on real estate.

When judgment will be entered: time within which judgment may be obtained in cases where there is no controversy.—Every judgment will be entered as of the last day of the term in which it is rendered, unless otherwise ordered by the court.

In a defaulted action, where service is made on the person, judgment may be obtained at the term when such action is entered.

Arrest-when permitted.-The body of any male debtor may be arrested on mesne process or execution, in any civil action for debt.

Writs against females-how issued and served.-Every original writ issued against a female, founded on a contract not under seal, must be a writ of summons, and not a writ of arrest. No execution will issue against the body of any female, on any judgment founded on a contract not under seal, where the debt or damages recovered do not exceed the sum of fifty dollars. In such cases, executions will issue against the goods, chattels, and real estate of the defendants. (a)

Execution issued in a suit commenced by attachment—when to be levied on property attached.—When a writ has been served by attachment of real or personal estate, and judgment is for the plaintiff, the execution issued thereon must be levied on the property so attached, as soon as may be; and if the same be not so levied before the return day thereof, the property attached will be discharged. (b)

Executions, when to be issued, and when returned.-Executions will not be issued from the Supreme Court or Court of Common Pleas till the expiration of five days next after the rising of the court at which such judgment is rendered; and every execution issued from either of said courts will be made returnable to the next succeeding term thereof, and must be returned within (a) R. S. 124. (b) R. S. 114.

Courts.

five days from the day appointed for the sitting of the court from which it issued.

Executions, original or alias, may be issued at any time within six years from the rendition of the judgment originally, or from the return day of the last execution. (a)

12. Courts.

The judicial power is vested in a Supreme Court, and a Court of Common Pleas for each of the five counties in the state. These courts have a general and almost concurrent civil jurisdiction. The former is held once, the latter are held twice a year in each county.

(a) R. S. 138, 140.

6. LAWS OF INSOLVENCY.

7. LIMITATION OF PERSONAL ACTIONS.

8. EFFECT OF MARRIAGE UPON RIGHTS OF PROPERTY.

9. EFFECT OF DEATH ON THE RIGHTS OF CREDITORS.

10. MODE OF COLLECTING DEBTS.

11. COURTS.

1. Assurances and Evidences of Debt.

Book accounts. In all actions of debt on book, tried on the general issue, the evidence of the parties, and of any other persons interested, taken in or out of court, in the manner and form required in other cases, may be admitted by the court. (a)

When the defendant in any action of debt on book has made any plea under which it is lawful to give in evidence any book account in favor of the defendant against the plaintiff, the court may on motion of the plaintiff, order that oyer be given to the plaintiff of the book of the defendant, forthwith, or at such time as the court may prescribe. (b)

In actions of debt on book, where the account is alleged to be over seventeen dollars, the court may appoint not more than three persons to audit and adjust the accounts between the parties, on whose award judgment will be rendered. (c)

(a) R. S. title 10. 10 Conn. R. 179. (b) 1 Root's R. 273. 6 Conn. R. 14.

2 Root's R. 59, 130, 188.

(c) 8 Conn. R. 500. 3 Day's R. 300.

Rate of Damages on Protested Bills.

What notes negotiable.-All promissory notes, duly executed, to the amount of thirty-five dollars, or more, for the payment of money only, made payable to any person or persons, on his, her, or their order, or to the bearer, are assignable, according to the custom of merchants and the law relating to inland bills of exchange; nothing herein contained to vary the jurisdiction of the court in relation to the maker of such note, nor to authorize any person or persons to issue bills of credit to be used as a general currency or medium of trade, in lieu of money. (a)

2. Rate of Damages on Protested Bills.

When any bill of exchange, hereafter to be drawn or nego tiated within this state, on any person or persons of or in any state, territory, or district of the United States, is returned unpaid, having been duly protested for non-payment in the manner usual in cases of foreign bills of exchange, the person or persons to whom the same is or may be payable will be entitled to recover of the drawer or drawers, or the indorser or indorsers of such bill of exchange the damages hereafter specified, besides the principal sum for which said bill was drawn, with lawful interest on the aggregate amount of such principal sum and damages, from the time at which notice of protest was given and the payment of said principal sum and damages was demanded, to wit: if such bill was drawn on any person or persons of or in the city of New-York, two per cent. on the principal sum specified in such bill; if upon any person or persons of or in the states of New Hampshire, Vermont, Maine, Massachusetts, Rhode Island, New-York (excepting the city of New-York), New Jersey, Pennsylvania, Delaware, Maryland, or Virginia, or of or in the District of Columbia, three per cent. upon such principal sum; if upon any person or persons of or in the states of North Carolina, South Carolina, Ohio, or Georgia, five per cent. upon such principal sum; or if upon any person or persons of or in any other state, territory, or district of the United States, eight per cent. upon such principal sum; such damages, so to be recovered and received, to be in lieu of interest and all other charges, to the

(a) R. S. title 72.

The Law of Usury.

time at which the notice of such protest and demand of payment was made and given as aforesaid; and the amount of such bill and the damages payable thereon, as above specified, will be ascertained and determined without any reference to the rate of exchange existing at the time of such notice and demand of payment. (a)

3. The Law of Usury.

What is lawful interest.-Lawful interest in this state is six per cent.

Usurious contracts void.-All bonds, contracts, mortgages, and assurance whatever, made for the payment of any principal or money lent, or covenanted to be lent upon or for usury, whereby more than lawful interest is reserved or taken, will be utterly void. (b)

Penalty for taking usury.-Any person taking usury in any form will forfeit the money or other property lent, bargained, sold, or agreed for in the usurious bargain or agreement, onehalf to the prosecutor and the other half to the treasury of the state. (c)

In an action on any contract, if the defendant inform the court that such contract was made on a usurious consideration, the court, as a court of equity, may examine the parties, and receive any other proper testimony thereon. If plaintiff refuses to be thus examined, he will become nonsuit, and defendant will recover costs.

And if the court find that the contract was given on usurious consideration, they will adjust the same in equity, and give judgment for the plaintiff to recover no more than the value of the goods or the principal sum of money which the defendant received, without interest or any advance on the same. (d)

(a) R. S. title 72.

(b) R. S. title 115. 5 Conn. R. 156. 3 Day's R. 68, 268, 356. 1 Root's R. 294. (c) 4 Day's R. 37, 114. 2 Conn. R. 345.

(d) 5 Conn. R. 183. 8 Ib. 35. 1 Root's R. 115, 129, 137, 255, 267, 367.