Mode of Collecting Debts.

Proceedings on trial of suits against trustees, judgment, execution, &c.-Such attorney, agent, factor, trustee, or debtor, may defend his principal in such suit. If defendant be not in the state, and do not appear by himself or attorney, and said attorney, agent, &c., do not appear to defend, the court may continue the action one or two terms.

If the plaintiff obtain execution, the officer serving the same will make demand of the amount due thereon from the trustee and principal defendant, and if the trustee do not expose the effects in his hands, and the debtor do not pay the debt, a writ of scire facias may be brought against said trustee. If, on trial, it appear that he has in his hands effects of said debtor, or is indebted to him, or if he is defaulted, or refuses to disclose on oath, execution will issue against him, to be paid out of his own goods or estate, with lawful costs; unless it appear on the trial that the effects are of less value and the debt of less amount than the judgment recovered against such absent or absconding debtor, in which judgment will be rendered to the value of the goods or the amount of the debt. (a)

When demand must be made of trustee; limitation of scire facias.-Effects or debts of an absent or absconding debtor will not be holden or secured in the hands of his attorney, agent, factor, trustee, or debtor, by virtue of any judgment rendered against the debtor, unless demanded of them within sixty days after the rendition of the judgment. And no writ of scire facias may be maintained against such attorney, agent, &c., unless the same be brought within one year next after the right of taking out or bringing the same shall have accrued. (b)

Debtors discharged from imprisonment, &c., to be deemed absconding debtors.-Whenever the person of any debtor shall be discharged from imprisonment or shall not be liable thereto, at the suit of any of his or her creditors, he or she shall, as to such creditor or creditors, be deemed an absconding debtor, within the meaning of this act, and may be proceeded against as such.

No debt less than ten dollars, for personal labor or services, to be subject to foreign attachment.-No debt under ten dollars

(a) 8 Conn. R. 111. Kirby's R. 157, 421, 376. 1 Root's R. 138, 507, 295, 557, 276, 548, 473, 550. (b) 1 Root's R. 324.

Mode of Collecting Debts.

which shall have accrued by reason of the personal labor or services of the person to whom the same may be due, may be taken or holden by virtue of any foreign attachment instituted against such person under this act.

Process in civil actions.-The process in civil actions is by summons, or attachment against the goods and chattels of the defendant, and for want thereof, against his lands, or in some cases against his person. (a)

A

Imprisonment.-No person can be arrested upon any process, mesne or final, in an action founded simply upon contract. party may be arrested on the ground of fraud, fraudulent obtaining of credit, fraudulent removing, concealing, or conveying of property. Every prisoner, upon giving bond, may obtain the liberties of the jail.

No female can be imprisoned for any debt incurred since

1826.

Time within which judgment may be obtained where there is no controversy. In an action where there is no appearance for the defendant, judgment may be obtained at the close of the term when said action is entered.

When estate attached must be levied on by execution.-No estate attached on mesne process will be held to respond the judgment obtained by the plaintiff at whose suit the same is attached, either against the debtor, or any other creditor, unless said judgment creditor take out execution on such judgment, and have the same levied on goods or personal estate, within sixty days after final judgment, or on real estate, and have the same appraised and recorded within four months after such judgment has been obtained; or if said goods or estate are encumbered by any prior attachment, the execution to be levied as aforesaid within the respective terms aforesaid, after such incumbrance is removed.

Executions will be granted against what; and when they may be levied on the body.-Executions will be granted against the goods, chattels, lands, and in some cases the body of the debtor.

(a) R. S. title 2.

Courts.

By act of 1847, homesteads not exceeding in value three hundred dollars, with the necessary repairs and additions, though above that sum, are exempt from execution. There are also exempted various minor articles.

Liability of sheriff neglecting or refusing to pay over moneys collected. Any sheriff neglecting or refusing to pay over moneys collected on execution, after the same have been duly demanded of him, will be liable to the party entitled to the same in the sum of two per cent. per month from the time of such demand till payment is made. (a)

NEW-YORK.

1. BILLS OF Exchange AND PROMISSORY NOTES.

2. INTEREST.

3. FRAUDS.

4. PRINCIPALS, FACTORS, AND AGENTS.

5. EFFECT OF MARRIAGE UPON RIGHTS OF PROPERTY.

6. LIMITATION OF PERSONAL ACTIONS.

7. LIMITED PARTNERSHIPS.

8. EFFECT OF DEATH UPON THE RIGHTS OF CREDITORS.

9. ATTACHMENTS.

10. INSOLVENT LAWS.

11. PROCEEDINGS IN CIVIL ACTIONS.

12. COURTS.

1. Bills of Exchange and Promissory Notes.

Negotiability of and action on.—Promissory notes for the payment of money to any person or order or to bearer, are negotiable in the same manner as inland bills of exchange by the custom of merchants; and this, whether executed by natural or artificial persons. The payees, endorsees, and holders of the same may maintain actions thereon, in like manner as on inland bills of exchange. A promissory note payable to the order of the maker, or of a fictitious person shall have the same validity, if negotiated, as against the maker and all persons having knowledge of the facts, as if payable to bearer.

Acceptance.-No person in this state can be charged as the acceptor of a bill of exchange, unless the acceptance is in writing. If the acceptance is written on a paper other than the bill, it will only bind the acceptor in favor of a person to whom the acceptance has been shown, and who on the faith thereof has received the bill for a valuable consideration. Where a written acceptance

Interest.

is refused, the holder may protest the bill for non acceptance. An unconditional promise in writing to accept a bill before it is drawn, is deemed an actual acceptance in favor of every person who upon the faith thereof has received the bill for a valuable consideration.

Rate of damages upon protested bills.-The following rate of damages is allowed upon bills of exchange drawn or negotiated within the state which have been protested for non-payment: three per cent. on bills drawn upon any person at a place in either of the states of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New Jersey, Pennsylvania, Ohio, Delaware, Maryland, Virginia, or the District of Columbia: five per cent. on bills drawn upon any person at any place in North or South Carolina, Georgia, Kentucky, or Tennessee: ten per cent. on bills drawn upon any person at any place in any other state or territory of the United States, or at any other place on or adjacent to this continent and north of the equator, or in any British or other foreign possessions in the West Indies, or elsewhere in the western Atlantic ocean: ten per cent. on bills drawn upon any person in any place or port in Europe. The damages are in lieu of interest, charges of protest and all other charges incurred previous to giving notice of non-payment; but from such time the holder of the bill may recover lawful interest upon the aggregate amount of principal and damages. Where the contents of the bill are expressed in the money of account of the United States, the amount of the principal sum and damages is to be determined without any reference to the rate of exchange between the place at which and on which the bill is drawn ; but where the contents of the bill are payable in foreign currency, the amount due is to be ascertained by the rate of exchange, or the value of the foreign currency at the time of the demand of payment. The same rate of damages is allowed on the protest of bills for non-acceptance : the damages in either case to be recovered only by the holder of a bill who has purchased the same or some interest therein for a valuable consideration. (a)

2. Interest.

Seven per cent. is the legal rate of interest, and all contracts or assurances for a higher rate are void, and if the usurious inter(a) R. C. ii. 53.