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Proceedings in Civil Suits.

might have been arrested, an execution against the person of the judgment debtor may be issued to any county within the jurisdiction of the court, after the return of an execution against his property unsatisfied in whole or in part. If it be against the property of the judgment debtor, it requires the sheriff to satisfy the judgment out of the personal property of such debtor, or if sufficient cannot be found, then out of the real property belonging to him on the day when the judgment was docketed, or at any time thereafter. When an execution against the property of the judgment debtor, issued to the sheriff of the county where he resides, or if he resides out of the state, to the sheriff of the county where the judgment roll is filed, has been returned unsatisfied in whole or in part, the judgment creditor may obtain an order from a judge of the court, or a county judge of the county to which the execution was issued, requiring the judgment debtor to appear and make discovery on oath, concerning his property, before such judge, at a time and place specified in the order. At such time witnesses may be required to appear and testify and testify as upon the trial of an issue and an adverse claim to any property of the judgment debtor disclosed or discovered, may be tried. The judge may order any property of the judgment debtor not exempt from execution, in the hands either of himself or any other person, or due to the judgment debtor, to be applied towards the satisfaction of the judgment. (a)

Where real estate is sold upon execution, within one year from the time of the sale, the party whose right and title were sold, or in case of his death, his heirs, devisees, grantees, or other representatives, are entitled to redeem the estate so sold, by paying to the purchaser, his personal representatives or assigns, or to the officer who made the sale, the amount bid by such purchaser at the sale, with interest at the rate of ten per cent. from the time of sale; upon which payment the sale of the premises so redeemed, and the certificates thereof, are to be null and void. The right of the debtor to redeem expires at the end of the year; but within three months thereafter any judgment creditor of such debtor may redeem, upon paying the amount of the purchasemoney, with seven per cent. interest. (b)

(a) Code of Procedure, 198 Suppl.

(b) R. S. ii. 293, 294, 295.

Courts.

12. Courts.

The jurisdiction in civil actions is distributed between the Court of Appeals, the Supreme Court, Circuit Courts, and Courts of Oyer and Terminer, the County Courts, the Justice's Courts, and the various Municipal Courts. The Supreme Court consists of thirty-two judges, four of whom are elected by each of the eight judicial districts into which the state is divided. Its business is distributed between general and special terms, and circuits, and courts of oyer and terminer. Six general terms are held annually in each judicial district. These general terms are in the nature of courts of appeal. The number of special terms, circuit courts, and courts of oyer and terminer in each county, varies with its population and business; there being, for example, eleven in the county and city of New-York, and three in the county of Broome. The governor designates the times and places of holding these courts, and the judges by whom they are held.

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9. EFFECT OF DEATH UPON THE RIGHTS OF CREDITORS.
IMPRISONMENT FOR DEBT UPON MESNE PROCESS.
ATTACHMENT.

10.

11.

12. JUDGMENT AND EXECUTION.

13. INSOLVENT LAW.

14. COURTS.

1. Choses in Action.

A scroll affixed to any instrument for the payment of money has the force and obligation of a seal. (a) But deeds for any other purpose must be sealed with wax or a wafer. (b) The words in an instrument for payment of money, "witness my hand and seal," are sufficient to show that a scroll was intended as a seal. (c)

All bonds, bills and other writings obligatory for the payment of money, may be assigned, and the assignee may maintain an action thereon in his own name. (d)

2. Bills of Exchange and Promissory Notes.

All notes in writing made and signed by any person or persons, body politic or corporate, or their authorized agents, for the pay

(a) Elmer's Digest, 354.

(c) Force v. Craig, 2 Hals. 272.

(b) Perrine v. Cheeseman, 6 Hals. 174. (d) Elmer's Digest, 354.

Interest-Frauds.

ment of a sum of money therein mentioned to any other person, or body politic or corporate, or their order, or unto bearer, may be assigned and endorsed over in succession to any other person natural or artificial, in the same manner as inland bills of exchange, and such assignee or endorsee may maintain an action either against the maker of the note, or any prior endorser. The plaintiff in such suit must however allow all just set offs, not only as against himself, but as against the assignor of the note, before notice of the assignment to the defendant: unless it shall be expressed on the face of the note, that the sum therein mentioned, is to be paid without defalcation or discount. (a)

All inland bills of exchange for the sum of eight dollars and upwards, must be presented for acceptance and payment, and protested for non-acceptance or non-payment, in the same manner as foreign bills; a justice of the peace being authorized to make a protest in the want or default of a notary public.

3. Interest.

The rate of interest in New Jersey was fixed at seven per cent. in 1797, and remained unaltered until 1823, when it was reduced to six per cent. All contracts on which a higher interest is reserved or taken are declared to be utterly void. A penalty is inflicted upon the lender of money at usury, of the full amount of the debt, to be recovered by action of debt or case in any court of record; one half for the benefit of the state, and the other half to the use of the prosecutor. A borrower may compel a discovery from the lender of the whole transaction by a bill in chancery; and upon tender of the principal sum, be relieved of all interest and costs of suit. (b)

4. Frauds.

The English statute of frauds and perjuries has been substantially enacted in New Jersey.

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Corporations.-Limited Partnerships.

5. Corporations.

All sales, assignments and conveyances by any incorporated company, in contemplation of insolvency, except to a bona fide purchaser for a valuable consideration without notice, are declared to be utterly null and void as against creditors.

6. Limited Partnerships.

Limited partnerships were authorized by an act passed the 9th of February, 1837, and which went into operation on the 1st of April of the same year. They must be confined to the transaction. of mercantile, manufacturing, or mechanical business. They may consist of one or more partners, who shall be called general partners, and who shall be jointly and severally responsible as general partners now are by law, and one or more persons who shall contribute in actual cash payments a specific sum, as capital to the common stock, to be called special partners, and who shall not be liable for the debts of the partnership, beyond the sum so contributed to the capital. The general partners only are authorized to transact the business of the partnership, and sign its name; and the business of the firm is to be conducted in the name of the general partners only, without the addition of the word "company," or any other general term; and if any special partner allows his name to be used in the firm, he shall be deemed a general partner. A special partner may from time to time examine into the state and progress of the partnership concerns, and advise as to their management, but the transaction of any business for the partnership, or acting in the capacity of its agent or attorney, will involve a special partner in the liabilities of a general partner. If by the payment of interest or profits to any special partner, the original capital has been reduced, the partner receiving the same shall be bound to make good his share of capital with interest. Every transfer, sale, assignment, or security given by a general or special partner, of the effects of the partnership, or of their separate effects, in, contemplation of insolvency, with intent to prefer one or more creditors, shall be considered fraudulent and

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