Proceedings in Civil Suits. has been considered under a separate title. The second can only be resorted to in the cases pointed out under the title "Imprisonment for Debt." The first is the ordinary mode. Organization of courts.-General civil jurisdiction is confided to the Circuit Courts, which are to be held twice a year in each county of the state. All writs taken out at a longer interval than fifteen days before the first day of an ensuing term of the Circuit Court shall be returnable to such term; otherwise, to the first day of the next ensuing term. Where a writ is executed thirty days before the return day, the suit, unless good cause is shown for a continuance, will be tried at such return term. Where a party is served with process fifteen days before the return day, he must appear at the term to which the process is returnable and plead to the action. The suit may be continued for good cause at the first and second term, but the party so continuing is bound to be ready for trial at the third term. Imprisonment for debt.-Imprisonment for debt upon either mesne or final process is allowed in no case, except that of fraud, alleged by the plaintiff and supported by his own affidavit and that of some other creditable and disinterested person as to the facts upon which the allegation is founded. (a) This act would seem to have virtually superseded the Insolvent Law of Arkansas, whose provisions seem intended for the benefit of persons imprisoned or liable thereto. Judgments and execution.-Judgments in the Circuit Court, constitute a lien upon the lands of the defendant, situate in the county for which the court is held, for the term of three years, subject to be revised afterwards by scire facias. The term "real estate" includes all interest in land, legal or equitable, which can be sold on execution. (b) Execution against the body of the defendant is only allowed in cases of fraud. The ordinary writ of execution is a writ of fieri facias, which runs against the goods and chattels, lands and tenements of the debtor: it may issue from a court of record into any county in the state, and is returnable on the second day of the next term of the court. The right of pre-emption upon public lands within the state, (b) R. S. 477. (a) Acts of 1843, 118. Proceedings in Civil Suits. cannot be sold under execution. (a) But all other interests in land, whether legal or equitable, goods and chattels, slaves, rights and shares in the stock of any incorporated company, bills or evidences of debt issued by any moneyed corporation, may be taken and sold. Personal estate, or real estate to which the lien of the judgment does not extend, is bound only from the time of the delivery of the writ of execution to the officer of the proper county. Executions are returnable on the second day of the next term of the court thereafter. Before any sale of personal property, the officer must give at least ten days' notice of the time and place of sale, by public advertisement. The defendant may retain possession of the property in the interim, by giving a bond with sufficient surety conditioned for its forthcoming on the day of sale. (b) If such bond is forfeited, judgment may be entered up thereon without notice at the first term after the bond was given, (c) and upon this judgment no delivery bond will be allowed. (d) Whenever an execution is returned, "no property found," the plaintiff may file a bill in Chancery and subject to the satisfaction of his judgment any equitable interest or chose in action of his debtor. (e) When the plaintiff in a judgment believes that any third person is indebted to the defendant, or has effects of his in possession, he may sue out a writ of garnishment against such person, whereupon proceedings are had similar to those which take place in attachments. (ƒ) A judgment debtor of the defendant is not however subject to this process. (g) Remedy against sheriffs and attorneys for failure to pay over moneys collected.—Where an officer who has collected money upon an execution, fails to have the same in court ready to pay over to the proper person, the party aggrieved may, upon motion, after two days' previous notice, obtain a judgment against the officer for the amount in his hands with lawful interest, and ten per cent. damages per month thereon, to be computed from the time when the execution was returnable until paid: or the same may be recovered in an action against the officer and his securities. (h) (a) Acts of 1840, 9. (b) R. S. 372 to 386. (c) Acts of 1843, 49. (h) R. S. 384. Effect of Death upon the Rights of Creditors. The court may also render a summary judgment, upon motion, against any attorney for the amount of money received by him for the use of his clients and costs. (a) 10. Effect of Death upon the Rights of Creditors. The administration of the estate of decedents is conducted under the eye and control of Courts of Probate. It is the duty of the executor or administrator, within thirty days after letters testamentary or of administration have been granted upon any estate, to give notice of the fact by publication for six weeks in some newspaper printed in the state, and by advertisement at the door of the court house, requiring all creditors to exhibit their claims properly authenticated, within one year from the date of the letters. The lands and tenements, improvements upon the public lands, as well as the personal estate of a deceased person, constitute assets in the hands of his executors for the payment of debts. Real estate will only be sold for the payment of debts where it appears to the satisfaction of the Court of Probate, upon a petition filed by the executor or administrator that the personal estate is not sufficient for that purpose. Demands may be exhibited against the estate of a deceased person either by instituting a suit against the personal representative, or by serving upon him a written notice stating the amount and nature of the claim, and accompanied by a copy of the instrument of writing or account upon which it was founded in either case, the demand to be verified by the affidavit of the complainant. Where an executor allows a claim, it is to be filed, with his indorsement thereon to that effect, in the clerk's office of the Court of Probate; if rejected by the executor or administrator, it may be presented to and allowed by the Court of Probate. The following order is to be observed in the payment of debts: first, funeral expenses; second, expenses of last sickness; third, judgments rendered against the deceased in his lifetime, and which are liens on the lands of which he died possessed; fourth, all demands, without regard to quality, which have been exhibited to the executor or administrator properly authenticated, within one year after the first granting of letters on the estate; fifth, all (a) R. S. 129. Effect of Death upon the Rights of Creditors. such demands as may have been so exhibited, after the expiration of one year, and within two years from the grant of letters on the estate. All demands not exhibited before the expiration of two years, to be absolutely barred. It is the duty of the representative to present to the Court of Probate at the expiration of one year from the grant of letters of administration, and at a corresponding term each subsequent year until his administration account is closed, a complete statement of his accounts with the estate, its creditors and debtors: and in default thereof he may be compelled by the Court of Probate. Such account is to be continued until the next term of the court, that any person interested may file exceptions to any item therein, to be rejected or confirmed by the Court of Probate, or auditors to whom it may refer the examination of the same. (a) Upon the death of a married man his widow is not only enti tled to dower in his real estate, but to a life estate in one third of his slaves, and an absolute estate in one third of the personalty owned by him at the time of death, or where there are no children, one half of the personalty, by a right paramount to that of creditors, and without regard to the amount of the husband's indebtedness. (b) Her title to this interest stands upon the same footing as to her dower in realty. The choses in action of the husband are not however embraced under the term of personal estate. (a) R. S. 65 to 97. (b) Hill's Administrators v. Mitchell, 5 Ark. 9. EFFECT OF DEATH UPON THE RIGHTS OF CREDITORS. The general principles of the English common law prevail in Louisiana, except where they have been altered by statute. There is no distinction, however, between sealed and unsealed instruments. No bill of exchange, promissory note, or other obligation for the payment of money, can be received as evidence of debt, where the whole sum expressed in such instrument is only expressed in figures, unless the same is accompanied by proof that the bill, note, or obligation, was given for the sum therein declared to be due and payable. The cents or fractional parts of the dollar may be expressed in figures only. The first of January, the eighth of January, the twentysecond of February, the fourth of July, the twenty-fifth of December, Sundays, and Good Friday are days of public rest. When the third or both third and second day of grace upon a bill of exchange or promissory note falls upon a day of rest, such note or bill shall become due, in the one case, on the second, and |