LAWS OF EACH STATE

CONCERNING THE

COLLECTION OF DEBTS,

HOUSEHOLD AND HOMESTEAD EXEMPTION,

LEGAL RATES OF INTEREST,

LIMITATION OF ACTIONS,

LIEN,

LICENSE TO SELL GOODS,

QUALIFICATIONS OF VOTERS,

ESTATES OF DECEASED PERSONS,

COMMENCEMENT AND NOTICE OF SUITS, AND

JURISDICTION OF COURTS.

COLLECTION OF DEBTS.

MAINE. A debtor within the State may be arrested on any judgment or contract, amounting to or exceeding the sum of ten dollars, if he is about to leave the State, and it can be proven on outh by the creditor that the debtor has means more than sufficient for his immediate use.

NEW-HAMPSHIRE.-A debtor may be arrested in this State, if the creditor can prove on oath that he is indebted to him in a writ of execution in the sum of thirteen dollars and thirty-three cents or over, and that there is good reason to believe that he is about to leave the State to avoid the payment of his debts, or that he is concealing his property for the same purpose. The debtor, on his arrest, may demand to be led before two Justices of the Peace; and if the magistrates are satisfied, from his affidavit and such evidence as he may bring forward, that he neither conceals his property nor designs to leave the State, they may order his discharge. [No female can be arrested for debt in this State.]

VERMONT. In this State, no resident citizen of any of the United States can be arrested for debt, unless it can be satisfactorily proved that he is about to abscond from the State with money or other property secreted about his person or elsewhere, to the amount of twenty dollars or more, or sufficient to satisfy the claim for which the writ against him is issued. The writ of attachment may issue against his goods, chattels or estate, and, if none can be found, then against his body. [No female can be arrested for debt in Vermont.]

MASSACHUSETTS.-No person shall be arrested on mesne process in an action of contract, unless the plaintiff, or some person in his behalf, makes affidavit and proves: First, That he has a good cause of action, and reasonable expectation of recovering a sum amounting to twenty dollars, exclusive of all costs which have accrued in any former action. Second, That he believes, the defendant has property not exempt from being taken from execution, which he does not intend to apply to the payment of the plaintiff's claim: and Third, that he believes that the defendant intends to leave the state, so that execution, if obtained, cannot be served upon him: or (instead of the second or third) that the defendant is an attorney at law; that the debt is for money collected by the defendant for the plaintiff, and that the defendant unreasonably neglects to pay the same. No person shall be arrested on mesne process in an action of tort, unless it is proved that the plaintiff believes that he has a good cause of action against the defendant, that he has a reasonable expectation of recovering a sum equal to one-third the damages claimed in the writ, and that he has reason to believe that the defendant is likely to remove beyond the jurisdiction of the court. No person shall be arrested on an execution, except in actions of tort, unless after

execution is issued amounting to twenty dollars, exclusive of all cost, it is proved that the debtor has property not exempt from being taken on execution, which he does not attempt to apply for the payment of the plaintiff's claim; or, that since the debt was contracted, or the cause of action accrued, the debtor has fraudu lently conveyed, concealed, or otherwise disposed of some part :f his estate, with a design to secure the same to his own use or defraud his creditors; or, that since the said time, the debtor has hazarded and paid money or other property to the value of one hundred dollars or more in some kind of gaming prohibited by the law of this state; or, that since that time, the debtor has wilfully misused his estate for the purpose of enabling himself to swear that he has not any estate to the amount of twenty dol lars, except such as is exempt from being taken on exemption. If the action was founded on contract, it must be proved, that the debtor contracted the debt with the intention not to pay the same; or, that the defendant is an attorney at law, and that the same unreasonably neglects to pay the money collected by the defendant to the plaintiff. No person shall be arrested on mesne process in a civil action for slander or libel; no woman shall be arrested on any civil process except for tort. When arrested on mesne process the defendant shall be allowed reasonable time to procure bail, and when arrested in such process in action of contract, or on execution, he shall be allowed reasonable time for his recognizance.

All real estate, goods and chattels, liable to be taken on execution (except such goods and chattels as, from their nature or situation, have been considered as exempt according to the principles of the common law as adopted and practised in this state) may be attached upon the original writ, in every action in which debt or damages are recoverable, and held as security to satisfy such judgment as the plaintiff may recover: provided, that no attachment of lands or tenements shall be made on a writ returnable before a justice of the peace, or police court, unless the debt or damage demanded therein exceed twenty dollars. Different attachments may be made successfully upon the same writ, but no further attachment shall be made after the summons is server. Excessive attachments may be reduced on application to the court.

RHODE ISLAND.-A debtor can be arrested in civil actions. Imprisonment for debt is not in on contracts made since July, 1870. No female can be arrested on original writ in any action founded on con'rast not under seal. The limits of each county are the limits of its jail-yard, and any person imprisoned in any civil action founded on contract made previous to July 1, 1870, or execution may have the liberty of the jail-yard by leaving with the sheriff a bond to the creditor, with two sureties.

CONNECTICUT.-No person can be arrested for debt in this State unless it can be proved that he employed fraud or made false rep resentations in contracting the debt; or that he conceals effects

not exempt from attachment to prevent their being seized by legal process; or refuses to pay his creditor or creditors holding judgments against him when he is possessed of sufficient means to do so; or refuses to disclose his rights of action; or in an action on a promise to marry; or for misconduct or neglect in office; or in a professional employment; or as trustee or in a fiduciary capacity

NEW YORK.--A debtor may be arrested in this State only when it can be proved that he used fraud in contracting the debt, or that he concealed or put his property out of his hands for the purpose of defeating his creditors. But before the complainant can obtain the order of arrest, he must give security to the Judge before whom the case is to be tried, that he will pay all costs and damagee consequent upon the arrest, in case the defendant should succeed in recovering judgment. The defendant, when arrested, may give bail, by causing a written undertaking to be executed by two or more responsible bondsmen in the sum demanded by the Judge, to the effect that he-the defendant-will at all times hold himself in readiness to respond to any call made for his appearance at the Court. His sureties may, at any time previous to the termination of the suit, withdraw their bonds for his appearance; or the defendant may surrender himself to the Sheriff, who will detain him till the rendering of the verdict. [Females are liable to arrest in this State only in cases of wilful injury to person, character, or property.]

NEW-JERSEY. A debtor suspected of fraud towards his creditors may be arrested in this State; but he may be discharged from such arrest if he make out and deliver to the officer arresting him a true inventory under oath of all his property, real and personal, and give security to the plaintiff in double the amount claimed, that he will appear before the next court holden in the county where the arrest is made, and petition for the benefit of the insolvent laws. In case of forfeiture of the bond, the plaintiff may bring an action thereon, and recover the debt, damages, and costs If any shall make oath that his debtor has absconded from the State, he may obtain an attachment against the property of such debtor, wherever it may be found; and the writ of attachment holds the property of the defendant from the time of the execution of the same. All conveyances of the property attached made by the defendant pending the attachment, are void against the plaintiff and creditors who became parties to the attachment. [All fe. males are exempt from arrest for debt.]

PENNSYLVANIA.- -A debtor cannot be arrested for debt in this State, except when he is about to remove any part of his property out of the jurisdiction of the court in which suit is brought, with intent to defraud his creditors; or when he has disposed or is about to dispose of his property, or secrete it, to defeat the claims of his creditors; or when he has rights in action, or interest in any public or

corporate stock, or evidences of money due him, which he refuses to apply to the payment of any judgment or judgments against him; or when he has employed fraud in incurring the debt. His property may be attached when he is about to remove it, in whole or in part, from the county in which he has been accustomed to reside; when he remains absent from the State, or confines himself to his own house, or otherwise conceals himself, for the purpose of defrauding his creditors.

MARYLAND.-Imprisonment for debt does not exist in this State. Any creditor may, on a judgment, attach the real or personal estate, or rights in and of action of his debtor. If the debtor is not a citizen of the State, and does not reside therein, or if he is a fugitive from justice, or has removed from his usual residence, with intent to injure or defraud his creditors, the latter may obtain an attachment against his property, real and personal, and also against his rights in action.

DELAWARE.-Imprisonment for debt in this State exists only when it can be shown that the debtor has secreted or conveyed away his property to defraud his creditor or creditors. The party making the complaint must set forth the alleged fraudulent conveyance, and state upon oath that the defendant is justly indebted to him in a sum exceeding five dollars, and that he verily believes the defendant has secreted or otherwise disposed of property over the value of twenty-five dollars, with the view of defrauding his creditors. There are two kinds of attachment for debt, viz: the domestic and the foreign; under the former, an attachment may issue against a resident when it can be shown that he is justly indebted to plaintiff in the sum of fifty dollars or over, and has, as is believed, absconded for the purpose of wronging his creditors of their dues; under the latter, when it can be shown that the defendant resides out of the State, and is justly indebted to plaintiff in the sum of fifty dollars and upward.

VIRGINIA. There is no imprisonment for debt in this State. When a suit is instituted for debt or for damages on breach of contract, the complainant may obtain an attachment against the estate of the defendant (whether resident or non-resident) for the amount stated.

NORTH CAROLINA.-Imprisonment for debt does not exist. When a debtor has removed, or is removing privily out of the county, or absents himself, so that process cannot be served upon him, an attachment may issue against the estate, real and personal, of such debtor, wherever the same may be found. attachment may also issue in favor of a resident of the State against the estate of a non-resident.

An

SOUTH CAROLINA.—When a debt exceeds the sum of thirty dollars and sixty-two cents, the debtor may be arrested and held tc