that he is about to remove his property beyond the jurisdiction of the court to defraud creditors, or has done so, or that he has property fraudulently concealed, or rights of action or interest in public or corporate stocks, which he refuses to apply to the payment of his debts, or that he fraudulently contracted the debt. In these cases affidavit must be made of the necessary facts.

ATTACHMENT. Property of the defendant may be attached, if the plaintiff makes affidavit that the defendant is justly indebted to him in a sum exceeding one hundred dollars, stating the nature and amount of the claim, and that defendant is about to remove his property out of the jurisdiction of the court, with intent to defraud creditors, or that he has property or rights that he fraudulently conceals, or that he has assigned, disposed of, or concealed his property, or is about to do so, with intent to defraud creditors, or that he fraudulently contracted the debt. The property of non-residents may be attached without affidavit, except in actions ex delictu. Plaintiff must give security.

GARNISHMENT. Attachment may issue after judgment, on the property or debts due the defendant in the hands of third parties, and garnishee may be summoned in.

JUDGMENT bears interest at six per cent., and is a lien on real estate in the county where rendered. It may be transferred to other counties and continues a lien for five years, but after that may be revived by scire facias.

STAY LAWS. Stay of execution is allowed on judgments in actions of contract, by giving bond with surety, or offering sufficient unincumbered real estate, as follows: On sums not exceeding two hundred dollars, six months; between two hundred and five hundred dollars, nine months; over five hundred dollars, one year. In justices' courts, as follows: On sums not exceeding twenty dollars, three months; between twenty and sixty dollars, six months; over sixty dollars, nine months. There is no stay on judgments for one hundred dollars or less, for wages of manual labor.

EXEMPTIONS. Property, real or personal, to the value of three hundred dollars, exclusive of wearing apparel of the defendant and his family, and all Bibles and school-books in use in the family, and sewing-machine. There is no exemption in judgment for wages of manual labor for one hundred dollars or less, or for board for four weeks or less. There is no homestead exemption.

RHODE ISLAND.— ACTIONS are begun by original writ of summons, arrest, or attachment. The common law, as modified by statute, prevails.

ARREST. Writ of arrest may issue in action for any cause except recovery of debt or taxes. 2. To recover debts contracted before July 1, 1870. 3. In any action of contract on affidavit annexed to the writ, that the claim is just and that the plaintiff expects to recover enough to give the court jurisdiction; and also, either that defendant is about to leave the State without leaving sufficient property to be taken on execution, or that the defendant committed actual fraud in contracting the debt or in concealing or disposing of his property. Plaintiff, after commencement of the action, may sue out the writ to arrest at any time before judgment, by making a similar affidavit, and arrest on execution may be ordered by court on the same grounds. No bond is required. No female can be arrested in action of contract, nor any voter on election day, or the day preceding or following.

ATTACHMENT. Writ of attachment issues against property of the defend

ant and personal property in the hands of third parties, as trustees, on an affidavit by the plaintiff, his agent or attorney, endorsed on or annexed to the writ that plaintiff had a just claim against defendant that is due, upon which plaintiff expects to recover a sum sufficient to give jurisdiction to the court, and upon giving a bond to the officer if required.

GARNISHMENT issues by original writ of attachment against personal property of the defendant in the hands of a third party. (See ATTACHMENT.) JUDGMENT is not a lien on real estate. It bears interest at six per cent. There is no stay of execution, except for cause shown.

EXEMPTIONS. 1. Wearing apparel of the defendant and his family, if he has one. 2. Working tools of the debtor necessary to his occupation to the value of two hundred dollars and library of professional man. 3. Household furniture and stores of a housekeeper, not exceeding three hundred dollars. 4. Bible, school and other books in use in his family, not exceeding three hundred dollars in value. 5. One cow, and one and a half tons of hay of a housekeeper. 6. One hog, one pig, and the pork of the same, of a housekeeper. 7. Uniform and accoutrements of a militia man. 8. Pew in church. 9. Lot in burying-ground. 10. Mariners' wages due or accruing. II. Debts secured by bills of exchange or negotiable promissory notes. 12. Salary or wages to the amount of ten dollars, when the cause of action is not for necessaries. 13. Wages of wife or minor children of debtor. There is no homestead exemption.

SOUTH CAROLINA.-ACTIONS. All distinctions between actions are abolished, and there is but one form for all civil actions, prosecuted in the name of the real party in interest, except in case of executors, administrators, etc., and begun by the service of a summons.

ARREST. Defendant may be arrested on affidavit on the part of the plaintiff. 1. In an action for money received or property embezzled or fraudulently misappropriated by a public officer, or an attorney, or officer or agent of a corporation, as such, or factor, agent, or broker, or for any misconduct or neglect in official or professional employment. 2. In an action to recover possession of personal property fraudulently detained, or when the property is so disposed of that it cannot be found by the sheriff, and with intent to deprive plaintiff of benefit of the same. 3. Where the defendant was guilty of fraud in contracting the debt or in concealing or disposing of the property sued for, or where the action is for damages for fraud or deceit. 4. Where the defendant has removed or disposed of his property, or is about to do so, with intent to defraud creditors. 5. Suit may be brought on a note, etc., not yet due, and arrest made on affidavit by plaintiff that defendant, being a resident of the State, is about to abscond or depart from the State, and that plaintiff had no knowledge of his intent to leave the State when he took the note. No female can be arrested. The plaintiff must give an undertaking with security.

ATTACHMENT may issue in an action of contract to recover money or property or damages for the wrongful conversion or detention of personal property or for injuries to person or property, where the defendant is a foreign corporation or a non-resident, or has absconded or concealed himself, or is about to remove his property from the State, or has assigned, disposed of, or secreted his property, or is about to do so, with intent to defraud creditors, on an affidavit stating one of the above grounds, and giving security to defendant. Attachment may also issue against owner, agent, or master of sailing vessel for pilotage fees on affidavit stating amount due and that vessel is

about to depart from the State.

Attachment will lie for a debt not due fraud be shown in evading the debt. The plaintiff must give security.

GARNISHMENT is effected only by attachment.

JUDGMENT is a lien on real property for ten years; and judgments for money bear interest at seven per cent.

There is no stay of execution except on appeal and giving bond.

EXEMPTIONS. Homestead of the head of the family not exceeding in value one thousand dollars with the yearly products thereof, and personal property to the amount of five hundred dollars.

SOUTH DAKOTA.- ACTIONS are commenced by service of summons and must be prosecuted by the real party in interest.

ARREST. An order of arrest may be obtained in the following cases on plaintiff's filing an affidavit setting forth the facts on which it is asked, and furnishing security, viz.: In an action for damages not founded on contract, where defendant is a non-resident, or is about to remove from the State, or where action is for injury to person or character or for injury to or wrongfully taking, detaining, or converting property; in an action for a fine or penalty or on a promise to marry, or for money received on property embezzled, or fraudulently misapplied by a public officer, attorney, or other person, in a fiduciary capacity, or for any misconduct or neglect in office or in a professional employment, in an action for recovery of personal property disposed of or concealed to prevent its being taken by the sheriff, or where debt was fraudulently contracted, or where debtor has removed his property or is about to do so to defraud creditors. Arrest for debt is abolished. No female can be arrested except on action for willful injury to person, character, or property. The plaintiff must give security for the costs and damages.

ATTACHMENT may issue in all cases against a foreign corporation which has not appointed an agent for service of process or, a non-resident, or a defendant who has absconded or concealed himself, or is about to remove his property from the State, or has disposed of or secreted his property, or is about to do so with intent to defraud creditors.

Plaintiff must file affidavit stating ground of claim and amount and one of causes above stated or that debt was incurred for property obtained under false pretenses, and give security.

Attachment may issue in certain cases before maturity of claim.

GARNISHMENT. Proceedings may be instituted prior to judgment in actions on contracts, and after execution issued in any action.

JUDGMENT is a lien on defendant's real estate in every county where it is docketed, for ten years from time of docketing in the county where rendered.

EXEMPTION. Homestead not exceeding one acre in a town plot, or one hundred and sixty acres elsewhere, with house and buildings, to the extent of five thousand dollars. All family pictures, pew, burial lot, family Bible and school-books, family library not exceeding in value two hundred dollars, wearing apparel of debtor and family, provisions and fuel for one year, and other personal property to be selected by debtor not exceeding in value seven hundred and fifty dollars or three hundred dollars if debtor is single.

Instead of the seven hundred and fifty dollars exemption, debtor, the head of a family may select the following:-Books and musical instruments for use of family not exceeding two hundred dollars, household and kitchen furniture not exceeding two hundred dollars, two cows, five swine, two yoke

of oxen or one span of horses or mules, twenty-five sheep and their lambs under six months old, and all wool from the same or cloth or yarn manufactured therefrom, food for animals for one year, one wagon, one sleigh, two plows, one harrow, farming machinery and utensils not exceeding twelve hundred and fifty dollars; tools and implements of a mechanic used for his trade or business, and stock in trade not exceeding two hundred dollars; library and instruments of a professional man not exceeding three hundred dollars. Avails of life insurance received by widow or children are exempt to value of five thousand dollars.

TENNESSEE.-ACTIONS. There is only one form for all actions, which are begun by a summons issued by the clerk of the court and directed to the sheriff. Plaintiff must usually give security for costs.

ARREST. There is no arrest for debt in Tennessee.

ATTACHMENT may be had at the commencement of the action for a debt or demand due or after action begun, either before or after judgment, for any cause, where, 1, the debtor is a non-resident; 2, or is about to remove himself or his property out of the State; 3, or has removed out of the county of his residence privately, or is about to do so; 4, or has concealed himself so that process cannot be served on him; 5, has absconded or concealed himself or his property; 6, has fraudulently disposed of his property or is about to do so; 7, where any person liable for a debt, and a non-resident, dies leaving property within the State; 8, where defendant is resident of the county, but summons is returned not found in the county." The plaintiff or his agent must make an oath in writing of the nature and amount of the debt, and one of the above causes, and give security to the defendant.

GARNISHMENT. Where property, choses in action, or effects of the defendant are in the hands of a third party, or such party is indebted to the defendant, attachment may issue by garnishment. Also on execution, where the sheriff cannot find sufficient property to satisfy the execution.

JUDGMENT is a lien on real estate, in the county where rendered, from the date of rendition, and in other counties from the date of registration of a certified copy; but the lien is lost unless execution is taken out and the land sold within twelve months after rendition. Judgment bears interest at six per cent.

STAY OF EXECUTION. On judgments before a justice of the peace execution will be stayed for eight months on giving security for debt, interest, and costs.

EXEMPTIONS. Ninety per cent. of the income already earned of a resident 18 years of age or over, earning or receiving $40.00 or under per month is exempted, and $36.00 when the amount exceeds $40.00. Personal property of the head of a family, two beds, bedsteads and bedding, and for every three children one additional bed, etc.; the bedsteads not to exceed twenty-five dollars in value; two cows and calves, and if the family consists of six persons or more, three cows and calves; one dozen knives and forks, dozen plates, six dishes, set of tablespoons, set of teaspoons, tray, two 'pitchers, waiter, coffee-pot, tea-pot, canister, cream-jug, one dozen cups and saucers, dining-table, and two table cloths, dozen chairs, bureau, not to exceed forty dollars in value, safe or press, wash-basin, bowl and pitcher, washing-kettle, two washing-tubs, churn, looking glass, chopping-axe, spinning wheel, loom and gear, pair cotton cards, pair wool-cards, cooking-stove and utensils, set o. dinary cooking utensils, meal-sieve, wheat-sieve, cradle, Bible and hymn-book, and all school-books, two horses or two mules, or one horse and one mule, or one horse or mule, and one yoke of oxen and gear, two-horse or one-horse wagon to the value of seventy-five dollars, and the harness, man's saddle, woman's saddle, two riding-bridles, twenty-five barrels of corn, twenty

bushels of wheat, five hundred bundles of oats, five hundred bundles of fodder, one stack of hay to the value of twenty dollars; if the family is less than six persons, one thousand pounds of pork slaughtered or on foot, or six hundred pounds of bacon; or if the family consists of more than six persons, twelve hundred pounds of pork, or nine hundred pounds of bacon, poultry to the value of twenty-five dollars, fifty sheep and the fleeces from same, twenty-five stands of bees and the products of same; six cords of wood or one hundred bushels of coal, one sewing-machine, one hundred gallons of sorghum molasses, one hundred pounds soap, fifty pounds lard, one hundred pounds flour, fifty pounds salt, one hundred pounds beef or mutton, twenty pounds coffee, fifty pounds sugar, three bushels meal, one bushel dried beans, one bushel dried peas, fifty bushels of Irish potatoes, fifty bushels sweet potatoes, ten bushels turnips, one pair andirons, one clock, one pound each of pepper, spice, and ginger, canned fruit put up for the family not exceeding twenty dollars in value twenty bushels of pea-nuts, three strings of red peppers, four gourds, carpet in use, not exceeding twenty-five dollars in value, and two hundred bushels of cotton-seed. If the head of the family is engaged in agriculture, two plows, two hoes, grubbing-hoe, cutting-knife, harvest-cradle, plow-gears, pitchfork, rake, three iron wedges, five sheep, ten stock hogs. Also the tools of a mechanic, and if he be the head of a family, two hundred dollars' worth of lumber or material or products of his labor. One gun to every male person, and to every female who is the head of a family. To a head of a family, fifty pounds of picked cotton, twenty-five pounds wool, leather for winter shoes; also three hundred pounds of tobacco in the hands of the producer, and thirty-five dollars' worth of roughness consisting of oats, fodder, or hay. A homestead of the head of a family of the value of one thousand dollars.

TEXAS.-ACTIONS are begun by petition filed with the clerk of the court upon which a citation issues to the defendant.

ARREST for debt is abolished.

ATTACHMENTS may issue upon an affidavit by the plaintiff or his attorney, stating that the debt is a just one, and the amount of the same, together with one of the following grounds: 1. That defendant is a non-resident or a foreign corporation. 2 That he is about to remove out of the State, and has refused to pay or secure plaint. iff's claim. 3. Or that he secretes himself, so that process cannot be served on him. 4. That he has secreted his property for the purpose of defrauding creditors, or is about to do so. 5. That he is about to remove his property out of the State, without leaving sufficient remaining for the payment of his debts. 6. That he is about to remove his property beyond the jurisdiction of the court, with intent to defraud creditors. 7. That he is about to transfer or secrete his property, or has done so, with intent to defraud creditors. 8. That he is about to convert his property into money, for the purpose of defrauding creditors. 9. That the debt is due for property obtained under false pretences. And he must also swear that the attachment is not sued out for the purpose of injuring the defendant, and that the original petition is true, and give security to defendant.

GARNISHMENT may issue after suit brought on affidavit of plaintiff that the amount claimed is just, due, and unpaid; that he does not know of any property of defendant not exempt, sufficient to satisfy the claim, and that he believes that any parties (naming them) are indebted to the defendant, or have property or effects of the defendant; also, where judgment has been rendered, or attachment sued out on affidavit. JUDGMENT is a lien on real estate in the county where it was rendered, and in