scows and a small boat, not exceeding the aggregate value of two hundred and fifty dollars. To a teamster, a span of horses or mules, harness, and one wagon, cart, or dray. To a person engaged in logging, three yokes of oxen and implements of the value of three hundred dollars. Proceeds of life insurance and pensions are also exempt.

WEST VIRGINIA.-ACTIONS. The old forms of actions and writs are preserved, and actions are begun in justices' courts by service of summons returnable in not less than five, nor more than thirty, days; in circuit courts. returnable within ninety days. The assignee of a bond, note, or writing not negotiable, may sue in his own name.

ATTACHMENT is allowed in actions for any claim or debt on contract, or for damages for any wrong, on an affidavit on behalf of the plaintiff, stating the nature and amount of the claim, and, 1. That defendant, or one of defendants, is a foreign corporation or non-resident. 2. That he has left, or is about to leave, the State with intent to defraud creditors. 3. That he so conceals himself that service cannot be had on him. 4. That he is removing, or is about to remove, his property from the State, so that an execution, when obtained, will be unavailing. 5. That he is converting, or is about to convert, his property into money or securities. with intent to defraud c. editors. 6. That he has assigned or disposed of his property, or is about to do so, with intent to defraud creditors. 7. That he has property or rights of action which he conceals. 8. That he fraudulently contracted the debt or liability in question. Plaintiff must also give security for damages and costs.

ARREST. Defendant may be arrested and held to bail on an affidavit stating the nature and justice of the claim, and the amount, and, I. That defendant has removed, or is about to remove, his property from the State, with intent to defraud creditors. 2. That he has converted, or is about to convert, his property into money with like intent. 3. Or has assigned, disposed of, or removed his property, or is about to do so, with like intent. 4. That he has property or rights in action which he fraudulently conceals. 5. That he fraudulently contracted the debt or liability. 6. That he is about to leave the State permanently, without having paid plaintiff's demand.

Plaintiff must also give security for damages and costs.

GARNISHMENT. In the writ of attachment, the plaintiff may designate any third parties as having effects of the defendant in their hands, and such parties may be summoned as garnishees.

JUDGMENTS bear interest at six per cent.; are liens on real estate in every county from the date of docketing in the county where the land is, and the lien continues for ten years, but the judgment must be docketed within sixty days from the date of rendition, or before any deed from the debtor to a third party is delivered for record. A writ of fieri facias is a lien on personal property from the time of delivery to the

sheriff.

STAY LAW. In justices' courts, by giving bond with surety. stay of execution is allowed as follows: Where the judgment, exclusive of interest and costs, does not exceed fifty dollars, two months; between fifty and one hundred dollars, five months; over one hundred dollars, six months.

EXEMPTIONS. Any husband or parent, or the widow, or infant children of deceased parents may set apart a homestead to the value of one thousand dollars, as against debts accrued after date of filing declaration of homestead, and personal

property to the value of two hundred dollars. The working tools of a mechanic, artisan, or laborer, to the value of fifty dollars, provided the whole amount of exemp tions does not exceed two hundred dollars.

WISCONSIN.-ACTIONS. All distinctions have been abolished, and there is now but one form, which must be prosecuted in the name of the real party in interest, except in case of executors, administrators, and trustees, and which is begun by the service of a summons on the defendant.

ARREST. Defendant may be arrested, I. In an action to recover damages not on contract, where the defendant is a non-resident, or is about to remove from the State, or where the action is for injury to the person or character, or for injury to, or wrongful taking, detaining, or converting property, or in an action to recover damages for property taken under false pretences. 2. In an action for a fine or penalty, or for money received, or property embezzled, or fraudulently misapplied by a public officer or attorney, or an officer of a corporation as such, or factor, agent, or broker, or for misconduct or neglect in official or professional employment. 3. In an action to recover property unjustly detained, where it is so concealed that the sheriff cannot find the same, but no female to be arrested except for wilful injury to person, character or property.

An affidavit must be made on the part of the plaintiff, stating the cause of action, and one of the above causes, and security must be given to defendant.

ATTACHMENT is allowed on an affidavit that the defendant is indebted to piaintiff, and stating the amount, which must exceed fifty dollars, that it is due on contract or judgment, and, 1. That defendant has absconded, or is about to abscond, or is concealed to the injury of his creditors, or to avoid service of summons. 2. That defendant has assigned, disposed, or concealed his property, or is about to do so, with intent to defraud creditors. 3. That the defendant has removed, or is about to remove, his property from the State, with intent to defraud creditors. 4. That the debt was fraudulently contracted. 5. That he is a non-resident. 6. Or a foreign corporation, or if incorporated in the State, that all the proper officers on whom to make service are non-residents or cannot be found. Or the affidavit shall state that a cause of action sounding in tort exists for an amount exceeding fifty dollars, and that the defendant is not a resident of the State, or that his residence is unknown and cannot be ascertained, or that defendant is a foreign corporation. Attachment may issue on a demand not yet due in any case mentioned in the first four subdivisions. Plaintiff must also give bond.

GARNISHMENT is allowed on an affidavit on behalf of the creditor, that he believes that any third person (naming him) has property, effects, or credits of defendant, or is indebted to him, and that defendant has not property sufficient to satisfy his demand; also on execution, on a similar affidavit.

JUDGMENT is a lien on real estate in the county where rendered from the date of docketing, and in other counties from the time of filing a transcript, and the lien continues for ten years. It bears interest at six per cent., except judgment for foreclosure which is at rate specified in mortgage. not exceeding six per cent.

STAY LAWS. In justices' courts, on giving bond with surety within five days after judgment was rendered, stay of execution is allowed as follows: On sums not exceeding ten dollars, exclusive of costs, one month ; between ten and thirty dollars, two months; between thirty and fifty dollars, three months; over fifty dollars, four months

EXEMPTIONS. A homestead not exceeding forty acres, used for agriculture, and a residence, and not included in a town plat, or a city or village, or instead, one-quarter of an acre in a recorded town plat, city, or village occupied and not exceeding five thousand dollars in value. Also, 1. Family Bible. 2. Family pictures and school books. 3. Private library. 4. Seat or pew in church. 5. Right of burial. 0. Wearing apparel, beds, bedsteads, and bedding kept and used in the family, stoves and appurtenances put up and used, cooking utensils and household furniture to the value of two hundred dollars, one gun or other hrearm to the value of fifty dollars. 7. Two cows, ten swine, one yoke of oxen, one horse or mule, or, in lieu thereof, a span of horses or mules, ten sheep and the wool therefrom, necessary food for exempt stock for one year, provided or growing, or both, one wagon, cart, or dray, one sleigh, one plow, one drag, and other farm utensils including tackle for the teams, to the value of two hundred dollars. 8. Provisions and fuel for the family for one year. 9. Tools and implements, or stock in trade of a mechanic or miner, trader, or other person, used and kept for carrying on business, not exceeding two hundred dollars in value. 10. Money arising from insurance of exempt property destroyed by fire. II. Interest in patents held by the inventor. 12. Sewing-machine. 13. Sword, plate, books, or articles presented by Congress, or legislature of a State. 14. Printing materials and presses to the value of fifteen hundred dollars, but only four hundred dollars is exempt from payment to employes. 15. Earnings of a married person necessary for family support, for three months previous to issuing process, not exceeding sixty dollars per month. 16. Horse, arms and equipments of a militiaman. 17. Books, maps, etc. used for making abstracts of title to land. 18. Pensions. 19. One thousand dollars in shares of building association held by one not owning homestead. Proceeds of policy of insurance on life of a minor, payable to parents, are exempt as against their creditors, but not against creditors of the minor.

WYOMING.-ACTIONS. There is but one form of action at law, which is commenced by filing a petition on which a summons issues.

ARREST. An order of arrest may be obtained on plaintiff's giving security and filing affidavit setting forth the nature and amount of his claim, that it is just, and establishing one or more of the following particulars: 1. That defendant has removed or begun to remove property out of jurisdiction of court with intent to defraud creditors. 2. That he has begun to convert property into money to place it beyond reach of creditors. 3. That he has property or rights of action fraudulently concealed. 4. That he has assigned, removed, or disposed of property to defraud creditors.

5. That he fraudulently contracted debt on which suit is brought. 6. That the money or thing for which recovery is sought was lost by gambling or by bet or wager. On substantially same grounds defendant may be arrested on execution by order of Court.

No female can be arrested except for willful injury to person, character, or property.

ATTACHMENTS are granted in a civil action for the recovery of money, on plaintiff's giving security and filing an affidavit stating the nature and amount of his claim, that it is just, and the existence of one of the following grounds: 1. That defendant is a foreign corporation or non-resident. 2. Has absconded with intent to defraud creditors. 3. Has left county of residence to avoid service of summons. 4. Conceals himself so that summons cannot be served on him. 5. Is about to remove his property out of the jurisdiction of the court, with intent to defraud creditors. 6. Is about to convert his property into money to place it beyond reach of creditors. 7. Has property or rights of action concealed. 8. Has assigned, removed, or disposed of his property, or is about to do so, to defraud creditors. 9. Fraudulently contracted debt sued on.

Attachment may issue on claims not yet due, on affidavit showing existence of any of the above grounds from second to ninth inelusive.

GARNISHMENT. When plaintiff makes oath in writing that he believes that any person or corporation named has property of the defendant in his possession, describing the same, and the officer cannot get possession of such property, such person or persons may be summoned as garnishee.

JUDGMENT is a lien on real estate in the county where entered, from the first day of the term at which judgment is entered, except judgments by confession and those rendered at the term action is commenced, which are binding only from the day they are rendered. Unless execution is taken out and levied within one year, the judgment ceases to be a lien as against any other judgment creditor, and unless the execution is taken out within five years, the judgment becomes dormant and the lien expires.

STAY OF EXECUTION is allowed in justices' courts and District Courts on filing bond, for six months.

EXEMPTIONS. Every householder, the head of a family, is entitled to a homestead not exceeding in value fifteen hundred dollars, consisting of a house or lot in a town or city, or a farm of not more than one hundred and sixty acres of land. The wearing apparel of every person is exempt, and the following property owned by any person the head of a family, viz: the family Bible, pictures, and school-books; rights of burial; furniture, bedding, provisions, and such other articles as the debtor may select, not to exceed in all the value of five hundred dollars. The tools, team, and implements, or stock in trade, of a mechanic, miner, or other person, used or kept for the purpose of carrying on his trade or business, not exceeding three hundred dollars; the library, instruments, or implements of any professional man, not exceeding three hundred dollars: half the earnings of debtor within sixty days before levy not exceeding fifty dollars, when necessary for support of family.

For Statutes of Hawaii, the Philippines and Porto Rico see Appendix.

CHAPTER XXXVI.

THE LIENS OF MECHANICS AND MATERIAL MEN FOR THIER WAGES AND MATERIALS.

In nearly all our States there are now some provisions for securing to mechanics, and to persons supplying materials (who are called "material men"), their wages and pay for their materials, by means of liens, as they are called in law. A lien is a hold upon or a valid claim against property. This means that every mechanic employed upon a house, and, in most of the States, upon a vessel, and in some upon any property whatever, as a railroad or canal, either in the construction or repair of it, has a lien upon the property on which he has labored or for which he has supplied materials, for the amount of his wages and the price of his materials. This lien or claim he has for a certain time; and during that time he may either sue for his wages, and make an attachment of the property, or in some States, file a petition with the proper court; and in either may have the property sold to pay his wages, unless the owner redeems it.

The reason of these precautions is obvious enough. The purpose of the law is to assist and protect the mechanic, or material man, but not to enable him to commit a fraud or do an injury to his neighbors. And it would be an injury to a man to let him buy a house and pay full price for it, and then tell him that the mechanics who built it had a lien (which is much the same in effect as a mortgage) upon the house, without his knowing anything about it. And it would be an injury to an owner, who had contracted with the master-workman to repair or change his house at great expense, to settle with this master workman in due time, and pay him the full amount of his bill, without any notice to the owner that he was under an obligation to pay again for all the labor spent upon his house, or let the house go on execution.

Of all the laws for the recovery of debts, and the enforce