STATE OF -, a IOWA FORMS. [Form 1.-ACKNOWLEDGMENT.} SS. 188-, before the undersigned appeared to me personally affixed to the foregoing instruvoluntary act and deed. Be it remembered, that on this day of in and for said County, personally known to be the identical person whose name ment as grantor and acknowledged the same to be Witness my hand and seal the day and year last above written. [SEAL.] Signature. [Title of office.] [Form 2.-DEPOSITIONS.] Depositions of witnesses produced, sworn and examined at and State of before me, in the County of (stating name and style of office of the officer), in pursuance of the annexed commission to me directed in an action now pending in the Court of the State of Iowa in and for County, wherein is plaintiff, and defendant, on behalf of the (plaintiff or defendant). A. B., of lawful age, being pro luced, sworn and examined, on behalf of (plaintiff or defeudant), deposed as follows: The witness should be sworn before being examined, and after signing he should again be sworn to the statements therein made, and the usual jurat of the officer attached, to-wit: day of Subscribed and sworn to by said -, before me and in my presence, this 188-. After the depositions of all the witnesses are closed the following certificate should be added: County ss. STATE OF within and for (name of commission and official style), County, State of do hereby certify that in pursuance of the annexed commission, I caused to come before me at my office in in said County and State, A. B. C, D., &c., (names of all the witnesses), on the day of - 188, who were then and there by me sworn and examined on the interrogatories and cross-interrogatories to said commissiou annexed, and their answers reduced to writing, and after being read over to said witnesses, the same were subscribed and sworn to by them respectively in my presence, and their depositions are now herewith returned, and I further certify that neither of the parties, nor the agent or attorney of either was present during said examination. Witness my hand and official seal this - day of 18-. [Signature and title of officer.] [FOR QUIT CLAIM DEED.] For the consideration of dollars I hereby quit claim to in the following tract of land: (Describing it.) all my interest [FOR DEED IN FEE SIMPLE, WITHOUT WARRANTY.] For the consideration of tract of land: (Describing it.) dollars I hereby convey to the following [FOR A DEED WITH WARRANTY.] The same as the last preceding form, adding: "And I warrant the title against all persons whomsoever." For Form of Acknowledgment, see Form 1. LAWS OF KANSAS. RELATIVE TO THE COLLECTION OF DEBTS, Etc. Prepared expressly for J. A. Graft & Co.'s Legal Directory, by E. N. O. Clough, Attorney and Counsellor at Law, Leavenworth, Kas. ASSIGNMENTS AND INSOLVENCY.-Assignment must be for all creditors alike; deed of assignment must be executed and recorded like conveyances of real property; sworn inventory must be filed within thirty days from date of assignment, unless court grants further time. Appraisers are appointed by District Court, and receive three dollars per day each for their services. Sworn appraisement must be filed by appraisers within five days from date of their appointment. Assignee is required to give bond in double the amount of the appraisement, said bond to be approved by the Court or Judge or Clerk thereof, in vacation, and recorded by clerk of said court. Assignee shall exhibit on oath a statement of accounts, with proper vouchers, to District Court, at its first regular term after the end of one year from execution of assignment, and yearly thereafter until assigned estate is settled. If assignee fail to comply with provisions herein contained, he may, on motion of creditor or creditors, be cited by the court to appear, and on failure to do so may be discharged as such assignee, but no such citation shall be issued till after one year from date of assignment. Assignee shall appoint a day within six months of assignment, for the adjustment of accounts, at county seat of county where inventory is filed, and shall give notice of such time and place by publication in some public newspaper, three months previous thereto. The assignee is, in all respects, subject to order of court, and his accounts are passed upon by a commissioner before his discharge. ATTACHMENT.-The creditor in a civil action for the recovery of money may, at or after the commencement thereof, have an attachment against the property of the debtor, where the debtor, or one of several debtors, is a foreign corporation, or non-resident of the State, (but no attachment shall be granted on the ground or grounds in this clause stated, for any claim other than a demand arising upon contract, judg ment or decree, unless the cause of action arose wholly within the limits of this State, which fact must be established on the trial), or where the debtor, or one of several debtors, has absconded with intent to defraud his creditors or has left the county of his residence to avoid the service of summons; or so conceals himself that a summons can not be served upon him; or is about to remove his property, or a part thereof, out of the jurisdiction of the court, with intent to defraud his creditors, or is about to convert his property, or a part thereof, into money, for the purpose of placing it beyond the reach of his creditors; or has property or rights in action which he conceals, or has assigned, removed or disposed of, or is about to dispose of, his property, or a part thereof, with the intent to defraud, hinder or delay his creditors; or fraudulently contracted the debt; or fraudulently incurred the liability or obligation for which suit is about to be or has been brought; or when the damages for which the action is brought are for the injuries arising from the commission of some felony or misdemeanor, or the seduction of some feniale; or when the debtor has failed to pay for any article or thing delivered for which, by contract, he was bound to pay on delivery. An undertaking is required in attachment in double the amount sued for,conditioned that the plaintiff shall pay the defendant all damages he may sustain by reason of the attachment, if the order be wrongfully obtained, but no undertaking shall be required when the party or parties defendant are all non-residents of the state or a foreign corporation. The undertaking in District Court to be approved by the Clerk; in Justices' Courts, by the Justice. ACCOUNTS.-Proved in ordinary manner. COURTS.-District Courts hold from two to three terms annually in nearly every county, and have original jurisdiction in cases at law and in equity. Probate Courts hold regular terms in each county on the first Monday in January, April, July, and October. Special or adjourned terms may be held, as business may require, and said Courts are always open for business. Jurisdiction of District Court unlimited. Justices' jurisdiction in civil actions, for the recovery of money, $300; to recover specific personal property, $100. COSTS-BOND FOR.-In District Court every plaintiff must give security for costs, or deposit $15 in lieu thereof, or make affidavit that, by reason of his poverty, he is unable to do so. In Justices' Court every non-resident plaintiff must give security for costs at beginning of suit, or deposit the probable amout of said costs, and all plaintiffs may be required to, in the discretion of the Justice. EXEMPTION.-Every person residing in this state, and being the head of a family, shall have exempt from seizure and sale upon any attachment, execution, or other process issued from any court in this State, the following articles of personal property: Family library, pictures and musical instruments; a pew in place of public worship, and a lot in any burial ground; wearing apparel of debtor and family; all household furniture used by debtor and his family, including sewing machine, looms and other implements of industry not exceeding $500 in value; two cows, ten hogs, one yoke of oxen, and one horse or mule, or in lieu thereof, one span of horses or mules; twenty sheep and wool from same; either in raw material or manufactured; food for support of stock mentioned, for one year, either provided or growing, or both; one wagon, cart, or dray, two plows, one drag, harness and tackle for teams, not exceeding in value $300; necessary tools and implements of any mechanic, and, in addition thereto, stock in trade, not exceeding $400 in value; the library, implements and office furniture of any professional man; earnings for personal services, for three months prior to issuing execution, when made to appear by affidavit that same is for the maintenance of his family. Any person who is not the head of a family, and who resides in this State, shall have the following property only exempt: The wearing apparel of the debtor; a pew in a place of public worship, and a lot in any burial ground; necessary tools and instruments of any mechanic, miner or other person, used for the purpose of carrying on his trade or business, and, in addition thereto, stock in trade, not exceeding in value $400; library, implements and office furniture of any professional man; earnings for personal services for three months prior to issuing execution, when made to appear that such earnings are necessary for the maintenance of a family supported wholly or partly by his labor. Also a homestead of 160 acres of farming land, or one acre within an incorporated town or city, with buildings thereon, unlimited in value. A lien may be created on homestead by husband and wife, both joining in the mortgage. GARNISHMENT.-When the plaintiff, his agent or attorney, shall make oath in writing that any person or corporation has property of the defendant, or is indebted to him, a garnishment summons may issue to such person or corporation, and a copy of order of attachment, with notice that he appear and answer. When suit is brought before a Justice of the Peace, and either of above-named persons shall make affidavit, in substance the same as one above referred to in District Court, the Justice of the Peace shall issue such summons, either at the commencement of suit or afterwards. INTEREST.-Legal rate seven per cent., but twelve per cent. may be stipulated for by contract. A charge above twelve per cent. occasions forfeiture only, there being no penalty for usury. Judgments draw the legal rate from date of rendition, but where judgment is obtained on a promissory note or other contract, in which a greater rate was agreed upon, such judgment shall be drawn at the contract rate. LIMITATION OF ACTIONS.--Actions concerning real property must be brought within two, five, or fifteen years, according to the reason of bringing same; on official bonds and contracts in writing, within five years; contracts not in writing, three years; trespass, detinue, replevin, and for relief on the ground of fraud, two years. Revivor: part payment or written acknowledgment or promise. KANSAS FORMS. [Form 1.-AFFIDAVIT TO PROVE AN ACCOUNT.] STATE OF KANSAS, SS. Before me, the Probate Judge (or Notary Public, as it may be), in and for said County, personally came , and being by me first duly sworn, upon his oath says that the account hereto annexed is just, true and correct, and that to the best of his knowledge and belief, he has given credit to said estate for all payments and off-sets to which it is entitled, and that the balance of dollars claimed is justly due. (Signature. Subscribed and sworn to before me this day of, A. D. 188-. [Form 2.-BOND FOR COSTS.] STATE OF KANSAS, } SS. Whereas IN THE DISTRICT COURT IN AND FOR SAID COUNTY. plaintiff, is about to bring a civil action in the District Court of ---County, Kansas, against -, now therefore - the plaintiff as principal and , as surety hereby agree that the said plaintiff will pay all costs that may accrue in said action, in case he shall be adjudged to pay them; or in case the same cannot be collected from the defendant-, if judgment be obtained against said defendant, that the plaintiff will pay the costs made by himself. (Signature.) (Signature.) [Form 3.-ACKNOWLEDGMENT.] STATE OF KANSAS, SS. Be it remembered. That on this in day of, A. D. 188-, before me, a and for said County and State, appeared · to me personally known to be the same person who executed the foregoing instrument, and duly acknowledged the execution of the same. In Testimony Whereof, I have hereunto subscribed my name and affixed my official seal on the day and year above written. [Form 4a.-NOTICE TO TAKE DEPOSITIONS.] COURT, COUNTY OF STATE OF KANSAS. (Signature.) Plaintiff, vs. Defendant. -, in the The above named will take notice, that on the day A. D. 188-, the above named, will take the DEPOSITIONS of sundry WITNESSES, to be used as evidence on the trial of the above entitled cause, at ---- in the County of State of. -between the hours of eight o'clock A. M. and six o'clock P. M., of said day, and that the taking of the same will be adjourned from day to day, between the same hours, until said depositions are completed. The taking of said depositions to commence at —— o'clock -M. of each day. Signature. Attorney for Waiver of all objections to the official character of the officer hereby` entered, and the service of the above notice is hereby acknowledged this day of, A. D. 188-. [Form 46.-FOR DEPOSITIONS.] (CAPTION,) "Depositions of sundry witnesses taken before me (here insert the name of the magistrate and his official character, as Justice of the Peace, Notary Public, etc.,) within and for the County of, in the of, on the -- day of, in the year between the hours of A. M., and P. M., at in said County, pursuant to the annexed notice, (or agreement, as the case may be), to be read in evidence on behalf of the plaintiff or defendant, as the case may be), in the said action. A. B, of lawful age, being by me first duly examined, cautioned and solemnly sworn to testify the truth, the whole truth, and nothing but the truth, (or affirmed) deposeth and saith that" (here write the deposition), and so on with all the witnesses. The deposition may be taken by stating the facts in narrative form, or in reply to questions first written down. The depositions may be taken before any Judge, Justice or Chancellor of any Court of Record, a Justice of the Peace, Notary Public, Mayor, or Chief Magistrate of any city or town corporate; or a Commissioner appointed by the Governor of the State of Kansas to take depositions-such officer not to be attorney or relative of either party, nor otherwise interested in the even of the suit. If there are adjournments, they should be noted by the Magistrate, or other officer, from day to day, at the close of the day and legal reasons therefor given. Objections should be entered to witnesses supposed to be interested, and to questions supposed to be illegal. This entry is made on behalf of the party raising the objection, simply by a short note made by the magistrate or officer taking the deposition. Each witness must sign his own deposition. The notice must be attached to the depositions and enclosed with them. INSTRUCTIONS. The depositions should be commenced on the day named, and some portion of a deposition taken on each successive day, Sundays excepted, adjournments being from Saturday to Monday; Sundays and national holidays not being regarded. A legal reason for every adjournment should appear in the officer's certificate. When depositions are taken under agreement, the above instructions will be followed, except where they are modified by the agreement. In such case the agreement will be followed. It should be attached to the depositions, if sent, and referred to in the caption, as the notice is when taken under a notice. If taken by interrogatories and cross-interrogatories, under agreement or otherwise, each interrogatory and cross-interrogatory must be put to each witness and answered so far as he can answer it, and the answer written down. The deposition must show that each interrogatory and cross-interrogatory was thus put and answered. The fees for taking depositions should be taxed, and a memorandum made by whom they were paid. Close the depositions with a certificate in the form following, viz: CERTIFICATE TO DEPOSITION. "I, A. A., (naming the official character of the magistrate according to the fact), do hereby certify that (naming all the witnesses who have testified), were by me first severally sworn (or affirmed) to testify the truth, the whole truth, and nothing but the truth, and that the depositions by them respectively subscribed as above set forth, were reduced to writing by myself (or if by any other person, name him and say, 'by who is not interested in the suit, in my presence, and') in the presence of the witnesses respectively, and were respectively subscribed by the said witness in my presence, and were taken at the time and place in the annexed notice (or agreement specified; that I am not Council, Attorney, or relative of either party, or otherwise interested in the event of this suit, if there be adjournment, add) and commenced at the time in the notice specified, and continued by adjournments from day to day, as above stated. Signed A. B.' INSTRUCTIONS CONTINUED. If the depositions are taken before the Mayor, Notary Public, or Commissioner, appointed aforesaid, they must be certified under his official seal. If before any of the other officers above named, a certificate must be annexed, under the seal of the Court of the County, or the great seal of the State, that the officer by whom the depositions were taken was, at the time of taking the sam, such officer as he represents himself to be in his certificate. This should be attached to the Magistrate's certificate. This proof of official character is omitted when waived by agreement of parties at the foot of notice. This agreement does not waive the taking them at the time and place named in the notice. |