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SON

LACHOVER James

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Livingston ENTRESS

Monticello Morug
PUTNAM

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TENNESSEE.

Constitution adopted 1835-Square Miles 45,600-Population in 1850, 1,023,698.

Exemptions.

THERE is exempted in this state from levy and sale on execution-one cow and calf; one bedstead and bed, containing not more than twenty-five pounds of feathers; two sheets, two blankets, and one counterpane; where the family consists of six or more persons, one additional featherbed, bedstead, and bedclothes, are allowed; one half dozen knives and forks, six plates, one dish, one pot, one Dutch oven; one spinning-wheel; one pair of cotton-cards; one chopping-axe; five head of sheep; ten head of stock hogs; all fowls and poultry; six chairs; one bible and hymn-book; one loom and gear; also ten barrels of corn; and three hundred weight of pork or bacon, as the case may be, if such they have, or so much thereof as they or either of them inay have. Also in the hands of persons engaged in agriculture, one plough, one hoe, one set of gears for ploughing, one iron wedge; and one farm horse, mule, or yoke of oxen; and the workman's one set of mechanical tools, usual and necessary in his trade; any indigent, decrepit, or idiotic person or persons, who are unable by manual labor or physical exertions to obtain a living or support, are exempt from working on public roads, and paying poll tax, when such infirmities shall be made to appear satisfactory to any county court.

The arms and equipments of any militia-man, are exempt from execution at all times.

Mechanics' Lien.

WHEN any mechanic or undertaker, by special contract with the owner of any lot of ground or tract of land in this state, or his agent, shall construct, build, or repair, either in whole or in part, or furnish materials or any part of materials, in the construction, building, or repairing, of any house, fixtures, or improvements, or shall do any work upon the said house, either by finishing off the same, painting, ornamenting, or otherwise, such mechanic or undertaker shall have and retain a lien upon such building, and the lot of ground thereto attached, in proportion to the amount and value of work done or materials furnished as aforesaid.

A lien hereby created, shall continue one year after the work done, or materials furnished, and until the decision of any suit that may be brought within that time for the debt that may be due said mechanic or undertaker; also said lien shall extend to journeymen, or all who in part build, or in part furnish materials. Provided notice in writing of said lien shall be first given to the owner or proprietor of said lot, tract of land, house, or improvements, or his agent, at the time said work is begun, or materials furnished by said journeymen or other person.

When any debt is contracted by the master, owner, agent, or consignee, of any steam or keel boat within this state, by and on account of any work done, or materials or articles furnished for or toward the building, repairing, fitting, furnishing, or equipping, such steam or keel boat, or for wages due to the hands thereof, such debt shall be a lien upon such steam or keel boat, her tackle and furniture; provided that suit be commenced within three months from the time said work is finished, or said materials or articles are furnished, or said wages fall due.

Chattel Mortgages.

THESE must be proved and recorded the same as mortgages on land, to make them valid as against bona fide creditors and purchasers.

Law Regulating Contracts.

No action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer any debt or damages out of his own estate; or whereby to charge the defendant, upon any special promise, to answer for the

debt, default, or miscarriage, of another person; or to charge any person upon any agreement made upon consideration of marriage; or upon any contract for the sale of lands, tenements, or hereditaments, or the making any lease thereof for a longer term than one year; or upon an agreement which is not to be performed within the space of one year from the making thereof, unless the promise or agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person by him thereunto lawfully authorized.

Limitation of Actions,

ACTIONS of account, and upon the case, except such accounts as concern the trade of merchandise between merchant and merchant, their factors or servants; actions of debt for arrearages of rent; actions of detinue, replevin, and trespass, quare clausum fregit, must be brought within three years next after the cause of action accrues.

Any contract or lending, without specialty, within six years from the time the cause of action accrues.

Actions of trespass, assault, battery, wounding, and imprisonment, within one year.

Actions of slander, within six months.

The same limitation applies to bonds, bills, and other securities, made transferable by law, after their assignment or endorsement, as is applicable to promissory notes.

There is the usual saving in favor of infants, femme coverts, and persons noncompos mentis, imprisoned, or beyond seas, of the term of limitation, after the removal of their respective disabilities.

Collection of Debts.

ATTACHMENT.-When the sheriff shall return that "the defendant is not to be found in his county," in civil cases, an attachment may issue against the property of a defendant who is a resident of the state.

When a creditor makes affidavit that his debtor so absconds or conceals himself that process can not be served on him, or is removing or about to remove himself or his property without the state, or is absconding or concealing himself or his property, or that he is a non-resident, and states therein the amount of his claim, a writ of attachment may issue against the property of the debtor.

Arrest for debt is abolished.

Deeds.

THESE must be sealed, and attested by two subscribing witnesses. When the wife joins her husband in a conveyance, she must be privately examined, separate from her husband.

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Personally appeared before me, JOHN JONES, clerk of the county court of Marion, the within-named JOHN DOE with SUSAN his wife, with whom I am personally acquainted, and who acknowledged that he executed the within deed for the purposes therein contained.

Witness my hand at office, this tenth day of February, one thousand eight hundred and fifty-one.

And SUSAN DOE having also personally appeared before me, privately and apart from her husband, the said JOHN DOE, acknowledged the execution of said deed to have been done by her freely, voluntarily, and understandingly, without compulsion or restraint from her said husband, and for the purposes therein expressed.

Witness JOHN JONES, clerk of said court, at office this tenth day of December, one thousand eight hundred and fifty.

Acknowledgments may be made before the clerk of any county court in the

state.

If made out of the state, they may be acknowledged before a notary public under his seal of office, or before a judge of a supreme, circuit, or superior court of any state or territory of the United States. The judge must endorse thereon or append thereto a certificate of such acknowledgment, and the official character of such judge must be certified by the governor of such state or territory under the great seal thereof.

Deeds must be recorded in the office of the register of the county where the lands are situate.

Rights of Married Women.

WHEN any married woman shall, either before or after marriage, become entitled to any interest in any lands, tenements, hereditaments, or other real estate whatever, either by gift, devise, descent, or in any other mode, it shall not be lawful, by virtue of any judgment, decree, or execution against the husband of such married woman to sell or dispose of his interest in the real estate of the wife; or by virtue of the judgment, sentence, or decree, of any court in this state to dispossess or eject the husband and wife from the possession of the real estate of the wife acquired in any manner, either before or after marriage.

The exemption of the husband's interest in his wife's lands, shall not extend beyond his wife's life, nor shall the husband sell the same during his wife's lifetime, without her joining in the conveyance in the manner prescribed by existing laws, in which married women shall convey lands.

When any person shall die intestate, leaving no heirs-at-law capable of inheriting real estate under the laws of the state, but leaving a widow she is entitled in fee simple to all the real estate of which her husband died seized and possessed, after paying the debts of her husband.

DOWER-A widow is entitled to dower of one third part of the lands, tenements, and hereditaments, of which her husband died seized or possessed.

Rate of Interest.

THE legal rate is six per cent.; and the person exacting more is liable to a fine of not less than the amount usuriously taken.

Wills.

WILLS must be in writing, signed by the testator, or some other person in his presence and by his express direction, and subscribed in the presence of the testator by two witnesses, no one of whom is interested in the will.

KENTUCKY.

Constitution adopted, 1850.-Square Miles, 40,500.-Population in 1850, 993,344.

Exemptions.

THERE is exempt from levy and sale on execution one work-beast, or yoke of oxen; one plough and gear, one axe, one hoe; two cows and calves; two beds, bedding, and furniture; one loom and spinning-wheels, and cards for the same; all the spun yarn and manufactured cloth and carpeting manufactured by the family, necessary for the use of the family; one pot, one oven, half-dozen plates, half-dozen cups and saucers, one coffee-pot, one teapot, half dozen knives and forks; one table; the family Bible; one saddle and its appendages, one bridle; six chairs, not exceeding eight dollars in value; poultry of their own rearing, or purchased for family use; five head of sheep, and wearing-apparel; and to a mechanic his tools, not exceeding one hundred dollars in value, but the work-beast of any mechanic who claims his tools, shall be liable to execution.

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Mechanics' Lien.

In the towns of Bowling-Green, Russellville, and Owenborough, the city of Maysville, the town of Brandenburgh, the city of Lexington, and in the town of Paducah, the mechanics have a lien for their labor and materials furnished in the construction or repair of any buildings, upon the building and the lot of land on which it is situate, provided they file their amounts in the county court clerk's office within six months from the time they cease to work, and proceed to enforce their lien by suit.

In Paducah, they may enforce their lien within one year by bill filed in the M'Cracken circuit court.

Chattel Mortgages.

CHATTEL mortgages must be acknowledged and recorded the same as deeds of real estate.

Law regulating Contracts.

No action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer any debt or damages out of his own estate; or whereby to charge the defendant, upon any special promise, to answer for the debt, default, or miscarriage. of another person; or to charge any person upon any agreement made upon consideration of marriage; or upon any contract for the sale of lands, tenements, or hereditaments, or the making any lease thereof for a longer term than one year; or upon any agreement which is not to be performed within the space of one year from the making thereof; unless the promise or agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or by some other person by him thereunto lawfully authorized.

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