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is actually due, and that the defendant is or intends removing or absconding, or fraudulently disposing of his property; and the plaintiff is obliged to give bond, with good and sufficient sureties, that he will pay all damages sustained by the defendant, if said writ of attachment has been improperly sued out.

A writ of attachment may be sued out on affidavit, when the debt will become due within nine months from the time of application for said writ, the plaintiff giving bond as in ordinary cases.

On proper affidavit, a writ may issue at any stage of the suit. The process of garnishment cannot be resorted to in this State until after judgment rendered-but no summons will be issued until the plaintiff or his agent has made affidavit that he does not believe that the defendant has sufficient available property to satisfy the judgment against him.

WISCONSIN.

Attachment.-Any creditor may sue out an attachment against his debtor, before a justice of the peace, on filing an affidavit that he is justly indebted to him in a certain sum, over and above all set-offs, and that he has absconded, or is about to abscond, or is concealed, or has assigned, disposed of, or concealed, or is about to conceal his property, or has removed, or is about to remove his property, with intent to defraud his creditors, or fraudulently contracted the debt, or is not a resident of the state, or is a foreign corporation. A bond is required of the plaintiff to secure defendant in case judgment be recovered against him.

The debt must not fall below five dollars, nor exceed fifty. Property attached is to be appraised by two disinterested freeholders.

Execution can be levied against personal property, gold and silver coin, bank bills, or other evidences of debt issued and circulated as money. Twenty days' notice must be given of sale.

Garnishee may be summoned, on oath of the creditor or any other credible person, that he believes that he has property belonging to the debtor in his hands.

The first attaching creditors are paid, and the balance, if any, is distributed pro rata.

Imprisonment for Debt.-The Constitution abolishes imprisonment for debt, arising out of, or founded on a contract, expressed or implied.

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Insolvent Law.-A debtor, on making affidavit that he has not disposed of, or made over any part of his property for his future benefit, or to defraud his creditors, and that he has not acknowledged a debt for a greater sum than he honestly owes, nor paid, nor compounded with any of his creditors," is discharged from his debts. All the creditors, who think

fit to become parties to the conveyance, share alike in proportion to their respective claims.

Exemption.-Family bible, pictures, school books or library, pew in church, rights of burial, apparel of debtor and family, beds and bedding, stoves, and household furniture not exceeding $200; two cows, one yoke of oxen, and farming utensils not exceeding $50; provisions and fuel for family for one year; the tools of a mechanic not exceeding $200; library of professional men not exceeding $200.

Homestead.-Forty acres of land, used for agricultural purposes, with the dwelling-house; or town lot, not exceeding in value $1000, with dwelling-house thereon.

Redemption.-The debtor may redeem real estate in two years, on paying the amount bid, and ten per cent. Judgment debtor may redeem land within two years, on paying the amount bid, and seven per cent. Any of his creditors may do the same within three months next ensuing.

IOWA.

Attachment.-An attachment may issue, upon affidavit being made by plaintiff that the debtor is a non-resident of the State, or that he is about to remove, or dispose of his property, or that he has absconded, with intent to defraud his creditors. Creditor must give a bond to respond to damages, if suit is decided against him.

Imprisonment for Debt.-The Constitution does not allow of imprisonment for debt in any civil action on mesne or final process, unless in case of fraud.

Redemption Real estate may be redeemed by debtor within one year from the sale; and by judgment creditor within fifteen months.

TEXAS.

Attachment.-An attachment may issue, upon affidavit being made by plaintiff, or his agent or attorney, of the amount of the debt, and that his debtor is not a resident of the state, or that he is about to remove himself or his property out of the state, so that process of law cannot be served on him, and plaintiff probably lose his debt. The attachment may be made even if the debt is not due. Improved lands are not to be taken, unless the personal property and unimproved lands prove insufficient to satisfy the demand. Defendant may retain possession of slaves, and other personal property, by giving bond, conditioned for their forthcoming on the day of sale. Plaintiff must give bond, conditioned to indemnify the defendant, if it shall be adjudged that the attachment was wrongfully sued out.

An officer, before he levies attachment, may require a bond of indemnity to secure him, in case the property levied upon does not belong to the defendant.

When a judicial or original attachment has been issued,

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the plaintiff may apply to the officer who issued the same, for a writ of garnishment against any one supposed to be indebted, or to have any effects of the defendant in his possession.

Homestead exempted from execution consists of fifty acres of land in the country, or land and house in town, city, or village of the value of $500. Articles of household necessity, not exceeding $200; implements of husbandry, $50; tools, books, one year's provision, &c., are also exempted. Imprisonment for debt is not allowed, except in cases of fraud, avoidance, or concealment.

Personal actions are limited to two years. on contract, in writing, to four years.

CALIFORNIA.

Actions of debt

Attachment.-A writ of attachment may be sued out against the property of the debtor, upon affidavit being made by the creditor, his agent, or attorney, that the debtor is indebted to plaintiff in the sum of two hundred dollars, or more, stating the amount, above all legal set-offs, and that he has reason to believe that he has absconded, or intends to abscond from the state, or is concealed; or has removed, or is about to remove his property, or has conveyed, assigned, or disposed of, or is about fraudulently to convey or conceal the same, to the injury of, and with intent to defraud his creditors. Bond is required of the plaintiff, to pay all damages, if suit be decided against him. Attachment may issue, on affidavit of plaintiff, though debt is not due.

Arrest of Debtor.-The Constitution provides that no person shall be imprisoned for debt, in any civil action on mesne or final process, unless in case of fraud.

RECOVERY OF DEBTS ABROAD.

GREAT BRITAIN.

In Bankruptcy, or for Recovery of a Debt, the foreign creditor must prove his debt by affidavit, sworn to before a Magistrate, and attested by a Notary-public, British Minister, or Consul.

FRANCE.

When a judgment, or decree, has been obtained in any of the courts in this country, the French courts will carry into effect the judgment or decree so obtained. A debtor must, however, be served with process here, and a judgment obtained here, otherwise the French courts will not take cognizance of the case. There must have been some decree or judgment of a court, declaratory of the right of the claimant.

Under the same circumstances, of antecedent process and judgment here, it is believed, that the laws of Belgium would give the same assistance against a debtor.

DEFENCE OF THE DEBTOR.

IN the contracting of a debt there must be, at least, two contracting parties. And as no man can be made a contracting party without his free will and consent; so no man can, except with his consent, or by his own act or default, (or that of his agent, which is in fact his) become debtor to another.

A debt may be admitted to be wholly due, and yet the party making the admission may refuse to pay it, on the ground that he has a claim against the other party which he is entitled to set-off against it. If the amount of the set-off does not equal the demand, then he is justifiable, in setting off his claim against that made against him, and paying or tendering the balance. The amount of a debt may be admitted, and yet the party refuse to pay it, on the ground that it is not due, the time when it was to be paid not having elapsed.

Where a debt is disputed in part, but a portion of it admitted, the objection to the disputed part may either be mentioned and stated to the party claiming it, and an offer made to pay the amount admitted; or it may, in some cases, and under certain circumstances, be prudent to state generally (without stating the grounds of objection) that the portion disputed will not be paid, but offering to pay the admitted amount. Care must be taken, where a portion of an account or of a demand is objectionable, not to make a general promise of payment of the account in demand, but to limit such promise to the unobjectionable portion. So, also, it is advisable where an account has been rendered, to parts of which objections are entertained, not to retain the account so rendered for a length of time, without expressing a dissent from its correctness. As, in some cases, the fact of an acceptance of such account, and keeping it for a length of time without stating any objection, may be considered an admission of its correctness.

The grounds on which a total denial of a debt may rest are:

1stly, The debt so denied to be due may never have existed, or may never have been contracted by the party from whom payment is sought.

2ndly, As it may have been at one period a bona fide subsisting debt, but lapse of time may legally (we do not say morally) justify a denial of and refusal to pay it.

3rdly, It having been a good and subsisting debt, the laches (that is neglect) of the creditor may (by operation of law) have extinguished it.

4thly, Or it may be a demand to which the person from whom it is claimed may apparently be liable, but which the law does not recognise, and the amount of which cannot be enforced for want of consideration, or in consequence of the transaction out of which it arose being illegal.

Claims which are frequently denied, are made against a party for the amount of goods or articles supplied to another upon the recommendation or introduction of such party. When and under what circumstances a person may be liable for the debt of another has already been stated. (p. 44.) Where a party promises to pay when convenient, if it be proved that he is able to pay, the law will consider ability as amounting to convenience, and judgment will be given accordingly.

Cases may arise in which, under certain circumstances, a prudent consideration for one's pocket may induce the settlement of a demand, though no legal liability may exist;-as where a suit is brought, and it will cost the party more to contest it, even if he gains his case, than the amount claimed.

The party making the claim, must prove it. If the creditor proves his claim, and the debtor seeks to justify his non-payment or non-performance, upon any grounds, he must be prepared to prove them.

As, when a party is sued for a sum of money for goods sold, the proof of the purchase and delivery will entitle the creditor to a verdict; but if a credit of a certain period were given, and that period be not elapsed at the time of the action brought, that will be matter for the debtor to prove.

So, in an implied contract, if an action be brought against a carrier for non-delivery of a parcel, proof of the parcel having been given into his charge, that a consideration either was or was not to be paid for its delivery, and the non-delivery, together with the value, will be sufficient on the part of the party seeking to enforce payment.

The non-delivery may have been caused by accident, or by the act of God, and through no negligence of the carrier: this must be proved on his part.

Where the debt is barred by the statute of limitations, this must be shown and taken advantage of by the debtor.

So, proof of such neglect on the part of the creditor, as would in law extinguish the debt, or other proof, such as having looked to and dealt with a principal, where there was a surety, by which the surety was discharged, is proof on the part of, and to be made by, the party sought to be rendered liable.

Where it is contended that no consideration existed for a debt, that fact, being pleaded, throws the burthen of proof (in law) on the part of the per son suing or seeking to enforce his claim.

Illegality of consideration must be shown and proved by the defendant or party sought to be made a debtor. Where a certain portion of a demand has been admitted and offered to be paid, and rejected, and an action brought to recover the full amount, the debtor will have (if desirous of saving himself from costs) to prove the actual sum tendered to the creditor.

On the subject of tender, we may observe that the exact amount intended to be offered and paid should, (without any qualification, such as " if you will take this in full I will pay you," or "take this and give me a receipt in full,") be tendered, that is, produced, in bank notes, gold, silver, and copper, and held out to, shown and offered to the creditor, or his attorney, in the pres. ence of a disinterested witness.

Supposing a debt to have been established, defence is at an end; and it then becomes the interest of the debtor to settle it in the most beneficial and favorable manner to himself, and on the best terms he can make, keeping it always in view that his creditor has the means of enforcing it against him. And, also, recollecting that where a bona fide debt really subsists, any attempt at denial of it, or defence for the purpose of gaining time, only adds costs and expense, which must ultimately fall on him.

PART III.

COMMERCIAL AND DOMESTIC LAWS.

AFFIDAVITS.

An affidavit is an oath in writing, signed by the party deposing, sworn before, and attested by, the person who has authority to administer the same. The place of abode, and the addition of the person making such affidavit, should be annexed thereto, and should be full, certain and positive. Affidavits and oaths, when authorized by law, may be taken in the same manner that oaths and affirmations are administered in open court, and they may be taken before any magistrate authorized to administer oaths, unless where the statute makes other provision.

Affidavit of demand againt a Non-Resident Debtor.
COMMONWEALTH OF, County of -SS.

Before me, Benjamin H. Currier, Esquire, Commissioner in and for the said Commonwealth, appointed by the governor of the State of, to take the acknowledgment and proof of deeds and other writings under seal, to be used or recorded in the said State of and to administer oaths and affirmations, came I. R. B, of —, in the county of, and Commonwealth aforesaid, who being by me duly sworn, deposes and says, that H. R. A., lately of said, but now resident of in the county of, and State of, is justly and bona fide indebted unto him, the said I. R. B., in the just and full sum of fifty seven dollars and fifty cents, and that he has given credit to said H. R. A. for all payments and off-sets