Effect of Death on the Rights of Creditors.

ments, the wearing apparel of the deceased, and such other of the personal estate as the probate court may assign her: which will not be less than one-third after the payment of the debts and charges.

2d. The widow and children constituting the family of the deceased will have such allowance as the probate court deem necessary for their maintenance during the settlement of the. estate; which in case of an insolvent estate will not be longer than eight months after granting administration, nor at any time after the dower and personal estate are assigned to the widow.

3d. When any person dies, leaving children under seven years of age, having no mother, or when the mother dies before the children reach the age of seven years, an allowance will be made for the necessary maintenance of such children till they are seven years old, out of such part of the personal estate and the income of such part of the real estate as would have been assigned to their mother had she been living.

it

4th. If on the return of the inventory of any intestate estate, appear that the value of such estate does not exceed one hundred and fifty dollars, the probate court may assign for the use and support of the widow and children of the intestate, or for the support of the children under seven years of age, if there be no widow, the whole of said estate, after the payment of funeral charges and expenses of administration.

5th. If the personal estate amount to more than one hundred and fifty dollars, and more than the allowance before mentioned, it will be applied to the payment of the debts of the deceased, his funeral charges, and expenses of settling the estate.

6th. The residue, if any, of the personal estate, will go to the same persons and for the same purposes, as prescribed for the disposition of real estate.

What court will grant administration.-See laws of Massachusetts, substituting the word "district" for "county."

To whom administration will be granted.-Administration will

be granted:

1st. To the widow or next of kin, or both, or such persons as they request to have appointed.

2d. To one or more of the principal creditors.

Effect of Death on the Rights of Creditors.

3d. To such persons as the probate court may judge proper. Examination of persons suspected of concealing, embezzling, &c., effects of the deceased.-See laws of Massachusetts.

Proceedings when personal estate is insufficient to pay debts.See laws of Massachusetts.

Appointment of commissioners, their duties, &c.—Where letters testamentary or of administration are granted by any probate court, such court will appoint two or more commissioners to receive, examine, and adjust all claims and demands against the deceased, except where it appear that there are no debts against such deceased person, or that the value of such estate does not exceed one hundred and fifty dollars, and is assigned, as before provided, for the support of the widow and children. From the decision and report of the commissioners, allowing or disallowing any claim to the amount of twenty dollars, any executor, administrator, or creditor may appeal to the next stated session of the county court in the same county. (a)

Distribution of assets in case of solvent and insolvent estates.— If, on the report of commissioners and ascertaining the amount of claims against the estate, it appear that the executor or administrator has enough to pay the debts, he must pay the same within the time appointed by law: if he has not enough for that purpose, after paying the expenses of administration, he will pay the debts in the following order: 1st. The necessary funeral expenses. 2d. The expenses of the last sickness. 3d. Taxes. 4th. Debts due the state. 5th. Debts due the United States. 6th. Debts due to other creditors. If there be not assets enough to pay all the debts of any one class, each creditor will have a dividend in proportion to his claim: and no creditor of any one class will receive any payment till those of the preceding class are fully paid.

Executor and administrator, how liable for neglect to render account.-When an executor or administrator, after being duly cited by the probate court, shall neglect to render his account, he will be liable on his bond for all damages which may accrue; and his bond may be put in suit on the application of any person interested in the estate.

(a) R. S. 49.

In what actions this process lies.—All actions founded on any contract, express or implied, entered into since January 1st, 1839, and all actions founded on any contract where the principal defendant has absconded from, or is resident out of this state, or is concealed within this state, brought in the county court, or before a justice when the matter in demand exceeds the sum of forty dollars, may be commenced by the trustee process. (a)

Form of the writ, and what attachment it authorizes, and who are liable as trustees.—See laws of Massachusetts.

Trustee when and how to be discharged; his examination on oath, his default on non-appearance, and the mode of trial when he appears. See laws of Massachusetts. For exception in reference to trustee's disclosure, see Trustee's disclosure not conclusive,"

Case in which adverse claimant may become a party to the suit; the proceedings in such case, and when principal defendant may be a witness.-See laws of Massachusetts.

Case of trustee having specific goods. What demands not attachable by this process.-No person may be adjudged a

trustee,

1st. By reason of any money or other thing due from him to the principal defendant, unless it is, at the time of the service of the writ on him, due absolutely and without depending on any contingency.

2d. By reason of any debt due from him on a judgment, so long as he is liable to an execution on the judgment.

Attachment of debt before it is payable, and case of fraudulent conveyance to trustee.-See laws of Massachusetts.

Trustee's disclosure not conclusive.-The answers and statements sworn to by any person summoned as a trustee will not be considered as conclusive in deciding how far he is chargeable, but either party may allege and prove any facts that may be material in deciding that question.

(a) R. S. 29.

Mode of Collecting Debts.

Liability of trustee if he do not pay the sum on account of which he is adjudged a trustee.-If any person adjudged a trustee refuse or neglect to pay such sum as the court determines to be due from him to the principal defendant by the time specified in the order of court, he will be liable for the same, with interest, to the plaintiff in the action, to be recovered in an action on the

case.

If debt recovered by plaintiff or the amount in the trustee's hands do not exceed ten dollars, trustee to be discharged.-If the amount of debt or damages recovered by the plaintiff in any trustee process, do not exceed ten dollars, or if the goods, effects, and credits in the hands of the trustee do not exceed in value ten dollars, the trustee will be discharged, and recover his costs against the plaintiff.

II. BY SUIT A T COMMON LAW.

Ordinary process in civil causes; and attachments, how issued; writs not to issue unless costs are secured.-The ordinary mode of process in civil causes in the several courts of this state is by writ of summons or attachment. Said writs of attachment may issue against the goods, chattels, or estate of the defendant, and for want thereof against his body. (a)

No writ of summons or attachment, requiring any person to appear and answer before any court in this state, will be issued unless there be sufficient security given to the defendant by way of recognizance, by some person other than the plaintiff, to the satisfaction of the authority signing such writ, that the plaintiff shall prosecute his writ to effect, and shall answer all damages, if judgment be rendered against him.

Real and personal property attached, how long held.—Personal property attached on mesne process will be held to respond to the judgment rendered on such process thirty days from the time of rendering such judgment; and unless the plaintiff, within said thirty days, take such property in execution, it will be discharged from such process; and real estate, attached on such process, will be held five calendar months after the rendition of final judgment, (a) R. S. 28.

Mode of Collecting Debts.

and no longer, unless such personal property or real estate be incumbered by a prior attachment, in which case such personal property will be held thirty days, and such real estate five calendar months, after such incumbrance is removed.

Arrest on mesne process.-When the body of any person is arrested on mesne process, the officer will commit him to jail unless he expose personal property sufficient to secure such officer, or procure some person to become surety to the satisfaction of such officer, by indorsing his name as bail on the back of the writ.

When courts will issue executions, and when executions are returnable. The Supreme and County Courts, respectively, may issue execution in due form of law, in twenty-four hours after the rising of the court, on every final judgment rendered by such court, which will be made returnable within sixty days from the date thereof, or at the next term of such court (if not less than sixty days), at the election of the party.

Imprisonment of debtors.-No female may be arrested or imprisoned on any mesne process issuing in any action founded on contract, nor on any execution issuing on a judgment recovered in any such action.

No person, who is a resident citizen of this state, may be arrested or imprisoned by virtue of any mesne process issuing in an action founded on a contract, express or implied, entered into after January 1, 1839, nor by virtue of any execution, issued on a judgment recovered in an action founded on any such contract; provided, that if the plaintiff in an action on any contract made after said date, file with the authority issuing the writ an affidavit that he has good reason to believe and does believe that the defendant is about to abscond from the state, and has secreted about his person or elsewhere money or other property, such writ may issue as an attachment against, and be served upon the body of the defendant.

When the goods or chattels of the debtor cannot be found, sufficient to satisfy the execution and legal fees thereon, the officer may commit the debtor to jail.

Liability of sheriff neglecting or refusing to pay over money on execution. If any sheriff neglect or refuse, on demand made, to pay to the creditor in any execution, his agent or attorney, all