and conjecture in the dark, in frequent disputes about facts, which may be ascertained to a certainty; and which can be satisfactorily ascertained only by the agency of the government.]

Chancery. The courts having chancery powers are authorized to decree specific performance of contracts for the sale of lands, where the obliger, in such contract, was deceased, without executing the same.

Acknowledging of Deeds. Deeds may be acknowledged before judges of the supreme, circuit, or district courts of the United States, commissioners for taking acknowledgments, any clerk of a court of record, mayor of a city, notary public, or justice of the peace; 'but if such justice resides out of this state, there shall be added a certificate of the proper clerk, setting forth that the person before whom such acknowledgment was made, was a justice of the peace at the time of making the same.' A certificate of the county commissioners' court is annexed, authenticating the justices' commission, in case of his living in the state, unless he resides in the county where the land is situated, in which case no certificate needs to be annexed.

Registry of Deeds. All conveyances are to be recorded within six months after execution, to make them good against subsequent purchasers, and if not recorded within that time, they shall be adjudged void, as against any subsequent purchaser or mortgagee for valuable consideration, unless such deed or conveyance shall be recorded before the recording' of the subsequent conveyance. If the grantee is a resident in the state, but not of the county where the land lies, the deed may be recorded in the

state recorder's office.

Judges of Probate are elected by joint ballot of the assembly, and hold their offices during good behavior.

The Supreme Court consists of four judges, and exercises appellate jurisdiction only, (except in some specified cases,) and has final jurisdiction of all matters of appeal, error, or complaint from the judgments or decrees of the circuit and other inferior courts, wherein the rules of law, or principles of equity appear to have been erroneously adjudged.'

There shall be but one term of the supreme court holden annually at the seat of government.'

'Said court shall in all cases state the case, and give their opinions in writing.'

"The supreme court shall have original jurisdiction in all causes, suits, and motions against public debtors, sheriffs, clerks, and alĺ collectors of the public revenue to the state.'

The judges hold circuit courts in the respective counties twice Salaries $1000 each.

a year.

Elections. At the election of governor, senators, or members of congress, &c. the judges of the county commissioners' court,

appoint judges of elections; the votes are given either by ballot or viva voce, as the elector chooses, and every vote is recorded by the clerk of the election, with the name of the voter. Voting more than once subjects the party to a fine of one hundred dollars. If any doubt is suggested as to the qualifications of a person offering to vote, he is put under oath at the polls, as to his qualifications, and opposite testimony may be received at the same time, the judges of the election to decide. These judges may impose a fine not over twenty dollars for disorderly conduct at the election. If different candidates have the highest, and an equal number of votes, the choice is to be decided by lots. 'If any candidate shall desire to contest the validity of any election, [to the General Assembly] he shall give notice of his intention in writing to the person whose election he intends to contest, within thirty days after the election, expressing the grounds of objection, the name of the justice of the peace who will attend at the taking of the depositions, and the time when the depositions will be taken,' and the person whose election is contested may name another, and those two a third, to take the testimony. The members of the general assembly are elected for two years, the governor and lieutenant governor for four.

Idiots, &c. 'Whenever any idiot, lunatic, or distracted person, has any real or personal estate, the judge of the Circuit Court shall, on the application of any creditor or relation, order a jury to be summoned to ascertain whether such person be a lunatic, insane, or distracted;' and if the jury return that he is an idiot, &c. the court is to appoint a conservator.

Insolvent Debtors. If a debtor fails to satisfy an execution, the creditor makes affidavit of the fact, and a ca. sa. is thereupon issued, upon which the debtor is brought before the judge of probate of the county, and is required to make an assignment under oath of all his property, or enough to satisfy the execution; and the property so assigned is for the use of his 'creditor or creditors.' The assignment may be examined by creditors and contested; and questions, as to the fraud of debtor, tried by jury forthwith, and on the assignment being completed the debtor's person is discharged, and the property disposed of by the assignee for the benefit of the creditors.

Judgments and Executions. 'A judgment shall be a lien on lands, tenements, and real estate, for the period of seven years.' 'When a judgment shall have become a lien, and the defendant happen to die before execution levied, the remedy shall not be delayed by reason of the non-age of any heir.'

Certificates of land give the holder an interest liable to be taken on execution.

Lands are sold on execution at public vendue to the highest bidder; unless the judgment is recovered on a contract made

previously to the time of the act being in force, viz. May 1, 1825, in which case the land is not sold, unless two thirds of the appraised value is bid. The debtor may redeem the land within twelve months, on paying ten per cent. interest on the price at which it was bid off. Mortgaged lands may be sold to satisfy the debt for which they are pledged.

Justices of the Peace and Constables are elected by the inhabitants of the county.

Bail for appearance is discharged if the original defendant's health was such as to endanger his life by surrender.'

Betterments. Every person evicted from land for which he can secure a plain title deduced from the record of some public office, without notice of adverse title in like manner derived from record, shall be exempt from action for rents or profits prior to notice of adverse claims.' And in case of eviction, he shall be allowed for improvements made before notice.

Common Law and English Statutes. 'The common law of England, all the statutes of the British parliament made in aid of the common law prior to the fourth year of James I. (excepting stat. 43 Eliz. c. 6, s. 2; 13 Eliz. c. 8, and 37 H. 8, c. 9,) which are of general nature, and not local to that kingdom, shall be the rule of decision and of full force until repealed.'

Revival of Statutes. In cases where laws shall be repealed, and such repealing acts repealed, the first mentioned laws shall not on that account be revived.'

Mechanics' Lien. When any contract shall be made between the proprietor of a tract of land or lot, with any person for erecting or repairing a building, or machinery, or appurtenances, or for furnishing labor or materials, or any person shall have furnished materials used in the building, &c. they shall respectively have a lien on the building or machinery and the land; no such lien to continue in force more than three months from the time when payment should have been made, unless a suit shall have been commenced within that time for the purpose of enforcing the con

tract.

Interest. A creditor is entitled to interest at six per cent. per annum on a judgment, from the time of entering up the same until satisfied by sale of goods on execution, or otherwise; for moneys due by bond, bill, promissory note or other instrument in writing; on money lent; on money due on settlement of accounts, from the time of liquidating the same; and on money received for the use of another, and retained without his knowledge. Banks and moneyed institutions are forbidden to take over six per cent. per annum; other parties are left to agree upon the rate. Blacks and mulattoes are not permitted to settle in the state without producing a certificate of their freedom, and also giving bonds.

in $1000 not to become a charge on the public. Marriages between whites and negroes or mulattoes, are prohibited and void, and persons so married are liable to be fined, whipped not exceeding thirty lashes, and imprisoned not exceeding one year. And the magistrate or person joining such parties in marriage, is liable to a fine not less than two hundred dollars, and ineligible to any office in the state.

Conveyances. In deeds granting an estate of inheritance in fee simple, the words grant, bargain, and sell, shall be adjudged a covenant that the grantor was seized of an indefeasible estate in fee simple freed from incumbrances, done or suffered by the grantor, except for rents and services reserved.'

Internal Improvements. Kaskasia River. Two thousand dollars out of the proceeds of the sale of Vandalia lots, and the same sum out of the proceeds of the sales of the Vermillion Saline lands, and also any grant made by congress for the purpose, are appropriated to remove obstructions to the navigation of Kaskasia river, between Kaskasia and Vandalia.

Disturbance of religious worship and keeping Sunday. 'Any person who shall disturb the peace and good order of society, by labor or amusement, on the first day of the week, commonly called Sunday, shall be fined not exceeding five dollars.' Any person who shall by menace, profane, or vulgar language, or disorderly or immoral conduct, disturb the peace or good order of any congregation assembled for divine worship, shall be fined not exceeding fifty dollars. Persons keeping some other day than Sunday, as a sabbath, are excepted from this provision of the act. Persons charged with a violation of this act before a justice of the peace, shall, if they so request, be tried by a jury of from six to eight, to be summoned by the justice.

Sureties. The provisions on this subject are of a novel character, though we are not prepared to give an opinion as to their practical effect; they are certainly worthy of the attention of the profession and of legislators.

It is provided that if the surety in a bond, bill, or note, on which a right of action has accrued, is apprehensive that the principal debtor will become insolvent, or leave the state, and by writing requests the creditor to commence a suit on the bond, bill, or note, against the principal debtor, the surety will be discharged in case of the creditor's not so commencing a suit; this provision does not, however, extend to bonds of guardians, executors, or public officers. And in case of judgment against a surety or an obligor, he may, on motion, obtain judgment against the other parties to whom he has a right to resort on his having paid the debt.

Shows, Exhibitions, &c. Persons are prohibited from taking fees for shows, rope-dancing, circus riding, &c. without previous

license from the county treasurer, who may fix the sum to be paid for the licence from five to one hundred dollars.

Suits by or against the State. The auditor of public accounts may sue or be sued in behalf of, and as representing, the state. Though the act declares the state shall not be bound by a judgment rendered against it, in the auditor's name, until the same is examined by the general assembly. This is, therefore, a general provision whereby the liquidation of claims, against the state is referred to the courts.

Wills. This volume contains a long act on the subject of wills and the administration on estates, which is very full and minute in its provisions, and appears to be very ably drawn up.

'Every person aged twenty-one years if a male, or eighteen years, if a female, or upwards, and not married, being of sound mind and memory, shall have power to devise lands, tenements, and hereditaments, or personal estate; and all persons of the age of seventeen years, except married women, shall have power to dispose of personal estate by will; and a married woman may dispose of her separate estate, both real and personal, by will, in the same manner as other persons.' Act Jan. 23, 1829, s. 1.

The validity of a will cannot be contested after the expiration of five years from probate, or from the ceasing of the disability of infants, femes covert, persons absent, or non compos mentis. s. 5.

A devise to a subscribing witness to a will is void, unless the witness would have been entitled to a share of the estate, had no will been made, in which case the witness will be entitled to the devise or legacy to an amount not exceeding that to which he would have been entitled in case no will had been made; and in either case he may be compelled to appear as a witness to the execution of the will. s. 10.

Birth of a child after making will does not revoke it; but, unless it appear to have been the testator's intention to leave nothing to such child, it will be entitled to the same share of the estate as if the testator had died intestate; to be made up by ratable deductions from the other legacies and devises. Illegitimate children inherit the estate of their mothers. Aliens may hold and inherit estate in the same manner as citizens.

s. 48.

s. 12.

s. 47.

The widow of cestui qui trust is entitled to dower in an equitable estate.

s. 49.

Maryland.

At the session of the General Assembly of Maryland, commenced at Annapolis, December 29, 1828, two hundred and two statutes and seventy-nine resolutions were passed. Of the statutes thirty-two are public. The following abstract includes all