removed, or disposed of, or is about to dispose of his property, or a part thereof, with the intent to defraud his creditors; when he has fraudulently contracted the debt, or incurred the obliga tions for which suit is about to be, or has been brought. But al attachment shall not be granted on the ground that the defend ant is a foreign corporation or a non-resident of this Territory, for any claim other than a debt or demand arising upon contract, judgment, or decree. When the ground of the attachment is, that the defendant is a foreign corporation, or a nonresident of this Territory, the order of attachment may be issued without an undertaking. In all other cases, the order of attachment shall not be issued by the clerk of the court, until there has been executed in his office, by one or more sufficient sureties of the plaintiff, to be approved by the clerk, an undertaking not exceeding double the amount of the plaintiff's claim, to the effect that the plaintiff shall pay the defendant all damages, which he may sustain by reason of the attachment, if the order be wrongfully obtained.

COLORADO TERRITORY.—Imprisonment for debt does not exist in this Territory. If any creditor, his agent, or attorney, shall file an affidavit, in the office of the clerk of the District Court of any county in this Territory, setting forth, that any person is indebted to such creditor in a sum exceeding twenty dollars, stating the nature and amount of such indebtedness, as near as may be, and that such debtor has departed, or is about to depart from this Territory, with the intention of having his effects removed from this Territory, or is about to remove his property, to the injury of such creditor, or that such debtor conceals himself or stands in defiance of an officer so that process cannot be served upon him, or is not a resident of this Territory, or that he is converting, or is about to convert his property into money, or otherwise dispose of his property with the intent of placing it beyond the reach of such creditor, it shall be lawful for such clerk to issue a writ of attachment, directed to the sheriff of the county, returnable like other writs, commanding him to attach lands, tenements, goods, chattels, rights, credits, moneys, and effects of said debtor of every kind, or so much thereof as will be sufficient to satisfy the claim sworn to, with interest and costs of suit, in whose hands or possession the same may be found; and it shall be lawful for the clerk to issue, and the sheriff or other officer to serve, an attachment against such debtor, on a Sunday, as on any other day, as is directed in this act.

HOUSEHOLD AND

HOMESTEAD

EXEMPTION LAWS.

THE following are the laws of the different States relative to the property exempted by statute from attachment on execution: MAINE. The wearing apparel of the debtor and his family; one bedstead, bed, and necessary bedding for every two persons in the family, and other household furniture to the value of fifty dollars; the tools necessary for the debtor's trade or occupation; all the Bibles and school-books in actual use in the family, and one copy of the State Statutes; stoves used exclusively for warming buildings; one cow and one heifer, till she becomes three years old; two swine, one of which shall not weigh more than one hundred pounds; (and when the debtor owns a cow and a heifer more than three years old, or two swine, each weighing more than one hundred pounds, he may elect the cow or the heifer, or either of the swine, to be exempted;) ten sheep and the wool from them; thirty hundred weight of hay for the cow, and two tons for the sheep, and a sufficient quantity for the heifer, proportioned to its age; the produce of farms while standing and growing and until harvested, and sufficient corn and grain for the sustenance of the debtor and his family, not exceeding thirty bushels; one pew in any meeting-house where he and his family statedly worship; all potatoes raised or purchased for the consumption of himself and family; firewood, not exceeding twelve cords, conveyed to his house for his use; one boat, not exceeding two tons burden, being owned wholly by an inhabitant of the State, and usually employed in the fishing business; one cart, of the value of twenty-five dollars; one harrow, five dollars; one plough, ten dollars; one cooking-stove, thirty-five dollars; anthracite coal, five tons; bituminous coal, fifty bushels; and all charcoal on hand; one pair of bulls, steers, or oxen, together with hay enough to keep them through the winter; one ox-yoke, with bows, ring, and staple, to the value of three dollars; two chairs, three dollars each; one ox shed, ten dollars; one or two horses, instead of oxen, to the value of one hundred dollars; one barrel of flour and ten dollars' worth of lumber, wood, or bark; also, a lot of land, not exceeding half an acre, used solely as a burying-ground One sewing-machine, worth not over one hundred dollars, kept for actual use by debtor or his family. All flax raised on one half acre of ground for use of producer and family, and all articles manufactured therefrom.

Homestead. The head of any family, or any householder wish. ing to exempt his homestead, consisting of a lot of land with dwelling-house and out-buildings thereon, may file a certificate

signed by himself, which shall declare his wish and describe his homestead, with the Register of Deeds for the county wherein his homestead lies; and so much of the property as does not exceed five hundred dollars in value shall be forever exempt from liability for any debt contracted after the recording of the certificate. The widow and minor children of any person deceased who held property thus exempt, may continue to hold the premises exempt during the minority of the children, or while the widow remains single.

NEW HAMPSHIRE.-Personal.-All the necessary wearing apparel of the debtor and his family; bedsteads, beds, and bedding for the family; household furniture to the value of one hundred dollars; all the Bibles and school-books in use in the family; one cow, and one-and-a-half tons of hay; one hog and one pig, and the pork of the same when slaughtered; tools of the debtor's occupat on, to the value of one hundred dollars; six sheep and their fleeces; one cooking-stove and its appendages; provisions and fuel to the value of fifty dollars; the interest in one pew in any meeting-house in which the debtor or his family usually worship, and in one lot or right of burial in any cemetery. Also the uniforms, arms, or equipments of every officer and rivate in the militia.

Homestead. The homestead of a householder is exempt from execution on any cause of action which has accrued since January 1, 1852. It must not exceed in value five hundred dollars, and is not subject to devise so long as the widow or minor chiidren shall occupy the same; and no release or waiver of this exemption is valid unless made by deed executed by the husband and wife; or, if the wife be dead, and there be minor children, then by deed executed by the husband with the consent of the Judge of Probate in the county in which the land is situate, endorsed on the deed. The exemption extends to any interest, not exceeding five hundred dollars in value, which the debtor may have in a building occupied by him as a homestead, though standing on land owned by another.

The Sheriff, holding an execution about to be levied on lands and tenements, is required, on application of the debtor or his wife, to cause a homestead, not exceeding five hundred dollars in value, to be set off from the lands and tenements of the debtor, in the following manner: Three sworn appraisers, disinterested and discreet persons, residents in the county, are chosen; one by the officer, one by the creditor, and one by the debtor, who proceed to set-off a homestead by metes and bounds, and their set-off and assignment is returned by the officer for record in court. The court out of which the writ of execution or attachment is sued, may, upon good cause shown, order a re-appraisement and re-assignment by the same or other appraisers.

under instructions from the court, and the re-appraisement as returned and recorded in the same manner as the first. When the homestead of any head of a family, in the opinion of the appraisers, cannot be divided without injury and inconvenience, they shal make an appraisement of the whole property. The appraisal is delivered by the officer to the execution debtor, or to some member of his family old enough to understand it, with a notice attached, that unless the execution debtor shall, within sixty days, pay to the officer the surplus value over five hundred dollars, the premises will be sold. If the surplus is not paid, the officer, observing all the forms required, makes a sale of the premises, and out of the proceeds pays to the execution debtor, if his wife gives her written consent to such payment, the sum of five hundred dollars. If the wife does not consent to such payment, the officer must deposit the amount in some savings institution, to the joint credit of husband and wife, and to be withdrawn only by their joint order, or by the order of the survivor in case of the death of either. The amount is exempt for one year from the date of payment or deposit. The balance of proceeds of sale is applied on the execution. No sale can, how. ever, be made, unless more than five hundred dollars is bid; if less, the execution may be returned unsatisfied.

VERMONT.-Personal.-Suitable apparel, bedding, tools, arms, and articles of household furniture, as may be necessary for upholding life, one sewing machine kept for use, one cow, the best swine, or the meat of one swine, ten sheep, and one year's product of said sheep in wool, yarn, or cloth, forage sufficient for keeping not exceeding ten sheep and one cow through one winter, ten cords of firewood, twenty bushels of potatoes, such military arms and accoutrements as the debtor is required by law to furnish, all growing crops, ten bushels of grain, one barrel of flower, three swarms of bees, and hives, together with their produce in honey, two hundred pounds of sugar, and all lettered gravestones. the Bibles and other books used in a family, one pew or slip in a meeting-house or place of religious worship, live poultry, not exceeding in amount or value the sum of ten dollars; the professional books of clergymen and attorneys at law, to the value of two hundred dollars; and also one yoke of oxen or steers, as the debtor may select, with sufficient forage for the keeping the same through the winter: Provided, however, this latter exemption, as to one yoke of oxen or steers, and the forage therefor, is not to extend to any attachment issued on any contract made on or before the twenty-first day of November, 1859, or to any execution issued on a judgment founded on any such contract.

Homestead. The homestead of every housekeeper residing within the State, consisting of a dwelling-house, out-buildings, and the lands appurtenant thereto, occupied by the housekeeper

as a homestead, and the yearly products thereof, the whole not to exceed five hundred dollars in value, are exempt from attachment in all cases where the cause of action occurred subsequent to the first day of December, 1850, except when the cause of action occurred previous to, or at the time of the purchase of the nomestead, or the action to be brought to enforce the payment of taxes legally assessed.

Whenever the real estate of a housekeeper is levied upon, such portion as he may occupy as a homestead, or may elect to regard as such, to the value of five hundred dollars, is set out to him by the appraisers on the execution, upon their oaths, and the remainder only is set-off to the execution creditor.

If a housekeeper decease, leaving a widow, the homestead passes to his widow and children, if any there be, in direct course of descent, not subject to the payment of the debts of the deceased, unless made specially chargeable thereon, and, if necessary, the Probate Court appoints a commission to set out to the widow, or widow and children, the homestead, provided that such children shall only have an interest in such homestead until they shall attain their majority.

The homestead cannot be sold or mortgaged by the owner, if a married man, without the consent and signature of his wife, excepting at the time of the purchase of the homestead, when, to secure the payment of the purchase money, the husband may execute a mortgage without the consent of the wife. The time when the deed to the owner of a homestead is left in the Town Clerk's office for record, is deemed the time of purchase. The cost and expenses of setting out a homestead, or its yearly products, as provided by law, are charged in the officer's bill of fees upon the writ or execution.

MASSACHUSETTS.-Personal.-All the necessary wearing apparel of the debtor and his family; one bedstead, bed, and the necessary bedding for every two persons in the family; one iron stove in use in the dwelling-house, and fuel to the value of ten dollars, designed for the use of the family; other necessary household furniture, to the value of one hundred dollars; the Bibles and school-books used in the family; one cow, six sheep, not exceeding thirty dollars in value one swine, and two tons of hay; the tools and implements of the debtor necessary for carrying on his trade or business, and not exceeding fifty dollars in value; the materials and stock in trade for carrying on his business, not beyond fifty dollars; the uniform, arms, and accoutrements required by law, belonging to a member of the militia; ammuni tion and provisions intended for the use of the family, not exceeding fifty dollars in value, and rights of burial and tombs while in use as repositorics for the dead.

Homestead. There are exempt, to the value of eight hundred