This firm was founded in 1868 and still exists today: http://www.martindale.com/xp/Martindale/About_Us/History/about_history.xml

Digitalized copy for transcribing provided by Tim Stowell. Transcription by Carolyn Ward.

Exemptions. - Homestead of 160 acres, or one acre in incorporated town occupied as a family residence, without regard to value. Head of family may have household goods, $500 in value; stock and farming utensils, $300 in value; supplies and fuel necessary for family for one year; tools and implements of mechanic, or other person, necessary for carrying on his trade or business, and stock in (mechanical or manufacturing) trade, $400; library, implements and office furniture of professional man; unmarried person, wearing apparel, (tools and implements of mechanic or other person - necessary for carrying on his trade or business, and stock intrade, $400). None of above mentioned personal property exempt from attachment, etc., for wages of clerk, mechanic, laborer or servant.

Limitations. - To recover real property sold on execution, five years after record of deed. To recover real property, sold by executors, etc., five years. Real property, sold for taxes, two years from date of recording tax deed. Other actions for recovery of real property, fifteen years. Forcible entry and detainer, two years. Persons under legal disability, when cause of action accrues, may bring action one year after disability is removed. Contract not in writing, or liability created by statute, except a forfeiture or penalty, three years; trespass on real property; taking or injuring personal property, or recovery of personal property; injury to rights of another, not on contract, two years; relief on the ground of fraud, two years. Other actions, except quasi criminal, five years.

Redemption. - None, except of lands sold for taxes, three years from day of sale.

Witnesses. - In civil actions: Party in interest or criminal may be. Adverse party may be compelled to testify; husband or wife may testify for or against each other in some cases; attorney, clergyman and physician incompetent as to professional communications.

Stay of Execution before Justice, $20, thirty days; $50, sixty days; $100, ninety days; over $100, one hundred and twenty days.

Married Women. - Property (except acquired from husband) wife's sole property; not subject to husband's disposal, or liable for his debts. She may sue and be sued; carry on trade or business, or perform labor or service, as if unmarried.

Interest. - Legal rate, 7 per cent; cannot recover in action more than 12 per cent.; payments above 12 per cent considered as principal. Judgments bear 7 per cent, or same rate as the contract.

Bonds, Notes and Bills. - Negotiable by endorsement if payable to order; or by delivery, if payable to bearer, except when payable to any person alone, and not to order, bearer or assigns; acceptance must be in writing; bear interest at 7 per cent. from date of protest, unless different rate stipulated in instrument. After demand action may be maintained against drawer, endorser, maker or obligor, jointly or severally.

Liens, Personal Property. - Mechanic, etc,, has lien on article constructed or repaired; livery stable keepers, etc., have lien; bailees, generally, have liens on goods remaining in possession six months or more; property, etc., may he sold; perishable after thirty days.

Liens, Real Property. - County or Township bonds legally issued, a lien on all real estate in county or township; judgments of Courts of Record, a lien on real estate of debtor from the first day of the term at which judgment rendered, except judgments by confession and judgments rendered at the same term during which the suit was commenced.

Statute of Frauds. - Gifts, etc., in trust to use of persons making same void; gifts, conveyances, etc., with intent to hinder, etc., creditors void; sale of personal property without change of possessions void as against purchaser. This section not to interfere with law relating to chattel mortgages. Loan of goods, etc., to one retaining possession, five years, deemed property of possessor, unless writing to the contrary, recorded six months after making loan; lease on interest in land, exceeding one year's duration, to be in writing; no action to be brought upon agreement, not to be performed within a year, unless in writing.

Assignments for benefit of creditors: Voluntary, for creditors, for benefit of all creditors. Assignee to file inventory in thirty days in District Court; Court to appont[sic] appraisers; assignee to give bond, and make statements to Court; clerk to give notice of filing accounts; Court to discharge assignee for neglect of duty; after allowance of claims assignee to pay as much as means on hand will permit, and thereafter 5 per cent: dividends; assignee to exhibit condition of affairs to claimants; schedule of liabilities with name and address of creditors to be filed in District Court, verified by affidavit: Court to appoint receiver, if assignee not responsible, or property liable to be lost, until assignee gives security; clerk to mail notice of assignment to creditors, and appoint a meeting to choose assignee; assignee to be chosen by majority of creditors; if no choice, Court to appoint. Assignment does not discharge the debtor's liability.

Depositions. - Depositions are taken upon notice to the opposite party or his attorney, stating the time and place where and when the deposition will be taken. The notice must be served so as to allow the adverse party sufficient time, by the usual route of travel, to attend, and one day for preparation, exclusive of Sunday and the day service. Courts are also authorized to appoint Commissioners to take depositions.

Instructions for taking depositions:

Begin with the following caption-

Depositions of witnesses taken before me _________, a (Justice of the Peace, or Notary Public, etc.) within and for the County of _________ in the __________ of __________, on the __________day of __________, 18__, between the hours of _____, A.M., and _____, P.M., at __________, in said County, pursuant to annexed notice, (or agreement, as the case may be,) in an action pending in the __________ Court, within and for the County of __________, and State of Kansas, wherein __________ is plaintiff, and __________ is defendant. The said __________, in person and by his attorney, __________, appeared, and the said __________, (stating whether the adverse party appeared). Thereupon the said __________ produced the following witnesses in the following order:

A. B., of lawful age, being by me first duly examined, cautioned, and solemnly sworn (or affirmed) to testify the truth, the whole truth, and nothing but the truth, deposes and says (here write the deposition, and proceed in the same manner with each witness).

Depositions may be taken in narrative form, or in reply to questions first written down.

It there are adjournments, they should be noted by the Magistrate or other officer, from day to day, at the close of the day, and reasons therefor given.

Each witness must sign his own deposition.

The notice must be attached to the depositions, and enclosed with them for transmission.

Depositions should be commenced on the day named, and some portion of a deposition taken on each successive day, Sundays excepted, adjournment being from Saturday to Monday, Sundays and National holidays not being regarded. A legal reason for every adjournment should appear in the officer's certificate.

When depositions are taken under an agreement or stipulation, the above instructions will be followed, except when they are modified by such agreement or stipulation, in which case the agreement or stipulation will be followed. And such agreement or stipulation should be attached to the depositions and referred to in the caption, as the notice is when taken under a notice.

If taken by interrogatories and cross-interrogatories, under agreement, stipulation, or otherwise, each interrogatory and cross-interrogatory must be put to each witness, and answered so far as he can answer it, and the answer written down. The deposition must show that each interrogatory and cross-interrogatory was thus put and answered.

The fees for taking depositions should be taxed, and a memorandum made by whom paid:

Close the depositions with the following certificate:

State of __________     __________ County.

SS.

I, __________, a __________ within and for the County of __________, in the State of __________do hereby certify that (naming the witnesses who have testified) were by me first duly sworn (or affirmed) to testify the truth, the whole truth, and nothing but the truth, and that the depositions by them respectively subscribed, as above set forth, were reduced to writing by myself (or "in my presence, by __________ a person not interested in the suit, and ") in presence of the witnesses, and were respectively subscribed by said witnesses in my presence, and taken at the time and place specified in the annexed notice (agreement or stipulation,) (and from day to day until the __________ day of __________, 18  ), and that I am not a relative, counsel, or attorney of either party, or otherwise interested in the event of this action or proceeding.

Witness my hand (and official seal), at __________ in said County, this __________ day of __________, 18___

(SEAL.) (Signature) ____________________

Enclose all in envelope, seal, and endorse as follows:

__________ plaintiff, vs. __________ defendant, in __________ Court, County of __________ Kansas.

Depositions on behalf of (the party taking the same), taken before and sealed up and addressed by me, __________, a __________ within and for __________ County,

To __________, Clerk of the __________ at __________, Kansas, (or to "__________, Justice of the Peace," etc., "at" etc., as the case may be).

Transcribed from Martindale's Commercial and Legal Guide - Spring 1886. J. B. Martindale - 142 & 144 La Salle Street, Chicago. Pages 196-197. [This edition is the thirty-seventh semi-annual edition.]

This firm was founded in 1868 and still exists today: http://www.martindale.com/xp/Martindale/About_Us/History/about_history.xml

Digitalized copy for transcribing provided by Tim Stowell. Transcription by Carolyn Ward.

Tom & Carolyn Ward Columbus, KS