When the action arises from a promissory note, bill of exchange, or an ac knowledgment under the hand of the party, of a subsisting demand, the action may be commenced at any time within six years. Those under the disability of infancy, coverture, or incompetency of mind, to have three years after the removal of such incompetency. The time the defendant is out of the state, to be deducted; and in every such case, one year after his return to be allowed, when the cause of action arises in this state. Exemptions. THE following goods and chattels, the property of the white citizens of this state, are exempt from execution process, and distress for rent, to wit: the necessary wearing apparel of the debtor, and of his wife and children, one bedstead, bed, and the necessary bedding for every two persons of the family, one iron stove used for warming the dwelling house, and fuel not exceeding the value of five dollars, procured and designed for the use of the family; the bibles, and school-books, used in the family; one cow, one swine and one ton of hay ; the library and tools or implements of the debtor necessary for carrying on his profession, trade or business, not exceeding fifty dollars in value; rights of burial and tombs while in use as repositories for the dead; other household furniture necessary for the debtor and his family not exceeding twenty-five dollars in value; Provided, that the value of the whole of the articles thus exempted shall not exceed one hundred dollars, and provided further, that if the debtor shall not at the time of the execution of the said process, be in possession of all, or any of the above specified articles, then any other property which he shall have in his possession amounting in value to one hundred dollars, shall be exempt as aforesaid, except in every case for taxes due in either of the counties of this state, or in the city of Wilmington, which said articles and the value thereof shall be ascertained by two substantial citizens of the county whereof the debtor is an inhabitant, to be appointed and to be sworn or affirmed faithfully and justly to fulfil the duties of said appointment by any justice of the peace, constable, or sheriff of the said county. This act shall not in any wise invalidate debts or contracts made previous to the fourth day of July, A. D. one thousand eight hundred and fifty-one, and that all acts and parts of acts inconsistent herewith, be and the same are hereby repealed. Collection of Debts. ARREST. No free white citizen may be arrested, except upon oath that the defendant is justly indebted in a sum exceeding five dollars, and verily believes that defendant has secreted, conveyed away, assigned, settled, or disposed of, either money, goods, chattels, stocks, securities for money, or other real or personal estate, of the value of more than twenty-five dollars, with intent to defraud his creditors, and specify and set forth the supposed fraudulent transactions. ATTACHMENT.-Attachment may issue against a residenter in this government, upon an affidavit that the defendant is justly indebted to the plaintiff in the sum of forty shillings, and absconded from the place of his usual abode, or is gone out of the government, with intent to deceive or defraud his creditors, as it is believed. The above is called "domestic attachment." There is another writ which is known as a "foreign attachment," and which issues against a non-resident upon the oath of the plaintiff, or of some credible person for him, that the defendant resides out of the state, and is justly indebted to him in the sum of fifty dollars and upward. Deeds. DEEDS may be acknowledged in any county by any party to the same, in the superior court or before the chancellor or any judge of the said court, or before two justices of the peace for the same couuty, or before a notary public. Deeds of a married woman, to which her husband is also a party, shall be valid if she, upon private examination apart from her husband, acknowledges that she executed said deed willingly, without compulsion or threats, or fear of her husband's displeasure. Such private examination may be taken in any county before the chancellor, any judge, or two justices of the peace for the same county, or before a notary public. Such acknowledgment to be certified under the hand and seal of the clerk of the court in which, or under the hand of the chancellor, judge, or justices of the peace, or under the hand and notarial seal of the notary, before whom, it is taken in a certificate endorsed upon or annexed to the deed. If the party be out of the state, the acknowledgment, or private examination, may be made before the judge of any district court of the United States, or before the chancellor or any judge of a court of record in any state, territory, or country, or before the mayor or chief officer of any city or borough, and certified under the hand of such chancellor, judge, mayor, or officer, and the seal of his court, city, or borough, by certificate endorsed upon, or annexed to the deed; or such acknowledgment and examination may be made before any commissioner duly authorized by the governor of this state, and certified under his hand and seal. Deeds must be recorded in the office for recording deeds in the county where the lands lie. There should be two witnesses. A scrawl of the pen may be used for a seal. The form of acknowledgment is the same as in PENNSYLVANIA, by adding “or fear of her husband's displeasure." Rate of Interest. THE legal rate is six per cent. Whoever exacts more, is liable to forfeit the whole debt-one half to the state, and one half to the prosecutor. Wills. WILLS must be in writing, and signed by the testator, or by some other person subscribing the testator's name, in his presence and by his express direction, and attested and subscribed by two competent witnesses, in the presence of the testator. |