Subject to dower, curtesy, and debts, the property descends to and is distributed among the children, and the issue of such children, the descendants taking equally if in the same degree of descent, but otherwise per stirpes. If there be no descendants, it passes to the parents or the survivor of them; if there be none, to the brothers and sisters, and to the children of any deceased per stirpes; or if none of these survive, to the next of kin in equal degrees. Wyoming. If a person leave children or their issue, one-half of the estate descends to the widow or husband, and the other half equally to the children. If there be neither children nor their issue, and the estate do not exceed $10,000 in value, the widow or husband takes all; if it exceed $10,000, he or she takes three-fourths, and the father and the mother, or the survivor of them, one-fourth. In other cases, the law of descent is as follows: To the children surviving, and the descendants of children who are dead, the descendants collectively taking the share which their parent would have taken if living; if there be neither children nor their descendants, then to the father, mother, brothers, and sisters, and to the descendants of the brothers and sisters who are dead, in equal parts, the descendants collectively taking the share their parent would have taken if living. If there be neither father, mother, brothers, nor sisters, nor descendants of deceased brothers and sisters, nor husband nor wife living, then to the grandfather, grandmother, uncles, aunts, and their descendants (descendants taking as before mentioned) in equal parts. PROVINCES OF THE DOMINION OF CANADA British Columbia. - The widow has her dower of the realty, and the husband his tenancy by curtesy. Of the personalty, the widow or husband takes one-third, if there be children or their issue; if there be no children or their issue, she or he takes one-half. The course of the descent and distribution of property is the usual one. Children who have received advancements must account for the same before taking any share. After children and their issue, the realty descends to the father, unless the estate were derived from the mother, then to her if she be living; next to the mother for life, reversion to brothers and sisters, and their descendants equally, or if none such, to the mother in fee. Personalty is distributed to the next of kin. Manitoba. -The widow or husband takes one-third of both the real and the personal estate, if there be also children or their issue; if there be no issue, the whole estate goes to the widow or husband. The property first passes to the children equally; next to the father; if there be no father, to the mother, brothers, and sisters equally, representation being allowed as to brothers' or sisters' children. New Brunswick. - Of the realty, the widow has dower, and the husband has curtesy. Of the personalty, the widow takes one-third, and the husband one-half, if there be issue; if there be no issue, the widow takes one-half, and the husband all. The descent and distribution of the property follows the usual course. Nova Scotia.-Of the realty, the widow has dower; and the husband has tenancy by curtesy, but only of such of his wife's land as she died seized. A widow takes one-third surplus personal estate if there be issue, and if there be no issue, she takes one-half the realty in lieu of dower, and one-half the personalty. The real estate descends in equal shares to the children and the issue of deceased children per stirpes; if no child be living, to his other lineal descendants, who shall share equally, if in the same degree; otherwise, per stirpes. If there be no issue, one-half goes to the father, and one-half to the widow in lieu of dower; if there be no widow, the whole to the father; if there be neither issue nor father, one-half to the widow, the other half in equal shares to the mother, brothers, and sisters, and the children of any deceased brother or sister per stirpes. If there be none of the foregoing, in equal shares to the next of kin in equal degree, excepting where there are two or more collateral kindred in equal degree but claiming through different ancestors; those claiming through the nearest ancestor shall be preferred; but in no case shall representation be admitted among collaterals after brothers' and sisters' children. If the person deceased be unmarried and under age, the estate inherited from either parent goes to the children of the same parent and their issue equally, if in the same degree; otherwise, per stirpes; if there be no children of the same parent, to all the issue of other children of the same parent equally, if in the same degree; otherwise, per stirpes. Degrees of kindred are computed by the rules of the civil law; kindred of the half blood inherit equally with those of the whole blood in the same degree. Personal property descends in the same way subject to the payment of debts, funeral expenses, and other charges. Ontario. - The widow or husband takes one-third of the estate, if there be issue surviving. If there be no issue, the widow or husband takes one-half the estate; and, if the net value of the estate shall not exceed $1,000, it shall belong to the widow or husband free from debts and other charges. The property remaining undisposed of passes to the children, or their descendants. Children who have received advancements from the intestate must account for the same, or be excluded from sharing. If there be no next of kin capable of taking, the property escheats to the crown. Quebec. The rights of husband and wife may be altered by the marriage contract. The widow may have dower in one-half the immovables of the husband. Of the community property, either party receives one-half. Relations beyond the twelfth degree do not inherit, and in that case, the succession belongs to the surviving consort. Children or their descendants succeed to the property of their ascendants undisposed of without distinction of sex or primogeniture. If there be no descendants, the parents get one-half the estate; and the brothers and sisters, and nephews and nieces of the first degree, the other half. If there be neither brothers, sisters, nor their children as aforesaid, the parents divide the estate equally; or per contra, the brothers, sisters, and their children. If there be none of the foregoing, the estate is divided between the nearest ascendants of the paternal line, and the nearest ascendants of the maternal line, and if there be no kindred capable of inheriting, the estate escheats to the crown. ENGLAND Of the realty, the widow has her dower, and the husband has his tenancy by curtesy if issue have been born capable of inheriting. Of the personal estate, the husband takes all; and the widow, if there be issue, takes one-third. But if there be no issue, the widow has a first charge on all the real and personal estate for the sum of £500 and takes one-half of the residue. Subject to the right of husband and wife, the real estate first descends to the decedent's eldest son, or if no son, to the daughters equally. The personal estate is divided among all the chidren equally. If there be no descendants, the realty descends to the next eldest brother; and personalty is distributed among the next of kin. DISTRESS FOR RENT Distress for rent has been expressly abolished in the District of Columbia, Minnesota, Mississippi, New York, Oregon, Utah, and Wisconsin. In other states the procedure has practically fallen into disuse. In a few states only has distress been recognized by the statutes as still existing. In many states, although distress has been abolished, it is practically preserved under the law of liens and attachments. The landlord has a statutory lien for his rent, unless otherwise agreed, on the crops grown during the term upon the demised premises in Alabama, Arizona, Arkansas, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, Ohio, South Carolina, Tennessee, and Texas; on the furniture and other personal property on the premises in the District of Columbia, Florida, Iowa, Kentucky, Louisiana, Missouri, New Mexico, Utah, Virginia, and West Virginia. By an express provision in the lease, the landlord may sometimes acquire a lien upon the personal property of the tenant on the demised premises, as in Alabama, California, Illinois, Indiana, Iowa, Kentucky, Mississippi, Missouri, New Jersey, New York, Oregon, Rhode Island, Texas, and Vermont. But the lien may not be enforced against third parties without notice, unless the lease be recorded as a chattel mortgage, in Arkansas, Illinois, Iowa, Michigan, Minnesota, Missouri, and New York. The general principles of the common law as to rent and the remedies for its collection apply also to the rights given by these statutes, the main difference being that the statutes substitute the process of the courts for the personal distraint of the landlord allowed by the commonlaw method, and confine the distress to the property of the tenant only, and do not allow it as to the property of third persons found on the demised premises. In those states, territories, and provinces of Canada, when no mention of distress has been made, it is believed that no statute on the subject exists. Alabama. - The landlord has a lien on the crop grown on rented land for rent, for the current year, and for advances made in money or other thing of value. Unless otherwise stipulated, the rent and the price or value of the articles advanced shall be due on the 25th day of December of the year in which the crop is grown. The landlord may assign his claim, and the assignee will take the landlord's rights and remedies. The landlord or his assignee may have process of attachment for the recovery of the sum due him for rent and for advances. The landlord of any storehouse, dwelling house, or other building has a lien on the goods, furniture, and effects of the tenant for his rent, which is superior to all other liens except those for taxes, and such lien can be enforced by attachment as in attachments in other cases, when the tenant has fraudulently disposed of his goods or is about to do so or make an assignment for the benefit of his creditors or a complete transfer of substantially all of his goods without the consent of the landlord, for the payment of rent in full for the term, and also when the rent or any instalment thereof is due and the tenant refuses on demand to pay such rent. Arkansas. - The landlord has a lien on crops grown on the demised premises paramount to all other liens, except that for taxes, continuing for 6 months after the rent becomes due. The lien is enforced by attachment. California. - Distress for rent is not known, but judgment for rent and unlawful detainer may be had, and property not exempt from execution may be levied upon to satisfy the judgment. Colorado. - A landlord cannot distrain for rent in the absence of an express agreement. Delaware. - Distress may be had of the grain, grass, horses, cattle, or other goods and chattels being upon the premises, except they be not the property of the tenant, but are there in the way of trade, as horses at a livery, property of boarders in a boarding house, and the like. If the tenant remove his effects from the premises without payment of the rent due or growing due, and without license from the landlord in writing under his hand, they shall be liable, wherever found, to be distrained for rent for 40 days after the removal or after the rent becomes due, unless they have in the meantime been sold and delivered to a bona-fide purchaser for value. Rent is a preferred claim, and in case of the sale under execution process on the tenant's goods and effects on the premises, 1 year's rent in arrear and growing due, shall be paid the landlord out of the proceeds of sale before anything shall be applicable to such process. No exemption is allowed as against a claim for rent. District of Columbia. - Distress for rent, as it existed at common law, was abolished by an act of congress, and a tacit lien substituted, which extends to 3 months' rent, and may be enforced by attachment or execution upon such effects of the tenant upon the premises as are subject to execution. Florida. - Distress warrants for the collection of rents may issue from the court in the county where the land lies having jurisdiction of the amount claimed, upon the filing of an affidavit by any person to whom any rent or money for advances may be due, his agent or attorney, executor or administrator; the affidavit stating the amount |