CHAPTER XI.

SECURITY FOR COSTS.

Security for costs can only be required in Justices' Courts. If the plaintiff is a non-resident of the county, the Justice may require him to give an undertaking with one or more sureties for the costs and disbursements of the action before issuing the summons, and if at any time before the commencement of the trial the defendant apply therefor, the Justice must require such plaintiff to give such undertaking. Upon application of defendant, and in the discretion of the Justice, the plaintiff, if a resident of the county, may be required to give an undertaking for costs. The undertaking may be in the following form: "I, A B, or We, A B and C D, undertake to pay E F, 'the defendant in this action, all costs and disbursements that "may be adjudged to him in this action."

The sureties must possess the qualifications of bail upon arrest, and if required by the defendant, must justify in a sum not less than $50.

CHAPTER XII.

APPEALS.

Any party to a judgment or decree other than a decree or judgment for want of an answer, or by confession may appeal therefrom.

An appeal to the Supreme Court shall be taken by serving and filing a notice of appeal within six months from the entry of the judgment or decree appealed from, or to the Circuit Court, within thirty days after such entry, and not otherwise.

Appeals from the Circuit Courts are taken to the Supreme Court, and from County Courts and Justices' Courts to the Circuit Court of the county.

Upon an appeal from the Circuit or County Court, the appellant must file an undertaking, with one or more sureties, to the effect that the appellant will pay all damages, costs and

disbursements which may be awarded against him on the appeal; and if the judgment or decree appealed from be for the recovery of money or personal property, or the value thereof, to obtain a stay of proceedings, the undertaking must further provide, that if the judgment or decree appealed from be affirmed, the appellant will satisfy it so far as affirmed.

Upon an appeal from Justices' Court, the undertaking is to the effect that the appellant will pay all costs and disbursements that may be awarded against him on the appeal, and that he will satisfy any judgment that may be given against him in the appellate Court on the appeal.

CHAPTER XIII.

ESTATES OF DECEASED PERSONS.

Every executor or administrator must, immediately after his appointment, publish a notice thereof in some newspaper published in the county, for four successive weeks. Such notice must require all persons having claims against the estate to present them to the administrator or executor, within six months from the date of such notice, with the proper vouchers. A claim not presented within six months is not barred, but it cannot be paid until the claims presented within that period have been satisfied. A claim not due or contingent must, nevertheless, be presented as any other claim. Until administration has been completed, a claim against the estate may be presented, allowed and paid out of any assets not otherwise appropriated or liable.

Every claim must be verified by the affidavit of the claimant, or some one on his behalf, who has personal knowledge of the facts, to the effect that the amount claimed is justly due, that no payments have been made thereon except as stated, and that there is no just counter-claim to the same.

There is no specified time in which estates are required to be settled.

CHAPTER XIV.

DESCENT OF REAL PROPERTY.

When any person dies, seized of any real property, or any right thereto, or any interest therein, not having lawfully devised the same, such real property descends, subject to his debts, as follows:

1. In equal shares to his children, and to the issue of any deceased child by right of representation; and if there be no child of the intestate living at the time of his death, such real property descends to all his other lineal descendants; and if all such descendants are in the same degree of kindred to the intestate, they take such real property equally; or otherwise, they take according to the right of representation.

2. If the intestate leave no lineal descendants, such property descends to his wife; and if he leaves no wife it descends to his father.

3. If the intestate leave no lineal descendants, wife nor father, such real property descends in equal shares to his brothers and sisters, and to the issue of any deceased brother or sister by right of representation; but if the intestate leaves a mother also, she takes an equal share with such brothers and sisters.

4. If the intestate leaves no lineal descendants, wife, father, brother nor sister living at his death, such real property descends to his mother, to the exclusion of the issue of his deceased brothers or sisters.

5. If the intestate leave no lineal descendants, wife, father, mother, brother nor sister, such real property descends to his next of kin in equal degree, excepting that when there are two or more collateral kindred in equal degree, but claiming through different ancestors, those who claim through the nearest ancestor are preferred to those claiming through a

more remote ancestor.

6. If the intestate leaves one or more children and the issue of one or more deceased children, and any of such surviving children shall die under age, without having been married, all such real property that came to such deceased child by inheritance from such intestate, descends in equal shares to the other children of the intestate, and to the issue of any other children of such intestate who shall have died, by right of representation; but if all the other children of such intestate are also dead, and any of them shall have left issue, such real property so inherited by such deceased child descends to all the issue of such other children of the intestate in equal shares, if they are in the same degree of kindred to such deceased child; otherwise they take by right of representation.

7. If the intestate leaves no lineal descendants or kindred, such real property escheats to the State of Oregon.

CHAPTER XV.

DESCENT OF PERSONAL PROPERTY.

When any person dies possessed of any personal property, not having lawfully bequeathed the same, such personal property is applied and distributed as follows:

1. If the intestate leaves a widow, she is allowed all her articles of apparel and ornaments, according to the degree and estate of the intestate, and such property and provisions for the use and support of herself and minor children as shall be allowed and ordered.

2. The personal property of the intestate remaining after such allowance is applied to the payment of the debts of the intestate, and the charges and expenses of administration.

3. The residue, if any, of the personal property, is distributed among the persons who would be entitled to the real property, except as otherwise provided.

4. If the intestate leaves a husband, such husband is entitled to the whole of the personal property.

5. If the intestate leaves a widow and issue, such widow is entitled to receive one-half of such personal property; but if there be a widow and no issue, she is entitled to the whole of such personal property.

6. If there be no husband, widow or kindred, the whole escheats to the State.

CHAPTER XVI.

HOMESTEADS AND DOWER.

Homesteads.

There is no homestead law in this State.

Dower.

The widow of every deceased person is entitled to dower, or the use during her natural life of one-third part of all the lands of which her husband was seized of an estate of inheritance at any time during the marriage, unless she is lawfully barred thereof.

CHAPTER XVII.

DEPOSITIONS.

The deposition of a witness out of this State may be taken upon commission issued from the Court, or without commission before a Commissioner appointed by the Governor of this State to take depositions in other States or countries. The commission may be issued by the Clerk of the Court, or the Justice, in any cause pending in a Justices' Court, on the application of either party, upon five days' previous notice to the other. It is issued to a person agreed upon by the parties, or if they do not agree, to a Judge, Justice of the Peace, Notary