All property acquired after marriage, by either husband or wife, except such as may be acquired by gift, bequest, devise or descent, shall be common property.

The separate property of the husband is not liable for the debts of the wife contracted before marriage, but the separate property of the wife shall be and continue liable for all such debts.

CHAPTER XV.

CHATTEL MORTGAGES.

Chattel mortgages may be made on the following property, viz.:

All kinds of personal property.

No chattel mortgage made shall have any legal force or effect, (except between the parties thereto) unless the residence. of the mortgagor and mortgagee, their profession, trade or occupation, the sum to be secured, the rate of interest to be paid, when and where payable, shall be set out in the mortgage; and the mortgagor and mortgagee shall make affidavit that the mortgage is bona fide, and without any design to defraud or delay creditors, which affidavit shall be attached to such mortgage.

Mortgage not valid as to third parties unless duly filed in the office of the County Recorder, duly registered and abstracted, or unless the mortgagee receives and retains the actual possession of the property.

CHAPTER XVI.

INTEREST.

When there is no express agreement fixing a different rate of interest, interest shall be allowed at the rate of seven per

cent. per annum on all moneys after they become due on any bond, bill, promissory note, or other instrument of writing, or any judgment recovered before any Court in this Territory for money lent, for money due on the settlement of accounts from the day on which the balance is ascertained, and for money received for the use of another.

Parties may agree, in writing, for the payment of any rate of interest whatever on money due or to become due on any contract; any judgment rendered on such contract shall conform thereto, and shall bear the interest agreed upon by the parties, and which shall be specified in the judgment.

Parties may agree in writing to compound interest.

CHAPTER XVII.

BILLS OF EXCHANGE.

Three days' grace allowed on notes and bills, except sight drafts.

The holder of any bill of exchange or promissory note, assignable or negotiable by the law merchant, may also secure and fix the liability of any drawer or indorser of such bill of exchange or promissory note, for the payment thereof, without suit against the acceptor, drawer or maker, by procuring such bill or note to be regularly protested by a Notary Public for non-acceptance or non-payment, and giving notice of such protest to such drawer or indorser, according to the usages and customs of merchants.

It shall be the duty of any Notary Public who shall protest any bill of exchange or promissory note for non-acceptance or non-payment, to set forth in his protest and in his notarial record a full and true statment of what shall have been done by him in relation thereto, according to the facts, by specifying therein whether demand was made of the sum of

money in such bill or note specified, of whom, and when and where such demand was made. It shall also be his duty to make the requisite notices of protest for the drawers and indorsers who are sought to be made liable, and when any such notice shall be served by him, he shall note in his protest and notarial record on whom and when such notice was served; and when such notice shall be deposited in the Post-office by him he shall specify when and where mailed, and to whom and where directed, and such protest, or a copy of such notarial record, certified under the hand and seal of such Notary Public, shall be admitted in all the Courts of this Territory as evidence of the facts therein set forth.

The holder of any protested draft or bill of exchange, drawn by any merchant within the limits of this Territory, upon his agent or factor living beyond the limits of this Territory, shall, after having fixed the liabilities of the drawer or indorser of any such draft or bill of exchange, be entitled to recover and receive ten per cent. on the amount of such draft or bill as damages, together with interests and costs of suit thereon accruing.

No person in this Territory shall be charged as an acceptor on a bill of exchange unless his acceptance shall be in writing signed by himself or his lawful agent.

Every holder of a bill presenting the same for acceptance, may require that the acceptance be written on the bill; a refusal to comply with such request shall be deemed a refusal to accept, and the bill may be protested for non-acceptance.

CHAPTER XVIII.

INSOLVENCY.

There is no insolvency law in this Territory.

CHAPTER XIX.

ASSIGNMENTS FOR BENEFIT OF CREDITORS.

A general assignment by insolvent debtor must be recorded, have annexed an inventory, under oath, of all creditors, their residence, sum and consideration due each, how evidenced, with statement of debtors' entire estate, giving values. Insolvent may make assignments for benefit of such creditors only as will accept their pro rata in discharge of all liability. Any creditor having reason to believe that such debtor has concealed his property may have him summoned before District or County Judge, and examined under oath, etc. Any attempted preference of one or more creditors shall be deemed fraudulent and without effect. Concealment by debtor of his property from assignee, or transfer of property previous to and in contemplation of assignment, with intent to defraud his creditors, is made a felony.

PART X.

Utah Territory.

Prepared Expressly for this Work by Marshall & Royle, Salt Lake City.

CHAPTER I.

COURTS AND THEIR JURISDICTION.

The Supreme Court of the Territory has general appellate jurisdiction only.

There are three United States District Courts in the Territory, with unlimited jurisdiction in all chancery and law actions.

The Probate Courts.

One in each county. Their jurisdiction is limited to strictly probate business, except that they may try divorce cases where both parties agree upon that forum; removable, however, at

the pleasure of either party, to the District Court. The Judges have the right to enter town sites, and preside over the Board of Selectmen; in other words, the County Court.

Justices' Courts.

Have jurisdiction in all cases where the amount involved is less than three hundred dollars, except in cases involving titles to real estate.