remaining for the payment of his debts; where he is about to remove his property or a part thereof out of the county where the suit is brought, with intent to defraud his creditors; when he has disposed of his property, in whole or in part, with intent to defraud his creditors; when he is about to dispose of his property with intent to defraud his creditors; when he is about to convert his property or a part thereof into money, for the purpose of placing it beyond the reach of his creditors; when the debt is due for property obtained under false pretenses. The affidavit must further show that the defendant is justly indebted to the plaintiff and the amount of the demand; that the attachment is not sued out for the purpose of injuring or harassing the defendant; and that the plaintiff will probably lose his debt unless such attachment is issued. A bond is required on behalf of the creditor in double the amount of the debt.

ARREST AND IMPRISONMENT FOR DEBT.
Not allowed.

LIMITATION OF ACTIONS.

Written instruments, four years; accounts, two years. Judgments obtained in this State, ten years; foreign judg ments, ten years.

HOMESTEADS.

A homestead in the city to the value of $5000, exclusive of improvements, or 200 acres in the country, is exempt from execution.

Homesteads cannot be mortgaged or subjected to any lien except mechanics' for building thereof, or materials furnished therefor, or for vendor's lien.

INTEREST.

The legal rate is eight per cent. per annum, but a ́ rate not to exceed twelve per cent. per anuum may be agreed upon. Usury forfeits all interest.

ESTATES OF DECEASED PERSONS.

Claims against estates to be presented within twelve months from granting of letters; and if verified out of this State, to be sworn to before a Commissioner for this State, or before a Notary Public, or before a Judge or a Clerk of a Court of record.

Letters of administration must be granted within four years after death, and not after.

BILLS OF EXCHANGE AND PROMISSORY NOTES.

Three days of grace are allowed.

ACKNOWLDGEMENTS.

Taken in this State may be taken before:

First.-A Clerk of the District Court.

Second.-A Judge or Clerk of the County Court, or Justice of the Peace.

Third.-A Notary Public.

Taken out of the State, but within the United States, may be taken before:

First.-A Clerk of some Court of record, having a seal. Second.-A Commissioner of Deeds, duly appointed under the laws of this State.

Third.-A Notary Public.

Taken without the United States: before a Minister, Commissioner, or Charge d'Affaires of the United States, resident and accredited in the country where the proof or acknowledgment is taken; a Consul-General, Consul, Vice-Consul, Commercial Agent, Vice-Commercial Agent, Deputy Consul or Consular Agent of the United States, resident in the country where the proof or acknowledgment is made.

The officer before whom an acknowledgment is taken must certify that the party "is known to him.”

INSOLVENT AND ASSIGNMENT LAWS.

There is no insolvent law in this State, but there is an assignment law for benefit of creditors.

A creditor may or may not accept under the assignment. If he accepts he gives his consent in writing to the assignee within four months after notice of the assignment is published, and within six months after such notice is published, must file his claim duly verified by affidavit. If the assignee pays to an accepting creditor as much as 33 per cent. of the claim it operates as a full release thereof, but any less amount is only a credit on the claim,

The creditor who refuses to consent to the assignment receives none of the assigned estate; but his remedy at law against the assignor is unimpaired.

PART XV.

State of Washington.

Prepared Expressly for this Work by Peterson & Pennefather Seattle.

Article XVII, section 2, of the Constitution of the State of Washington, provides: "All laws now in force in the Territory of Washington, which are not repugnant to this Constitution, shall remain in force until they expire by their own limitation, or are altered or repealed by the Legislature; provided, that this section shall not be so construed as to validate any act of the Legislature of Washington Territory, granting shore or tide lands to any person, company, or any municipal or private corporation."

CHAPTER I.

COURTS AND THEIR JURISDICTION.

Under the Constitution of Washington, the judicial power of the State is vested in a Supreme Court, Superior Courts, Justices of the Peace, and such inferior Courts as the Legislature may provide.

The Supreme Court is an appellate Court, but has original jurisdiction in habeas corpus, and quo warranto and mandamus, as to all State officers. It has appellate jurisdiction in all actions and proceedings, excepting that its appellate jurisdiction shall not extend to civil actions at law for the recovery of money or

personal property, when the original amount in controversy does not exceed the sum of $200, unless the action involves the legality of a tax, impost, assessment, toll, municipal fine, validity of a statute. (Constitution, Art. IV, Sec. 4.)

or the

The Superior Court has original jurisdiction in all cases in equity and in all cases at law which involve the title or possession of real property, or the legality of any tax, impost, assessment, toll or municipal fine, and in all other cases in which the demand or the value of the property in controversy amounts to one hundred dollars, and in all criminal cases amounting to felony, of actions of forcible entry and detainer, of proceedings in insolvency, and of matters of probate and divorce. (Const. Art. IV, Sec. 6.)

There is a Probate Court in each county, holding six terms each per annum, having statutory jurisdiction in all matters pertaining to decedents' estates, and the guardianship and estates of minors and insane persons. They have no common law jurisdiction except such as is strictly necessary to carry out and enforce that defined by statute. The constitution provides that the Probate Court shall be merged into the Superior Court after the second Monday in January, 1891.

Justices of the Peace: the Legislature shall prescribe by law the powers, duties and jurisdiction of Justices of the Peace; but such jurisdiction granted by the Legislature shall not trench upon the jurisdiction of Superior or other Courts of record (Const. Art. IV, Sec. 10.)

Justices of the Peace have jurisdiction co-extensive with the limits of their respective counties, over all causes arising on contract for the recovery of money only, when the sun claimed does not exceed one hundred dollars, and in actions for damages for injury to person or property, or for taking or detaining or injuring personal property, if the damages claimed do not exceed one hundred dollars; also in actions to recover the possession of personal property where the value does not amount to one hundred dollars; also in actions on undertakings or bonds, when the penalty or amount claimed does not exceed one hundred dollars; also in actions for damages for fraud and