Property of an absent debtor may be attached, and in such case notice is served upon his attorney, if he have any, or by causing a copy of the writ to be delivered him, or by advertisement in some public newspaper, as the court may order.

PROPERTY EXEMPT FROM ATTACHMENT AND EXECUTION.

The articles exempted by law from attachment in New Hampshire are the arms, equipments, and uniforms of officers, musicians, and privates in the militia; the wearing apparel necessary for the immediate use of a family; household furniture to the value of twenty dollars; two comfortable beds, bedsteads, and bedding necessary for the same; Bibles and school books in actual family use; one pew in the church where the debtor usually worships; one cow; one ton of hay; one hog, and one pig not over six months old; six sheep, and the fleeces of the same sheep while in posses sion of the owner; and in case the debtor be a mechanic or farmer, tools of his trade or occupation, to the value of twenty dollars.

ATTACHMENT ON MESNE PROCESS.

Any person having a claim against another, founded on any judgment, debt, or contract, may sue out a writ of attachment, and at once take possession of any personal estate of the debtor that he can find, to an amount sufficient to secure his claim; or he may attach the real estate of the debtor; or both, in case either is deemed insufficient to satisfy the judgment And property thus attached is held from the date of the attachment, to satisfy the judgment, which is afterwards to be determined by the court This is a harsh feature in the law, and sometimes leads to great injustice, as the creditor who first attaches may get his whole claim, while another creditor, less vigilant, though perhaps having a better claim, may lose his debt-the property being held under the attachments, to satisfy in full the judgments and costs that may be rendered, in the order of their priority.

The process is very simple and expeditious. A brief writ of attachment may be drawn up by an expert attorney in ten minutes, and if the officer be in waiting, the entire personal estate of any debtor in the neighborhood may be secured for the creditor in an hour. The officer has only to make known his errand, declare his possession, and the lien is created He then proceeds at leisure to make out an invoice of the property, which he either takes and retains possession of, or permits the debtor to resume it, on giving satisfactory receiptors, some friend of the debtor, whose bond the officer is willing to take, agreeing that the property attached shall be forthcoming whenever demanded, or the value in money, as estimated in the bond.

Personal property under attachment may, by consent of the debtor and the attaching creditors, be sold at any time before judgment; the proceeds to remain in the officer's hands, to be applied on such judgment.

In cases where attachments are made of live stock, goods, wares, or merchandise, of any kind, liable to perish, waste, or greatly depreciate in value by moving or keeping, or which cannot be kept without great and disproportionate expense, and the parties not consenting to a sale, appraisers may be appointed at the request of either party, to affix a cash value to such property; after which, if the debtor refuse to redeem the

same at the appraisal, or procure a sufficient receiptor, the officer may proceed to sell the same at public auction, holding the proceeds in his hands, to apply on the judgment recovered by the attaching creditor.

Attachments of real estate are made by the officer's leaving a certified copy of the writ, with his return, describing the property attached, endorsed on the back thereof, at the office of the town-clerk, who notes on the same the hour at which it is filed, and the attachment then commences. Where the creditor lives within the state, the suit must be brought in the county where one of the parties resides. Where the creditor lives without the state, he may bring his action in either of the counties.

All property attached must be levied upon within thirty days after the rendition of judgment in the suit, or the attachment is lost.

Where neither property is attached, nor an arrest of the body of the debtor ordered, service is made by leaving a summons with the debtor.

EXECUTION ON MESNE PROCESS.

This is very expeditious and simple. Where judgment is rendered for the creditor, he obtains his writ of execution, delivers it to the officer who made the original attachment, and in four days the sale is completed.

In cases of levies upon real estate, appraisers are chosen, one by the creditor, another by the debtor, and a third by the officer, who set off, under oath, at its value, so much of the lands and tenements of the debtor's as will satisfy the judgment and costs. The creditor is at the same time put in possession of the premises, and his title becomes perfect in the same, unless within a year the debtor redeem the same by payment of the debt, cash and interest on the same. Rights in equity to redeem real estate mortgaged, or set off in execution, and franchise in corporations, are sold as personal property; the debtor, however, in such case, having the right to redeem within a year, which he has not in the case of levy upon goods and chattels.

ARREST ON MESNE PROCESS, BAIL, AND IMPRISONMENT.

Females are not liable to arrest for debt in New Hampshire; and certain public officers, judges, sheriffs, &c., are also exempt from arrest. But every other person in that state, owing a debt amounting to thirteen dollars and thirty-three cents, may be arrested thereon, at the pleasure of the creditor, and thrown into close jail, unless he can procure a friend to become his bail. If he cannot procure bail, he may be detained in confinement until judgment is rendered, which is rarely ever in a shorter period than six months. The creditor, however, is required to give security to the jailer for the payment of prison charges against the debtor while so confined, or the jailer may set him at liberty.

Where a debtor is imprisoned on mesne process, the execution recovered against him must be levied upon his body within thirty days after judgment, or he is freed from arrest for a year thereafter.

ARREST ON EXECUTION.

Any person arrested or imprisoned on execution, may be discharged from arrest or imprisonment, on giving bond to the creditor with two suf

ficient sureties, in double the amount of the sum for which the execution issues; with the condition that he shall within one year from the day of his arrest, apply to the proper authority and actually take the poor debtor's oath, or surrender himself up to the creditor. If he take the oath, he can never again be arrested on the same claim, although the judgment remains good against the property of the debtor, should he ever thereafter be possessed of any. If he fail to take the oath prescribed within the year, and surrender himself to the creditor, he may be committed to close jail, there to remain for life, unless the debt be paid. And if the debtor, having given the bond aforesaid, neglect either to take the oath, or to surrender himself to the creditor within the year specified, the bond is then adjudged forfeit, and the creditor may put it in suit, and recover his just debt with ten per cent. interest and costs, from the time of the arrest. The sureties on such bond, if they fail to pay, may be arrested and imprisoned on execution recovered on the bond, and are denied the privilege of the poor debtor's oath, or of even entering into bonds to surrender themselves within the year; but go at once into close confinement, there to remain until the debt is paid.

When the officer has a person under arrest on execution, and the creditor is not at hand to approve, or declines to accept the bond offered by the debtor, he may have it approved by two justices of the peace and quorum; and any two justices of the peace and quorum may act as commissioners of jail delivery, examining the prisoner arrested and confined, or under bonds, for debt, and may administer the poor debtor's oath. The debtor may be examined by the creditor or his attorney while on the stand, touching any property, rights, or interests he may be supposed to possess.

POOR DEBTOR'S OATH.

The oath administered to poor debtors in New Hampshire, is as follows, viz:

"I, A. B., do solemnly swear before Almighty God, (or affirm,) that I have not any estate, real or personal, in possession, reversion, or remainder, to the amount of twenty dollars, excepting goods and chattels by law exempted from attachment and execution; and that I have not, at any time, directly or indirectly, sold, leased, nor otherwise conveyed, nor disposed of to, nor intrusted, any person or persons with all nor any part of the estate, real or personal, whereof I have been the lawful possessor or owner, with any intent or design to secure the same, or to receive or to expect any profit or advantage therefor, nor have caused nor suffered any thing else whatever to be done, whereby any of my creditors may be defrauded. So help me God. (Or, This I do under the pains and penalties of per. jury.)"

The justices, having administered the above oath to the debtor, make a certificate of the same, and the prisoner is discharged, on payment of prison charges, and costs of jail delivery; and is thereafter exempt from any rest on the same judgment.

MORTGAGES AND ASSIGNMENTS.

All mortgages, whether of real or personal property, are required to be placed on the public records, for the inspection of those who are interested. Mortgages of personal property are recorded in the office of the town

clerks; and those of real estate, in the offices of the registers of deeds for the county; no lien created by such mortgage being good against attachment or execution until so placed upon the records.

By the laws of New Hampshire, no assignment made for the benefit of creditors is valid, except on the following conditions:

1. The assignment must provide for an equal distribution of all the debtor's effects equally among all his creditors, in proportion, according to their respective claims.

2. The debtor, on executing the assignment, must make oath that he has placed in the hands of his assignees, for the benefit of his creditors, all his property of every description, except such as is by law exempted from attachment and execution.

The courts of New Hampshire are, the Superior Court of Judicature, consisting of a chief justice and three associates, who hold one term an. nually in each of the eight counties of the state, for the hearing and deter mining questions of law, &c. This court is also vested with chancery powers, under certain regulations, and for certain purposes prescribed by the statute.

The judges of the Superior Court are ex officio judges of the Court of Common Pleas. This court, before whom all actions for the recovery of debts and the enforcement of contracts, and all jury trials are brought, consists of one of the justices of the Superior Court, who sits as chief justice of the Common Pleas, and of two county judges, generally appointed from among the yeomanry, and whose principal business is to attend to the ordinary business of the county, its roads, expenses, &c. Two terms are

held annually in each of the counties, and debts are usually as speedily and cheaply collected in New Hampshire as in any state of the Union. The. expenses of obtaining a judgment on a suit for debt usually varies from ten to fifteen dollars, exclusive of attorney's fees, where the case is argued at length before a jury. And it will be seen by the preceding statement, that in all cases where the debtor is in possession of property, the law provides the most effectual means to reach it. The creditor who suspects his debtor, may attach and take possession of his property, without notice or warning of his intention, and hold it until he can obtain a judgment in court, and a writ of execution. If he can find no property, or suspects the debtor of a design to conceal it, he may arrest and imprison him, in default of bail. If he have reason to suppose that any third person has in possession any goods, chattels, rights, or credits of the debtor, he may summon such person to disclose and to surrender whatever may be in his hands. With his writ of execution, if he fail to find property, he may arrest the body of the debtor, and compel him to take the poor debtor's oath, or go into close confinement. Not only so, but the creditor has the power, in the first place, to apply all the goods and effects of the debtor towards the payment of his demand, and then, if his execution remain unsatisfied in full, he may arrest the body of the debtor for the balance, and imprison him, if he refuse to take the oath aforesaid. Nor is this all. The poor debtor only exempts his body from duress, by the oath of bankruptcy. The creditor still holds his judgment over him, or such part of it as remains unsatisfied; and although he cannot again imprison him, he may, at any time thereafter, pounce down upon the unfortunate debtor, and take away his earnings.

ART. VIII.-MERCANTILE LAW REPORTS.

INSURANCE. GENERAL AVERAGE, &c.

AN action was recently brought in the Superior Court of the State of New York, Judge Jones presiding, by John H. Mason vs. the Jackson Marine Insurance Company, upon a policy of insurance to recover the amount of a general average; and, also, for the difference of freight paid by the owner of the goods between an intermediate port where the vessel stopped, and her original port of destination, and also for the personal expenses of the owner of the goods in going to the intermediate port to get possession of the goods.

In September, 1838, the plaintiff shipped goods from this city for Vicksburg, on board the ship Superior, and effected an insurance on them with the defendants, the policy of insurance containing a stipulation that the vessel might be towed up the river Mississippi by a steamboat, or that the goods might be transhipped at an intermediate port.

The vessel encountered a storm on the passage, which injured her so much that it was found necessary for her to put into New Orleans, in order to have her repaired before she could proceed on her voyage. The captain made the usual protest, and the cargo was landed and put in store. While the vessel was being repaired, the owner of the goods went to New Orleans, and agreed with the captain of the vessel to pay him 16 cents per cubic foot for the freight of the goods to that place, instead of 25 cents, which was the freight he was to have been paid for carrying the goods to Vicksburg. The captain having made this arrangement, delivered the goods to the owner, who forwarded them to Vicksburg. The plaintiff now sought to recover the difference between what it cost to transmit the goods to Vicksburg, and what it would have cost if the vessel in which the goods were originally shipped had continued her voyage and brought them there. The personal expenses of the owner of the goods going to New Orleans, to get possession of them, was also claimed. The plaintiff also claimed his share of the general average, resulting from the injuries the vessel received at sea, which was paid at New Orleans, in compliance with the regulations of that port, and amounted to $500.

In the defence it was contended that when the captain arrived at New Orleans, and found that his vessel could not proceed on her voyage, he was bound to immediately forward the goods to their destination, in accordance with the stipulation in the policy. And that independent of that stipulation, he was bound to forward them to Vicksburg, if on inquiry he found that it would cost less to do so than to land and store them at New Orleans. It was also contended that the average was exorbitant, particularly one item of 24 per cent. commission for landing and re-shipping the cargo, which charge it was alleged was illegal, and need not have been paid by the plain.. tiff. That his paying it was his own voluntary act, and that he ought not to recover it.

The court charged the jury:

The policy of insurance contained a stipulation for liberty to have the vessel towed up the river by a steamboat, or to transfer the goods, and for. ward them by another conveyance. The owner of the goods stipulated for these privileges by way of greater caution, but it was not obligatory on him